North Carolina 2021-2022 Session Status: In Committee 1 R cosponsors

HB 856 — General Assembly - Defend Challenge to Laws and Rules.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

12 added · 10 removed

Plain-language change summary

The changes made to Bill HB 856 clarified the wording but did not alter its meaning. The line additions specify that the General Assembly will act on behalf of the State of North Carolina, which emphasizes its role and authority in certain legal actions. This matters as it helps define the responsibilities of the General Assembly, ensuring there's no ambiguity regarding who represents the state in specific situations.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 856 Short Title:
856 May 4, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40535-MM-50 Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO MAKE THE GENERAL ASSEMBLY A NECESSARY PARTY TO ANY CHALLENGE TO THE VALIDITY OR CONSTITUTIONALITY OF ANY NORTH CAROLINA LAW OR ADMINISTRATIVE RULE.
State Government, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House May 5, 2021 A BILL TO BE ENTITLED AN ACT TO MAKE THE GENERAL ASSEMBLY A NECESSARY PARTY TO ANY CHALLENGE TO THE VALIDITY OR CONSTITUTIONALITY OF ANY NORTH CAROLINA LAW OR ADMINISTRATIVE RULE.
"(b) General Assembly ActingonBehalfoftheStateofNorth Carolinain CertainActions.
"(b) General AssemblyActingon BehalfoftheStateofNorth Carolinain CertainActions.
– Whenever the validity or constitutionality of an act of the General Assembly or Assembly, any portion of a law enacted by the General Assembly, rule adopted pursuant to an act of the General Assembly, or a provision of the Constitution of North Carolina is the subject of an action in any Stateorfederalcourt,the SpeakeroftheHouseof RepresentativesandthePresidentProTempore of the Senate, as agents of the State through the General Assembly, shall be necessary parties and shall be deemed to be a client of the Attorney General for purposes of that action as a matter of law and pursuant to Section 7(2) of Article III of the North Carolina Constitution.
– Whenever the validity or constitutionality of an act of the General Assembly or Assembly, any portion of a law enacted by the General Assembly, rule adopted pursuant to an act of the General Assembly, or a provision of the Constitution of North Carolina is the subject of an action in any Stateorfederalcourt,the SpeakeroftheHouseof RepresentativesandthePresidentProTempore of the Senate, as agents of the State through the General Assembly, shall be necessaryparties and shall be deemed to be a client of the Attorney General for purposes of that action as a matter of law and pursuant to Section 7(2) of Article III of the North Carolina Constitution.
In any such action, the General Assembly, through the Speaker of the House of Representatives and thePresident Pro Tempore of theSenate, may waive suchrepresentation and decline to participate in the action by written notice to the Attorney General." SECTION 2.
In any such action, the General Assembly, through the Speaker of the House of Representatives and thePresident Pro Tempore of theSenate, maywaive suchrepresentation and decline to participate in the action by written notice to the Attorney General." SECTION 2.
*DRH40535-MM-50*
*H856-v-1*
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on State Government, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 176 not signed on

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (176)

176 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 856?
HB 856 is sponsored by C. Smith, Cleveland, and Jeffrey C. McNeely (Republican).
What is the current status of HB 856?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 856?
Track HB 856 free on One Click Politics — get push/email alerts when it moves.

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