§ 19-11-1302 — Review of partial equity ownership agreements

(a) A partial equity ownership agreement is subject to review by submission of the partial equity ownership agreement to the Office of State Procurement and the Legislative Council under this section. (b) Since the partial equity ownership agreement is fundamentally and substantially different from a state contract for commodities, goods, and services that are reviewed under the Arkansas Procurement Law, § 19-11-201 et seq., or other contract that is reviewed under subchapters 1-12 of this chapter, and since the partial equity ownership agreement is utilizing retirement trust funds that are not appropriated by the General Assembly, the partial equity ownership agreement is not subject to: (1) A limitation of the term or duration of the partial equity ownership agreement; or (2) An annual renewal clause. (c) When submitting a partial equity ownership agreement for review, the state retirement system shall provide information that includes without limitation: (1) The managing parties to the partial equity ownership agreement; (2) The state retirement system's interest and ownership in the partial equity ownership agreement; (3) The reason for the formation of or entry into the partial equity ownership agreement; (4) Justification that the duration of the partial equity ownership agreement is necessary to serve the best interests of the retirants under the prudent investor rule as set out in §§ 24-2-610 - 24-2-619 ; (5) The anticipated date of implementation of the partial equity ownership; (6) The anticipated termination date of the partial equity ownership agreement; and (7) Other information regarding the terms of the partial equity ownership agreement that the office or the Legislative Council may reasonably require for an adequate review.

Legislative History

Acts 2009, No. 1211, § 2.