SB 709 — 2025 State Investment Modernization Act.-AB
Last action — Passed 1st Reading
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill is in committee in the Senate. Introduced March 25, 2025. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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5 sponsors
2 primary, 3 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 R).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
83 added · 84 removedPlain-language change summary
The latest version of Senate Bill 709 includes a few significant changes. Key provisions about the governance and operational methods of the North Carolina Investment Authority have been clarified and updated, including how the Chief Investment Officer (CIO) will be appointed and can be dismissed by the Board of Directors. Additionally, there's a focus on enhancing transparency, as the Authority is now required to report salaries and bonuses to oversight committees. These changes are important because they aim to improve accountability and ensure responsible management of investment funds within the state.
FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MarSESSION 25, 2025 S.B.S 1 SENATE BILL 709 Short Title:
709 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS45360-MRp-94D Short Title:
Rules and Operations of the Senate March 26, 2025 A BILL TO BE ENTITLED AN ACT TO ENACT THE 2025 STATE INVESTMENT MODERNIZATION ACT, AS RECOMMENDED BY THE STATE TREASURER.
CREATION OF THE NORTH CAROLINA INVESTMENT AUTHORITY *DRS45360-MRp-94D**S709-v-1* General Assembly Of North Carolina Session 2025 SECTION 2.1.
(1) BoardofDirectors.–TheBoardofDirectorsofthe NorthCarolinaInvestmentNorthCarolina Investment Authority.
Page 2 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (c) Fiduciary Funds.
– In order for the Investment Authority to effectively operate the investmentprogramsunderitsmanagement,allfundswhileundermanagementofthe Investment AuthorityAuthorityareFiduciaryFunds areFiduciarydescribed Fundsundersubdivisions describedunder(8)through subdivisions(10)ofG.S. (8)through(10)ofG.S.
(a) Property owned or acquired by the AuthorityAuthorityis is exempt from all taxes imposed by the State or any political subdivision of the State.
(5) Anyotherindividualotherwiseengagedbythe Investment AuthorityAuthoritywhowill whowill have access to health or financial information or data maintained by the Investment Authority that is confidential or otherwise nonpublic.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 3 General Assembly Of North Carolina Session 2025 (c) The Investment Authority maymayextend extend a conditional offer of employment pending the results of a criminal history record check authorized by this section.
Page 4 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (e) Vacancies.
A vacancy automaticallyautomaticallyoccursupon occursupon thedeath or resignation ofamemberofthe Board ofDirectors orupon the failure of a member of the Board of Directors to do any of the following:
The secretarysecretaryshall shall keep a record of the proceedings of the Board of Directors.
The secretarysecretaryhas has the authorityauthorityto to make copies of all minutes and other records and documents of the Board of Directors.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 5 General Assembly Of North Carolina Session 2025 (1) The Board of Directors has the authority to approve all of the following:
–TheBoardof Directors shall not approvean annual internal budget fortheInvestmentforthe Investment Authoritythatexceeds threebasis points ofarollingofarollingthree-yearaverage three-yearaverage of total assets invested by the Investment Authority, unless the Investment Authority reasonably determines that, because of special circumstances, including applicable investment restrictions, it is clearly not prudent to do so.
Page 6 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (c) Authority to Contract for Services.
The Investment AuthorityAuthorityshall shall report the salaries and bonuses paid to the Joint Legislative Oversight Committee on General Government annually.
– The CIO shall be appointed bybya amajorityvote majority vote of the Board ofDirectors,andanyvacancymaybeso filledbytheBoardofDirectors.Anindividualappointed as the CIO shall have expert knowledge of investments and a minimum of a 15-year track record of successful management in pension, endowment, or other relevant investment management arenas.
The CIO maymaybe be removed from office by the Board of Directors.
– The Chief Investment Officer shall employ staff necessary to assist the CIO and the Board of Directors in carrying out duties and responsibilities under this Articleorasprescribedin anyotherlaw.Unlessotherwiseprovidedbylaw, InvestmentAuthority employees shall serve at the pleasure of the CIO and any vacancies in these positions may be filled bybythe the CIO.
The CIO maymaydesignate designate managerial, professional, and policy-making positions as exempt from the North Carolina Human Resources Act, in accordance with G.S.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 7 General Assembly Of North Carolina Session 2025 Any delegation of authority by the Board of Directors shall require Board of Directors approval and shall reserve certain strategic decisions and extraordinary investment decisions to the Board of Directors.
To ensure that the State Treasurer's Investment AuthorityAuthorityinvestment investment programs operate under a strong governance framework with rigorous internal controls and a high degree of operational transparencytransparencyand and are managed with the highest ethical and professional standards and in the most efficient and effective manner possible, the State Treasurer, after consultation with the Investment Advisory Committee, is authorized and required to Board of Directors shall adopt policies and procedures on the following topics:
(5) Asacomponent oftheinvestment duediligence, negotiations, andcontractingand contracting process, requiring an independent assessment of whether circumstances exist that create a material risk that professional judgement or actions regarding a potential investment arrangement's recommendation, approval, or execution have been or will be unduly influenced by a direct or indirect personal interest." SECTION 2.3.(a) Rules, codes of ethics, policies, and procedures adopted by the State Treasurer in effect on June 30, 2025, that are impacted by the change in authority from the StateTreasureror Department ofStateTreasurertothe Investment Authorityunderthis Partshall remain in effect until amended by law, amended by the Investment Authority, or repealed.
Page 8 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (b) This section applies to funds held by deposited with the State Treasurer to the credit of:of all of the following:
The funds are initiallyinitiallydeposited deposited through a bank or savings and loan association in the State that is an official depository and that is selected by the State Treasurer, provided that the rate of return or investment yield shall not be less than that available in the market on United States government or agency obligations of comparable maturity.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 9 General Assembly Of North Carolina Session 2025 3.
(8) Bills of exchange or time drafts drawn on and accepted by a commercial bank and eligible for use as collateral bybymember member banks in borrowingborrowingfrom from a federal reserve bank, provided that when bills or drafts are acquired, the accepting bank or its holding company is either (i) incorporated in the State of North Carolina or (ii) has outstanding publicly held obligations that bear the highest rating, such as a minimum of "P1," "A1," or "F1," of at least one nationally recognized rating service designated by the U.S.
Securities and Exchange Commission, and do not bear a rating below the highest bybyanynationallyrecognized anyratingservice nationally recognized rating service which rates the particular obligation.
Page 10 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (1) The Teachers' and State Employees' Retirement System of North Carolina.
The State Treasurer Investment Authority may DRS45360-MRp-94DSenate Bill 709-First Edition Page 11 General Assembly Of North Carolina Session 2025 invest the funds as provided in this subsection in the manner authorized by subsection (e) of this section.
If an investment was authorized by this subsection at the time the investment was made or contractually committed to be made, then that investment shall continue to be authorized by this subsection, and none of the percentage or other limitation on investments set forth in this subsection shall be construed to require the State Treasurer Investment AuthorityAuthorityto to subsequently dispose of the investment or fail to honor any contractual commitments as a result of changes in market values, ratings, or other investment qualifications.
(7) Retirement Systems' assets referred to in subdivision (8) of this subsection may be invested in strategies managed primarily for the purpose of owning Page 12 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 real estate or related debt financing, excluding asset-backed financing and timberlands, located within or outside the United States.
… (9) With respect to Retirement Systems' assets, as defined in subdivision (b)(8) of this subsection, they assets may be invested in (i) a strategy composed primarilyprimarilyof of private equity, or corporate buyout transactions, within or outside the United States or (ii)an arrangement authorized under subsection (e) of this section with the primary purpose to engage in other strategies not expressly authorized by any other subdivision of this subsection.
… (10a) With respect to Retirement Systems' assets, as defined in subdivision (8) of this subsection, the market value of any of subdivision (6c) or (7), DRS45360-MRp-94DSenate Bill 709-First Edition Page 13 General Assembly Of North Carolina Session 2025 sub-subdivision b.
… (12) It is the intent of the General Assembly that the Escheat Fund provide a perpetual and sustainable source of fundingfundingfor for the purposes authorized bybythe the State Constitution.
(b2) The State Treasurer Investment Authority may invest funds deposited pursuant to subdivision (a)(17f) of this section in anyanyof of the investments authorized under subdivisions (b)(1) through (6), subdivision (b)(6c), and subdivision (b)(8) of this section, notwithstanding the percentage limitations imposed on the Retirement Systems' investments therein.
Funds deposited pursuant to Page 14 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 this subsection by a hospital shall remain the funds of that hospital, and interest or other investment income earned thereon shall be prorated and credited to the contributing hospital on the basis of the amounts thereof contributed, figured according to sound accounting principles.
Fees assessed by the State Treasurer Investment AuthorityAuthoritymaybe maybe used to defraydefraythe the cost of administeringinvestments pursuant to this subsection and expenditures authorized under this section.
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Fees assessed by the State Treasurer Investment AuthorityAuthoritymaybeused may beused to defraydefraythe the costs ofadministeringthe Fundand expenditures authorized under this section.
For investments from the Funds made under subdivisions (b)(6c) and (b)(8) of this section, the State Treasurer Investment Authority may require a minimum deposit of up to DRS45360-MRp-94DSenate Bill 709-First Edition Page 15 General Assembly Of North Carolina Session 2025 one hundred thousand dollars ($100,000) and may assess reasonable fees of up to 15 basis points per annum as a condition of making the investment.
The State Treasurer Investment Authority may require a minimum deposit, up to onehundred thousand dollars ($100,000), andmayandmayassessa assess a reasonable fee, not to exceedexceed15basis 15basis points, as a condition of participation pursuant to this subsection.
147-70.6, including financial, operational, and investment expertise and resources, alignment of interests Page 16 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 andinvestorprotections,transparencyandrepeatabilityofinvestmentprocess, risk controls, and cost-effectiveness.
– All documents of the Governor or the State Treasurer concerning the Fund are public records governed bybyChapter Chapter 132 of the General Statutes and any applicable provisions of the General Statutes protecting confidential information.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 17 General Assembly Of North Carolina Session 2025 The State Treasurer and the Governor shall jointly The Investment Authority shall develop and adopt an investment policy statement for the Venture Capital Multiplier Fund.
The State Treasurer and Governor shall jointly adopt a common policy to prevent conflicts of interests such that (i) the designees of the State Treasurer and Governor who selected the third-partythird-partyinvestment investment management firm, (ii) the staff of the State Treasurer overseeingoverseeingthe the Fund, and (iii) the third-party investment management firm's employees selecting or overseeing Fund investments do not provideservices forcompensation (as an employee,employee,consultant, consultant, orotherwise), within two years after the end of their service to the Fund, to any entity in which an investment from the Fund was made.
– The Investment AuthorityAuthorityshall shall adopt a policy to prevent conflicts of interest.
A third-party professional consultant maymaybe be engaged to conduct the required assessment.
Page 18 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (3) Private key.
(b) The Investment AuthorityAuthoritymayinvest may invest the cash of the designated funds in digital assets only after approval by the Board of Directors.
(3) The control environment meets institutional investment industryindustryrequirements requirements for independent risk and compliance oversight, operational robustness, and regulatory compliance.
(c) An investment in digital assets from any of the designated funds shall not exceed, in the aggregate, five percent (5%) of the balance of the designated fund for an initial period of time that is set bybythe the Board of Directors.
(b) Any official, board, commission, other public authority, local government, school administrative unit, charter school, local ABC board, or community college of the State having custodycustodyof ofanyfunds any funds not required bybylaw law to be deposited with and invested bybythe the State Treasurer orthe Investment AuthorityAuthoritymaydeposit maydeposit all or anyanyportion portion ofthosefunds with the StateTreasurer Investment Authority for investment in one of the investment programs established pursuant to authorized under this section, subject to any provisions of law with respect to eligible investments, provided that any investments.
93B-1 maymayparticipate participate in one of the investment programs established pursuant to authorized under this section regardless of whether or not the funds were required by law to be deposited with and invested by the State Treasurer.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 19 General Assembly Of North Carolina Session 2025 (e) The State Treasurer Investment Authority has full powers as a fiduciary to hold, purchase, sell, assign, transfer, lend and dispose of any of the securities or investments in which any of the investment programs created pursuant to this section have been invested, and may reinvest the proceeds from the sale of those securities or investments and any other investable assets of the program.
Investment Authority, including through administrative fees if approved bybythe the Board of Directors.
(4) A designated attorney under this subsection includes any attorney employed or retained bybythe the Investment AuthorityAuthorityto to review contracts as required bybythis this subsection.
Page 20 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 … "§ 147-69.4A.
(c) In providing any support or assistance under this section, the Investment Authority shall discharge its duties as a fiduciaryfiduciaryto to the participants in theSupplemental Retirement Income Plan of North Carolina and the North Carolina Public Employee Deferred Compensation Plan.
(a) The Swain CountyCountySettlement Settlement Trust Fund is established as a special fund in the Office of the State Treasurer under the management of the Treasurer.
Whenever the General Assembly broadens the investment authority of the State Treasurer Investment Authority as to the General Fund, the Teachers' and State Employees' Retirement System, the Consolidated Judicial Retirement System, the Firefighters' and Rescue Squad Workers' Pension Fund, the Local Governmental Employees' Retirement System, the Legislative Retirement System, the North Carolina National Guard Pension Fund, or anyanyidle idle funds, the State Treasurer Investment Authority shall annually report in detail to the General Assembly the investmentsmadeundersuchnewauthority,includingthereturnsonthoseinvestments,earnings, changes to value, and gains and losses in disposition of such investments.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 21 General Assembly Of North Carolina Session 2025 (a) In addition to all other audits and reports required by the law, the State Treasurer Treasurer, with the active assistance of the Investment Authority, shall prepare and issue, at the end of each fiscal year beginning with the 2015-2016 fiscal year, year, a set of consolidated stand-alone financial statements regarding investments authorized in G.S.
(a) On at least a biennial basis, the State Treasurer Chief Investment Officer shall present an investment policypolicystatement statement to the Investment AdvisoryAdvisoryCommittee Committee Board of Directors for the Committee's consultation.
147-69.2 increases during a fiscal year by an amount greater than three percent (3%) of the market value of all invested assets of the Retirement Systems as of the prior fiscal year end, then the quarterlyquarterlyreport report provided shall describe how that increase complies with the duties described in G.S.
Page 22 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (2) A specific listing of all investments made with certified green managers and companies and funds that support sustainable practices, including the names of the companies, managers, and funds, the amount invested, and the State's return on investment.
DRS45360-MRp-94DSenate Bill 709-First Edition Page 23 General Assembly Of North Carolina Session 2025 (1) The beginning and ending market value of each investment program and deposits or withdrawals.
(2) Either a statement that the investment is managed internally bybythe the staff of the State Treasurer Investment Authority or the names of the external investment manager and the investment vehicle for that investment.
Page 24 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 (c) The Treasurer shall report to the Governor annually the exact balance in the treasury to the credit of the State, with a summary of the receipts and payments of the treasury during the preceding fiscal year, and so far as practicable an account of the same down to the termination of the current calendar year.
With respect to theRetirementSystems definedinG.S.definedin G.S.
(2) Shall diversify Diversify the investments of the fund fund, unless the State Treasurer Investment Authority reasonably determines that, because of DRS45360-MRp-94DSenate Bill 709-First Edition Page 25 General Assembly Of North Carolina Session 2025 special circumstances, including applicable investment restrictions, it is clearly prudent not to do so.
147-71.2(a), as enactedbySectionenactedbySection2.2ofthis 2.2 ofthis act, is amended by adding a new subdivision to read:
Page 26 DRS45360-MRp-94DSenate Bill 709-First Edition General Assembly Of North Carolina Session 2025 a.
… (c1) Except as to Articles 6 and 7 of this Chapter, this Chapter does not apply to anyanyof of the following:
… DRS45360-MRp-94DSenate Bill 709-First Edition Page 27 General Assembly Of North Carolina Session 2025 (23) The Executive Administrator of the State Health Plan for Teachers and State Employees.
(41) Employees of the North Carolina Investment AuthorityAuthorityestablished established under Part 5 of Article 6 of Chapter 147 of the General Statutes who possess specialized skills or knowledge necessary for the proper administration of investment programs and who are employed in a position designated by the Chief Investment Officer as exempt in accordance with G.S.
Page 28 DRS45360-MRp-94DSenate Bill 709-First Edition
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Action History
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Filed
Sponsors
- Timothy D. Moffitt · Cosponsor
- Tom McInnis · Cosponsor
- Michael V. Lee · Cosponsor
- Jr. David W. Craven · Primary
- Ralph Hise · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 3 co-sponsors · 174 not signed on
Sponsors (2)
- David W. Craven, Jr. Republican
- Ralph Hise Republican
Co-sponsors (3)
- Timothy D. Moffitt Republican
- Tom McInnis Republican
- Michael V. Lee Republican
Not signed on (174)
174 members have not signed on to this bill.
Show all 174 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 709?
- SB 709 is sponsored by Timothy D. Moffitt (Republican), Tom McInnis (Republican), Michael V. Lee (Republican), David W. Craven, Jr. (Republican), and Ralph Hise (Republican).
- What is the current status of SB 709?
- This bill is in committee in the Senate. Introduced March 25, 2025. It must pass committee before a floor vote.
- Where can I track SB 709?
- Track SB 709 free on One Click Politics — get push/email alerts when it moves.
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