The Daily Bulletin: 2023-02-06

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The Daily Bulletin: 2023-02-06

PUBLIC/HOUSE BILLS
H 50 (2023-2024) PISTOL PURCHASE PERMIT REPEAL. Filed Feb 2 2023, AN ACT TO REPEAL PISTOL PURCHASE PERMITS.

Identical to S 40, filed 1/30/23.

Repeals the following statutes concerning pistol permits: GS 14-402 (forbidding sale of pistols without permit), GS 14-403 (concerning issuance of a permit to purchase a pistol), GS 14-404 (concerning permit denials) and GS 14-405 (concerning confidentiality and record keeping requirements). Repeals GS 14-407.1 (concerning permits for the purchase of blank cartridge pistols). Repeals GS 14-315(b1)(1) (setting out the defense for selling a weapon to a minor that the minor produced a permit under now repealed GS 14-402). Repeals GS 122C-54(d2) (giving a sheriff access to a record of involuntary commitment for mental health treatment or for substance abuse treatment that is required to be reported to the National Instant Criminal Background Check System (NICS) by GS 14-409.43, for the purposes of conducting background checks under now repealed GS 14-404).

Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. 

Intro. by Chesser, D. Hall, K. Hall, Saine.GS 14, GS 122C
H 52 (2023-2024) FUNDS FOR DAVIE COUNTY PROJECTS. Filed Feb 6 2023, AN ACT TO APPROPRIATE FUNDS FOR VARIOUS PROJECTS IN DAVIE COUNTY.

Appropriates from the General Fund to the Office of State Budget and Management, $20,788,950 for 2023-24 to provide a directed grant to Davie County for the following projects in specified amounts.

  • Assistance with the funding of a new detention center and the reconfiguration of the existing detention center site for other public purposes.
  • Upgrades to existing generators or the purchase of new generators
  • Assistance to EMS services in the purchasing of quick response vehicles, ambulances, cardiac monitors, bariatric stretchers, and other equipment to safely transport patients during emergencies.
  • Upgrades to the radio and communication equipment for the various public safety departments in the county.
  • Improvements to various county facilities including the county’s annex building and public library.
  • Renovation of the Brock Building, which serves as an emergency shelter and houses various county services, including the Arts Council.
  • Purchase and installation of outdoor lighting for the baseball field at the Community Park.
  • New scanning equipment for the Sheriff’s Office.
  • Upgrades to the county’s core computing and storage systems.
  • Upgrades to the technology for and renovations of the county courthouse.

Effective July 1, 2023. 

Intro. by Howard.APPROP, Davie
H 53 (2023-2024) FIREARM IN UNATTENDED VEHICLE/SAFELY STORE. Filed Feb 6 2023, AN ACT TO PROHIBIT LEAVING A FIREARM IN AN UNATTENDED MOTOR VEHICLE UNLESS THE VEHICLE IS LOCKED AND THE FIREARM IS SECURED OR OTHERWISE SAFELY STORED.

Enacts new GS 14-269.9 making it a Class 2 misdemeanor to leave a firearm in an unattended motor vehicle unless the vehicle is locked and the firearm is either: (1) secured with a trigger lock or other safety device designed to prevent an unauthorized user from operating the firearm or (2) in a locked container. Applies to offenses committed on or after December 1, 2023.

Intro. by Morey, Autry, Logan, Longest.GS 14
H 54 (2023-2024) MAKE NORTH CAROLINA HOME ACT OF 2023. Filed Feb 6 2023, AN ACT TO TRANSLATE THE NORTH CAROLINA STATE BUILDING CODE INTO SPANISH; TO DIRECT THE DEPARTMENT OF COMMERCE TO ESTABLISH A WEBSITE TO TRACK ALL LOCAL PLANNING, ZONING, AND LAND-USE REGULATIONS; AND TO DIRECT THE DEPARTMENT OF COMMERCE TO DEVELOP A PROGRAM TO PARTNER WITH COUNTIES ON RESIDENTIAL SITE SELECTION.

Section 1 amends GS 143-138(g) (governing distribution of the North Carolina State Building Code (Code)) to require that the Code and any amendments be printed in English and translated into Spanish (currently, the Code is only available in English). Requires the Building Code Council (Council) to make the translated copies of the Code available upon written request. Effective January 1, 2025. 

Section 2 requires the Council to submit a progress report about the translation and publication of the Code in Spanish to the specified NCGA committee by April 1, 2024.

Section 3 requires the Department of Commerce (Department) to establish and maintain a public website to track all local planning, zoning, and land-use regulations under GS Chapter 160D (governing local planning and development) for the following purposes: (1) to create public transparency for various land use and building permitting processes across localities, (2) to allow prospective developers to understand and compare and contrast the various markets and building requirements in different areas, and (3) to provide a central location of information to assist various planning departments in obtaining details on policies. Effective July 1, 2023.

Section 4 requires the Department to develop and establish a program to partner with counties on residential site selection in the state, establishing measurable goals to fulfill housing needs in growing areas of the state by the year 2033. Requires Department’s website to contain a repository of sites and locations.  Effective August 1, 2023. 

Intro. by Moss.GS 43
H 55 (2023-2024) FIRE INVESTIGATION LAW REVISIONS. Filed Feb 6 2023, AN ACT TO EXPAND THE INVESTIGATORY POWERS OF THE OFFICE OF THE STATE FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS.

Amends GS 58-79-1 (covering fires investigated, reports, and records) to also authorize the Commissioner of Insurance (Commissioner) through the Office of State Fire Marshal, and the State Bureau of Investigation (currently, authorization is to the Director of the State Bureau of Investigation through the State Bureau of Investigation), in addition to local law enforcement and fire officials/agencies, to investigate all fires where property has been destroyed or damaged and to determine whether the fire was set intentionally or by carelessness. Adds the Commissioner, through the Office of the State Fire Marshal, as a state official who has the right to supervise or direct a preliminary fire investigation when they, or the Director of the State Bureau of Investigation (Director) deems it expedient or necessary (currently, only the Director has supervisory authority). Gives Director exclusive right to supervise and direct investigations in cases involving death or serious bodily injury.

Deletes language requiring the investigating office to notify the Director and furnish a written, verbally recorded, or electronic typewritten statement to the Director of all facts relating to the cause and origin of the fire and the kind, value, and ownership of property destroyed as well as any other information required by the Director’s forms. Removes the statutory requirement that the Director keep in his office a record of all reports submitted and that the reports are open to public inspection.

Amends GS 58-79-5 to add the Commissioner, through the Office of the State Fire Marshal, to those persons whose duty it is to investigate those fires involving property damage/destruction and/or bodily injury/death under GS 58-79-1 and to fully investigate such fires, including by taking witness testimony under oath and causing the testimony to be reduced to writing (currently, only the Director has this duty). Adds the Commissioner, through the Office of the State Fire Marshal, as an official, who, in addition to the Director or other appointee can opine that there is evidence to charge person(s) with arson, which triggers the Director’s right to arrest any such suspect. Makes other technical change. Makes conforming changes to the subdivision title and text. 

Amends GS 58-79-10, governing investigatory powers to add the Commissioner, through the Office of the State Fire Marshall, as an official/agency that has the investigatory powers set forth in the subdivision (currently, just the Director and his deputies). Makes conforming changes to the statute's title and text. 

Amends GS 58-79-15 (failure to comply with summons or subpoena) to allow a person to be charged with contempt for failure to comply with a summons or subpoena issued by the Commissioner, through the Office of the State Fire Marshal (currently, just the Director and his deputies).  Makes other conforming changes.

Amends GS 58-79-40 (governing an insurance company’s duty to provide investigative information) to add the Office of the State Fire Marshal as an agency allowed to request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss (currently, just any fire or police chief, county fire marshal or sheriff, or special agent of the State Bureau of Investigation). Adds the Office of the State Fire Marshal as an agency to which an insurance company must provide investigative materials to if the company suspects that a fire loss was caused by incendiary means (currently, just State Bureau of Investigation). Makes language gender-neutral.

Effective October 1, 2023. 

Intro. by Clampitt, Loftis.GS 58
H 56 (2023-2024) SAFE FIREARM STORAGE/SALES TAX EXEMPTION. (NEW) Filed Feb 6 2023, AN ACT TO PROVIDE A TEMPORARY SALES TAX EXEMPTION FOR EQUIPMENT DESIGNED TO PREVENT UNAUTHORIZED PERSONS FROM ACCESSING FIREARMS.

Amends GS 105-164.13 (setting forth retail sales and use tax exemptions) to exempt certain equipment designed to prevent unauthorized access to firearms from sales tax, including (1) devices installed on firearms that are designed to prevent the firearm from firing without first being deactivated and (2) a device that is designed to prevent access to a firearm by any means other than a key, a combination, biometric data, etc., including a gun safe, gun case, or lockbox. Equipment designed to allow for the display of firearms, including glass-faced cabinets, are not included in the sales tax exemption. Effective July 1, 2023, and applies to sales made on or after that date. Expires July 1, 2024.

Adds new section GS 105-153.11, which grants a tax credit to those who purchase any of the qualifying firearm safety devices set forth above at retail equal to the lesser of the cost of the equipment paid during the taxable year or $500. States that the credit cannot exceed the amount of individual income tax imposed reduced by the sum of all credits allowable, except payments of tax made by or behalf of the taxpayer.  Requires the taxpayer receiving the credit to maintain and make available any information or records required by the Secretary of Revenue. Effective for taxable years beginning on or after January 1, 2023. Expires for taxable years beginning on or after January 1, 2025.

Intro. by Paré, Bell, Adams, Dahle.GS 105
H 58 (2023-2024) PARENTS' AND STUDENTS' BILL OF RIGHTS. Filed Feb 6 2023, AN ACT TO ENUMERATE THE RIGHTS HELD BY PARENTS RELATED TO THE UPBRINGING, EDUCATION, HEALTHCARE, AND MENTAL HEALTH OF THEIR MINOR CHILD AND TO ENUMERATE THE RIGHTS HELD BY STUDENTS RELATED TO THEIR OWN EDUCATION.

Enacts Article 29F in GS Chapter 115C (GS 115C-407.70), codifying ten statutory rights of a parent related to the upbringing, education, healthcare, and mental health of their minor child:

  • To access and review all education records, as authorized by the federal Family Educational Rights and Privacy Act, relating to his or her child.
  • To make healthcare decisions for his or her child, unless otherwise provided  by law, including Article 1A of Chapter 90 of the General Statutes, governing treatment of minors.
  • To have access to transparent data about school and district academic performance data.
  • To have access to information, data, and statistics as to the successes, shortcomings, or failures of each school his or her child is allowed to attend.
  • To know the nutrition facts of his or her child's meals.
  • For his or her child to have a fully resourced classroom with the tools and technology to deliver curriculum requirements as required by the North Carolina Constitution.
  • To receive timely notification of information related to his or her child's health, well-being, and education.
  • To know of threats to his or her child's safety, whether to the child individually or to the school or local school administrative unit as a whole.
  • To have his or her child diagnosed and served by the education system for any learning disabilities that may affect the child's educational outcomes.
  • To be able to sit in his or her child's class, so long as it is within reasonable limits set by the local school administrative unit.

Enacts Article 29G to GS Chapter 115C (GS 115C-407.75), codifying fourteen statutory rights of a student related to their own education:

  • A learning environment in which discrimination in all forms is not tolerated by the public school unit or school administration, school police or security personnel, or students.
  • A feeling of safety and comfort at school, including sufficient protections and resources for the public school and school unit, including physical and mental protections for students and staff.
  • Teachers and other school personnel who follow special plans that affect the student's educational settings, such as individualized educational plans, 504 plans, and other accommodations.
  • Extracurricular and after-school programs, the means and access to these programs, and to request new clubs.
  • Information, resources, and support to prepare them for life after high school, including access to college readiness counselors and vocational counselors.
  • A fully resourced classroom with the tools and technology to deliver curriculum requirements as required by the North Carolina Constitution.
  • Affordable and nutritious food, including an option for breakfast and lunch.
  • Due process, transparency within the discipline process, and freedom from searches of personal property without reasonable cause.
  • Access to gang violence prevention, peer-based mediation, and substance abuse programs on campus.
  • To organize, and have the opportunity to organize, themselves and be represented by their peers in important school decision-making processes.
  • Self-representation in school district or charter school meetings and notification of school district or charter school meeting times and places and to organize collectively.
  • Adequate access and encouragement to use mental health and substance abuse services in educational settings and to be given resources to other outside mental health and substance abuse services.
  • Access and the means to participate in school during emergencies, such as an epidemic or pandemic, natural disaster, national security threat, or other unforeseen event, including access to technology for online learning, mental health services, nutritional services, and college or career readiness support.
  • To access a copy of the public school unit's student bill of rights and to seek changes to those rights when such changes will improve the learning environment.

Both bills of rights apply beginning with the 2023-24 school year. 

Intro. by Alston, Dahle, Gill, Everitt.GS 115C

The Daily Bulletin: 2023-02-06

PUBLIC/SENATE BILLS
S 69 (2023-2024) EDUCATE PATIENTS ABOUT OPIOID ANTAGONISTS. Filed Feb 6 2023, AN ACT REQUIRING HEALTH CARE PRACTITIONERS AND PHARMACISTS TO EDUCATE PATIENTS WITH PRESCRIPTIONS FOR OPIOID PAIN MEDICATIONS AND MEDICATIONS TO TREAT OPIOID USE DISORDER ABOUT THE POTENTIAL DANGERS OF OPIOIDS, OVERDOSE PREVENTION, AND THE AVAILABILITY AND USE OF OPIOID ANTAGONISTS TO PREVENT OVERDOSE DEATHS.

Enacts new GS 90-12.8 requiring a practitioner to do the following when prescribing an opioid pain medication: (1) provide information regarding all of the following to each patient receiving the prescription: the potential dangers of opioids, overdose prevention, and the availability and use of a drug approved by the federal Food and Drug Administration as an opioid antagonist for the complete or partial reversal of opioid-induced respiratory depression; (2) provide this information to one or more persons designated by the patient receiving the prescription or, for minors, to the minor's parent, guardian, or person standing in loco parentis. Defines practitioner as: (1) a physician, dentist, optometrist, veterinarian, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this State or (2) a pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this state.

Requires pharmacists to do the following when dispensing an opioid pain medication: (1) ask the individual presenting the prescription if the individual has a prescription for an opioid antagonist and offer to fill that opioid antagonist prescription; (2) if the individual or someone acting on the individual's behalf does not have a prescription for an opioid antagonist, offer to dispense or distribute an opioid antagonist in accordance with specified state law or a statewide standing order; and (3) provide the information described above on the potential dangers of opioids, overdose prevention, and the availability and use of a drug approved by the federal Food and Drug Administration as an opioid antagonist for the complete or partial reversal of opioid-induced respiratory depression, to each individual with a prescription for an opioid pain medication.

Specifies that nothing in this statute creates a private right of action against a practitioner who fails to follow the statute's requirements, or limits a practitioner's liability for negligent diagnosis or treatment of a patient, as allowed under applicable State or federal law.

Effective October 1, 2023.

Intro. by Moffitt, Hanig.GS 90
S 70 (2023-2024) PROMOTE NORTH CAROLINA SAWMILLS. Filed Feb 6 2023, AN ACT TO PROMOTE LOCAL SAWMILLS BY ALLOWING THE USE OF UNGRADED LUMBER IN CERTAIN CIRCUMSTANCES.

Directs the NC Building Code Council (Council) to amend the Residential Code for One- and Two-Family Dwellings in order to permit dimension lumber that has not been grade-stamped under the authority of a lumber grading bureau to be used in the construction of one- and two-family dwellings, so long as the following criteria are met: (1) that the lumber is sold directly by the sawmill owner or employee to the dwelling owner or owner's authorized representative; (2) the dimension lumber meets or exceeds all other Code requirements; (3) a certified inspector, as specified, certifies that the lumber conforms with product and inspection standards under the specified American Softwood Lumber Standard and marks the lumber with (a) the mill number, name, or abbreviation; (b) the accrediting agency symbol; (c) the species of the lumber; (d) whether the lumber was dry or green when manufactured; and (e) whether the lumber conforms with specified standards; and (4) that the appropriate code enforcement official reviews the dwelling's framing to ensure it meets all other requirements, with immunity from civil and professional liability for structural failure resulting from the use of dimension lumber. Exempts the code enforcement official from liability for any structural failure resulting from the use of dimension lumber rather than grade-stamped lumber. Requires the Council to issue temporary implementing rules. Sunsets the act when the Council issues permanent rules substantially similar to the act's provisions and notifies the Codifier of Statutes.

Intro. by Hanig, Jarvis, Moffitt.UNCODIFIED
S 74 (2023-2024) PARENTS' AND STUDENTS' BILL OF RIGHTS. Filed Feb 6 2023, AN ACT TO ENUMERATE THE RIGHTS HELD BY PARENTS RELATED TO THE UPBRINGING, EDUCATION, HEALTHCARE, AND MENTAL HEALTH OF THEIR MINOR CHILD AND TO ENUMERATE THE RIGHTS HELD BY STUDENTS RELATED TO THEIR OWN EDUCATION.

Identical to H 58, filed 2/6/23.

Enacts Article 29F in GS Chapter 115C (GS 115C-407.70), codifying ten statutory rights of a parent related to the upbringing, education, healthcare, and mental health of their minor child:

  • To access and review all education records, as authorized by the federal Family Educational Rights and Privacy Act, relating to his or her child.
  • To make healthcare decisions for his or her child, unless otherwise provided  by law, including Article 1A of Chapter 90 of the General Statutes, governing treatment of minors.
  • To have access to transparent data about school and district academic performance data.
  • To have access to information, data, and statistics as to the successes, shortcomings, or failures of each school his or her child is allowed to attend.
  • To know the nutrition facts of his or her child's meals.
  • For his or her child to have a fully resourced classroom with the tools and technology to deliver curriculum requirements as required by the North Carolina Constitution.
  • To receive timely notification of information related to his or her child's health, well-being, and education.
  • To know of threats to his or her child's safety, whether to the child individually or to the school or local school administrative unit as a whole.
  • To have his or her child diagnosed and served by the education system for any learning disabilities that may affect the child's educational outcomes.
  • To be able to sit in his or her child's class, so long as it is within reasonable limits set by the local school administrative unit.

Enacts Article 29G to GS Chapter 115C (GS 115C-407.75), codifying fourteen statutory rights of a student related to their own education:

  • A learning environment in which discrimination in all forms is not tolerated by the public school unit or school administration, school police or security personnel, or students.
  • A feeling of safety and comfort at school, including sufficient protections and resources for the public school and school unit, including physical and mental protections for students and staff.
  • Teachers and other school personnel who follow special plans that affect the student's educational settings, such as individualized educational plans, 504 plans, and other accommodations.
  • Extracurricular and after-school programs, the means and access to these programs, and to request new clubs.
  • Information, resources, and support to prepare them for life after high school, including access to college readiness counselors and vocational counselors.
  • A fully resourced classroom with the tools and technology to deliver curriculum requirements as required by the North Carolina Constitution.
  • Affordable and nutritious food, including an option for breakfast and lunch.
  • Due process, transparency within the discipline process, and freedom from searches of personal property without reasonable cause.
  • Access to gang violence prevention, peer-based mediation, and substance abuse programs on campus.
  • To organize, and have the opportunity to organize, themselves and be represented by their peers in important school decision-making processes.
  • Self-representation in school district or charter school meetings and notification of school district or charter school meeting times and places and to organize collectively.
  • Adequate access and encouragement to use mental health and substance abuse services in educational settings and to be given resources to other outside mental health and substance abuse services.
  • Access and the means to participate in school during emergencies, such as an epidemic or pandemic, natural disaster, national security threat, or other unforeseen event, including access to technology for online learning, mental health services, nutritional services, and college or career readiness support.
  • To access a copy of the public school unit's student bill of rights and to seek changes to those rights when such changes will improve the learning environment.

Both bills of rights apply beginning with the 2023-24 school year. 

Intro. by Batch, Garrett, Hunt.GS 115C

The Daily Bulletin: 2023-02-06

LOCAL/HOUSE BILLS
H 51 (2023-2024) SCHOOL CALENDAR FLEX/MULTIPLE COUNTIES. Filed Feb 6 2023, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO MULTIPLE LOCAL BOARDS OF EDUCATION IN ADOPTING THE SCHOOL CALENDAR.

Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of the statute.  Amends GS 115C-84(d) to require Moore County Schools, Randolph County Schools, Asheboro City Schools, Gaston County Schools, Surry County Schools, Mount Airy City Schools, and Elkin City Schools to open no earlier than August 10 (currently, prohibited from opening earlier than the Monday closest to August 26), excluding year round schools. Deletes the provisions of subsection (d) concerning waiver of opening date requirements upon a showing of good cause. 

Amends GS 115C-175.12(a)(4) (governing student testing procedures) to permit a local board of education that has implemented a school calendar that concludes the fall semester prior to December 31 to administer assessments before the conclusion of the fall semester. Applicable only to Moore County Schools, Randolph County Schools, Asheboro City Schools, Gaston County Schools, Surry County Schools, Mount Airy City Schools, and Elkin City Schools.

Effective beginning with the 2023-24 school year.    

Intro. by N. Jackson, Biggs, Stevens, Loftis.Gaston, Moore, Randolph, Surry, Wilkes, GS 115C
H 57 (2023-2024) HARMONY/LOVE VALLEY ELECTION CHANGES. (NEW) Filed Feb 6 2023, AN ACT TO PROVIDE FOR EVEN-YEAR ELECTIONS AND TO EXTEND THE TERMS OF ELECTED OFFICERS IN THE TOWNS OF HARMONY AND LOVE VALLEY.

Identical to S 68, filed 2/6/23.

Amends Article XII of the Hendersonville City Charter, SL 1971-874, as amended, by adding a provision allowing Hendersonville to use proceeds from parking meters on public streets in the same manner in which proceeds from off-street parking facilities are used under GS 160A-301(b) (which allows revenue from off-street parking facilities to be pledged to amortize bonds issued to finance such facilities, or used for any other public purpose).

Intro. by Balkcom.UNCODIFIED, Henderson

The Daily Bulletin: 2023-02-06

LOCAL/SENATE BILLS
S 68 (2023-2024) VARIOUS LOCAL CHANGES. (NEW) Filed Feb 6 2023, AN ACT TO AUTHORIZE THE CITY OF HENDERSONVILLE TO USE PROCEEDS FROM ON-STREET PARKING METERS TO FUND CAPITAL PROJECTS AND PROVIDE THAT REVENUES REALIZED FROM OFF-STREET PARKING FACILITIES MUST BE USED TO PAY BONDS ISSUED TO FINANCE SUCH FACILITIES OR FOR OTHER CAPITAL PROJECTS; TO CHANGE THE METHOD OF ELECTION IN THE CITY OF HENDERSONVILLE, THE VILLAGE OF FLAT ROCK, AND THE TOWN OF FLETCHER; TO REMOVE THE CAP ON SATELLITE ANNEXATIONS FOR THE CITY OF ARCHDALE; TO ADD CERTAIN DESCRIBED PROPERTIES TO THE CORPORATE LIMITS OF THE CITY OF ASHEBORO; TO CHANGE THE BOUNDARIES OF THE WHITEVILLE CITY SCHOOL ADMINISTRATIVE UNIT; TO PROHIBIT HOMEOWNERS' ASSOCIATION OR UNIT OWNERS' ASSOCIATION REGULATION OR PROHIBITION OF DISPLAYS OF FLAGS OF BRANCHES OF THE ARMED FORCES OR FLAGS OF FIRST RESPONDERS BY OR WITH THE PERMISSION OF OWNERS ON THEIR PROPERTY IN UNION COUNTY; TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS FOR THE TOWN OF HOOKERTON AND THE TOWN OF WALSTONBURG SHALL BE HELD IN EVEN-NUMBERED YEARS; TO ALLOW BURKE COUNTY TO USE LOCAL SALES AND USE TAX REVENUE DISTRIBUTED TO THE COUNTY IN A MANNER THAT IS CONSISTENT WITH GENERAL LAW; TO CHANGE THE JOHNSTON COUNTY BOARD OF EDUCATION ELECTIONS TO RESIDENCY DISTRICTS; TO EXTEND THE TERMS OF THE MEMBERS OF THE SOUTHEAST REGIONAL AIRPORT AUTHORITY FROM TWO TO FOUR YEARS AND AUTHORIZE THE SOUTHEAST REGIONAL AIRPORT AUTHORITY TO CONVEY REAL OR PERSONAL PROPERTY BELONGING TO THE AUTHORITY BY PRIVATE NEGOTIATION AND SALE OR LONG-TERM LEASE; TO AUTHORIZE TRANSYLVANIA COUNTY TO ESTABLISH A RURAL DEVELOPMENT AUTHORITY; AND TO CHANGE THE FILING PERIOD FOR MUNICIPAL OFFICES FOR THE TOWNS OF LAUREL PARK AND MILLS RIVER.

Amends Article XII of the Hendersonville City Charter, SL 1971-874, as amended, by adding a provision allowing Hendersonville to use proceeds from parking meters on public streets in the same manner in which proceeds from off-street parking facilities are used under GS 160A-301(b) (which allows revenue from off-street parking facilities to be pledged to amortize bonds issued to finance such facilities, or used for any other public purpose).

Intro. by Moffitt.UNCODIFIED, Henderson
S 71 (2023-2024) 45TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 6 2023, AN ACT RELATING TO THE 45TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Proctor.Caldwell, Catawba
S 72 (2023-2024) CATAWBA/NEWTON-CONOVER/HICKORY BD OF ED ELECT. Filed Feb 6 2023, AN ACT TO PROVIDE FOR PARTISAN ELECTIONS FOR THE MEMBERS OF THE CATAWBA COUNTY BOARD OF EDUCATION, HICKORY CITY BOARD OF EDUCATION, AND NEWTON-CONOVER CITY BOARD OF EDUCATION.

Section 1

Amends SL 1969-874, as amended, as follows. Requires Catawba County Board of Education (Board) members to be nominated in primaries and elected at general elections, beginning in 2024 (previously, elected at general elections based on the number of vacancies). Requires Board candidates to file their notices of candidacy at the same time as other county offices (was, a described date), and provides for partisan election of the Board (currently, provides for nonpartisan plurality election). Refers to qualified voters instead of electors. Makes conforming, clarifying, and technical changes.

Adds a new section 6.1 to require vacancies of the Board for positions elected on a partisan basis to be filled by appointment by the remaining members pursuant to GS 115C-37.1, beginning in 2024. Provides for filling vacancies for Board members elected on a nonpartisan basis in 2020 and 2022 by appointment of remaining Board members until the next Board election, whereby the remaining unexpired term must be filled by election.  

Specifies that the act does not affect the terms of office of any member elected in 2020 or 2022 to the Catawba County Board of Education. Requires the members of the Catawba County Board of Education elected in 2020 and 2022, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2020 or 2022, to serve until a successor has been elected and qualified.

Applies to elections held beginning in 2024.

Section 2

Changes the elections for the Hickory City Board of Education (Board) set forth in SL 1971-930, as amended, as follows. Changes the elections from nonpartisan with no primary election to partisan, beginning in 2023, with seats filled by nomination in primaries and by election in general elections. Requires elections to be conducted in accordance with GS 163-279(a)(2) and GS 163-291. Requires registration and elections to comply with state education and election laws (GS Chapters 115C and 163; was, laws, rules, and regulations applicable to elections for county offices). Establishes residency requirements for Board candidates, requiring all candidates to be qualified voters residing within the Hickory Administrative School Unit. Provides for vacancies for Board positions elected on a partisan basis to be filled by appointment by remaining members pursuant to GS 115C-37.1. Makes conforming and technical changes. Repeals Sections 5 and 6 of the session law, relating to nonpartisan election procedures. 

Provides that the terms of members elected to the Board in 2019 or 2021 are not affected by the act.

Section 3

Changes the elections for the Board of Trustees of the Newton-Conover City Administrative Unit set forth in SL 1935-200, as amended, as follows. Changes the name of the board to the Newton-Conover City Board of Education (City Board). Provides for staggered four-year terms, beginning in 2023, with three members representing the Newton district, and three members representing the Conover district (previously, four trustees were from Newton, and two from Conover, and served three-year terms). Makes elections partisan rather than nonpartisan. Requires elections to be conducted in accordance with GS 163-279(a)(2) and GS 163-291. Requires registration and elections to comply with state education and election laws. Establishes residency requirements for Board candidates, requiring all candidates to be qualified voters residing within the Newton-Conover Administrative School Unit. Provides for elected members to take office on the first Monday in December following election. Provides for vacancies for Board positions elected on a partisan basis to be filled by appointment by remaining members pursuant to GS 115C-37.1. Repeals obsolete language and provisions relating to nonpartisan election procedures. Makes further conforming and technical changes. 

Provides that the terms of members elected to the City Board in 2019 and 2021 are not affected by the act. 

Section 4

Makes conforming changes to GS 115C-37.1. Effective December 1, 2024.

Section 5

Applicable to the Hickory City Schools and Newton-Conover City Schools only, enacts GS 115C-37.2, setting forth the procedure for filling vacancies on the city boards of education elected on a partisan basis, with appointments by the person, board, or commission specified in the public or local act, subject to consultation with the county executive committee of a political party when the vacating member was elected as the nominee of a political party, within 30 days of the vacancy. Effective December 1, 2023. 

Intro. by Proctor.Catawba
S 73 (2023-2024) 24TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 6 2023, AN ACT RELATING TO THE 24TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Britt.Hoke, Robeson, Scotland
ACTIONS ON BILLS

Actions on Bills: 2023-02-06

PUBLIC BILLS

H 42: HONORING NC'S CONTRIBUTIONS TO CIVIL RIGHTS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 43: PROHIBITION OF CERTAIN HORMONE/SURGERY/MINORS.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

H 44: CONST. AMENDMENT/REPEAL LITERACY TEST.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 46: ELIMINATE TAX ON GOV'T RETIREES.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 47: SCHOOL PROTECTION ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 48: DELAY EFFECTIVE DATE OF APPRAISAL BOARD RULES. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

H 52: FUNDS FOR DAVIE COUNTY PROJECTS.

    House: Filed

H 53: FIREARM IN UNATTENDED VEHICLE/SAFELY STORE.

    House: Filed

H 54: MAKE NORTH CAROLINA HOME ACT OF 2023.

    House: Filed

H 55: FIRE INVESTIGATION LAW REVISIONS.

    House: Filed

H 56: SAFE FIREARM STORAGE/SALES TAX EXEMPTION. (NEW)

    House: Filed
    House: Filed

H 58: PARENTS' AND STUDENTS' BILL OF RIGHTS.

    House: Filed

S 31: CONFIRM NELS ROSELAND, STATE CONTROLLER.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Select Committee on Nominations
    Senate: Reptd Fav

S 32: CONFIRM TODD ISHEE, SEC. OF ADULT CORRECTION.

    Senate: Reptd Fav

S 40: PISTOL PURCHASE PERMIT REPEAL.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 41: GUARANTEE 2ND AMEND FREEDOM AND PROTECTIONS. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 45: CADC SUPERVISION REQUIREMENTS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate

S 49: PARENTS' BILL OF RIGHTS.

    Senate: Reptd Fav

S 61: SKI PATROL/CIVIL LIABILITY IMMUNITY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 62: SCHOOLS FOR THE DEAF AND BLIND.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

S 67: FIREARM SAFE STORAGE AWARENESS INITIATIVE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 69: EDUCATE PATIENTS ABOUT OPIOID ANTAGONISTS.

    Senate: Filed

S 70: PROMOTE NORTH CAROLINA SAWMILLS.

    Senate: Filed

S 74: PARENTS' AND STUDENTS' BILL OF RIGHTS.

    Senate: Filed

Actions on Bills: 2023-02-06

LOCAL BILLS

H 45: ADDRESS PANDEMIC LEARNING LOSS/ALAMANCE CO.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 51: SCHOOL CALENDAR FLEX/MULTIPLE COUNTIES.

    House: Filed

H 57: HARMONY/LOVE VALLEY ELECTION CHANGES. (NEW)

    House: Filed
    House: Filed
    House: Filed

S 59: EVEN YR ELECTIONS/MAYSVILLE & POLLOCKSVILLE.

    Senate: Withdrawn From Com
    Senate: Re-ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate

S 60: 48TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 63: 42ND SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 64: 37TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 65: 22ND SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 66: 1ST SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 68: VARIOUS LOCAL CHANGES. (NEW)

    Senate: Filed
    Senate: Filed

S 71: 45TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 72: CATAWBA/NEWTON-CONOVER/HICKORY BD OF ED ELECT.

    Senate: Filed

S 73: 24TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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