Senate Bill sb2250

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    Florida Senate - 2007                                  SB 2250

    By Senator Ring





    32-1356-07

  1                      A bill to be entitled

  2         An act relating to economic sanctions regarding

  3         Iran; providing definitions; prohibiting the

  4         investment of assets of any pension or annuity

  5         fund under the jurisdiction of the State Board

  6         of Administration in any company that has an

  7         equity tie to or is engaged in business with

  8         Iran's energy sector; providing that such

  9         prohibition does not apply to the activities of

10         any company providing humanitarian aid to the

11         people of Iran through certain organizations;

12         requiring the board to consult with an

13         independent research firm that specializes in

14         global security risk; requiring the board to

15         sell, redeem, divest, or withdraw any

16         investments in any company subject to the

17         investment prohibition before a specified

18         deadline; requiring the board to file reports

19         containing certain information prior to

20         specified deadlines; providing an effective

21         date.

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23         WHEREAS, Iran is a leading sponsor of international

24  terrorism, and

25         WHEREAS, United Nations Security Council Resolution

26  1737 imposes sanctions on Iran for its failure to suspend its

27  uranium-enrichment activities, and

28         WHEREAS, foreign entities have invested in Iran's

29  energy sector despite Iran's support of international

30  terrorism and clandestine nuclear program, affording Iran a

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    Florida Senate - 2007                                  SB 2250
    32-1356-07




 1  free pass while many United States entities have unknowingly

 2  invested in those same foreign entities, and

 3         WHEREAS, all United States and foreign entities that

 4  have invested more than $20 million in Iran's energy sector

 5  since August 5, 1996, are subject to sanctions under United

 6  States law pursuant to the Iran Libya Sanctions Act of 1996,

 7  and

 8         WHEREAS, investors from Florida can have considerable

 9  influence over the commercial decisions of the foreign

10  entities in which they invest, and

11         WHEREAS, support for terrorism and the acquisition of

12  weapons of mass destruction represent a grave threat to the

13  security of the United States and to the residents of the

14  State of Florida, and

15         WHEREAS, the State of Florida is deeply concerned about

16  investments in publicly traded companies that have business

17  activities in and ties to Iran's energy sector as a global

18  security and financial risk to the shareholders, and

19         WHEREAS, the Securities and Exchange Commission

20  determined that companies having business operations in

21  terrorist-sponsoring states are exposed to a special risk

22  category known as "global security risk," which is the risk to

23  stock value and corporate reputation stemming from the

24  intersection of a publicly traded company's international

25  business activities and security-related concerns, such as

26  terrorism and weapons proliferation, and

27         WHEREAS, by investing in publicly traded companies

28  having ties to Iran's energy sector, the Florida State Board

29  of Administration is putting the pensions of its current and

30  former public employees at risk, and

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    Florida Senate - 2007                                  SB 2250
    32-1356-07




 1         WHEREAS, to protect Florida's public assets, it is in

 2  the best interest of the state to enact a statutory

 3  prohibition regarding the investment of public employee

 4  retirement funds in companies doing business in or with Iran's

 5  energy sector, NOW, THEREFORE,

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Prohibited investments.--

10         (1)  DEFINITIONS.--As used in this section, the term:

11         (a)  "Company" means any entity having business ties of

12  any nature, scope, and type affecting commerce, including, but

13  not limited to, a government, government agency, corporation,

14  firm, subsidiary, financial institution, provider of financial

15  services, joint venture, trade association, or affiliate.

16         (b)  "Equity tie" means facilities, plants, employees,

17  or advisors, or an investment, fiduciary, monetary, or

18  physical presence of any kind.

19         (c)  "Humanitarian aid" means the provision of goods

20  and services intended to relieve human suffering due to

21  natural disasters, war, or civil unrest.

22         (2)  PROHIBITION OF INVESTMENT.--

23         (a)  Notwithstanding any provision of law to the

24  contrary, assets of any pension or annuity fund under the

25  jurisdiction of the executive director or the Board of

26  Trustees of the State Board of Administration may not be

27  invested in any company that has an equity tie to or is

28  engaged in business with Iran's energy sector.

29         (b)  This prohibition does not apply to the activities

30  of any company providing humanitarian aid to the people of

31  Iran through a governmental or nongovernmental organization.

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    Florida Senate - 2007                                  SB 2250
    32-1356-07




 1         (3)  EXECUTION AND REPORTING.--

 2         (a)  The executive director and Board of Trustees of

 3  the State Board of Administration, after reviewing the

 4  recommendations of and consulting with an independent research

 5  firm that specializes in global security risk, shall take

 6  appropriate action to sell, redeem, divest, or withdraw any

 7  investments held in violation of this act. Such sale,

 8  redemption, divestment, or withdrawal must be completed no

 9  later than 1 year following the effective date of this act.

10         (b)  Within 60 days after the effective date of this

11  act, the executive director of the State Board of

12  Administration shall file with the President of the Senate and

13  the Speaker of the House of Representatives a report of all

14  investments held as of the effective date which are in

15  violation of this act. One year after the effective date of

16  this act, the executive director shall file with the President

17  of the Senate and the Speaker of the House of Representatives

18  a report verifying the completion of all sales, redemptions,

19  divestments, or withdrawals of such investments in compliance

20  with this act.

21         Section 2.  This act shall take effect upon becoming a

22  law.

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    Florida Senate - 2007                                  SB 2250
    32-1356-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Prohibits the investment of assets of any pension or
      annuity fund under the jurisdiction of the State Board of
 4    Administration in any company that has an equity tie to
      or is engaged in business with Iran's energy sector.
 5    Provides that such prohibition does not apply to the
      activities of any company providing humanitarian aid to
 6    the people of Iran through certain organizations.
      Requires the board to consult with an independent
 7    research firm that specializes in global security risk.
      Requires the board to sell, redeem, divest, or withdraw
 8    any investments in any company subject to the investment
      prohibition before a specified deadline. Requires the
 9    board to file reports containing certain information
      prior to specified deadlines.
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