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21LSO-0532
2021
STATE OF WYOMING
21LSO-0532
Numbered
2.0
HOUSE BILL NO. HB0226
Permanent mineral trust fund investment in specie.
Sponsored by: Representative(s) Jennings, Bear, Fortner, Gray, Neiman, Ottman and Styvar and Senator(s) Biteman and Hutchings
A BILL
for
AN ACT relating to public funds; requiring that a minimum portion of permanent Wyoming mineral trust fund assets be held as specie; establishing storage requirements; providing exceptions to investment provisions for acquisition and holding of required specie investments; making conforming amendments; providing for implementation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 9
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4
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714(a) by creating a new paragraph (viii) and by renumbering (viii) as (ix) and
9
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4
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715 by creating a new subsection (s) are amended to read:
9
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4
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714.
Definitions.
(a)
As used in this act:
(viii)
"Specie" means as defined by W.S. 9
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4
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1302(a)(ii);
(viii)
(ix)
"This act" means W.S. 9
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4
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714 through 9
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4
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721.
9
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4
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715.
Permissible investments.
(s)
The state treasurer, or his designee, which shall be registered under the Investment Advisers Act of 1940 as amended if required to be registered by the terms of that act, shall at all times invest not less than three percent (3%) of the market value of the permanent Wyoming mineral trust fund, calculated from the first day of the fiscal year, in specie. The acquisition of specie in order to meet
the minimum requirements of this subsection shall not be considered an alternative investment and shall not be subject to subsection (d) of this section. The value of such specie may, but need not be, considered by the board for purposes of subsections (d) and (e) of this section. Specie acquired or held in order to meet the minimum requirements of this subsection shall be held in accordance with the following:
(i)
Specie shall be maintained securely in a depository for precious metals with a class two underwriters laboratories rating that is located in this state or another storage arrangement in this state with equal or greater security construction standards;
(ii)
If no depository meeting the requirements of paragraph (i) of this subsection is available in this state, the state treasurer shall select a qualifying depository in a contiguous state;
(iii)
The state treasurer shall ensure that the specie held in a qualifying depository under paragraphs (i)
or (ii) of this subsection is insured, physically audited and physically segregated from other assets.
Section 2
.
The state treasurer shall comply with the
requirements of this act as he determines most advantageous for the state's investment program and cash management, but in any event not later than July 1, 2022.
Section 3.
This act is effective July 1, 2021
.
(END)
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HB0226