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H.C.R. 16

             1     

RESOLUTION URGING RETIREMENT SYSTEM

             2     
SUPPORT OF ECONOMIC DEVELOPMENT

             3     
2004 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Peggy Wallace

             6     
             7      LONG TITLE
             8      General Description:
             9          This concurrent resolution of the Legislature and the Governor urges the Utah
             10      Retirement Systems Board to establish policies and procedures that encourage
             11      investment in leading venture capital funds and other funds.
             12      Highlighted Provisions:
             13          This resolution:
             14          .    urges the Utah Retirement Systems Board to establish policies and procedures that
             15      encourage investment in leading venture capital funds and other funds that have
             16      demonstrated a commitment to Utah and its start-up and emerging growth
             17      companies; and
             18          .    encourages the Utah Retirement Systems Board to report its progress to the
             19      Legislature annually.
             20      Special Clauses:
             21          None
             22     
             23      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             24          WHEREAS, the availability of capital for the start-up and subsequent expansion of new
             25      businesses is critical to the continued growth and development of the economy of Utah;
             26          WHEREAS, an increase in capital availability within Utah will strengthen Utah's
             27      economy by creating new companies and jobs within Utah, increasing the revenues of Utah


             28      companies and increasing the earnings of Utah households, which will consequently enhance
             29      the quality of life within the state;
             30          WHEREAS, a strengthened Utah economy directly benefits the member beneficiaries
             31      of the Utah Retirement Systems;
             32          WHEREAS, there exists a substantial gap between available capital resources and the
             33      need of Utah businesses for these resources;
             34          WHEREAS, investments in start-up and expanding businesses can produce substantial
             35      positive returns for long-term investors;
             36          WHEREAS, pension funds managed by the Utah Retirement Systems Board constitute
             37      a major financial resource in the state of Utah, and a portion of the funds may be prudently
             38      invested in start-up and emerging growth businesses in this state under the policies established
             39      by the Utah Retirement Systems Board;
             40          WHEREAS, the Utah Retirement Systems Board has a fiduciary duty to manage the
             41      pension funds of the Utah State Retirement Investment Fund in accordance with the prudent
             42      investor rule;
             43          WHEREAS, the Utah Retirement Systems Board has a longstanding tradition of careful
             44      management of pension funds and a history of making excellent investment decisions;
             45          WHEREAS, unlike the policy in some other states, the Utah Retirement Systems Board
             46      does not currently manage the pension funds of the Utah State Retirement Investment Fund
             47      with a priority to invest in Utah companies and businesses and, accordingly, a relatively small
             48      amount of the Utah State Retirement Investment Fund has historically been invested in start-up
             49      and emerging growth businesses in Utah; and
             50          WHEREAS, the Utah Retirement Systems Board may take a more active role in the
             51      growth and development of the Utah economy by actively seeking to make high quality
             52      investment in leading venture capital funds and other funds that have demonstrated a
             53      commitment to Utah and Utah's start-up and emerging growth companies while still
             54      maintaining the same high standard of care, skill, and caution that the Utah Retirement Systems
             55      Board employs in making all of its investment decisions:
             56          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             57      Governor concurring therein, urge the Utah Retirement Systems Board to establish policies and
             58      procedures that encourage investment in leading venture capital funds and other funds that


             59      have demonstrated a commitment to Utah and Utah's start-up and emerging growth companies,
             60      while continuing its strict compliance with the fiduciary duty that the Board owes to the
             61      members and beneficiaries of the Utah State Retirement Investment Fund.
             62          BE IT FURTHER RESOLVED that the Legislature and the Governor encourage the
             63      Utah Retirement Systems Board to implement policies and procedures in accordance with this
             64      resolution and report its progress to the Legislature annually.
             65          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Utah
             66      Retirement Systems Board.




Legislative Review Note
    as of 2-19-04 1:56 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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