House committee substitute deletes the content of the 5th edition and replaces it with the following.
Amends Section 2.11 of SL 2020-3 (2020 COVID-19 Recovery Act) to allow a local board of education to schedule remote instruction in the first five days of the school calendar if needed to ensure the health and safety of students due to COVID-19, subject to State Board of Education approval. Section 2.11 prohibits the scheduling of remote instruction days prior to August 24, 2020, for traditional schools, and prior to the sixth instructional day for year-round or modified calendar schools.
Makes conforming changes to the act's titles.
Bill Summaries: S374 (2019-2020 Session)
Summary date: Jul 7 2020 - View summary
Summary date: Jun 19 2020 - View summary
House committee substitute makes the following changes to the 4th edition.
Adds new Section 4A, enacting identical provisions to GS Chapter 160D as those enacted in Section 4, concerning temporary event venues (GS Chapter 160D was enacted in SL 2019-111 and consolidates the local planning and development regulations of GS Chapters 160A and 153A, and generally becomes effective January 1, 2021). Makes conforming changes to GS 143-138, as amended. Effective when GS Chapter 160D becomes effective, and applies to counties with a population larger than 250,000.
Adds new Section 14A, enacting identical provisions to GS Chapter 160D as those enacted in Section 14, concerning city regulation of manufactured homes installation. Effective when GS Chapter 160D becomes effective.
Amends Section 22.5, concerning delay of payment for ABC permit renewals and registration, to specify that permittees intending to delay payment during the described period must notify the ABC Commission in writing by email or other electronic means.
Adds new Section 24.7 to change the sunset provided for Section 4.3 of SL 2020-3 (2020 COVID-19 Recovery Act), which authorizes persons to wear a mask without violating the specified prohibitions on masks on certain public and private premises if the person is wearing a mask for the purpose of ensuring the physical health or safety of the wearer or others. Now provides for expiration upon Executive Order No. 116 being rescinded, rather than August 1, 2020.
Adds new Section 24.8. Amends GS 10B-10, GS 10B-25, and GS 10B-200, as amended by SL 2020-3, extending the sunset from August 1, 2020, to March 1, 2021, regarding the authorized delay in newly commissioned notaries' requirement to take the oath of office before the register of deeds, authorizing remote video notarization, and regulating remote video witnessing.
Adds new Section 39, amending GS 105-232 to allow reinstatement of a suspended corporation or limited liability company if the entity is a recipient of the federal Paycheck Protection Program (PPP), otherwise complies with the requirements of the statute, enters into an installment agreement with the Secretary of Revenue, and pays the required fee. Provides for suspension pursuant to state law if the entity fails to make a payment under the agreement or if the agreement is terminated by the Secretary.
Changes the act's long title.Alcoholic Beverage Control, Business and Commerce, Corporation and Partnerships, Insurance, Occupational Licensing, Courts/Judiciary, Motor Vehicle, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Education, Preschool, Elementary and Secondary Education, Environment, Environment/Natural Resources, Government, Cultural Resources and Museums, Public Safety and Emergency Management, State Agencies, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Public Safety, Department of Revenue, Department of Transportation, State Government, State Personnel, Tax, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Public Enterprises and Utilities, Transportation
House committee substitute makes the following changes to the 3rd edition.
Adds new Section 22.5
Establishes a 90-day grace period for ABC permit renewal or registration fees for permittees prohibited from operating under Executive Order No 141, making payments due 90 days after the order is rescinded so long as the permittee notifies the ABC Commission of intent to delay payment. Allows permittees to request a refund and repay before the grace period ends.
Adds new Section 23.5
Amends GS 116-40.5 to allow teaching hospitals that have established a campus law enforcement agency to assign its campus police officers to any other facility within the teaching hospital's system network, with officers having the same authority and jurisdiction of the assigned facility, but not upon any public road or highway passing through or immediately adjoining the facility.
Adds new Section 23.7
Amends GS 14-258.1 to allow local confinement facilities to provide a mobile phone or other wireless communication device subject to sheriff or other person in charge of the facility approval.
Adds new Section 24.6
Makes the following changes to GS 88B, Cosmetic Art.
Expands authority of the Board of Cosmetic Art Examiners (Board) to include inspecting mobile salons. Adds the defined term mobile salon. Sets the licensing application and annual fee for mobile salons at $25, with a $10 late fee. Enacts GS 88B-15.1 authorizing motor homes to be used as a mobile salon for practicing cosmetic art. Provides for licensure, the Board's rulemaking, and other requirements regarding mobile salons, including requiring owners to provide the Board with a written monthly itinerary listing locations, dates, and hours of operation. Requires the Board to adopt related rules as expeditiously as possible. Makes conforming changes to the Chapter to make the Chapter's licensing requirements and regulations applicable to mobile salons.Alcoholic Beverage Control, Business and Commerce, Insurance, Occupational Licensing, Courts/Judiciary, Motor Vehicle, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Education, Preschool, Elementary and Secondary Education, Environment, Environment/Natural Resources, Government, Cultural Resources and Museums, Public Safety and Emergency Management, State Agencies, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Public Safety, Department of Revenue, Department of Transportation, State Government, State Personnel, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Public Enterprises and Utilities, Transportation
House committee substitute deletes the content of the 2nd edition and now provides the following.
Amends GS 14-234(d1), which sets forth an exception for certain public officers from the prohibition against public officers or employees benefiting from public contracts. Increases the maximum allowable contract amount in a 12-month period under the exception from $40,000 to $60,000 for contracts for goods or services (other than medically related services) between the village; town; city; county social services board; county or city board of education; local health board or area mental health, developmental disabilities and substance abuse board; or public hospital and one of its officials, as described, approved by resolution of the governing body as required by existing law.
Requires that Section 2902.6 of the NC Building Code and Table 403.1 of the Plumbing Code be implemented to no longer require drinking fountains for an occupant load of 30 or fewer, only require one water closet for business occupancies with an occupational load of 30 or fewer, and no longer require a service sink for business and mercantile occupancies with an occupant load of 30 or fewer. Requires the Building Code Council to adopt rules to amend Section 2902.6 of the Building Code and Table 403.1 of the Plumbing Code consistent with this provision.
Directs all occupational licensing boards that require continuing education to study any available options offered for online continuing education. Requires each licensing board's study and report to (1) list and describe options available to each licensee or an explanation as to why no online methods are offered, (2) include the approximate number of offerings made available for each method and associated costs, and (3) include a description of access by the licensee to each method. Requires the licensing boards to report to the specified NCGA committee and division by December 1, 2020.
Enacts GS 160A-386.6 (concerning cities) and GS 153A-341.4 (concerning counties) to authorize a city or county to establish a process to permit temporary event venues, defined as an existing publicly or privately owned building or structure suitable for use as a site for public or private events relating to entertainment, education, marketing, meetings, sales, trade shows, and any other activities or occasions authorized by city or county ordinance, and limited to 72 hours. Allows the temporary event venue to be considered as a permitted accessory use in any zoning district and not considered a zoning map amendment. Allows only one temporary event venue per lot or parcel of land, and limits permitted venues to 24 temporary events in a calendar year. Details requirements for ordinances authorizing temporary event venues, including prescribing the process for persons seeking a temporary event venue permit or a renewal. Specifies that issuance of a temporary event venue permit is not a quasi-judicial act. Allows cities and counties to charge up to $100 for an initial permit and up to $50 for a renewal. Allows the city or county to require any concerns from the inspection to be addressed with reasonable measures and to require the use of temporary toilet facilities. Exempts permitted temporary event venues from requirements of the Building Code or any local variants. Requires compliance with federal laws, rules, and regulations. Directs the Building Code Council to create an inspection checklist for cities and counties to use. Allows cities and counties to conduct inspections and issue permits prior to the Council's promulgation of the checklist. Provides parameters for instances in which permittees seeking rezoning of the parcel to a zoning district that would allow a permitted use of the venue for events of the type authorized by a temporary event permit. Makes conforming changes to GS 143-138 (concerning the State Building Code) and GS 160A-383.1 (concerning city zoning regulations for manufactured homes). Effective October 1, 2020, and applies to counties with a population larger than 250,000.
Requires the Division of Childhood Development and Early Education of the Department of Health and Human Services to post the following on its website: (1) education opportunities for kindergarten offered by local school administrative units, (2) educational opportunities for kindergarten offered by charter schools, and (3) scholarships for enrollment in non-public schools provided under Part 2A of Article 39 of GS Chapter 115C. Requires participating facilities to furnish this information upon request, and provide all families with the website. Effective January 1, 2021.
Enacts new GS 115C-218.37, providing as follows. Designates the Superintendent of Public Instruction as an applicable elected representative (meaning an elected official of a governmental unit having jurisdiction over the area in which a charter school facility is located) who may approve the issuance of one or more private activity bonds to finance or refinance a charter school facility after a public hearing following reasonable public notice. Defines charter school facility as real property, personal property, or both used or intended for use in connection with the operation of a charter school.
Amends GS 130A-294(a4), providing that a life-of-site permit will remain valid until its expiration date, and a sanitary landfill may continue to operate, if the owner or operator substantially complies with the terms of the local government approval or franchise agreement. Eliminates the requirement that the owner or operator must remain in compliance with the terms until the permit expires.
Amends Section 13.2 of SL 2018-5, as amended, which requires up to $2 million of the funds credited to the Inactive Hazardous Sites Cleanup Fund to be used by the Division of Waste Management to provide a matching grant to Charlotte Motor Speedway LLC for remediation activities at the Speedway, now providing for a 1:1 rather than 1:2 match of State dollars to non-State dollars by the grant.
Requires the Department of Environmental Quality to study and report on the need for additional positions and funding, and possible changes to laws, that would be necessary to expand the Department’s express permitting programs to encompass additional types of permits typically required for job creation, real estate development, and redevelopment activities. Requires a report to the specified NCGA committees and division by December 1, 2021.
Amends GS 159G-23 to modify and add to the considerations the Division of Water Infrastructure (Division) is required to examine when evaluating applications for loans and grants from the Wastewater Reserve or the Drinking Water Reserve. Concerning priority for a project that improves designated impaired waters of the state, adds that greater priority is to be given to projects that improve designated impaired waters of the state that serve a public water supply for a large public water system, defined as serving more than 175,000 service connections. Adds that consideration for priority is to be given to projects improving regional coordination (previously, priority for local water supply plans that are better coordinated with respect to the State water supply plan). Lastly, adds that consideration for priority is to be given for wastewater system improvements made by a local government unit in order to protect or preserve the water supply of a neighboring local unit that has a lower poverty rate, lower utility bills, higher population growth, higher median household incomes, and lower unemployment. Applies to applications for loans or grants from the Wastewater Reserve or the Drinking Water Reserve received by the Division on or after July 1, 2020.
Amends GS 143-215.54 to add aquaculture to the authorized uses for flood hazard areas without a permit so long as the use complies with local land use ordinances and any other applicable laws and regulations.
Amends GS 83A-13 to exempt from architectural license for the preparation, sale, or furnishing of plans, specifications, and related data, or for the supervision of construction under such, of an institutional or commercial building that does not have a total value exceeding $200,000 (was, $90,000) or the total building area does not exceed 3,000 (was, 2,500) square feet in gross floor area. Makes changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $200,000 and a total project area less than 3,000 square feet.
Requires the Department of Revenue to provide the Revenue Laws Study Committee with information on the property taxation of outdoor advertising signs. Requires that the review include the same information that the study was previously required to include and adds reviewing the practices in other states. Requires that the information be provided to the Committee by March 31, 2021.
Amends GS 117-28.1(a), authorizing easements owned or used by electric membership corporations to be used to supply high-speed broadband in addition to electricification. Specifies that the subsection does not have any affect on any obligation of the corporation or its wholly owned subsidiary to comply with any applicable requirements related to notice, safety, or permitting when constructing or maintaining lines or broadband fiber on, over, under, or across property owned or operated by a railroad company.
Enacts GS 160A-383.1(g) to authorize cities to require by ordinance that manufactured homes be installed in compliance with the Set-Up and Installation Standards adopted by the Commissioner of Insurance, so long as the city does not require a masonry curtain wall or skirting for manufactured homes located on land leased to the homeowner. Effective October 1, 2020.
Adds identical authorizations for licensed dealers to obtain a limited registration plate on behalf of a person purchasing a vehicle, notwithstanding obligations owed, to GS 20-54(6), (10), (11), (12), and (13), which prohibit the DMV from issuing vehicle registration or titles, or transfer registration for: (1) vehicles not in compliance with vehicle inspection requirements or unpaid outstanding related penalties; (2) owners with outstanding tolls, fees, or penalties assessed by the NC Turnpike Authority; (3) owners with outstanding fines or penalties resulting from failure to stop for a school bus; (4) owners with outstanding fees or penalties resulting from a lapse in financial responsibility for the operation of the vehicle; and (5) owners with outstanding fees or penalties resulting from violations of vehicle size, weight, construction, and equipment restrictions.
Amends GS 20-79.1A, concerning criteria for the issuance of a limited registration plate. Adds a new requirement for a dealer to notify the purchaser of any outstanding civil penalties, fees, tolls, and obligations owed before the dealer applies for a title to a motor vehicle and a registration plate for the vehicle.
Requires the Division of Motor Vehicles (Division), in consultation with the Department of Insurance and interested parties, to conduct a study on salvage vehicle titles for the purpose of protecting consumers from purchasing flood-damaged vehicles with concealed damage. The study is to address the economic impact to consumers of any changes in the law recommended by the Division and consider any other issues deemed relevant to the title and registration of salvage vehicles. Requires the Division to report its findings and recommendations to the specified NCGA committees and division by March 1, 2021.
Directs the Division of Emergency Management to consult with specified entities and study the needs of law enforcement, emergency medical and emergency management personnel, and firefighters to improve access to or within the interstate system in the state for the benefit of public safety. Details six required steps of the study, including determining potential sites of interest for construction or improvement and establishing criteria for prioritization. Requires the Division to report to the specified NCGA committees by March 1, 2022.
Amends GS 83A-2, making technical changes regarding the member appointments to the NC Board of Architecture (Board) to delete obsolete language. Additionally, requires public notice of the Board's annual meeting to be published for at least two weeks on the Board's website, rather than published at least once each week for two weeks in one or more newspapers in general circulation in the state.
Amends GS 83A-5 to require the Board to maintain and publish a roster of all architects and architectural firms holding current licenses from the Board, with copies filed with the Secretary of State and the Attorney General only (was, published at least once a year with copies also filed with other applicable State or local agencies and upon request, distributed or sold to the public). Now authorizes the Board to make the roster available on the Board's website.
Amends GS 83A-7. Modifies the qualifications for application for examination (rather than qualifications for registration) as a duly licensed architect, now requiring practical training and experience as specified by Board rules (previously, specified at least three years of such experience), and the successful completion of an accredited master or bachelor degree in architecture as specified by Board rules (previously, generally required professional education). Maintains the requirement for successful completion of a licensure examination in architecture. Concerning licensing by reciprocity, requires an individual to hold a certified record (was, a certificate of qualification) issued by the National Council of Architectural Registration Board (NCARB) in addition to holding a current architect license from another state or territory. Specifies that the Board's authority to waive the NCARB certified record requirement is in the Board's discretion.
Amends GS 83A-11 to specify that license renewal applications be transmitted, rather than mailed, as previously specified.
Amends GS 58-41-15, concerning insurance cancellation, to make a clarifying and organizational change. Explicitly provides that proof of mailing is sufficient proof of notice of cancellation under the statute (rather than under subsection (b), which provides for notice requirements). Effective October 1, 2020.
Amends GS 166A-19.31, regarding local emergency prohibitions and restrictions adopted by ordinance. Current law provides for such prohibitions and restrictions to take effect upon publication of the declaration. Specifies that publication includes at least one publication of a signed copy of the declaration conspicuously posted on the local government's website, and submission of notice and a signed copy of the declaration to the Department of Public Safety WebEOC critical incident management system.
Amends GS 78A-45 and GS 78C-26 to establish state policy rendering an investor's financial information confidential and unavailable for inspection or examination by the public.
Amends GS 78A-50 and GS 78C-31 to specify that any records obtained by the Securities Administrator (Administrator) in connection with specified examinations, investigations, or actions, are not public record, unless the Administrator discloses for purposes of a civil, administrative, or criminal investigation, action, or proceeding or to a securities regulator, or local governmental law enforcement agency, to effectuate greater uniformity in securities matters. Adds that records voluntarily provided, but not required, to the Administrator on condition of nondisclosure are not public record.
Amends GS 97-133 to deem an individual self-insurer and a group self-insurer a member of the Association Aggregate Security System upon licensure, and require payment of the initial assessment over a period.
Extends the annual reporting requirement for the State Board of Education regarding charter schools, set out in GS 115C-218.110, from February 15 to June 15.
Amends GS 160D-1106, regarding city approval of component and element design proposals, to clarify that the requirement for the submission to be completed under the valid seal of a licensed architect or licensed professional engineer only applies when required by the State Building Code.
Disapproves of the following rules adopted by the Department of Health and Human Services on February 11, 2019: 10A NCAC 14J .0301 (Classification System and Total Design Capacity) and 10A NCAC 14J .1210 (Other Areas).
Amends GS 113A-119(a) to allow electronic payments for development permits in areas of environmental concern under the Coastal Management Act of 1974.
Changes the annual reporting deadline for permitted mine reclamation operators under GS 74-55, from July 1 to September 1.
Changes the annual reporting deadline for the Department of Environmental Quality (DEQ) to report on the status of solid waste management efforts, as set out in GS 130A-309.06, from January 15 to April 15. Adds to the reports' required content the use of funds for Superfund cleanups and inactive hazardous site cleanups. Changes the date by which DEQ must annually report to legislators on solid waste management pursuant to GS 130A-310.10 from October 1 to April 15. Makes conforming changes to specified GS Chapter 130A statutes and Section 15.6 of SL 1999-237.
Amends Section 14.22 of SL 2013-360 to require DEQ to include the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources among those to whom it reports regarding use of funds provided to the US Army Corps of Engineers under the Long Term Dredging Memorandum of Agreement. No longer includes reporting to the Joint Legislative Commission on Governmental Operations.
Amends GS 130A-4 to require the Secretary of Environmental Quality to enforce the rules adopted by the Environmental Management Commission pursuant to Articles 9 and 10, concerning solid waste management and drinking water, in addition to those adopted by the Public Health Commission.
Amends GS 130A-22 to require the Environmental Management Commission to adopt rules concerning the imposition of administrative penalties that are under the authority of the Secretary of Environmental Quality.
Corrects a statutory reference in GS 130A-295.6, regarding sanitary landfills.
Changes the annual reporting requirement of the Roanoke River Basin Bi-State Commission under GS 77-98 to include the annual audit required by GS 77-96. Makes conforming changes to GS 77-96 to align the reporting deadline with that of GS 77-98. Changes the entities reported to now include the specified NCGA committee and division and as provided by the Commonwealth of VA.
Changes the annual reporting requirement of the River Basins Advisory Commission under GS 77-117 to include the annual audit required by GS 77-115. Makes conforming changes to GS 77-115 to align the reporting deadline with that of GS 77-117. Changes the entities reported to to now include the specified NCGA committee and division and as provided by the Commonwealth of VA.
Amends GS 143-215.1 to expand the powers of the Environmental Management Commission to include issuing approvals by electronic delivery, registered or certified mail, or any other means authorized by Rule 4 of the NC Rules of Civil Procedure.
Expands GS 136-27.1 to include organized private water or sewer utilities serving 10,000 or fewer customers to those entitled to nonbetterment costs from the Department of Transportation for the relocation of water and sewer lines for a State transportation improvement project. Effective March 1, 2020, and applies to nonbetterment costs incurred on or after that date. Directs the Department to reimburse such costs incurred by qualifying organized private or sewer utilities after March 1, 2020.
Directs the Environmental Management Commission to implement the UST Spill Bucket General Requirement Rule (15A NCAC 02N .0901) to allow spill buckets replaced on tanks prior to November 1, 2007, to use mechanical liquid detecting sensors for leak detection so long as specified regulations and statutory requirements are met. Requires the Commission to adopt a permanent rule consistent with this directive. Applies to spill buckets replaced on or after June 1, 2020.
Stays the following rules adopted by the Building Code Council on March 10, 2020: 1102.7, 1102.2, 702.4, and 702.1 (all regarding the plumbing code).
Amends GS 143B-68 to allow a dean, department chair, program director, or equivalent of a State or regionally accredited graduate school of librarianship in North Carolina to serve on the Public Librarian Certification Commission (was, limited to the dean).
Amends GS 143B-91 to allow, rather than mandate, advisory committees established by the Public Librarian Certification Commission to advise the Secretary of Natural and Cultural Resources, the Commission, and the State Librarian. No longer refers to standing committees. Requires committees to have four persons appointed by the committee chair, rather than six persons appointed by the Secretary of Natural and Cultural Resources.
Repeals GS 125-11.13, which requires certain governmental publications to be printed on acid-free paper.
Amends Sec. 2.1 of SL 2019-224, which appropriated funding to the Wildlife Resources Commission to address abandoned and derelict vessels. Requires the Commission to comply with specific notice requirements before removing and disposing of a vessel and revise the definition of abandoned and derelict vessel.
Sections 37 and 38
Amends GS 160D-903, regarding bona fide farms exempt from local zoning regulations. Current law classifies a building or structure used for agritourism as a bona fide farm if certain requirements are met. Amends the definition provided for agritourism to include farms and ranches that allow member hunting, fishing, and equestrian activities. Corrects a statutory cross-reference. Effective when GS Chapter 160D becomes effective.
Amends GS 153A-145.8 and GS 160A-203.2 to reference the definitions set forth in GS 160D-903, as amended. Effective when GS Chapter 160D becomes law.
Makes conforming changes to the act's titles.Business and Commerce, Insurance, Occupational Licensing, Courts/Judiciary, Motor Vehicle, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Education, Preschool, Elementary and Secondary Education, Environment, Environment/Natural Resources, Government, Cultural Resources and Museums, Public Safety and Emergency Management, State Agencies, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Public Safety, Department of Revenue, Department of Transportation, State Government, State Personnel, Local Government, Health and Human Services, Health, Public Health, Public Enterprises and Utilities, Transportation
Summary date: Jun 17 2020 - View summary
House committee substitute to the 2nd edition to be summarized.
Summary date: Apr 18 2019 - View summary
Senate committee substitute to the 1st edition makes the following changes.
Changes the act's long title.
Adds that if any provision of the act or its application is held unconstitutional, then the act applies to new members joining the Teachers' and State Employees' Retirement System and the Local Governmental Employees' Retirement System on or after July 1, 2020.
Summary date: Mar 27 2019 - View summary
Amends GS 135-5(g) (concerning the Teachers and State Employee Retirement System) and GS 128-27(g) (concerning the Local Government Employees' Retirement System) to limit certain allowance election options for members under each System. Now limits Option 4/four (providing for election of adjustment of retirement allowance for social security benefits) and Option 6/six (providing an added provision regarding payment of the retirement allowance in the event the designated beneficiary predeceases the member, for members electing Options 2 or 3) to members retiring on or before July 1, 2020. Makes conforming changes and makes the language gender neutral.