Sec. 17. (a) Not later than March 30, 2010, the board shall make a good faith effort to identify all scrutinized companies in which a fund has direct or indirect holdings.

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Terms Used In Indiana Code 5-10.2-10-17

  • board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 5-10.2-10-3
  • business operations: means engaging in any commerce in any form in a state that sponsors terror. See Indiana Code 5-10.2-10-4
  • company: means any of the following:

    Indiana Code 5-10.2-10-5

  • Contract: A legal written agreement that becomes binding when signed.
  • fund: refers to the following:

    Indiana Code 5-10.2-10-8

  • inactive business operations: means the mere continued holding or renewal of rights to property previously operated to generate revenues but not presently deployed for that purpose. See Indiana Code 5-10.2-10-9
  • indirect holdings: means all securities of a company that are:

    Indiana Code 5-10.2-10-10

  • scrutinized company: means a company that meets any of the following criteria:

    Indiana Code 5-10.2-10-13

  • state sponsor of terror: means a country determined by the Secretary of State of the United States to have repeatedly provided support for acts of international terrorism. See Indiana Code 5-10.2-10-15
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (b) In carrying out its responsibilities under subsection (a), the board may use existing research or contract with a research firm.

     (c) A board or a research firm with which the board contracts under subsection (b) may take any of the following actions:

(1) Review publicly available information regarding companies with business operations in states that sponsor terror.

(2) Contact other institutional investors that have divested from or invest in companies with business operations in states that sponsor terror.

(3) Contact asset managers that are contracted by the fund and that invest in companies with business operations in states that sponsor terror.

     (d) Not later than the first meeting of the board after March 30, 2010, the board shall compile the names of all scrutinized companies into a scrutinized company list and indicate whether each scrutinized company has active or inactive business operations in a state sponsor of terror.

     (e) The board shall update its scrutinized company list at least on an annual basis based on evolving information from sources described in subsections (b) and (c).

     (f) If the Secretary of State of the United States determines that a country is a state sponsor of terror after June 30, 2009, the board shall add any additional scrutinized company resulting from the Secretary of State’s determination when the board updates its scrutinized company list under subsection (e).

As added by P.L.67-2009, SEC.1. Amended by P.L.35-2012, SEC.70.

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