2025 STATE OF WYOMING 25LSO-07731 SJ0011 SENATE JOINT RESOLUTION NO. SJ0011 Supporting anti-ESG litigation. Sponsored by: Senator(s) Biteman, Barlow, French, Ide, Laursen, D, McKeown, Nethercott, Salazar and Smith, D A JOINT RESOLUTION for 1 A JOINT RESOLUTION requesting the state and the Wyoming 2 attorney general to utilize all legal tools available to 3 protect the investment of Wyoming's funds and Wyoming's 4 industries and policies. 5 6 WHEREAS, the prudent investor rule, which Wyoming and other 7 states have adopted, require investors to invest and manage 8 assets as a prudent investor would through the exercise of 9 reasonable care, skill and caution; and 10 11 WHEREAS, the prudent investor rule generally requires 12 investors to make investment decisions based only on 13 pecuniary factors to ensure the highest possible risk- 14 adjusted total net return; and 2025STATE OF WYOMING25LSO-0773 SJ0011 2 1 2 WHEREAS, in recent years, many of the world's largest banks, 3 asset management companies and other financial institutions 4 have adopted an anti-free-market globalist ideology called 5 "stakeholder capitalism," which seeks to achieve a number of 6 environmental, social and societal governance policies 7 through the manipulation and control of the global economy; 8 and 9 10 WHEREAS, these companies have colluded to use their trillions 11 of dollars under their custody and control to make and attempt 12 to effectuate policy changes outside of the democratic 13 political process; and 14 15 WHEREAS, the collusion of these companies has had 16 considerable negative impacts on Wyoming's industries and has 17 made it difficult for the state of Wyoming to invest its funds 18 in a manner that supports the industries and policies of the 19 state; and 20 21 WHEREAS, in 2021 Wyoming Session Laws, Chapter 77, the 22 Legislature expanded the civil enforcement powers afforded to 2025STATE OF WYOMING25LSO-0773 SJ0011 3 1 the Wyoming attorney general to enforce and enjoin violations 2 of Wyoming's antitrust and unfair trade laws; and 3 4 WHEREAS, legal tools are available for the state to push back 5 against the collusion of banks, asset management companies 6 and other financial institutions and their investment 7 decisions that are made not on pecuniary principles and 8 factors, but on ideological and noneconomic criteria that 9 have no benefit for the state of Wyoming; and 10 11 WHEREAS, the state of Wyoming has joined the state of Texas 12 and nine (9) other states in an antitrust lawsuit against 13 three (3) large asset managers for allegedly colluding to 14 reduce coal output, thus reducing supply and artificially 15 raising prices of electricity, creating cartel-level profits 16 for themselves. 17 18 19 20 21 22 2025STATE OF WYOMING25LSO-0773 SJ0011 4 1 (a) That the legislature respectfully requests the 2 governor and the attorney general of Wyoming to: 3 4 (i) Continue to use all investigation and 5 litigation tools available under law to investigate and 6 prosecute banks, asset management companies and other 7 financial institutions for any illegal activity, including 8 colluding to implement the use of "stakeholder capitalism" or 9 any other ideological, nonpecuniary criteria in investment 10 decisions that negatively affect the children, citizens, 11 industry and financial well-being of Wyoming and the United 12 States, including the expanded civil enforcement powers now 13 available under Wyoming's consumer protection laws; 14 15 (ii) Seek, join and participate in the efforts of 16 other states that are investigating or litigating against 17 banks, asset management companies and other financial 18 institutions for their use of nonpecuniary factors in 19 investing public funds. 20 21 (b) That the legislature respectfully requests the state 22 treasurer to: 23 2025STATE OF WYOMING25LSO-0773 SJ0011 5 1 (i) Use the enormous purchasing power of Wyoming's 2 sovereign wealth funds to find and attract asset management 3 companies that only seek to maximize returns and shareholder 4 wealth rather than drive a political or ideological agenda; 5 6 (ii) Ensure that the voting of proxies for all of 7 the state's investments are done in accordance with the best 8 interests of Wyoming's financial interests and not being 9 voted by proxy service providers who are engaged in 10 nonpecuniary, collusive or antitrust behaviors. 11 12 That the Secretary of State of Wyoming 13 transmit copies of this resolution to the governor, the 14 secretary of state, the state auditor, the state treasurer, 15 the state superintendent of public instruction, the attorney 16 general of Wyoming and the attorney general of each state and 17 United States territory. 18 19 (END)