DISFAVORED STATE INVESTMENTS.
(1) In addition to investment standards in applicable law, public entities engaging in investment activities with an investment agent shall apply the Idaho uniform prudent investor act, chapter 5, title 68, Idaho Code, when selecting investments. No public entity engaged in investment activities shall consider environmental, social, or governance characteristics in a manner that could override the prudent investor rule. A public entity serving as a fiduciary to select investment options for investors may offer environmental, social, and governance preferred investment alternatives, but such investments shall not be required and sufficient alternatives must be also offered.
(2) Public entities engaging in investment activities with an investment agent shall require notification to the public entity if the investment agent adopts a policy or revises a policy related to disfavored investments applicable to the public entity’s investment.
(3) Proxies for all public entities belong to that entity. If voting of proxies is delegated to the investment agent, they shall be exercised in the best interests and for the exclusive benefit of the public entity or the beneficiaries of the investment. All voting proxies will be posted quarterly or may be provided subject to a public records request as provided in chapter 1, title 74, Idaho Code. (4) As used in this section:
(a) "Disfavored investments" include but are not limited to investments or investment limitations identified as against the public policy of the state of Idaho by statute, concurrent resolution, or executive order.
(b) "Investment activities" means the placement of moneys with an investment agent to acquire an asset on behalf of the public entity with the goal of generating income or appreciation.
(c) "Investment agent" means a third-party investment manager.
(d) "Public entity" means the state of Idaho or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or regulations.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1985–2024 · leading case:
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007).
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007).
· cites it 84× “Idaho Code § 67-2345 (1)(f) does not require the presence of an attorney "where there is a general public awareness of probable litigation.”
Nelson v. Boundary Cnty., 706 P.2d 94 (Idaho Ct. App. 1985).
· cites it 23× “Idaho Code § 67-2345 (l)(b) specifically allows the consideration of the dismissal of an employee in an executive session.”
Farrell v. Bd. of Com'rs, Lemhi Cnty., 64 P.3d 304 (Idaho 2002).
· cites it 5× “Idaho Code § 67-2345 , however, provides for “executive sessions” which need not be conducted in public under the following circumstances: 6 (1) Nothing contained in this act shall be construed to prevent, upon a two-thirds (2/3) vote recorded in the minutes of the meeting by…”
Gardner v. Evans, 719 P.2d 1185 (Idaho 1986).
· cites it 4× “” I.C. § 67-2345(3). Where only an executive session is held, notice first must first be given “to the members of the governing body, and to the general public, stating the reason and the specific provision of law authorizing the executive session.”
Richard H. Leavitt v. Olivia Craven, 302 P.3d 1 (Idaho 2012).
· cites it 4× “Here, the more general statutes are the open meetings law, Idaho Code §§ 67-2342 and -2345, which are modified by the more specific provisions of I.C. §§ 67-2345(1)(g) and 20-213A(1)(a), which permit “decisions concerning the .”
Fox v. Estep, 797 P.2d 854 (Idaho 1990).
· cites it 2× “following information: (a) All members of the governing body present; (b) All motions, resolutions, orders, or ordinances proposed and their disposition; (c) The results of all votes, and upon the request of a member, the vote of each member, by name; (2) Minutes of executive…”
Idaho Code § 67-2345(1): 1 case
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007).
“Idaho Code § 67-2345 (1)(f) does not require the presence of an attorney "where there is a general public awareness of probable litigation.”
Idaho Code § 67-2345(1)(e): 2 cases
Idaho Code § 67-2345(1)(f): 1 case
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007).
“Idaho Code § 67-2345 (1)(f) does not require the presence of an attorney "where there is a general public awareness of probable litigation.”
Idaho Code § 67-2345(1)(g): 1 case
Richard H. Leavitt v. Olivia Craven, 302 P.3d 1 (Idaho 2012).
“Here, the more general statutes are the open meetings law, Idaho Code §§ 67-2342 and -2345, which are modified by the more specific provisions of I.C. §§ 67-2345(1)(g) and 20-213A(1)(a), which permit “decisions concerning the .”
Idaho Code § 67-2345(3): 3 cases
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007).
“Idaho Code § 67-2345 (1)(f) does not require the presence of an attorney "where there is a general public awareness of probable litigation.”
Gardner v. Evans, 719 P.2d 1185 (Idaho 1986).
“” I.C. § 67-2345(3). Where only an executive session is held, notice first must first be given “to the members of the governing body, and to the general public, stating the reason and the specific provision of law authorizing the executive session.”
Nelson v. Boundary Cnty., 706 P.2d 94 (Idaho Ct. App. 1985).
“Idaho Code § 67-2345 (l)(b) specifically allows the consideration of the dismissal of an employee in an executive session.”
Idaho Code § 67-2345(l)(b): 2 cases
Nelson v. Boundary Cnty., 706 P.2d 94 (Idaho Ct. App. 1985).
“Idaho Code § 67-2345 (l)(b) specifically allows the consideration of the dismissal of an employee in an executive session.”
Gardner v. Evans, 719 P.2d 1185 (Idaho 1986).
“” I.C. § 67-2345(3). Where only an executive session is held, notice first must first be given “to the members of the governing body, and to the general public, stating the reason and the specific provision of law authorizing the executive session.”
Idaho Code § 67-2345(l)(f): 1 case
State v. Yzaguirre, 163 P.3d 1183 (Idaho 2007).
“Idaho Code § 67-2345 (1)(f) does not require the presence of an attorney "where there is a general public awareness of probable litigation.”
Idaho Code § 67-2345(l)(g): 1 case
Richard H. Leavitt v. Olivia Craven, 302 P.3d 1 (Idaho 2012).
“Here, the more general statutes are the open meetings law, Idaho Code §§ 67-2342 and -2345, which are modified by the more specific provisions of I.C. §§ 67-2345(1)(g) and 20-213A(1)(a), which permit “decisions concerning the .”
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