Enacts GS 14-118.8 to provide the following. Makes it a Class H felony punishable by a fine of up to $1,000 and/or imprisonment to knowingly and without consent impersonate another person through or on a website or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person, including the misrepresented person. Defines electronic means to include email, text, or instant messaging accounts, and social networking accounts or profiles, in another person's name. Defines impersonate, imposter, and misrepresented person. Creates a civil cause of action against the imposter, making actual damages at the rate of the higher of $1,000 per day of the violation or $10,000, punitive damages, and reasonable attorneys' fees and other litigation costs recoverable by the misrepresented person or another person who is harmed, intimidated, threatened, or defrauded by the imposter through or on a website or by other electronic means. Excludes law enforcement officers in the discharge or attempt to discharge official duties, and licensed private detective services professionals engaging in the discharge of official duties. Specifies that the statute does not preclude prosecution under any other law. Applies to acts committed on or after December 1, 2021.
The Daily Bulletin: 2021-03-22
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The Daily Bulletin: 2021-03-22
| Intro. by White, Strickland. | GS 14 |
Requires the NC Residential Code for One- and Two-Family Dwellings, including applicable provisions from the NC Energy Code and the NC Electrical Code, to provide that all new one- and two-family dwellings include at least one electric vehicle-ready parking space, as defined, and with a dedicated branch circuit as described, unless no parking spaces are provided for the dwelling unit. Directs the NC Building Code Council to amend the NC Residential Code for One- and Two-Family Dwellings and applicable provisions from the NC Energy Code and the NC Electrical Code consistent with the described provisions, to become effective January 1, 2022.
| Intro. by Butler, von Haefen, Brockman, Brown. | UNCODIFIED |
Creates the 18-member Joint Legislative Study Committee on Statewide Commuter Rail, consisting of nine members of the House of Representatives appointed by the Speaker of the House of Representatives and nine members of the Senate appointed by the President Pro Tempore of the Senate. Charges the Committee with developing a statewide strategic vision for commuter rail that integrates freight, passenger, and commuter rail uses to encourage increases in passenger rail traffic. Requires that the study provide opportunity for public engagement and include the development of a commuter rail plan to integrate all uses of fixed rail within the state that implements best practices, including integration with four specified plans and sets of recommendations. Sets out 11 topics that must be evaluated as a part of the study, including the use of emerging technologies to enhance rail capacity, safety, and speed; opportunities and challenges for public and private economic development partners; and the use of tax incentives for non-State-owned railroads to create incentives for cooperation with the construction of new rail passenger services and related development. Sets out the Committee's powers. Sets out requirements for staffing the committee. Provides for filling vacancies, establishing a quorum, and paying members subsistence and travel expenses. Requires an interim report to the NCGA when it reconvenes in 2022, and a final report to the 2023 NCGA. Terminates the Committee upon the earlier of the filing of the final report or the convening of the 2023 NCGA. Specifies that the Committee's work is not intended to preempt or delay any ongoing studies or projects involving commuter rail undertaken by units of local government.
| Intro. by Alston, Morey, Hawkins, Martin. | STUDY, UNCODIFIED |
Amends GS 162A-201, which sets forth the defined terms for Article 8 governing system development fees, to specify that a facility must provide a general benefit to the area the facility serves. Makes technical changes.
Amends GS 162A-205, which requires a system development fee imposed by a local government to be calculated based on a written analysis that meets eight criteria. Adds to the required criteria of the written analysis to support a system development fee to require the use of the gallons per day service unit that the local government unit applies to its water or sewer system engineering or planning purposes for water or sewer, as appropriate, in calculating the fee.
Modifies the minimum requirements for calculation of a system development fee set out in GS 162A-207 to no longer specifically refer to water or sewer capital improvements and water or sewer facilities, but instead refer to capital improvements and facilities.
Modifies the language used to calculate revenue from system development fees using the buy-in method under GS 162A-211(b) to require the deduction of outstanding debt principal rather than debt credits.
Specifies that the act clarifies existing law with minimum standards employed by all generally accepted accounting, engineering, and planning methodologies used to calculate system development fees for public water and sewer systems.
| Intro. by Arp, Hardister, Hanig, Meyer. | GS 162A |
Appropriates $265,000 for 2021-22 from the General Fund to the City of Durham to be provided as a grant to the Pauli Murray Center for History and Social Justice, for capital improvements to the Pauli Murray Family Home. Effective July 1, 2021.
Appropriates $2.5 million for 2021-22 and $2.5 million for 2022-23 from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, to support programs across the state that assist individuals with Down Syndrome and their families in developing an independent adult life for the individual with Down Syndrome. Prohibits allocating the funds to any program that does not have a proven record of providing at least one of the following services to adult individuals with Down Syndrome: (1) assistance with dignified integration into the community; (2) housing assistance; or (3) job training, job placement, or both. Effective July 1, 2021.
| Intro. by Bradford. | APPROP |
Includes whereas clauses. Enacts GS 115C-47(65) to require local boards of education to ensure that each school within the local school administrative unit is staffed by at least one full-time, permanent school nurse. Applies beginning with the 2021-22 school year.
Appropriates $102,000,000 in recurring funds from the General Fund to the Department of Public Instruction (DPI) for 2021-22 to increase the Instructional Support Allotment. Restricts use of the funds to increasing school nurse positions to provide one full-time, permanent school nurse for every school in the unit. Specifies that the funds are to supplement funds already provided for school nurses.
Effective July 1, 2021.
Includes whereas clauses. Enacts GS 115C-47(65) and 115C-12(47) to charge local boards of education and the State Board of Education with ensuring that each school within the local school administrative unit, and each school operated under the control of the State Board, respectively, is staffed by at least one full-time, permanent school nurse. Enacts the following provisions to require charter schools, regional schools, and lab schools to ensure that the respective school is staffed by at least one full-time, permanent school nurse: GS 115C-218.75(i); GS 115C-238.66(17); and GS 116-239.8(b)(19). Applies beginning with the 2021-22 school year.
Appropriates $102,000,000 in recurring funds from the General Fund to the Department of Public Instruction (DPI) for 2021-22 to increase the Instructional Support Allotment. Restricts use of the funds to increasing school nurse positions to provide at least one full-time, permanent school nurse in every school in a public school unit. Specifies that the funds are to supplement any funds already provided for school nurses.
Effective July 1, 2021.
Makes the following changes to GS 20-114.1 regarding the appointment, qualification, and training of a traffic-control officer. Raises the age requirement for traffic-control officers from 18 to 21. Changes the validity of a traffic-control officer's authorization card issued by the appointing police chief or sheriff to expire three years rather than two years from the date of its issuance. Offers as an alternative to the existing three-hour training requirement under the supervision of a law-enforcement officer, meeting eight hours of approved training through a coursed offered by the NC Community College System in directing, controlling, or regulating traffic. Requires four hours of classroom training or instruction and four hours of documented roadside training. Requires persons completing the training course to take a refresher course for reappointment upon expiration of the person's initial appointment, unless the appointment is revoked by the appointing law-enforcement agency. Directs the NC Justice Academy to develop a training program for traffic-control officers to be offered by the NC Community College System, with requirements for initial training and a refresher course. Authorizes a community college to charge a fee for the training and refresher courses, and requires provision of verifying documentation of course completion. Regarding required indemnity against liability for traffic-control officers, requires the indemnity policy to not be cancelable within the authorization period. Requires proof of coverage before issuance of an authorization card if the liability coverage is being provided by a person or entity other than the appointing law-enforcement agency. Makes language gender neutral. Effective October 1, 2021.
| Intro. by Brody, McNeill. | GS 20 |
Includes whereas clauses. Enacts GS 131E-112.5 to require the Secretary of the Department of Health and Human Services (DHHS Secretary) to establish visitation protocols for residents of nursing homes, combination homes, and hospice care facilities that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of the facility's normal visitation policy for any reason. Defines normal visitation policy to mean the visitation policy that was in effect at a facility on January 1, 2020. Lists three minimum requirements for the protocols, including that each resident has the right to designate one preapproved visitor and one preapproved alternative visitor to be allowed to visit the resident at least twice a month during any period of time during which the facility's normal visitation policy is suspended or curtailed for any reason during a declared disaster or emergency. Requires the DHHS Secretary to consult with licensed operators of nursing homes, combination homes, and hospice care facilities and other relevant stakeholders in establishing the protocols. Defines disaster declaration, emergency, and facility.
Enacts GS 131E-112.6 (concerning licensed nursing homes and combination homes) and GS 131E-207.5 (concerning licensed hospice care facilities) to define the effectiveness of the protocols established by the DHHS Secretary under new GS 131E-112.5 to be during any period of time when (1) there is a declared disaster or emergency, and (2) a licensed nursing home or combination home, or a licensed hospice care facility, respectively, suspends or restricts the normal visitation policy for any reason.
Requires the DHHS Secretary to implement the visitation protocols established under new GS 131E-112.5 by March 15, 2022, and submit a summarizing report of the protocols to the specified NCGA committee chairs at least 30 days prior to implementation.
| Intro. by Dixon, Lambeth, White, Moss. | GS 131E |
Amends GS 72-1 to require an innkeeper to provide suitable lodging accommodations for persons accepted as guests in an inn, hotel, motel, or other similar transient occupancy (was, inn or hotel). Defines transient occupancy as the rental of an accommodation by an inn, hotel, motel, or similar lodging to the same guest or occupant for fewer than 90 consecutive days.
Enacts new GS 42-14.5 providing that the provisions of GS Chapter 42 (landlord and tenant) do not apply to transient occupancies (as defined above). Specifies that an agreement related to a transient occupancy is not deemed to create a tenancy or a residential tenancy unless expressly provided in the agreement.
Applies to a person renting an accommodation in a hotel, motel, or similar lodging facility on or after the date this act becomes law. Requires that a person's rental period be calculated from the first day of consecutive occupation, or right of occupation, in the lodging facility regardless of whether the period began before the act's effective date.
Part I.
Entitles this act “The Hate Crimes Prevention Act.”
Part II.
Amends GS 14-3 by expanding the categories under which a crime will be elevated to a higher level offense as a hate crime under subsection (c) to include crimes committed because of the victim’s ethnicity, gender, gender identity, gender expression, disability, or sexual orientation. Class 2 or Class 3 misdemeanors committed for these reasons will be elevated to a Class 1 misdemeanor. Class A1 or Class 1 misdemeanors committed for these reasons will be elevated to a Class H felony. Adds new subsection (d), permitting the victim of a hate crime as defined in subsection (c) or an immediate family member of the victim to obtain appropriate relief from the offender in a civil action in any court of competent jurisdiction, including actual damages, punitive damages, reasonable attorneys’ fees, and any other litigation costs reasonably incurred. Actual damages under this subsection includes damages for emotional distress. Makes conforming changes to the statute's caption. Adds a new subsection (e), authorizing ordering a person convicted of or who has pleaded no contest to having engaged in conduct in violation of subsection (c) to participate in a restorative justice session with the victim at the victim's request, to be conducted as specified at the cost of the defendant.
Amends GS 14-401.14, changing the title from ethnic intimidation to Intimidation by hate crime; teaching any technique to be used in the commission of a hate crime. Expands the categories covering hate crime identical to the above changes to GS 14-3. Adds new subsection (c), allowing for the victim of a hate crime or their family to seek civil damages, identical to the above changes to GS 14-3. Adds new subsection (d), authorizing ordering a person convicted of or who has pleaded no contest to having engaged in conduct in violation of subsection (a) to participate in a restorative justice session with the victim at the victim's request, to be conducted as specified at the cost of the defendant. Includes gender-neutral pronoun change.
Amends GS 15A-1340.16(d)(17), expanding the definition of an aggravating factor identical to the above definition of hate crime.
Amends GS Chapter 14, Article 8, adding new GS 14-34.11, titled Felonious assault as a hate crime. Creates the crime felonious assault as a hate crime, defined as assaulting or attempting to assault a person and inflicting serious bodily injury because of the actual or perceived race, ethnicity, color, religion, nationality, country of origin, gender, gender identity, gender expression, disability, or sexual orientation of that person. Punishable as a Class F felony, elevated to a Class E felony if death results from the offense, or the offense includes the commission or attempted commission of kidnapping, first- or second-degree forcible rape, or first- or second-degree forcible sexual offense. Forbids introducing substantive evidence of expressions or associations of the accused at trial unless the evidence specifically relates to the crime charged under this statute. Permits the victim of a hate crime or the victim's family to seek civil damages, identical to the above changes to GS 14-3. Authorizes ordering a person convicted of or who has pleaded no contest to having engaged in conduct in violation of subsection (b) to participate in a restorative justice session with the victim at the victim's request, to be conducted as specified at the cost of the defendant. Defines gender identity as actual or perceived gender-related characteristics.
This Part becomes effective December 1, 2021, and applies to offenses committed on or after that date.
Part III.
Amends GS Chapter 143B, Article 13, enacting new GS 143B-907, titled Hate crime statistics. Directs the State Bureau of Investigation (SBI) to collect, analyze, and disseminate information regarding the commission of offenses punishable under GS 14-3(c), 14-401.14, or 14.34.11. This information must include the total number of offenses committed for each type, identifying characteristics of the offender and victim from each offense, and the disposition of each offense. Requires all State and local law enforcement agencies to report monthly to the SBI on offenses committed in their jurisdictions that meet the criteria for a hate crime. Requires the SBI to report to the General Assembly on a yearly basis on the information gathered. The SBI must also publish this report on its website. Requires the SBI to share any information collected under this section upon request of any local law enforcement agency, unit of local government, or State agency. Effective January 1, 2022.
Directs the SBI to develop guidelines for the information on hate crimes required to be submitted by local law enforcement agencies. Requires the first report by the SBI to the General Assembly to be submitted by January 15, 2023.
Appropriates $1.89 million in nonrecurring funds for the 2021-22 fiscal year from the General Fund to the SBI to cover any costs incurred in establishing the hate crime statistics database. Appropriates $530,000 in recurring funds for the 2021-22 fiscal year from the General Fund to the SBI to hire an additional employee to manage the database.
Effective July 1, 2021.
Part IV.
Amends GS 17D-2(c), adding new subdivision (5), requiring the North Carolina Justice Academy to develop and provide training to law enforcement officers on how to identify, respond to, and report hate crimes.
Amends GS 17C-6(a) and GS 17E-4(a), requiring the minimum educational, training, in-service training, and continuing education standards for criminal justice officers and sheriffs established by the Training Standards Commission to include education and training on how to identify, respond to, and report a hate crime.
Effective July 1, 2021.
Part V.
Amends GS 7A-413 to add new subsection (c), requiring the Conference of District Attorneys to develop and provide training to prosecutors on prosecuting hate crimes.
Effective July 1, 2021.
Part VI.
Except as otherwise provided, this act is effective when it becomes law.
Identical to S 327, filed 3/22/21.
Enacts new Article 32B, Management of Aqueous Film-Forming Foams, to GS Chapter 58. States legislative findings concerning Aqueous Film-Forming Foams (AFFF). Establishes the following annual requirements, beginning July 1, 2022, for fire departments operated, regulated, or managed by State or local government(s), including those located at or serving public airports. Requires provision of an inventory of all AFFF at each department and identification of all AFFF no longer used at each department that should be properly disposed of. Requires annual reporting in summary form, and within 15 days individually, of every incident where AFFF were deployed by using the identified online portal. Provides for partnership with the Office of the State Fire Marshal (OSFM) in meeting the annual requirements. Charges the OSFM with the following duties: (1) educate and inform every fire department it regulates of the Article's reporting requirements; (2) assist the NC Policy Collaboratory at UNC-Chapel Hill (Collaboratory) in the development of an online reporting portal for reporting required by the Article; and (3) adopt permanent implementing rules by July 1, 2022. Authorizes the OSFM to adopt temporary rules. Requires the OSFM to annually report to the Environmental Review Commission by September 1 on the use and inventory of AFFF by fire departments in the state during the previous fiscal year based on the Article's reporting requirements.
Details requirements of the online reporting portal developed and maintained by the Collaboratory in collaboration with the OSFM and relevant government entities, consisting of an online reporting tool and related database that captures AFFF storage and deployment by subject fire departments. Requires easy accessibility to firefighters and fire department personnel to upload required data. Identifies six data categories that must be included in the inventory data, such as the number of trucks at each department that carry AFFF and the volume, trade name, and CAS number of the AFFF on each truck, as well as any other information deemed relevant by the Collaboratory to establish a statewide AFFF inventory. Mandates cooperation by the OSFM and local governments. Sets a deadline for the operation of the tool and database for June 1, 2022.
Appropriates $500,000 from the General Fund to the UNC Board of Governors for 2021-22 to be allocated to UNC-Chapel Hill for the described activities of the Collaboratory. Effective July 1, 2021.
Includes whereas clauses.
Part I.
Appoints the specified persons to the following boards and commissions upon the recommendation of the Speaker of the House, effective on the specified date, with terms expiring as provided: 911 Board, Boxing Advisory Commission, NC Brain Injury Advisory Council, Governor's Crime Commission, Information Technology Strategy Board, NC Institute of Medicine, Rules Review Commission, UNC School of the Arts Board of Trustees, and UNC-Asheville Board of Trustees.
Part II.
Appoints the specified persons to the following boards and commissions upon the recommendation of the President Pro Tempore of the Senate, effective on the specified date, with terms expiring as provided: NC Partnership for Children Board of Directors, Education Commission for the States, Governor's Crime Commission, Rules Review Commission, Charter Schools Advisory Board, Judicial Standards Commission, UNC-Wilmington Board of Trustees, and Information Technology Strategy Board.
| Intro. by D. Hall. | UNCODIFIED |
Includes whereas clauses. Titles the act as, "The Save Women's Sports Act."
Enacts Article 29E, Biological Sex-Specific Athletic Teams, to GS Chapter 115C. Provides as follows. Requires express designation based on biological sex of all athletic teams for middle and secondary students participating in interscholastic or intramural athletic activities by a public school unit as one of the following: (1) males, men, or boys; (2) females, women, or girls; or (3) coed or mixed. Mandates that athletic teams or sports designated for females, women, or girls not be open to students of the male sex. Requires recognition of sex based on a person's reproductive biology and genetics at birth only. Prohibits governmental entities, licensing or accrediting organizations, or athletic associations or organizations from considering a complaint, investigating, or taking an adverse action against a school or public school unit for maintaining separate athletic teams or sports for students of the female sex pursuant to the Article. Creates a civil cause of action for injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of the Article and actual damages, reasonable attorneys' fees and costs. Defines standing to include (1) a biological female student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of the Article; (2) a biological female student who is subjected to retaliation or other adverse action by a public school unit, athletic association, or other organization as a result of reporting a violation of the Article to an employee or representative of the public school unit, athletic association, or any local, State, or federal agency with oversight of the public school unit; and (3) any public school unit or its representatives or employees who suffer any direct or indirect harm for prohibiting a biological male student from participating on a female, girls', or women's athletic team pursuant to the Article's requirements. Sets a two year statute of limitations on a claim under the Article.
Adds to the powers of the State Board of Education under GS 115C-12 regarding the adoption of rules governing interscholastic activities conducted by local boards of education, to include designation of teams consistent with the provisions of the new Article. Amends GS 115C-218.75 to subject charter schools organizing athletic teams for middle or secondary school students to participate in interscholastic or intramural athletic activities to the provisions of new Article 29E. Enacts GS 115C-566.10 to subject nonpublic schools that are members of a State-level association that governs participation in interscholastic athletic activities at the high school level to the provisions of new Article 29E.
Makes the above provisions applicable beginning with the 2021-22 school year.
Similarly enacts Article 38, Biological Sex-Specific Athletic Teams, to GS Chapter 116. Defines institution of higher education as a constituent institution of The University of North Carolina, a community college under the jurisdiction of the State Board of Community Colleges, or a private college or university located in North Carolina. Requires express designation based on biological sex of all intramural athletic teams and teams that are part of an intercollegiate athletic program of an institution of higher education, as those terms are defined, in the same manner as the designation required of athletic teams for middle and secondary students participating in interscholastic or intramural athletic activities by a public school unit under new Article 29E of GS Chapter 115C. Enacts substantively identical provisions regarding female sports teams' restrictions and sex recognition as those of new Article 29E, applicable to institutions of higher education, their students, and sports programs, in addition to enacting substantively identical protections for institutions of higher education and causes of action for violations and remedies under new Article 38 that mirror those enacted in new Article 29E of GS Chapter 115C. Applicable beginning with the 2021-22 academic year.
Includes a severability clause.
Requires the Division of Motor Vehicles (DMV), for the 2020-21 and 2021-22 school years, to waive the requirement that an applicant for a limited learner's permit or provisional license have a driving eligibility certificate or a high school diploma or its equivalent, so long as the applicant meets all other requirements for the limited learner's permit or provisional license. Waives the following requirements for the 2020-21 and 2021-22 school years: GS 115C-12(28) (concerning the State Board of Education's duty to develop rules for the issuance of driving eligibility certificates), GS 115C-218.70 (concerning the duties of a designee of a charter school's board of directors for driving eligibility certificates), GS 115C-288(k) (requiring school principals to sign driving eligibility certificates and to notify the DMV), GS 115C-566 (concerning nonpublic school duties related to driving eligibility certificates), and GS 115D-5(a3) (concerning the State Board of Community Colleges' duties related to driving eligibility certificates).
| Intro. by Winslow, Moffitt, Torbett, Elmore. | UNCODIFIED |
The Daily Bulletin: 2021-03-22
Enacts new Article 32B, Management of Aqueous Film-Forming Foams, to GS Chapter 58. States legislative findings concerning Aqueous Film-Forming Foams (AFFF). Establishes the following annual requirements, beginning July 1, 2022, for fire departments operated, regulated, or managed by State or local government(s), including those located at or serving public airports. Requires provision of an inventory of all AFFF at each department and identification of all AFFF no longer used at each department that should be properly disposed of. Requires annual reporting in summary form, and within 15 days individually, of every incident where AFFF were deployed by using the identified online portal. Provides for partnership with the Office of the State Fire Marshal (OSFM) in meeting the annual requirements. Charges the OSFM with the following duties: (1) educate and inform every fire department it regulates of the Article's reporting requirements; (2) assist the NC Policy Collaboratory at UNC-Chapel Hill (Collaboratory) in the development of an online reporting portal for reporting required by the Article; and (3) adopt permanent implementing rules by July 1, 2022. Authorizes the OSFM to adopt temporary rules. Requires the OSFM to annually report to the Environmental Review Commission by September 1 on the use and inventory of AFFF by fire departments in the state during the previous fiscal year based on the Article's reporting requirements.
Details requirements of the online reporting portal developed and maintained by the Collaboratory in collaboration with the OSFM and relevant government entities, consisting of an online reporting tool and related database that captures AFFF storage and deployment by subject fire departments. Requires easy accessibility to firefighters and fire department personnel to upload required data. Identifies six data categories that must be included in the inventory data, such as the number of trucks at each department that carry AFFF and the volume, trade name, and CAS number of the AFFF on each truck, as well as any other information deemed relevant by the Collaboratory to establish a statewide AFFF inventory. Mandates cooperation by the OSFM and local governments. Sets a deadline for the operation of the tool and database for June 1, 2022.
Appropriates $500,000 from the General Fund to the UNC Board of Governors for 2021-22 to be allocated to UNC-Chapel Hill for the described activities of the Collaboratory. Effective July 1, 2021.
Includes whereas clauses. Requires the Senate to consider whether to confirm Lt. Gen. Walter Gaskin as Secretary of the Department of Military and Veterans Affairs.
| Intro. by Rabon. | SENATE RES |
Amends GS 83A-13 to exempt from architectural licensure requirements the preparation, sale, or furnishing of plans, specifications, and related data, or for the supervision of construction under such, of an institutional or commercial building that does not have a total value exceeding $300,000 (was, $200,000) and the total building area does not exceed 3,000 square feet in gross floor area. Makes changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $300,000 (was $200,000) and a total project area less than 3,000 square feet. Adds two new exemptions from the requirement for a professional architectural seal: (1) any alteration, remodeling, renovation, or repair of a commercial building with a total value of less than $300,000; and (2) any alteration, remodeling, renovation or repair of a commercial building if the total building area does not exceed 3,000 square feet in gross floor area.
Amends GS 143-138 by adding a new subsection (b21) to prohibit the State Building Code or any local variance from requiring a permit for any construction, installation, repair, replacement, or alteration performed pursuant to the current edition of the Code and costing $20,000 or less in any commercial building or structure, unless the work involves the five activities excluded from the similar existing exemption granted for such costs under $15,000 for single family residences and farm buildings under subsection (b5) (excludes from the exemption activities related to load bearing structures, plumbing design, heating and air, prohibited materials, and roofing). Makes conforming changes to GS 160D-1110(c), regarding local variances.
Makes further conforming changes by enacting GS 143-138(b22) and GS 160D-1104(d1) to prohibit the State Building Code or any local variance from requiring that plans and specifications for any alteration, remodeling, renovation, or repair of a commercial building or structure be prepared by and under the seal of a registered architect or registered engineer if the costs are less than $300,000 or if the total building area does not exceed 3,000 square feet in gross floor area. Excludes the addition, repair, or replacement of load-bearing structures and projects subject to the requirements of GS 133-1.1(a) regarding the design of buildings involving public funds.
Applies to construction, installation, repair, replacement, renovation, or alteration begun on or after October 1, 2021.
Prohibits the following rules adopted by the Department of Transportation on August 28, 2020, from becoming effective: 19A NCAC 02E .0204 (Local Zoning Authorities); 19A NCAC 02E .0206 (Applications); and 19A NCAC 02E .0225 (Repair/Maintenance/Alteration/Reconstruction of Signs).
| Intro. by Sawyer, Perry. | UNCODIFIED |
Identical to H 347, filed 3/22/21.
Includes whereas clauses. Enacts GS 115C-47(65) to require local boards of education to ensure that each school within the local school administrative unit is staffed by at least one full-time, permanent school nurse. Applies beginning with the 2021-22 school year.
Appropriates $102,000,000 in recurring funds from the General Fund to the Department of Public Instruction (DPI) for 2021-22 to increase the Instructional Support Allotment. Restricts use of the funds to increasing school nurse positions to provide one full-time, permanent school nurse for every school in the unit. Specifies that the funds are to supplement funds already provided for school nurses.
Effective July 1, 2021.
Appropriates $994,000 from the General Fund to the Office of State Budget and Management (OSBM) for 2021-22 to be held in reserve to provide funds for the planning of a new facility for Isaac Bear Early College High School on the UNC-Wilmington (UNCW) campus as the partner institution of higher education for the cooperative innovative high school. Directs OSBM to allocate the funds to UNCW upon the signing of a memorandum of agreement between New Hanover County Schools and UNCW on the specifics of the facility project. Provides for reversion of the funds if a memorandum of agreement is not signed by June 30, 2022. Effective July 1, 2021.
| Intro. by Lee. | APPROP |
Transfers $20 million and $36 million from the General Fund to the State Capital Infrastructure Fund for 2021-22 and 20-22-23, respectively. Appropriates the transferred funds to the UNC Board of Governors to provide funds for the renovation and expansion of the Randall Library at UNC-Wilmington. Caps the total authorized amount for the project at $61.5 million, including funds appropriated for planning purposes by Section 36.2 of SL 2018-5 ($5.5 million). Effective July 1, 2021.
| Intro. by Lee. | APPROP |
The Daily Bulletin: 2021-03-22
Authorizes the Warren County Board of Commissioners to levy a room occupancy tax of 5%. Excludes accommodations furnished by nonprofit charitable, educational, or religious organizations when furnished in furtherance of their nonprofit purpose. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A-155 (uniform provisions for room occupancy taxes). Requires the Warren County Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the county and the remainder for tourism related expenditures. Requires the Warren County Board of Commissioners to adopt a resolution modifying the TDA to conform with the following. Makes the TDA a public authority under the Local Government Budget and Fiscal Control Act. Requires at least one-third of the TDA's members be affiliated with businesses that collect the tax in the county, and at least one-half of the members be currently active in the promotion of travel and tourism in the county. Requires the Board of Commissioners to designate one member of the TDA as chair and determine the compensation to be paid. Sets out the TDA's duties and reporting requirements. Makes conforming changes to GS 153A-155.
| Intro. by Garrison, Willingham. | Warren |
Amends the elections provisions governing the Winston-Salem/Forsyth County Board of Education (Board) set forth in SL 1961-112, as amended, to create staggered four-year terms for Board members. Implements staggered terms for members beginning in 2024 as follows. For District 1 members, requires the the person receiving the highest votes to serve a four-year term with the seat up for election in 2028 and quadrennially thereafter, and the person receiving the second highest votes to serve a two-year term with the seat up for election in 2026 and quadrennially thereafter. For District 2 members, requires the the persons receiving the highest and second highest votes to serve four-year terms with the seats up for election in 2028 and quadrennially thereafter, and the persons receiving the third and fourth highest votes to serve two-year terms with the seats up for election in 2026 and quadrennially thereafter. For District 3 members, requires the the person receiving the highest and second highest votes to serve four-year terms with the seats up for election in 2028 and quadrennially thereafter, and the person receiving the third highest votes to serve a two-year term with the seat up for election in 2026 and quadrennially thereafter. Makes technical and conforming changes.
Specifies that Board members elected in 2020, or persons appointed to fill a vacancy of such a Board member, are to continue to serve their term until a successor has been elected and qualified pursuant to the act.
Makes a technical correction to Section 2 of SL 1961-112, as amended.
| Intro. by Lambeth, Zachary. | Forsyth |
Limits the scope of the act to Gaston County only.
Section 1
Adds the following new provisions to GS 153A-52, concerning conduct of public hearings. Authorizes governing boards to adopt ordinances to provide that any notice the county is required to publish or advertise, by state law or local act, can be published electronically pursuant to the statute's new provisions in lieu of or in addition to the required publication or advertisement. Defines governing board to mean the body elected or appointed as the board of county commissioners, city council, or county board of elections. Allows for the ordinances to cover all required publications or advertisements, or to clearly identify categories of notices, and to set reasonable fees to cover electronic notice costs. Details requirements for adopting such ordinances and using electronic notice, including instructions for the public to access electronic notices, time and content requirements for electronic notices, filing requirements of copies of electronic notices, and requirements for mailing or emailing electronic notices to persons who file written requests, as specified. Specifies that the act does not supersede laws or acts requiring mailed notice to certain persons or classes of persons, or posting of signs to certain property. Specifies that ordinances can govern notice given by any board appointed by the governing board, including the planning board, board of social services, and board of health. Limits the scope of the statute to Gaston County and any municipality located wholly or in part in that county.
Amends GS 160A-1 (sets forth definitions used in GS Chapter 160A, governing cities and towns), GS 153A-1 (sets forth definitions used in GS Chapter 153A, governing counties), and GS 159-1(b) (sets forth definitions used in GS Chapter 159, governing local government finance), to include electronic notice, as provided for in amended GS 153A-52, in the definition provided for publish, publication, and other forms of the word publish, so long as an ordinance has been adopted by the relevant governing board.
Amends GS 163-33, authorizing the county board of elections to adopt a policy pursuant to GS 153A-52, as amended, to provide for notices, advertisements, and publications to be given electronically.
Specifies that Section 1 only applies to Gaston County, and any municipality located wholly or in part of that county, and applies to notices published on or after the date the act becomes law.
Section 2
Enacts new GS 1-602 allowing publishing of any notice permitted or required to be published in a newspaper, by instead contracting with a county who has adopted an ordinance authorizing the county to publish such notices on a website maintained by the county. Allows the board of commissions to adopt such an ordinance if the county: (1) maintains its own website, with sufficient staff to maintain that site; (2) has sufficient staff to complete affidavits as needed for all legal notices as required by this statute; (3) collects and remits fees as authorized in this statute; and (4) provides notice that public notices may be published on the county website, in a newspaper, or via both. Provides that when a county has published a notice or any other paper, document, or legal advertisement and a county employee makes a written statement under oath stating that the county placed such notice, paper, document, or legal advertisement on its website, the sworn written statement must be received in all courts in North Carolina as prima facie evidence that the county placed the notice, paper, document, or legal advertisement upon its web site for the stated period of time. Requires that such a sworn statement that is filed with that county’s superior court clerk, be deemed to be a record of the court and be prima facie evidence that the county placed the notice, paper, document, or legal advertisement upon its website for the stated period of time. Allows the county to charge fees for administrative costs. Provides that when a statute or written instrument stipulates that an advertisement of a sale must be made for a specified number of weeks, publication on the county website in accordance with this statute for that specified period is sufficient compliance. Requires any newspaper publishing public notices to provide notice that public notices may be published on the county website, in the newspaper, or via both. Specifies that this statute does not require a county to adopt an ordinance authorizing the county to publish notices on a website maintained by the county.
Specifies that Section 2 applies to Gaston County only and applies to notices published on or after the date the act becomes law.
The Daily Bulletin: 2021-03-22
Actions on Bills: 2021-03-22
H 86: INCREASE IN-SERVICE DEATH BENEFITS/LRS.
H 219: AMEND ENVIRONMENTAL LAWS. (NEW)
H 330: OPPOSING FEDERAL AUTHORITY REGARDING ELECTION.
H 331: 2021 UNEMPLOYMENT INSURANCE REFORM.
H 332: HISTORIC SITES-PROPERTY SALE REVENUE.
H 333: UNC/DISCIPLINARY MEASURES/DAMAGE CAMPUS PROP.
H 334: BUDGET TECHNICAL CORRECTIONS (NEW).
H 335: TIMELY LOCAL PAYMENTS TO CHARTER SCHOOLS.
H 336: ADOPT OSPREY STATE RAPTOR.
H 337: CONST. AMENDMENT/REPEAL LITERACY TEST.
H 341: PROTECTION FROM ONLINE IMPERSONATION.
H 342: BUILDING CODE/EV CHARGING STATION.
H 343: STATEWIDE COMMUTER RAIL STUDY.
H 344: SYSTEM DEVELOPMENT FEES UPDATE.
H 345: GRANT FOR NATIONAL HISTORIC PROPERTY.
H 346: FUNDS FOR DOWN SYNDROME PROGRAMS.
H 347: HEALTHY STUDENTS - NURSES IN EVERY SCHOOL.
H 348: ADD SCHOOL NURSES FOR HEALTHIER STUDENTS.
H 349: TRAFFIC-CONTROL TRAINING PROGRAM.
H 351: CLIFFORD'S LAW. (NEW)
H 352: HOTEL SAFETY ISSUES.
H 354: HATE CRIMES PREVENTION ACT.
H 355: FIREFIGHTING FOAM REGISTRY/PFAS BAN. (NEW)
H 356: SPEAKER/PPT APPOINTMENTS 2021.
H 358: SAVE WOMEN'S SPORTS ACT.
H 359: DRIVER ELIGIBILITY CERT. WAIVER & RESTORE. (NEW)
S 69: DMV LICENSING REQ/AUTH. VENDOR FOR ROAD TESTS.
S 103: REDUCE REG. TO HELP CHILDREN WITH AUTISM.
S 113: MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.
S 321: AMEND NC CONTROLLED SUBSTANCES ACT.
S 322: 2021 REVENUE LAWS CHANGES.
S 323: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.
S 324: STUDENT-ATHLETE COMPENSATION/STUDY.
S 325: TAMIL PONGAL STATE HOLIDAY.
S 326: ELECTION DAY INTEGRITY ACT. (NEW)
S 327: FIREFIGHTING FOAM REGISTRY.
S 328: CONFIRM LT. GEN. WALTER GASKIN/SEC. DMVA.
S 329: BLDG. PERMIT EXEMPT./TIMESHARE EFF. DATE. (NEW)
S 330: USE YOUR OUTSIDE VOICE.
S 331: HEALTHY STUDENTS - NURSES IN EVERY SCHOOL.
S 332: ED FACILITY/UNCW.
S 333: RANDALL LIBRARY RENOVATION- UNCW.
Actions on Bills: 2021-03-22
H 350: WARREN COUNTY OCCUPANCY TAX.
H 353: WINSTON-SALEM/FORSYTH AND WAKE BDS OF ED. (NEW)
H 357: GASTON COUNTY PUBLIC NOTICES.
S 122: TOWNS OF SPRUCE PINE & WEAVERVILLE DEANNEX. (NEW)
S 192: CITY OF HICKORY/PLANNING COMMISSION.
S 232: STUDENTS, PARENTS, COMMUNITY RIGHTS ACT.
S 256: ROCKINGHAM COMMUNITY COLLEGE BOT. (NEW)
S 260: MOORESVILLE TDA. (NEW)
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