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