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<section article="gsp" article_name="State Personnel and Pensions" number="21-123.2" title_number="21" title_name="State Retirement and Pension System" subtitle_number="1" subtitle_name="Administration">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Private equity” means an asset class consisting of equity securities and debt in operating companies that are not publicly traded on a stock exchange.</text>
    </level>
    <level label="3">
      <text>“Venture capital” means an investment of capital to a business at any stage of its development before the business makes a public offering of stock.</text>
    </level>
  </level>
  <level label="b">
    <text>For purposes of this section, an investment in the State shall include an investment in an entity or vehicle that:</text>
    <level label="1">
      <text>is domiciled in the State;</text>
    </level>
    <level label="2">
      <text>operates in the State; or</text>
    </level>
    <level label="3">
      <text>is reasonably expected to invest in entities that are in the State.</text>
    </level>
  </level>
  <level label="c">
    <text>It is the intent of the General Assembly that State contributions in excess of statutory requirements be invested in the State with a goal to increase the risk capital available in the State, if the investments are consistent with, and do not compromise or conflict with, the fiduciary duties of the Board of Trustees to the participants of the several systems.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>The Board of Trustees may enter into an agreement with the Maryland Technology Development Corporation or another entity to make and manage investments on behalf of the Board of Trustees in private equity and venture capital in the State with the amount of money appropriated to the system, the State Retirement Agency, or the accumulation funds of the several systems that:</text>
      <level label="i">
        <text>for fiscal year 2017, is in addition to:</text>
        <level label="1">
          <text>the amounts appropriated for the State and local employer contributions and the supplemental contribution required under §§ 21–308, 21–309, 21–309.1, and 21–310 of this title;</text>
        </level>
        <level label="2">
          <text>the amount appropriated under § 7–311(j)(1)(i)1 of the State Finance and Procurement Article; and</text>
        </level>
        <level label="3">
          <text>any other amounts required by any other provisions of law to be appropriated to the system, the State Retirement Agency, or the accumulation funds of the several systems; and</text>
        </level>
      </level>
      <level label="ii">
        <text>for fiscal years 2019 through 2022, is appropriated under § 21–308(a)(4) of this title.</text>
      </level>
    </level>
    <level label="2">
      <text>If the Board of Trustees does not enter into an agreement with the Maryland Technology Development Corporation or another entity in accordance with paragraph (1) of this subsection, the Board of Trustees shall develop a process that authorizes the Maryland Technology Development Corporation or another entity to provide recommendations regarding investments in private equity and venture capital in the State with respect to the amount described under paragraph (1) of this subsection.</text>
    </level>
    <level label="3">
      <text>The investments or recommendations made in accordance with this section shall include a goal of investments or recommendations for the investment of 50% of the funds in commercialization of technology sponsored or created by a university in the State.</text>
    </level>
    <level label="4">
      <text>An entity providing services to the Board of Trustees in accordance with paragraph (1) or (2) of this subsection shall be subject to the standards of care under § 21–203 of this title and the prohibited transactions under § 21–205 of this title, with respect to the services provided.</text>
    </level>
  </level>
  <level label="e">
    <text>All profits of and return of principal from investments made under this section shall accrue to the accumulation funds of the several systems.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>On or before December 31 each year, the Board of Trustees shall submit a report to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, and subject to § 4–335 of the General Provisions Article, that includes a detailed description of:</text>
      <level label="i">
        <text>the investments, if any, made under this section;</text>
      </level>
      <level label="ii">
        <text>the recommendations, if any, made under this section;</text>
      </level>
      <level label="iii">
        <text>the actions, if any, taken by the Board of Trustees on the recommendations made under this section;</text>
      </level>
      <level label="iv">
        <text>the investment performance of any investments made under this section;</text>
      </level>
      <level label="v">
        <text>to the extent possible, an accounting of the fees and expenses incurred under this section; and</text>
      </level>
      <level label="vi">
        <text>to the extent possible, the ratio of funds invested in projects under this section to the total percentage of venture capital funds raised in the State by all sources.</text>
      </level>
    </level>
    <level label="2">
      <text>On or before December 1 each year, the Maryland Technology Development Corporation or another entity with which the Board of Trustees entered into an agreement under subsection (d)(1) or (2) of this section shall submit a report to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, that, to the extent possible, provides:</text>
      <level label="i">
        <text>the economic benefit generated from investments made under this section, including:</text>
        <level label="1">
          <text>the creation of new businesses;</text>
        </level>
        <level label="2">
          <text>the expansion of existing businesses;</text>
        </level>
        <level label="3">
          <text>the creation of new jobs;</text>
        </level>
        <level label="4">
          <text>the termination of any jobs; and</text>
        </level>
        <level label="5">
          <text>any increases in payroll; and</text>
        </level>
      </level>
      <level label="ii">
        <text>the number of businesses receiving funds from investments under this section that subsequently relocate to other states or countries.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>The Board of Trustees, or any other fiduciary of the several systems as defined in § 21–201(b) of this title, may not be held liable for any actions taken or decisions made in good faith for the purpose of complying with or executing the requirements of this section.</text>
  </level>
  <level label="h">
    <text>The Board of Trustees shall act in good faith to carry out the requirements of this section in compliance with all applicable State and federal law, including relevant judicial decisions.</text>
  </level>
  <level label="i">
    <text>Nothing in this section shall require the Board of Trustees to take action as described in this section unless the Board of Trustees determines, in good faith, that the action is consistent with the fiduciary responsibilities of the Board of Trustees as described in Subtitle 2 of this title.</text>
  </level>
</section>
