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Committee hears proposal to limit ESG considerations in public pension investing

2212657 · January 30, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

House Bill 657 would require Missouri public pension systems to prioritize safety and rate of return and restrict investment decisions based on environmental, social and governance criteria; witnesses and systems gave mixed testimony.

Representatives and pension-system officials debated House Bill 657 before the House Pensions Committee on Oct. 12, 2025. Sponsor Representative Bill Owen said the bill would "lock in best practices" by directing public pension funds to prioritize rate of return and prohibit decisions driven by environmental, social and governance (ESG) preferences that override fiduciary duties.

"We are to be focused on return on investment," Representative Bill Owen said, describing language that would require proxy-voting agents and investment fiduciaries to act in the economic best interests of pension members. "If you give out your proxy voting to a third party provider ... they have signed a document stating they too understand that they are required to cast those votes ... in the economic best interest of the members of that pension fund."

Supporters included chief counsel and representatives of several large retirement systems who testified the measure mostly mirrors existing policies. Mike Borfield, chief counsel for PSRS/PEERS, told the committee PSRS/PEERS already prohibits "social impact investing" and seeks to "maximize our shareholder return" consistent with fiduciary duty; he said the system is one of two pension funds cited by the state auditor as following best practices on proxy voting. "Our investment philosophy is simple. We are to maximize our shareholder return, which is our members' return within prudent risk variables," Borfield said.

Other witnesses opposed or questioned the need for the bill. Gretchen Waddell Barwick of the Missouri Sierra Club said corporate governance and ESG analysis can reduce investment risk and argued the bill "solves a problem that doesn't exist" and follows model legislation backed by external funders. Peter Schneberger of Columbia said the language creates uncertainty for fiduciaries who already must follow U.S. law on fiduciary duty and warned the bill could create regulatory confusion for investment managers.

Committee members pressed sponsors and witnesses on specifics: whether the bill would change operations for Missouri systems, how it would interact with existing statutes that direct state or local procurement or divestment, and whether federal law or embargoes would still apply. Witnesses representing MOSERS, PSRS/PEERS, Loggers, MPERS and other systems said their boards already use policies that align with the bill’s provisions; PSRS/PEERS and MOSERS said they have internal policies that prohibit political or social-impact investing and that they interpret federal and state laws in concert.

Several legislators voiced concern about statutory rigidity and potential future conflicts. Representative Reuter asked whether federal embargoes or other federal restrictions could make investments illegal regardless of state law; witnesses agreed federal law would control. Representative Clemens and others said standardized ESG metrics remain unsettled and that the bill’s guardrails were meant to prevent politically motivated investment mandates, citing past episodes involving proxy voting and large asset managers.

The hearing recorded statements from lobbyists, advocacy groups and pension system officials. James Harris of FGA Action registered support; the Missouri Sierra Club and other groups registered opposition. No formal committee vote on passage was recorded at the hearing; the chair instituted a four-minute time limit for public testimony and closed the hearing after testimony concluded.

Committee members requested follow-up from committee staff and sponsors on whether language in the bill could conflict with other legislation and asked for additional detail from systems where needed. The hearing concluded without a recorded committee vote.