Sec. 0.3. The general assembly finds the following: (1) Mandatory divestment by the funds of the funds’ holdings in certain companies is a measure that should be employed only under extraordinary circumstances. (2) The Congress and President of the United States have declared that genocide is occurring in the Darfur region of Sudan. (3) The […]
Sec. 1. As used in this chapter, “active business operations” means all business operations that are not inactive business operations. As added by P.L.149-2007, SEC.3.
Sec. 10. 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 such purpose. As added by P.L.149-2007, SEC.3.
Sec. 11. As used in this chapter, “indirect holdings” means all securities of a company: (1) held in an account or a fund; and (2) managed by one (1) or more persons not employed by the fund (before July 1, 2011) or system, in which the fund (before July 1, 2011) or system owns shares […]
Sec. 12. As used in this chapter, “marginalized populations of Sudan” includes the following: (1) The part of the population in the Darfur region that has been genocidally victimized. (2) The part of the population of southern Sudan victimized by Sudan’s north-south civil war. (3) The Beja, Rashidiya, and other similarly underserved groups of eastern […]
Sec. 13. (a) As used in this chapter, “military equipment” means weapons, arms, or military defense supplies provided directly or indirectly to any force actively participating in the conflict in Sudan. The term includes any equipment that readily may be used for military purposes, including: (1) radar systems; or (2) military grade transport vehicles. (b) […]
Sec. 14. (a) As used in this chapter, “mineral extraction activities” means the exploration, extraction, processing, transporting, or wholesale sale of elemental minerals or associated metals or oxides, including: (1) gold; (2) copper; (3) chromium; (4) chromite; (5) diamonds; (6) iron; (7) iron ore; (8) silver; (9) tungsten; (10) uranium; and (11) zinc. (b) The […]
Sec. 15. (a) As used in this chapter, “oil related activities” includes: (1) the export of oil; (2) the extraction of or production of oil; (3) the exploration for oil; (4) the ownership of rights to oil blocks; (5) the refining or processing of oil; (6) the transportation of oil; (7) the selling or trading […]
Sec. 16. As used in this chapter, “power production activities” means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the government of Sudan whose purpose is to facilitate power generation and delivery. The term includes the following: (1) Establishing power generating plants or […]
Sec. 17. As used in this chapter, “research firm” means a reputable, neutral third party research firm not controlled by the fund (before July 1, 2011) or system. As added by P.L.149-2007, SEC.3. Amended by P.L.35-2012, SEC.52.
Sec. 18. (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: (i) the government of Sudan; (ii) companies in […]
Sec. 19. As used in this chapter, “social development company” means a company whose primary purpose in Sudan is to provide humanitarian goods or services, including: (1) medicine or medical equipment; (2) agricultural supplies or infrastructure; (3) educational opportunities; (4) journalism related activities; (5) information or informational materials; (6) spiritual related activities; (7) services that […]
Sec. 2. 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.149-2007, SEC.3. Amended by P.L.23-2011, SEC.11.
Sec. 20. As used in this chapter, “substantial action” means: (1) adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within one (1) year and to refrain from any new business operations; (2) undertaking significant humanitarian efforts on behalf of one (1) or more marginalized populations of Sudan; or (3) materially improving […]
Sec. 20.5. 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.53.
Sec. 21. (a) Not later than March 30, 2008, 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), and at the board’s discretion, the board may use existing research or contract with a […]
Sec. 22. After the board creates or updates the scrutinized company list under section 21 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.149-2007, SEC.3. Amended by P.L.35-2012, SEC.55.
Sec. 23. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 22 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 concerning the contents of this […]
Sec. 24. (a) Each fund (before July 1, 2011) or the board shall send to each scrutinized company: (1) that is identified under section 22 of this chapter as one in which a fund has direct or indirect holdings; and (2) that has active business operations; a written notice concerning the contents of this chapter […]
Sec. 25. (a) If, within ninety (90) days after a fund’s (before July 1, 2011) or the system’s first engagement with a company under section 24 of this chapter, the company ceases scrutinized business operations, the company shall be removed from a fund’s scrutinized company list and the provisions of sections 26, 27, 28, and […]
