Missouri 2023 Regular Session

Missouri Senate Bill SB436

Introduced
1/4/23  

Caption

Modifies provisions relating to fiduciary duties for investments of public employee retirement systems

Impact

If enacted, the bill will significantly reshape how public employee retirement systems manage investments. It explicitly mandates that fiduciaries must only weigh financial factors—which excludes social, political, or ideological interests—when making investment decisions. This change is expected to reduce the influence of socially responsible investment criteria, aligning fiduciary responsibilities closely with maximizing financial returns rather than broader ethical considerations. Critics argue that this could lead to disinvestment from companies that do not align with the changing societal values or sustainability goals.

Summary

Senate Bill 436 is a legislative proposal aimed at modifying the fiduciary duties associated with the management of public employee retirement systems in Missouri. The bill specifically repeals existing sections 105.687 and 105.688 and replaces them with new provisions that establish clearer guidelines for investment fiduciaries. The central tenet of the bill is the emphasis on investment fiduciaries acting solely in the financial interests of system participants and beneficiaries, thereby narrowing the scope of considerations that fiduciaries can take into account when making investment decisions.

Sentiment

The sentiment surrounding SB 436 appears to be polarized. Supporters argue that the bill prioritizes the financial integrity of public funds, ensuring that retirement benefits are safeguarded and optimally managed for constituents. On the other hand, opponents contend that the bill undermines the ability of fiduciaries to consider important social issues that could impact long-term financial outcomes, such as climate change and corporate governance standards. This divide reflects a broader debate over the balance between financial prudence and social responsibility in investment practices.

Contention

Notable points of contention in discussions around SB 436 include the exclusion of environmental and social factors from the investment decision-making process. Opponents of the bill express concerns that such limitations will prevent fiduciaries from engaging with companies on issues like greenhouse gas emissions and diversity initiatives. The bill's strict stance against considering non-financial factors is viewed by critics as an obstacle to fostering socially responsible investment practices, which could ultimately have negative implications for the sustainability of investment portfolios over time.

Companion Bills

No companion bills found.

Similar Bills

CA SB1024

Replacement of an incapacitated or deceased professional fiduciary.

NJ S119

Clarifies procedures for resignation, removal, and succession of fiduciaries.

NJ S2040

Clarifies procedures for resignation, removal, and succession of fiduciaries.

KS HB2235

Updating provisions of the technology-enabled fiduciary financial institutions (TEFFI) act by making the act part of the state banking code, adjusting and providing certain definitions, reducing the TEFFI charter application fee, authorizing the issuance of certificates and trust certificates, providing for the supervision of TEFFIs by the state bank commissioner and including Kansas nonprofit corporations as qualified charities for the TEFFI income tax credit.

CA SB522

Uniform Fiduciary Income and Principal Act.

CA SB1159

Uniform Fiduciary Income and Principal Act.

IL SB2282

FIDUCIARY OVERSIGHT ACT

VA HB370

Uniform Fiduciary Income and Principal Act; replaces prior Act.