SB 3342

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Full Text of SB3342
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	SB3342 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3342
Introduced 2/4/2026, by Sen. Graciela Guzmán
SYNOPSIS AS INTRODUCED:
30 ILCS 235/2.4 new
40 ILCS 5/1-110.16
Amends the General Provisions Article of the Illinois Pension Code. Requires the Illinois Investment Policy Board to make its best efforts to identify all for-profit companies that contract to shelter incarcerated or detained persons and to include those companies in the list of restricted companies for purposes of investment distributed to each retirement system and the Illinois State Board of Investment. Provides that an exception to divestment requirements for investments that are equal to or less than 0.5% of the market value of all assets under management by the retirement does not apply to investments in for-profit companies that contract to shelter incarcerated or detained persons. Makes conforming changes. Amends the Public Funds Investment Act. Provides that a municipality with a population of 500,000 or more or a county with a population of 3,000,000 or more shall not invest public funds in an investment instrument issued by for-profit companies that contract to shelter incarcerated or detained persons. Requires such a municipality or county to instruct its investment advisors to sell, redeem, divest, or withdraw all holdings of a for-profit company that enters into a contract to shelter incarcerated or detained persons from the local government's assets under management in an orderly and fiduciarily responsible manner within 12 months after the company's most recent appearance on the list of restricted companies published by the Illinois Investment Policy Board. Effective immediately.
LRB104 19095 RPS 32540 b
	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
A BILL FOR
		SB3342		LRB104 19095 RPS 32540 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Funds Investment Act is amended by
5adding Section 2.4 as follows:
6    (30 ILCS 235/2.4 new)
7    Sec. 2.4. Transactions with for-profit companies that 
8contract to shelter incarcerated or detained persons 
9prohibited.
10    (a) In this Section:
11    "Contract to shelter incarcerated or detained persons" has 
12the meaning given to that term in subsection (a) of Section 
131-110.16 of the Illinois Pension Code.
14    "Local government" means a municipality with a population 
15of 500,000 or more or a county with a population of 3,000,000 
16or more.
17    (b) Notwithstanding any provision of law to the contrary, 
18a local government shall not invest public funds in any 
19investment instrument issued by a for-profit company that 
20contracts to shelter incarcerated or detained persons.
21    (c) No later than 6 months after the effective date of this 
22amendatory Act of the 104th General Assembly, a local 
23government shall identify those companies in which the local 
		SB3342	- 2 -	LRB104 19095 RPS 32540 b
1government owns direct holdings and indirect holdings of 
2for-profit companies that contract to shelter incarcerated or 
3detained persons that are on the list of restricted companies 
4published by the Illinois Investment Policy Board under 
5Section 1-110.16 of the Illinois Pension Code.
6    (d) A local government shall instruct its investment 
7advisors to sell, redeem, divest, or withdraw all holdings of 
8a for-profit company that enters into a contract to shelter 
9incarcerated or detained persons from the local government's 
10assets under management in an orderly and fiduciarily 
11responsible manner within 12 months after the company's most 
12recent appearance on the list of restricted companies 
13published by the Illinois Investment Policy Board list of 
14restricted companies under subsection (d) of Section 1-110.16 
15of the Pension Code.
16    (e) With respect to actions taken in compliance with this 
17Section, including all good-faith determinations regarding 
18companies as required by this Section, a local government is 
19exempt from any conflicting statutory or common law 
20obligations, including any fiduciary duties under this Act and 
21any obligations with respect to choice of asset managers, 
22investment funds, or investments for the local government's 
23securities portfolios.
24    Section 10. The Illinois Pension Code is amended by
25changing Section 1-110.16 as follows:
		SB3342	- 3 -	LRB104 19095 RPS 32540 b
1    (40 ILCS 5/1-110.16)
2    Sec. 1-110.16. Transactions prohibited by retirement
3systems; certain companies [that boycott Israel, for-profit ]
4[companies that contract to shelter migrant children, ]
5[Iran-restricted companies, Sudan-restricted companies, ]
6[expatriated entities, companies that are domiciled or have ]
7[their principal place of business in Russia or Belarus, and ]
8[companies that are subject to Russian Harmful Foreign ]
9[Activities Sanctions].
10    (a) As used in this Section:
11        "Boycott Israel" means engaging in actions that are
12    politically motivated and are intended to penalize,
13    inflict economic harm on, or otherwise limit commercial
14    relations with the State of Israel or companies based in
15    the State of Israel or in territories controlled by the
16    State of Israel.
17        "Company" means any sole proprietorship, organization,
18    association, corporation, partnership, joint venture,
19    limited partnership, limited liability partnership,
20    limited liability company, or other entity or business
21    association, including all wholly owned subsidiaries,
22    majority-owned subsidiaries, parent companies, or
23    affiliates of those entities or business associations,
24    that exist for the purpose of making profit.
25        "Company that is subject to Russian Harmful Foreign
		SB3342	- 4 -	LRB104 19095 RPS 32540 b
1    Activities Sanctions" means a company that is subject to
2    sanctions under the Russian Harmful Foreign Activities
3    Sanctions Regulations (31 CFR Part 587), any Presidential
4    Executive Order imposing sanctions against Russia, or any
5    federal directive issued pursuant to any such Executive
6    Order.
7        "Contract to shelter incarcerated or detained persons" 
8    means contracting with a local government, a state 
9    government, or the federal government to shelter 
10    individuals for the provision of services relating to 
11    community correctional supervision, the operation of a 
12    correctional facility, or the incarceration of persons for 
13    violations of local, state, or federal criminal law or to 
14    shelter individuals detained for federal civil immigration 
15    violations under the federal Immigration and Nationality 
16    Act. "Contract to shelter incarcerated or detained 
17    persons" does not include a private contractor or private 
18    vendor under item (1) or (2) of Section 3 of the Private 
19    Correctional Facility Moratorium Act.
20        "Contract to shelter migrant children" means entering
21    into a contract with the federal government to shelter
22    migrant children under the federal Unaccompanied Alien
23    Children Program or a substantially similar federal
24    program.
25        "Direct holdings" in a company means all publicly
26    traded securities of that company that are held directly
		SB3342	- 5 -	LRB104 19095 RPS 32540 b
1    by the retirement system in an actively managed account or
2    fund in which the retirement system owns all shares or
3    interests.
4        "Expatriated entity" has the meaning ascribed to it in
5    Section 1-15.120 of the Illinois Procurement Code.
6        "Illinois Investment Policy Board" means the board
7    established under subsection (b) of this Section.
8        "Indirect holdings" in a company means all securities
9    of that company that are held in an account or fund, such
10    as a mutual fund, managed by one or more persons not
11    employed by the retirement system, in which the retirement
12    system owns shares or interests together with other
13    investors not subject to the provisions of this Section or
14    that are held in an index fund.
15        "Iran-restricted company" means a company that meets
16    the qualifications under Section 1-110.15 of this Code.
17        "Private market fund" means any private equity fund,
18    private equity funds of funds, venture capital fund, hedge
19    fund, hedge fund of funds, real estate fund, or other
20    investment vehicle that is not publicly traded.
21        "Restricted companies" means companies that boycott
22    Israel, for-profit companies that contract to shelter
23    migrant children, for-profit companies that contract to 
24    shelter incarcerated or detained persons, Iran-restricted
25    companies, Sudan-restricted companies, expatriated
26    entities, companies that are domiciled or have their
		SB3342	- 6 -	LRB104 19095 RPS 32540 b
1    principal place of business in Russia or Belarus, and
2    companies that are subject to Russian Harmful Foreign
3    Activities Sanctions.
4        "Retirement system" means a retirement system
5    established under Article 2, 14, 15, 16, or 18 of this Code
6    or the Illinois State Board of Investment.
7        "Sudan-restricted company" means a company that meets
8    the qualifications under Section 1-110.6 of this Code.
9    (b) There shall be established an Illinois Investment
10Policy Board. The Illinois Investment Policy Board shall
11consist of 7 members. Each board of a pension fund or
12investment board created under Article 15, 16, or 22A of this
13Code shall appoint one member, and the Governor shall appoint
144 members. The Governor shall designate one member of the
15Board as the Chairperson.
16    (b-5) The term of office of each member appointed by the
17Governor, who is serving on the Board on June 30, 2022, is
18abolished on that date. The terms of office of members
19appointed by the Governor after June 30, 2022 shall be as
20follows: 2 initial members shall be appointed for terms of 2
21years, and 2 initial members shall be appointed for terms of 4
22years. Thereafter, the members appointed by the Governor shall
23hold office for 4 years, except that any member chosen to fill
24a vacancy occurring otherwise than by expiration of a term
25shall be appointed only for the unexpired term of the member
26whom he or she shall succeed. Board members may be
		SB3342	- 7 -	LRB104 19095 RPS 32540 b
1reappointed. The Governor may remove a Governor's appointee to
2the Board for incompetence, neglect of duty, malfeasance, or
3inability to serve.
4    (c) Notwithstanding any provision of law to the contrary,
5beginning January 1, 2016, Sections 1-110.15 and 1-110.6 of
6this Code shall be administered in accordance with this
7Section.
8    (d) By April 1, 2016, the Illinois Investment Policy Board
9shall make its best efforts to identify all Iran-restricted
10companies, Sudan-restricted companies, and companies that
11boycott Israel and assemble those identified companies into a
12list of restricted companies, to be distributed to each
13retirement system.
14    These efforts shall include the following, as appropriate
15in the Illinois Investment Policy Board's judgment:
16        (1) reviewing and relying on publicly available
17    information regarding Iran-restricted companies,
18    Sudan-restricted companies, and companies that boycott
19    Israel, including information provided by nonprofit
20    organizations, research firms, and government entities;
21        (2) contacting asset managers contracted by the
22    retirement systems that invest in Iran-restricted
23    companies, Sudan-restricted companies, and companies that
24    boycott Israel;
25        (3) contacting other institutional investors that have
26    divested from or engaged with Iran-restricted companies,
		SB3342	- 8 -	LRB104 19095 RPS 32540 b
1    Sudan-restricted companies, and companies that boycott
2    Israel; and
3        (4) retaining an independent research firm to identify
4    Iran-restricted companies, Sudan-restricted companies,
5    and companies that boycott Israel.
6    The Illinois Investment Policy Board shall review the list
7of restricted companies on a quarterly basis based on evolving
8information from, among other sources, those listed in this
9subsection (d) and distribute any updates to the list of
10restricted companies to the retirement systems and the State
11Treasurer.
12    By April 1, 2018, the Illinois Investment Policy Board
13shall make its best efforts to identify all expatriated
14entities and include those companies in the list of restricted
15companies distributed to each retirement system and the State
16Treasurer. These efforts shall include the following, as
17appropriate in the Illinois Investment Policy Board's
18judgment:
19        (1) reviewing and relying on publicly available
20    information regarding expatriated entities, including
21    information provided by nonprofit organizations, research
22    firms, and government entities;
23        (2) contacting asset managers contracted by the
24    retirement systems that invest in expatriated entities;
25        (3) contacting other institutional investors that have
26    divested from or engaged with expatriated entities; and
		SB3342	- 9 -	LRB104 19095 RPS 32540 b
1        (4) retaining an independent research firm to identify
2    expatriated entities.
3    By July 1, 2022, the Illinois Investment Policy Board
4shall make its best efforts to identify all for-profit
5companies that contract to shelter migrant children and
6include those companies in the list of restricted companies
7distributed to each retirement system. These efforts shall
8include the following, as appropriate in the Illinois
9Investment Policy Board's judgment:
10        (1) reviewing and relying on publicly available
11    information regarding for-profit companies that contract
12    to shelter migrant children, including information
13    provided by nonprofit organizations, research firms, and
14    government entities;
15        (2) contacting asset managers contracted by the
16    retirement systems that invest in for-profit companies
17    that contract to shelter migrant children;
18        (3) contacting other institutional investors that have
19    divested from or engaged with for-profit companies that
20    contract to shelter migrant children; and
21        (4) retaining an independent research firm to identify
22    for-profit companies that contract to shelter migrant
23    children.
24    No later than 6 months after the effective date of this
25amendatory Act of the 102nd General Assembly, the Illinois
26Investment Policy Board shall make its best efforts to
		SB3342	- 10 -	LRB104 19095 RPS 32540 b
1identify all companies that are domiciled or have their
2principal place of business in Russia or Belarus and companies
3that are subject to Russian Harmful Foreign Activities
4Sanctions and include those companies in the list of
5restricted companies distributed to each retirement system.
6These efforts shall include the following, as appropriate in
7the Illinois Investment Policy Board's judgment:
8        (1) reviewing and relying on publicly available
9    information regarding companies that are domiciled or have
10    their principal place of business in Russia or Belarus and
11    companies that are subject to Russian Harmful Foreign
12    Activities Sanctions, including information provided by
13    nonprofit organizations, research firms, and government
14    entities;
15        (2) contacting asset managers contracted by the
16    retirement systems that invest in companies that are
17    domiciled or have their principal place of business in
18    Russia or Belarus and companies that are subject to
19    Russian Harmful Foreign Activities Sanctions;
20        (3) contacting other institutional investors that have
21    divested from or engaged with companies that are domiciled
22    or have their principal place of business in Russia or
23    Belarus and companies that are subject to Russian Harmful
24    Foreign Activities Sanctions; and
25        (4) retaining an independent research firm to identify
26    companies that are domiciled or have their principal place
		SB3342	- 11 -	LRB104 19095 RPS 32540 b
1    of business in Russia or Belarus and companies that are
2    subject to Russian Harmful Foreign Activities Sanctions.
3    No later than 6 months after the effective date of this 
4amendatory Act of the 104th General Assembly, the Illinois 
5Investment Policy Board shall make its best efforts to 
6identify all for-profit companies that contract to shelter 
7incarcerated or detained persons and include those companies 
8in the list of restricted companies distributed to each 
9retirement system. These efforts shall include the following, 
10as appropriate in the Illinois Investment Policy Board's 
11judgment:
12        (1) reviewing and relying on publicly available 
13    information regarding for-profit companies that contract 
14    to shelter incarcerated or detained persons, including 
15    information provided by nonprofit organizations, research 
16    firms, and government entities;
17        (2) contacting asset managers contracted by the 
18    retirement systems that invest in for-profit companies 
19    that contract to shelter incarcerated or detained persons;
20        (3) contacting other institutional investors that have 
21    divested from or engaged with for-profit companies that 
22    contract to shelter incarcerated or detained persons; and
23        (4) retaining an independent research firm to identify 
24    for-profit companies that contract to shelter incarcerated 
25    or detained persons.
26    (e) The Illinois Investment Policy Board shall adhere to
		SB3342	- 12 -	LRB104 19095 RPS 32540 b
1the following procedures for companies on the list of
2restricted companies:
3        (1) For each company newly identified in subsection
4    (d), the Illinois Investment Policy Board, unless it
5    determines by an affirmative vote that it is unfeasible,
6    shall send a written notice informing the company of its
7    status and that it may become subject to divestment or
8    shareholder activism by the retirement systems.
9        (2) If, following the Illinois Investment Policy
10    Board's engagement pursuant to this subsection (e) with a
11    restricted company, that company ceases activity that
12    designates the company to be an Iran-restricted company, a
13    Sudan-restricted company, a company that boycotts Israel,
14    an expatriated entity, [or] a for-profit company that
15    contracts to shelter migrant children, or a for-profit 
16    company that contracts to shelter incarcerated or detained 
17    persons, the company shall be removed from the list of
18    restricted companies and the provisions of this Section
19    shall cease to apply to it unless it resumes such
20    activities.
21        (3) For a company that is domiciled or has its
22    principal place of business in Russia or Belarus, if,
23    following the Illinois Investment Policy Board's
24    engagement pursuant to this subsection (e), that company
25    is no longer domiciled or has its principal place of
26    business in Russia or Belarus, the company shall be
		SB3342	- 13 -	LRB104 19095 RPS 32540 b
1    removed from the list of restricted companies and the
2    provisions of this Section shall cease to apply to it
3    unless it becomes domiciled or has its principal place of
4    business in Russia or Belarus.
5        (4) For a company that is subject to Russian Harmful
6    Foreign Activities Sanctions, if, following the Illinois
7    Investment Policy Board's engagement pursuant to this
8    subsection (e), that company is no longer subject to
9    Russian Harmful Foreign Activities Sanctions, the company
10    shall be removed from the list of restricted companies and
11    the provisions of this Section shall cease to apply to it
12    unless it becomes subject to Russian Harmful Foreign
13    Activities Sanctions.
14    (f) Except as provided in subsection (f-1) of this Section
15the retirement system shall adhere to the following procedures
16for companies on the list of restricted companies:
17        (1) The retirement system shall identify those
18    companies on the list of restricted companies in which the
19    retirement system owns direct holdings and indirect
20    holdings.
21        (2) The retirement system shall instruct its
22    investment advisors to sell, redeem, divest, or withdraw
23    all direct holdings of restricted companies from the
24    retirement system's assets under management in an orderly
25    and fiduciarily responsible manner within 12 months after
26    the company's most recent appearance on the list of
		SB3342	- 14 -	LRB104 19095 RPS 32540 b
1    restricted companies.
2        (3) The retirement system may not acquire securities
3    of restricted companies.
4        (4) The provisions of this subsection (f) do not apply
5    to the retirement system's indirect holdings or private
6    market funds. The Illinois Investment Policy Board shall
7    submit letters to the managers of those investment funds
8    containing restricted companies requesting that they
9    consider removing the companies from the fund or create a
10    similar actively managed fund having indirect holdings
11    devoid of the companies. If the manager creates a similar
12    fund, the retirement system shall replace all applicable
13    investments with investments in the similar fund in an
14    expedited timeframe consistent with prudent investing
15    standards.
16    (f-1) The retirement system shall adhere to the following
17procedures for restricted companies that are expatriated
18entities or for-profit companies that contract to shelter
19migrant children:
20        (1) To the extent that the retirement system believes
21    that shareholder activism would be more impactful than
22    divestment, the retirement system shall have the authority
23    to engage with a restricted company prior to divesting.
24        (2) Subject to any applicable State or Federal laws,
25    methods of shareholder activism utilized by the retirement
26    system may include, but are not limited to, bringing
		SB3342	- 15 -	LRB104 19095 RPS 32540 b
1    shareholder resolutions and proxy voting on shareholder
2    resolutions.
3        (3) The retirement system shall report on its
4    shareholder activism and the outcome of such efforts to
5    the Illinois Investment Policy Board by April 1 of each
6    year.
7        (4) If the engagement efforts of the retirement system
8    are unsuccessful, then it shall adhere to the procedures
9    under subsection (f) of this Section.
10    (f-5) Beginning on the effective date of this amendatory
11Act of the 102nd General Assembly, no retirement system shall
12invest moneys in Russian or Belarusian sovereign debt, Russian
13or Belarusian government-backed securities, any investment
14instrument issued by an entity that is domiciled or has its
15principal place of business in Russia or Belarus, or any
16investment instrument issued by a company that is subject to
17Russian Harmful Foreign Activities Sanctions, and no
18retirement system shall invest or deposit State moneys in any
19bank that is domiciled or has its principal place of business
20in Russia or Belarus. As soon as practicable after the
21effective date of this amendatory Act of the 102nd General
22Assembly, each retirement system shall instruct its investment
23advisors to sell, redeem, divest, or withdraw all direct
24holdings of Russian or Belarusian sovereign debt and direct
25holdings of Russian or Belarusian government-backed securities
26from the retirement system's assets under management in an
		SB3342	- 16 -	LRB104 19095 RPS 32540 b
1orderly and fiduciarily responsible manner.
2    Notwithstanding any provision of this Section to the
3contrary, a retirement system may cease divestment pursuant to
4this subsection (f-5) if clear and convincing evidence shows
5that the value of investments in such Russian or Belarusian
6sovereign debt and Russian or Belarusian government-backed
7securities becomes equal to or less than 0.05% of the market
8value of all assets under management by the retirement system.
9For any cessation of divestment authorized by this subsection
10(f-5), the retirement system shall provide a written notice to
11the Illinois Investment Policy Board in advance of the
12cessation of divestment, setting forth the reasons and
13justification, supported by clear and convincing evidence, for
14its decision to cease divestment under this subsection (f-5).
15    The provisions of this subsection (f-5) do not apply to
16the retirement system's indirect holdings or private market
17funds.
18    (g) Upon request, and by April 1 of each year, each
19retirement system shall provide the Illinois Investment Policy
20Board with information regarding investments sold, redeemed,
21divested, or withdrawn in compliance with this Section.
22    (h) Notwithstanding any provision of this Section to the
23contrary, a retirement system may cease divesting from
24companies pursuant to subsection (f) if clear and convincing
25evidence shows that the value of investments in such companies
26becomes equal to or less than 0.5% of the market value of all
		SB3342	- 17 -	LRB104 19095 RPS 32540 b
1assets under management by the retirement system; except that 
2this subsection (h) does not apply to investments in 
3for-profit companies that contract to shelter incarcerated or 
4detained persons. For any cessation of divestment authorized
5by this subsection (h), the retirement system shall provide a
6written notice to the Illinois Investment Policy Board in
7advance of the cessation of divestment, setting forth the
8reasons and justification, supported by clear and convincing
9evidence, for its decision to cease divestment under
10subsection (f).
11    (i) The cost associated with the activities of the
12Illinois Investment Policy Board shall be borne by the boards
13of each pension fund or investment board created under Article
1415, 16, or 22A of this Code.
15    (j) With respect to actions taken in compliance with this
16Section, including all good-faith determinations regarding
17companies as required by this Section, the retirement system
18and Illinois Investment Policy Board are exempt from any
19conflicting statutory or common law obligations, including any
20fiduciary duties under this Article and any obligations with
21respect to choice of asset managers, investment funds, or
22investments for the retirement system's securities portfolios.
23    (k) It is not the intent of the General Assembly in
24enacting this amendatory Act of the 99th General Assembly to
25cause divestiture from any company based in the United States
26of America. The Illinois Investment Policy Board shall
		SB3342	- 18 -	LRB104 19095 RPS 32540 b
1consider this intent when developing or reviewing the list of
2restricted companies.
3    (l) If any provision of this amendatory Act of the 99th
4General Assembly or its application to any person or
5circumstance is held invalid, the invalidity of that provision
6or application does not affect other provisions or
7applications of this amendatory Act of the 99th General
8Assembly that can be given effect without the invalid
9provision or application.
10    If any provision of Public Act 100-551 or its application
11to any person or circumstance is held invalid, the invalidity
12of that provision or application does not affect other
13provisions or applications of Public Act 100-551 that can be
14given effect without the invalid provision or application.
15    If any provision of Public Act 102-118 or its application
16to any person or circumstance is held invalid, the invalidity
17of that provision or application does not affect other
18provisions or applications of Public Act 102-118 that can be
19given effect without the invalid provision or application.
20    If any provision of this amendatory Act of the 102nd
21General Assembly or its application to any person or
22circumstance is held invalid, the invalidity of that provision
23or application does not affect other provisions or
24applications of this amendatory Act of the 102nd General
25Assembly that can be given effect without the invalid
26provision or application.
		SB3342	- 19 -	LRB104 19095 RPS 32540 b
1    If any provision of this amendatory Act of the 104th 
2General Assembly or its application to any person or 
3circumstance is held invalid, the invalidity of that provision 
4or application does not affect other provisions or 
5applications of this amendatory Act of the 104th General 
6Assembly that can be given effect without the invalid 
7provision or application.
8(Source: P.A. 102-118, eff. 7-23-21; 102-699, eff. 4-19-22;
9102-1108, eff. 12-21-22.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.