Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 13. (a) As used in this chapter, "scrutinized company" means a company that meets any of the following criteria: (1) Both of the following apply to the company: (A) The company has business operations that involve contracts with or the provision of supplies or services to: (…

Sec. 14. (a) As used in this chapter, "social development company" means a company that is: (1) licensed by the United States Department of Treasury under the Federal Trade Sanction Reform and Export Enhancement Act of 2000 (P.L. 106-387); or (2) lawfully operating under the laws…

Sec. 15. As used in this chapter, "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. As added by P.L.67-2009, SEC.1.

Sec. 16. As used in this chapter, "substantial action" means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within one (1) year and to refrain from any new business operations. As added by P.L.67-2009, SEC.1.

Sec. 16.5. As used in this chapter, "system" refers to the Indiana public retirement system established by IC 5-10.5-2-1. As added by P.L.35-2012, SEC.69.

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. (b) In carrying out its responsibilities under subsection (a), the board may use existing research or contra…

Sec. 18. After the board creates or updates the scrutinized company list under section 17 of this chapter, the board shall immediately identify the companies on the scrutinized company list in which a fund has direct or indirect holdings. As added by P.L.67-2009, SEC.1. Amended b…

Sec. 19. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 18 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has only inactive business operations; a written notice c…

Sec. 2. As used in this chapter, "active business operations" means all business operations that are not inactive business operations. As added by P.L.67-2009, SEC.1.

Sec. 20. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 18 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has active business operations; a written notice concerni…

Sec. 21. (a) If, within one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to a company under section 20 of this chapter, the company ceases scrutinized business operations, the company shall be removed from a fund's scrutini…

Sec. 22. (a) Except as provided in sections 24 and 25 of this chapter, if a company continues to have scrutinized active business operations one hundred eighty (180) days after a fund (before July 1, 2011) or the system first sends written notice to the company under section 20 o…

Sec. 23. Except as provided in sections 24 and 25 of this chapter: (1) before July 1, 2011, a fund shall not acquire; and (2) after June 30, 2011, the system shall not acquire for a fund; securities of companies on the scrutinized company list that have active business operations…

Sec. 24. If the government of the United States declares that a company on the scrutinized company list with active business operations in a state sponsor of terror is excluded from any federal sanctions relating to a state sponsor of terror, the company is not subject to divestm…

Sec. 25. Notwithstanding any provision to the contrary, sections 22 and 23 of this chapter do not apply to indirect holdings in a private market fund that includes a scrutinized company with active business operations in a state sponsor of terror. As added by P.L.67-2009, SEC.1.

Sec. 25.5. Notwithstanding any provision to the contrary, sections 22 and 23 of this chapter do not apply to indirect holdings in actively managed investment funds. However, if a fund has indirect holdings in actively managed investment funds containing the securities of scrutini…

Sec. 26. (a) On or before November 1, 2010, and thereafter as directed by the legislative council, the board shall submit a report in an electronic format under IC 5-14-6 to the legislative council. Notwithstanding IC 5-14-6-4(b)(2), the submission of a report under this subsecti…

Sec. 27. The provisions of this chapter regarding any country determined to be a state sponsor of terror cease to apply to that country on the earlier of the following: (1) The date the Secretary of State of the United States removes the country from its official list of state sp…

Sec. 28. With respect to actions taken in compliance with this chapter, including all good faith determinations regarding companies on the scrutinized company list, a fund (before July 1, 2011) or the system is exempt from any conflicting statutory or common law obligations, incl…

Sec. 29. (a) Both: (1) the state and its officers, agents, and employees; and (2) each fund (before July 1, 2011) or the system and its board members, executive director, officers, agents, and employees; are immune from civil liability for any act or omission related to the remov…

Sec. 3. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. As added by P.L.67-2009, SEC.1. Amended by P.L.23-2011, SEC.12.

Sec. 30. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b). As added by P.L.67-2009, SEC.1.

Sec. 4. As used in this chapter, "business operations" means engaging in any commerce in any form in a state that sponsors terror. As added by P.L.67-2009, SEC.1.

Sec. 5. (a) As used in this chapter, "company" means any of the following: (1) A sole proprietorship. (2) An organization. (3) An association. (4) A corporation. (5) A partnership. (6) A joint venture. (7) A limited partnership. (8) A limited liability partnership. (9) A limited …

Sec. 6. As used in this chapter, "cost of divestment" means the sum of the following: (1) The costs associated with the sale, redemption, divestment, or withdrawal of an investment. (2) The costs associated with the acquisition and maintenance of a replacement investment. (3) A c…

Sec. 7. As used in this chapter, "direct holdings" means all securities of a company held directly by a fund (before July 1, 2011) or the system on behalf of a fund or in an account in which the fund (before July 1, 2011) or the system on behalf of the fund owns all shares or int…

Sec. 8. As used in this chapter, "fund" refers to the following: (1) The Indiana state teachers' retirement fund. (2) The public employees' retirement fund. As added by P.L.67-2009, SEC.1.

Sec. 9. As used in this chapter, "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. As added by P.L.67-2009, SEC.1.

Sec. 1. Purpose of Codification. This article is intended to be a codification and restatement of applicable or corresponding provisions in prior law. A citation to prior law in the Indiana Code shall be construed as a citation to the appropriate provision of this article if the …

Sec. 2. Headings. The headings prefixed to sections of this article are included for organizational purposes and do not affect the meaning, application, or construction of the sections. As added by Acts 1977, P.L.53, SEC.3.