House committee substitute to the 1st edition makes the following changes. Amends GS 115C-218.120 to now specify that a charter that includes a remote charter academy may do any of the following three things: (1) Provide only remote instruction to enrolled students served by the charter. (2) Provide remote instruction to students enrolled in the remote charter academy and provide in-person instruction to other students served by the charter. (3) Provide enrolled students both remote instruction and in-person instruction. Specifies that a student who receives more than half of the student's instruction through remote instruction will be classified as enrolled in the charter's remote charter academy.
Amends GS 115C-218.121 to specify that a board of directors must require an application to secure parental consent prior to enrollment of a student in a remote charter academy. (Was, charter school.) Adds language prohibiting remote charter academies from denying admission to any student solely because the student is a child with a disability. Amends GS 115-218.122 to specify that the licensure requirements and evaluation for employees of remote charter schools must be the same as required by GS 115C-218.90. (Was, the same as required of in-person employees of charter schools.) Amends GS 115C-218.124 to specify that the requirement that the Board approve a minimum of two statewide charter academies is beginning with the 2026-27 school year and thereafter.
Expands the scope of the exemption of the remote learning limitations under GS 115C-84.3 by adding Part 7 of Article 14A to list.
The Daily Bulletin: 2023-03-07
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The Daily Bulletin: 2023-03-07
| Intro. by Elmore, Hardister, Paré. | GS 115C |
Enacts new GS 90-12.8 requiring a practitioner to do the following when prescribing a specified Schedule II controlled substance (opium, opiate, or opioid and any salt, compound, derivative, or preparation of opium and opiate, opium poppy and poppy straw, and cocaine and related items): (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 those same Schedule II controlled substances: (1) make available the information described above that is consistent with the federal Food and Drug Administration's labeling requirements for opioid pain medication and medication to treat opioid use disorder announced in the specified document and (2) post signage in a conspicuous place containing the same information.
Specifies that nothing in this statute limits a practitioner's liability for negligent diagnosis or treatment of a patient, as allowed under applicable State or federal law, or constitute negligence per se or creates a private right of action against any practitioner who fails to follow the requirements of this statute.
Effective October 1, 2023.
| Intro. by Sasser, K. Baker, White, Potts. | GS 90 |
Amends GS 20-79.7 by specifying that there is no additional fee amount for the Fire Department or Rescue Squad Member special license plates. Applies to special registration plates issued or renewed on or after July 1, 2023.
| Intro. by John, Clampitt. | GS 20 |
Identical to S 210, filed 3/6/23.
Part I.
Currently, the prohibitions set out in GS 14-402 apply to the sale, transfer, purchase, or receipt of pistols only.
Amends GS 14-402, also making it a Class 2 misdemeanor to sell, transfer, purchase, or receive assault weapons or long guns in the State unless the purchaser or receiver holds a license or permit issued under Article 52A (sale permits) from the county sheriff where the purchaser or receiver resides, or the purchaser or receiver holds a valid NC concealed handgun permit issued under Article 54B and is an NC resident at the time of purchase. Makes it a Class 2 misdemeanor to receive assault weapons or long guns from various federal, state, or local mail carriers or agents; railroad agents; or employees within the State without having, possessing, and exhibiting the purchase permit issued by the sheriff in GS 14-403. Additionally, makes it a Class 2 misdemeanor for any person to receive a pistol, assault weapon, or long gun unless a period of 72 hours has passed from the date of purchase or transfer agreement.
Defines assault weapon to mean: (1) any selective-fire firearm capable of semiautomatic or burst fire at the option of the user, including 37 specifically identified semiautomatic firearms; (2) 49 specifically named semiautomatic centerfire rifles, or copies or duplicates with the capability of the rifles; (3) 22 specifically identified semiautomatic centerfire pistols, or copies or duplicates with the capability of the pistols; (4) all IZHMASH Saiga 12 Shotguns, or copies or duplicates with the capability of the shotguns; and (5) all semiautomatic firearms that meet any of 8 detailed specifications, including a semiautomatic pistol with a fixed magazine that has the ability to accept more than 10 rounds, and a shotgun with a revolving cylinder. Defines long guns to mean a shotgun or rifle that is not considered an antique firearm or assault weapon, as currently defined by the statute.
Makes conforming changes to GS 14-403, setting out the standard form of the purchase permit issued by the county sheriff; and GS 14-404, providing for the issuance of permits to persons with felony convictions who are later pardoned or whose firearm rights have been restored.
Makes conforming changes to GS 14-403 (pertaining to form of certain weapons permits) and GS 14-404 to include reference to assault weapons and long guns, in addition to pistols. Amends GS 14-408.1 to include assault weapons in the term firearm as it is applied to the statute's provisions regarding soliciting unlawful purchases of firearms and unlawfully providing materially false information regarding the legality of a firearms or ammunition transfer.
Effective December 1, 2023.
Part II.
Amends GS 14-269.7, making it a Class 1 misdemeanor for any minor under 18 to possess or carry a long gun, and for any minor under 21 to possess or carry an assault weapon. Defines long gun and assault weapon as set out in GS 14-402 as amended above. Currently, GS 14-269.7 only applies to minors under the age of 18 who possess or carry a handgun. Extends the current exceptions set out for minors' possession of handguns for certain purposes, such as the discharge of official duties as Armed Forces officers or personnel, to also include possession of a long gun or assault weapon in the same manner.
Amends GS 14-315, also making it a Class H felony for a person to sell, offer for sale, give, or transfer in any way a long gun or assault weapon to a minor (currently, the prohibition only applies to handguns). Extends the current exceptions set out for certain circumstances for handguns to also apply for long guns and assault weapons.
Effective December 1, 2023.
Part III.
Enacts new GS 14-409A, making it a Class I felony for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess bump stocks, trigger cranks, or any other similar device or instrument added to a firearm by a person other than the manufacturer designed to increase the rate of fire achievable by the firearm. Defines bump stock to mean any device or instrument for a firearm that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger. Defines trigger crank to mean any device or instrument to be attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion, but does not include any weapon initially designed or manufactured to fire through the use of a crank or lever. Defines firearm to be as the term is defined in GS 14-409.39, defining the term to mean a handgun, shotgun, or rifle which expels a projectile by action of an explosion (and does not include assault weapons, as included in firearm defined in GS 14-408.1 as amended). Effective December 1, 2023.
Part IV.
Repeals GS 14-315.1, Storage of firearms to protect minors.
Enacts GS 14-409.44, requiring a person in possession or control of a firearm to store and keep the firearm in a locked container when it is not being carried or used by the owner or another lawfully authorized user. Makes violation of the statute a Class A1 misdemeanor and deems a violation to constitute wanton conduct, subjecting the violator to punitive damages in a civil action filed against the violator. Clarifies that the statute does not authorize the possession of a firearm otherwise prohibited under State or federal law. Specifies that firearm includes weapons regulated under GS 14-409 (machine guns and other like weapons) for purposes of the statute.
Amends GS 14-315.2, requiring a seller or transferor to deliver a written copy of GS 14-409.44, as enacted, to the purchaser or transferee upon the retail commercial sale or transfer of any firearm. Modifies the statement the statute requires to be conspicuously posted at each purchase counter of any retail or wholesale store, shop, or sales outlet that sells firearms, mirroring the language of new GS 14-409.44. Maintains the provision making a violation of the statute a Class 1 misdemeanor.
Effective December 1, 2023.
Part V.
Amends GS 14-415.24 (Reciprocity; out-of-state handgun permits). Directs the Department of Justice to inquire what criteria other states use for the issuance of a concealed handgun permit, and to compile a list of states whose criteria are at least as stringent as the criteria required in this State. Provides that only out-of-state licenses issued by those states are valid in North Carolina.
Part VI.
Enacts new GS 14-409.13 requiring a firearm owner to report the loss or theft of the firearm within 48 hours of discovering the loss or theft, to either: (1) the local law enforcement agency with jurisdiction over the location where the loss or theft occurred or (2) the State Bureau of Investigation. Violations are a Class 3 misdemeanor, subsequent violations are a Class I felony. Applies to offenses committed on or after December 1, 2023.
Part VII.
Amends GS 14-404 to require, before the issuance of a pistol permit, that the sheriff verify that the person has firearm liability insurance under new GS 14-409.44A.
Enacts new GS 14-409.44A, requiring any person in this State who intends to own a firearm to obtain, before owning the firearm, and continuously maintain liability insurance in an amount not less than $100,000 specifically covering any damages from any negligent or willful acts involving the use of the firearm while the person owns it. Prohibits transferring the firearm unless the transferee at the time of the transfer gives the transferee proof of the same insurance. Deems a person is to own a lost or stolen firearm until the loss or theft is reported. Requires any person who owns a firearm on December 1, 2023, to obtain the required insurance by January 15, 2024. Requires the Department of Insurance to adopt rules to implement this statute.
Part VIII.
Enacts new Article 53D, Regulation of Large-Capacity Ammunition Magazines, providing as follows. Defines large-capacity magazine as including: (1) a fixed or detachable magazine box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds of ammunition; (2) a fixed or detachable magazine capable of accepting more than eight shotgun shells; and (3) a detachable magazine, tube, box, drum, feed strip, or similar device capable of accepting more than eight shotgun shells when combined with a fixed magazine. Sets out what is excluded from the term.
Makes it Class 2 misdemeanor to sell, transfer, or possess a large-capacity magazine; subsequent offenses are a Class 1 misdemeanor. Makes it a Class 1 felony to violate this prohibition during the commission of a felony. Allows possession of a large-capacity magazine if the person owns the magazine on December 1, 2019, and maintains continuous possession. Sets out exceptions to the offense for specified entities and their employees and specified transporters.
Requires large-capacity magazines manufactured in NC on or after December 1, 2019, to include a permanent stamp or marking indicating that it was manufacture or assembled after that date. Allows the SBI to adopt rules to implement this statute. Violations are a Class 2 misdemeanor. Applies to offenses committed on or after December 1, 2023.
Part IX.
Repeals GS 14-409.40, which prohibited local governments from regulating the possession, ownership, storage, transfer, sale, purchase, licensing, taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts, and prohibited local governments from regulating firearms shows with regulations more stringent than those applying to shows of other types of items.
Part X.
Amends GS 15-11.1 (pertaining to court orders for the disposition of seized firearms determined to be no longer useful as evidence) GS 15-11.2 (pertaining to dispositions of unclaimed firearms not confiscated or seized as trial evidence), and GS 14-269.1(pertaining to disposition of confiscated firearms used for offenses involving a deadly weapon) by removing each statutory requirement that a firearm not have a legible, unique identification number or is unsafe before it can be turned over to the appropriate law enforcement agency to be destroyed.
Part XI.
Enacts new GS 14-406.2, Prohibition on sale, transfer, ownership, or possession of unsafe handgun. Includes findings of the General Assembly and defined terms. Directs the Department of Public Safety (DPS) to develop a roster of handguns determined not to be unsafe based off the California Roaster of Handguns Certified for Sale (roster), defined as a roster compiled by the Department of Justice for the State of California pursuant to California Penal Code 12131 that lists all of the pistols, revolvers, and other firearms that have been tested by a certified testing laboratory and determined not to be unsafe. Makes it a Class 3 misdemeanor for any person, firm, or corporation to (1) manufacture, sell, give, loan, import, or otherwise transfer a handgun that is not listed on the roster as of January 1 of the calendar year in which the handgun is to be transferred or (2) own or possess a handgun that is not listed on the roster as of January 1 of the applicable calendar year, unless the person, firm, or corporation lawfully owned or possessed the handgun prior to that date. Limits lawful owners of handguns not listed on the roster as of January 1 of the applicable calendar year to selling or otherwise transferring the handgun only to a dealer or sheriff of the county where the person resides. Authorizes the sheriff to destroy or dispose of the handgun pursuant to the specified provisions. Limits a dealer who retains or lawfully acquires a handgun not listed on the roster as of January 1 of the applicable year to selling or otherwise transferring the handgun to another dealer. Prohibits the transfer of a handgun not listed on the roster as of January 1 of the applicable year by devise or bequest. Makes a violation of these provisions a Class 3 misdemeanor.
Identifies seven exemptions from the statute, including the temporary transfer of a lawfully owned handgun for the purposes of cleaning, repairing, or servicing the handgun by a dealer, and the possession of a handgun by a nonresident while temporarily traveling through the state.
Provides for DPS testing of handguns that it believes should be added to the roster or should be removed from the roster in accordance with the specified parameters. Directs DPS to annually review and update the roster by rule by January 1, including (1) adding or removing those handguns tested by DPS under subsection (f) and (2) adding to the exemptions approved pistols developed by other states as authorized under subdivision (e)(7). Directs DPS to publish the roster and any updates to its website at least 30 days prior to the date the roster is to take effect.
Specifies that the initial roster developed pursuant to new GS 14-406.2 is to be based on the California Roster of Handguns Certified for Sale as of January 1, 2024.
Directs DPS to submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety on the development of the roster and the types of handguns included on the roster, and publish the roster on its website, by January 15, 2024.
Effective January 1, 2024.
Part XII.
Repeals: (1) GS 14-51.2 (Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm); (2) GS 14-51.3 (Use of force in defense of person; relief from criminal or civil liability); and (3) GS 14-51.4 (Justification for defensive force not available).
Enacts new GS 14-51.5, providing that a lawful occupant of a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent forcible entry into the home or residence or to terminate the unlawful entry if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence or if the occupant reasonably believes the intruder intends to commit a felony in the home or residence. Specifies that a lawful occupant does not have a duty to retreat in these circumstances.
Part XIII.
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.
Part XIV.
Enacts new GS 14-409B making it a Class I felony for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess a ghost gun. Defines a ghost gun as a firearm, including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. Applies to offenses committed on or after December 1, 2023.
Part XV.
Enacts new GS 14-269.7A making it a Class 1 misdemeanor for a person under age 21 to willfully and intentionally possess or carry a semiautomatic firearm, as defined. Sets out an exception for officers and enlisted personnel of the US Armed Forces when in discharge of their official duties or acting under orders. Applies to offenses committed on or after December 1, 2023.
Part XVI.
Amends GS 14-404 to provide that if a sheriff denies a person’s pistol permit application because of a prohibition under the National Instant Criminal Background Check System (NICS), then the sheriff must transmit the record to NICS no later than 48 hours after notifying the application of the denial. Enacts GS 14-415.18A providing that if the sheriff denies, revokes, or refuses to renew a person’s application for a concealed handgun permit because of a prohibition under NICS, then the sheriff must transmit the record to NICS no later than 48 hours after notifying the applicant.
Part XVII.
Requires, within 90 days of September 1, 2023, the Public Fund to make its best efforts to identify all firearms manufacturers in which the Public Fund has direct or indirect holdings or could possibly have such holdings in the future, including taking the specified efforts. Defines Public Fund as any funds held by the State Treasurer to the credit of the Teachers' and State Employees' Retirement System, the Consolidated Judicial Retirement System, the Firemen's and Rescue Workers' Pension Fund, the Local Governmental Employees' Retirement System, the Legislative Retirement System, the Legislative Retirement Fund, or the North Carolina National Guard Pension Fund. Requires the Public Fund, by the first meeting of the Public Fund following the 90-day period, to assemble a list of all firearms manufacturers in which the Public Fund holds direct or indirect investments. Requires the State Treasurer to promptly divest all direct and indirect holdings in firearms manufacturers held by the Public Fund. Prohibits the Public Fund from acquiring direct or indirect holdings in firearms manufacturers.
Part XVIII.
Includes a severability clause.
Specifies that prosecutions for offenses committed before the act’s effective date are not abated or affected by this act.
Re-enacts GS 105-130.34 as it existed before it was repealed and makes the following changes. Amends GS 105-130.34 to give a C Corporation that makes a qualified donation of an interest in real property located in North Carolina during the taxable year that is useful: (1) for farmland preservation,;(2) for fish and wildlife conservation; (3) as a buffer to limit land use activities that would restrict, impede, or interfere with military training, testing, or operations on a military installation or training area or otherwise be incompatible with the mission of the installation; (4) for floodplain protection in a county that, in the five years preceding the donation, was the subject of a Type II or Type III gubernatorial disaster declaration as a result of a natural disaster; (5) for historic landscape conservation; or (6) for public trails or access to public trails (was, public beach access or use, public access to public waters or trails, fish and wildlife conservation, forestland or farmland conservation, watershed protection, conservation of natural areas, conservation of natural or scenic river areas, conservation of predominantly natural parkland, or historic landscape conservation) an income tax credit equal to 25% of the fair market value of the donated property interest. Makes additional clarifying and technical changes.
Reenacts GS 105-151.12 as it existed immediately before its expiration, recodifies it as GS 105-153.11, and makes the following changes. Gives an individual or pass-through entity that makes a qualified donation of an interest in real property located in North Carolina during the taxable year that is useful: (1) for farmland preservation; (2) for fish and wildlife conservation; (3) as a buffer to limit land use activities that would restrict, impede, or interfere with military training, testing, or operations on a military installation or training area or otherwise be incompatible with the mission of the installation; (4) for floodplain protection in a county that, in the five years preceding the donation, was the subject of a Type II or Type III gubernatorial disaster declaration as a result of a natural disaster; (5) for historic landscape conservation; or (6) for public trails or access to public trails (was, public beach access or use, public access to public waters or trails, fish and wildlife conservation, forestland or farmland conservation, watershed protection, conservation of natural areas, conservation of natural or scenic river areas, conservation of predominantly natural parkland, or historic landscape conservation) an income tax credit equal to 25% of the fair market value of the donated property interest. Adds that the portion of a qualifying donation that is the basis for a credit allowed under this statute is not eligible for deduction as a charitable contribution under GS 105-130.9. Makes additional clarifying and technical changes, including removing outdated language.
Effective for taxable years beginning on or after January 1, 2023.
| Intro. by Ross, Bell, Wray, Dixon. | GS 105 |
Includes whereas clauses.
Appropriates $2,128,000 for each fiscal year of the 2023-25 biennium from the General Fund to the UNC Board of Governors for the North Carolina New Teacher Support Program (NC NTSP) to enable additional qualifying new graduates of educator preparation programs (EPPs) at UNC constituent institutions in NC public schools to participate in NC NTSP without cost to local school administrative units. Limits the new teachers eligible for funding to those that teach in the following local school administrative units: Anson County Schools, Northampton County Schools, Onslow County Schools, Public Schools of Robeson County, Scotland County Schools, Tyrrell County Schools, Washington County Schools, and Weldon City Schools.
Requires that the funds be used in programs designed to address the specific and various needs of traditional pathway NC EPP graduates who will begin their teaching careers in NC public schools through a blended model of support that includes: (1) participation in the 2023-24 e-Institute hosted by NC NTSP; (2) an assigned instructional coach familiar with the region and local school context to guide improvements in the teachers' proficiency in planning, instruction, and assessment; and (3) access to and participation in ongoing, career-embedded professional development to meet their emerging needs with consideration of their professional context.
Effective July 1, 2023.
| Intro. by Ball, Brody, Goodwin, Pierce. | APPROP, Anson, Halifax, Northampton, Onslow, Robeson, Scotland, Tyrrell, Washington |
Part I.
Adds new Part 1C, Math That Counts, to Article 8 of GS Chapter 115C, providing as follows. Sets out goals and purposes for the Part. Requires local boards of education to implement high-quality mathematics instruction that: (1) aligns with the North Carolina Standard Course of Study, (2) is evidence-based, (3) engages students and provides them with relevant challenges and pathways to deeper understanding, (4) includes materials to support the teacher in facilitating and encouraging active student questioning and discussion, and (5) provides students at all levels of language proficiency with opportunities to use written and oral forms of communication to learn and demonstrate understanding of mathematics skills.
Requires students in grades four and five to be assessed at least three times a school year with assessments that meet the specified criteria. Requires the Department of Public Instruction (DPI) to provide for EVAAS analysis of all formative and diagnostic assessment data collected pursuant to this section for fourth and fifth grade. Sets out additional requirements for the data.
Requires local boards of education to address difficulties with mathematics skill development identified through assessments with instructional supports and services. Encourages local boards of education to partner with others to provide volunteers, mentors, or tutors to assist in providing instructional supports and services that enhance mathematics skill development and proficiency. Requires that students who are not grade level proficient in mathematics skills by the end of fifth grade to be provided with intervention and remediation services documented in a Mathematics Success Plan (MSP). Requires students to receive an MSP through the end of the earlier of eighth grade or when the student demonstrates grade level proficiency on the end-of-grade assessment. Requires that the MSP be regularly adjusted based on multiple data sources, indicating that the student is not progressing toward grade level standards in one or more major mathematics skills. Requires the MSP to include specified information based on the most recently collected data. Requires giving notice, including specified information, to the parent or guardian of a student that has been identified as having difficulty with mathematics skill development and that an MSP has been developed. Allows the use of a multitiered system of support intervention. Requires DPI to develop and follow model documentation of compliance with an MSP checklist and alternative documentation for use with a multitiered system of support intervention.
Requires each local board of education to report on the specified items related to mathematics proficiency and MSPs annually to the State Board of Education (State Board). Requires the State Board to compile the information and annually submit a State-level summary to the the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Joint Legislative Education Oversight Committee.
Amends GS 115C-174.11, concerning testing in elementary school to require the State Board to adopt and provide local school administrative units with at least five developmentally appropriate individualized formative and diagnostic assessment instruments that are aligned with the standard course of study and new Part 1C for the fourth and fifth grades. Requires local school administrative units to select one of those assessment instruments and prohibits using these assessments for summative assessment of fourth and fifth grade students except as required as a condition of receiving federal grants.
Amends SL 2018-32, Section 6(d)(5), making a local board of education with an approved renewal school system plan subject to new Part IC.
Requires that the reporting requirements apply beginning with reports based on data from the 2023-24 school year. Remainder applies beginning with the 2023-24 school year.
Part II.
Amends GS 115C-301 to set the maximum class sizes for fourth and fifth grades at one teacher per 24 students. Makes conforming changes. Makes conforming changes to GS 115C-47, GS 115C-276, and GS 115C-311.
Part III.
States the NCGA's intent, for the 2023-24 and subsequent fiscal years, to appropriate sufficient funds for an expansion of the allotment for teacher assistants to increase the number of assistants in fourth and fifth grade classrooms.
| Intro. by Elmore, Hardister, Cotham. | GS 115C |
Part I.
Appropriates $18,961,587 in recurring funds for each year of the 2023-25 biennium from the General Fund to the State Board of Elections (SBOE) to secure election integrity, support county boards of elections, and improve voter services.
Part II.
Enacts GS 163-275.1 making it a Class H felony for any person to do the following. (1) Threaten or attempt to threaten any person for voting or attempting to vote, for voting or attempting to vote for or against a particular candidate, for registering to vote, for urging or aiding any individuals to vote or attempting to vote, as allowed by law, or for exercising any lawful powers or duties as an election official or enlisting another person to do the same. Specifies that a person is be found to have threatened another person if the person knew or reasonably should have known that his or her actions would produce that effect. (2) Knowingly challenge a person's right to vote on fraudulent or spurious grounds. (3) Engage in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or to delay the process of voting or the lawful and orderly administration of an election. (4) Fraudulently advise any person that the person is not eligible to vote or is not registered to vote when in fact that person is eligible or registered to vote.
Makes it a Class H felony for an employer, who, in paying its employees the salary or wages due the employees, to: (1) enclose the employees' pay in pay envelopes upon which or in which there is written or printed the name of any candidate or any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of the employees or (2) in any way, express or implied, communicate that the employees' pay or continued employment is conditioned on voting or not voting, or voting a certain way.
Makes it a Class A1 misdemeanor for a person who intimidates or coerces or attempts to intimidate or coerce any person for: (1) voting or attempting to vote; (2) voting or attempting to vote for or against a particular candidate; (3) urging or aiding any persons to vote or attempt to vote, as allowed by law; or (4) exercising any lawful powers or duties as an election official or enlisting another person for the purpose of doing the same. Specifies that a person is found to have intimidated or coerced another person if the person knew or reasonably should have known that his or her actions would produce that effect.
Allows an aggrieved person to bring an action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. Allows the court to award the prevailing party reasonable attorneys' fees.
Allows the court to order any person convicted of violating this Article to pay a restitution fine. Requires that the money from the fine be deposited in the Voter Intimidation Restitution Fund, which is established in the State Treasury. Provides that upon appropriation by the NCGA, moneys in the Fund must be allocated to the SBOE for voter education campaigns addressing the specific crime committed by anyone convicted of violations of this Article. Also allows funds to be used for administrative costs.
Amends Article 22 of GS Chapter 163, as follows. Places the existing Article provisions under Part 1, Criminal Penalties for Voter Interference. Amends GS 163-278 to authorize the SBOE and district attorneys to investigate, prosecute, and seek increased penalties for a person who intimidates, threatens, or coerces an election worker engaged in official duties. Makes organizational changes.
Enacts new GS 163-278.1 under new Part 2, Election Administrator and Poll work Intimidation, making a person who intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce an election worker with intent to impede, intimidate, or interfere with the election worker's official duties, liable in civil damages to the election worker for any injury or loss resulting from the intimidation, threats, or coercion. Defines election worker as any individual who is an election official, poll worker, or an election volunteer performing duties in connection with an election. Caps the punishment at a fine of up to $100,000, or imprisonment for not more than five years, or both. Specifies that an election worker acting in good faith to prevent election interference or preserve ballot access in accordance will not incur liability.
Part III.
Enacts new GS 163-82.5A to require the SBOE to ensure that the following are available to the public on its website: (1) online application for voter registration, the content of which must be equivalent to the form provided by designated voter registration agencies; (2) online assistance to those applying to register to vote; (3) online completion and submission by applicants of the voter registration application, including the applicant's signature; and (4) online receipt of completed voter registration applications. Deems an application to be submitted to the election authority on the date it is received. Sets out requirements for an applicant's signature. Requires the website to generate an immediate electronic confirmation that the application has been received. Requires the SBOE to accept an online voter registration application and ensure that the individual is registered to vote in this State if: (1) the individual meets the same voter registration eligibility requirements applicable to individuals who register to vote by mail and (2) the individual provides a signature in the specified manner. Requires the SBOE to ensure that a registered voter may update their registration information online.
Makes conforming changes to account for the online registration in GS 163-82.3, GS 163-82.6, and GS 163-82.10. Amends GS 163-82 to allow for electronic signatures on voter registration forms.
Requires the SBOE to establish appropriate technological security measures to protect against unauthorized access to information and requires ensuring that online voter registration is provided in a way that is accessible to persons with disabilities.
Above provisions are effective December 1, 2023.
Appropriates $215,000 in recurring funds for each year of the 2023-25 biennium and $90,000 in nonrecurring funds for 2023-24 from the General Fund to the SBOE to implement online voter registration. Effective July 1, 2023.
Amends GS 163-227.2 by extending the time for one-stop voting on the last Saturday before the election until 5:00 pm (was, 3:00 pm). Makes conforming changes.
Amends GS 163-227.6 by requiring that one-stop voting locations be open: (1) on each Saturday before the election during the period required by GS 163-227.2(b), all one-stop sites must be open from 8:00 am to 5:00 pm (was, if the county opens one stop sites on Saturdays other than the last one before the election, then all one-stop sites must be open for the same number of hours uniformly throughout the county) and (2) on each Sunday during the period required by GS 163-227.2(b), all one-stop sites must be open from 12:00 pm to 5:00 pm (was, if the county opens one-stop sites on Sundays then all one stop sites must be open for the same number of hours uniformly throughout the county on those Sundays).
Amends GS 163-82.14 to require before the county board of elections removes from its voter registration record any person the Department of Health and Human Services has listed as deceased, that the county board confirm that the complete date of birth of the deceased person and the last four digits of the Social Security number are identical to the person to be removed from the voter registration records. Sets out alternative record matching when the last four digits of the social security number are not available. Allows the county board of elections to remove a person from its list if the registrant fails to respond after no less than 60 days (previously, no time frame was specified) to a confirmation mailing and does not vote or appear to vote in an election beginning on the date of the notice and ending on the day after the date of the second general election for the US House of Representatives that occurs after the date of the notice. Adds to the requirements for the confirmation notice that if a voter has provided the county board of elections with an email address, to allow the use of an email that (1) provides the confirmation mailing has been sent, (2) contains information on how the registrant may confirm the registrant's current address online, and (3) contains information on how the voter may continue to be eligible to vote if the registrant has moved outside the county. Allows, if no email is provided, contacting the voter via phone. Prohibits a county board of elections from removing a registrant from its list of registered voters solely based on the county board receiving a return mailing as "undeliverable" without taking steps to confirm the registrant's current address by other means.
Requires the SBOE to create and maintain an online portal for a voter to confirm the voter's address.
Part IV.
Sets out NCGA findings. Requires the UNC School of Government to study and report to the NCGA by February 1, 2024, on options and recommendations to create a nonpartisan process for redistricting districts for the NCGA House and Senate and the US House of Representatives. Requires the report to include a recommended time line for putting the nonpartisan process into practice, including the likelihood of implementing the process following the return of the 2030 federal decennial census.
States the NCGA's intent to review the options presented in the report and transition to a nonpartisan redistricting process following the return of the 2030 federal decennial census.
Appropriates $30 million dollars from the General Fund to the Department of Commerce (Department) in recurring funds for the 2024-2025 fiscal year to be used for the North Carolina Housing Choice Grant program, which will award grant funds annually to counties and municipalities in accordance with specified criteria in the act to be used by the grant recipients for local water, sewer, or transportation infrastructure projects. Grants awarded to each local government unit are in the amount of up to $1 million unless the eligible grantees exceed the number of available funds in a given year. If that occurs, directs the Department to distribute the funds on a per capita basis based on population of the grant recipient. Specifies that unawarded grant funds do not revert and are only available to the Department to award in future years. Specifies that local government applicants may only receive one grant under this section every five years.
Specifies the following grant eligibility requirements for applicant counties or municipalities: (1) a population of 100,000 or less, as of the most recent decennial census, and has designated at least five zoning districts of reasonable size in which multifamily housing is a permitted use or (2) has a population of more than 100,000, as of the most recent decennial census, and has designated at least 10 zoning districts of reasonable size in which multifamily housing is a permitted use and at least four of seven specified criteria apply to the designated multifamily zoning districts. Sets forth application deadline of April 1. Sets forth definitions of accessory dwelling unit, middle housing, and multifamily housing.
Effective December 1, 2023.
| Intro. by Alston, G. Brown, Hardister. | APPROP, UNCODIFIED |
Section 1
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 these 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) the sawmill operator has a certificate from a state-approved lumber grading training program, certifying that the lumber conforms with product and inspection standards under American Softwood Lumber Standard PS20 and marks the lumber as required; (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; and (5) the sawmill gives the purchaser a certificate that contains the specified information.
Also requires the Council to amend the North Carolina Residential Code for One- and Two-Family Dwellings and the North Carolina Building Code 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 and structures classified as Residential Group R-2 or R-3, when that use meets the same five requirements specified above, except allows the lumber to be sold directly by the owner or employee of a small mill or a mobile sawmill and makes conforming references to such a facility.
Requires the Council to issue temporary implementing rules no later than 180 days after the section's effective date. Sunsets these provisions when the Council issues permanent rules substantially similar to the act's provisions and notifies the Codifier of Statutes.
Section 2
Enacts new GS 143-138.2 requiring the NC Cooperative Extension Service to establish a basic lumber grading training program for individuals and establish the general requirements for successful completion of the program, including requirements for initial certification and for recertification. Requires the training to be offered at least annually. Requires the Extension Forestry staff, in cooperation with the staff of the North Carolina Forest Service, to develop and establish the content of the training program, determine the certification requirements for instructors, and determine the criteria for determining successful completion of the training program. Requires instructors to be approved by the North Carolina Cooperative Extension Service. Allows the North Carolina Cooperative Extension Service to allow one or more private lumber grading training programs, provided that the content of the private programs and certification requirements for instructors and criteria for successful completion of the training program are at least as stringent as the program offered by the North Carolina Cooperative Extension Service. Requires an individual holding an initial certification from the program established under this statute, from a private program, or from a state-approved lumber grading program in another state who mills lumber in the State to be recertified under the training program every five years. Requires certified individuals to register with the North Carolina Forest Service before selling lumber that has not been grade-stamped under the authority of a lumber grading bureau directly to the owner of a structure for use in construction of the structure.
Requires the basic lumber grading training program to be established no later than 180 days after the section becomes law.
Section 3
Amends GS 160D-110 by setting out information that a building permit applicant for a structure constructed with lumber that has not been grade-stamped under the authority of a lumber grading bureau must include with the application. Effective on the date that the temporary rules required to be adopted by the Council become effective.
Includes whereas clauses. As title indicates, enacts new GS 145-52 adopting the Veterans History Museum of the Carolinas, located in Transylvania County, as the official Veterans History Museum of the State of North Carolina.
| Intro. by Clampitt. | GS 145 |
Includes whereas clauses. Appropriates $2,895,204 for 2023-24 from the General Fund to the Department of Natural and Cultural Resource, Office of Archives and History, to complete phase two of the capital improvements at the Fort Fisher State Historic Site. Effective July 1, 2023.
| Intro. by Davis. | APPROP |
Enacts GS 90-413, making it unlawful for a health care provider to knowingly and willfully destroy, alter, or falsify a medical record for either: (1) concealing the commission of an error by the health care provider in providing medical services that caused injury to or death of a patient, punishable as a Class H felony; (2) unlawfully obtaining money or any other thing of value, punishable as a Class I felony; or (3) concealing any material fact not covered in the previous two purposes relating to a potential claim or cause of action, punishable as a Class A1 misdemeanor. Specifies that the statute does not affect other civil remedies available for punishable actions. Applies to offenses committed on or after December 1, 2023.
| Intro. by Pless. | GS 14 |
Expands the scope of the powers of the State’s Cemetery Commission (Commission) under the North Carolina Cemetery Act (GS 65-53) by authorizing the Commission to promulgate rules and regulations for minimum standards for the care and maintenance of cemeteries. Allows Commission, in addition to taking action against the license of a licensee who violates this section, to also impose a civil penalty of $50.00 for each violation, enforceable in a civil action if the licensee does not pay. Specifies that each day a licensee is not in compliance is a separate violation. Specifies notice requirements. Requires clear proceeds of civil penalties to be remitted to the Civil Penalty and Forfeiture Fund. Adds definition of care and maintenance to the definitions applicable under the North Carolina Cemetery Act (GS 65-48). Amends GS 65-65 (pertaining to reports required from the trustee of a cemetery trust fund) to require that the trustee also include details of the care and maintenance worked performed in their report to the Commission.
| Intro. by Penny, Wheatley. | GS 65 |
Amends GS 143B-437.02A to allow the funds in the Film and Entertainment Grant Fund to be used for a production on which the production company has qualifying expenses of at least $500,000 for a feature-length film (was, $1.5 million for a feature length film for theatrical viewing or $500,000 for a feature length tv movie). Amends the grant caps to prohibit using the funds to provide a grant in excess of an amount more than 35% of the qualifying expenses for the production if at least 75% of (1) the filming of the production and (2) where crew, cast, and offices of the production are both located in tier one and tier two areas, or more than 25% of the qualifying expenses for any other production.
| Intro. by Faircloth, Hardister, Lambeth, K. Hall. | GS 143B |
Includes whereas clauses.
Ratifies and affirms the Equal Rights Amendment to the US Constitution (which is set out in the act's whereas clauses). Requires that the Governor forward certified copies of the act to the Archivist of the United States, the President Pro Tempore of the Senate, the Speaker of the House of the US Congress, and each member of the NC congressional delegation.
| Intro. by von Haefen, Cunningham, Price, Prather. | CONST, UNCODIFIED |
Amends GS 163-227.2 by changing the period for one-stop voting from no earlier than the second Saturday (was, third Thursday) before an election, until no later than 3:00 pm on the last Saturday before the election.
| Intro. by Davis, Cleveland, Clampitt, Humphrey. | GS 163 |
Identical to S 88, filed 2/9/23.
Amends GS 163-231(b)(1) to require absentee ballots to be received by the county board of elections by 7:30 p.m. rather than by 5:00 p.m. on the day of the statewide primary or general election or county bond election. Makes conforming changes to GS 163-232.1(a). Amends (b)(2) to allow for absentee ballots not received by that specified time to be accepted if, in lieu of being required by federal law, the State Board of Elections has extended the closing time of the polls for every poll in the county pursuant to state law, whereby the ballots must be received by the closing time as extended by the State Board in order to be counted. Also requires absentee ballots to be accepted after the stated deadline if the ballots are received in accordance with Article 21A of GS Chapter 163, Uniform Military and Overseas Voters Act (was, if the ballots issued under Article 21A are received by the county board no later than the end of business on the business day before the canvass conducted by the county board). Removes the requirement that absentee ballots received after 7:30 by the county board of elections on the day of the statewide primary or general election or county bond election be accepted if the ballots are postmarked with a date on or before the date of the statewide primary or general election or county bond election and received by the county board of elections no later than three days after the election by 5:00 pm. Makes conforming changes to the statutory cross references to this provision in GS 163-234 and GS 163-89.
Modifies the county boards' duty to prepare a certified list of absentee ballots received on or after election day pursuant to GS 163-232.1. Now requires the list to contain all absentee ballots returned to the county board to be counted, which have been approved by the county board and not included on the certified list of executed absentee ballots received before 7:30 p.m., the time provided in GS 163-231(b) on the day of the statewide primary or general election or county bond election. Makes conforming changes to the county chairman's certification of the list. Makes language gender-neutral.
Amends GS 163-234 by requiring that only absentee ballots returned to the county board by 5:00 pm on the day before election day in a properly executed container-return envelope or absentee ballots received pursuant to GS 163-231(b)(2) must be counted (removes the specification that this requirement is except to the extent federal law requires otherwise). Requires the county board to also comply with GS 163-230.1 (simultaneous issuance of absentee ballots with application) in counting absentee ballots received pursuant to GS 163-231(b)(2). Makes language gender neutral.
Amends GS 163-89 to specify that an absentee ballot received by the county board under GS 163-231(b)(1) may be challenged on the day of any statewide primary or general election or county bond election beginning no earlier than noon and ending no later than 5:00 pm, or by the chief judge at the time of closing of the polls (was, applicable to the absentee ballot of any voter).
Amends GS 163-227.10 by adding the requirement that each county board and the State Board publish on its website and on materials sent to voters the date by which absentee ballots are available for voting.
Amends GS 163-230.1 by adding that each county board and the State Board must publish on its website and on materials sent to voters the date by which a completed request form for an absentee application and absentee ballots must be received.
Enacts new GS 163-232.2 setting out the following reporting requirements. Requires each county board to report the following to the State Board during each day of the one-stop early voting period: (1) the number of absentee ballots that have been spoiled due to the voter voting in person at a one-stop voting site and (2) the number of outstanding absentee ballots. Requires each county board of elections to report, from the day after the day of the election through the day after the receipt deadline for absentee ballots, to the State Board by 5:00 pm each day: (1) the number of absentee ballots that have been counted, (2) the number of outstanding absentee ballots, and (3) the number of voted provisional ballots. Requires the State Board to publish each report on its website daily.
| Intro. by Davis, Warren, Cleveland, Humphrey. | GS 163 |
Disapproves the following rules, which were adopted by the Department of Administration on October 20, 2022, and approved by the Rules Review Commission on December 15, 2022: 01 NCAC 05A .0112 (Definitions) (relating to purchasing and contracting) and 01 NCAC 05E .0101 (Good Faith Efforts) (relating to requirements for agency vendors subcontracting all or part of a contract for the purchase of goods or services to undertake good faith efforts to recruit historically underutilized business participation when contracting with the State).
| Intro. by Arp, Riddell. | UNCODIFIED |
The Daily Bulletin: 2023-03-07
Senate amendment to the 1st edition adds the following content.
Amends GS 115C-407.55 by amending the appeals rules that the State Board of Education must adopt governing high school interscholastic athletic activities conducted by public school units, to also require that the rule provide for a process to appeal the independent appeals board's decision on application of eligibility rules to the Superintendent of Public Instruction, who must make a final decision in the appeal. Applies beginning with the 2024-25 school year. Requires the Board to adopt rules to implement this section consistent with Section 1.2 below.
Adds new Section 1.2 to the act, requiring, from January 1, 2023, through June 30, 2024, that the Superintendent of Public Instruction be allowed to make final decisions in any appeal of an eligibility rule determination made by the independent appeals board, beginning with final decisions of the board made on or after January 1, 2023, as follows: (1) appeals may be made to the Superintendent by any party affected by the ruling, including the student and their parent; (2) appeals must be in a form specified by the Superintendent and must state with specificity the grounds for requesting review; (3) the Superintendent must accept appeals for review in his/her discretion; (4) the Superintendent must review the record in each appeal, and may allow the parties to the appeal the opportunity to present additional evidence; and (5) the Superintendent's decision is the final decision on that appeal. Applies to final decisions made by the independent appeals board between January 1, 2023, and June 30, 2024.
Makes conforming changes to the act and to the act's long title.
Senate committee substitute to the 2nd edition makes the following changes. Clarifies that GS 14-150.2 (creating criminal offenses for knowing or willful injury to an energy facilities) does not apply to demolition work and other activity that is performed at or on an energy facility by the owner or operator of the facility, or an agent of the owner or operator authorized to perform such work or activity by the owner or operator. Removes proposed amendments to GS 62-323, willful injury to property of public utility, which increased violation to felony (currently, a Class 1 misdemeanor).
| Intro. by McInnis, Britt, P. Newton. | GS 14 |
Senate committee substitute to the 2nd edition makes the following changes. Adds officials or employees conducting or participating in an externally funding research project at one of the UNC constituent institutions to the list of individuals exempt from the bar on high-risk platforms on government devices under GS 143-805. Makes technical and clarifying changes.
Senate amendment to the 1st edition amends GS 1A-1 Rule 4(j5) of the North Carolina Rules of Civil Procedure by allowing a person to accept service of process by completing an acceptance of service, such as a form for that purpose to be prescribed by the Administrative Office of the Courts (AOC). (Was, had to complete an acceptance of service of form provided by the AOC.)
| Intro. by Galey, Sawrey, B. Newton. | GS 1A |
Senate committee substitute to the 1st edition makes the following changes. Changes the act’s long title and makes conforming changes to the act’s short title.
Amends GS 90-96.2, the Good Samaritan law’s grant of limited immunity by granting limited immunity from prosecution under GS 90-95 to any person who has possession of less than one gram of any controlled substance. (Was, only less than one gram of cocaine, heroin, or fentanyl.)
Amends GS 130A-389 (pertaining to autopsies) by requiring an autopsy to occur when county district attorney or investigating law enforcement agency asserts to the Chief Medical Examiner or the medical examiner in the county where the body is located that probable cause exists that a violation of death by distribution of the controlled substances listed in GS 14-18.4 has occurred. Effective December 1, 2023.
Enacts new GS 160D-1207.1 allowing an inspection department to inspect a property to determine whether a safety hazard in fact exists when a complaint is filed with the inspection department by one or more residents charging there is a safety hazard that poses an immediate threat to the occupant in a dwelling unit within the department's jurisdiction because of an unsafe, unsanitary, or otherwise hazardous or unlawful condition in the dwelling unit. Gives members of the inspection department a right to enter on any premises within the department's jurisdiction at all reasonable hours for the purpose of inspection, upon presentation of proper credentials. Provides that if the inspection department determines that a safety hazard posing an immediate threat to the occupant exists in a dwelling unit, the inspection department may also inspect, without a specific complaint or actual knowledge of the unsafe condition, any additional dwelling units owned by the owner of the dwelling unit in the jurisdiction to determine whether that same safety hazard exists. Also allows such inspection if the owner has a history of three or more violations on a dwelling unit under this statute within a 12-month period. Allows the unit owner to appeal to the specified entities. Requires fixing a reasonable time for hearing appeals, giving due notice to the owner, and rendering a decision within a reasonable time. Allows the board to reverse or affirm the action, wholly or partly, or modify the action appealed from, and may make any decision and order that in the opinion of the board ought to be made in the matter.
| Intro. by Robinson, Garrett. | GS 160D |
Identical to H 281, filed 3/6/23.
Enacts new GS Chapter 50E, the Extreme Risk Protection Orders Act, providing a court procedure for concerned citizens and law enforcement to obtain an order temporarily restricting a person's access to firearms in situations where a person poses a significant danger of harming themselves or others by possessing a firearm. Includes legislative purpose. Sets out defined terms applicable to the Chapter.
Allows a family or household member, a current or former spouse or dating partner, a law enforcement officer or agency, or a health care provider to file a verified petition in district court for an Extreme Risk Protection Order (ERPO) in any county authorized by the venue provisions set out in GS 1-82 (most commonly where the plaintiff or defendant resides). Defines family or household member to be (1) a person related by blood, marriage, or adoption to the respondent; (2) a current or former dating partner of the respondent; (3) a person who has a child in common with the respondent; (4) a domestic partner of the respondent; (5) a person who has a biological or legal parent-child relationship with the respondent, including stepparents, stepchildren, grandparents, and grandchildren; and (6) a person who is acting or has acted as the respondent's legal guardian. Sets out information required in the petition, including: (1) a factual allegation that the respondent poses a danger of physical harm to self or others (and in the case of an ex parte ERPO, poses an imminent danger of physical harm to self or others) by having in his or her care, custody, possession, ownership, or control a firearm; (2) an identification of the number, types, and locations of firearms under the respondent's custody or control; (3) an identification of any existing protection order governing the respondent; and (4) an identification of any pending legal action between the petitioner and the respondent. Clarifies that a petition for an ERPO can be granted without delay regardless of whether there is pending action between the petitioner and the respondent. Provides for a petitioner to use the substitute address designated by the Address Confidentiality Program when filing documents required by new Chapter 50E. Requires a petitioner's address to be kept confidential if the petitioner does not have a current and valid Address Confidentiality Program authorization card if the petitioner submits either specified court orders and a signed statement that the petitioner has good reason to believe that the physical safety of the petitioner or a member of the petitioner's family residing with the petitioner would be jeopardized if the petition's address were open to public inspection. Prohibits the assessment of court costs for filing or service of an ERPO petition or service of any ERPOs. Authorizes electronic filing of all documents filed, issued, registered, or served in an action under new Chapter 50E. Requires annual reporting by the Administrative Office of the Court, beginning December 1, 2023, to the specified NCGA committee and division with five data components specified.
Requires a summons be issued and served no later than five days prior to the date set for the final ERPO hearing, with the ERPO petition, any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a description of an ERPO attached. Directs the clerk of court to effect service through the appropriate law enforcement agency.
Sets forth the required information that must be included in an ERPO, including (1) a statement of the grounds supporting its issuance; (2) the date and time the ERPO was issued and when it expires; (3) whether a mental health or chemical dependency evaluation of the respondent is required; (4) the court's address where a responsive pleading can be filed; (5) a description of the relinquishment and retrieval requirements for firearms, ammunition, and related permits of the respondent; (6) a description of the process for seeking termination of the ERPO; and (7) a statement that violation of the ERPO is a Class A1 misdemeanor. Requires the court to order, upon issuance of an ERPO, that the respondent surrender to the sheriff all firearms, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the respondent's care, custody, possession, ownership, or control of the respondent. Requires the court, during a hearing for issuance of an ERPO, to consider whether a mental health evaluation or chemical dependency evaluation of the respondent is appropriate and allows ordering the respondent to undergo evaluation if appropriate.
Details the parameters of issuing a final ERPO, including a hearing on the petition no later than 10 days from either the date an ex parte ERPO was issued, if applicable, or the date the petition was filed. Allows for one continuance of no more than 10 days unless all parties consent or good cause is shown. Permits issuance of a full ERPO when (1) the court finds by clear and convincing evidence that the respondent poses a danger of causing physical harm to self or others by having in his or her custody a firearm, (2) process was proper, and (3) notice of hearing was proper.
Sets out separate requirements for the hearing and issuance of an ex parte ERPO. Requires the hearing, which may be held via video confernece to be held in person on the day the petition is filed or the day immediately following. Allows for the issuance of an ex parte ERPO before a hearing for a final ERPO and without evidence of service of process or notice if the court finds that there is clear and convincing evidence that the respondent poses an imminent danger of causing physical harm to self or others by having a firearm in his or her custody. Sets out additional requirements for an ex parte ERPO granted without notice.
Requires the respondent to immediately surrender to the sheriff possession of all firearms, ammunition, and permits in the care, custody, possession, ownership, or control of the respondent upon service of an ERPO, or within 24 hours of service at a time and place specified by the sheriff in the event weapons cannot be surrendered at the time the ERPO is served. Requires the sheriff to issue receipt at the time of surrender or seizure, and file receipt with the court within 48 hours after issuing the receipt. Provides for a warrant to be issued for failure to surrender firearms. Allows the sheriff to charge the respondent a reasonable fee for the storage of any firearms and ammunition taken pursuant to an ERPO. Provides for retrieval if the ex parte ERPO expires and the court does not enter a final RPO. Otherwise, allows the respondent to file a motion for return after the expiration or termination of the ERPO, whereby surrendered firearms, ammunition, and permits must be returned to the respondent within 30 days of the motion unless the court finds the respondent is otherwise precluded from owning or possessing a firearm pursuant to state or federal law. Provides for motion for return by a third party owner of firearms or ammunition. Authorizes disposal of surrendered firearms that have not been or cannot be returned as specified.
Sets the duration of an ex parte ERPO to be from its effective date to the date the hearing is held, or if a hearing is not held or a continuance not granted, no more than 10 days from its issuance. Requires a final ERPO to be effective for a fixed period of time not to exceed one year. Provides for renewal of any ERPO by the petitioner one or more times prior to its expiration, providing the initial requirements are satisfied and there has been no material change in the circumstances since its issuance.
Details the process of terminating an ERPO, with the respondent limited to submitting one motion for termination for every 12-month period the full ERPO is in effect. Requires the court to set a hearing no sooner than 10 days and no later than 30 days from the date of service upon the petitioner. Requires the respondent to prove by a preponderance of the evidence that he or she does not pose a danger of causing physical harm to self or others by having a firearm in his or her custody, care, possession, ownership, or control.
Requires the clerk to provide same day notice of ERPO issuance to the sheriff. Requires the sheriff to promptly enter the ERPO into the National Crime Information Center registry; update the orders in the registry upon modification, termination, renewal, or dismissal; and provide 24/7 access to the orders to the courts. Also requires a copy of the ERPO be issued promptly to and retained by the municipal police department. Provides for notice to the respondent if he or she was not present when the ERPO was issued, and for notice to third parties where applicable.
Makes it a Class A1 misdemeanor for any person to possess, purchase, or receive, or attempt to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed firearms for so long as an effective ERPO is entered against that person.
Makes it a Class 1 misdemeanor for any person to knowingly make a false statement when petitioning for an ERPO, and for any person to knowingly make a false statement to law enforcement that an ERPO remains in effect.
Clarifies that the remedies provided in new GS Chapter 50E are not exclusive, and that the Chapter does not impose any criminal or civil liability on any person or entity for actions or omission related to obtaining an ERPO.
Amends GS Chapter 15C, providing for the inclusion of petitioners for an ERPO in the Address Confidentiality Program. Makes conforming changes.
Directs the Administrative Office of the Courts to develop the appropriate forms to implement the processes set out in new GS Chapter 50E.
The above provisions are effective October 1, 2023.
Amends GS 50B-3.1 which concerns the issuance of an emergency or ex parte order under GS Chapter 50B, where a defendant is ordered to surrender all firearms, machine guns, ammunition, and related permits in the defendant's care, custody, possession, ownership, or control, if the court finds: (1) the use or threatened use of a deadly weapon by the defendant or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons; (2) threats to seriously injure or kill the aggrieved party or minor child by the defendant; (3) threats to commit suicide by the defendant; or (4) serious injuries inflicted upon the aggrieved party or minor child by the defendant. Adds that if the defendant fails to surrender the firearms, ammunitions, and permits to the sheriff within 24 hours of service, the court must order the sheriff to seize the firearms, ammunitions, and permits.
Identical to H 256, filed 3/1/23.
Appropriates $500,000 in recurring funds for 2023-24 from the General Fund to the Department of Public Instruction to be allocated to Muddy Sneakers, Inc., to support its experiential learning programs that aim to improve the science aptitude of fifth grade students through supplemental, hands-on field instruction of the State science standards. Effective July 1, 2023.
| Intro. by Corbin, Alexander. | APPROP |
To be summarized.
| Intro. by Galey, Daniel, Overcash. |
To be summarized.
| Intro. by Galey, Daniel, Sawrey. |
Includes whereas clauses. Confirms the appointment of Philip A. Baddour, III, to the North Carolina Industrial Commission for a term beginning May 1, 2023, and expiring April 30, 2027.
| Intro. by Rabon. | UNCODIFIED |
Includes whereas clauses. Confirms the appointment of Theresa B. Stephenson to membership on the Board of Review as the member representing the general public for a term beginning July 1, 2023, and ending June 30, 2027.
| Intro. by Rabon. | UNCODIFIED |
Amends GS 115C-281.5 (pertaining to final approval of applications for charter schools) as follows. Removes State Board of Education (Board) authority to adopt requirements or additional criteria beyond the statute for approval of a charter school application. Requires the Board to approve any charter school application that meets the statutory criteria. Specifies four additional criteria (with multiple prongs) that applicants must meet for approval of charter schools that are related to: (1) the need for the proposed school; (2) academics and programming; (3) parental and community support; and (4) financial support and sustainability. Removes provisions of GS 115C-281.5 that encourage the Board to give preference to applications that demonstrate the capability to provide comprehensive learning experiences to students identified by the applicants as at risk of academic failure.
Specifies that applicants must establish one or more of the prongs to determine there is a need for the proposed charter school by providing evidence demonstrating: (1) interest from parents for students that will utilize 75% of the proposed initial enrollment of the charter; (2) based on current interest from parents, the charter school will be able to achieve or surpass 75% of the proposed initial enrollment of the charter within the first year of operation; (3) no other charter schools exist within the zip code area, as defined by the United States Postal Service, in which that application proposes location of the charter school; and/or (4) at least one charter school has a waitlist that exists within the zip code area, as defined by the United States Postal Service, in which that application proposes location of the charter school.
Specifies that an applicant must establish it meets at least one the following academic and programmatic criteria prongs: (1) The new charter school is proposed to be located within all or part of the same zip code area, as defined by the United States Postal Service, as a local school administrative district designated as low-performing at the time of consideration of the application; (2) the new charter school is proposed to be located within the same zip code area, as defined by the United States Postal Service, as a school designated as low-performing at the time of consideration of the application; (3) no other school with an equivalent curriculum exists within a 3-mile radius of the proposed charter school site; (4) evidence demonstrating that a majority of schools in the State contracted with the proposed education management entity or charter management entity exceed one of the following: (i) the State average school achievement score; (ii) the average school achievement score for schools in the local school administrative unit in which the charter school is located; or (iii) the State average subgroup performance score for targeted student subgroups; (5) evidence demonstrating that charter schools affiliated with the proposed education management entity or charter management entity have increased individual student proficiency or academic growth during their enrollment.
Specifies that an applicant must establish it meets at least one the following parental and community support criteria prongs: (1) demonstration of strong interest and community support evidenced either in the form of letters of support or verifiable survey results from individuals and businesses within the county in which the proposed charter school will be located and adjacent counties; (2) a confirmed waitlist of students for the school based on the address of the student's primary place of residence; or (3) evidence demonstrating that charter schools affiliated with the proposed education management entity or charter management entity have positive student retention statistics.
Specifies that an applicant must establish it meets all of the following financial support and sustainability criteria prongs: (1) documentation that the board of directors or the proposed education management entity or charter management entity has the financial ability to contribute to, or mobilize support for, the charter school during its initial three years of existence; (2) documentation that the board of directors or the proposed education management entity or charter management entity can either lease space within an existing building sufficient to meet the needs of the school or secure an identified site upon which the school shall be built if approval is granted; (3) evidence that the board of trustees' membership or the proposed education management entity or charter management entity has experience or expertise in educational management, community engagement, and business administration.
Specifies that the Board can only grant an application based on the statutory criteria, and that it must grant a initial charter for a period not to exceed 10 years.
Allows applicants for a charter denied after September 1, 2022, to apply for immediate reconsideration of their application under the new statutory factors. Sets time limits by which the Board must consider the application for reconsideration. Provides that all charters granted on or after September 1, 2022, and when the act becomes law are valid. Prohibits any rules or policies that are inconsistent with this act from being enforced. Requires the Board to repeal any such inconsistent rules or policies and prevents the Board from adopting any new rules or policies that would be inconsistent with the act.
Amends GS 115C-218(b) (powers of the Charter Schools Advisory Board), to give the Board the duty to review applications and make recommendations to the State Board on whether the application meets the criteria in GS 115C-218.5 for final approval of the charter (was, review applications and make recommendations to the State Board for final approval of the charter).
Makes conforming changes to GS 115C-218.1(b) to remove references to any criteria beyond the statutory criteria and to add references to amended GS 115C-218.5.
Effective September 1, 2022.
| Intro. by Johnson, Perry, Lazzara. | GS 115C |
Includes whereas clauses. Appropriates $20 million for 2023-24 from the General Fund to the City of Greensboro for remediation of the landfill under Bingham Park, for site restoration, and for rehabilitation and remediation of the creeks draining the site. Effective July 1, 2023.
Appropriates $3,175,000 for 2023-24 from the General Fund to the Department of Commerce (Department) to allocate to the East Market Street Development Corporation (EMSDC), a a nonprofit, for nine specified projects that stimulate economic growth and small business development and education in East Greensboro; specifies the amount that is to go to each project.
Requires EMSDC to give the Department a preliminary statement regarding the projects that describes the following: (1) for eight of the projects, a statement for each project detailing the use of funds, the maximum dollar amount allowed, the intended beneficiaries of he project, and a brief summary of the expected economic benefit as a result of the project and (2) for the project for the support of minority owned businesses in East Greensboro, requires that same information plus any contribution committed to the project by the business receiving the funds. Requires funds to be awarded within 10 days of receiving the preliminary statement.
Effective July 1, 2023.
Requires the Department, in 2023 and 2024, to report to the chairs of the specified NCGA committees and division on the use of the funds. Sets out what must be included in the report.
Requires the funds appropriated in the act to be held by the Department and the allocation to the EMSDC to be released according to this act. Reverts funds not spent or encumbered by June 30, 2025, to the General Fund.
Deletes the content of GS 42-14.1, which prohibits a county or city from enacting, maintaining, or enforcing any ordinance or resolution which regulates the amount of rent to be charged for privately owned, single-family or multiple unit residential or commercial rental property.
| Intro. by Grafstein. | GS 42 |
Identical to H 293, filed 3/7/23.
Part I.
Appropriates $18,961,587 in recurring funds for each year of the 2023-25 biennium from the General Fund to the State Board of Elections (SBOE) to secure election integrity, support county boards of elections, and improve voter services.
Part II.
Enacts GS 163-275.1 making it a Class H felony for any person to do the following. (1) Threaten or attempt to threaten any person for voting or attempting to vote, for voting or attempting to vote for or against a particular candidate, for registering to vote, for urging or aiding any individuals to vote or attempting to vote, as allowed by law, or for exercising any lawful powers or duties as an election official or enlisting another person to do the same. Specifies that a person is be found to have threatened another person if the person knew or reasonably should have known that his or her actions would produce that effect. (2) Knowingly challenge a person's right to vote on fraudulent or spurious grounds. (3) Engage in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or to delay the process of voting or the lawful and orderly administration of an election. (4) Fraudulently advise any person that the person is not eligible to vote or is not registered to vote when in fact that person is eligible or registered to vote.
Makes it a Class H felony for an employer, who, in paying its employees the salary or wages due the employees, to: (1) enclose the employees' pay in pay envelopes upon which or in which there is written or printed the name of any candidate or any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of the employees or (2) in any way, express or implied, communicate that the employees' pay or continued employment is conditioned on voting or not voting, or voting a certain way.
Makes it a Class A1 misdemeanor for a person who intimidates or coerces or attempts to intimidate or coerce any person for: (1) voting or attempting to vote; (2) voting or attempting to vote for or against a particular candidate; (3) urging or aiding any persons to vote or attempt to vote, as allowed by law; or (4) exercising any lawful powers or duties as an election official or enlisting another person for the purpose of doing the same. Specifies that a person is found to have intimidated or coerced another person if the person knew or reasonably should have known that his or her actions would produce that effect.
Allows an aggrieved person to bring an action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. Allows the court to award the prevailing party reasonable attorneys' fees.
Allows the court to order any person convicted of violating this Article to pay a restitution fine. Requires that the money from the fine be deposited in the Voter Intimidation Restitution Fund, which is established in the State Treasury. Provides that upon appropriation by the NCGA, moneys in the Fund must be allocated to the SBOE for voter education campaigns addressing the specific crime committed by anyone convicted of violations of this Article. Also allows funds to be used for administrative costs.
Amends Article 22 of GS Chapter 163, as follows. Places the existing Article provisions under Part 1, Criminal Penalties for Voter Interference. Amends GS 163-278 to authorize the SBOE and district attorneys to investigate, prosecute, and seek increased penalties for a person who intimidates, threatens, or coerces an election worker engaged in official duties. Makes organizational changes.
Enacts new GS 163-278.1 under new Part 2, Election Administrator and Poll work Intimidation, making a person who intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce an election worker with intent to impede, intimidate, or interfere with the election worker's official duties, liable in civil damages to the election worker for any injury or loss resulting from the intimidation, threats, or coercion. Defines election worker as any individual who is an election official, poll worker, or an election volunteer performing duties in connection with an election. Caps the punishment at a fine of up to $100,000, or imprisonment for not more than five years, or both. Specifies that an election worker acting in good faith to prevent election interference or preserve ballot access in accordance will not incur liability.
Part III.
Enacts new GS 163-82.5A to require the SBOE to ensure that the following are available to the public on its website: (1) online application for voter registration, the content of which must be equivalent to the form provided by designated voter registration agencies; (2) online assistance to those applying to register to vote; (3) online completion and submission by applicants of the voter registration application, including the applicant's signature; and (4) online receipt of completed voter registration applications. Deems an application to be submitted to the election authority on the date it is received. Sets out requirements for an applicant's signature. Requires the website to generate an immediate electronic confirmation that the application has been received. Requires the SBOE to accept an online voter registration application and ensure that the individual is registered to vote in this State if: (1) the individual meets the same voter registration eligibility requirements applicable to individuals who register to vote by mail and (2) the individual provides a signature in the specified manner. Requires the SBOE to ensure that a registered voter may update their registration information online.
Makes conforming changes to account for the online registration in GS 163-82.3, GS 163-82.6, and GS 163-82.10. Amends GS 163-82 to allow for electronic signatures on voter registration forms.
Requires the SBOE to establish appropriate technological security measures to protect against unauthorized access to information and requires ensuring that online voter registration is provided in a way that is accessible to persons with disabilities.
Above provisions are effective December 1, 2023.
Appropriates $215,000 in recurring funds for each year of the 2023-25 biennium and $90,000 in nonrecurring funds for 2023-24 from the General Fund to the SBOE to implement online voter registration. Effective July 1, 2023.
Amends GS 163-227.2 by extending the time for one-stop voting on the last Saturday before the election until 5:00 pm (was, 3:00 pm). Makes conforming changes.
Amends GS 163-227.6 by requiring that one-stop voting locations be open: (1) on each Saturday before the election during the period required by GS 163-227.2(b), all one-stop sites must be open from 8:00 am to 5:00 pm (was, if the county opens one stop sites on Saturdays other than the last one before the election, then all one-stop sites must be open for the same number of hours uniformly throughout the county) and (2) on each Sunday during the period required by GS 163-227.2(b), all one-stop sites must be open from 12:00 pm to 5:00 pm (was, if the county opens one-stop sites on Sundays then all one stop sites must be open for the same number of hours uniformly throughout the county on those Sundays).
Amends GS 163-82.14 to require before the county board of elections removes from its voter registration record any person the Department of Health and Human Services has listed as deceased, that the county board confirm that the complete date of birth of the deceased person and the last four digits of the Social Security number are identical to the person to be removed from the voter registration records. Sets out alternative record matching when the last four digits of the social security number are not available. Allows the county board of elections to remove a person from its list if the registrant fails to respond after no less than 60 days (previously, no time frame was specified) to a confirmation mailing and does not vote or appear to vote in an election beginning on the date of the notice and ending on the day after the date of the second general election for the US House of Representatives that occurs after the date of the notice. Adds to the requirements for the confirmation notice that if a voter has provided the county board of elections with an email address, to allow the use of an email that (1) provides the confirmation mailing has been sent, (2) contains information on how the registrant may confirm the registrant's current address online, and (3) contains information on how the voter may continue to be eligible to vote if the registrant has moved outside the county. Allows, if no email is provided, contacting the voter via phone. Prohibits a county board of elections from removing a registrant from its list of registered voters solely based on the county board receiving a return mailing as "undeliverable" without taking steps to confirm the registrant's current address by other means.
Requires the SBOE to create and maintain an online portal for a voter to confirm the voter's address.
Part IV.
Sets out NCGA findings. Requires the UNC School of Government to study and report to the NCGA by February 1, 2024, on options and recommendations to create a nonpartisan process for redistricting districts for the NCGA House and Senate and the US House of Representatives. Requires the report to include a recommended time line for putting the nonpartisan process into practice, including the likelihood of implementing the process following the return of the 2030 federal decennial census.
States the NCGA's intent to review the options presented in the report and transition to a nonpartisan redistricting process following the return of the 2030 federal decennial census.
The Daily Bulletin: 2023-03-07
House committee substitute to the 2nd edition makes the following changes.
Amends section 3 of SL 1971-930 to specify that members of the Hickory City Board of Education (Board), and amends section 2 of SL 1935-200 as amended, to specify that candidates for the Newton-Conover City Board of Education, are to be elected on a partisan basis at the time of the general election in each even-numbered year as terms expire, and in accordance with the applicable provisions of GS Chapters 115C and 163. (Prior version did not specify a timeframe for election.) Adds the specification that candidates for the Board and the Newton-Conover Board will be nominated in the same time and manner as county officials. Deletes requirement that the expense of the election be paid for by Catawba County.
Amends section 4 of SL 1971-930, as amended, and amends section 3 of PL 1935-200 as amended to make technical change and to specify that Board and Newton-Conover Board candidates must file their notices of candidacy at the same time as candidates for other county offices. (Prior version did not have reference to other county offices.) Amends section 6 of SL 193-200, as amended, to delete provisions requiring the towns of Newton and Conover to pay for each election held in their town. Instead, the election will be held and conducted by the Catawba County Board of Elections.
Deletes language stating that the act does not affect the term of office of any member elected in 2019 or 2021 to the Board or Newton-Conover Board. Bars an election for the Board or the Newton-Conover Board from occurring in 2023. Extends the terms of those members whose terms are expiring in 2023 and 2025 for one year. Specifies that regular elections for the Board and the Newton-Conover Board will be conducted in even-numbered years beginning in 2024.
Makes organizational changes.
| Intro. by Adams, Setzer. | Catawba |
House committee substitute to the 2nd edition makes the following changes. Changes the act’s long title and makes conforming changes to the act’s short title.
Repeals Sections 1 and 2 (which specified that the Wake County Board of Commissioners consists of seven members and divided the County into seven residence districts for elections to the Board of Commissioners) of SL 1981-983, in addition to the already deleted Section 3 and 4.
Deletes the proposed changes to Section 2 and 5 of SL 1981-983 and replaces it with the following. Specifies that in 2024, the Wake County Board of Commissioners will consist of seven members who serve staggered four-year terms. The members on the Wake County Board of Commissioners (Board) will be elected from seven single-member electoral districts that were adopted by the Board on November 1, 2021. Sets forth residency requirement for candidates and voters in each Board district. In 2026 and thereafter, specifies that the Board will consist of nine members who serve four-year staggered terms. Members on the Board will consist of the following: (1) seven members elected from seven single-member electoral districts as were adopted by the Board on November 1, 2021, elected by the voters of that district; and (2) two members elected from the county at-large. The qualified voters of the entire county may vote for these at-large Board members. Sets schedule for election of at-large Board members starting in 2026. To stagger the terms, the highest vote getter will serve a four-year term and the second highest vote getter will serve a two-year term. In 2028, and every two years thereafter, one at-large candidate will be elected as terms expire.
Makes organizational changes.
| Intro. by Paré. | Wake |
House committee substitute to the 1st edition makes the following changes. Moves proposed revision to Section 3-3 and 3-4 of the City of Trinity’s Charter, SL 1997-44, as amended, that would set forth the specific years for the next election of each ward’s council race and the mayoral race, to new section 3 of the act. Amends Section 4-1 of the City’s Charter to specify that regular municipal elections will be held at the time of the general election in each even-numbered years. (Previous amended language was, beginning in 2024 and biennially thereafter, elections in the city will be held in accordance with the uniform municipal election laws of North Carolina.) Amends Section 4-2 of the City’s Charter to specify that election to the Randolph County Board of Election will be conducted according to the State’s uniform municipal election laws, except as provided in the act. Makes other organizational changes.
| Intro. by Hardister, Biggs. | Randolph |
House committee substitute to the 1st edition makes the following changes. Deletes amendments to section 2(a)(5)(ii) of SL 1961-112, as amended, that describes how to implement staggered terms for the Winston-Salem/Forsyth County Board of Education (Board) starting in 2024. Makes technical changes. Amends the effective date to specify that the act applies to elections held in 2026 and thereafter. Sets forth new Section 3 setting forth a staggering schedule beginning in 2026, as follows. In District 1, the candidate with the highest number of votes will serve a four-year term, with the seat up for reelection in 2030 and every four years after. The second highest vote getter will serve a two-year term, with the seat up for reelection in 2028 and every four years after. For the four persons elected from District 2, the top two vote getters will serve four-year terms, with the seats up for reelection in 2030 and every four years after. Those receiving the third and fourth highest votes will serve two-year terms, with the seats up for reelection in 2028 and every four years after. For the three members elected at-large from all of Forsyth County, the top two vote getters will serve four-year terms, with the seats up for reelection in 2030 and every four years after. The third highest vote getter will serve a two-year term, with the seat up for reelection in 2028 and every four years after.
Specifies that the staggering schedule set forth above does not affect the terms of those members elected or appointed to the Board in 2022 (was, 2020) and that they will continue to serve until their term has expired and a successor is elected and qualified.
| Intro. by Lambeth. | Forsyth |
House committee substitute to the 2nd edition makes the following changes. Changes the act’s long title and makes conforming changes to the act’s short title. Adds the following content.
Amends section 3 of SL 1973-1100 to reflect that the officers of the Town of Rural Hall (Town) consist of a mayor and four council members to be elected for staggered terms of four years. (Currently, refers to five council members, with a mayor being elected amongst them for a term of two years.)
Amends section 4 of SL 1973-1100 to have elections for municipal officers be held using the nonpartisan primary and election method, with the results determined in accordance with GS 163-294. (Currently, provides for decisions by simple plurality with no primary held.)
Amends section 5 of SL 1973-1100 to specify that the Town will hold municipal elections at the same time as general elections in each even-numbered year. Specifies that candidates will be nominated at the same time and manner as county officers.
Specifies that in the 2023 municipal election, the mayor and two council members will be elected to serve three-year terms. In the 2025 municipal election, two council members will be elected to serve three-year terms. Specifies a schedule for regular municipal elections of staggered four-year terms starting in 2026 (mayor and two council members) and 2028 (two other council members).
| Intro. by Lambeth. | Forsyth |
House committee substitute to the 1st edition makes the following changes.
Repeals the entirety (was, remainder) of SL 1981-551, concerning the Pamlico County Board of Education (Board).
No longer amends Section 11 of SL 1987-939, and instead, repeals Sections 11 (which required the Board to be elected on a nonpartisan basis), 13 (an outdated provision that specified that the act did not impact the election of individuals elected in specified years or a specified election), and 10, as amended (which set out staggered terms).
Amends SL 1987-939, Section 8, as follows. Adds that the election of members of the Board is on a partisan basis (was, nonpartisan under Section 11) at the time of the general election in each even-numbered year, with members serving staggered four-year terms. Requires elections to be conducted in accordance with GS Chapters 115C and 163. Vacancies are to be filled in accordance with GS 115C-37.1 (partisan appointment methods to fill vacancies).
Removes proposed new Section 11a to SL 1987-939, which concerned the filling of vacancies.
Requires beginning in 2024, that one member be elected from Districts 1, 2, 3, and 5 to serve four-year terms. Requires beginning in 2026 that one member be elected from District 4 and two from the county at-large to serve four year terms.
Adds that any vacancy on the Board for a member elected in 2020 or 2022 must be filled by the remaining members of the Board. Makes conforming and clarifying changes.
| Intro. by Kidwell. | Pamlico |
House committee substitute to the 1st edition makes the following changes.
Specifies that the authority to levy the room occupancy tax lies with the Town of Jefferson Board of Aldermen. Make a technical change by making both amendments to GS 160A-215 within the same section of the bill.
Applicable only to Rockingham County and any municipality located wholly or partly within the County, enacts GS 153A-52.3 (pertaining to electronic notice required to be published by municipal boards). Authorizes enacting an ordinance allowing the governing board (defined as the body elected or appointed as the board of county commissioners, city council, or county board of elections) to publish any notice required by law (including notice by publication and notices related to capital improvement projects) electronically in lieu of or in addition to the required publication or advertisement. The ordinance may cover all notices required to be published or advertised or a clearly identified category of notices. Requires the governing board to publish instructions on how to access notices electronically in a newspaper of general circulation monthly for at least 12 months following adoption of the ordinance. Specifies requirements for content and filing of any electronic notice published electronically. Clarifies that the ordinance cannot supersede any general law or local act that requires notice by mail to certain persons or classes of persons or the posting of signs on certain property. Makes conforming changes to GS 160A-1(7) (definitions for cities and towns), GS 153A-1(6) (definitions for counties), GS 159-1(b)(5) (definitions pertaining to local government finance), and GS 163-33 (enumerating powers and duties of county boards of election) to refer to electronic notice. Effective December 1, 2023.
Applicable to Rockingham County only, enacts GS 1-602.1 allowing contracting with a county to electronically publish on its county-maintained website any notice permitted or required by law in a newspaper so long as the county has adopted an ordinance authorizing it to publish such notice. Clarifies that counties are not required to adopt such an ordinance. Permits the county’s board of commissioners to adopt an ordinance establishing the county website as a central location for publishing or advertising legal notices in accordance with this section if the county complies with all of the following: (1) the county maintains its own website, with sufficient staff to maintain that website; (2) the county has sufficient staff to complete affidavits as needed for all legal notices as required by subsection (d) of this section; (3) the county collects and remits fees as provided in GS 1-602.1. Sets forth administrative fee schedule for publication of notices as follows: (1) not more than $450 for foreclosure notices except those initiated by the county; (2) other notices by private parties, not more than $100; (3) notices by the state or any political subdivision thereof, not more than $10; and (4) no charge for notices by that county. Sets forth court procedures for proof of notice. Clarifies that when a statute or written instrument stipulates that an advertisement of a sale will be made for any certain number of weeks, publication via the county website in accordance with this section for the number of weeks so indicated is a sufficient compliance with the requirement. Effective December 1, 2023.
The Daily Bulletin: 2023-03-07
Enacts new GS 160A-499.6 to authorize Greensboro to employ and allow civil personnel to investigate traffic crashes involving property damage only, naming these personnel Civilian Investigators (investigators). Details nine requirements of the City and investigators regarding the employment of investigators, including establishing minimum employment standards and compliance with specified training conditions, equipment issuance, and limits of investigator authority. Specifies that investigators cannot be issued a weapon and have no authority to arrest or issue criminal process.
Applicable only to the City of Greensboro, the act authorizes the City to establish and implement a pilot program to use electronic speed-measuring systems (as defined in the act) to detect violations of the speed limit set in school zones. Requires any electronic speed-measuring system used in the pilot program to produce at least one photograph that clearly shows a recorded image of the vehicle speeding; the vehicle registration number and state of issuance; the date, time, and location of the violation; and the recorded speed. Sets forth civil penalty of $250 for noncriminal violations, without any points on the person’s driver’s license, if a speeding violation is detected by an electronic speed-measuring system. Specifies that the registered owner of the vehicle cited for speeding violation detected by an electronic speed-measuring system is liable for the any penalty imposed, unless within 30 days of service of the notification, the owner submits an affidavit containing a statement that the car was in the control of another person at the time of the violation, along with that person’s name and address or that the car was in the control of a person unknown, and that the owner had reported the theft or loss of the vehicle to law enforcement no later than 48 hours after the time of the violation. If such an affidavit is submitted, then provides liability for the operator the vehicle, along with notice requirements to that person. Imposes an additional penalty of $125 and specifies that any right to contest the violation is waived if the owner/actual operator fails to pay the civil penalty or respond to the notice within that same timeframe. Requires the City to establish an administrative hearing process for alleged violators to present evidence and contest the violation. Permits an appeal of that administrative hearing to the district court of the county where the violation occurred. Requires that a de novo trial (i.e., a new trial on the entire case) be conducted before the district court. Provides for a second appeal to the Court of Appeals. Sets forth deadlines, venue options, and filing requirements for appeal.
Prevents the City, upon notice provided by a law enforcement officer, from issuing any notice of violation detected by an electronic speed-measuring device if the person has been cited or arrested by a law enforcement officer for speeding in a school zone, or, if a citation has already been issued upon proper notification, the City must reimburse the violator for any funds already paid. Specifies requirements for notice of civil violations to the alleged violator and for posting of conspicuous signage warning of the electronic speed-measuring system where the systems are in use.
Permits the City to enter into interlocal agreements with the Greensboro Public Schools Board of Education to effectuate the pilot program described above. Specifies that this should be construed as altering or superseding the requirements of Section 7 of Article IX of the North Carolina Constitution (pertaining to county school funds).
Requires the City to submit a report of the results of the pilot program by no later than three years after its implementation to the specified NCGA joint committees. Requires the State Bureau of Investigation to report on the results of the pilot program to the specified NCGA joint committees, including any recommended legislation, by no later than one year after the implementation of the program. Specifies that the pilot program expires after the City’s submission of its report, or three years after the act’s effective date, whichever is earlier.
Actions on Bills: 2023-03-07
H 40: PREVENT RIOTING AND CIVIL DISORDER.
H 76: ACCESS TO HEALTHCARE OPTIONS.
H 86: SCHOOL CALENDAR FLEX/STATEWIDE.
H 87: PROBATION MODIFICATIONS/SHERIFF AUTHORITY. (NEW)
H 122: REIMBURSE LATE AUDIT COSTS WITH SALES TAX REV.
H 125: NC HEALTH & HUMAN SERVICES WORKFORCE ACT (NEW).
H 136: ARTS HIGH SCHOOL DIPLOMA ENDORSEMENT.
H 142: PROTECT OUR STUDENTS ACT-AB. (NEW)
H 149: REMOTE & VIRTUAL CHARTER/CC PRES CONFIRMATION. (NEW)
H 151: TERM LIMITS FOR CONGRESS.
H 153: USE TRIBAL ID FOR ALCOHOL & TOBACCO PURCHASE.
H 162: LIVING DONOR PROTECTION ACT.
H 166: AMERICAN INDIANS GRADUATING WITH HONORS ACT.
H 175: CONFIRM ED WILSON/SPECIAL SUPERIOR CT JUDGE.
H 235: APPLICATION FOR A CONVENTION OF THE STATES.
H 269: REPLACE EOC WITH NATIONAL ASSESSMENT.
H 270: DEATH BENEFITS PARITY.
H 271: RESTRICT CASH BAIL FOR CLASS 3 MISDEMEANORS.
H 273: LOCAL GOVERNMENT BUDGET PROCESS. (NEW)
H 274: GRANDFATHER PROVISIONAL LICENSE MODIFICATION.
H 275: DMV MATERIALS IN ADDITIONAL LANGUAGES.
H 276: SALISBURY ACADEMY COMMUNITY CENTER.
H 277: FUNDS FOR JOHNSTON CO. EMERGENCY RADIOS.
H 278: THE RAKIM SHACKLEFORD EMBALMING FLUID ACT.
H 279: BREAK FREE FROM PLASTICS & FOREVER CHEMICALS.
H 280: TEACHER LICENSURE/RETIRED EDUCATOR PROGRAM.
H 281: ALLOW ERPOS TO PREVENT SUICIDES & SAVE LIVES.
H 282: TRADE SCHOOLS STUDY.
H 283: PURCHASE PERMIT REQ'D/LONG GUN.
H 284: LAW ENFORCEMENT/DESTROY CERTAIN FIREARMS.
H 286: PERMANENCY INNOVATION INITIATIVE/SAYSO/FUNDS.
H 287: EDUCATE PATIENTS ABOUT OPIOID ANTAGONISTS.
H 288: REMOVE FEE/FIRE DEPT. & RESCUE SQUAD PLATE.
H 289: GUN VIOLENCE PREVENTION ACT.
H 290: PROTECTING NC'S MILITARY AND WORKING LANDS.
H 291: NC NEW TEACHER SUPPORT PROGRAM FUNDS.
H 292: MATH THAT COUNTS.
H 293: FREEDOM TO VOTE.
H 294: NC HOUSING CHOICE INCENTIVE.
H 295: PROMOTE NORTH CAROLINA SAWMILLS.
H 296: ADOPT VETERANS HISTORY MUSEUM.
H 297: FUNDS FOR FORT FISHER HISTORIC SITE.
H 298: CRIMINAL FALSIFICATION OF MEDICAL RECORDS.
H 299: PERPETUAL CARE OF CERTAIN CEMETERIES.
H 301: MODIFY FILM GRANT.
H 302: NC ADOPT ERA.
H 303: REDUCE EARLY ONE-STOP VOTING DAYS.
H 304: ELECTION DAY INTEGRITY ACT.
H 305: DISAPPROVE CERTAIN DOA RULES.
S 22: RENAME OUTDOOR HERITAGE ADVISORY COUNCIL.
S 52: OPEN MEETINGS/ADMINISTERING ORGANIZATIONS.
S 53: HOTEL SAFETY ISSUES.
S 54: CONFIRM KATHERINE BOSKEN, COMM. OF BANKS.
S 58: PROTECT CRITICAL INFRASTRUCTURE.
S 83: NO HIGH-RISK APPS/GOVERNMENT NETWORKS & DEVICES. (NEW)
S 91: AMEND RULE 4/ACCEPTANCE OF SERVICE.
S 95: EXPEDITE WATER/WASTEWATER FRANCHISE TRANSFER.
S 110: GSC UNIF. COMMUNITY PROP. DISP. AT DEATH ACT.
S 115: REPURPOSE R.J. BLACKLEY CTR AS PSYCH HOSPITAL.
S 156: CLARIFY DV MISDEMEANOR. (NEW)
S 174: REV. LAWS TECH., CLARIFYING, & ADMIN. CHNGS.
S 189: FENTANYL DRUG OFFENSES AND RELATED CHANGES. (NEW)
S 197: CAPITAL PROJECT FUNDING FOR NCCU.
S 201: UNION COUNTY/USE WHEEL LOCKS.
S 202: RESTORE MASTER'S PAY FOR CERTAIN EDUCATORS.
S 206: CONTROL SUB./OPIOID/VACCINE/AT HOME OMNIBUS. (NEW)
S 207: BOTTLENOSE DOLPHIN AS STATE MARINE MAMMAL.
S 210: GUN VIOLENCE PREVENTION ACT.
S 211: PERMIT MULTISTATE WATER/SEWER AUTHORITY.
S 212: FUNDS FOR POLK COUNTY YMCA.
S 214: INSPECTIONS/IMMEDIATE THREAT TO OCCUPANTS.
S 215: ALLOW ERPOS TO PREVENT SUICIDES & SAVE LIVES.
S 216: MUDDY SNEAKERS.
S 217: REAL PROPERTY-TENANCY IN COMMON CHANGES.
S 218: ESTATES & TRUSTS CHANGES.
S 220: CONFIRM PHIL BADDOUR/INDUSTRIAL COMMISSION.
S 221: CONFIRM THERESA STEPHENSON/BD OF REVIEW.
S 222: CHARTER APPROVAL PROCESS.
S 223: FUNDS/BINGHAM PARK REMEDIATION.
S 224: EAST GREENSBORO NOW - NONPROFIT SUPPORT.
S 225: ACT TO PERMIT LOCAL GOV TO ENACT RENT CONTROL.
S 226: FREEDOM TO VOTE.
Actions on Bills: 2023-03-07
H 5: LOCAL CHANGES OMNIBUS. (NEW)
H 27: ELECT THOMASVILLE CITY BD. OF ED.
H 30: REDUCE LENGTH OF GRANVILLE BD. OF ED. TERMS.
H 57: HARMONY/LOVE VALLEY ELECTION CHANGES. (NEW)
H 66: BOARDS OF EDUCATION ELECTIONS (NEW)
H 88: OMNIBUS LOCAL ELECTIONS. (NEW)
H 99: WAKE CO. BD. OF COMM. ELECTIONS. (NEW)
H 135: EVEN-YEAR ELECTIONS/CITY OF TRINITY.
H 174: W-S/FORSYTH BD. OF ED./RURAL HALL EVEN-YEAR. (NEW)
H 179: PAMLICO BD. OF ED. ELECT. PARTISAN.
H 184: MAGGIE VALLEY DEV. AUTH. (NEW)
H 195: SCHOOL CALENDAR FLEXIBILITY/ROANOKE RAPIDS.
H 213: INDIAN TRAIL/STALLINGS OCCUPANCY TAX AUTH.
H 220: LANSING/JEFFERSON/STOKES OCC. TAX AUTH. (NEW)
H 239: SCHOOL CALENDAR FLEXIBILITY/JOHNSTON CO.
H 272: BROADEN ELECTRONIC NOTICE AUTHORIZATION.
H 285: ARCHDALE NO SATELLITE ANNEX. CAP/ZOO ANNEX. (NEW)
H 300: ROCKINGHAM COUNTY/PUBLIC NOTICES.
S 198: EVENYR ELECTION/MOORESVILLE/GRADED SCHOOL DIS.
S 199: DURHAM/REDUCE SPEED LIMITS.
S 200: ONSLOW COUNTY PUBLIC NOTICES. (NEW)
S 203: AUTHORIZE SKATEBOARD RESTRICTIONS/POLK CO.
S 204: HENDERSONVILLE LOCAL OPTION SALES TAX.
S 205: RUTHERFORDTON LOCAL OPTION SALES TAX.
S 208: GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY.
S 209: DURHAM/GRANTS TO BUSINESSES & NONPROFITS.
S 213: GREENSBORO/CIVILIAN TRAFFIC INVESTIGATORS.
S 219: CAMERA ENFORCEMENT FOR SPEEDING IN SCHOOL.
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