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View NCGA Bill Details2023-2024 Session
House Bill 917 (Public) Filed Monday, April 29, 2024
Intro. by Davis.

Status: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate action) (May 30 2024)

SOG comments (1):

Long title change


H 917

Bill Summaries:

  • Summary date: May 8 2024 - View Summary

    House committee substitute to the 1st edition adds the following content.

    Repeals GS 1-18, which required that in an action in which the defense of adverse possession is relied upon, the time computed as constituting such adverse possession shall not include any possession had against a feme covert during coverture prior to February 13, 1899.

    Amends GS 29-30, concerning a surviving spouse’s election to take life interest instead of intestate share, by referring to the time of the marriage instead of coverture. Amends GS 50-11, concerning the effects of divorce, to also refer to the time of marriage instead of coverture. Amends GS 50-10, concerning contracts between a husband and wife to refer to the marriage instead of coverture. Makes additional clarifying changes.

    Recodifies a portion of Section 5 of SL 2013-357 into GS 58-50-130 and makes the following changes. Amends the provision prohibiting an insurer from issuing a stop loss health insurance policy to a small employer who has an annual attachment point for claims incurred per individual that is lower than $20,000 for plan years beginning in 2013, by requiring the Department of Insurance to make the indexed amount (was, make the amount of the specified attachment points) available to the public annually. Removes outdated language. Makes additional clarifying and technical changes.

    Makes a technical change to Section 12 of SL 2015-281, specifying that GS 58-50-110 is being amended. Effective January 1, 2016.

    Allows the Revisor of Statutes to recodify the definitions in GS 126-81 so that they are in alphabetical order and make conforming changes. Recodifies GS 131E-176(5a) as (5c).

    Amends GS 135-6, concerning the Board of Trustees Teachers' and State Employees' Retirement System by removing provisions related to the Board’s initial organization and requiring the Board to adopt rules (was, establish rules and regulations from time to time). Removes outdated language, including provisions concerning the creation of actuary tables and rates. Makes additional technical and clarifying changes.

    Recodifies the last sentence of GS 150B-37(c) under GS 150B-34 and requires the Office of Administrative Hearings to forward a written copy of an administrative law judge's final decision  or order (was, final decision) to the parties. Makes additional clarifying and technical changes. Amends GS 108A-70.9A to require the Office of Administrative Hearings, instead of the administrative law judge, to forward a written copy of the judge’s decision to the Department and the recipient in accordance with GS 150B-34; makes conforming changes. Makes conforming changes to GS 108A-70.9B and GS 108D-16. Amends GS 90A-30, concerning penalties for violations of GS 90A-30, and GS 104E-24, concerning administrative penalties, by updating statutory cross-references and making additional clarifying and technical changes. Amends GS 122C-24, concerning adverse action on a license, by removing the provision concerning sharing the decision when an appeal is filed concerning the denial, suspension, amendment, or revocation of a license. Amends GS 122C-24.1, GS 131D-34, and GS 131E-129, concerning penalties, by making conforming and clarifying changes. Amends GS 143-215.94G by making clarifying and technical changes, and removing unnecessary language.

    Amends GS 168-11 by making organizational changes that clarify the statute’s language; also updates the name of an NCGA committee. Makes additional technical changes.

    Amends the act’s long title.

  • Summary date: Apr 29 2024 - View Summary

    Section 1 

    Amends GS 1-569.17 (witnesses; subpoenas; depositions; discovery), by making clarifying and technical changes.  

    Section 2  

    Makes technical changes to GS 7B-2204(d). Removes duplicative reference to juvenile justice section so that it is clear that the only agency that can approve a juvenile’s detention in a holdover or detention facility is the Division of Juvenile Justice of the Department of Public Safety (DJJ).   

    Section 3  

    Modernizes language in the caption of GS 14-113.7A (application of criminal fraudulent property theft article to financial transaction (currently, credit) cards and makes conforming change from credit card to updated defined term financial transaction card in statute.   

    Section 4 

    Repeals Article 15A of GS Chapter 15 (pertaining to investigation of offenses involving abandonment and nonsupport of children).  

    Section 5 

    Amends GS 90A-53, concerning qualifications and examination for registration as an environmental health specialist or environmental health specialist intern, as follows. Amends the allowable education and practice experience standards, to now specify among the four options: (1) graduated with a bachelor's or a or postgraduate degree and earned a minimum of 30 semester hours or 45 quarter hours in the physical, biological, natural, life, or health sciences and has one or more years of experience in the field of environmental health practice; or (2) graduated with a bachelor's or postgraduate degree in public health and has one or more years of experience in the field of environmental health practice. Make additional technical changes. 

    Section 6 

    Repeals GS 108A-54.3A(a)(2a) (providing Medicaid coverage for certain caretaker relatives). 

    Section 7  

    Repeals Article 3 of GS Chapter 110 (pertaining to control over child-caring facilities).  

    Section 8  

    Modernizes language, makes technical changes, and makes language gender neutral in GS 110-130 (pertaining to paternity or child support actions by designated representatives of county commissioners).  

    Section 9 

    Amends GS 115C-284, as amended by Section 1(d) of SL 2023-125, as follows. Removes the statutory reference to powers of superintendent as part of hiring process of supervisors and principals by local boards of education. Removes selection of principal by election of the board of education of those administrative units upon recommendation of the superintendent of city schools. Makes conforming changes to indicate that provisions pertaining to the certification of school administrator, the role of the State Board of Education (Board) in the appointment process for supervisory and professional positions, the Board’s power to refine certification and other requirements for principals and assistant principals, outdated language, digital teaching requirements, and certain teaching and education prerequisites required for candidacy to principal have been repealed by SL 2023-125. Makes conforming and technical changes and modernizes language.  

    Makes technical changes to GS 115C-299. Removes language requiring teachers in city administrative units to be elected by the local board of education upon recommendation by the superintendent of city schools. 

    Repeals GS 115C-315(a) (pertaining to hiring of janitors and maids by local boards of education upon recommendation by the superintendent). Removes outdated language from GS 115C-315(b) and removes reference to the statutory powers of superintendent as part of hiring process of school personnel by local boards of education. 

    Section 10  

    Amends GS 116-30.2 (concerning appropriations to special responsibility constituent institutions) by correcting a statutory cross-reference and making technical changes. Amends GS 126-85 (protection from retaliation) by correcting a statutory cross-reference and making technical changes. 

    Section 11 

    Amends GS 116-209.28 (pertaining to administration of scholarship by the Principal Fellows Program) to remove outdated language and update term for the NC Principal Fellows Trust Fund to conform with changes to the program set forth in SL 2022-71. 

    Section 12 

    Repeals GS 121-42 contained in Article 4, GS Chapter 121 (directing that the article be known as the Conservation and Historic Preservation Agreements Act).  

    Section 13 

    Makes technical and clarifying changes, removes outdated language, and updates title of firefighter entity Board of Trustees member to the NC Firefighters’ and Rescue Squad Worker’s Pension Fund in GS 128-28 (pertaining to administration and responsibility of the Local Government Retirement System [LGERS]). Makes language gender neutral.  Narrows the power of the actuary designated by the Board of Trustees in GS 128-28(m) to perform other duties required in connection with GS Chapter 128.  

    Amends GS 153A-93 (county retirement benefits) and GS 160A-163 (city and town retirement benefits) to update title of firefighter entity to the NC Firefighters’ and Rescue Squad Worker’s Pension Fund. Makes technical and clarifying changes and removes outdated language from GS 153A-93 and GS 160A-163. 

    Section 14 

    Makes technical change to GS 143-215-107F (prohibiting requirements for control of emissions from new motor vehicles).  

    Section 15 

    Repeals Article 29A of GS Chapter 143 (the Governor’s Council on Employment of the Handicapped).  

    Section 16 

    Makes technical change to GS 144-9(b), concerning the disposal of flags. 

    Section 17 

    Makes technical and organizational changes to GS 160D-1311 (community development programs and activities).  

    Section 18 

    Retroactive to January 1, 2023, makes the following changes. Repeals Section 9A.1(a) of SL 2022-74 (pertaining to rate adjustment dates for State-County special assistance program rates).  Increases the basic rate of special assistance payment rates from $1,182 per month per resident to $1,285 per month per resident and the enhanced rate from $1,515 per month per residence to $1,647 per resident under GS 108A-42.1.  

    Section 19 

    Amends SL 2021-180, Section 9A.3A(a) as follows. Removes requirement that the Department of Health and Human Services (DHHS), Division of Aging and Adult Services apply to the Social Security Administration for approval to allow eligible individuals residing in in home living arrangements to qualify for State County Special Assistance under the Social Security Optional State Supplement Program in the same manner as individuals residing in adult care homes or special care units. Amends Section 9A.3A(d) of SL 2021-180, as amended by Section 9A.1(b) of SL 2022-74 to indicate that the Center for Medicare and Medicaid Services (CMS) approved DHHS’s application for Medicaid coverage for individuals residing in in-home living arrangements who qualify for State-County Special Assistance under the Social Security Optional State Supplement Program effective January 1, 2023. Changes the effective date set forth in Section 9A.1.(d) of SL 2022-74 to reflect new effective date of January 1, 2023 (CMS effective date of approval of DHHS application, set forth above).   

    Makes conforming changes.  Changes the effective date to being retroactively effective to January 1, 2023.  

    Section 20 

    Amends Section 9H.15(i) of SL 2023-134, retroactive to October 3, 2023, to change effective date of the legislation’s amendments to: (1) various components of the NC Child Fatality Prevention System (Article 14 of GS Chapter 7B), except for new provisions pertaining to participation in the National Fatality Review Case Reporting System; and (2) GS 7B-2902 (disclosure in child fatality or near fatality cases) to January 1, 2025.