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S 3014Public Finance

Public Finance - State Investment Commission

This bill creates a state initiative to hire more minority and women-owned firms to manage state pension funds.

Held for study
Population
Affected
15
Introduced Mar 5, 2026Committee Senate Finance

Plain-English Summary

This legislation mandates that the State Investment Commission establish a "capital access initiative" by January 1, 2027. The purpose of this initiative is to increase the number of investment managers from underrepresented backgrounds—specifically minorities and women—who manage state pension fund assets. The bill sets a goal that at least 10% of the investment managers handling these funds be qualified through this initiative. Additionally, the General Treasurer is required to submit an annual report detailing the progress toward these goals starting in the 2028 fiscal year.

For younger readers

The state has a large savings account called a pension fund, which helps pay for state workers' retirements. Right now, the people hired to manage this money often come from similar backgrounds. This new law tells the state to try harder to hire different kinds of money managers, specifically those who are women or from minority groups. The goal is to make sure that at least 10 out of every 100 managers come from these groups. The state treasurer will have to write a report every year to show if they are meeting this goal.

Who & Where It Applies

Impacted groups
Minority-owned investment firmsWomen-owned investment firmsState Investment CommissionOffice of the General TreasurerState pension fund beneficiaries
Impacted communities
All

Constitutional & Fiscal Check

There is a risk regarding the Equal Protection Clause of the 14th Amendment. The Supreme Court has applied strict scrutiny to government policies that use race-based classifications. While the bill sets a "goal" rather than a rigid quota, mandating affirmative steps to achieve a specific percentage of minority participation could be challenged as discriminatory against non-minority firms, particularly in light of recent Supreme Court decisions limiting affirmative action.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes economic equity by actively removing barriers for minority and women-owned investment firms, allowing them to build wealth and track records in a lucrative industry.
  • Encourages diversity of thought in financial management, which can lead to more innovative investment strategies that might be overlooked by traditional firms.
  • Institutionalizes a commitment to diversity within the state government's financial operations, ensuring that public funds are managed by a group that better reflects the demographics of the population.
  • Establishes a "goal" rather than a strict mandate, which may allow the state to fall short of the 10% target without facing significant consequences or penalties.
  • Focuses on enriching private investment managers, which upholds the privatization of public pension management rather than exploring public or cooperative management alternatives.
  • May benefit already wealthy or well-connected individuals within minority communities rather than addressing the systemic economic needs of the broader working-class and poor populations.
For Conservatives
  • Explicitly requires that all steps taken must be consistent with "sound investment policy and fiduciary prudence," ensuring that financial returns remain the priority over social goals.
  • Encourages the removal of artificial barriers, such as track record length, which promotes free-market competition and allows newer, potentially higher-performing firms to compete.
  • Increases the pool of available investment talent, which could theoretically lead to better performance for the pension fund by identifying skilled managers who were previously ignored.
  • Introduces race and gender-based criteria into government hiring and contracting, violating the principle of colorblind meritocracy and equal treatment under the law.
  • Setting a specific percentage goal (10%) functions as a soft quota, which may pressure the state to hire less qualified managers simply to meet diversity targets.
  • Creates additional bureaucracy and reporting requirements for the Treasurer's office to track the race and gender of business owners, expanding government oversight.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 34 additions

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 35-10 of the General Laws entitled "State Investment Commission" is hereby amended by adding thereto the following section: 35-10-16. Capital access initiative.

(a) On or before January 1, 2027, the commission shall adopt a policy to create and implement a capital access initiative intended to engage traditionally disadvantaged investment managers with underrepresented backgrounds to the greatest extent feasible, consistent with sound investment policy and fiduciary prudence. This policy shall include quantifiable goals for the ongoing development and expansion of the capital access initiative, particularly as it relates to increasing the participation of a broader range of investment managers in the stewardship of state pension fund assets.

(b) Through the capital access initiative, the commission and the office of the general treasurer shall take affirmative steps to remove any barriers to the equal participation of underrepresented investment managers so long as such participation is consistent with sound investment policy and fiduciary prudence. Such affirmative steps shall include, but not be limited to, evaluating whether current investment policies impose quantitative or qualitative restrictions such as requirements for a minimum track record length or assets under management, or whether they overlook unique investment strategies and perspectives that could enhance pension fund performance.

(c) It shall be the goal of the commission that not less than ten percent (10%) of investment managers managing the state pension fund shall be qualified through the capital access initiative.

(d) Beginning in fiscal year 2028, the general treasurer shall prepare a report detailing its progress toward achieving the policies and goals outlined in this section to the commission for its approval within six (6) months of the end of the fiscal year. Upon approval by the commission, the general treasurer shall transmit the report to the speaker of the house of representatives, the president of the senate and the chairpersons of the house and senate finance committees. Such report shall include documentation related to all participants in the capital access initiative.

(e) Participation in the capital access initiative shall be limited to underrepresented investment managers. For purposes of this section, an “underrepresented investment manager” shall include, but is not limited to, a qualified investment adviser that is:

(1) At least fifty-one percent (51%) owned by one or more minorities or women or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock which is owned by one or more minorities or women; and/or

(2) Whose management and daily business operations are controlled by one or more such individuals.

(f) For the purposes of this section, the term “minority” shall have the same meaning as in § 37-14.1-3.

SECTION 2. This act shall take effect upon passage.