Florida Senate - 2016 SB 1428
By Senator Simmons
10-01338-16 20161428__
1 A bill to be entitled
2 An act relating to state investments; creating s.
3 215.4702, F.S.; defining terms; encouraging the State
4 Board of Administration to determine which publicly
5 traded companies in which the Florida Retirement
6 System Trust Fund is invested operate in Northern
7 Ireland; encouraging the state board to take certain
8 action upon making a determination; authorizing the
9 state board to rely on public information in making a
10 determination; providing that the state board is not
11 liable or subject to a cause of action under the act;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 215.4702, Florida Statutes, is created
17 to read:
18 215.4702 Investments in publicly traded companies operating
19 in Northern Ireland.—
20 (1) As used in this section, the term:
21 (a) “MacBride Principles” means the objectives for
22 companies operating in Northern Ireland to:
23 1. Increase the representation of individuals from
24 underrepresented religious groups in the workforce, including
25 managerial, supervisory, administrative, clerical, and technical
26 jobs.
27 2. Provide adequate security for the protection of minority
28 employees both at the workplace and while traveling to and from
29 work.
30 3. Ban provocative religious or political emblems from the
31 workplace.
32 4. Publicly advertise all job openings and make special
33 recruitment efforts to attract applicants from underrepresented
34 religious groups.
35 5. Provide that layoff, recall, and termination procedures
36 should not in practice favor particular religious groups.
37 6. Abolish job reservations, apprenticeship restrictions,
38 and differential employment criteria that discriminate on the
39 basis of religion or ethnic origin.
40 7. Develop training programs that will prepare substantial
41 numbers of current minority employees for skilled jobs,
42 including the expansion of existing programs and the creation of
43 new programs to train, upgrade, and improve the skills of
44 minority employees.
45 8. Establish procedures to assess, identify, and actively
46 recruit minority employees with potential for further
47 advancement.
48 9. Appoint senior management staff members to oversee
49 affirmative action efforts and to set up timetables to carry out
50 affirmative action principles.
51 (b) “Operating” means actively engaging in commerce
52 geographically in Northern Ireland through the acquisition,
53 development, maintenance, ownership, sale, possession, lease, or
54 operation of equipment, facilities, personnel, products,
55 services, or personal property.
56 (c) “Publicly traded company” means any business
57 organization having equity securities listed on a national or an
58 international exchange that is regulated by a national or an
59 international regulatory authority.
60 (d) “State board” means the State Board of Administration.
61 (2) The state board is encouraged to determine which
62 publicly traded companies in which the Florida Retirement System
63 Trust Fund is invested operate in Northern Ireland. If the state
64 board determines that a publicly traded company meets such
65 criteria, the state board is encouraged to:
66 (a) Notify the publicly traded company that the state board
67 supports the MacBride Principles;
68 (b) Inquire regarding the actions that the publicly traded
69 company has taken in support of or furtherance of the MacBride
70 Principles;
71 (c) Encourage a publicly traded company that has not
72 adopted the MacBride Principles to make all lawful efforts to
73 implement the fair employment practices embodied in the MacBride
74 Principles; and
75 (d) Support the adoption of the MacBride Principles in
76 exercising its proxy voting authority. For these purposes, the
77 state board may not be a fiduciary under this section in
78 exercising its proxy voting authority.
79 (3) In making the determination specified in subsection
80 (2), the state board may, to the extent it deems appropriate,
81 rely on available public information, including information
82 provided by nonprofit organizations, research firms,
83 international organizations, and government entities.
84 (4) The state board may not be held liable for, and a cause
85 of action does not arise from, any action or inaction by the
86 state board in the administration of this section.
87 Section 2. This act shall take effect July 1, 2016.