The House Oversight Committee continued to probe the core functions of state agencies on March 13. Information technology, human resources, and other enterprise-wide services took center stage in the morning. State Controller Nels Roseland discussed his agency’s central role in payments to vendors and employees.
DIT: “End of life” technology is a cybersecurity risk
Department of Secretary Teena Piccione said the has security vulnerabilities because “a lot of technology is end of life.” Co-Chair Jake Johnson (R-Polk) emphasized the importance of cybersecurity, saying, “It is very unlikely that an enemy combatant is going to storm the Outer Banks. I think it is very likely that every day we will see a foreign actor try to compromise North Carolina through a cyberattack.”
Piccione also emphasized DIT’s role in providing universal access to high-speed internet with satellite, cellular coverage, and fiber lines.
OSHR: It takes six months for state government to hire somebody
Committee members were surprised to hear State HR Director Staci Meyer declare, “It takes 182 days to hire an employee in state government.” Meyer pointed to the complicated application for state employment, and committee members pressed her on lapsed salaries from chronic position openings and the time it takes to reclassify newly opened positions.
Meyer said the State Personnel Act needs to be modernized. Until the governor approves them, however, she could not offer specific statutory changes for legislators to consider or rule changes that OSHR might pursue.
DOA: Currently underutilized office space and historically underutilized businesses
Secretary-designee Gabriel Esparza described DOA’s role as the business manager of state operations. He aims for the department to do its work quickly, efficiently, and on-budget.
In an example of how a single office can be pulled in different directions, Rep. Dean Arp (R-Union) questioned Esparza on the statutory requirement for agencies and local governments to “have a verifiable ten percent (10%) goal for participation by minority businesses in the total value” of building projects (G.S. 143-128.2). In his response, however, Esparza focused on the statewide uniform certification of historically underutilized businesses program (G.S. 143-128.4, G.S. 143-48.4), which he described as an outreach and education effort.
Rep. Mike Schietzelt (R-Wake) and Rep. Zech Hawkins (D-Durham) asked Esparza about under-utilized office space, particularly in the Triangle. Esparza offered selling the property and returning money to the taxpayer or making it available to local governments or nonprofits.
OSC: Responsible for the state’s “checkbook”
State Controller Nels Roseland cited the state’s AAA bond rating as evidence of financial strength. He said North Carolinians can have confidence in part because of his office’s record of paying the state’s bills and employees and its public reporting of the state’s financial condition.
Roseland pointed to Open Budget data available through DIT’s Government Data Analytics Center (GDAC) as an example of transparency, but Rep. Schietzelt asked if the State Controller’s Office could help provide transaction-level information online, like a check register.
Roseland reaffirmed for Rep. Allen Chesser (R-Nash) that his office only approves checks for funds appropriated by the General Assembly.
Up Next
The Oversight Committee will not meet March 20, but will resume its sessions with state agencies on March 27.
The House Oversight Committee will continue its series of hearings asking fundamental questions of agency secretaries and directors March 13 at 9 a.m.
The committee will hear first from Department of Information Technology Secretary-designee Teena Piccione, Office of State Human Resources Director Staci Meyer, and Department of Administration Secretary-designee Gabriel Esparza.
State Controller Nels Roseland, rescheduled from February 26, will testify in the afternoon.
“We learned a lot during our first Oversight hearing. As we drill down to the one primary mission of each agency, we want to hear how that makes a difference for our citizens,” Co-Chair Jake Johnson (R-Polk) said.
With a new gubernatorial administration comes the opportunity to take a fresh look at state agencies, why they exist, and what they do. Over the coming months, the House Oversight Committee will call on agency secretaries and directors to answer the question: “Does the agency make life in North Carolina better?”
The committee will hold a set of hearings in its February 27 meeting. At 10:30 a.m., Secretary-designee of Revenue McKinley Wooten, Jr., State Controller Nels Roseland, State Budget Director Kristin Walker, and Treasurer Brad Briner will explain what their agencies do and how they can help with accountability measures for others.
Department of Transportation Secretary Joey Hopkins and DMV Commissioner Wayne Goodwin will begin their testimony at 1:00 p.m.
“Government efficiency starts with defining the job of government in practical terms,” Co-Chair Brenden Jones (R-Columbus) said.
Co-Chair Jake Johnson (R-Polk) added, “It’s a fair question to ask every agency: How do we know our spending on an agency has any impact, good or bad, on the people of North Carolina?”
“Government should exist for the people,” Co-Chair Harry Warren (R-Rowan) said. “Our committee members want to assess where things stand and what can be accomplished.”
NCInnovation provided its 2024 audit to General Assembly on November 21. You can find the audit here and an Excel spreadsheet of the financials here. Of note in the cover letter from independent auditor BDO is the acknowledgement that NCInnovation did not have an independent audit before receiving its first $250 million in state funds:
The 2023 financial statements of the Organization were reviewed by other auditors, whose report dated January 10, 2024[,] stated that they were not aware of any material modifications that should be made to those statements for them to be in accordance with accounting principles generally accepted in the United States of America. A review is substantially less in scope than an audit and does not provide a basis for the expression of an opinion on the financial statements as a whole. [emphasis added]
NC Gen. Stat. 143-728(d)(9) requires NCI to “maintain separate accounting records for and separate accounts [for State and private funds] and shall not commingle [the two],” but the audited financial statements do not make clear the separation of public and private funds. Despite this, it appears that grants are the only thing currently being paid from state funds. This is the largest expense for NCI as projects in the pilot round of grants qualify for their second tranche of funding and as NCI completes its first statewide round of grantmaking in early 2025. The Request for Proposals page states, “The deadline for the fall 2024 pre-application is Friday, December 13, 2024. Applicants can anticipate hearing a response from NCI within one to two months from the application deadline.”
The second largest expense for NCI is salaries and benefits, totaling $2.6 million for the fiscal year. Because the regional hub personnel did not start until November, the annualized expense is more than $3.0 million.
NCInnovation FY2024 Audited Financial Statements and Report [PDF]
Annotated NCInnovation FY2024 Audited Financial Statements [Excel]
House Oversight and Reform Co-chair Jake Johnson’s op-ed on the State Board of Elections party-line vote against the Justice For All Party ran in the Raleigh News & Observer, Charlotte Observer, and Durham Herald-Sun on July 31, 2024. A federal judge later ruled in favor of the Justice For All Party and the State Board of Elections then voted unanimously to allow Cornell West to appear on the November ballot.
Rep. Johnson explained how members misused the unrepresentative results of a non-random survey to justify their party-line vote.
“The board’s decision on the Justice for All party also was a methodological mess. First, Board staff pulled a random sample of 250 people from this non-random and potentially skewed population for follow-up phone calls, according to board staff. Such a random sample can be unrepresentative, however, and staff did not take any steps to ensure its sample reflected the larger population of those who provided phone numbers, let alone the entire population of petition signers. Although the State Board of Elections has a statistician on staff, that person was not consulted about the validity of this survey methodology.
“Biased sample in hand, staff made one call to each phone number on the list from State Board of Elections phone numbers during business hours between July 9 and 11. Only 49 of the 250 people responded. Again, staff did not consider how those 49 people differed from the 201 people who did not answer or the 5,040 not in the sample or the 11,951 who provided no phone number at all.
“Despite this, board chairman Alan Hirsch and board member Jeff Carmon both said the survey of 49 people was key to their votes against the Justice for All Party.”
Read the whole op-ed:
The House Oversight and Reform Select Committee has called elections officials and an expert to testify before the committee on Tuesday, July 23, at 9 a.m. in the Legislative Building’s Blue Ridge Auditorium.
North Carolina State Board of Elections Executive Director Karen Brinson Bell, Chairman Alan Hirsch, and Andy Jackson, director of the Civitas Center for Public Integrity at the John Locke Foundation, are expected to address the board’s decisions on whether to allow three parties’ petitions to be placed on the November ballot. The board ultimately voted to recognize the Constitution Party and the We The People Party but denied the Justice For All Party. The decisions, mostly along party lines, raised questions about how the board made its determinations, any third-party communication related to the issues, and potential political motivation driving the ruling.
“We question the actions of the Board of Elections,” Rep. Jake Johnson (R-Polk) said. “We need answers as to why three parties that had seemingly met the requirements to be on the ballot, were rejected. If this ruling was politically motivated, as is perceived, we owe it to the citizens of North Carolina to bring that to light.”
“How do we trust the board and its staff when their actions seem to be designed to limit ballot access for new parties?” Rep. Harry Warren (R-Rowan) said. “People need to trust the election system. The process to approve new parties this year has done little to foster that trust.”
The House Oversight and Reform Select Committee has called NCInnovation (NCI) CEO Bennet Waters to testify before the committee Tuesday, July 9, at 9 a.m. in the Legislative Building’s Blue Ridge Auditorium.
NCI is a public-private partnership intended to speed commercialization of university research. After proposals to fund NCI from the earnings of a $1.425 billion endowment, the final 2023 budget bill (HB 259, SL 2023-134) included two appropriations to the endowment of $250 million each.
“The General Assembly made a big bet on NCInnovation. If it succeeds in bringing university research to market, the state will reap significant returns,” said co-chair Rep. Harry Warren (R-Rowan). “NCI leadership has not publicly addressed its funding assumptions or its operations. This hearing can be a step to increase our comfort with putting so much faith in one organization’s ability to pick winning technologies.”
Committee members have questions on NCI’s legislative reporting, receipt and use of state funds, its operations and grantmaking, its funding assumptions, and its long-term plans.
Co-chair Rep. Jake Johnson (R-Polk) noted, “NCInnovation intentionally chose two projects from each region, which does raise concerns of how much it is making decisions on merit and how much on political considerations.”
Raleigh, NC – The House Oversight and Reform Committee has requested Department of Motor Vehicles Commissioner Wayne Goodwin to appear before the committee Thursday, June 6, at 9 a.m. in the Legislative Building Auditorium.
Members of the committee will be seeking answers on problems old and new. Goodwin is expected to address the backlog of delivery of driver’s licenses and state IDs and report on the implementation of kiosks. Members will also question the commissioner on the transition to a new vendor for credentials, expectations for the summer DMV office rush, and the status of license plate agencies.
“Drivers have enough frustrations dealing with the DMV without additional delays in getting their licenses. I expect Commissioner Goodwin will be able to explain the reason for the delay and what measures the DMV is taking to fix this latest problem quickly,” co-chair Harry Warren (R-Rowan) said.
Members will also be following up on questions from last year’s House Oversight hearing and a February meeting of the Joint Legislative Transportation Oversight Committee.
“DMV deserves scrutiny,” said co-chair Jake Johnson(R-Polk). “It is one of the most conspicuous services of state government, so it should set the bar for customer service. We know its problems and I hope Commissioner Goodwin will be able to tell us about its progress.”
Members of the House Oversight and Reform Committee gained a clearer understanding of the North Carolina Reinsurance Facility Tuesday, January 30.
Executive Director Joanna Biliouris explained that the Facility exists because drivers are required to purchase liability insurance, insurers cannot set rates entirely based on the risk of a specific policy, and the rates that are allowed are too low for companies to provide that insurance to everyone. In short, the Facility does what it was created by statute to do. but that the Facility can’t quantify its own value. Legislators also learned that the Facility operates as it does due to how the insurance commissioner sets auto liability rates.
The cost of the Facility in the year ending June 30,2023, was $360 million in surcharges on every auto liability policy written in North Carolina, but the value is harder to quantify. Biliouris said, “The Facility cannot be credited with North Carolina having such low liability rates, but North Carolina’s low liability rates can be attributed to the Facility being a part of the state’s regulatory and statutory landscape.”
Ads tout that customers can purchase insurance priced to their driving habits. However, in North Carolina that is not the case: all drivers pay 9.8% higher premiums through a surcharge to cover riskier drivers in the Reinsurance Facility. Biliouris told the committee that the Facility covers 28% of premiums and 20% of policies. Even policies in the Facility pay the surcharge, which means many of them could be cheaper if an increase in premiums led to a larger reduction in the surcharge.
Fully 78% of vehicles in the Reinsurance Facility are “clean risks,” meaning the associated drivers have no points on their driving record but have other factors, such as speeding tickets, accidents, or inexperience behind the wheel that make them more likely have a claim.
Legislators focused on ways to improve the broader market and reduce the need for the Reinsurance Facility.
“I’m hoping we can do some things to accelerate this transition
Rep. Jake Johnson
and get it moving faster.”
Representative George Cleveland (R-Onslow) asked, “Can the Facility do its function as provided by law if clean risks were not allowed?”
“If there was more flexibility in the rates that companies could charge [in the voluntary market], they would likely not send that risk to the Facility.” Biliouris acknowledged. “If the Facility was able to determine the rates for any risk that came in,” it could. Such changes could result in lower premiums and surcharges for most drivers.
“I see a recurring problem, and that is that I believe insurance rates are insufficient,” Rep. Allen Chesser (R-Nash) said. “Is it a bigger problem that inadequate rates have been approved?”
“The drivers that are ceded to the Facility are primarily ceded because it was too much risk for the company to take on for not enough price,” Biliouris said.
Biliouris agreed with co-chair Harry Warren (R-Rowan), “If rates were raised…there would be a reduction in the number of policies ceded.”
Co-chair Rep. Jake Johnson (R-Polk) concluded that he saw a need for reform: “I’m hoping we can do some things to accelerate this transition and get it moving faster.”
Members of the House Oversight and Reform Committee will continue their attempt to get concrete answers from the Department of Insurance on the effectiveness of the North Carolina Reinsurance Facility (NCRF) in a hearing Tuesday, January 30, 2024, at 9 a.m.
In December 2023, the committee questioned Insurance Commissioner Mike Causey about auto insurance rates and the costs versus benefits of the Facility. Causey was unable to provide tangible justification, so, the committee has invited NCRF executive director Joanna Bilouris to address those unanswered questions.
The most prevailing question is: How does the NCRF contribute to the low rates that North Carolina drivers pay?
North Carolina has among the lowest rates in the nation, but it also operates a reinsurance facility, one of only two states to operate its residual market in this way. Twenty-five percent of drivers are in the Facility. Legislators aim to determine what part the Facility plays in those low rates amidst other factors such as liability law and fewer uninsured drivers.
“We expected more from Commissioner Causey in our last hearing but were left unsatisfied,” co-chair Rep. Jake Johnson said. “We anticipate Director Bilouris’s answers to what we’ve asked all along: ‘do our citizens pay more than they should for auto insurance?’ It’s our duty as a committee to investigate the necessity of a government program that may not be financially or practically beneficial to our state.”
“It’s really quite simple: show us evidence that having the Facility does what you say it does—is the Facility the reason North Carolina has low auto insurance rates,” co-chair Harry Warren said. “We can’t just take their word for it. Provide the numbers. We are not the lowest in the country, and those that are, don’t have a facility.”