GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 506 Committee Substitute Favorable 4/16/25 Short Title: 2025 State Investment Modernization Act.-AB (Public) Sponsors: Referred to: March 26, 2025 *H506 -v-2* A BILL TO BE ENTITLED 1 AN ACT TO ENACT THE 2025 STATE INVESTMENT MODERNIZATION ACT, AS 2 RECOMMENDED BY THE S TATE TREASURER. 3 The General Assembly of North Carolina enacts: 4 5 PART I. TECHNICAL REORGANIZATION OF ARTI CLE 6 OF CHAPTER 147 OF 6 THE GENERAL STATUTES 7 SECTION 1.1. Article 6 of Chapter 147 of the General Statutes is amended to add 8 the following new Parts: 9 (1) Part 1, to be entitled "General" and consisting of G.S. 147-65 through 10 G.S. 147-69. 11 (2) Part 2, to be entitled "Investments and Funds" and consisting of G.S. 147-69.1 12 through G.S. 147-69.7. 13 (3) Part 3, to be entitled "Reports and Audits" and consisting of G.S. 147-69.8 14 through G.S. 147-69.70. 15 (4) Part 4, to be entitled "North Carolina Investment Authority" and consisting of 16 G.S. 147-70.1 through G.S. 147-73.2. 17 (5) Part 5, to be entitled "Department Bookkeeping and Deposits" and consisting 18 of G.S. 147-74 through G.S. 147-86.2. 19 SECTION 1.2.(a) G.S. 147-65 is recodified as G.S. 147-65.2. 20 SECTION 1.2.(b) G.S. 147-69.3A is recodified as G.S. 147-67.1. 21 SECTION 1.2.(c) G.S. 147-69.11 is recodified as G.S. 147-73.2. 22 SECTION 1.2.(d) G.S. 147-69.7 is recodified as G.S. 147-70.6. 23 SECTION 1.2.(e) G.S. 147-70 is recodified as G.S. 147-68.3. 24 SECTION 1.2.(f) G.S. 147-71 is recodified as G.S. 147-68.4. 25 SECTION 1.2.(g) G.S. 147-72 is repealed. 26 SECTION 1.2.(h) G.S. 147-73 is repealed. 27 SECTION 1.2.(i) G.S. 147-75 is recodified as G.S. 147-66.2. 28 SECTION 1.2.(j) G.S. 147-75.1 is recodified as G.S. 147-68.5. 29 SECTION 1.2.(k) G.S. 147-86.2 is recodified as G.S. 147-68.6. 30 SECTION 1.3. Subsection (i2) of G.S. 147-69.3 is recodified as subsection (b) of 31 G.S. 147-65.2, as created by Section 1.2(a) of this Part. 32 SECTION 1.4. This Part is effective when it becomes law. 33 34 PART II. CREATION OF THE NORTH CAROLINA INVESTMENT AUTHORITY 35 General Assembly Of North Carolina Session 2025 Page 2 House Bill 506-Second Edition SECTION 2.1. Part 1 of Article 6 of Chapter 147 of the General Statutes, as created 1 and amended by Part I of this act, is amended by adding a new section to read: 2 "§ 147-65.1. Definitions. 3 The following definitions apply in this Article: 4 (1) Board of Directors. – The Board of Directors of the North Carolina Investment 5 Authority. 6 (2) Chief Investment Officer or CIO. – The Chief Investment Officer of the 7 Investment Authority. 8 (3) Department. – The Department of State Treasurer. 9 (4) Escheats Fund. – The Escheats Fund established under Article 1A of Chapter 10 116B of the General Statutes. 11 (5) Investment Authority. – The North Carolina Investment Authority, 12 established under Part 4 of this Article. 13 (6) Reserved for future codification purposes. 14 (7) Retirement Systems. – This term includes all of the following retirement 15 systems: 16 a. The Teachers' and State Employees' Retirement System, established 17 under Article 1 of Chapter 135 of the General Statutes. 18 b. The Consolidated Judicial Retirement System, established under 19 Article 4 of Chapter 135 of the General Statutes. 20 c. The North Carolina Firefighters' and Rescue Workers' Pension Fund, 21 established under Article 86 of Chapter 58 of the General Statutes. 22 d. The Local Governmental Employees' Retirement System, established 23 under Article 3 of Chapter 128 of the General Statutes. 24 e. The Legislative Retirement System of North Carolina, established 25 under Article 1A of Chapter 120 of the General Statutes. 26 f. The North Carolina National Guard Pension Fund, established under 27 Article 3 of Chapter 127A of the General Statutes. 28 g. The Registers of Deeds' Supplemental Pension Fund, established 29 under Article 3 of Chapter 161 of the General Statutes. 30 h. The Retiree Health Benefit Fund, established under G.S. 135-7(f). 31 i. The North Carolina Teachers' and State Employees' Benefit Trust, 32 established under G.S. 135-7(g). 33 (8) Treasurer. – The State Treasurer." 34 SECTION 2.2. Part 4 of Article 6 of Chapter 147 of the General Statutes, as created 35 and amended by Part I of this act, reads as rewritten: 36 "Part 4. North Carolina Investment Authority. 37 "§ 147-70.1. Creation of Investment Authority. 38 (a) Creation. – The North Carolina Investment Authority is created as a body corporate 39 and politic having the powers and jurisdiction as provided under this Article or any other law. 40 The Investment Authority is a State agency for the performance of essential governmental and 41 public functions. The Investment Authority is located within, but independent from the control 42 of, the Department of State Treasurer. The Investment Authority shall have perpetual succession. 43 (b) Independence. – The Investment Authority, in carrying out its statutory 44 responsibilities, shall be independent of any fiscal control exercised by the Director of the 45 Budget, the Department of Administration, and the Department of State Treasurer, including for 46 organizational, staffing, procurement, and budgetary purposes. Except as provided under 47 subsection (c) of this section and unless otherwise explicitly provided by law, the Investment 48 Authority is exempt from the State Budget Act, and the provisions of Chapter 143C of the 49 General Statutes do not apply to the Investment Authority. 50 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 3 (c) Fiduciary Funds. – In order for the Investment Authority to effectively operate the 1 investment programs under its management, all funds while under management of the Investment 2 Authority are Fiduciary Funds described under subdivisions (8) through (10) of G.S. 143C-1-3(a) 3 and shall be accounted for as specified in G.S. 147-69.3(f). 4 "§ 147-70.2. Powers and duties of the Investment Authority. 5 (a) In addition to the authority granted to the Investment Authority under this Article or 6 any other law, the Investment Authority shall have all of the powers necessary to execute the 7 provisions of this Part, including, at a minimum, the following powers: 8 (1) The right to sue and be sued. 9 (2) To take, demand, receive, and possess all kinds of real and personal property 10 necessary and proper for its purposes. 11 (3) To bargain, sell, grant, alienate, or dispose of all real and personal property as 12 it may lawfully acquire. 13 (b) The Investment Authority shall have the right to acquire fidelity bonds, fiduciary 14 insurance, directors' and officers' insurance, or errors and omissions coverage, as determined by 15 the Investment Authority board. This right is independent of any purchase of insurance by the 16 State Treasurer under G.S. 147-67.1. 17 (c) Pursuant to G.S. 143B-1320(b), the Investment Authority shall be exempt from the 18 provisions of Article 15 of Chapter 143B of the General Statutes. 19 "§ 147-70.3. Taxation of Investment Authority. 20 (a) Property owned or acquired by the Authority is exempt from all taxes imposed by the 21 State or any political subdivision of the State. 22 (b) The Investment Authority shall not be subject to State income taxes. 23 (c) This section shall not be construed to apply in any way to individual members of the 24 Board of Directors or any employee of the Investment Authority. 25 "§ 147-70.4. Confidentiality of Investment Authority records. 26 Any record or other information received or generated by the Investment Authority in order 27 to negotiate at arm's length investment transactions that constitute a trade secret, as defined in 28 G.S. 66-152, is not public record and is exempt from the requirements of Chapter 132 of the 29 General Statutes until the applicable negotiation is completed and unless the record or 30 information substantiates a conflict with the duties of the Investment Authority under 31 G.S. 147-70.6(a). 32 "§ 147-70.5. Criminal record checks. 33 (a) The Investment Authority may obtain from the State and National Repositories of 34 Criminal Histories or from any other lawful source the criminal history of any of the following 35 individuals: 36 (1) A current or prospective permanent or temporary employee of the Investment 37 Authority. 38 (2) A contractor with the Investment Authority. 39 (3) An employee or agent of a contractor with the Investment Authority who is 40 performing or will perform work for the Investment Authority. 41 (4) A volunteer of the Investment Authority. 42 (5) Any other individual otherwise engaged by the Investment Authority who will 43 have access to health or financial information or data maintained by the 44 Investment Authority that is confidential or otherwise nonpublic. 45 (b) The Investment Authority may deny employment to or dismiss any individual 46 identified under subdivisions (1), (2), (4), and (5) of subsection (a) of this section who refuses to 47 consent to a criminal history record check or to the use of fingerprints or other identifying 48 information required by the State or National Repositories of Criminal Histories. Any refusal 49 shall constitute just cause for the employment denial or the dismissal from employment. 50 General Assembly Of North Carolina Session 2025 Page 4 House Bill 506-Second Edition (c) The Investment Authority may extend a conditional offer of employment pending the 1 results of a criminal history record check authorized by this section. 2 … 3 "§ 147-71.1. Board of Directors. 4 (a) Membership. – The Investment Authority shall be governed by a Board of Directors. 5 The Board of Directors shall consist of the following voting members: 6 (1) The State Treasurer, who shall serve as an ex officio member. 7 (2) One member appointed by the General Assembly upon the recommendation 8 of the Speaker of the House of Representatives in accordance with 9 G.S. 120-121. 10 (3) One member appointed by the General Assembly upon the recommendation 11 of the President Pro Tempore of the Senate in accordance with G.S. 120-121. 12 (4) One member appointed by the Governor. 13 (5) One member appointed by the State Treasurer. 14 (b) Terms. – The four appointive directors of the Board of Directors shall be appointed 15 for staggered six‑year terms, except for the initial term. The initial term of the director appointed 16 by the President Pro Tempore of the Senate is one year. The initial term of the director appointed 17 by the Speaker of the House of Representatives is two years. The initial term of the director 18 appointed by the State Treasurer is three years. The initial term of the director appointed by the 19 Governor is four years. An appointive director whose term has expired but whose qualified 20 successor has not been appointed shall continue to serve on the Board of Directors until a 21 qualified successor is duly appointed, including by the State Treasurer after a holdover period of 22 six months or more as provided for under subsection (e) of this section. 23 (c) Qualifications to Serve. – No appointed director of the Board of Directors shall hold 24 any other public office in North Carolina, except that an appointed director may also have 25 membership on either or both of the Boards of Trustees under G.S. 128-28 and G.S. 135-6. All 26 appointed members of the Board of Directors shall have expert knowledge of investments and a 27 minimum of a 10-year track record of successful management in pension, endowment, or other 28 relevant investment management fields. The State Treasurer shall determine the sufficiency of a 29 prospective member's expert knowledge. 30 (d) Disqualifications to Serve. – An individual is not eligible to serve on the Board of 31 Directors if any of the following apply to that individual: 32 (1) The individual has been indicted or charged with, been convicted of, pleaded 33 guilty or nolo contendere to, or forfeited bail concerning a felony, or a 34 misdemeanor involving fraud, theft, or dishonesty under the laws of any 35 jurisdiction in the United States. 36 (2) The individual has had a judgment entered against him or her by a court of 37 competent jurisdiction in a civil matter involving a breach of fiduciary duties. 38 (3) The individual has been the subject of an adverse action by the Securities and 39 Exchange Commission which resulted in any sanction, payment of a fine, 40 injunction, or other negative finding, whether individually or as a partner, 41 principal member, managing director, or other position of leadership of any 42 entity subject to the penalty or finding. 43 (4) The individual, or the individual's spouse or immediate family member, is or 44 becomes employed by the Department of State Treasurer or by a service 45 provider engaged to invest or assist in the oversight of assets overseen by the 46 Investment Authority. 47 (5) The individual, or the individual's spouse or immediate family member, is an 48 endorser, obligor, or provider of surety for, or is a borrower of, any money 49 loaned to or borrowed from the assets overseen by the Board of Directors. 50 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 5 (e) Vacancies. – Any vacancy in a position held by an appointive member shall be filled 1 by a new appointment made by the applicable appointing authority for the vacant seat. If a seat 2 on the Board of Directors is vacant or held over for six months or more without an appointment 3 by the applicable appointing authority of an individual meeting the qualifications in this section, 4 then the State Treasurer may nominate a member for approval by the Board of Directors. Any 5 individual appointed to fill a vacancy shall serve only for the unexpired term. A vacancy 6 automatically occurs upon the death or resignation of a member of the Board of Directors or upon 7 the failure of a member of the Board of Directors to do any of the following: 8 (1) Attend meetings for three consecutive meetings unless excused by majority 9 vote of the other Board of Directors members. 10 (2) Cure a conflict of interest within 30 days of identification of the conflict. 11 (3) Agree to abide by the ethics policy adopted by the Board of Directors. 12 (f) Reappointment. – Any member of the Board of Directors is eligible for 13 reappointment, except that no appointive member of the Board of Directors may serve for more 14 than two consecutive, full, six-year terms without at least a one-year break in membership on the 15 Board of Directors. 16 (g) Oath. – Each appointive member of the Board of Directors shall take an oath of office 17 to administer the duties of office faithfully and impartially, and a record of the oath shall be filed 18 in the office of the Secretary of State. 19 (h) Officers. – The following shall apply to officers of the Board of Directors: 20 (1) The State Treasurer shall serve as chair of the Board of Directors. 21 (2) The State Treasurer shall designate a vice-chair from among the remaining 22 members of the Board of Directors. The term of the vice-chair extends to the 23 earlier of either three years or the date of expiration of the vice-chair's then 24 current term as a member of the Board of Directors. In the absence of the State 25 Treasurer or the Treasurer's designee, the vice-chair shall preside over the 26 proceedings of the Board of Directors. 27 (3) The Board of Directors shall appoint and prescribe the duties of a secretary, 28 who need not be a member of the Board of Directors. The secretary is the 29 custodian of all books, documents, and papers filed with the Board of 30 Directors and the minute book or journal of the Board of Directors. The 31 secretary shall keep a record of the proceedings of the Board of Directors. The 32 secretary has the authority to make copies of all minutes and other records and 33 documents of the Board of Directors. 34 (i) Designees. – The State Treasurer is authorized to appoint a designee. No other 35 member of the Board of Directors is authorized to appoint a designee. 36 (j) Compensation and Reimbursement. – Members of the Board of Directors shall 37 receive no compensation for their services. For attendance at meetings of the Board of Directors 38 or any committee of the Board of Directors, and for other services for the Investment Authority, 39 members of the Board of Directors shall receive per diem, subsistence, and travel allowances in 40 accordance with G.S. 138-5 or G.S. 138-6, as appropriate. 41 (k) Meetings and Voting. – The Board of Directors shall meet at least quarterly. A 42 meeting may be called by the State Treasurer or by a majority of the Board of Directors. The 43 State Treasurer or the Treasurer's designee shall establish the agenda for each meeting. A 44 minimum of three members of the Board of Directors is required for quorum. The affirmative 45 vote of a majority of the members of the Board of Directors present at a meeting of the Board of 46 Directors that has been duly called and held is required for any action taken by the Investment 47 Authority, except that the State Treasurer's vote shall prevail in the event of a tied vote. 48 "§ 147-71.2. Duties of the Board of Directors. 49 (a) Investment-Related Powers and Duties. – The Board of Directors has all of the 50 following investment-related powers and duties: 51 General Assembly Of North Carolina Session 2025 Page 6 House Bill 506-Second Edition (1) The Board of Directors has the authority to approve all of the following: 1 a. Investment policy statements to include investment objectives, 2 strategic asset allocation, and policy benchmarks. 3 b. Risk budgets, including related limits for key risk indicators. 4 c. The appointment of a master global custodian bank. 5 d. Annual operating budgets for investment programs. 6 e. Market-oriented compensation plans. 7 (2) The Board of Directors shall periodically review all of the following: 8 a. Investment performance and investment manager appointment and 9 termination activities. 10 b. Investment strategies, policies, and tactical considerations. 11 c. Asset liability studies. 12 d. Performance benchmarks and key risk indicators. 13 e. Audited investment financial statements and audit reports pursuant to 14 G.S. 147-69.9. 15 f. Independent evaluation of governance, operations, and investment 16 practices. 17 g. Periodic cost-effectiveness studies of the investment programs. 18 (3) The Board of Directors shall appoint a Chief Investment Officer of the 19 Investment Authority. 20 (4) With respect to Retirement Systems' assets, at least biennially, the Board of 21 Directors shall approve an absolute risk operating range. The absolute risk 22 operating range shall be expressed in equity and debt allocation equivalency 23 terms and shall meet all of the following criteria: 24 a. The range is deemed appropriate in seeking to maximize long-term 25 returns. 26 b. The risk is not considered undue relative to other similarly situated 27 U.S. public pension funds. An assessment of compliance with this 28 requirement related to undue risk shall be construed in a manner 29 consistent with subsections (c) and (d) of G.S. 147-70.6. 30 c. In setting the range, the Board of Directors has taken into 31 consideration all of the factors affecting the funding of the Retirement 32 Systems and each of the Retirement Systems' ability to meet its 33 financial obligations. 34 (5) The Board of Directors shall utilize the approved absolute risk operating range 35 under subdivision (4) of this subsection to recommend investment return 36 assumptions to (i) the Board of Trustees of the Local Governmental 37 Retirement System, (ii) the Board of Trustees of the Teachers' and State 38 Employees' Retirement System, and (iii) the actuaries engaged to prepare 39 annual actuarial valuations. 40 (b) Annual Internal Budget. – The Board of Directors shall not approve an annual internal 41 budget for the Investment Authority that exceeds three basis points of a rolling three-year average 42 of total assets invested by the Investment Authority, unless the Investment Authority reasonably 43 determines that, because of special circumstances, including applicable investment restrictions, 44 it is clearly not prudent to do so. The annual internal budget includes expenditures directly 45 associated with services retained by the Investment Authority in accordance with subsection (c) 46 of this section and employee compensation and benefits. The Investment Authority's approved 47 annual internal budget as well as the Investment Authority's actual spending for the prior fiscal 48 year shall be annually reported to the Joint Legislative Commission on Governmental Operations, 49 the House of Representatives Appropriations Committee, the Senate Appropriations/Base 50 Budget Committee, and the Fiscal Research Division. 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 7 (c) Authority to Contract for Services. – Notwithstanding Article 3 of Chapter 143 of the 1 General Statutes, G.S. 114-2.3, and G.S. 147-17, the Investment Authority is authorized to 2 independently retain the services of appraisers, auditors, actuaries, attorneys, investment 3 consultants, statisticians, custodians, information technology professionals, or other persons or 4 firms possessing specialized skills or knowledge necessary for the proper administration of 5 investment programs created pursuant to this section. 6 (d) Setting of Compensation Plans. – In order to promote achievement of long-term 7 investment objectives and to retain key public employees with investment functions, the 8 Investment Authority is authorized to establish, consistent with the Investment Authority's 9 fiduciary duties, market-oriented compensation plans, including salaries and performance-related 10 bonuses, for employees possessing specialized skills or knowledge necessary for the proper 11 administration of investment programs. The design and administration of those compensation 12 plans shall be based on compensation studies conducted by a nationally recognized firm 13 specializing in public fund investment compensation. The compensation and other associated 14 employee benefits shall be apportioned directly from the investment program. The Investment 15 Authority shall report the salaries and bonuses paid to the Joint Legislative Oversight Committee 16 on General Government annually. 17 "§ 147-71.3. Liability of Board of Directors. 18 An individual serving on the Board of Directors shall be immune individually from civil 19 liability for monetary damages, except to the extent covered by insurance, for any act or failure 20 to act arising out of that service, except where any of the following apply: 21 (1) The individual was not acting within the scope of that individual's official 22 duties. 23 (2) The individual was not acting in good faith. 24 (3) The individual committed gross negligence or willful or wanton misconduct 25 that resulted in the damages or injury. 26 (4) The individual derived an improper personal financial benefit, either directly 27 or indirectly, from the transaction. 28 (5) The individual incurred the liability from the operation of a motor vehicle. 29 … 30 "§ 147-72.1. Chief Investment Officer. 31 (a) Principal Executive Officer. – The Chief Investment Officer is the Investment 32 Authority's principal executive officer and is responsible to the Board of Directors. 33 (b) Appointment and Term. – The CIO shall be appointed by a majority vote of the Board 34 of Directors, and any vacancy may be so filled by the Board of Directors. An individual appointed 35 as the CIO shall have expert knowledge of investments and a minimum of a 15-year track record 36 of successful management in pension, endowment, or other relevant investment management 37 arenas. The term of employment and compensation of the CIO is set by the Board of Directors, 38 except that each term of employment shall be limited to five years or less. The CIO is eligible 39 for multiple terms of employment without interruption. The CIO may be removed from office by 40 the Board of Directors. 41 (c) Employment of Staff. – The Chief Investment Officer shall employ staff necessary to 42 assist the CIO and the Board of Directors in carrying out duties and responsibilities under this 43 Article or as prescribed in any other law. Unless otherwise provided by law, Investment Authority 44 employees shall serve at the pleasure of the CIO and any vacancies in these positions may be 45 filled by the CIO. The CIO may designate managerial, professional, and policy-making positions 46 as exempt from the North Carolina Human Resources Act, in accordance with G.S. 126-5(c1). 47 Compensation of employees is set by the CIO within the limits set by the compensation plan 48 approved by the Board of Directors under G.S. 147-71.2. 49 (d) Contract Negotiation. – The CIO may negotiate, renegotiate, and execute contracts 50 with third parties in the performance of the CIO's duties and responsibilities under this Article. 51 General Assembly Of North Carolina Session 2025 Page 8 House Bill 506-Second Edition Any delegation of authority by the Board of Directors shall require Board of Directors approval 1 and shall reserve certain strategic decisions and extraordinary investment decisions to the Board 2 of Directors. Contract execution with master global custodian banks and external auditors shall 3 be done only after approved by the Board of Directors. 4 … 5 "§ 147-73.2. Ethics policies. 6 To ensure that the State Treasurer's Investment Authority investment programs operate under 7 a strong governance framework with rigorous internal controls and a high degree of operational 8 transparency and are managed with the highest ethical and professional standards and in the most 9 efficient and effective manner possible, the State Treasurer, after consultation with the 10 Investment Advisory Committee, is authorized and required to Board of Directors shall adopt 11 policies and procedures on the following topics: 12 (1) Requiring that the Department of State Treasurer's Investment Management 13 Division Investment Authority adopt a code of ethics. 14 (2) Requiring all employees of the Department Investment Authority who have 15 responsibility for matters related to investments to be provided with training 16 with respect to the discharge of their duties and responsibilities to the funds. 17 (3) Governing gifts to employees of the Department Investment Authority who 18 have responsibility for matters related to investments. 19 (4) Imposing limitations on external investment managers' use of placement 20 agents and other persons that appear before the Department Investment 21 Authority to ensure that these persons play only a proper role in investment 22 opportunities. 23 (5) As a component of the investment due diligence, negotiations, and contracting 24 process, requiring an independent assessment of whether circumstances exist 25 that create a material risk that professional judgement or actions regarding a 26 potential investment arrangement's recommendation, approval, or execution 27 have been or will be unduly influenced by a direct or indirect personal 28 interest." 29 SECTION 2.3.(a) Rules, codes of ethics, policies, and procedures adopted by the 30 State Treasurer in effect on June 30, 2025, that are impacted by the change in authority from the 31 State Treasurer or Department of State Treasurer to the Investment Authority under this Part shall 32 remain in effect until amended by law, amended by the Investment Authority, or repealed. 33 SECTION 2.3.(b) Before January 1, 2026, when the Investment Authority shall 34 begin to manage investments under Part III of this act, funds appropriated to the Department of 35 State Treasurer and funds available to the Department of State Treasurer under G.S. 147-69.3 36 may be used to pay any expenses of the Investment Authority. 37 SECTION 2.4. This Part is effective July 1, 2025. 38 39 PART III. NORTH CARO LINA INVESTMENT AUTH ORITY TO MANAGE 40 INVESTMENTS AND BEGI N CARRYING OUT STATU TORY DUTIES JANUARY 1, 41 2026 42 SECTION 3.1.(a) Part 2 of Article 6 of Chapter 147 of the General Statutes, as 43 created and amended by Part I of this act, reads as rewritten: 44 "Part 2. Investments and Funds 45 "§ 147-69.1. Investments authorized for General Fund and Highway Funds assets. 46 (a) The Governor and Council of State, with the advice and assistance of the State 47 Treasurer, shall Treasurer and the Investment Authority, may adopt such rules and regulations as 48 shall be necessary and appropriate to implement the provisions for the implementation of this 49 section. 50 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 9 (b) This section applies to funds held by deposited with the State Treasurer to the credit 1 of:of all of the following: 2 (1) The General Fund;Fund. 3 (2) The Highway Fund and Highway Trust Fund. 4 (c) It shall be is the duty of the State Treasurer Investment Authority to invest the cash 5 of the funds enumerated in subsection (b) of this section in excess of the amount required to meet 6 the current needs and demands on such those funds, selecting from among the following: 7 (1) Obligations of the United States or obligations fully guaranteed both as to 8 principal and interest by the United States. 9 (2) Obligations of the Federal Farm Credit Bank, the Federal Home Loan Banks, 10 the Federal Home Loan Mortgage Corporation, Fannie Mae, the Government 11 National Mortgage Association, the International Bank for Reconstruction 12 and Development, the International Finance Corporation, the Inter-American 13 Development Bank, the Asian Development Bank, and the African 14 Development Bank. 15 (3) Repurchase Agreements with respect to one or more of the following: 16 a. Securities issued or guaranteed by the United States government or its 17 agencies. 18 b. Securities eligible for investment by this section executed by a bank 19 or trust company or by primary or other reporting dealers to the 20 Federal Reserve Bank of New York. 21 c. Securities eligible for investment by this section executed by a 22 registered broker-dealer that is subject to the rules and regulations of 23 the U.S. Securities and Exchange Commission and is a member in 24 good standing of the Financial Industry Regulatory Authority. 25 (4) Obligations of the State of North Carolina. 26 (5) Certificates of deposit and other deposit accounts of financial institutions 27 under any of the following conditions: 28 a. With financial institutions with a physical presence in the State for the 29 purpose of receiving commercial or retail deposits; provided that any 30 principal amount of such deposit in excess of the amount insured by 31 the federal government or any agency thereof, be fully secured by 32 surety bonds, or be fully collateralized; provided further that the rate 33 of return or investment yield may not be less than that available in the 34 market on United States government or agency obligations of 35 comparable maturity. 36 b. With financial institutions with a physical presence inside or outside 37 the State, in accordance with all of the following conditions: 38 1. The funds are initially deposited through a bank or savings and 39 loan association in the State that is an official depository and 40 that is selected by the State Treasurer, provided that the rate of 41 return or investment yield shall not be less than that available 42 in the market on United States government or agency 43 obligations of comparable maturity. 44 2. The selected bank or savings and loan association arranges for 45 the redeposit of the funds in deposit accounts of the State in 46 one or more federally insured banks or savings and loan 47 associations wherever located, provided that no State funds 48 shall be deposited in a bank or savings and loan association 49 that at the time holds other deposits from the State. 50 General Assembly Of North Carolina Session 2025 Page 10 House Bill 506-Second Edition 3. The full amount of principal and any accrued interest of each 1 deposit account are covered by federal deposit insurance. 2 4. The selected bank or savings and loan association acts as 3 custodian for the State with respect to the deposit in the State's 4 account. 5 5. On the same date that the State funds are redeposited, the 6 selected bank or savings and loan association receives an 7 amount of federally insured deposits from customers of other 8 financial institutions wherever located equal to or greater than 9 the amount of the funds invested by the State through the 10 selected bank or savings and loan association pursuant to this 11 sub-subdivision. 12 … 13 (7) Prime quality commercial paper that, when acquired, bears the highest rating, 14 such as a minimum of "P1," "A1," or "F1," of at least one nationally 15 recognized rating service designated by the U.S. Securities and Exchange 16 Commission, and does not bear a rating below the highest by any nationally 17 recognized rating service which rates the particular obligation. 18 (8) Bills of exchange or time drafts drawn on and accepted by a commercial bank 19 and eligible for use as collateral by member banks in borrowing from a federal 20 reserve bank, provided that when bills or drafts are acquired, the accepting 21 bank or its holding company is either (i) incorporated in the State of North 22 Carolina or (ii) has outstanding publicly held obligations that bear the highest 23 rating, such as a minimum of "P1," "A1," or "F1," of at least one nationally 24 recognized rating service designated by the U.S. Securities and Exchange 25 Commission, and do not bear a rating below the highest by any nationally 26 recognized rating service which rates the particular obligations. 27 (9) Asset-backed securities (whether considered debt or equity) provided, when 28 acquired, the securities bear the highest rating, such as "AAA" or "Aaa," of at 29 least one nationally recognized rating service designated by the U.S. 30 Securities and Exchange Commission, and do not bear a rating below the 31 highest rating by any nationally recognized rating service which rates the 32 particular securities. 33 (10) Corporate bonds and notes provided they, when acquired, bear the highest 34 rating, such as "AAA" or "Aaa," of at least one nationally recognized rating 35 service designated by the U.S. Securities and Exchange Commission, and do 36 not bear a rating below the highest by any nationally recognized rating service 37 which rates the particular obligation. 38 (d) Unless otherwise provided by law, the interest or income received and accruing from 39 all deposits or investments of such cash balances shall be paid into the State's General Fund, 40 except that all interest or income received and accruing on the monthly balance of the Highway 41 Fund and Highway Trust Fund shall be paid into the State Highway Fund and Highway Trust 42 Fund. The cash balances of the several funds may be combined for deposit or investment 43 purposes; and when such combined deposits or investments are made, the interest or income 44 received and accruing from all deposits or investments shall be prorated among the funds in 45 conformity with applicable law and the rules and regulations adopted by the Governor and 46 Council of State. 47 … 48 "§ 147-69.2. Investments authorized for special funds held by State Treasurer. 49 (a) This section applies to funds held by the State Treasurer to the credit of each of the 50 following: 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 11 (1) The Teachers' and State Employees' Retirement System of North Carolina. 1 (2) The Consolidated Judicial Retirement System of North Carolina. 2 (3) The State Health Plan for Teachers and State Employees. 3 … 4 (5) The Disability Salary Continuation Income Plan of North Carolina. 5 (6) The North Carolina Firefighters' and Rescue Squad Workers' Pension Fund. 6 (7) The North Carolina Local Governmental Employees' Retirement System. 7 (8) The Legislative Retirement System of North Carolina. 8 (9) The Escheat Fund. 9 (10) The Legislative Retirement Fund. 10 (11) The State Education Assistance Authority. 11 (12) The State Property Fire Insurance Fund. 12 … 13 (16) The Liability Insurance Trust Fund. 14 (16a) The University of North Carolina Hospitals at Chapel Hill funds, except 15 appropriated funds, deposited with the State Treasurer pursuant to 16 G.S. 116-350.40. 17 (17) Trust funds of The University of North Carolina and its constituent institutions 18 deposited with the State Treasurer pursuant to G.S. 116-36.1. 19 (17a) North Carolina Veterans Home Trust Fund. 20 (17b) North Carolina National Guard Pension Fund. 21 (17c) Retiree Health Benefit Fund. 22 (17d) The Election Fund. 23 (17e) The North Carolina State Lottery Fund. 24 (17f) Funds deposited with the State Treasurer by public hospitals pursuant to 25 G.S. 159-39(g). 26 (17g) Funds deposited with the State Treasurer by Local Government Other 27 Post-Employment Benefits Trusts pursuant to G.S. 159-30.1. 28 (17h) The Local Government Law Enforcement Special Separation Allowance 29 Fund. 30 (17i) The North Carolina Conservation Easement Endowment Fund. 31 (17j) The Conservation Grant Fund. 32 (17k) The Wildlife Endowment Fund. 33 (17l) The Ecosystem Restoration Fund. 34 (17m) The Needs-Based Public School Capital Fund. 35 (17n) The Riparian Buffer Restoration Fund. 36 (18) Any other special fund created by or pursuant to law for purposes other than 37 meeting appropriations made pursuant to the Executive Budget Act. 38 (19) The Swain County Settlement Trust Fund. 39 (20) Institutional funds of the colleges of the North Carolina Community College 40 System. 41 (21) The Disability Income Plan of North Carolina. 42 … 43 (23) The Catawba Unit No. 1 Decommissioning Trust Fund and the Catawba Unit 44 No. 2 Decommissioning Trust Fund established by North Carolina Municipal 45 Power Agency Number 1, as described in G.S. 159B-18(b)(6). 46 (24) Funds deposited with the State Treasurer by charter schools pursuant to 47 G.S. 115C-218.15(f). 48 (b) It shall be the duty of the State Treasurer Investment Authority to invest the cash of 49 the funds enumerated in subsection (a) of this section in excess of the amount required to meet 50 the current needs and demands on these funds. The State Treasurer Investment Authority may 51 General Assembly Of North Carolina Session 2025 Page 12 House Bill 506-Second Edition invest the funds as provided in this subsection in the manner authorized by subsection (e) of this 1 section. If an investment was authorized by this subsection at the time the investment was made 2 or contractually committed to be made, then that investment shall continue to be authorized by 3 this subsection, and none of the percentage or other limitation on investments set forth in this 4 subsection shall be construed to require the State Treasurer Investment Authority to subsequently 5 dispose of the investment or fail to honor any contractual commitments as a result of changes in 6 market values, ratings, or other investment qualifications. For purposes of computing market 7 values on which percentage limitations on investments in this subsection are based, all 8 investments shall be valued as of the last date of the most recent fiscal quarter. Notwithstanding 9 anything in this section to the contrary, the State Treasurer Investment Authority shall categorize 10 investment management arrangements according to the primary investment type or primary 11 strategy utilized under the arrangement authorized under subsection (e) of this section. No 12 investment management arrangement may be categorized in more than one of the subdivisions 13 of this section. The State Treasurer Investment Authority shall select from among the following 14 investments subject to the following any stipulated limitations and requirements:requirements: 15 (1) Investments authorized by G.S. 147-69.1(c)(1)-(7). 16 (2) General obligations of other states of the United States. 17 (3) General obligations of cities, counties and special districts in North Carolina. 18 (4) Obligations of any company, other organization or legal entity incorporated 19 or otherwise created or located within or outside the United States, including 20 obligations that are convertible into equity securities, if, when acquired, the 21 obligations are within one of the four highest rating categories regardless of 22 gradations, such as ratings beginning with "AAA," "AA," "A," or either 23 "BBB" or "Baa," of at least one nationally recognized rating service 24 designated by the U.S. Securities and Exchange Commission. 25 … 26 (6) Asset-backed securities (whether securities, whether considered debt or 27 equity), equity, if, when acquired, the obligations are within one of the four 28 highest ratings categories regardless of gradations, such as ratings beginning 29 with "AAA," "AA," "A," or either "BBB" or "Baa," of at least one nationally 30 recognized rating service designated by the U.S. Securities and Exchange 31 Commission. 32 (6a) In addition to the limitations and requirements with respect to the investments 33 of the Retirement Systems set forth in under this subsection, the State 34 Treasurer Investment Authority shall select investments of the assets of the 35 Retirement Systems such that investments made pursuant to subdivisions 36 (b)(1) (1) through (6) of this section subsection shall at all times equal or 37 exceed twenty percent (20%) of the market value of all invested assets of the 38 Retirement Systems. 39 … 40 (6c) With respect to Retirement Systems' assets referred to in subdivision (b)(8), 41 they may be invested, within or outside the United States, in obligations, debt 42 securities, and asset-backed securities, whether considered debt or equity, 43 including obligations and securities convertible into other securities, that do 44 not meet the requirements of any of subdivisions (b)(1) (1) through (6) of this 45 section subsection nor subdivision (b)(7) (7) of this section. The amount 46 invested under this subdivision shall not exceed seven and one-half percent 47 (7.5%) of the market value of all invested assets of the Retirement 48 Systems.subsection. 49 (7) Retirement Systems' assets referred to in subdivision (8) of this subsection 50 may be invested in strategies managed primarily for the purpose of owning 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 13 real estate or related debt financing, excluding asset-backed financing and 1 timberlands, located within or outside the United States. The amount invested 2 under this subdivision shall not exceed ten percent (10%) of the market value 3 of all invested assets of the Retirement Systems. 4 (8) With respect to assets of the Teachers' and State Employees' Retirement 5 System, the Consolidated Judicial Retirement System, the Firefighters' and 6 Rescue Workers' Pension Fund, the Local Governmental Employees' 7 Retirement System, the Legislative Retirement System, the North Carolina 8 National Guard Pension Fund, the Registers of Deeds' Supplemental Pension 9 Fund, and the Retiree Health Benefit Fund (hereinafter referred to collectively 10 as the Retirement Systems), they Retirement Systems' assets may be invested 11 in a strategy composed primarily of equity securities traded on a public 12 securities exchange or market organized and regulated pursuant to the laws of 13 the jurisdiction of the exchange or market and issued by any company 14 incorporated or otherwise created or located within or outside the United 15 States as long as the investments meet the conditions of this subdivision. The 16 investments authorized for the Retirement Systems under this subdivision are 17 subject to the following limitations: 18 … 19 a1. The aggregate amount of the investments cannot exceed sixty-five 20 percent (65%) of the market value of all invested assets of the 21 Retirement Systems. 22 b. The aggregate amount of the investment invested through investment 23 companies described in sub-subdivision (e)(4)b. of this section shall 24 not exceed eight and one-half percent (8.5%) of the market value of 25 all invested assets of the Retirement Systems, except that the market 26 value of group trusts and individual, common, or collective trust funds 27 of banks and trust companies shall not be applied against this limit. 28 … 29 (9) With respect to Retirement Systems' assets, as defined in subdivision (b)(8) 30 of this subsection, they assets may be invested in (i) a strategy composed 31 primarily of private equity, or corporate buyout transactions, within or outside 32 the United States or (ii) an arrangement authorized under subsection (e) of this 33 section with the primary purpose to engage in other strategies not expressly 34 authorized by any other subdivision of this subsection. The amount invested 35 under this subdivision shall not exceed eight and three-quarters percent 36 (8.75%) of the market value of all invested assets of the Retirement Systems. 37 (9a) With respect to Retirement Systems' assets, as defined in subdivision (b)(8) 38 of this subsection, they assets may be invested, within or outside the United 39 States, in obligations, debt securities, asset-backed securities, whether 40 considered debt or equity, and other investments that are acquired by the 41 Treasurer Investment Authority for the primary purpose of providing 42 protection against risks associated with inflation, along with owning real 43 assets or related debt financing, including, but not limited to, timberland, 44 natural resources, commodities, infrastructure, transportation, agriculture, and 45 other tangible and intangible real assets. The amount invested under this 46 subdivision shall not exceed seven and one-half percent (7.5%) of the market 47 value of all invested assets of the Retirement Systems. 48 … 49 (10a) With respect to Retirement Systems' assets, as defined in subdivision (8) of 50 this subsection, the market value of any of subdivision (6c) or (7), 51 General Assembly Of North Carolina Session 2025 Page 14 House Bill 506-Second Edition sub-subdivision b. of subdivision (8), or subdivision (9) or (9a) of this 1 subsection shall not exceed ten percent (10%) of the market value of all 2 invested assets of the Retirement Systems; and the The aggregate market value 3 of all assets invested pursuant to subdivisions (6c) and (7), sub-subdivision b. 4 of subdivision (8), and subdivisions (9) and (9a) (6c), (7), (8), (9), and (9a) of 5 this subsection shall not exceed thirty-five percent (35%) eighty percent 6 (80%) of the market value of all invested assets of the Retirement Systems. 7 (10b) The market value of illiquid investments, as determined by the Board of 8 Directors, shall not exceed forty percent (40%) of the market value of all 9 invested assets of the Retirement System. 10 … 11 (12) It is the intent of the General Assembly that the Escheat Fund provide a 12 perpetual and sustainable source of funding for the purposes authorized by the 13 State Constitution. Accordingly, the following provisions apply:apply to the 14 assets of the Escheat Fund: 15 a. With respect to The Investment Authority may invest the assets of the 16 Escheat Fund, in addition to Fund in those investments authorized by 17 subdivisions (1) through (6) of this subsection, up to ten percent (10%) 18 subsection. Up to eighty percent (80%) of the assets may be invested 19 in the investments authorized under subdivisions (6c) through (9a) of 20 this subsection, notwithstanding the percentage limitations imposed on 21 the Retirement Systems' investments under those subdivisions, and 22 provided that the State Treasurer subsection. The Investment 23 Authority may invest the assets as provided in subsection (e) of this 24 section. 25 … 26 c. The State Treasurer shall The Investment Authority may invest, in 27 addition to those investments authorized by sub-subdivision a. ten 28 percent (10%) of the net assets of the Escheat Fund as authorized under 29 G.S. 147-69.2A. 30 (b1) The State Treasurer shall appoint an Investment Advisory Committee, which shall 31 consist of seven members: the State Treasurer, who shall be chairman ex officio; two members 32 selected from among the members of the boards of trustees of the Retirement Systems; and four 33 members selected from the general public. All appointed members must have experience in areas 34 relevant to the administration of a large, diversified investment program, including, but not 35 limited to, investment management, securities law, real estate development, or absolute return 36 strategies. The State Treasurer shall also appoint a Secretary of the Investment Advisory 37 Committee who need not be a member of the committee. Members of the committee shall receive 38 for their services the same per diem and allowances granted to members of the State boards and 39 commissions generally. The committee shall have advisory powers only and membership shall 40 not be deemed a public office within the meaning of Article VI, Section 9 of the Constitution of 41 North Carolina or G.S. 128-1.1. 42 (b2) The State Treasurer Investment Authority may invest funds deposited pursuant to 43 subdivision (a)(17f) of this section in any of the investments authorized under subdivisions (b)(1) 44 through (6), subdivision (b)(6c), and subdivision (b)(8) of this section, notwithstanding the 45 percentage limitations imposed on the Retirement Systems' investments therein. section. The 46 State Treasurer Investment Authority may require a minimum deposit, up to one hundred 47 thousand dollars ($100,000), and may assess reasonable fees, not to exceed 15 basis points per 48 annum, as a condition of participation pursuant to this subsection. Funds deposited pursuant to 49 this subsection by a hospital shall remain the funds of that hospital, and interest or other 50 investment income earned thereon shall be prorated and credited to the contributing hospital on 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 15 the basis of the amounts thereof contributed, figured according to sound accounting principles. 1 Fees assessed by the State Treasurer Investment Authority may be used to defray the cost of 2 administering investments pursuant to this subsection and expenditures authorized under this 3 section. 4 (b3) The State Treasurer Investment Authority may invest funds deposited pursuant to 5 subdivision (a)(16a) of this section in any of the investments authorized under subdivisions (1) 6 through (6), subdivision (6c) and subdivision (b)(8) of this section, notwithstanding the 7 percentage limitations imposed on the Retirement Systems' investments therein. section. The 8 State Treasurer Investment Authority may require a minimum deposit, up to one hundred 9 thousand dollars ($100,000), and may assess reasonable fees, not to exceed 15 basis points per 10 annum, as a condition of participation pursuant to this subsection. Funds deposited pursuant to 11 this subsection by the University of North Carolina Hospitals at Chapel Hill shall remain the 12 funds of the University of North Carolina Hospitals at Chapel Hill, and interest or other 13 investment income earned thereon shall be prorated and credited to the University of North 14 Carolina Hospitals at Chapel Hill on the basis of the amounts thereof contributed, figured 15 according to sound accounting principles. Fees assessed by the State Treasurer Investment 16 Authority may be used to defray the cost of administering investments pursuant to this subsection 17 and expenditures authorized under this section. 18 (b4) In addition to the investments authorized under subdivisions (b)(1) through (6) of this 19 section, the State Treasurer Investment Authority may invest funds deposited pursuant to 20 subdivision (17g) of subsection (a) of this section in any of the investments authorized under 21 subdivisions (b)(6c) and (b)(8) of this section, notwithstanding the percentage limitations 22 imposed on the Retirement Systems' investments therein. section. Funds deposited pursuant to 23 this subsection by a Local Government Other Post-Employment Benefits Trust and interest or 24 other investment income earned from those funds shall be prorated and credited to the 25 contributing trust on the basis of the amounts contributed, figured according to sound accounting 26 principles. For investments under subdivisions (b)(6c) and (b)(8) of this section, the State 27 Treasurer Investment Authority may require a minimum deposit of up to one hundred thousand 28 dollars ($100,000) and may assess reasonable fees of up to 15 basis points per annum as a 29 condition of participation pursuant to this subsection. Fees assessed by the State Treasurer 30 Investment Authority may be used to defray the costs of administering the Fund and expenditures 31 authorized under this section. 32 (b5) In addition to the investments authorized under subdivisions (b)(1) through (6) of this 33 section, the State Treasurer Investment Authority may invest funds deposited in the Local 34 Government Law Enforcement Special Separation Allowance Fund in any of the investments 35 authorized under subdivisions (b)(6c) and (b)(8) of this section, notwithstanding the percentage 36 limitations imposed on the Retirement Systems' investments therein. section. For investments 37 from that Fund made under subdivisions (b)(6c) and (b)(8) of this section, the State Treasurer 38 Investment Authority may require a minimum deposit of up to one hundred thousand dollars 39 ($100,000) and may assess reasonable fees of up to 15 basis points per annum as a condition of 40 making the investment. The fee may be used to defray the costs of administering the Fund and 41 expenditures authorized under this section. 42 (b6) In addition to the investments authorized under subdivisions (b)(1) through (6) of this 43 section, the State Treasurer Investment Authority may invest funds deposited in the Catawba 44 Unit No. 1 Decommissioning Trust Fund and the Catawba Unit No. 2 Decommissioning Trust 45 Fund in any of the investments authorized under subdivisions (b)(6c) and (b)(8) of this section, 46 notwithstanding the percentage limitations imposed on the Retirement Systems' investments 47 therein. section. For investments from the Funds made under subdivisions (b)(6c) and (b)(8) of 48 this section, the State Treasurer Investment Authority may require a minimum deposit of up to 49 one hundred thousand dollars ($100,000) and may assess reasonable fees of up to 15 basis points 50 General Assembly Of North Carolina Session 2025 Page 16 House Bill 506-Second Edition per annum as a condition of making the investment. The fee may be used to defray the costs of 1 administering the Fund and expenditures authorized under this section. 2 (b7) In addition to the investments authorized under subdivisions (b)(1) through (6) of this 3 section, the State Treasurer Investment Authority may invest funds deposited in the Swain 4 County Settlement Trust Fund in any of the investments authorized under subdivision (b)(8) of 5 this section, notwithstanding the percentage limitations imposed on the Retirement Systems' 6 investments therein. section. For investments from that Fund made under subdivision (b)(8) of 7 this section, the State Treasurer Investment Authority may require a minimum deposit of up to 8 one hundred thousand dollars ($100,000) and may assess reasonable fees of up to 15 basis points 9 per annum as a condition of making the investment. The fee may be used to defray the costs of 10 administering the Fund and expenditures authorized under this section. 11 (b8) In addition to the investments authorized under subdivisions (b)(1) through (6) of this 12 section, the State Treasurer Investment Authority may invest funds deposited pursuant to 13 subdivision (24) of subsection (a) of this section in any of the investments authorized under 14 subdivisions (b)(6c) and (b)(8) of this section, notwithstanding the percentage limitations 15 imposed on the Retirement Systems' investments therein. For investments from that Fund made 16 under subdivisions (b)(6c) and (b)(8) of this section, the State Treasurer Investment Authority 17 may require a minimum deposit of up to fifty thousand dollars ($50,000) and may assess 18 reasonable fees of up to 15 basis points per annum as a condition of making the investment. The 19 fee may be used to defray the costs of administering investments and expenditures authorized 20 under this section. 21 … 22 (d) The State Treasurer Investment Authority may invest funds deposited pursuant to 23 subdivisions (17i), (17j), (17k), (17l), and (17n) of subsection (a) of this section in any of the 24 investments authorized under subdivisions (1) through (6) and subdivision (8) of subsection (b) 25 of this section. The State Treasurer Investment Authority may require a minimum deposit, up to 26 one hundred thousand dollars ($100,000), and may assess a reasonable fee, not to exceed 15 basis 27 points, as a condition of participation pursuant to this subsection. Fees assessed by the State 28 Treasurer Investment Authority may be used to defray the costs of administering the funds and 29 expenditures authorized under this section. Funds deposited pursuant to this subsection shall 30 remain the funds of the North Carolina Conservation Easement Endowment Fund, the 31 Conservation Grant Fund, the Ecosystem Restoration Fund, the Riparian Buffer Restoration 32 Fund, or the Wildlife Endowment Fund, as applicable, and interest or other investment income 33 earned thereon shall be prorated and credited to the North Carolina Conservation Easement 34 Endowment Fund, the Conservation Grant Fund, the Ecosystem Restoration Fund, the Riparian 35 Buffer Restoration Fund, or the Wildlife Endowment Fund on the basis of the amounts 36 contributed to the respective Funds, figured according to sound accounting principles. 37 (e) Investments made pursuant to this section may be made as internally managed 38 investments by the State Treasurer Investment Authority or may be made through third-party 39 investment management arrangements, under the following conditions: 40 (1) Internally managed portfolios shall be subject to industry standard portfolio 41 guidelines developed with periodic consultation by the Investment Advisory 42 Committee.guidelines. 43 (2) In assessing whether to invest directly or to utilize indirect third-party 44 investment management arrangements, the State Treasurer Investment 45 Authority shall consider all relevant material factors he or she considers 46 relevant to the decision consistent with the Treasurer's Investment Authority's 47 fiduciary duties under G.S. 147-69.7, G.S. 147-70.6, including financial, 48 operational, and investment expertise and resources, alignment of interests 49 and investor protections, transparency and repeatability of investment process, 50 risk controls, and cost-effectiveness. 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 17 (3) For any third-party investment management arrangements, the investment 1 manager must have total assets under management of at least one hundred 2 million dollars ($100,000,000) at the inception of the investment management 3 arrangement with the State Treasurer. 4 (4) Third-party investment management arrangements may be with persons and 5 legal entities located within or outside the United States, including through 6 any of the following: 7 a. Contractual arrangements in which the investment manager has 8 delegated discretion and authority to invest assets. 9 b. Investment companies as defined under United States generally 10 accepted accounting principles as promulgated by the Financial 11 Accounting Standards Board, including without limitation entities 12 registered under the Investment Company Act of 1940; individual, 13 common, or collective trust funds of banks and trust companies; 14 limited partnerships; limited liability companies or other limited 15 liability investment vehicles; and insurance contracts that provide for 16 participation in individual or pooled separate accounts of insurance 17 companies. 18 Any limited liability investment vehicles organized by the State Treasurer 19 Investment Authority shall be deemed investment companies for the purposes 20 of this subsection.subdivision. 21 (5) Investment companies shall provide annual audited financial statements to the 22 State Treasurer, Investment Authority, unless the State Treasurer Investment 23 Authority waives the requirement after conducting a cost-benefit analysis. 24 (6) In connection with any investment otherwise authorized under this section, 25 the State Treasurer Investment Authority may enter into an indemnification 26 agreement provided that, under any agreement, the liability of the State 27 Treasurer Investment Authority will be limited to the amount of the State 28 Treasurer's Investment Authority's contractual investment. 29 "§ 147-69.2A. Investments; special funds held by the State Treasurer. 30 (a) Firm to Administer Special Fund. – Following a public procurement process, a 31 designee of the Governor, a designee of the State Treasurer, a designee of the Speaker of the 32 House of Representatives, and a designee of the President Pro Tempore of the Senate shall jointly 33 and unanimously Venture Capital Multiplier Fund. – The Investment Authority may select a 34 third-party professional investment management firm, subject to the rules and regulations of the 35 U.S. Securities and Exchange Commission, to administer a special fund created to invest assets 36 described in G.S. 147-69.2(b)(12)c. of the Escheats Fund and select investment opportunities 37 appropriate for receiving allocations from the Venture Capital Multiplier Fund on the basis of 38 potential return on investment and the risks attendant thereto. The State Treasurer Investment 39 Authority shall assign professional and clerical staff to assist in the oversight of the Venture 40 Capital Multiplier Fund. All costs for the third-party investment management firm and the 41 professional and clerical staff shall be borne by the Venture Capital Multiplier Fund pursuant to 42 G.S. 147-69.3(f). The State Treasurer Investment Authority shall discharge his or her its duties 43 with respect to the Venture Capital Multiplier Fund as a fiduciary consistent with 44 G.S. 147-69.7.G.S. 147-70.6. 45 (b) Organization and Reporting. – All documents of the Governor or the State Treasurer 46 concerning the Fund are public records governed by Chapter 132 of the General Statutes and any 47 applicable provisions of the General Statutes protecting confidential information. 48 The State Treasurer and the Governor shall jointly The Investment Authority shall develop 49 and adopt an investment policy statement for the Venture Capital Multiplier Fund. 50 General Assembly Of North Carolina Session 2025 Page 18 House Bill 506-Second Edition The State Treasurer and Governor shall jointly adopt a common policy to prevent conflicts 1 of interests such that (i) the designees of the State Treasurer and Governor who selected the 2 third-party investment management firm, (ii) the staff of the State Treasurer overseeing the Fund, 3 and (iii) the third-party investment management firm's employees selecting or overseeing Fund 4 investments do not provide services for compensation (as an employee, consultant, or otherwise), 5 within two years after the end of their service to the Fund, to any entity in which an investment 6 from the Fund was made. 7 (b1) Conflict of Interest Policy. – The Investment Authority shall adopt a policy to prevent 8 conflicts of interest. This policy shall include a provision prohibiting all of the following 9 individuals from providing services for compensation to any entity in which an investment from 10 the Venture Capital Multiplier Fund was made within two years after the end of that individual's 11 service to the Fund: 12 (1) The designee of the State Treasurer and Governor who selected the third-party 13 investment management firm prior to the creation of the Investment Authority. 14 (2) The designee of the Investment Authority who selected the third-party 15 investment management firm. 16 (3) The staff of the Department of State Treasurer or of the Investment Authority 17 overseeing the Fund. 18 (4) The third-party investment management firm's employees selecting or 19 overseeing Fund investments. 20 (c) Types of Investments. – Assets of the Venture Capital Multiplier Fund may be 21 invested in those types of investments authorized for the North Carolina Retirement Systems by 22 G.S. 147-69.2(b), notwithstanding the percentage limitations imposed on the Retirement 23 Systems' investments under those subdivisions.G.S. 147-69.2(b). 24 (d) Report on Escheat Fund Financial Status. – The State Treasurer Treasurer, in 25 coordination with the Investment Authority, shall engage a third-party professional consultant to 26 conduct an assessment and projection of the financial status of the Escheat Fund. A third-party 27 professional consultant may be engaged to conduct the required assessment. The associated costs 28 for the services may be directly charged to the Escheat Fund. The No later than December 31 of 29 each year, the State Treasurer shall communicate the assessment of the consultant in an annual 30 report to the Governor, the Speaker of the House of Representatives, the President Pro Tempore 31 of the Senate, and the chairs of the respective appropriations and appropriate substantive 32 committees of each chamber. The annual report shall evaluate include all of the following: 33 (1) An evaluation of claims by owners upon the Escheat Fund, current and 34 projected investment returns, and projected contributions to the Escheat Fund, 35 current and projected legislative appropriations, and authorized expenses. In 36 the report, the State Treasurer shall assess 37 (2) An assessment of the State Treasurer, with the assistance of the Investment 38 Authority of the status of utilizing the Escheat Fund as an endowment fund 39 and shall recommend a recommendation of an annual amount available for the 40 funding of scholarships, loans, and grants from the Fund. The annual report 41 shall be presented no later than December 31 of each year. 42 "§ 147-69.3. Administration of State Treasurer's Investment Authority's investment 43 programs. 44 (a) The State Treasurer shall deposit with the Investment Authority assets of the funds 45 under G.S. 147-69.1 and the special funds under G.S. 147-69.2. The Investment Authority shall 46 establish, maintain, administer, manage, and operate within the Department of State Treasurer 47 one or more investment programs for the deposit and to the credit of the State Treasurer of the 48 investment of assets pursuant to the provisions of G.S. 147-69.1 and G.S. 147-69.2. Different of 49 the funds under G.S. 147-69.1 and the special funds under G.S. 147-69.2. Funds of each of the 50 Retirement Systems and other funds held by the State Treasurer Investment Authority may be 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 19 invested collectively or separately in the State Treasurer's Investment Authority's discretion 1 consistent with the fiduciary duties stated in G.S. 147-69.7.under G.S. 147-70.6. 2 (b) Any official, board, commission, other public authority, local government, school 3 administrative unit, charter school, local ABC board, or community college of the State having 4 custody of any funds not required by law to be deposited with and invested by the State Treasurer 5 or the Investment Authority may deposit all or any portion of those funds with the State Treasurer 6 Investment Authority for investment in one of the investment programs established pursuant to 7 authorized under this section, subject to any provisions of law with respect to eligible 8 investments, provided that any investments. Any occupational licensing board as defined in 9 G.S. 93B-1 may participate in one of the investment programs established pursuant to authorized 10 under this section regardless of whether or not the funds were required by law to be deposited 11 with and invested by the State Treasurer. Treasurer or the Investment Authority. In the absence 12 of specific statutory provisions to the contrary, any of those funds described in this subsection 13 may be invested by the Investment Authority in accordance with the provisions of G.S. 147-69.2 14 and 147-69.3. Upon request from any depositor eligible under this subsection, the State Treasurer 15 may authorize moneys invested pursuant to this subsection to be withdrawn by warrant on the 16 State Treasurer. 17 (c) The State Treasurer's Investment Authority's investment programs shall be so 18 managed that that, in the judgment of the State Treasurer Investment Authority, funds may be 19 readily converted into cash when needed. 20 (d) Except as provided by G.S. 147-69.1(d), the total return earned on investments shall 21 accrue pro rata to the fund whose assets are invested according to the formula prescribed by the 22 State Treasurer with the approval of the Governor and Council of State.invested. 23 (e) The State Treasurer Investment Authority has full powers as a fiduciary to hold, 24 purchase, sell, assign, transfer, lend and dispose of any of the securities or investments in which 25 any of the investment programs created pursuant to this section have been invested, and may 26 reinvest the proceeds from the sale of those securities or investments and any other investable 27 assets of the program. 28 (f) The cost of administration, management, and operation of investment programs 29 established pursuant to this section shall be apportioned and paid equitably among the programs 30 in a manner prescribed by the State Treasurer. Investment Authority, including through 31 administrative fees if approved by the Board of Directors. To the extent not otherwise chargeable 32 directly to the income or assets of a specific investment program or pooled investment vehicle, 33 the cost of administration, management, and operation of investment programs established 34 pursuant to this section shall be paid from the income and assets of the investment programs. 35 Any apportionment and payment under this section shall be accounted for in a manner determined 36 by the State Treasurer.Investment Authority. 37 (g) The State Treasurer is authorized to retain the services of independent appraisers, 38 auditors, actuaries, attorneys, investment counseling firms, statisticians, custodians, or other 39 persons or firms possessing specialized skills or knowledge necessary for the proper 40 administration of investment programs created pursuant to this section. 41 (g1) Notwithstanding G.S. 114-8.3, the Investment Authority's designated attorneys shall 42 review all proposed investment contracts and all proposed contracts for investment-related 43 services entered into pursuant to the Investment Authority's authority under this Article. All of 44 the following apply to the required review: 45 (1) This review shall include confirmation that a proposed contract meets all of 46 the following criteria: 47 a. The proposed contract is in proper legal form. 48 b. The proposed contract is legally enforceable to the extent governed by 49 North Carolina law. 50 General Assembly Of North Carolina Session 2025 Page 20 House Bill 506-Second Edition c. The proposed contract accomplishes the intended purposes of the 1 contract. 2 (2) The Investment Authority's designated attorneys shall establish procedures 3 regarding the review. 4 (3) The required review does not constitute approval or disapproval of the policy 5 merit, or lack thereof, of the proposed contract. 6 (4) A designated attorney under this subsection includes any attorney employed 7 or retained by the Investment Authority to review contracts as required by this 8 subsection. 9 (5) For purposes of this subsection, "investment contract" means investments to 10 be acquired, held, or sold, directly or indirectly, by or for the Investment 11 Authority or an investment entity created by the Investment Authority, either 12 on its own behalf or on behalf of another beneficial owner. 13 … 14 (i1) The State Treasurer shall report the incentive bonus paid to the Chief Investment 15 Officer to the Joint Legislative Commission on Governmental Operations by October 1 of each 16 year. 17 … 18 (i3) The Treasurer Investment Authority may invest in the countries of Sudan and South 19 Sudan to the extent not prohibited by the United States Government, or to the extent that such 20 investment is part of an index or index replication strategy, a commingled fund, limited 21 partnership, or similar investment vehicle, or a derivative instrument. 22 (j) Subject to the provisions of G.S. 147-69.1(d), the State Treasurer shall Investment 23 Authority may adopt any rules necessary to carry out the provisions of this section. 24 … 25 "§ 147-69.4A. Support and assistance; Supplemental Retirement Board of Trustees. 26 (a) The Supplemental Retirement Board of Trustees, as established under G.S. 135-96, 27 may request the Investment Authority to provide monitoring, evaluation, reporting, and other 28 support or assistance for the investments of the Supplemental Retirement Income Plan of North 29 Carolina and the North Carolina Public Employee Deferred Compensation Plan. 30 (b) Upon the consent of the Investment Authority to provide requested support or 31 assistance under this section, the Investment Authority's responsibilities shall be documented in 32 a Statement of Investment Policy approved by the Supplemental Retirement Board of Trustees. 33 (c) In providing any support or assistance under this section, the Investment Authority 34 shall discharge its duties as a fiduciary to the participants in the Supplemental Retirement Income 35 Plan of North Carolina and the North Carolina Public Employee Deferred Compensation Plan. 36 "§ 147-69.5. Local Government Law Enforcement Special Separation Allowance Fund. 37 The Local Government Law Enforcement Special Separation Allowance Fund is established 38 as a fund in the Office of the State Treasurer under the management of the Treasurer. Investment 39 Authority. The Fund consists of contributions made by entities authorized to make contributions 40 to the Fund and interest and other investment income earned by the Fund. Contributions to the 41 Fund are irrevocable. Assets of the Fund may be used only to provide law enforcement special 42 separation allowance benefits to individuals who are former employees of a unit of local 43 government that contributes to the Fund and are entitled to law enforcement special separation 44 allowance payable by the unit. The assets of the Fund are not subject to the claims of creditors 45 of an entity that contributes to the Fund. 46 "§ 147-69.6. Swain County Settlement Trust Fund. 47 (a) The Swain County Settlement Trust Fund is established as a special fund in the Office 48 of the State Treasurer under the management of the Treasurer. The Treasurer Investment 49 Authority. The Investment Authority may invest the assets of the Fund in any of the investments 50 authorized under subdivisions (b)(1) through (6) and subdivision (b)(8) of G.S. 147-69.2. The 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 21 Fund shall consist of the proceeds of any payments made by the United States in settlement of 1 the 1943 agreement between Swain County and the United States Department of Interior, such 2 other contributions as Swain County or other entities may choose to make to the Fund, and the 3 interest and other investment income earned by the Fund. For the purposes of this section, the 4 initial balance of the Fund shall be defined as fifty-two million dollars ($52,000,000). 5 …." 6 SECTION 3.1.(b) Part 3 of Article 6 of Chapter 147 of the General Statutes, as 7 created and amended by Part I of this act, reads as rewritten: 8 "Part 3. Reports and Audits. 9 "§ 147-69.8. Annual report on new investment authority. 10 Whenever the General Assembly broadens the investment authority of the State Treasurer 11 Investment Authority as to the General Fund, the Teachers' and State Employees' Retirement 12 System, the Consolidated Judicial Retirement System, the Firefighters' and Rescue Squad 13 Workers' Pension Fund, the Local Governmental Employees' Retirement System, the Legislative 14 Retirement System, the North Carolina National Guard Pension Fund, or any idle funds, the State 15 Treasurer Investment Authority shall annually report in detail to the General Assembly the 16 investments made under such new authority, including the returns on those investments, earnings, 17 changes to value, and gains and losses in disposition of such investments. The report shall be 18 made no later than the first six months of each calendar year, covering performance in the prior 19 fiscal year. As to each type of new investment authority, the report shall be made for at least four 20 years. To the extent the information required by this section is also required in the reports under 21 G.S. 147-69.12, the State Treasurer Investment Authority may combine reports or make 22 cross-reference to those reports. 23 "§ 147-69.9. Third-party audit of State Treasurer's investments. 24 (a) In addition to all other audits and reports required by the law, the State Treasurer 25 Treasurer, with the active assistance of the Investment Authority, shall prepare and issue, at the 26 end of each fiscal year beginning with the 2015-2016 fiscal year, year, a set of consolidated 27 stand-alone financial statements regarding investments authorized in G.S. 147-69.1 and 28 G.S. 147-69.2. These financial statements shall be audited by a commercial independent 29 third-party audit firm selected and engaged by the State Treasurer. Treasurer, in consultation with 30 the Investment Authority. The audit firm's report and the financial statement shall be provided to 31 the Joint Legislative Commission on Governmental Operations, the House of Representative 32 Appropriations Committee, the Senate Appropriations/Base Budget Committee, and the Fiscal 33 Research Division within six months after the closing of the reporting period. 34 (b) The management discussion and analysis section of the report accompanying the 35 financial statements shall be prepared by the Investment Authority and shall include a discussion 36 of the investment programs' risk and returns compared to benchmarks, total management fees 37 and incentives paid, and comparison to peer cost benchmarks. 38 "§ 147-69.10. Investment policies and performance reviews of Retirement Systems 39 investment programs. 40 (a) On at least a biennial basis, the State Treasurer Chief Investment Officer shall present 41 an investment policy statement to the Investment Advisory Committee Board of Directors for the 42 Committee's consultation. approval. The investment policy statement must include descriptions 43 of investment objectives and strategy, roles and responsibilities, permissible asset classes, asset 44 allocation targets and ranges, risk management and compliance guidelines, and evaluation 45 criteria necessary to measure investment performance. 46 (b) At least once every four years, the State Treasurer Investment Authority shall engage 47 a commercial independent expert firm, pursuant to G.S. 147-69.3(g), G.S. 147-71.2(c), to 48 evaluate the governance, operations, and investment practices of the State Treasurer Investment 49 Authority in order to develop recommendations for improvement. The State Treasurer must 50 consult with the Investment Advisory Committee to develop the scope of the evaluation. The 51 General Assembly Of North Carolina Session 2025 Page 22 House Bill 506-Second Edition report of the independent expert firm shall be provided to the Joint Legislative Commission on 1 Governmental Operations, the House of Representatives Appropriations Committee, the Senate 2 Appropriations/Base Budget Committee, and the Fiscal Research Division within 30 days of 3 receipt. 4 "§ 147-69.12. Reporting on the State Treasurer's Investment Authority's investment 5 programs. 6 (a) No later than the tenth day of February, May, August, and November of each year, 7 the State Treasurer shall report on all investments for which the State Treasurer is in any way 8 responsible, including investments made from the Escheat Fund and return on investment as 9 provided in G.S. 147-69.2A. This report shall be made for the Escheat Fund in lieu of the report 10 required by G.S. 147-69.8. The State Treasurer's quarterly report shall include each of the 11 following: 12 (1) A specific listing of all direct and indirect placement fees, asset fees, 13 performance fees, and any other money management fees incurred by the 14 State in the management of the Retirement Systems defined in 15 G.S. 147-69.2(b)(8). In the event that the market value of any of subdivision 16 (6c) or (7), sub-subdivision b. of subdivision (8), or subdivision (9) or (9a) of 17 G.S. 147-69.2 increases during a fiscal year by an amount greater than three 18 percent (3%) of the market value of all invested assets of the Retirement 19 Systems as of the prior fiscal year end, then the quarterly report provided shall 20 describe how that increase complies with the duties described in 21 G.S. 147-69.7 and the consequent expected impact on the risk profile of the 22 Retirement Systems' assets. 23 (2) A specific listing of all investments made with certified green managers and 24 companies and funds that support sustainable practices, including the names 25 of the companies, managers, and funds, the amount invested, and the State's 26 return on investment. 27 (3) For bank balances: 28 a. The State's total bank balance with the State Treasurer, including the 29 amount of cash on hand and money on deposit. 30 b. For each bank or other qualified depository utilized by the State 31 Treasurer to hold cash balances, (i) the name of each depository and 32 (ii) current quarter-end cash balances. 33 (4) For the State Treasurer's cash management programs: 34 a. Total assets. 35 b. Duration of investments. 36 c. Rate of return, including a comparison to an appropriate benchmark, 37 if available. 38 (5) For the Retirement Systems, as defined in G.S. 147-69.2(b)(8), reported 39 separately for each asset class authorized by G.S. 147-69.2(b): 40 a. Total assets. 41 b. Rate of return, including a comparison to an appropriate benchmark, 42 if available. 43 c. Percentage of the total assets that are invested in the asset class and the 44 limitation, if any, on the percentage under G.S. 147-69.2(b). 45 (6) For each investment program created under G.S. 147-69.3: 46 a. The financial condition of each investment program. 47 b. A full and complete statement of all moneys invested by virtue of the 48 provisions of G.S. 147-69.1 and G.S. 147-69.2. 49 c. The nature and character of the investments. 50 d. The revenues derived from the investments, net of fees and expenses. 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 23 e. The costs of administering, managing, and operating the investment 1 programs, including the recapture of any investment commissions. 2 f. The location on the State Treasurer's Web site where the public may 3 find a statement of the investment policies for the revenues invested. 4 g. Any other information that may be helpful in understanding the State 5 Treasurer's investment policies, investment practices, and investment 6 results. 7 h. Any other information requested by the House of Representatives and 8 Senate Finance Committees. 9 i. The location on the State Treasurer's Web site where the public may 10 find a list of new commitments to external investment managers. 11 j. The location on the State Treasurer's Web site where the public may 12 find information on the use of placement agents by investment 13 managers. 14 (7) For all other investments with or on behalf of the State or any of its agencies 15 or institutions: 16 a. The particular agency or institution, fund, rate of return, and duration 17 of the investment. 18 b. The amount of deposit on all noninterest bearing accounts. 19 (a1) On a monthly basis, the Investment Authority shall report on the performance of all 20 investments for which the Investment Authority is in any way responsible. The monthly report 21 shall include all of the following information: 22 (1) The beginning and ending market value of each investment program and 23 deposits or withdrawals. 24 (2) The rate of return, net of all fees, and expenses for various time periods, 25 including comparisons to an appropriate benchmark, if available. For the 26 Retirement Systems' investment program, asset class level information shall 27 also be provided. 28 (3) The asset allocation of each investment program and compliance with any 29 statutory limitations or limitations set by the Board of Directors. 30 (4) All of the following information for each investment program: 31 a. The location on the Investment Authority's website where the public 32 may find a statement of the investment policies. 33 b. The location on the Department's or Investment Authority's website 34 where the public may find a list of new commitments to external 35 investment managers and on the use of placement agents by 36 investment managers. 37 c. Any other information that may be helpful in understanding the 38 Investment Authority's investment policies, investment practices, and 39 investment results. 40 (b) No later than the date set by G.S. 147-69.9 for the submission of consolidated 41 stand-alone financial statements, the State Treasurer Investment Authority shall report annually 42 on the fees and performance of all externally and internally managed investments for the 43 Retirement Systems defined in G.S. 147-69.2(b)(8). Systems. Externally managed investments 44 shall be reported on the basis of each investment vehicle or investment manager, as applicable. 45 Internally managed investments shall be reported on a portfolio-by-portfolio basis. The State 46 Treasurer's Investment Authority's annual report shall include all of the following, as applicable, 47 reported separately for each investment: 48 (1) The name, commitment amount, statutory classification, and inception year. 49 General Assembly Of North Carolina Session 2025 Page 24 House Bill 506-Second Edition (2) Either a statement that the investment is managed internally by the staff of the 1 State Treasurer Investment Authority or the names of the external investment 2 manager and the investment vehicle for that investment. 3 (3) Value The value of the investment. 4 (4) Dollar The dollar amount of the management fees and incentive fees. 5 (5) For investment-grade fixed income or public equity investments, public 6 market investment manager accounts, the periodic net annualized 7 time-weighted rate of return for that fiscal year and since inception, reported 8 net of fees. 9 (6) For all investments other than investment-grade fixed income or public equity 10 investments, public market investment manager accounts, all of the following: 11 a. The net annualized internal rate of return and investment multiple 12 since inception, reported net of fees. 13 b. The total cash contributions or other investments made by the State 14 Treasurer.made. 15 c. The total distribution received by the State Treasurer with respect to 16 that investment since inception, reported net of fees. 17 (7) For any fund of funds investment vehicles, the aggregate management fees 18 and incentive fees for the underlying investment managers or investment 19 vehicles used by the external investment manager. 20 (8) If any placement agent fees relating to the investment were directly or 21 indirectly borne by the State Treasurer Investment Authority or Retirement 22 Systems, a list of the amount and type of those fees. 23 (c) The Treasurer shall report to the Governor annually the exact balance in the treasury 24 to the credit of the State, with a summary of the receipts and payments of the treasury during the 25 preceding fiscal year, and so far as practicable an account of the same down to the termination 26 of the current calendar year. 27 (d) The reports required by this section shall be delivered to the Joint Legislative 28 Commission on Governmental Operations, chairs of the House of Representatives and Senate 29 Appropriations Committees, chairs of the House of Representative and Senate Finance 30 Committees, Fiscal Research Division, Governor, Council of State, and State Auditor. The 31 reports shall also be made available for public review, including by posting on the State 32 Treasurer's Web site. 33 A copy of a report on any State Treasurer investment program shall be sent to review by the 34 official, institution, board, commission, or other agency investing in that program.the programs, 35 including by posting on the Investment Authority's website." 36 SECTION 3.1.(c) G.S. 147-70.6, as created and amended by Part I of this act, and 37 as further amended by Section 2.2 of this act, reads as rewritten: 38 "§ 147-70.6. Discharge of duties to funds. 39 (a) The State Treasurer Investment Authority, including the Board of Directors, shall 40 discharge his or her all duties with respect to each fund or investment program held by the 41 Investment Authority to the credit of the State Treasurer, including each of the funds, funds 42 enumerated in G.S. 147-69.2 as follows:G.S. 147-69.1 and G.S. 147-69.2, in all of the following 43 manners: 44 (1) Solely in the interest of the intended beneficiaries of the fund, if any. 45 (2) For the exclusive purpose of carrying out the purpose of the fund, including 46 providing benefits to participants and beneficiaries, and paying reasonable 47 expenses of administering the fund. 48 (3) With the care, skill, and caution that a prudent investor would use after 49 considering the purposes, distribution requirements, and other circumstances 50 then prevailing. 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 25 (4) Impartially, taking into account any differing interests of participants and 1 beneficiaries. 2 (5) Incurring only costs that are appropriate and reasonable. 3 (6) In accordance with a good-faith interpretation of the provisions of 4 G.S. 147-69.2 and any other applicable law governing the fund. 5 (b) In investing and managing assets of the any fund or investment program pursuant to 6 subsection (a) of this section, the State Treasurer:Investment Authority shall do all of the 7 following: 8 (1) Shall consider Consider all of the following circumstances: 9 a. General economic conditions. 10 b. The possible effect of inflation or deflation. 11 c. The role that each investment or course of action plays within the 12 overall portfolio of the fund. 13 d. The expected total return from income and the appreciation of capital. 14 e. Needs for liquidity, regularity of income, and preservation or 15 appreciation of capital. 16 f. With respect to the Retirement Systems defined in G.S. 147-69.2(b)(8) 17 and any other pension plans, the adequacy of funding for the 18 Retirement Systems or other pension plan based on reasonable 19 actuarial factors. 20 g. The purpose of the fund, if established. 21 (2) Shall diversify Diversify the investments of the fund fund, unless the State 22 Treasurer Investment Authority reasonably determines that, because of 23 special circumstances, including applicable investment restrictions, it is 24 clearly prudent not to do so. 25 (3) Shall make Make a reasonable effort to verify facts relevant to the investment 26 and management of assets of the funds. 27 (4) Shall invest only in those investments authorized by law consistent with the 28 provisions of Article 6 of Chapter 146 of the General Statutes. 29 (5) Shall, in In the evaluation of an investment, or in the evaluation or exercise of 30 any right appurtenant to an investment, consider only pecuniary 31 factors:factors as follows: 32 a. For the purposes of this section, a pecuniary factor is a factor that has 33 a material effect on the financial risk or financial return of an 34 investment based on appropriate investment horizons consistent with 35 the purpose of the fund, if established. 36 b. Environmental or social considerations are pecuniary factors only if 37 they present economic risks or opportunities that qualified investment 38 professionals would treat as material economic considerations under 39 generally accepted investment theories. The weight given to those 40 factors shall solely reflect a prudent assessment of their impact on risk 41 and return. 42 (6) May, 43 (b1) In investing and managing assets of any fund or investment program pursuant to 44 subsection (a) of this section, the Investment Authority may, in the evaluation or exercise of any 45 right appurtenant to an investment, reasonably conclude that not exercising such a that right is in 46 the best interest of the fund's beneficiaries. 47 (c) Compliance by the State Treasurer Investment Authority with this section must be 48 determined in light of the facts and circumstances existing at the time of the Treasurer's 49 Investment Authority's decision or action and not by hindsight. 50 General Assembly Of North Carolina Session 2025 Page 26 House Bill 506-Second Edition (d) The State Treasurer's Investment Authority's investment and management decisions 1 must be evaluated not in isolation but in the context of the portfolio of the fund as a whole and 2 as part of an overall investment strategy having risk and return objectives reasonably suited to 3 the fund. 4 (e) Notwithstanding any of the foregoing, the State Treasurer other provision of this 5 section to the contrary, the Investment Authority shall have no duty to assist or advise any 6 official, board, commission, local government, other public authority, school administrative unit, 7 local ABC board, community college of the State, or other person, trust, agency, institution, or 8 entity in connection with any of the following decisions and directions with respect to any funds 9 to be deposited with the State Treasurer and invested by the State Treasurer:Investment 10 Authority. 11 (1) The voluntary decision to deposit or withdraw funds in accordance with 12 applicable law in one or more of the State Treasurer's Investment Authority's 13 investment programs. 14 (2) The voluntary direction as to the allocation of deposited funds in accordance 15 with applicable law among the State Treasurer's Investment Authority's 16 investment programs. 17 (3) Any other decision or direction by which the depositor exercises control over 18 assets deposited or to be deposited with the State Treasurer or the Investment 19 Authority in accordance with applicable law." 20 SECTION 3.1.(d) G.S. 147-71.2(a), as enacted by Section 2.2 of this act, is amended 21 by adding a new subdivision to read: 22 "(6) The Board of Directors has the following liquidity monitoring duties: 23 a. Upon the quarterly receipt of liquidity monitoring requirements from 24 the Chief Investment Officer, the Board of Directors shall ensure that 25 a portion of the Retirement Systems' invested assets are at all times 26 available to be converted in an orderly fashion to cash proceeds 27 sufficient to meet projected net benefit payments and highly probable 28 contractual obligations. 29 b. The Board of Directors shall annually certify the allocation of illiquid 30 investment. 31 c. If the Board of Directors determines that liquidity is insufficient, then 32 the Board of Directors may direct the CIO to pause new contractual 33 commitments to illiquid investments or implement other mitigation 34 activities." 35 SECTION 3.1.(e) G.S. 147-72.1, as enacted by Section 2.2 of this act, is amended 36 by adding a new subsection to read: 37 "(e) Management of Retirement Systems Investments. – The Chief Investment Officer 38 shall manage the Retirement Systems investments to remain within the approved absolute risk 39 operating range set by the Board of Directors in accordance with G.S. 147-71.2(a)(4)." 40 SECTION 3.2. Rules adopted by the State Treasurer in effect as of December 31, 41 2025, and that are impacted by the change in authority under this Part shall remain in effect until 42 amended by the Investment Authority, amended by law, or repealed. 43 SECTION 3.3. This Part is effective January 1, 2026. 44 45 PART IV. TECHNICAL AND CONFORMING CHANGE S 46 SECTION 4.1.(a) G.S. 147-65.2, as created by Section 1.2(a) of this act, reads as 47 rewritten: 48 "§ 147-65.2. Salary of State Treasurer.Treasurer and certain Department employees. 49 (a) State Treasurer. – The salary of the State Treasurer shall be as established in the 50 Current Operations Appropriations Act. In addition to the salary set by the General Assembly in 51 General Assembly Of North Carolina Session 2025 House Bill 506-Second Edition Page 27 the Current Operations Appropriations Act, longevity pay shall be paid on the same basis as is 1 provided to employees of the State who are subject to the North Carolina Human Resources Act. 2 (b) In order to promote achievement of long term investment objectives and to retain key 3 public employees with investment functions, the Certain Departmental Employees. – The State 4 Treasurer is authorized to establish, consistent with the duties of the State Treasurer's fiduciary 5 duties, Treasurer as prescribed by law, market-oriented compensation plans, including salaries 6 and performance-related bonuses, for employees possessing specialized skills or knowledge 7 necessary for the proper administration of investment programs, who shall be programs. In 8 accordance with G.S. 126-5(c12), these employees are exempt from the classification and 9 compensation rules established by the Office of State Human Resources. The design and 10 administration of those compensation plans shall be based on compensation studies conducted 11 by a nationally recognized firm specializing in public fund investment compensation. The 12 compensation and other associated employee benefits shall be apportioned directly from the 13 investment program. and paid equitably among the funds and programs utilizing the services of 14 these employees in a manner prescribed by the State Treasurer. The Treasurer shall report the 15 salaries and bonuses paid to the Joint Legislative Oversight Committee on General Government 16 annually." 17 SECTION 4.1.(b) G.S. 126-5 reads as rewritten: 18 "§ 126-5. Employees subject to Chapter; exemptions. 19 … 20 (c1) Except as to Articles 6 and 7 of this Chapter, this Chapter does not apply to any of the 21 following: 22 … 23 (23) The Executive Administrator of the State Health Plan for Teachers and State 24 Employees. 25 (24) Employees of the State Health Plan for Teachers and State Employees as 26 designated by law or by the Executive Administrator of the Plan. 27 … 28 (40) The Chief Investment Officer of the North Carolina Investment Authority 29 established under Part 5 of Article 6 of Chapter 147 of the General Statutes. 30 (41) Employees of the North Carolina Investment Authority established under Part 31 5 of Article 6 of Chapter 147 of the General Statutes who possess specialized 32 skills or knowledge necessary for the proper administration of investment 33 programs and who are employed in a position designated by the Chief 34 Investment Officer as exempt in accordance with G.S. 147-72.1. 35 … 36 (c12) Except as to G.S. 126-13, 126-14, 126-14.1, and Articles 6, 7, 14, 15, and 16 of this 37 Chapter, this Chapter does not apply to employees of the Department of State Treasurer 38 possessing specialized skills or knowledge necessary for the proper administration of investment 39 programs and compensated pursuant to G.S. 147-69.3(i2).G.S. 147-65.2(b). 40 …." 41 SECTION 4.1.(c) This section is effective July 1, 2025, and applies to employees 42 hired on or after that date. 43 SECTION 4.2.(a) G.S. 128-29(c) reads as rewritten: 44 "(c) Custodian of Funds. – The State Treasurer shall be the custodian of the several funds 45 and shall deposit these funds with the Investment Authority to invest their these assets in 46 accordance with the provisions of G.S. 147-69.2 and 147-69.3. Article 6 of Chapter 147 of the 47 General Statutes. All payments from said funds shall be made by him the State Treasurer only 48 upon vouchers signed by two persons designated by the Board of Trustees. The secretary of the 49 Board of Trustees shall furnish said Board a surety bond in a company authorized to do business 50 General Assembly Of North Carolina Session 2025 Page 28 House Bill 506-Second Edition in North Carolina in such amount as shall be required by the Board, the premium to be paid from 1 the expense fund." 2 SECTION 4.2.(b) G.S. 135-7(c) reads as rewritten: 3 "(c) Custodian of Funds; Disbursements; Bond of Director. – The State Treasurer shall be 4 the custodian of the several funds and shall deposit these funds with the Investment Authority to 5 invest their these assets in accordance with the provisions of G.S. 147-69.2 and 147-69.3.Article 6 6 of Chapter 147 of the General Statutes." 7 SECTION 4.2.(c) This section is effective January 1, 2026. 8 SECTION 4.3.(a) G.S. 143C-1-3 is amended by adding a new subsection to read: 9 "(e) Notwithstanding subsections (a) and (b) of this section, funds under the management 10 of the North Carolina Investment Authority are exempt from this Chapter and shall be accounted 11 for as provided in Article 6 of Chapter 147 of the General Statutes." 12 SECTION 4.3.(b) This section is effective July 1, 2025. 13 14 PART V. EFFECTIVE DATE 15 SECTION 5.1. Except as otherwise provided, this act is effective when it becomes 16 law. 17