Sec. 1. The general assembly finds the following:

(1) Mandatory divestment by the system of the system’s holdings in certain companies is a measure that should be employed only under extraordinary circumstances.

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Terms Used In Indiana Code 5-10.2-11-1

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • system: refers to the Indiana public retirement system established by Indiana Code 5-10.2-11-11
  • 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
(2) The Jewish state of Israel is the only democracy in the Middle East.

(3) By virtue of shared values and interests, the Jewish state of Israel is the strongest ally of the United States in the Middle East.

(4) The fundamental principles of the United States are offended by attempts to:

(A) delegitimize Israel’s existence;

(B) demonize the Jewish state; or

(C) undermine the Jewish people’s right to self determination;

through an international campaign to boycott, divest from, or sanction Israel.

(5) Efforts to promote an international campaign to boycott, divest from, or sanction Israel:

(A) increasingly occur on college and university campuses nationwide, leading to a climate of intimidation, fear, and violence on campuses in Indiana;

(B) disproportionately harm thousands of Palestinian workers employed by Israeli owned firms; and

(C) are antithetical and deeply damaging to the cause of peace, justice, equality, democracy, and human rights for all people in the Middle East.

(6) The federal Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L.114-26, Sections 102(b)(20) and 103(b)) specifies principal negotiating objectives regarding commercial partnerships of the United States in negotiation of a transatlantic trade and investment partnership agreement, as follows:

(A) To discourage actions by potential trading partners that prejudice or discourage commercial activity solely between the United States and Israel.

(B) To discourage politically motivated actions to boycott, divest from, or sanction Israel.

(C) To seek elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on the Jewish state of Israel.

(D) To seek elimination of state sponsored unsanctioned foreign actions to boycott, divest from, or sanction Israel or compliance with the Arab League boycott of Israel by prospective trading partners.

(As used in this subdivision, “actions to boycott, divest from, or sanction Israel” has the meaning set forth in P.L.114-26, Section 102(b)(20)(B).)

(7) The situation with respect to promotion of activities to boycott, divest from, or sanction Israel is unique and constitutes the extraordinary circumstances necessary for mandatory divestment by the system of the system’s holdings in restricted businesses.

As added by P.L.177-2016, SEC.1.