North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S709

Introduced
3/25/25  

Caption

2025 State Investment Modernization Act.-AB

Summary

Senate Bill 709, the 2025 State Investment Modernization Act, substantially reorganizes and modernizes the statutes governing North Carolina’s state investment operations. It creates the North Carolina Investment Authority as a new body corporate and politic located within, but independent from, the Department of State Treasurer, and transfers management of many state investment programs from the Treasurer to that Authority beginning January 1, 2026. The bill also restructures Article 6 of Chapter 147 into new parts covering general provisions, investments and funds, reports and audits, the new Investment Authority, and bookkeeping and deposits. The bill gives the new Authority broad powers over investment management, including hiring a Chief Investment Officer, retaining outside experts and custodians, setting compensation plans for specialized investment staff, and adopting ethics, confidentiality, and conflict-of-interest policies. It also expands and updates the list of permissible investments for the General Fund, Highway Fund, retirement systems, the Escheats Fund, and several special funds, including authority for broader asset classes such as private equity, real assets, inflation-protection strategies, and digital assets under specified conditions. The bill preserves existing reporting and audit requirements while adding new governance, liquidity, and risk-management duties, and it exempts the Authority and its managed funds from the State Budget Act and certain other state administrative provisions. The bill’s impact on state law is significant because it shifts operational control of major public investment programs away from the State Treasurer’s office and into a newly created independent authority, while preserving the Treasurer’s role as chair of the board and ex officio member. It amends multiple statutes in Chapters 126, 128, 135, 143C, and 147 to conform to the new structure, including employee exemptions, custodial language for retirement funds, and accounting treatment for funds under the Authority’s management. It also changes fiduciary standards and reporting obligations, and it authorizes new investment categories and limits for retirement and special funds, potentially affecting the management of billions of dollars in public assets and the entities that rely on those funds. No committee transcript or vote history was provided, so there is no recorded floor or committee sentiment to summarize. Based on the bill text alone, the measure appears to be framed as a technical and governance modernization package recommended by the State Treasurer, suggesting an intent to improve investment flexibility, professionalization, and oversight. The overall tone of the legislation is managerial and reform-oriented rather than ideological. The main points of contention likely concern the creation of an independent investment authority, the reduction of direct control by the State Treasurer and other executive-budget entities, and the expansion of permissible investments into higher-risk or less traditional asset classes such as private equity, real assets, and digital assets. Additional potential concerns include the bill’s exemption of the Authority from the State Budget Act, its use of performance bonuses and exempt personnel classifications, confidentiality protections for certain investment records, and the breadth of discretion given to the Board of Directors and Chief Investment Officer over public pension and special-fund assets.

Impact

The bill would reorganize and substantially revise Chapter 147’s investment statutes by creating the North Carolina Investment Authority and transferring management of state investment programs to that entity beginning January 1, 2026. It amends related statutes to reflect the new governance structure, exempts the Authority and its managed funds from the State Budget Act and certain administrative rules, and updates employee classification, custody, reporting, and fiduciary provisions. It also broadens authorized investment options for retirement systems and special funds, including digital assets under board approval, and changes how several funds are administered, reported, and audited.

Sentiment

No committee discussion or vote record was provided, so there is no documented legislative sentiment from hearings or roll calls. From the bill text, the measure appears generally supportive of modernization, professional investment management, and expanded flexibility, and it is described as recommended by the State Treasurer. The overall tone is reform-minded and administrative, with an emphasis on governance, expertise, and fiduciary oversight.

Contention

Likely areas of contention include the transfer of investment authority away from the State Treasurer and the exemption of the new Authority from the State Budget Act, which may raise concerns about reduced legislative or executive oversight. The bill’s expansion into alternative and higher-risk investments, including private equity, real assets, and digital assets, could also draw scrutiny from those concerned about pension risk, liquidity, and transparency. Additional concerns may focus on confidential record provisions, market-oriented compensation and bonuses for investment staff, and the breadth of discretion given to the Board of Directors and CIO.

Companion Bills

NC H506

Same As 2025 State Investment Modernization Act.-AB

Previously Filed As

NC H506

2025 State Investment Modernization Act.-AB

NC HB506

House Bill 506 / SL 2025-6 (=S709)

NC H92

NC Digital Assets Investments Act

NC SF0070

Investment modernization-state nonpermanent funds.

NC HB4401

Bridge Investment and Modernization Act of 2025

NC S1041

Public Workforce Modernization Act

NC H1091

DWI Modernization Act of 2026

NC S124

State Hiring Accessibility and Modernization

NC H1179

Senior Property Tax Relief Modernization Act

NC H546

Medicaid Modernization

Similar Bills

NC H477

Retirement Death Benefits Rewrite.-AB

NC S359

Retirement Death Benefits Rewrite.-AB

NC HB477

House Bill 477 / SL 2025-11

NC S479

SCRIPT Act

NC S857

GSC Update Funeral Board and DOI Licensing

NC H698

Center for Missing Persons to Highway Patrol