1.1 	A bill for an act
1.2 	relating to the State Board of Investment; authorizing
1.3 	venture capital investments using the environmental
1.4 	and natural resources trust fund; classifying data
1.5 	related to certain venture capital investments;
1.6 	amending Minnesota Statutes 2004, sections 11A.24,
1.7 	subdivision 6; 13.635, by adding a subdivision;
1.8 	proposing coding for new law in Minnesota Statutes,
1.9 	chapter 116P.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 11A.24,
1.12 	subdivision 6, is amended to read:
1.13 		Subd. 6.Other investments.  (a) In addition to the
1.14 	investments authorized in subdivisions 1 to 5, and subject to
1.15 	the provisions in paragraph (b), the state board may invest
1.16 	funds in:
1.17 	(1) venture capital investment businesses through
1.18 	participation in limited partnerships, trusts, private
1.19 	placements, limited liability corporations, limited liability
1.20 	companies, limited liability partnerships, and corporations;
1.21 	(2) real estate ownership interests or loans secured by
1.22 	mortgages or deeds of trust or shares of real estate investment
1.23 	trusts through investment in limited partnerships, bank
1.24 	sponsored collective funds, trusts, mortgage participation
1.25 	agreements, and insurance company commingled accounts, including
1.26 	separate accounts;
1.27 	(3) regional and mutual funds through bank sponsored
2.1 	collective funds and open-end investment companies registered
2.2 	under the Federal Investment Company Act of 1940, and closed-end
2.3 	mutual funds listed on an exchange regulated by a governmental
2.4 	agency;
2.5 	(4) resource investments through limited partnerships,
2.6 	trusts, private placements, limited liability corporations,
2.7 	limited liability companies, limited liability partnerships, and
2.8 	corporations; and
2.9 	(5) international securities.
2.10 	(b) The investments authorized in paragraph (a) must
2.11 	conform to the following provisions:
2.12 	(1) the aggregate value of all investments made according
2.13 	to paragraph (a), clauses (1) to (4), may not exceed 35 percent
2.14 	of the market value of the fund for which the state board is
2.15 	investing;
2.16 	(2) there must be at least four unrelated owners of the
2.17 	investment other than the state board for investments made under
2.18 	paragraph (a), clause (1), (2), (3), or (4);
2.19 	(3) state board participation in an investment vehicle is
2.20 	limited to 20 percent thereof for investments made under
2.21 	paragraph (a), clause (1), (2), (3), or (4); and
2.22 	(4) state board participation in a limited partnership does
2.23 	not include a general partnership interest or other interest
2.24 	involving general liability.  The state board may not engage in
2.25 	any activity as a limited partner which creates general
2.26 	liability.
2.27 	(c) All financial or proprietary data received, prepared,
2.28 	used, or retained by the state board in connection with
2.29 	investments authorized by paragraph (a), clause (1), (2), or
2.30 	(4), are nonpublic data under section 13.02, subdivision 9.  As
2.31 	used in this paragraph, "financial or proprietary data" means
2.32 	information, as determined by the executive director, that is of
2.33 	a financial or proprietary nature, the release of which could
2.34 	cause competitive harm to the state board, the legal entity in
2.35 	which the state board has invested or has considered an
2.36 	investment, the managing entity of an investment, or a portfolio
3.1 	company in which the legal entity holds an interest.  Regardless
3.2 	of whether they could be considered financial or proprietary
3.3 	data, the following data received, prepared, used, or retained
3.4 	by the state board in connection with investments authorized by
3.5 	paragraph (a), clause (1), (2), or (4), are public at all times:
3.6 	(1) the name and industry group classification of the legal
3.7 	entity in which the state board has invested or in which the
3.8 	state board has considered an investment;
3.9 	(2) the state board commitment amount, if any;
3.10 	(3) the funded amount of the state board's commitment to
3.11 	date, if any;
3.12 	(4) the market value of the investment by the state board;
3.13 	(5) the state board's internal rate of return for the
3.14 	investment, including expenditures and receipts used in the
3.15 	calculation of the investment's internal rate of return; and 
3.16 	(6) the age of the investment in years.

3.17 	Sec. 2. Minnesota Statutes 2004, section 13.635, is
3.18 	amended by adding a subdivision to read:
3.19 		Subd. 1a.State board of investment. Certain government
3.20 	data of the State Board of Investment related to venture capital
3.21 	investments are classified under section 11A.24, subdivision 6.

3.22 	Sec. 3. [116P.081] MINNESOTA EARLY STAGE VENTURE CAPITAL
3.23 	INVESTMENTS.
3.24 	(a) For purposes of this section, "Minnesota early stage
3.25 	company" means an early stage company with its headquarters and
3.26 	principal place of business located in this state.
3.27 	(b) Until June 30, 2019, the State Board of Investment must
3.28 	invest at least $25,000,000 of the principal of the Minnesota
3.29 	environmental and natural resources trust fund in early stage
3.30 	venture capital investments, subject to the following conditions:
3.31 	(1) the board may not make initial investments of more than
3.32 	a total of $50,000,000 under this section;
3.33 	(2) each separate investment vehicle must commit 50 percent
3.34 	or more of its assets to investments in Minnesota early stage
3.35 	companies;
3.36 	(3) the board's investment may not exceed 50 percent of the
4.1 	total investment in an investment vehicle;
4.2 	(4) no new investment vehicles may be purchased after June
4.3 	30, 2008; and 
4.4 	(5) the board may reinvest returns from investments made
4.5 	under this section.
4.6 	The board may set evaluation criteria for investment
4.7 	vehicles and fund managers of investments under this section
4.8 	different from those it uses for other investments.
4.9 	(c) This section expires August 1, 2019.

4.10 	Sec. 4. EFFECTIVE DATE.
 4.11 	This act is effective the day following final enactment.