0001| SENATE JOINT MEMORIAL 16 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| DEDE FELDMAN | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| A JOINT MEMORIAL | 0011| REQUESTING THE STATE INVESTMENT COUNCIL TO STUDY STATE | 0012| INVESTMENT IN COMPANIES THAT PRODUCE OR MARKET TOBACCO | 0013| PRODUCTS. | 0014| | 0015| WHEREAS, the use of tobacco products constitutes a | 0016| continuing threat to the health of the citizens of New Mexico; | 0017| and | 0018| WHEREAS, investment in companies that produce or market | 0019| tobacco products perpetuates the sale of these deadly and | 0020| addictive products; and | 0021| WHEREAS, the state of New Mexico should not profit from | 0022| the sale of products that result in disease and death for | 0023| hundreds of thousands of people every year; and | 0024| WHEREAS, investment in companies that produce or market | 0025| tobacco products creates a conflict in public policy because | - 1 - 0001| such investments can be profitable only if the state's | 0002| prevention and public health policies fail; and | 0003| WHEREAS, in light of the risks of financial liability | 0004| from ongoing litigation against tobacco companies and from | 0005| legislated settlements, continued investment of state funds in | 0006| companies that have substantial interests in the production or | 0007| marketing of tobacco products might not comply with the | 0008| prudent man rule pursuant to Section 6-8-10 NMSA 1978; and | 0009| WHEREAS, the disinvestment of state funds in companies | 0010| that have substantial interests in the production or marketing | 0011| of tobacco products might be achieved in a fiscally prudent | 0012| manner due to the availability of alternative investments | 0013| providing comparable rates of return; | 0014| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE | 0015| STATE OF NEW MEXICO that the state investment council be | 0016| requested to review the extent of investment of funds managed | 0017| by the state investment council in companies that derive more | 0018| than fifteen percent of their earnings from the production or | 0019| marketing of tobacco products; determine if these investments | 0020| are in keeping with their fiduciary responsibilities and the | 0021| prudent man rule; investigate possible alternative investments | 0022| that would be in keeping with the prudent man rule; and report | 0023| its findings to the legislative health and human services | 0024| committee and the legislative finance committee prior to the | 0025| first session of the forty-fourth legislature; and | - 2 - 0001| BE IT FURTHER RESOLVED that copies of this memorial be | 0002| transmitted to the state investment council. | 0003|  |