Wyoming 2025 Regular Session

Wyoming Senate Bill SF0191 Compare Versions

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1-ORIGINAL SENATE ENGROSSED
2-FILE NO. SF0191
3-ENROLLED ACT NO. 96, SENATE
4-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5-2025 GENERAL SESSION
6-1
7-AN ACT relating to state funds; requiring the state
8-treasurer and the Wyoming retirement board to provide for
9-proxy voting associated with the investment of state funds;
10-specifying investment criteria to ensure investments are
11-made only on pecuniary factors; providing definitions;
12-authorizing contracts and the use of investment earnings;
13-making conforming amendments; specifying applicability;
14-authorizing full‑time positions; and providing for an
15-effective date.
16-Be It Enacted by the Legislature of the State of Wyoming:
17-Section 1. W.S. 9-4-722 is created to read:
18-9-4-722. Investment of state funds; proxy voting
19-requirements.
20-(a) As used in this section, "investment entity"
21-means the state treasurer and the Wyoming retirement board.
22-(b) The following shall apply to the investment of
23-funds made by each investment entity:
24-(i) All investments shall be made through the
25-exercise of judgment and care of a prudent investor in
26-accordance with W.S. 9-3-408(b) and 9-4-715(d)(i);
27-(ii) Each investment entity shall solely act in
28-the financial interest of beneficiaries when evaluating
29-managers, vendors, asset allocations and investment
30-potential in order to obtain the highest total return on a
31-risk-adjusted basis while adhering to all applicable laws; ORIGINAL SENATE ENGROSSED
32-FILE NO. SF0191
33-ENROLLED ACT NO. 96, SENATE
34-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
35-2025 GENERAL SESSION
36-2(iii) Fiduciary decisions made by each
37-investment entity shall be based only on pecuniary factors.
38-For purposes of this paragraph, "pecuniary factors":
39-(A) Are factors that have been prudently
40-determined and are expected to have a positive effect on
41-the risk-adjusted return of investments, based on
42-appropriate investment horizons consistent with the
43-objectives of the applicable funds and investment policies
44-while adhering to compliance, statutory and regulatory
45-guidance;
46-(B) Do not include the furtherance of
47-environmental, social, governance, political or ideological
48-interests.
49-(iv) Nonpecuniary factors are those that do not
50-provide confidence in increased returns or lower risk and
51-shall be deemed causes for concern by each investment
52-entity. No investment entity shall act based on
53-nonpecuniary factors, as doing so may result in lower
54-returns, increased risk or less funding being available to
55-the state of Wyoming;
56-(v) All vendors of each investment entity shall
57-adhere to the laws of Wyoming and the United States. Each
58-contract that an investment entity enters into with a
59-vendor shall require the vendor to acknowledge the
60-requirements of this paragraph;
61-(vi) Each investment entity shall respond in
62-writing after final determination to an investment partner,
63-manager or vendor that acts based on nonpecuniary factors
64-because that may result in a potential detrimental outcome ORIGINAL SENATE ENGROSSED
65-FILE NO. SF0191
66-ENROLLED ACT NO. 96, SENATE
67-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
68-2025 GENERAL SESSION
1+2025
2+STATE OF WYOMING
3+25LSO-07161SF0191
4+SENATE FILE NO. SF0191
5+State funds-proxy voting and pecuniary investments.
6+Sponsored by: Senator(s) Biteman, Barlow, French, Ide,
7+Laursen, D, McKeown, Nethercott, Salazar and
8+Smith, D
9+A BILL
10+for
11+1 AN ACT relating to state funds; requiring the state
12+2 treasurer and the Wyoming retirement board to provide for
13+3 proxy voting associated with the investment of state funds;
14+4 specifying investment criteria to ensure investments are
15+5 made only on pecuniary factors; providing definitions;
16+6 authorizing contracts and the use of investment earnings;
17+7 making conforming amendments; specifying applicability; and
18+8 providing for an effective date.
19+9
20+10
21+11
22+12. W.S. 9-4-722 is created to read:
23+13
24+14
25+15 2025STATE OF WYOMING25LSO-07162SF01911
26+2 (a) As used in this section, "investment entity"
27+3 means the state treasurer and the Wyoming retirement board.
28+4
29+5 (b) The following shall apply to the investment of
30+6 funds made by each investment entity:
31+7
32+8 (i) All investments shall be made through the
33+9 exercise of judgment and care of a prudent investor in
34+10 accordance with W.S. 9-3-408(b) and 9-4-715(d)(i);
35+11
36+12 (ii) Each investment entity shall act in the
37+13 best financial interest of beneficiaries when evaluating
38+14 managers, vendors, asset allocations and investment
39+15 potential in order to obtain the highest total return on a
40+16 risk-adjusted basis while adhering to all applicable laws;
41+17
42+18 (iii) Fiduciary decisions made by each
43+19 investment entity shall be based only on pecuniary factors.
44+20 For purposes of this paragraph, "pecuniary factors":
45+21
46+22 (A) Are factors that have been prudently
47+23 determined and are expected to have a positive effect on 2025STATE OF WYOMING25LSO-07163SF0191
48+1 the risk-adjusted return of investments, based on
49+2 appropriate investment horizons consistent with the
50+3 objectives of the applicable funds and investment policies
51+4 while adhering to compliance, statutory and regulatory
52+5 guidance;
53+6
54+7 (B) Do not include the furtherance of
55+8 environmental, social, governance, political or ideological
56+9 interests. Ideological interests include those that have
57+10 crippled, corrupted, disadvantaged, subverted, damaged or
58+11 otherwise harmed the citizens, children, industry and
59+12 financial well-being of Wyoming and America.
60+13
61+14 (iv) Nonpecuniary factors are those that do not
62+15 provide confidence in increased returns or lower risk and
63+16 shall be deemed causes for concern by each investment
64+17 entity. Each investment entity shall avoid nonpecuniary
65+18 diversions from fiduciary responsibilities that may result
66+19 in lower returns, increased risk and less funding being
67+20 available to the state of Wyoming;
68+21
69+22 (v) All vendors of each investment entity shall
70+23 adhere to the laws of Wyoming and the United States. Each 2025STATE OF WYOMING25LSO-07164SF0191
71+1 contract that an investment entity enters into with a
72+2 vendor shall require the vendor to acknowledge the
73+3 requirements of this paragraph;
74+4
75+5 (vi) Each investment entity shall respond to an
76+6 investment partner, manager or vendor that acts in a
77+7 nonpecuniary manner that may result in a potential
78+8 detrimental outcome to the highest total return on a
79+9 risk-adjusted basis or a loss to the state's revenue;
80+10
81+11 (vii) In addition to providing a response under
82+12 paragraph (vi) of this subsection, each investment entity
83+13 may take any of the following actions necessary to insure
84+14 that all fiduciary decisions are based on pecuniary
85+15 factors:
86+16
87+17 (A) Requesting that the investment partner,
88+18 manager or vendor change policies to ensure that
89+19 investments are made based only on pecuniary factors;
90+20
91+21 (B) Voting of proxies to force change;
92+22 2025STATE OF WYOMING25LSO-07165SF01911 (C) Divesting or replacing investments with
93+2 competitive alternatives.
6994 3
70-to the highest total return on a risk-adjusted basis or a
71-loss to the state's revenue;
72-(vii) In addition to providing a response under
73-paragraph (vi) of this subsection, each investment entity
74-may take any of the following actions necessary to ensure
75-that all fiduciary decisions are based on pecuniary
76-factors:
77-(A) Requesting that the investment partner,
78-manager or vendor change policies to ensure that
79-investments are made based only on pecuniary factors;
80-(B) Voting of proxies to force change;
81-(C) Divesting or replacing investments,
82-investment partners, managers or vendors with competitive
83-alternatives.
84-(viii) Each investment partner, vendor and
85-manager selected and utilized by each investment entity
86-shall adhere to the standard of care of being a fiduciary,
87-including the same obligations as investment entities under
88-paragraph (ii) of this subsection, and comply with all
89-requirements of the investment policy statements adopted by
90-the board under W.S. 9-4-716.
91-(c) Each investment entity shall provide management
92-oversight for the voting of proxies for all investments
93-made by the investment entity. Proxy votes shall be made in
94-a way that is consistent with the investment policy
95-statements adopted by the board under W.S. 9-4-716 and in
96-accordance with the pecuniary interests of Wyoming's
97-investments and the state's financial interests. ORIGINAL SENATE ENGROSSED
98-FILE NO. SF0191
99-ENROLLED ACT NO. 96, SENATE
100-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
101-2025 GENERAL SESSION
102-4(d) Each investment entity may hire a proxy manager
103-to implement this section. The investment entity shall
104-oversee the proxy manager selected under this subsection.
105-Each proxy manager shall report to the investment entity
106-not less than semiannually of the proxy manager's
107-activities.
108-(e) Each external investment manager selected by an
109-investment entity shall attest in writing not less than one
110-(1) time each year that the manager has adhered to the
111-requirements of this section.
112-(f) Each investment entity may use not more than one
113-(1) basis point of assets under management from annual
114-investment returns, with each invested fund's share
115-calculated in proportion to the magnitude of each fund
116-invested, for purposes of implementing the requirements of
117-this section. Funds authorized under this subsection are
118-continuously appropriated to the investment entity for use
119-as authorized by this subsection.
120-(g) Subject to state and federal law, the state
121-treasurer shall make available for public inspection and
122-download from the state treasurer's official website
123-information on all proxy votes regarding investments cast
124-on behalf of the state. The information shall include, at
125-minimum, the date of each vote, a description of the matter
126-being voted on and an explanation of the vote taken.
127-Information published on the official website under this
128-subsection shall be maintained on the state treasurer's
129-website for not less than five (5) years.
130-Section 2. W.S. 9-3-405(a)(v), 9-3-408(b),
131-9-3-436(a), 9-3-440(a)(intro) and (b), 9-4-714(a)(viii), ORIGINAL SENATE ENGROSSED
132-FILE NO. SF0191
133-ENROLLED ACT NO. 96, SENATE
134-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
135-2025 GENERAL SESSION
95+4 (viii) Each investment partner, vendor and
96+5 manager selected and utilized by each investment entity
97+6 shall adhere to the standard of care of being a fiduciary
98+7 and comply with all requirements of the investment policy
99+8 statements adopted by the board under W.S. 9-4-716.
100+9
101+10 (c) Each investment entity shall provide management
102+11 oversight for the voting of proxies for all investments
103+12 made by the investment entity. Proxy votes shall be made in
104+13 a way that is consistent with the investment policy
105+14 statements adopted by the board under W.S. 9-4-716 and in
106+15 accordance with the pecuniary interests of Wyoming's
107+16 investments and the state's financial interests.
108+17
109+18 (d) Each investment entity may hire a proxy manager
110+19 to implement this section. The investment entity shall
111+20 oversee the proxy manager selected under this subsection.
112+21 Each proxy manager shall report to the investment entity
113+22 not less than semiannually of the proxy manager's
114+23 activities. 2025STATE OF WYOMING25LSO-07166SF01911
115+2 (e) Each external investment manager selected by an
116+3 investment entity shall attest in writing not less than one
117+4 (1) time each year that the manager has adhered to the
118+5 requirements of this section.
119+6
120+7 (f) Each investment entity may use not more than one
121+8 (1) basis point from annual investment returns, with each
122+9 invested fund's share calculated in proportion to the
123+10 magnitude of each fund invested, for purposes of
124+11 implementing the requirements of this section. Funds
125+12 authorized under this subsection are continuously
126+13 appropriated to the investment entity for use as authorized
127+14 by this subsection.
128+15
129+16W.S. 9-3-405(a)(v), 9-3-408(b),
130+17 9-3-436(a), 9-3-440(a)(intro) and (b), 9-4-714(a)(viii),
131+18 9-4-715(a)(intro) and (b) and 9-4-716(a) by creating new
132+19 paragraphs (iii) and (iv) are amended to read:
133+20
134+21
135+22 2025STATE OF WYOMING25LSO-07167SF01911 (a) In addition to any other duties prescribed by
136+2 law, the board shall:
137+3
138+4 (v) Serve as investment trustee of the funds of
139+5 the system. In serving as investment trustee under this
140+6
141+7;
142+8
143+9
144+10
145+11
146+12 (b) The board, or its designee, which shall be
147+13 registered under the Investment Advisor's Act of 1940 as
148+14 amended, or any bank as defined in that act, upon written
149+15 authority, shall invest monies in the retirement account,
150+16 which investments shall not be considered disbursements for
151+17 the purposes of W.S. 9-4-214 and subsection (a) of this
152+18 section. In investing and managing monies in the retirement
153+19 account ,
154+20 the board, or its designee, shall exercise the judgment and
155+21 care that a prudent investor would, in light of the
156+22 purposes, terms, distribution requirements and all other
157+23 circumstances surrounding the monies in the retirement 2025STATE OF WYOMING25LSO-07168SF0191
158+1 account, including risk and return objectives established
159+2 by the board which are reasonably suitable to the purpose
160+3 of the Wyoming retirement system.
161+4
136162 5
137-9-4-715(a)(intro) and (b) and 9-4-716(a) by creating new
138-paragraphs (iii) and (iv) are amended to read:
139-9-3-405. Retirement board duties and powers.
140-(a) In addition to any other duties prescribed by
141-law, the board shall:
142-(v) Serve as investment trustee of the funds of
143-the system. In serving as investment trustee under this
144-paragraph, the board shall comply with the requirements of
145-W.S. 9-4-722;
146-9-3-408. Designated custodian of retirement account;
147-disbursements; investment of account monies.
148-(b) The board, or its designee, which shall be
149-registered under the Investment Advisor's Act of 1940 as
150-amended, or any bank as defined in that act, upon written
151-authority, shall invest monies in the retirement account,
152-which investments shall not be considered disbursements for
153-the purposes of W.S. 9-4-214 and subsection (a) of this
154-section. In investing and managing monies in the retirement
155-account ,
156-the board, or its designee, shall exercise the judgment and
157-care that a prudent investor would, in light of the
158-purposes, terms, distribution requirements and all other
159-circumstances surrounding the monies in the retirement
160-account, including risk and return objectives established
161-by the board which are reasonably suitable to the purpose
162-of the Wyoming retirement system.
163-9-3-436. Establishment of trust. ORIGINAL SENATE ENGROSSED
164-FILE NO. SF0191
165-ENROLLED ACT NO. 96, SENATE
166-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
167-2025 GENERAL SESSION
168-6(a) Except as otherwise provided in subsection (b) of
169-this section, all assets of a retirement system are held in
170-trust for the exclusive benefit of the members, retirees
171-and beneficiaries of the system, including reasonable
172-administrative expenses. The trustee has the exclusive
173-authority, subject to this act, to invest and manage those
174-assets.
175-9-3-440. Duties of trustee in investing and managing
176-assets of retirement system.
177-(a) In investing and managing assets of a retirement
178-system pursuant to W.S. 9-3-439
179-9-4-722, a trustee with authority to invest and manage
180-assets:
181-(b) A trustee with authority to invest and manage
182-assets of a retirement system shall adopt a statement of
183-investment objectives and policies for each retirement
184-program or appropriate grouping of programs, subject to the
185-requirements of W.S. 9-4-722. The statement shall include
186-the desired rate of return on assets overall, the desired
187-rates of return and acceptable levels of risk for each
188-asset class, asset-allocation goals, guidelines for the
189-delegation of authority and information on the types of
190-reports to be used to evaluate investment performance. At
191-least annually, the trustee shall review the statement and
192-change or reaffirm it.
193-9-4-714. Definitions.
194-(a) As used in this act:
195-(viii) "This act" means W.S. 9-4-714 through
196-9-4-721 9-4-722. ORIGINAL SENATE ENGROSSED
197-FILE NO. SF0191
198-ENROLLED ACT NO. 96, SENATE
199-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
200-2025 GENERAL SESSION
163+6
164+7 (a) Except as otherwise provided in subsection (b) of
165+8 this section, all assets of a retirement system are held in
166+9 trust for the exclusive benefit of the members, retirees
167+10 and beneficiaries of the system, including reasonable
168+11 administrative expenses. The trustee has the exclusive
169+12 authority, subject to this act, to invest and manage those
170+13 assets, subject to the requirements of W.S. 9-4-722.
171+14
172+15
173+16
174+17
175+18 (a) In investing and managing assets of a retirement
176+19 system pursuant to W.S. 9-3-439
177+20, a trustee with authority to invest and manage
178+21 assets:
179+22 2025STATE OF WYOMING25LSO-07169SF01911 (b) A trustee with authority to invest and manage
180+2 assets of a retirement system shall adopt a statement of
181+3 investment objectives and policies for each retirement
182+4 program or appropriate grouping of programs, subject to the
183+5. The statement shall include
184+6 the desired rate of return on assets overall, the desired
185+7 rates of return and acceptable levels of risk for each
186+8 asset class, asset-allocation goals, guidelines for the
187+9 delegation of authority and information on the types of
188+10 reports to be used to evaluate investment performance. At
189+11 least annually, the trustee shall review the statement and
190+12 change or reaffirm it.
191+13
192+14
193+15
194+16 (a) As used in this act:
195+17
196+18 (viii) "This act" means W.S. 9-4-714 through
197+199-4-722
198+20
199+21
200+22 2025STATE OF WYOMING25LSO-071610SF01911 (a) The state treasurer, in consultation with the
201+2 investment funds committee, shall employ a designated chief
202+3 investment officer who shall have minimum qualifications
203+4 including at least ten (10) years of experience managing
204+5 institutional investment portfolios of in excess of five
205+6 hundred million dollars ($500,000,000.00), experience with
206+7 hiring and managing internal and external investment
207+8 managers and extensive experience in any two (2) or more of
208+9 the following areas: domestic equity, fixed income
209+10 securities, international equity or alternative
210+11 investments. The designated chief investment officer shall
211+12 provide the state treasurer with information and
212+13 recommendations regarding the investment of state funds and
213+14 additional information as requested by the state treasurer.
214+15
215+16
216+17 The state treasurer shall compile an annual report
217+18 which shall include investment, income, individual and
218+19 aggregate gains and losses by fund and the extent to which
219+20 the state investment policy is being implemented. Subject
220+21 to requirements of subsection (c) of this section, state
221+22 funds may be invested in any investment:
222+23 2025STATE OF WYOMING25LSO-071611SF01911 (b) The state treasurer, or his designee, which shall
223+2 be registered under the Investment Advisor's Act of 1940 as
224+3 amended if required to be registered by the terms of that
225+4 act as amended, may invest the permanent funds in equities,
226+5 including stocks of corporations in accordance with
227+6 subsections (a) through (e) of this section,
228+7 9-4-716 . The state treasurer shall report at
229+8 least annually to the select committee on capital financing
230+9 and investments, the joint appropriations committee and the
231+10 investment funds committee on the analysis conducted
232+11 pursuant to paragraph (d)(ii) of this section and W.S.
233+12 9-4-716(b)(ix) and (e).
234+13
235+14
236+15
237+16
238+17 (a) The board, in consultation with the investment
239+18 funds committee, shall adopt investment policy statements
240+19 for state funds and shall review those policy statements at
241+20 least annually. These policy statements shall be subject to
242+21 the following:
243+22 2025STATE OF WYOMING25LSO-071612SF01911
244+2
245+3
246+4
247+5
248+6
201249 7
202-9-4-715. Permissible investments.
203-(a) The state treasurer, in consultation with the
204-investment funds committee, shall employ a designated chief
205-investment officer who shall have minimum qualifications
206-including at least ten (10) years of experience managing
207-institutional investment portfolios of in excess of five
208-hundred million dollars ($500,000,000.00), experience with
209-hiring and managing internal and external investment
210-managers and extensive experience in any two (2) or more of
211-the following areas: domestic equity, fixed income
212-securities, international equity or alternative
213-investments. The designated chief investment officer shall
214-provide the state treasurer with information and
215-recommendations regarding the investment of state funds and
216-additional information as requested by the state treasurer.
217-The state treasurer shall vote the shares of investments of
218-state funds or use proxy voting in accordance with W.S.
219-9-4-722. The state treasurer shall compile an annual report
220-which shall include investment, income, individual and
221-aggregate gains and losses by fund and the extent to which
222-the state investment policy is being implemented. Subject
223-to requirements of subsection (c) of this section, state
224-funds may be invested in any investment:
225-(b) The state treasurer, or his designee, which shall
226-be registered under the Investment Act
227-of 1940 as amended if required to be registered by the
228-terms of that act as amended, may invest the permanent
229-funds in equities, including stocks of corporations in
230-accordance with subsections (a) through (e) of this
231-section, . The state treasurer
232-shall report at least annually to the select committee on
233-capital financing and investments, the joint appropriations ORIGINAL SENATE ENGROSSED
234-FILE NO. SF0191
235-ENROLLED ACT NO. 96, SENATE
236-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
237-2025 GENERAL SESSION
238250 8
239-committee and the investment funds committee on the
240-analysis conducted pursuant to paragraph (d)(ii) of this
241-section and W.S. 9-4-716(b)(ix) and (e).
242-9-4-716. State investment policy; investment
243-consultant.
244-(a) The board, in consultation with the investment
245-funds committee, shall adopt investment policy statements
246-for state funds and shall review those policy statements at
247-least annually. These policy statements shall be subject to
248-the following:
249-(iii) The state treasurer shall vote the shares
250-of investments of state funds or use proxy voting in
251-accordance with W.S. 9-4-722;
252-(iv) Investment policy statements shall include
253-the requirements for investments to be made based on only
254-pecuniary factors in accordance with W.S. 9-4-722.
255-Section 3. Nothing in this act shall be construed to
256-alter, amend or impair any contract entered into before the
257-effective date of this act.
258-Section 4.
259-(a) The state treasurer is authorized two (2)
260-full-time positions within the investments division for
261-purposes of this act and investing state funds.
262-(b) From special revenue authorized for expenditure
263-under W.S. 9-4-722(f), as created by this act, up to six
264-hundred fifty-two thousand nine hundred forty dollars
265-($652,940.00) is for the purposes of funding the positions ORIGINAL SENATE ENGROSSED
266-FILE NO. SF0191
267-ENROLLED ACT NO. 96, SENATE
268-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
269-2025 GENERAL SESSION
270-9
271-created by subsection (a) of this section for the period
272-beginning July 1, 2025 and ending June 30, 2026. It is the
273-intent of the legislature that the positions authorized in
274-subsection (a) of this section be included in the standard
275-budget for the state treasurer for the immediately
276-succeeding fiscal biennium.
277-(c) If 2025 Senate File 0001 or 2025 House Bill 0001
278-is enacted into law, the special revenue authorized for
279-expenditure in subsection (b) of this section shall be
280-reduced by one dollar ($1.00) for every one dollar ($1.00)
281-in special revenue appropriated and one (1) full-time
282-position for every one (1) full-time employee position
283-authorized in the investment division of the state
284-treasurer's office in 2025 Senate File 0001 or 2025 House
285-Bill 0001, as enacted into law. ORIGINAL SENATE ENGROSSED
286-FILE NO. SF0191
287-ENROLLED ACT NO. 96, SENATE
288-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
289-2025 GENERAL SESSION
290-10Section 5. This act is effective July 1, 2025.
291-(END)
292-Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
293-I hereby certify that this act originated in the Senate.
294-Chief Clerk
251+9. Nothing in this act shall be construed to
252+10 alter, amend or impair any contract entered into before the
253+11 effective date of this act.
254+12
255+13. This act is effective July 1, 2025
256+14
257+15 (END)