North Carolina 2021-2022 Session Status: Enacted 5 R cosponsors

HB 163 — Treasury Administrative Changes.

Last action — Signed by Gov. 6/28/2021

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

This bill has been enacted into law. Introduced February 25, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    3 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill makes administrative changes to laws regarding the State Treasurer's investment programs and local government commission.

This bill updates laws related to the State Treasurer's investment activities and the processes for public-private partnerships in local government. It also introduces requirements for using automated financial systems in budget accounting for governmental entities.

Bill Text

What changed in the latest version

72 added · 84 removed

Plain-language change summary

The recent amendment to House Bill 163 updates language regarding how governmental entities can handle capital improvement projects. Specifically, it clarifies that if these entities identify a critical need for a project, they can enter into development contracts with private developers and outlines the process for financing with oversight from the Local Government Commission. This change is important because it ensures transparency and financial accountability while allowing local governments the flexibility to engage in public-private partnerships to meet community needs.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 163 Committee Substitute Favorable 3/9/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 163 Short Title:
Representatives C.
Smith, McNeill, Riddell, and Cleveland (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 1, 2021 A BILL TO BE ENTITLED AN ACT MAKING CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATINGTOTHESTATETREASURER'S INVESTMENTPROGRAMS,THELOCAL GOVERNMENT COMMISSION, AND REPORTS SUBMITTED TO THE COUNCIL OF STATE.
Pensions and Retirement, if favorable, Local Government, if favorable, Rules, Calendar, and Operations of the House March 1, 2021 A BILL TO BE ENTITLED AN ACT MAKING CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATINGTOTHESTATETREASURER'S INVESTMENTPROGRAMS,THELOCAL GOVERNMENT COMMISSION, AND REPORTS SUBMITTED TO THE COUNCIL OF STATE.
… (i3) The Treasurer may invest in the countries of Sudan and South Sudan to the extent not prohibited by the United States Government, or to the extent that such investment is part of an indexorindexreplicationstrategy, acommingledfund,limitedpartnership, orsimilarinvestment vehicle, or a derivative instrument.
… (i3) The Treasurer may have investments in the countries of Sudan and South Sudan only to the extent allowed by the United States Government.
It does not include beneficial ownership through index funds, or index replication strategies, commingled funds, limited partnerships, or similar investment vehicles, or derivative instruments, or the like.instruments.
It does not include beneficial ownership through index funds, or index replication strategies, investment vehicles such as commingled funds, limited partnerships, or derivative instruments, or the like.instruments.
CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE LOCAL GOVERNMENT COMMISSION SECTION 2.
CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE LOCAL GOVERNMENT COMMISSION SECTION 2.(a) G.S.
G.S.
… *H163-v-2* General Assembly Of North Carolina Session 2021 (b) If the governmental entity determines in writing that it has a critical need for a capital improvement project, the governmental entity may acquire, construct, own, lease as lessor or lessee, and operate or participate in the acquisition, construction, ownership, leasing, and operation of a public-private project, or of specific facilities within such a project, including the making of loans and grants from funds available to the governmental entity for these purposes.
… *H163-v-1* General Assembly Of North Carolina Session 2021 (b) If the governmental entity determines in writing that it has a critical need for a capital improvement project, the governmental entity may acquire, construct, own, lease as lessor or lessee, and operate or participate in the acquisition, construction, ownership, leasing, and operation of a public-private project, or of specific facilities within such a project, including the making of loans and grants from funds available to the governmental entity for these purposes.
…." SECTION 3.
…." SECTION 2.(b) G.S.
G.S.
– When an automated financial computer system is used to meet the requirements of subsection (a1) of this section, the finance officer shall certify to the Secretary of the Commission no later than 30 days after the start of the unit's or public authority's fiscal year that the automated financial computer system meets all the requirements of subsection (a3) of this section.
– When an automated financial computer system is used to meet the requirements of subsection (a1) of this section, the finance officer shall certify to the Secretary of the Commission no later than 30 days after the end of the unit's or public authority's fiscal year that the automated financial computer system meets all the requirements of subsection (a3) of this section.
…." SECTION 4.(a) G.S.
…." SECTION 2.(c) G.S.
Page 2 House Bill 163-Second Edition General Assembly Of North Carolina Session 2021 "§ 159-181.
Page 2 House Bill 163-First Edition General Assembly Of North Carolina Session 2021 "§ 159-181.
If the Commission waives the annual audit requirement, the Commission shall consider making a recommendation to the General Assembly or other organizing body for the revocation of the charter or the dissolution of the unit of local government or public authority.
If the Commission waives the annual audit requirement, the Commission shall consider making a recommendation to the General Assembly or other organizing body that the local government or publicauthorityshouldbeabolished.Thissubsection(c)doesnotapplytocontractualobligations undertaken by a unit of local government in a debt instrument issued pursuant to Chapter 159G of the General Statutes unless such debt instrument is secured by a pledge of the faith and credit of the unit of local government.
This subsection (c) does not apply to contractual obligations undertaken by a unit of local government in a debt instrument issued pursuant to Chapter 159G of the General Statutes unless such debt instrument is secured by a pledge of the faith and credit of the unit of local government.
…." PART III.
…." SECTION 4.(b) The Local Government Commission shall have the authority to impound the books and records and take any other action authorized by G.S.
CLARIFYINGANDADMINISTRATIVE CHANGES TO ALAWRELATING TO REPORTS SUBMITTED TO THE COUNCIL OF STATE SECTION 3.
159-181, as amended by subsection (a) of this section, with respect to the Towns of Eureka and Spencer Mountain, whose charters weresuspendedin S.L.
2019-29andS.L.
2016-45, as amendedbyS.L.
2019-29, respectively.
SECTION 5.
115C-218.30 reads as rewritten:
"§ 115C-218.30.
Accountability;
reporting requirements to State Board of Education.
(a) The school is subject to the financial audits, the audit procedures, and the audit requirements adopted by the State Board of Education for charter schools.
These audit requirements may include the requirements of the School Budget and Fiscal Control Act.
The audit requirements shall not include submission to, review of, or approval by, the Local Government Commission for any audit reports, audit contracts, or audit invoices, nor shall they require any other authority, involvement, or oversight by the Local Government Commission with regard to financial reporting, accountability requirements, or procedures.
(b) The school shall comply with the reporting requirements established by the State Board of Education in the Uniform Education Reporting System.
(c) The school shall report at least annually to the State Board of Education the information required by the State Board." PART III.
CLARIFYINGANDADMINISTRATIVE CHANGES TO ALAWRELATING TO REPORTS SUBMITTED TO THE COUNCIL OF STATE SECTION 6.
G.S.
These rules and regulations shall include provisions for development of specifications, advertisement, and negotiations with owners for acquisition by purchase, gift, House Bill 163-Second Edition Page 3 General Assembly Of North Carolina Session 2021 lease, or rental, but not by condemnation or exercise of eminent domain, on behalf of the University of North Carolina Health Care System.
These rules and regulations shall include provisions for development of specifications, advertisement, and negotiations with owners for acquisition by purchase, gift, lease, or rental, but not by condemnation or exercise of eminent domain, on behalf of the University of North Carolina Health Care System.
EFFECTIVE DATE SECTION 7.
MISCELLANEOUS SECTION 4.
The Local Government Commission shall have the authority to impound the books and records and take anyother action authorized by G.S.
159-181, as enacted House Bill 163-First Edition Page 3 General Assembly Of North Carolina Session 2021 in Section 2(c) of this act, with respect to the Towns of Eureka and Spencer Mountain, whose charters were suspended in S.L.
2019-29 and S.L.
2016-45, as amended by S.L.
Show all 44 changed rows (4 more)
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2019-29, respectively.
PART V.
EFFECTIVE DATE SECTION 5.
Page 4 House Bill 163-Second Edition
Page 4 House Bill 163-First Edition
⬇ Download PDF
View plain text versions (6)

How this bill changes current law

5 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill makes clarifying and administrative changes regarding the State Treasurer's investment programs, local government commission, and various reporting requirements.

  • G.S. 147-69.3

    The Investment Authority may invest in the countries of Sudan and South Sudan to the extent not prohibited by the United States Government, or to the extent that such investment is part of an index or index replication strategy, a commingled fund, limited partnership, or similar investment vehicle, or a derivative instrument. → (i3) The Treasurer may invest in the countries of Sudan and South Sudan to the extent not prohibited by the United States Government, or to the extent that such investment is part of an index or index replication strategy, a commingled fund, limited partnership, or similar investment vehicle, or a derivative instrument.

    This change clarifies the investment authority of the State Treasurer regarding certain countries, specifically Sudan and South Sudan.

  • G.S. 147-86.57

    It does not include beneficial ownership through index funds, or index replication strategies, commingled funds, limited partnerships, or similar investment vehicles, or derivative instruments, or the like.instruments. → It does not include beneficial ownership through index funds, or index replication strategies, commingled funds, limited partnerships, or similar investment vehicles, or derivative instruments.

    This change modifies the definition of 'Investment' to remove a redundant phrase and clarify the exclusion of certain investment forms.

  • G.S. 143-128.1C

    The development contract shall specify the responsibilities of the governmental entity and all other participants with respect to financing of the project. → The responsibilities of the governmental entity and all other participants with respect to financing of the project.

    This change maintains clarity in specifying development contract requirements for public-private partnerships.

  • G.S. 159-28

    The automated financial computer system must have all of the following: → The automated computer system must have all the following:

    This change streamlines the language regarding the requirements for the automated financial computer system.

  • G.S. 159-181

    If the Commission waives the annual audit requirement, the Commission shall consider making a recommendation to the General Assembly or other organizing body for the revocation of the charter or the dissolution of the unit of local government or public authority. → If the Commission waives the annual audit requirement, the Commission shall consider making a recommendation to the General Assembly or other organizing body for the revocation of the charter or the dissolution of the unit of local government or public authority.

    This change emphasizes the oversight powers of the Local Government Commission in instances of non-compliance.

Action History

  1. Signed by Gov. 6/28/2021

  2. Ch. SL 2021-58

  3. Pres. To Gov. 6/18/2021

  4. Ratified

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Ordered Enrolled

  8. Reptd Fav

  9. Reptd Fav

  10. Re-ref Com On Rules and Operations of the Senate

  11. Withdrawn From Com

  12. Re-ref to Pensions and Retirement and Aging. If fav, re-ref to Rules and Operations of the Senate

  13. Regular Message Sent To Senate

  14. Regular Message Received From House

  15. Passed 1st Reading

  16. Ref To Com On Rules and Operations of the Senate

  17. Reptd Fav

  18. Cal Pursuant Rule 36(b)

  19. Added to Calendar

  20. Passed 2nd Reading

  21. Passed 3rd Reading

  22. Reptd Fav Com Sub 2

  23. Re-ref Com On Rules, Calendar, and Operations of the House

  24. Reptd Fav Com Substitute

  25. Re-ref Com On Local Government

  26. Passed 1st Reading

  27. Ref to the Com on Pensions and Retirement, if favorable, Local Government, if favorable, Rules, Calendar, and Operations of the House

  28. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 5 co-sponsors · 171 not signed on · 1 voted No

Sponsors (3)

Co-sponsors (5)

Not signed on (171)

171 members have not signed on to this bill.

Show all 171 →

"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

Votes

Second Reading

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 18000
Republican 19000
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
Bazemore — Yea
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
Nickel — Yea
Woodard — Yea
Ballard — Yea
Edwards — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Perry — Yea
Proctor — Yea
Steinburg — Yea
D. Davis — Yea
J. Jackson — Yea
P. Newton — Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Not Voting
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sarah Crawford Democratic Yea
Sydney Batch Democratic Yea
Tracy Clark Democratic Yea
Amy S. Galey Republican Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Second Reading

Passed 117 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 26100
Unaffiliated 44001
U 2000
Republican 45001
Total 117102
% of votes cast 98%1%0%2%
How each member voted (120)
Member Party Vote
Autry — Yea
Clemmons — Yea
Cooper-Suggs — Yea
Farkas — Yea
Fisher — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Hunt — Yea
Hunter — Yea
Hurtado — Yea
Insko — Yea
Lucas — Yea
Martin — Yea
Richardson — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bradford — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Davis — Yea
Elmore — Yea
Faircloth — Yea
Hardister — Yea
Hurley — Yea
Johnson — Yea
McElraft — Yea
McNeill — Yea
Mills — Yea
Moore — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Gailliard — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Yea
R. Smith — Yea
Abe Jones Democratic Yea
Allison A. Dahle Democratic Yea
Amber M. Baker Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
James Roberson Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Terence Everitt Democratic Yea
Terry M. Brown Jr. Democratic Yea
Vernetta Alston Democratic Yea
Zack Hawkins Democratic Yea
Ben T. Moss, Jr. Republican Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Steve Tyson Republican Yea
Timothy D. Moffitt Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Subjects

public-safety finance labor
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Frequently asked questions

Who sponsors HB 163?
HB 163 is sponsored by C. Smith, McNeill, Dennis Riddell (Republican), Cleveland, Edward C. Goodwin (Republican), Keith Kidwell (Republican), Jeffrey C. McNeely (Republican), and Donna McDowell White (Republican).
What is the current status of HB 163?
This bill has been enacted into law. Introduced February 25, 2021. Enacted.
Where can I track HB 163?
Track HB 163 free on One Click Politics — get push/email alerts when it moves.

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