House committee substitute makes the following changes to the 1st edition.
Amends GS 96-1(b)(12) by deleting the proposed language that would have excluded service performed by an intern for a governmental unit from the definition of employment under GS Chapter 96, Employment Security.
The Daily Bulletin: 2018-05-31
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The Daily Bulletin: 2018-05-31
PUBLIC/HOUSE BILLS
H 931 (2017-2018) UNEMPLOYMENT INSURANCE TECHNICAL CHANGES. Filed May 16 2018, AN ACT TO MAKE TECHNICAL, ADMINISTRATIVE, AND CLARIFYING CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS.
| Intro. by Howard, Arp, Bumgardner, Warren. | GS 96 |
H 948 (2017-2018) BUILDING CODE REGULATORY REFORM. Filed May 16 2018, AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING BUILDING CODES, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON IMPLEMENTATION OF BUILDING CODE REGULATORY REFORM LEGISLATION.
House committee substitute makes the following changes to 2nd edition. Removes the term "fire inspection" from the lists of types of inspection to be performed by Code-enforcement officials provided in GS 143-139(b)(2), GS 143.139.4(k)(1), GS 153A-354(b), and GS 160A-414(b).
Removes the term "semiannual" from the reporting requirements to be revised by the Secretary of the Local Government Commission contained in Section 4.(a).
Section 4 now becomes effective June 30, 2019, instead of when the act becomes law. Adds new Section 4.5.(a), providing that if Senate Bill 99 (Appropriations Act of 2018), 2017-18 Regular Session, becomes law, then Senate Bill 99 is amended to add new Section 21.1.(c), which makes Section 21.1 concerning financial reports from local governments and changes to GS 159-33.1, effective June 30, 2019.
H 977 (2017-2018) ADMIN. CHANGES RET. SYSTEM/TREASURER - 2018.-AB Filed May 22 2018, AN ACT TO MAKE CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE STATE TREASURER, TO THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, TO THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM LAWS, TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, AND TO RELATED STATUTES.
House committee substitute makes the following changes to 1st edition. Expands section 11 to amend GS 135-48.54, removing separate provision allowing charter schools approved in 1997-98 to join the State retirement plan. Adjusts timing requirement for charter schools to join the State Health Plan (Plan) from 30 days to two years after the school's written charter was signed. Adds new subsection (b1), requiring a charter school wishing to participate in the Plan to provide notice of intent to do so six months in advance. However, failure to provide this notice alone will not prohibit a charter school from joining the Plan.
Notwithstanding the time requirements detailed above, any charter school that has been chartered in accordance with GS Chapter 115C, Article 14A, that has not voluntarily elected to participate in the Plan as of the effective date of this act may elect to participate in the Plan within two years of the effective date of this act. The six-month notice requirement detailed above will still apply.
Except as otherwise provided, this act is effective when it becomes law.
H 985 (2017-2018) RETIREMENT TECHNICAL CORRECTIONS ACT OF 2018.-AB Filed May 22 2018, AN ACT TO MAKE TECHNICAL CORRECTIONS AND OTHER CONFORMING AND CLARIFYING CHANGES TO THE LAWS GOVERNING THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM, AND THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES AND TO OTHER RELATED STATUTES.
House committee substitute makes the following change to 1st edition. In Section 5, repeals only GS 120-4.14(2), not GS 120-4.14 in its entirety. Subsection (2) sets forth the rates for the purchase of prior service rendered before becoming a member of the Legislative Retirement System for final legislative terms beginning prior to the 1975 General Assembly.
H 1055 (2017-2018) RETIREMENT COMPLEXITY REDUCTION ACT OF 2018.-AB Filed May 31 2018, AN ACT TO REDUCE COMPLEXITY AND ADD VALUE TO THE RETIREMENT BENEFITS OF PUBLIC EMPLOYEES AND TO INCREASE ADMINISTRATIVE EFFICIENCIES BY MAKING ADMINISTRATIVE AND PROGRAMMATIC CHANGES TO LAWS RELATING TO THE STATE TREASURER, TO THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, TO THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM LAWS, TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, AND TO RELATED STATUTES.
Amends GS 135-6(l) (concerning the Retirement System for Teachers and State Employees) and GS 128-28(m) (concerning the Retirement System for Counties, Cities, and Towns) with identical changes, requiring that the contribution-based benefit cap factor be included in the actuary of the retirement systems' periodic reports to the Board of Trustees. Clarifies that the actuary is to include experience studies, all other actuarial calculations, and all assumptions used by the actuary in the annual valuations of System assets provided to the Board of Trustees. Provides that the materials provided by the actuary to the Board of Trustees will become effective the first day of the month following adoption unless a different date is specified in the adopting resolution. Makes other clarifying changes.
Amends GS 150B-1(d), adding subsection (29), exempting from the Rules of GS Chapter 150B, Article 2A, the Retirement System Board of Trustees established under GS 128-28 and GS 135-6 when adopting actuarial tables, assumptions, and contribution-based benefit cap factors after presentation of recommendations from the actuary. This exemption includes, but is not limited to, 11 specified actuarial tables, assumptions, methods, and factors.
Amends GS 135-6(n) and GS 128-28(o) with identical changes, requiring the Board of Trustees to adopt any necessary contribution-based benefit cap factors for the Retirement System, at least once in every five year period. Makes other clarifying changes.
The above changes are effective when they become law and apply to actuarial investigations and calculations mode on or after that date.
Amends GS 135-6.1 and GS 128-33.1, adding new subsection (e1), permitting the Retirement Systems Division of the Department of State Treasurer to disclose to employers who made a contribution for an employee to the Retirement System any information regarding that employee necessary to conduct the business of the Retirement System. Requires employers who receive this information to treat the information as confidential. Requires that the information not be made public record.
Amends GS 135-8(f)(2)f, GS 135-8(j), GS 128-30(g)(2)b., and GS 128-30(j), requiring that reports received under these statutes are not to be made public record, and employers who receive this information are to treat the information as confidential as if it were still held by the Retirement System.
Amends GS 135-48.47, making a local government unit’s election to participate in a State Health Plan irrevocable unless notice of withdrawal was provided by September 15, 2016.
Amends GS Chapter 147, Article 6, adding new section GS 147-75.1, titled Criminal record checks for the Department of State Treasurer. Permits the Department of State Treasurer (Department) to obtain from the State and National Repositories of Criminal Histories or from any other lawful source the criminal history of any: current or prospective employee of the Department, contractor with the Department and their employees and agents, volunteers of the Department, and any other individual engaged by the Department who will have access to health or financial information maintained by the Department that is otherwise confidential. Permits the Department to terminate or refuse employment for any of the above individuals who refuse to consent to a criminal record check or refuse to provide fingerprints or any other necessary identifying information. Such refusal constitutes just cause to terminate or refuse employment. Allows the Department to extend a conditional offer of employment pending the results of this criminal background check.
H 1056 (2017-2018) FAIR 2018.-AB Filed May 31 2018, AN ACT TO PROMOTE FINANCIAL ACCOUNTABILITY, INTEGRITY, AND RECOVERY OF ASSETS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, THE FIREFIGHTERS AND RESCUE SQUAD WORKERS' PENSION FUND, THE DISABILITY INCOME PLAN, AND THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.
Section 1
Includes whereas clauses concerning public employee benefit programs.
Section 2
Enacts GS 135-48.37A, requiring any member of the State Health Plan for Teachers and State Employees (Plan) to repay the Plan any payment of benefits or other amount to, or premiums or claims paid on behalf of, any member that is later determined to be an overpayment, erroneous payment, of benefit or amount the member was ineligible to receive. Requires amounts to be recouped to be offset against the member's net wages if the member is an employee of an employing unit. Details the parameters of offsetting wages to recoup amounts owed to the Plan after the member has failed to enter into an acceptable payment plan within 30 days of receipt of written notice from the Plan. Authorizes the Plan to seek recovery directly from the employing unit if the employing unit fails to adhere to the provisions of the statute after notice. Prohibits any amount due under the statute from being forgiven by the Board of Trustees, the Plan, the Executive Administrator, the State Treasurer, or the employing unit. Places the responsibility of pursuing repayment in full by all lawful means available, including filing a civil action, on the Plan and the employing unit. Adds that the Plan is not limited from pursuing alternative judicial remedies against a member or former member. Applies to all amounts owned by a Plan member for which notice is sent on and after the date the act becomes law, regardless of the date the benefit, claim, or premium amount for which the Plan member was ineligible, the overpayment, or the erroneous payment was made.
Amends GS 135-9, requiring any overpayment of benefits or erroneous payments to, or on behalf of, a member or beneficiary of the Retirement System for Teachers and State Employees (System) to be offset against the net wages of the member or beneficiary if the member or beneficiary is employed by the state or any political subdivision. Similarly to the provisions of new GS 135-48.37A, details the parameters of offsetting wages to recoup amounts owed to the System after the member or beneficiary has failed to enter into an acceptable payment plan within 30 days of receipt of written notice from the System. Additionally, authorizes the System to seek recovery directly from the employer if the employer fails to adhere to the provisions of the statute after notice. Adds that the System is not limited from pursuing alternative judicial remedies against a member or beneficiary. Makes conforming change to the statute's title.
Makes identical changes as those made to GS 135-9 to GS 128-31 for the Retirement System for Counties, Cities, and Towns.
Changes made to GS 135-9 and GS 128-31 apply to all amounts owned by a member or beneficiary to the applicable retirement system for which notice is sent on and after the date the act becomes law, regardless of the date the overpayment of benefits or the erroneous payment was made.
Section 3
Amends GS 135-48.37, authorizing the Plan to pursue alternative judicial remedies against a member who uses or otherwise disposes of any amounts recovered from a liable third party owed to the Plan in order to recover amounts owed to the Plan. Makes conforming and organizational changes.
Amends GS 1-359, establishing that when the Plan prevails in a civil action against a provider to collect an overpayment, the Plan may attach or garnish the provider's credit card receipts or other third-party payments in payment of the amount owed as provided by existing subsection (a) of the statute. Specifies that direct receipt by the Plan is a sufficient discharge for the amount paid by a credit card company, clearinghouse, or third-party payment processor. Provides identical provisions for prevailing civil actions against a participating employer to collect monies owed to the Retirement System for Teachers and State Employees, the Disability Income Plan, or the Retirement System for Counties, Cities, and Towns.
Amends GS 135-48.37, establishing that any lien held by the Plan is superior to all nongovernmental liens and rights, regardless of whether other liens and rights are prior or subsequent to the lien. Incorporates this language into GS 44-49 and GS 44-50, regarding liens upon recoveries for personal injuries to secure sums due for medical attention. Amends GS 44-51, requiring disputed claims to be settled before payment of medical services or hospital fees, to except amount owed to the Plan for past-due account receivables related to claims payments from the statute's provisions.
Establishes that priority of the Plan's lien over nongovernmental liens and rights created under Section 5 apply only to nongovernmental liens and rights that have attached to the applicable property on or after the act becomes law.
Section 6
Enacts GS 135-18.10B (applicable to the Retirement System for Teachers and State Employees), GS 128-38.4B (applicable to the Retirement System for Counties, Cities, and Towns), GS 135-75.1B (applicable to the Judicial Retirement System), GS 120-4.33B (applicable to the Legislative Retirement System), and GS 58-86-101 (applicable to the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund) to prohibit any member whose retirement benefits have been forfeited pursuant to the specified statutes from subsequently purchasing or repurchasing either those forfeited benefits or any creditable membership service associated with those forfeited benefits.
Section 7
Amends GS 135-4.1, concerning reciprocity of creditable service in the Retirement System for Teachers and State Employees with other state-administered retirement systems for purposes of determining eligibility for benefits under Article 1 of GS Chapter 145. Provides that for members first hired on or after July 1, 2021, service standing to the credit of a member of the Optional Retirement Program cannot be added to the creditable service standing to the credit of a member of the System. Similarly prohibits service standing to the credit of a retired member of the Optional Retirement Program prior to retirement from being added to the creditable service standing to the credit of a member of the System. Specifies that reciprocity of serving standing to the credit of a member of the Optional Retirement System can be added to the credit of a member of the System first hired prior to July 1, 2021.
Section 8
Enacts GS 135-48.46, requiring an employing unit to receive written authorization from the Plan's Executive Administrator before entering into any settlement agreement with an employee or former employee as a result of its grievance process regarding health benefits covered by the Plan. Prohibits a settlement agreement between an employing unit and an employee or former employee from reinstating health benefit coverage under the Plan for more than one year prior to the date of the settlement agreement. Voids any settlement agreement in violation of the statute. Applies to any settlement agreements entered into on or after the date the act becomes law, including any settlement agreements under negotiation on or before that date.
Section 9
Amends GS 135-8(f) and GS 128-30(g), concerning the retirement systems of teachers and state employees and counties, cities, and towns, respectively. Excludes a member's retirement allowance with a final compensation of more than $100,000, as indexed by the respective system's statute, from the contribution-based benefit cap if the compensation was earned from multiple simultaneous employers unless an employer's share of the average final compensation exceeds $100,000. Establishes that an employer is not required to make contributions on account of any retiree whose final average compensation exceeds $100,000 based upon compensation earned from multiple simultaneous employers unless the employer's share of the average final compensation exceeds $100,000, as indexed by the respective system's statute.
Section 10
Amends GS 135-105, regarding short-term disability benefits under the Disability Income Plan. Adds new requirement that an application for short-term disability must occur no later than 180 days following the first day of the waiting period. Further, phases out the current administrative responsibilities of an employer for short-term disability benefits provided in existing subsection (d) to apply only to those benefits that begin before July 1, 2019, including the employer's right to reimbursement by the Disability Income Plan after notice to the Plan upon completion of the initial six-month disability period for the amount of short-term benefits and State Health Insurance premiums paid by the employer. For those benefits beginning on or after July 1, 2019, all administrative responsibility of the benefits rests on the employer, with benefits during the first 12 months of the disability period, including benefits from a preliminary determination of eligibility for long-term disability under subsection (f), the full responsibility of and paid by the employer. Makes technical and organizational changes. Makes language gender-neutral. Applies to applications for short-term disability benefits beginning on or after the date the act becomes law.
H 1059 (2017-2018) HEALTHY MOTHER & CHILD/SHACKLING PROHIBITION. Filed May 31 2018, AN ACT TO ENSURE HEALTHY PREGNANCIES FOR FEMALE PRISONERS AND DETAINEES.
Identical to S 786, filed 5/30/18.
Enacts new Artice 84C, Treatment of Pregnant Prisoners and Detainees, in GS Chapter 15A.
Prohibits a correctional institution (defined as any unit of the State prison system, local confinement facility, juvenile detention facility, or other entity under the authority of any State or local law enforcement agency that has the power to detain or restrain a person under the laws of this State) from using restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, postpartum recovery, and the postpartum period unless the corrections official determines that the prisoner or detainee presents an extraordinary circumstance. Defines an extraordinary circumstance as when there has been an individualized determination that restraints are necessary to prevent the woman from injuring herself or others and cannot reasonably be restrained by other means, including the use of additional personnel.
Specifies that, despite a determination that there are extraordinary circumstances, if the health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee must immediately remove all restraints. Also prohibits using leg or waist restraints on any prisoner or detainee who is in labor or delivery under any circumstances.
Requires that if restraints are used, the type of restraint applied and the application of the restraint must be accomplished in the least restrictive manner necessary, and requires the corrections official to make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints. Requires the findings to be kept on file for at least five years and be made available for public inspection.
Requires all correctional facilities in the State to develop the rules mandated under this act within 30 days of the date this act becomes law and to inform prisoners and detainees within their custody of those rules within 60 days of the date this act becomes law.
Appropriates $250,000 for 2018-19 from the General Fund to the Department of Public Safety, Division of Adult Correction and Juvenile Justice, to be allocated to policy implementation, education, and training of the procedures outlined in the act.
Effective July 1, 2018.
H 1060 (2017-2018) ENSURE SAFE HANDGUNS. Filed May 31 2018, AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP A ROSTER OF HANDGUNS THAT MEET CERTAIN DESIGN AND SAFETY STANDARDS AND TO PROHIBIT THE SALE, TRANSFER, OWNERSHIP, OR POSSESSION OF HANDGUNS THAT ARE NOT INCLUDED ON THE ROSTER.
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 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, 2019.
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, 2019.
Effective January 1, 2019.
Appropriates $25,000 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to DPS to cover costs incurred in meeting the requirements set out in new GS 14-406.2. Exempts the act from the provisions of GS 143C-5-2, concerning the order of appropriations bills. Effective July 1, 2018.
H 1061 (2017-2018) FUND YOUTH MENTAL HEALTH FIRST AID TRAINING. Filed May 31 2018, AN ACT TO PROVIDE SUPPLEMENTAL FUNDING FOR YOUTH MENTAL HEALTH FIRST AID TRAINING.
Appropriates $63,000 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to the Department of Public Instruction to coordinate with the National Council for Behavioral Health and the Missouri Department of Mental Health to continue to provide Youth Mental Health First Aid training in the state. Effective July 1, 2018.
| Intro. by Cunningham, Earle, Insko. | APPROP |
H 1062 (2017-2018) VETERANS/HEALTH CARE/PILOT PROGRAM. Filed May 31 2018, AN ACT TO DEVELOP A PILOT PROGRAM IN CUMBERLAND COUNTY TO PROVIDE HEALTH CARE SERVICES TO VETERANS.
Directs the Department of Health and Human Services (DHHS) and the Department of Military and Veterans Affairs (DMVA) to develop and implement a two-year pilot program in Cumberland County to provide health care services to veterans. Requires DHHS and DMVA to coordinate with Community Care of NC and Maxim Healthcare Services. Provides for the pilot program to consist of both a health care initiative and a workforce initiative. Terminates the pilot program on June 30, 2020.
Directs DHHS to conduct and submit a comprehensive evaluation of the pilot program to the Joint Legislative Oversight Committee on Health and Human Services by February 1, 2021. Details the required components of the comprehensive evaluation, including: (1) the specific ways the health care initiative provided increased access to health care resources for veterans; (2) the total number of unemployed and underemployed veterans who were recruited and trained as community health workers under the workforce initiative; and (3) the specific ways DHHS spent funds appropriated by the act, below.
Appropriates $400,000 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to DHHS to support the development and implementation of the pilot program.
Effective July 1, 2018.
| Intro. by Dobson, Szoka, Cleveland, Lucas. | APPROP |
H 1063 (2017-2018) COMMERCIAL FISHING LICENSE REFORMS. Filed May 31 2018, AN ACT TO AMEND THE COASTAL FISHING LICENSE STATUTES TO EASE REGULATORY BURDENS AND ENHANCE ACCESS TO FISHERIES FOR BONA FIDE COMMERCIAL FISHERMEN.
Section 1
Amends GS 113-168, containing the definitions for Article 14A concerning coastal and estuarine commercial fishing licenses, defining CFCL to mean Commercial Fishing Crew License, and HSCFL to mean Heritage Standard Commercial Fishing License. Also adds and defines controlling interest and person. Makes other clarifying changes.
Amends GS 113-168.1, adding new subsection (d1), making it unlawful for any person to hold more than one type of each commercial fishing license issued under this statute. Any corporation or other legal entity in which a person holds a controlling interest will count towards the number imposed by this subsection.
Amends GS 113-168.2, to increase the annual fee for a Standard Commercial Fishing License (SCFL) for a resident of this state from $400 to $800. The fee may not be less than $800 for non residents. Restricts the transfer of an SCFL only to a member of a holder’s immediate family or to a corporation or other legal entity in which the SCFL holder and their immediate family hold a controlling interest. Makes conforming change. Removes provision for a surviving member of a deceased licensee’s immediate family to request transfer of an SCFL to a third-party purchaser of the deceased licensee’s fishing vessel. Removes provision for a person retiring from commercial fishing to transfer their SCFL to a third-party purchaser of their fishing vessel. Adds new subsection (j), allowing a person holding an SCFL or an administrator or executor holding a transferred SCFL to request that the SCFL be converted to a Heritage Standard Commercial Fishing License (HSCFL). Directs the Division of Marine Fisheries in the Department of Environmental Quality (Division) to classify the HSCFL as a separate class of inactive SCFL. Sets the annual fee for an HSCFL at $100. Directs the Division to terminate the HSCFL if it is not timely renewed or 10 years after the original issuance of the HSCFL if it has not been reconverted. Adds new subsection (k), providing that the HSCFL may be reconverted as an SCFL by a member of the immediate family of the person holding the SCFL at the time it was converted. The reconverted SCFL will not be subject to the procedures adopted by the Commission and the Division for issuance of SCFLs from the pool of inactive licenses, and will not be subject to any eligibility requirements for renewal other than payment of the renewal fee for a period of five years following reconversion.
Amends GS 113-168.3, increasing the annual fee for the Retired Standard Commercial Fishing License to $400 for residents of the state and $520 for non-residents. Enacts new GS 113-168.3B, creating a Commercial Fishing Crew License (CFCL). Allows for application for a CFCL by any person who serves on the crew of a commercial fishing vessel under the direction of a person who holds a valid SCFL. Sets the annual fee for the CFCL at $100 for residents of the state, and $130 for non-residents. Allows a person holding a CFCL for three consecutive years to be eligible to apply for a CFCL without meeting any other eligibility requirements.
The above provisions are effective October 1, 2018.
Adds new subsection (a2) to GS 113-168.2, requiring an SCFL holder to demonstrate a minimum level of participation in fisheries of the state by demonstrating one of the two specified levels of participation, in two of the five fiscal years preceding expiration of the SCFL in order to be eligible to renew the SCFL. Effective June 30, 2021, and applies to all SCFLs expiring on or after that date.
Directs the Marine Fisheries Commission and the Division of Marine Fisheries to develop a plan to expand opportunities for commercial fishermen to access and harvest commercial fisheries.
Section 2
Amends SL 1997-400, Section 5.2, as amended, modifying the temporary cap provision in subsection (c) to make it a permanent cap, set at the number of SCFLs active on June 30, 2018, plus 100 additional SCFLs. Removes provision for issuance of licenses in 1999-2000. Creates an Inactive Pool for SCFLs that have not been renewed, and an Active Pool for SCFLs that are available to be issued. A license in the Inactive Pool may be reactivated by the holder until it has been in the pool for two years, at which point it transfers to the Availability Pool. Grants the Commission the authority to determine how many licenses from the Availability Pool to issue, and the procedure for doing so, up to the cap set by subsection (c). Requires the Commission to set aside 100 licenses from the Availability Pool for an apprenticeship program for students completing a commercial fishing program offered by an NC community college or an equivalent program from another state. Makes other clarifying changes.
Effective June 30, 2018.
Section 3
Repeals GS 113-173, GS 113-168(6), GS 113-173.1(a)(6), and GS 113-174(4)c., all concerning the Recreational Commercial Gear License. Makes conforming change to GS 113-168.1(a). Effective June 30, 2019.
Amends GS 113-174.2, adding new subsection (e), directing the Commission to adopt rules allowing persons holding a Coastal Recreational Fishing License (CRFL) to use bait seines and up to five crab pots to take fish for recreational purposes.
Section 4
Amends GS 113-174.2(c), increasing the fees for CRFLs to the following: $20 for annual residents, $36 for annual nonresidents, $7 for ten-day residents, and $18 for ten-day nonresidents.
Effective October 1, 2018.
Section 5
Appropriates $50,000 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to the Department of Environmental Quality for support of the Division of Marine Fisheries in carrying out the requirements of this act.
Section 6
Contains a severability clause.
H 1064 (2017-2018) REQ. IMPLEMENTATION OF TEXT/SMS 911 FOR PSAPS. Filed May 31 2018, AN ACT TO REQUIRE THAT PUBLIC SAFETY ANSWERING POINTS RECEIVE 911 EMERGENCY COMMUNICATIONS VIA TEXT OR SHORT MESSAGE SERVICE IF CAPABLE AND TO CREATE A POSITION WITHIN THE DEPARTMENT OF INFORMATION TECHNOLOGY TO ASSIST PUBLIC SERVICE ANSWERING POINTS IN IMPLEMENTING BEST PRACTICES AND COMMUNITY EDUCATION RELATED TO 911 EMERGENCY COMMUNICATIONS VIA TEXT OR SHORT MESSAGE SERVICE.
Enacts new GS 143B-1417 to require a PSAP (Public Safety Answering Point) with the ability to receive text or SMS messages to use text or SMS messages as a way for a person to request emergency assistance. Effective October 1, 2018.
Appropriates from the General Fund $65,000 in recurring funds to the Department of Information Technology to create a position within the Department to coordinate and assist PSAPs in implementing best practices and educating the community on emergecny communications via text and SMS. Effective July 1, 2018.
H 1065 (2017-2018) DIGITAL COMMUNICATIONS IN ELECTIONS. Filed May 31 2018, AN ACT TO DEFINE AND REGULATE DIGITAL COMMUNICATION IN ELECTIONEERING COMMUNICATIONS AND ADVERTISING DISCLOSURES.
Amends GS 163A-1411, which sets out defined terms applicable to Article 26 of GS Chapter 163A, Regulating Contributions and Expenditures in Political Campaigns. Adds the term digital communication and defines the term to mean any communication placed on an online platform that (1) is a public-facing website, web application, or digital application, including a social network, advertising network, or search engine and (2) sells political advertisements, including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorship. Additionally, modifies the definition of electioneering communication to include digital communication that meets the existing specified characteristics, including that the communication may be received by 50,000 or more individuals in the state in an election for statewide office or 7,500 or more individuals in any other election. Further amends the statute to incorporate digital communications to exclude from the term electioneering communication a communication appearing in a news story, commentary, or editorial distributed through the facilities of any online or digital newspaper, magazine, blog, publication, or periodical unless the online or digital facilities are owned or controlled by any political party, affiliated party committee, political committee, or candidate. Makes conforming change to expand the exclusion of a communication made by a news medium from the term electioneering communication to include communications beyond those in print. Lastly, amends the definition of mass mailing to include messages sent and received electronically to 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election.
Amends GS 163A-1434, concerning statements of media outlets regarding political advertising, to specify a media outlet includes any online platform that meets the characteristics of digital communication as defined in GS 163A-1411(29), as amended above.
Amends GS 163A-1475, which sets out defined terms that apply to Part 2 of Article 23 of GS Chapter 163A, Disclosure Requirements for Media Advertisements. Modifies the definition of advertisement to include any message appearing through digital communication that constitutes a contribution or expenditure under Article 23. Modifies GS 163A-1476 to make applicable to advertisements through digital communication the existing basic disclosure requirements for all political advertisements. Provides for the size requirements of the disclosure statement for digital communication advertisements and provides for cases where dissemination is through a medium in which provision of the disclosure statement is not possible. Makes conforming changes to include the misrepresentation of sponsorship or authorization of an advertisement through digital communication in those violations punishable as a Class 1 misdemeanor.
Effective January 1, 2019, and applies to elections conducted on or after that date.
| Intro. by Harrison, Lewis, G. Martin, Hardister. | GS 163A |
H 1066 (2017-2018) STUDY PREDATORY GAME PRACTICES. Filed May 31 2018, AN ACT TO DIRECT THE OFFICE OF THE ATTORNEY GENERAL TO STUDY PREDATORY GAME PRACTICES THAT TARGET MINORS AND ENCOURAGE GAMBLING.
Includes whereas clauses.
Requires the Office of the Attorney General (AG) to study predatory game practices, particularly as those practices impact minor children. Requires the AG to consider any available data relating to the psychological impact of targeted marketing in video games. Requires consideration of legislation from other states and jurisdictions and allows consultation with other State agencies. Requires a report to the Joint Legislative Oversight Committee on Justice and Public Safety and the Fiscal Research Division on or before January 1, 2019.
Appropriates from the General Fund to the AG $20,000 for conducting the study.
Effective July 1, 2018.
H 1067 (2017-2018) POLLUTER PAY LEGISLATION. Filed May 31 2018, AN ACT TO MAKE PERSONS CAUSING OR CONTRIBUTING TO CONTAMINATION RESPONSIBLE FOR COSTS OF CLEANUP AND PROVISION OF ALTERNATIVE WATER SUPPLIES TO PERSONS WITH WATER SUPPLIES AFFECTED BY SUCH CONTAMINATION AND TO PROHIBIT AN ELECTRIC PUBLIC UTILITY FROM RECOVERING COSTS RELATED TO THE MANAGEMENT OF COAL COMBUSTION ASH AND UNLAWFUL DISCHARGES FROM COAL ASH PONDS.
Amends GS 143-215.3, which establishes the general and auxiliary powers of the Environmental Management Commission (Commission) and the Department of Environmental Quality (DEQ). Authorizes the Secretary of DEQ (Secretary) to order persons causing or contributing to water or air pollution that is causing danger to the health or safety of the public, revealed by an investigation pursuant to Article 21 (Water and Air Resources) or Article 21B (Air Pollution Control) of GS Chapter 143, to immediately reduce or discontinue the emission or discharge, or take other necessary measures or omissions, within a period of time specified at the discretion of the Secretary. Permits the Secretary to order the person to provide alternate water supplies or to establish a permanent replacement water supply to persons with water supplies damaged by the water or air pollution in question at the discretion of the Secretary. Specifies that the establishment of a permanent replacement water supply must be by connection to a public water supply, unless an affected household opts for a whole house filtration system that the responsible person will be required to install and maintain. Additionally, the Secretary is authorized to assess the person causing or contributing to the pollution in question for any actual and necessary costs incurred by the State in removing, correcting, or abating any adverse effects upon the water or air resulting from the pollution for which the person is responsible. Authorizes the Secretary to file a civil action in superior court in the county where the pollution in question occurred or where the person resides or has its principal place of business to recover sums assessed if a person refuses or fails to pay within a reasonable time.
Amends GS 143-215.2, which authorizes the Commission to issue a special order or other instrument to any person responsible for causing or contributing to any pollution of state waters within an area for which standards have been adopted pursuant to GS 143-214.1 or GS 143-215. Adds to the Commission's authority to issue special orders by specifying that a special order can include a requirement that the responsible person provide temporary alternate or permanent replacement water supplies to persons with supplies damaged by the water pollution in question.
Amends GS 62-133.13, adding a new provision prohibiting electric public utilities from recovering from the retail electric customers of the state costs incurred on or after January 1, 2014, that are related to the management of coal combustion residuals disposed of in coal combustion residuals surface impoundments, including costs associated with complying with the coal ash management provisions of Part 2I of Article 9 of GS Chapter 130A. Modifies existing language to now prohibit electric public utilities from recovering from the retail electric customers of the state costs incurred on or after January 1, 2014, that are related to an unlawful discharge to the surface waters of the state from a coal combustion residuals surface impoundment, unless the Commission determines the discharge was due to an event of force majure (currently, this provision is not limited to costs incurred on or after a certain date). Specifies that "costs related to unlawful discharges to the surface waters of the state" includes any corrective actions required of the electric public utility under state or federal law. Removes the provision providing that "unlawful discharge" is the discharge that results in a violation of state or federal surface water quality standards. Makes organizational changes.
Appropriates $75,000 in recurring funds for the 2018-19 fiscal year from the unappropriated remaining balance in the General Fund to DEQ to implement the act.
Exempts the act from the provisions of GS 143C-5-2, concerning the order of appropriations bills.
H 1068 (2017-2018) SCHOOL PERFORMANCE IMPROVE'T STUDY COMMISSION. Filed May 31 2018, AN ACT TO ESTABLISH THE SCHOOL PERFORMANCE IMPROVEMENT STUDY COMMISSION.
Establishes the School Performance Improvement Study Commission (Commission) located within, but exercising independently of, the Department of Public Instruction (DPI) to study alternative models to replace the Innovative School District as a method of improving school performance in low-performing schools. Details the membership of the Commission, with three members each appointed by the President Pro Tempore and the Speaker and five members appointed by the Governor, as specified. Establishes that members serve at the pleasure of their appointing officer. Directs the Governor, President Pro Tempore, and the Speaker to jointly appoint a cochair. Establishes that the Commission expires upon submission of a final report to the General Assembly.
Details seven matters the Commission must examine, including the use of specialized development programs for teachers and administrators in identified low-performing schools and specific programs that could be utilized for that purpose, the need for additional funding, and school calendar flexibility.
Provides for meetings and quorum of the Commission, and establishes that action can only be taken by a majority vote at a meeting at which a quorum is present.
Authorizes the Commission to contract with professional, clerical, and consultant services with available funds as provided. Directs DPI to provide meeting space, equipment, and supplies to the Commission. Provides for per diem, subsistence, and travel allowance for Commission members.
Requires the Commission to make a final report to the General Assembly on or before March 1, 2019, as specified. Terminates the Commission on March 1, 2019, or upon filing of its final report, whichever occurs first.
Appropriates $50,000 in nonrecurring funds for the 2018-19 fiscal year to DPI to implement the act.
H 1069 (2017-2018) RECOGNIZING 70TH ANNIVERSARY STATE OF ISRAEL. Filed May 31 2018, A HOUSE RESOLUTION RECOGNIZING THE 70TH ANNIVERSARY OF THE FOUNDING OF THE STATE OF ISRAEL AND REAFFIRMING BONDS OF FRIENDSHIP AND COOPERATION BETWEEN THE STATE OF NORTH CAROLINA AND ISRAEL.
As title indicates.
| Intro. by Hardister, Ross, Szoka, Goodman. | HOUSE RES |
H 1070 (2017-2018) SAFER SCHOOLS, HEALTHIER KIDS ACT. Filed May 31 2018, AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM TO SELF OR OTHERS; TO REQUIRE A PERMIT FOR THE PURCHASE OF AN ASSAULT WEAPON OR LONG GUN; TO PROHIBIT THE SALE OF AN ASSAULT WEAPON OR LONG GUN TO A PERSON UNDER A CERTAIN AGE; TO PROHIBIT THE SALE OR POSSESSION OF BUMP STOCKS, TRIGGER CRANKS, AND OTHER SIMILAR DEVICES OR INSTRUMENTS; TO APPROPRIATE FUNDS TO EXPAND THE USE OF THE ANONYMOUS TIP LINE MAINTAINED BY THE CENTER FOR SAFER SCHOOLS; AND TO APPROPRIATE FUNDS FOR PUBLIC SAFETY IMPROVEMENTS, ADDITIONAL INSTRUCTIONAL SUPPORT PERSONNEL, AND ADDITIONAL SCHOOL RESOURCE OFFICERS.
Identical to S 737, filed 5/23/18.
Part I
Titles the act "The Safer Schools, Healthier Kids Act."
Part II
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 related legislative findings. Sets out defined terms applicable to the Chapter.
Allows either a family or household member or a law enforcement officer or agency 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 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. Prohibits the assessment of court costs or attorneys' fees for filing or service of an ERPO petition or service of any ERPOs, except for sanctions for violations regarding signing and verification of the pleadings under GS 1A-1, Rule 11. Authorizes electronic filing of all documents filed, issued, registered, or served in an action under new Chapter 50E.
Requires a summons be issued and served no later than five days prior to the date set for the full 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.
Details the parameters of issuing an ex parte ERPO without service or notice. Requires the court to find by clear, cogent, and convincing evidence that the respondent poses an imminent danger of causing physical injury to self or others by having in his or her custody a firearm before a judge or magistrate can issue an ex parte ERPO. Provides that the chief district court judge can designate for each county at least one judge or magistrate to be reasonably available to issue ex parte ERPOs when the court is not in session. Authorizes hearings to consider ex parte relief to be held by video conference.
Details the parameters of issuing a full 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 a preponderance of the evidence that the respondent poses a danger of causing physical injury to self or others by having in his or her custody a firearm, (2) process was proper, and (3) notice of hearing was proper.
Requires the respondent to immediately surrender to the sheriff possession of all firearms, ammunition, and permits in the custody 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 full ERPO. Otherwise, requires the respondent to file a motion for retrieval within 90 days after an ERPO expires, 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. 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 full 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. Limits the granting of renewals to open court.
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 14 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 injury to self or others by having a firearm in his or her custody or care.
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 to 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 2 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 affect the ability of law enforcement to remove a firearm or permit from any person, or conduct any search and seizure for firearms, pursuant to other lawful authority.
Specifies that Chapter 50E does not impose any criminal or civil liability on any person or entity for acts or omissions 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 (AOC) to develop the appropriate forms to implement the processes set out in new GS Chapter 50E.
Effective December 1, 2018.
Appropriates $20,000 in nonrecurring funds for the 2018-19 fiscal year to AOC to be used for the training of district court magistrates and judges, clerks of superior court, and law enforcement officers in the implementation and enforcement of new GS Chapter 50E. Effective July 1, 2018.
Part III
Amends GS 14-402, 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. Defines assault weaponto 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 identified 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. Currently, the prohibitions set out in GS 14-402 apply to the sale, transfer, purchase, or receipt of pistols only. 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. Amends GS 14-408.1 to include assault weapons in the term firearm as it is applies to the statute's provisions regarding soliciting unlawful purchases of firearms and unlawfully providing materially false information regarding the legality of firearms or ammunition transfer.
Effective December 1, 2018, and applies to the sale, giving away, transfer, purchase, or receiving of an assault weapon or long gun on or after that date.
Part IV
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 gunand 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, 2018, and applies to the possession, carrying, sale, offer for sale, giving, or transfer of an assault weapon or long gun on or after that date.
Part V
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 that is 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 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, 2018, and applies to the sale, giving away, transfer, use, or possession of bump stocks, trigger cranks, or other similar devices and instruments added to a firearm by a person other than the manufacturer that is designed to increase the rate of fire achievable by the firearm on or after that date.
Part VI
Appropriates $1,666,489 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to the Department of Public Instruction (DPI) to implement the SPK UP NC anonymous safety tip line application through the Center for Safer Schools on a statewide basis.
Appropriates $365,182 in recurring funds for the 2019-20 fiscal year from the General Fund to DPI to maintain the SPK UP NC anonymous safety tip line.
Part VII
Appropriates the following in nonrecurring funds for the 2018-19 fiscal year from the General Fund for making public safety improvements: (1) $25 million to the State Board of Education (State Board) for grants to local school administrative units, regional schools, charter schools, and laboratory schools; (2) $20 million to the UNC Board of Governors (UNC BOG) for grants to constituent institutions; and (3) $20 million to the State Board of Community Colleges for grants to community colleges. Details the five types of public safety improvement projects the funds may be used for, including (1) the purchase of equipment to provide increased monitoring of facilities, notification to emergency responders, and improved response to life threatening events and (2) training of personnel regarding best practices and procedures for emergency response, public safety risk identification, and related items. Requires each grantor receiving the above appropriations to develop and use criteria and applications when granting funds. Directs the State Board to include need-based considerations as part of its criteria established for granting funds. Specifies that these appropriations are to be used to supplement and not supplant local, other state, and federal funds received for public safety improvements. Requires each entity receiving the appropriations to annually submit a report on or before May 1 to the Joint Legislative Commission on Governmental Operations detailing the number, description, and cost of projects awarded and the number of applications for funding received and the basis upon which projects were evaluated.
Appropriates $7 million in recurring funds for the 2018-19 fiscal year from the General Fund to DPI to be allocated to local school administrative units in amounts sufficient to increase the allotment of funds for school resource officers in public high schools from approximately $38,000 to approximately $50,000.
Appropriates $3 million in recurring funds for the 2018-19 fiscal year from the General Fund to the State Board to use for grants in accordance with Section 8.36 of SL 2013-360 (Appropriations Act of 2013) to employ additional school resource officers in public elementary and middle schools.
Part VIII
Appropriates $40 million in recurring funds to DPI for the 2018-19 fiscal year from the General Fund to increase funding for the Instruction Support Personnel - Certified Allotment, specifically for use by local school administrative units and charter schools for certified school-based instructional support personnel, including nurses, counselors, school psychologists, and social workers. Directs the State Board to ensure at least one full-time employee is allotted to each local administrative unit, with the remaining additional positions allotted based on average daily membership. Provides that the legislature's intent is to employ (1) at least one school psychologist for every 700 students, (2) at least one school counselor for every 250 students, (3) at least one school nurse for every 750 students, and (4) at least one social worker for every 400 students.
Part IX
Appropriates $7 million in recurring funds to DPI for the 2018-19 fiscal year from the General Fund to increase funding to the At-Risk Student Services Allotment, specifically to increase the sum allotted for school resource officers to $50,000 for each high school in a local education agency that receives a principal allotment. Specifies that these funds are to be used to supplement and not supplant local, other state, and federal funds received for costs related to school resource officers.
Appropriates $444,000 in recurring funds to DPI Fund for the 2018-19 fiscal year from the General Fund to be used as grants to local administrative units, regional schools, charter schools, and lab schools in accordance with Section 8.36 of SL 2013-360, which sets out ratios for matching funds from grants to units and schools for school resource officers in elementary and middle schools.
Amends Section 8.36 of SL 2013-360, providing for the matching of state funds to local funds based on the development tier in which the grantee is located, ranging from $4 in State funds for every $1 in local funds for grantees located in a development tier one area to $2 for every $1 in local funds for grantees located in a development tier three area. Also adds lab schools to those that may receive matching funds for school resource officer grants. Effective July 1, 2018, and applies to funds granted on or after that date.
Directs the Center for Safer Schools (Center) to conduct an annual census of school resource officers located in each local education agency and submit an annual report by March 1 summarizing the data compiled and analyzed to the Joint Legislative Education Oversight Committee and the State Board. Details nine components the report must contain, including the total number of resource officers, the funding source of resource officers, and the weapons carried by each resource officer, if any.
Part X
Establishes that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act, and statutes that would be applicable but for this act remain applicable to those prosecutions.
The act is effective July 1, 2018, unless otherwise provided.
H 1071 (2017-2018) ASSISTED SENIORS FINANCIAL PROTECTION ACT. Filed May 31 2018, AN ACT PROVIDING FINANCIAL PROTECTIONS AGAINST UNWARRANTED DISCHARGE AND UNJUSTIFIED INCREASES IN COSTS FOR NORTH CAROLINA SENIORS RESIDING IN ADULT CARE HOMES AND APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, FOR ADDITIONAL POSITIONS TO ENFORCE STATUTORY PROTECTIONS FOR ADULT CARE HOME RESIDENTS.
Amends GS 131D-4.5, requiring the Medical Care Commission to adopt rules establishing guidelines for procedural information that each adult care home must include in a resident's contract with respect to increases in charges or fees associated with changing the level of care provided by the facility. Requires the guidelines to specify how a facility determines changes to levels of care and notifies the resident or the resident's legal representative of the intent to change the level of care resulting in an increase in the resident's charges or fees.
Amends GS 131D-4.8(a), which sets forth reasons an adult care home can initiate discharge of a resident. Modifies current provisions to allow an adult care home to initiate discharge if: (1) the discharge is necessary to protect the welfare of the resident and the adult care home cannot meet the medical needs of the resident as documented by the resident's physician (currently, allows for documentation by the resident's physician assistant or nurse practitioner); (2) the immediate safety of the resident or other individuals in the adult care home is endangered as documented by the adult care home (currently, more generally based on the safety of the resident or other individuals in the adult care home is endangered, with no documentation required); and (3) the immediate health of the resident or other individuals in the adult care home is endangered as documented by a physician, physician assistant, or nurse practitioner (currently, does not specifically concern immediate health). Further amends the statute to increase the time by which the resident, the resident's legal representative, and the individual identified to receive a discharge notice must receive an adult care home's notice of its intent to initiate the discharge of a resident from at least 30 days before discharge to at least 60 days before discharge. Additionally, suspends the running of the 60-day notice period if an adult care home resident or the resident's legal representative elects to appeal a discharge initiated by the adult care home. Suspends the notice period on the date the appeal is filed and resumes the notice period the date the hearing unit issues a decision. Limits suspension of the notice period to no more than once for each discharge determination appealed by a resident.
Appropriates from the General Fund to the Department of Health and Human Services, Division of Health Service Regulation (Division), $90,000 for the 2018-19 fiscal year, with $40,000 used for one full-time equivalent position with the Division dedicated to fulfilling the administrative functions of the Division, and $50,000 used for one full-time equivalent position within the Division dedicated to the Adult Care Licensure Section.
Effective July 1, 2018.
H 1072 (2017-2018) NC ADOPT EQUAL RIGHTS AMENDMENT/FUNDS. Filed May 31 2018, AN ACT TO RATIFY THE EQUAL RIGHTS AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA RELATING TO EQUAL RIGHTS FOR MEN AND WOMEN AND TO APPROPRIATE FUNDS TO EDUCATE THE PUBLIC ABOUT THE PROVISIONS OF THIS ACT.
Identical to S 782 filed on 5/30/18.
Includes several whereas clauses.
Ratifies 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 and its preamble to the Administrator of General Services, the President of the Senate, and the Speaker of the House of the US Congress.
Appropriates $10,000 from the General Fund to the Department of Labor to educate the public about this act.
Effective July 1, 2018.
H 1073 (2017-2018) ESTABLISH ECON. DEV. ENERGY TASK FORCE. Filed May 31 2018, AN ACT TO ESTABLISH THE BLUE RIBBON TASK FORCE ON NATURAL GAS INFRASTRUCTURE AND ACCESS.
Includes whereas clauses.
Establishes the 17-member Blue Ribbon Task Force on Natural Gas Infrastructure and Access (Task Force) to review statutorily established funds available for development of natural gas infrastructure to enhance economic development and to make recommendations on whether funding changes are needed and whether additional funds are needed. Also requires the Task Force to examine any financial barriers to expansion or development of natural gas infrastructure and methods to incentivize extension of natural gas service. Sets out 15 issues that the Task Force must consider, at a minimum, including historic funding levels for the specified funds and historic expenditures from the funds, areas of the State in which additional natural gas infrastructure is needed to promote economic development, whether projects involving the delivery of liquefied natural gas (LNG) should be considered infrastructure to enhance economic development eligible for receipt of moneys from the specified funds or eligible for receipt of moneys from any additional fund that may be recommended for establishment by the Task Force, and whether county governments should be given authority to issue bonds for development of natural gas infrastructure to promote economic development within their jurisdictions.
Sets out Task Force membership requirements, with five members of the House of Representatives recommended by the Speaker and five members of the Senate recommended by the President Pro Tempore of the Senate, with each required to included a member of the minority party.
Provides for the naming of co-chairs and the provision of staff. Provides that if the Task Force contracts for a consultant, the consultant must not be a State employee or under contract with the State to provide services.
Requires the Task Force to consult with the departments of Commerce and Transportation, the Utilities Commission, the Local Government Commission, and the Golden LEAF Foundation.
Allows meetings to begin on or after July 1, 2018. Requires a final report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Joint Legislative Commission on Energy Policy on or before December 1, 2018, by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Commission on Energy Policy, and the Legislative Library. Terminates the Task Force on the earlier of December 1, 2019, or upon the filing of its final report.
Appropriates $10,000 in recurring funds for 2018-19 from the unappropriated balance remaining in the General Fund to support the Task Force.
H 1074 (2017-2018) SCHOOL PSYCHOLOGIST COMPENSATION. Filed May 31 2018, AN ACT TO APPROPRIATE FUNDS TO INCREASE COMPENSATION FOR SCHOOL PSYCHOLOGISTS AND TO ESTABLISH THE SCHOOL PSYCHOLOGIST RECRUITMENT AND RETENTION PROGRAM.
Part I
Establishes that the first step of the salary schedule for school psychologists must be equivalent to the sixth step of the A salary schedule. Adds that school psychologists are to receive $500 per month in addition to their salary, and receive a salary supplement of 10% of their monthly salary, with eligibility to receive salary supplements equivalent to those of teachers for academic preparation at the six-year degree level or the doctoral degree level. Appropriates $4 million in recurring funds from the General Fund for the 2018-19 fiscal year to the Department of Public Instruction (DPI) to provide the described compensation increases for school psychologists.
Part II
Directs the State Board of Education (State Board) to establish the School Psychologists Recruitment and Retention Program (program) to recruit and retain high-quality school psychologists in public schools by providing signing and retention bonuses. Directs the recruitment and retention coordinator, defined as a person at DPI responsible for program administration and under the direct supervision of the Superintendent of Public Instruction, to coordinate with public school units to allocate funds appropriated by the act. Defines public school unit to mean a local school administrative unit, charter school regional school, or school(s) operated or governed by the State Board, UNC, the Department of Health and Human Services, or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Details parameters that must be followed in the allocation of funds and establishes that the recruitment and retention coordinator has discretion over the allocation of funds otherwise. Requires that bonuses be conditioned on the existence of an agreement between the public school unit and the school psychologist and approved by the recruitment and retention coordinator and includes provisions requiring the school psychologist to remain employed in the public school unit for three to five years and return bonus funds to DPI on a prorated basis if he or she does not remain employed for that time period and has not been terminated due to death, reduction in force, or disability. Prohibits individual bonuses from exceeding $10,000. Details unique factors of each public school unit the recruitment and retention coordinator must consider in determining program fund allocation, including the overall impact on student mental health in the public school unit if the funds were provided, and the history of difficulty in recruiting or retaining school psychologists at the public school unit. Requires public school units to agree that program funds will be used to supplement and not supplant local funds for school psychologists before the provision of any program funds by the recruitment and retention coordinator.
Requires the recruitment and retention coordinator to report to the President Pro Tempore, the Speaker, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by September 30, 2018, and every subsequent three months in which program funds are awarded. Requires the report to identify the public school units receiving funds, the amount of funds received, and the purposes for which the funds were used.
Appropriates from the General Fund to DPI for the 2018-19 fiscal year $750,000 in recurring funds to establish and implement the program, and authorizes DPI to use up to $100,000 to establish a new, full-time equivalent recruitment and retention coordinator position at DPI to administer the program.
Part III
Effective July 1, 2018, and applies beginning with the 2018-19 school year.
| Intro. by Horn, Dobson, Lambeth. | APPROP |
H 1075 (2017-2018) RESTORE TEACHING TO AN HONORED PROFESSION. Filed May 31 2018, AN ACT TO REQUIRE THAT NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY BE SELECTED TO PARTICIPATE IN THE NORTH CAROLINA TEACHING FELLOWS PROGRAM AS A CONSTITUENT INSTITUTION DESIGNATED AS A HISTORICALLY BLACK UNIVERSITY, TO REINSTATE EDUCATION-BASED SALARY SUPPLEMENTS FOR CERTAIN SCHOOL EMPLOYEES, TO FUND PROFESSIONAL DEVELOPMENT CONSISTENT WITH THE PROPOSAL OF THE GOVERNOR, AND TO ESTABLISH THE MASTER TEACHER PILOT PROGRAM.
Section 1
Amends GS 116-209.62 to add a sixth institution of higher learning to the North Carolina Teaching Fellows Program, which must be the North Carolina Agricultural and Technical State University (University), selected as a constituent institution designed as a historically black university. Expands the number of institutions whose students will receive forgivable loans to six to include the University. Effective when the act becomes law and applies to award of forgivable loans beginning with the 2019-20 academic year. Makes other clarifying changes.
Section 2
Repeals SL 2013-360, Section 8.22, as amended by SL 2014-100, Section 8.3, which set forth the school personnel who would be paid on the "M" salary schedule. Provides that State Board of Education Policy TCP-A-006, as it was in effect on June 30, 2013, will be used to determine whether teachers and instructional support personnel are paid on the "M" salary schedule and whether they receive a salary supplement for academic preparation at the six-year or doctoral degree level.
Appropriates $8 million in recurring funds for the 2018-19 fiscal year from the General Fund to the Department of Public Instruction to reinstate education-based salary supplements for certain school employees in accordance with this act.
Section 3
Allocates $5 million in nonrecurring funds from the funds appropriated to the Department of Public Instruction (Department) for the 2018-19 fiscal year to fund a new Teacher Professional Development allotment. These funds must be provided to local school administrative units based on the average daily membership of the unit and to charter schools pursuant to GS 115C-218.105(a). Directs the Department to determine the appropriate minimum allotment. These schools are to use these funds for the professional development of teachers.
Section 4
Directs the State Board of Education to establish and coordinate a three-year master teacher pilot program (program) in local school administrative units to be administered by the Superintendent of Public Instruction. The program will continue through the 2020-21 fiscal year. The purpose of the program is to increase student performance, improve instructional practice, elevate effective educators, and ease the administrative burden on principals. A master teacher is defined as a teacher with at least five years of experience, has achieved certain ratings on the most recent teacher evaluation rubric, has made a positive impact on students in the previous school year, and is selected by the school superintendent, not to exceed 10% of all teachers in the local school administrative unit. Restricts the number of schools which may participate based on student body size. Directs the State Board to develop criteria for the program by August 1, 2018. Requires the Department to begin administering the program by January 1, 2019. Participating master teachers must identify an area in which they need improvement, and outline how they will improve in that area. They must lead a group of teachers who are not master teachers in two days of learning rounds. Master teachers will receive an annual salary supplement of $1,000 for the duration of the program.
Appropriates $1,724,986 in nonrecurring funds for the 2018-19 fiscal year from the General Fund to the Department to provide the master teacher's salary supplement.
Except as otherwise provided, effective July 1, 2018.
H 1077 (2017-2018) STATE HIGHWAY PATROL/SALARY INCREASES/FUNDS. Filed May 31 2018, AN ACT APPROPRIATING FUNDS FOR SALARY ADJUSTMENTS FOR MEMBERS OF THE STATE HIGHWAY PATROL.
Appropriates from the General Fund to the Department of Public Safety, State Highway Patrol, the sum of $16 million in recurring funds for the 2018-19 fiscal year to increase the salaries of law enforcement officers serving in the State Highway Patrol.
Effective July 1, 2018.
| Intro. by Burr. | APPROP |
H 1078 (2017-2018) FUND EDUCATIONAL FIELD TRIPS. Filed May 31 2018, AN ACT TO ESTABLISH THE EDUCATIONAL FIELD TRIPS GRANT PROGRAM.
Directs the Superintendent of Public Instruction to establish the Educational Field Trips Grant Program (program) to assist local school administrative units and charter schools in providing off-site educational enrichment experiences to students. Funds appropriated for the program will be used to award matching grants of $1 dollar in State funds for every $1 in non-State funds. Directs the Superintendent to establish the great process by August 15, 2018, and accept grant applications for the first year of the program until October 15, 2018. For subsequent fiscal years in which funds are still available, applications will be accepted until September 15 of each year.
Requires the Superintendent to award funds to schools that will most benefit from the funds and that represent the diverse characteristics of the State, by considering the level of resources available to recipients and their geographic location. Award grants may not exceed $15,000 per grant for in-state field trips and $30,000 per grant for out-of-state field trips.
Appropriates $10 million in recurring funds for the 2018-19 fiscal year from the General Fund to the Department of Public Instruction to fund matching grants for school field trips.
Effective July 1, 2018, and applies to educational field trips beginning with the 2018-19 school year.
| Intro. by Burr. | APPROP |
H 1079 (2017-2018) REPORT MOVIES SHOWN DURING INSTRUCTIONAL TIME. Filed May 31 2018, AN ACT TO REQUIRE LOCAL BOARDS OF EDUCATION TO REPORT MOVIES SHOWN IN SCHOOLS DURING INSTRUCTIONAL TIME.
Requires local boards of education and charter schools to file written reports with the Superintendent of Public Instruction by September 1, 2018, on each movie shown during instructional time during the 2017-18 school year from November through January and from April through June. Specifies information that must be included in the report including the name of the movie, date it was shown, and the instructional purpose. Requires the Superintendent to compile the required information and submit a state level summary to the Joint Legislative Education Oversight Committee by November 15, 2018.
Appropriates from the General Fund to the Department of Instruction $100,000 in nonrecurring funds for 2018-19 for the collection and summarization of the data.
Effective July 31, 2018.
| Intro. by Burr. | APPROP |
H 1081 (2017-2018) TRANSFER OF SCHOOL SUPPORT PERSONNEL FUNDS. Filed May 31 2018, AN ACT TO PROHIBIT THE TRANSFER OF FUNDS ALLOCATED FOR SCHOOL NURSES, SCHOOL PSYCHOLOGISTS, SCHOOL SOCIAL WORKERS, AND SCHOOL RESOURCE OFFICERS UNLESS THEY ARE SENT TO ANOTHER LOCAL BOARD OF EDUCATION FOR THE SAME PURPOSE.
Amends GS 115C-105.25(b), adding subsubdivisions (3c), (3d), (5d), and (5e), collectively forbidding the transfer of funds for instructional support personnel except to fund instructional support personnel in other school administrative units, and forbidding the transfer of funds for school resources officers except to fund school resource officers in other school administrative units. Allows for positions allocated to instructional support personnel to be converted to dollar equivalents at the statewide average salary for instructional support personnel.
Directs the State Board of Education to create a single allotment category for school resource officers from the at-risk allotment, and to move all of these funds to the newly created school resource officers allotment. Directs that funds allocated for school resource officers through the school resource officer grant program established pursuant to SL 2013-360, Section 8.36, are to remain separate.
Appropriates $10 million in recurring funds for the 2018-19 fiscal year from the General Fund to the Department of Public Instruction to be allocated to the at-risk allotment to supplement funds moved out of that allotment pursuant to this act.
Effective when it becomes law, applies beginning in the 2018-19 school year.
The Daily Bulletin: 2018-05-31
PUBLIC/SENATE BILLS
S 486 (2017-2018) THE ELECTIONS SECURITY AND TRANSPARENCY ACT (NEW). Filed Mar 29 2017, AN ACT TO MAKE VARIOUS CHANGES RELATED TO ELECTION LAWS.
House committee substitute deletes all provisions of 1st edition and replaces it with AN ACT TO MAKE VARIOUS CHANGES RELATED TO ELECTION LAWS.
Part 1
Amends GS Chapter 143B, Article 13, Part 4, Subpart D, adding new section GS 143B-968, titled Criminal record checks for employees and contractors of the State Board of Elections and Ethics Enforcement and county directors of elections. Creates procedure for the Department of Public Safety (Department) to provide to the Executive Director of the State Board of Elections and Ethics Enforcement (Director) the criminal history of a current or prospective employee (employee) from the State and National Repositories of Criminal Histories (Repositories). In making a request for criminal history records, the Director must also provide to the Department the fingerprints of the employee and any other identifying information required by the Repositories and the Department. The employee's fingerprints must be forwarded to the State Bureau of Investigation for a search of the State's criminal history record, and the State Bureau of Investigation must forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history check. The Department may charge a fee to cover the cost incurred by the record check, but the fee may not exceed the actual cost of the check. Requires the Director to keep all information obtained pursuant to this check confidential. The information obtained through this process is not public record under GS Chapter 132. Defines current or prospective employee to mean a current or prospective: employee of the State Board or county director of elections, contractor with the State Board or their employee or agent, and any other individual engaged by the State Board who has or will have the capacity to modify elections systems or confidential elections or ethics data.
Amends GS Chapter 143B, Article 13, Part 4, Subpart D, adding new section GS 143B-969, titled Criminal record checks for employees of county boards of elections. Creates identical procedures as above GS for 143B-968 for the county board of elections to request the criminal history of a current or prospective permanent or temporary employee. Criminal history obtained in this manner must be kept confidential to the county board of elections, county director of elections, the State Board, and the Executive Director of the State Board.
Amends GS Chapter 163A, Article 1, adding new section GS 163A-7, titled Criminal history record checks of current and prospective employees of the State Board and county directors of elections. Requires a criminal history check of all current or prospective permanent or temporary employees of the State Board, all current or prospective county directors of elections, and all current or prospective employees of the county board who will have access to the statewide computerized voter registration system, to be conducted by the Department as described in GS 143B-968. Appointment as a precinct official or assistant and employment at a one-stop early voting location will not require a criminal history check, unless that person will have access to the computerized voter registration system. If the criminal history check reveals one or more criminal convictions, this will constitute just cause for terminating or refusing employment. However, the conviction does not automatically prohibit employment. Refusal to consent to a criminal history check, fingerprinting, or providing other information necessary to complete the check will constitute just cause for terminating or refusing employment. Allows for a conditional offer of employment pending the criminal history check.
Amends GS Chapter 163A, Article 16, adding new section GS 163A-778, requiring criminal history record checks of current and prospective employees of county boards of elections, following procedures identical to those used for employees of the State Board as detailed above in GS 163A-7.
Amends GS 163A-774(b), modifying the procedure for appointing a nominee for director of elections to a county board of elections (Director). Requires the Executive Director of the State Board (Executive Director) to decline the appointment of a nominated Director when good cause exists to do so. Allows the Executive Director to delay the appointment for a reasonable time necessary to complete a criminal background check. The Executive Director must apply the standards provided in GS 163A-7 in determining whether to appoint a nominee with a criminal history. If the Executive Director does not appoint the nominee, this decision is final unless it is deferred by the State Board within 10 days of the official date on which it is made. If this occurs, then the State Board will have the final decision on appointment of the director and may require the Executive Director to issue an appointment. If the Executive Director is recused from appointing a Director due to an actual or apparent conflict of interest, the chair and vice-chair of the State Board must designate a member of staff to appoint a Director.
Effective August 1, 2018.
Part II
Includes legislative findings and intent.
Directs the State Board of Elections and Ethics Enforcement (SBEEE) to list the following judicial offices at the end of all partisan offices listed on the general election ballet for the 2018 general election, notwithstanding GS 163A-1114(b)(2): Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the superior courts, and Judges of the district courts. Requires that immediately prior to the placement of these judicial offices on the ballot, the following information must be printed: “No primaries for judicial office were held in 2018. The information listed by each of the following candidates’ names indicates only the candidates’ party affiliation or unaffiliated status on their voter registration at the time they filed to run for office.” Requires ballot order for the above judicial offices to follow SL 2017-214, Section 4(j), except as otherwise provided in this section.
Part III
GS 150B-33(a) requires an administrative law judge (ALJ) to stay a contested action to which an agency is a party if the agency is engaged in other litigation or administrative proceedings with or before a federal agency in which the other litigation or administrative proceedings will determine the agency’s position in the contested case in whole or in part. GS 150B-33(b)(6) authorizes an ALJ to stay the contested action by the agency pending the outcome of the case subject to the preliminary injunction and temporary restraining order provisions set forth in GS 1A-1, Rule 65. Amends GS 150B-45, providing for the State Board of Elections and Ethics Enforcement (SBEEE) to obtain judicial review of the temporary restraining order or preliminary injunction for a stay entered pursuant to GS 150B-33(b)(6) in the superior court of the county where the person aggrieved by the administrative decision resides or in the county where the contested case that resulted in the final decision was filed if a person resides outside the State.
Amends GS 163A-741, mandating that all officers, employees, and agents of a county board of elections give to the SBEEE all information, documents, and data in their possession or ascertainable from their records upon request, including internal investigations or personnel documentation. Additionally requires the county boards of elections to make any county board employee available for interview, as well as produce any equipment, hardware, or software for inspection, upon request of the SBEEE pursuant to an investigation of the administration of election laws, frauds and irregularities in elections in any county, municipality, or special district. Requires the requests to be timely complied with as specified in a request made by any four members of the SBEEE.
Amends GS 153A-98, requiring the production of county employee personnel records to the SBEEE in accordance with GS 163A-741 as amended.
Amends GS 163A-775, concerning the suspension or termination of employment of the county board’s director of elections, providing that the chair or vice-chair of the SBEEE must designate a member of staff to fulfill the duties of the SBEEE Executive Director in the event the Executive Director is recused due to an actual or apparent conflict of interest in rendering a decision regarding a county board’s petition to terminate or suspend the county board’s director of elections.
Amends GS 163A-953, establishing that an individual whose name appeared on the ballot in a primary election preliminary to the general election is prohibited from having that individual’s name placed on the general election ballot as a candidate for a new political party for the same office in that year.
Amends GS 163A-1114(b), providing that the Supreme Court is to be listed before the Court of Appeals on official ballots. Adds that judicial offices are to be listed before district attorneys after other offices in the same class.
Amends GS 163A-1115, establishing that the bond or letter of credit required of vendors supplying voting systems to be maintained in the amount determined by the SBEEE as sufficient for the cost of a new statewide election in the case of defects in the voting system. Further amends the statute, providing that only electronic poll books or ballot duplication systems certified by the SBEEE in accordance with guidelines adopted by the SBEEE or developed and maintained by the SBEEE are permitted for use in elections. Establishes minimum certification requirements for these electronic poll books or ballot duplication systems, requiring a vendor to (1) post a bond or letter of credit to cover damages resulting from defects; (2) provide access to all information required to be placed in escrow pursuant to GS 163A-1118 for review and examination by the SBEEE, the Department of Information Technology, the State chairs of each recognized political party, the purchasing county, and their designated agents as authorized by subdivision (f)(9); (3) quote a statewide uniform price for each unit of equipment; and (4) separately agree with the purchasing county to have the escrow agent turn over the source code to continue use of the software for the contract period in the event the vendor fails to debug, modify, repair, or update the software as agreed or the vendor files bankruptcy or is filed against.
Amends GS 163A-1118 to define voting system to include an electronic poll book or a ballot duplication system.
Further amends GS 163A-1115 to add the following new provisions. Establishes that certification of voting systems under the statute does not constitute a license under GS Chapter 150B (APA). Authorizes the SBEEE to decertify or otherwise halt the use of electronic poll books, appealable only to Wake County superior court. Prohibits any voting system used in an election to be connected to a network. Requires any voting system used in an election that features network connection to have the feature disabled. Specifies network connections include internet, intranet, fax, telephone line, networks established by modem, or any other wired or wireless connection. Makes conforming changes to GS 150B-2.
Amends GS 163A-1388, making it a Class 2 misdemeanor for any person who is not an elections official or who is not otherwise authorized by law to retain a registrant’s signature, full or partial social security number, date of birth, or the identity of the public agency at which the registrant is registered, any email address submitted under Article 17 of GS Chapter 163A, or driver's license number from any voter registration application form after its submission to the county board of elections or elections official. Makes technical changes and makes language gender-neutral. Effective December 1, 2018, and applies to offenses committed on or after that date.
Amends GS 163A-1412 to more specifically require every candidate to appoint a treasurer and report his or her name to the SBEEE if the candidate has received funds or made payments or given consent for anyone else to receive funds or transfer anything of value for the purpose of the candidate’s nomination or election for office. Makes changes to make language gender-neutral.
Amends Section 30.8 of SL 2013-281, as previously amended, decertifying any direct record electronic voting systems which do not use paper ballots and prohibiting their use in any election held on or after December 1, 2019 (currently, prohibits their use in any election held on or after September 1, 2019, for counties that use direct record electronic voting machines on election day as of January 1, 2015, and January 1, 2018, for all other counties). Makes technical change to reflect the creation of the SBEEE, replacing the State Board of Elections. Corrects statutory reference to refer to GS 163A-1115(d) instead of GS 163-165.7(b) regarding appealing decertification to the Wake County Superior Court. Makes conforming changes to the effective date provisions set out in Section 30.9 of SL 2013-281.
Part IV
Amends GS 160A-284, declaring the offices of policeman and chief of police to be offices that can be held concurrently with any elective office other than elective office in the municipality employing the policeman or chief of police pursuant to Article VI, Section 9, of the constitution. Makes organizational changes. Provides that any policeman or chief of police having taken an oath of office to any elective office in the state prior to the date the act becomes law is not deemed to have resigned the position as a law enforcement officer due to the elective office.
Part V
Makes technical changes to GS 163A-2, concerning the membership of the SBEEE.
Part VI
Provides a severability clause.
Part VII
Establishes the act applies to elections held on or after the date the act becomes law.
S 486 (2017-2018) THE ELECTIONS SECURITY AND TRANSPARENCY ACT (NEW). Filed Mar 29 2017, AN ACT TO MAKE VARIOUS CHANGES RELATED TO ELECTION LAWS.
House committee substitute makes the following changes to 2nd edition. Amends GS 163A-778(a) with clarifying change. Amends GS 163A-1115(a)(1), clarifying that the vendor of a voting system must post a performance bond or letter of credit, rather than a bond or letter of credit. Expands the issues which the performance bond or letter of credit must cover to include expenses associated with State or federal decertification of the voting system and protection against the vendor's insolvency or financial inability to make State or federally mandated modifications or updates to the voting system. Clarifies that damages may include the costs of conducting a new county or statewide election. Adds new term that the bond or letter of credit will be maintained in the amount determined by the State Board as sufficient for the cost of a new statewide election, or $10 million, whichever is greater.
S 791 (2017-2018) REVISE MARIJUANA LAWS. Filed May 31 2018, AN ACT TO INCREASE THE AMOUNT OF MARIJUANA THAT MAY BE LEGALLY POSSESSED FOR PERSONAL USE AND TO ALLOW FOR THE EXPUNCTION OF RECORDS RELATED TO CERTAIN CONVICTIONS FOR POSSESSION OF MARIJUANA.
Identical to H 994, filed 5/23/18.
Amends GS 90-95 such that it is no longer unlawful to possess marijuana for personal use in quantities of four ounces or less. Adjusts the penalties for possession of marijuana accordingly: for possession of over four ounces (previously one half of an ounce) the violation is a Class 1 misdemeanor; for possession of over 16 ounces (previously one and one half ounces) the violation is a Class I felony. Applies to offenses committed on or after July 1, 2018.
Amends GS Chapter 15A, Article 5, adding new section GS 15A-145.7, which allows for expunction of criminal records for violations for possession of less than four ounces of marijuana. A person convicted of such a violation may file a petition in the court of the county where they were convicted for expunction of the offense from the person's criminal record and any other official record containing an entry relating to the person's apprehension, charge, trial, or conviction. The court must hold a hearing on the petition, on notice to the district attorney, to determine if the violation involved possession of less than four ounces of marijuana. If so, the court must order the expunction from the Administrative Office of the Courts and all law enforcement agencies. Any other applicable State or local government agency must also expunge the violation from their records. The agencies must also reverse any administrative actions taken against a person as a result of the violation when their record is so expunged. The Department of Justice, State DNA Database, and State DNA Databank need not expunge their records. A person filing for expunction under this section must pay a $100 fee at filing, to be deposited into the General Fund. An indigent person need not pay this fee. A person who has obtained such an expunction order cannot be held to be guilty of perjury or giving a false statement for failure to state or acknowledge any of the expunged entries. Effective July 1, 2018.
S 792 (2017-2018) APPRENTICESHIP/CLINICAL FUNDS/CERTAIN SCHOOLS. Filed May 31 2018, AN ACT TO APPROPRIATE FUNDS TO CERTAIN COMMUNITY COLLEGES AND CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA TO OFFER APPRENTICESHIP PROGRAMS, INTERNSHIPS, AND CLINICAL PRACTICE PROGRAMS LEADING TO CERTIFICATION AND LICENSURE IN CERTAIN TOP GROWING CAREER AREAS.
Appropriates from the General Fund to the Community College Systems Office $600,000 for the 2018-19 fiscal year to be allocated in the amount of $75,000 each to Beaufort County Community College, College of The Albermarle, Edgecombe Community College, Halifax Community College, Martin Community College, Roanoke-Chowan Community College, Vance-Granville Community College, and Wilson Community College. Specifies that the funds are to be used to establish or expand upon federally recognized, registered apprenticeship programs leading to industry certification or licensure as solar photovoltaic installers, wind turbine service technicians, home health aides, personal care aides, physical therapist assistants, and software and application developers.
Appropriates from the General Fund to the UNC Board of Governors (BOG) $200,000 for the 2018-19 fiscal year to be allocated to Elizabeth City State University. Specifies the funds are to be used to establish or expand upon registered apprenticeship, internship, and clinical programs leading to certification or licensure as wind turbine service technicians, mathematicians, and statisticians.
Appropriates from the General Fund to the BOG $200,000 for the 2018-19 fiscal year to be allocated to East Carolina University to establish or expand upon registered apprenticeship, internship, and clinical programs leading to certification or licensure as physician assistants, nurse practitioners, and physical therapist assistants.
Effective July 1, 2018.
| Intro. by Smith, Fitch, J. Jackson. | APPROP |
S 793 (2017-2018) SCHOOL NURSES REFORM. Filed May 31 2018, AN ACT TO DIRECT THE STATE BOARD OF EDUCATION TO RECOMMEND A SCHOOL NURSE STAFFING STANDARD AND DEVELOP AN IMPLEMENTATION PLAN TO MEET THAT STANDARD, TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC INSTRUCTION TO DEVELOP A PLAN TO CONSOLIDATE CERTAIN SCHOOL-BASED NURSING FUNDING PROGRAMS, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EXAMINE MEDICAID RATES FOR SCHOOL-BASED NURSING SERVICES, AND TO ESTABLISH MEDICAID REIMBURSEMENT FOR SCHOOL-BASED NURSING SERVICES DOCUMENTED ON 504 PLANS AND INDIVIDUAL HEALTH PLANS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Directs the State Board of Education (Board) to study school-based nursing services provided in the state in consultation with the Department of Health and Human Services (DHHS) and the Department of Public Instruction (DPI). Requires the Board to submit a report containing a recommended staffing standard, and a plan for its implementation, of school nurses to student or student populations considered necessary to meet the health needs of students to the Joint Legislative Education Oversight Committee and the Joint Legislative Education Oversight Committee on Health and Human Services no later than January 15, 2020. Details seven components the report must contain, including: (1) the prevalence and effect of permitting unlicensed assistive personnel to provide student care in the absence of a nurse, (2) the school-based nursing staffing standard currently recommended by the National Association of School Nurses, and (3) an estimate amount of state funding needed to implement the recommend staffing standard.
Directs DHHS and DPI to jointly develop a proposed plan to (1) consolidate the School Nurse Funding Initiative and funding for school-based nursing services through the Child and Family Support Team Initiative into a single program based on an acuity model and (2) allocated funds for school-based nursing services from the consolidated program beginning with the 2020-21 fiscal year. Requires DHHS and DPI to submit the proposed consolidation plan to the Joint Legislative Education Oversight Committee and the Joint Legislative Education Oversight Committee on Health and Human Services no later than May 1, 2020. Prohibits DHHS and DPI from implementing the proposed consolidation plan except as directed by the General Assembly. Details six components that must be included in the consolidated plan, including a memorandum of understanding between DHHS and DPI regarding communication and oversight of the consolidated program and an estimate of the frequency with which the state should reevaluate the allocation of funding for school-based nursing services based on the statewide acuity model.
Requires DHHS to report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice and the Fiscal Research Division no later than December 1, 2018, regarding the results of an examination of the rates paid for school-based nursing services provided to Medicaid recipients. Requires DHHS to consult with the Division of Public Health School Health Consultant Team, DPI, and representatives from Local Education Agencies. Requires DHHS to consider an increase in Medicaid rates for school-based nursing services and the effect of such a rate increase.
Directs DHHS to submit any State Plan amendment or any waiver to the Centers for Medicare and Medicaid Services (CMS) no later than October 1, 2018, necessary to establish Medicaid reimbursement for school-based nursing services documented on a recipient's 504 Plan or Individual Health Plan. Directs DHHS to report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice and the Fiscal Research Division no later than December 1, 2018, regarding the status of any State Plan amendment submitted to CMS under this provision.
| Intro. by Tarte, Edwards, Waddell. | STUDY |
S 794 (2017-2018) HATE CRIMES PREVENTION ACT. Filed May 31 2018, AN ACT TO INCREASE THE SCOPE AND PUNISHMENT OF HATE CRIMES; TO REQUIRE THE STATE BUREAU OF INVESTIGATION TO CREATE AND MAINTAIN A HATE CRIMES STATISTICS DATABASE; TO REQUIRE THE NORTH CAROLINA JUSTICE ACADEMY TO DEVELOP AND PROVIDE LAW ENFORCEMENT OFFICERS WITH TRAINING ON IDENTIFYING, RESPONDING TO, AND REPORTING HATE CRIMES; AND TO REQUIRE THE CONFERENCE OF DISTRICT ATTORNEYS OF NORTH CAROLINA TO DEVELOP AND PROVIDE TRAINING TO PROSECUTORS ON HOW TO PROSECUTE HATE CRIMES.
Part I
Entitles this act “The Hate Crimes Prevention Act.”
Part II
Amends GS 14-3 by expanding the categories under which a crime will be elevated to a higher level offense as a hate crime under subsection (c) to include crimes committed because of the victim’s ethnicity, gender, gender identity, gender expression, disability, or sexual orientation. Class 2 or Class 3 misdemeanors committed for these reasons will be elevated to a Class 1 misdemeanor. Class A1 or Class 1 misdemeanors committed for these reasons will be elevated to a Class H felony. Adds new subsection (d), permitting the victim of a hate crime as defined in subsection (c) or an immediate family member of the victim to obtain appropriate relief from the offender in a civil action in any court of competent jurisdiction, including actual damages, punitive damages, reasonable attorneys’ fees, and any other litigation costs reasonably incurred. Actual damages under this subsection includes damages for emotional distress. Makes conforming changes to the statute's caption.Amends GS 14-401.14, changing the title from ethnic intimidation to “Intimidation by hate crime; teaching any technique to be used in the commission of a hate crime.” Expands the categories covering hate crime identical to the above changes to GS 14-3. Adds new subsection (c), allowing for the victim of a hate crime or their family to seek civil damages, identical to the above changes to GS 14-3. Includes gender-neutral pronoun change.
Amends GS 15A-1340.16(d)(17), expanding the definition of an aggravating factor identical to the above definition of hate crime.
Amends GS Chapter 14, Article 8, adding new GS 14-34.11, titled “Felonious assault as a hate crime.” Creates the crime felonious assault as a hate crime, defined as assaulting or attempting to assault a person and inflicting serious bodily injury because of the actual or perceived race, ethnicity, color, religion, nationality, country of origin, gender, gender identity, gender expression, disability, or sexual orientation of that person. Punishable as a Class F felony, elevated to a Class E felony if death results from the offense, or the offense includes the commission or attempted commission of kidnapping, first or second degree forcible rape, or first or second degree forcible sexual offense. Forbids introducing substantive evidence of expressions or associations of the accused at trial unless the evidence specifically relates to the crime charged under this statute. Permits the victim of a hate crime or their family to seek civil damages, identical to the above changes to GS 14-3. Defines gender identity as actual or perceived gender-related characteristics.
This Part becomes effective December 1, 2018, and applies to offenses committed on or after that date.
Part III
Amends GS Chapter 143B, Article 13, enacting new GS 143B-907, titled “Hate crime statistics.” Directs the State Bureau of Investigation (SBI) to collect, analyze, and disseminate information regarding the commission of offenses punishable under GS 14-3(c), 14-401.14, or 14.34.11. This information must include the total number of offenses committed for each type, identifying characteristics of the offender and victim from each offense, and the disposition of each offense. Requires all State and local law enforcement agencies to report monthly to the SBI on offenses committed in their jurisdiction that meet the criteria for a hate crime. Requires the SBI to report to the General Assembly on a yearly basis on the information gathered. The SBI must also publish this report on its website. Requires the SBI to share any information collected under this section upon request of any local law enforcement agency, unit of local government, or State agency. Effective January 1, 2020.
Directs the SBI to develop guidelines for the information on hate crimes required to be submitted by local law enforcement agencies. Requires the first report by the SBI to the General Assembly to be submitted by January 15, 2021.
Appropriates $1.89 million in nonrecurring funds for the 2019-20 fiscal year from the General Fund to the SBI to cover any costs incurred in establishing the hate crime statistics database. Appropriates $530,000 in recurring funds for the 2019-20 fiscal year from the General Fund to the SBI to hire an additional employee to manage the database.
Effective July 1, 2019.
Part IV
Amends GS 17D-2(c), adding new subdivision (5), requiring the North Carolina Justice Academy to develop and provide training to law enforcement officers on how to identify, respond to, and report hate crimes.
Amends GS 17C-6(a) and GS 17E-4(a), requiring the minimum educational, training, in-service training, and continuing education standards for criminal justice officers and sheriffs established by the Training Standards Commission to include education and training on how to identify, respond to, and report a hate crime.
Appropriates $89,547 in recurring funds for the 2019-20 fiscal year from the General Fund to the Department of Justice to hire an additional employee to provide the training required above.
Effective July 1, 2019.
Part V
Amends GS 7A-413 to add new subsection (c), requiring the Conference of District Attorneys to develop and provide training to prosecutors on prosecuting hate crimes.
Appropriates $89,547 in recurring funds for the 2019-20 fiscal year from the General Fund to the Conference of District Attorneys to hire an additional employee to provide training on prosecuting hate crimes.
Effective July 1, 2019.
Part VI
Except as otherwise provided, this act is effective when it becomes law.
S 795 (2017-2018) EXPAND EXTENDED LEARN/STUDENT SUPPORT GRANTS. Filed May 31 2018, AN ACT TO APPROPRIATE FUNDS TO EXPAND THE EXTENDED LEARNING AND INTEGRATED STUDENT SUPPORTS COMPETITIVE GRANT PROGRAM.
Amends SL 2017-57 to allow the Department of Public Instruction (DPI) to use up to $200,000 of the funds allocated to the Extended Learning and Integrated Student Supports Competitive Grant Program (Program) (was, of the funds appropriated for the At-Risk Student Services Alternative School Allotment for 2017-19) to administer the Program.
Appropriates from the General Fund to DPI for 2018-19 $6 million in nonrecurring funds to expand the Program.
Effective July 1, 2018, applies to grant applications submitted on or after that date.
| Intro. by Chaudhuri, Smith, D. Davis. | APPROP |
S 796 (2017-2018) FUNDS FOR RAIL RELOCATION STUDY. Filed May 31 2018, AN ACT TO APPROPRIATE FUNDS FOR THE COMPLETION OF FURTHER ENGINEERING AND ENVIRONMENTAL STUDIES FOR THE WILMINGTON RAIL RELOCATION PORT ACCESS PROJECT.
Appropriates $500,000 in nonrecurring funds from the General Fund to the City of Wilmington for the completion of further engineering and environmental studies of the relocation of freight rail access to the Port of Wilmington from the current route through the City of Wilmington to the west side of the Cape Fear River. Effective July 1, 2018.
| Intro. by Lee. | APPROP, New Hanover |
S 797 (2017-2018) DISTRICT COURT 25 - BURKE/CALDWELL/CATAWBA. Filed May 31 2018, AN ACT TO ALIGN THE DISTRICT COURT AND PROSECUTORIAL DISTRICTS TO THE SUPERIOR COURT DISTRICTS IN DISTRICT 25.
Amends GS 7A-133 to divide district court judicial District 25, consisting of Burke, Caldwell, and Catawba counties, into new District 25A, consisting of Burke and Caldwell counties, and new District 25B, consisting of Catawba County. Increases the total number of judges for the three counties now divided in two separate districts, from 9 to 10, with 2 judges allotted to new District 25A and 8 judges allotted to new District 25B. Requires that, upon each of the first three district court judgeship vacancies occurring in new District 25B due to death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of Section 1 to be filled according to law; however, at the next general election held for that judgeship, limits candidacy for that judgeship to only persons who reside in District 25A, as enacted, and requires any associated primary to be held accordingly. Requires that, upon each of the first three district court judgeship vacancies occurring in new District 25B due to the death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of Section 1, the Director of the Administrative Office of the Courts must provide written notice of the vacancy to the State Board of Elections and Ethics Enforcement (SBEEE) and to the Revisor of Statutes. Further requires the SBEEE to ensure that only persons who reside in new District 25A, as enacted, can file as candidates for the judgeship at the next general election held for that judgeship. Directs the Revisor of Statutes to revise GS 7A-133(a) to reflect the changed number of judges in Districts 25A and 25B as described above, resulting in five judges each to serve in Districts 25A and 25B. Further directs the Revisor of Statutes to revise the language of the statute on January 15, 2030, to reflect that five judges each serve in Districts 25A and 25B if the provisions of Section 1 have not resulted in the modification of the statute accordingly, in order for the 2030 elections to be held according to the revised statute. Specifies that the additional judge in District 25A is to take office on January 1, 2021, with an election in 2020 to be held accordingly.
Amends GS 7A-60, to divide prosecutorial District 36, consisting of Burke, Caldwell, and Catawba counties, into new District 36A, consisting of Burke and Caldwell counties, and new District 36B, consisting of Catawba County. Divides the allotted full-time assistant district attorneys for current District 36, providing for 10 attorneys for new District 36A and 9 attorneys for new District 36B. Effective January 1, 2023, with an election in 2022 to be held accordingly.
S 798 (2017-2018) ESTABLISH BIRTH CENTER LICENSURE ACT. Filed May 31 2018, AN ACT ESTABLISHING LICENSING REQUIREMENTS FOR BIRTH CENTERS.
Enacts new Part 4A to Article 6 of GS Chapter 131E, titled the Birth Center Licensure Act (Act).
Sets out the purpose of the Act and defined terms. Prohibits the establishment or operation of a birth center in the state without first obtaining a license from the Department of Health and Human Services (DHHS) pursuant to new Part 4A. Defines birth center as a facility licensed for the primary purpose of performing normal, uncomplicated deliveries that is not a birth center or attached to a birth center, and where births are planned to occur away from the mother's usual residence following a low-risk pregnancy, as that term is defined. Requires DHHS to provide applications for licensure and details the information required to be included in applications. Directs DHHS to issue a license if it finds the applicant is in compliance with the provisions of Part 4A and any rules adopted by the NC Medical Care Commission (Commission). Provides that the license is valid for one year and is required to designate the number and types of beds and the number of operating rooms on the licensed premises. Establishes a $100 nonrefundable annual license fee. Provides for license renewal by DHHS pursuant to rules adopted by the Commission. Establishes that a license is not transferable or assignable except with written approval of DHHS. Requires operators to post the license on the licensed premises in an area accessible to the public.
Authorizes the denial, suspension, or revocation of a license for substantial failure to comply with the provisions of Part 4A or rules adopted by the Commission. Provides three factors the DHHS Secretary must consider in determining whether to suspend admissions when the birth center's conditions are dangerous to the health or safety of the patients, including whether all other reasonable means of correcting the problem have been exhausted and no less restrictive alternative to suspension of admissions exists. Provides for a birth center to contest any adverse action on its license in accordance with GS Chapter 150B (APA).
Prohibits a licensed birth center from representing or providing services outside of the scope the license. Sets the following limitations on services at a licensed birth center: (1) surgical procedures must be limited to those normally accomplished during an uncomplicated birth, (2) no abortions can be performed, and (3) no general or conduction anesthesia can be performed.
Directs DHHS to inspect birth centers as it deems necessary and requires all licensed birth centers be subject to DHHS inspections at all times. Provides for access to licensed premises by authorized DHHS representatives. Makes it unlawful for any person to resist proper entry by authorized DHHS representatives upon premises other than a private dwelling. Prohibits those representatives from endangering the health or well-being of any patient being treated in the birth center by his or her entry onto the premises. Grants DHHS the authority to investigate birth centers in the same manner as it investigates hospitals under GS 131E-80(d). Permits public disclosure of information received by the Commission or DHHS through filed reports, license applications, or inspection required or authorized by new Part 4 except where disclosure would violate physician-patient confidentiality. Prohibits disclosure from identifying the patient involved without permission of the patient or court order.
Requires the Commission to adopt rules necessary to implement new Part 4, including the standards for licensure. Mandates that the licensing standards include: (1) a requirement that the birth center obtain and maintain accreditation with the Commission for the Accreditation of Birth Centers or another nationally recognized organization that accredits birth centers, with requiring licensed birth centers to immediately notify DHHS upon loss of its accreditation and (2) a requirement that the birth center establish procedures specifying the criteria by which each woman's risk status will be evaluated at admission and during labor. Requires DHHS to enforce the provisions of new Part 4 and any rules adopted by the Commission.
Effective January 1, 2019.
| Intro. by Hise. | GS 131E |
S 799 (2017-2018) "ORDER OF THE EASTERN STAR, PHA" PLATE. Filed May 31 2018, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO PRODUCE AN "ORDER OF THE EASTERN STAR PRINCE HALL AFFILIATED" SPECIAL REGISTRATION PLATE.
Enacts a new subsubsection to GS 20-79.4(b), creating an "Order of the Eastern Star Prince Hall Affiliated" registration plate. Establishes a special plate fee of $20 and requires $10 of that amount be transferred quarterly to the the Most Wonderful Grand Lodge of North Carolina, PHA.
Authorizes the Revisor of Statutes to reorganize the special registration plates listed in GS 20-79.4(b).
Effective July 1, 2018.
| Intro. by Foushee, Lowe, Fitch. | GS 20 |
S 800 (2017-2018) ACTUALLY DRAIN THE SWAMP. Filed May 31 2018, AN ACT TO RESTORE CONFIDENCE IN GOVERNMENT BY AMENDING THE CONSTITUTION OF NORTH CAROLINA TO ESTABLISH AN INDEPENDENT REDISTRICTING COMMISSION, REENACTING LEGISLATION THAT ESTABLISHED A NONPARTISAN METHOD OF ELECTING SUPREME COURT JUSTICES AND COURT OF APPEALS JUDGES BEGINNING 2020, REENACTING THE PUBLIC FINANCING FUND FOR VARIOUS JUDICIAL CAMPAIGNS, EXTENDING THE WAITING PERIOD FOR FORMER LEGISLATORS WHO BECOME LOBBYISTS, MODERNIZING THE VOTER REGISTRATION PROCESS ESTABLISHING THE FAIR ELECTIONS PROGRAM, INCREASING TRANSPARENCY IN THE LEGISLATIVE PROCESS BY REQUIRING FORTY-EIGHT HOURS NOTICE OF MEETINGS OF ALL LEGISLATIVE COMMITTEES, AND DIRECTING THE LEGISLATIVE SERVICES OFFICER TO DEVELOP A PLAN TO PROVIDE LIVE VIDEO AND AUDIO STREAMING OF ALL MEETINGS OF LEGISLATIVE COMMITTEES AND COMMISSIONS MEETING IN THE LEGISLATIVE COMPLEX.
To be summarized.
S 801 (2017-2018) REVOKE CONSENT/INTERCOURSE & SEXUAL ACTS. Filed May 31 2018, AN ACT TO PROVIDE THAT A PERSON WHO CONTINUES TO ENGAGE IN INTERCOURSE OR A SEXUAL ACT AFTER CONSENT IS WITHDRAWN IS DEEMED TO HAVE COMMITTED THE ACT OF INTERCOURSE OR SEXUAL ACT BY FORCE AND AGAINST THE WILL OF THE OTHER PERSON AND TO INCREASE THE AMOUNT OF STATE FUNDS APPROPRIATED TO THE SEXUAL ASSAULT AND RAPE CRISIS CENTER FUND.
Amends GS Chapter 14, Article 7B, adding new section GS 14-27.37, titled "Withdrawal of consent." Provides that a person who initially consents to vaginal intercourse or to a sexual act can withdraw that consent at any time during the course of that sexual act, and that a defendant who continues the vaginal intercourse or sexual act after consent is withdrawn is deemed to have committed that act by force and against the will of the other person. Requires that withdrawal of consent must be clearly communicated in a way that a person knows or should reasonably know consent was withdrawn. Effective December 1, 2018, and applies to offenses committed on or after that date.
Increases the amount of funds appropriated from the General Fund to the Sexual Assault and Rape Crisis Center Fund to $3 million in recurring funds beginning in the 2018-19 fiscal year, to be used in accordance with the provisions of GS 143B-480.20. Effective July 1, 2018.
Provides that the provisions of GS 143C-5-2, defining the order of appropriations bills, does not apply to this act.
The Daily Bulletin: 2018-05-31
LOCAL/HOUSE BILLS
H 514 (2017-2018) PERMIT MUNICIPAL CHARTER SCHOOL/CERTAIN TOWNS. Filed Mar 28 2017, AN ACT TO PERMIT CERTAIN TOWNS TO OPERATE CHARTER SCHOOLS.
Senate committee substitute makes technical changes to the 3rd edition.
| Intro. by Brawley. | Mecklenburg, Union |
H 1057 (2017-2018) RED SPRINGS CHARTER AMENDMENT. Filed May 31 2018, AN ACT AMENDING THE CHARTER OF THE TOWN OF RED SPRINGS TO AUTHORIZE THE BOARD OF COMMISSIONERS TO FIX ITS COMPENSATION AND THE COMPENSATION OF THE MAYOR IN THE MANNER PROVIDED FOR BY GENERAL LAW AND MAKING CONFORMING CHANGES REQUIRED BY PRIOR GENERAL OR LOCAL LAWS.
Modifies the charter of the Town of Red Springs (Town) set forth in SL 1949-1252, as previously amended. Extends the term of office for members of the board of commissioners from two to four years. Eliminates the provision requiring the terms of office for the commissioners to begin on the first day of July following their election. Establishes a term of two years for the mayor, with the mayor serving until his or her successor is elected or qualified. Mandates that the office of mayor or commissioner is immediately vacated if the mayor or any commissioner ceases to possess the qualifications set out in the charter or the qualifications set out in Article VI of the constitution (currently, disqualified conviction of a crime involving moral turpitude instead of being disqualified by Article VI). Eliminates the provisions specifying the salaries of the mayor and commissioners and prohibiting authorized ordinances which fix or change these salaries from becoming effective during the current term of office of the board. Instead, authorizes the board of commissioners to fix its own compensation and the compensation of the mayor, as well as any other elected officers of the town as authorized in GS 160A-64. Prohibits the board from fixing the compensation above the average compensation for mayors or commissioners included in the most recent annual survey of municipal salaries for towns with a population of 2,500 to 5,000 published by the NC League of Municipalities.
H 1058 (2017-2018) DISSOLVE AIRPORT COMMISSION OF FORSYTH COUNTY. Filed May 31 2018, AN ACT TO AUTHORIZE THE AIRPORT COMMISSION OF FORSYTH COUNTY TO CONVEY ALL OF THE REAL AND PERSONAL PROPERTY OF THE AIRPORT COMMISSION TO AN ENTITY ESTABLISHED BY FORSYTH COUNTY AND TO DISSOLVE THE AIRPORT COMMISSION.
Authorizes the Forsyth County Board of Commissioners (Board) to establish an entity to replace the Airport Commission of Forsyth County (Commission), established by SL 1949-610, on or before June 30, 2019.
Requires the Commission to release, quitclaim, and convey all real and personal property held, owned, leased, or managed by the Commission to the replacement entity without consideration within 60 days of its establishment. Directs the replacement entity to assume all of the Commission's contracts, liabilities, and obligations upon completion of the property transfer.
Abolishes the Commission and repeals SL 1949-610, as amended, upon completion of the property transfer.
| Intro. by Conrad, Hanes, Terry, Lambeth. | Forsyth |
H 1076 (2017-2018) ALAMANCE/GUILFORD BOUNDARY LINE. Filed May 31 2018, AN ACT TO ENABLE THE TRANSITION OF PROPERTIES OF THE AREA ALONG THE COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND GUILFORD COUNTY DUE TO THE 2008 NORTH CAROLINA GEODETIC SURVEY THAT DEPICTED AND MONUMENTED THE HISTORIC ALAMANCE/GUILFORD COUNTY BOUNDARY LINE, AS DESCRIBED IN THE 1849 SURVEY ESTABLISHING GUILFORD COUNTY.
Recognizes and ratifies the boundary line set out in the resurvey of the line conducted by the North Carolina Geodetic Survey (NCGS) in 2008 (2008 survey) as the true and accurate boundary for Guilford County and Alamance County. Directs the NCGS to submit the survey plat denoting the location of the reestablished Alamance/Guilford boundary line to the Register of Deeds in both counties and the Office of the Secretary of State no later than September 1, 2018.
Provides that all papers, documents, and instruments required or permitted to be filed or registered involving resident and property in areas affected by the 2008 survey must be recorded in the county in which the property is situated as shown in the 2008 survey on or after July 1, 2018.
Provides that all public records related to residents and property located in areas affected by the 2008 survey that were filed prior to July 1, 2018, in the adjoining counties will remain in those respective adjoining counties where filed or recorded. Further provides that the records are valid public records as to the property and persons involved even though they are recorded in an adjoining county that is a county in which the property is no longer located as evidenced by the 2008 survey.
Provides that all real and personal property affected by the 2008 survey that was subject to ad valorem taxation on January 1, 2019, will be subject to ad valorem taxes in the county to which the property is reassigned as a result of the 2008 survey for the fiscal year beginning July 1, 2019. Provides for the assessment and taxation of real and personal property affected by the 2008 survey on or after July 1, 2019, including requiring both county tax administrators to provide one another with an accounting of taxes paid and unpaid from 2007 to 2018 for all parcels affected by the 2008 survey and abate, extinguish, or prorate outstanding tax bills as specified.
Prohibits any cause of action involving persons or property located in areas affected by the 2008 survey that are pending on July 1, 2018, from being abated. Prohibits maintaining a defense to a criminal act alleging lack of jurisdiction due to any act or failure to act related to the adjustment of the boundary line by the 2008 survey.
Requires each county's board of elections to immediately transfer voter registration records after July 1, 2018, concerning persons residing in areas affected by the 2008 survey. Establishes that those transferred registered voters are thereafter validly registered to vote in the adjoining county.
Directs the Jury Commission of each county to revise its jury lists regarding those persons subject to jury duty who reside in areas affected by the 2008 survey, with the revised lists becoming effective July 1, 2018.
Transfers the areas affected into the appropriate superior court, district court, and prosecutorial districts.
Directs the boards of education of each county to cooperate to ensure that a transition is made that provides students affected by the 2008 survey with school choice to remain in their current school system until graduation from high school.
Permits any child who is a resident of any property affected by the 2008 survey on January 1, 2018, and who is a student in the Alamance County school system during the 2018-19 school year, and siblings of such student provided a choice to remain in their current school system until graduation from high school as described above, to attend school in the Alamance County school system without necessity of a release or payment of tuition. Establishes that any such student will be considered a resident of Alamance for all public school purposes. Requires notice be given to all affected school systems by the parent or guardian in order to exercise this privilege. Grants identical privileges to a child who is a resident of any property affected by the 2008 survey on January 1, 2018, and who is a student in the Guilford County school system during the 2018-19 school year, and the siblings of any such student provided a choice to remain in their current school system until graduation from high school.
Provides immunity from liability for Alamance County and Orange County (appears to intend Guilford County), and their officials, employees, and agents for any damages, costs, fees, or fines, or for any recommendation, act, failure to act, or conduct related to the provisions of the act and/or the adoption of a fixed boundary line separating the two counties.
Effective January 1, 2018.
| Intro. by Hardister, Ross, Quick, Brockman. | UNCODIFIED, Alamance, Guilford |
H 1080 (2017-2018) GUILFORD CO. ANIMAL CONTROL RECORDS. Filed May 31 2018, AN ACT RELATING TO THE RELEASE OF ANIMAL SERVICES RECORDS IN GUILFORD COUNTY AND AUTHORIZING THE CITY OF GREENSBORO TO DISCLOSE LIMITED PERSONNEL INFORMATION CONCERNING THE DISPOSITION OF DISCIPLINARY CHARGES AGAINST A POLICE OFFICER TO THE CRIMINAL JUSTICE ADVISORY COMMISSION AND ITS SUBCOMMITTEE, THE POLICE COMMUNITY REVIEW BOARD, DESIGNATED BY THE CITY COUNCIL TO PROVIDE CITIZEN REVIEW OF THE POLICE DISCIPLINARY PROCESS.
Applicable to Guilford County only, enacts GS 132-1.15 to exclude from public records personally identifiable information held by the county animal services agency related to an individual who has voluntarily surrendered ownership of an animal to an animal shelter or an individual who has adopted or is fostering a shelter animal. Makes the name of the animal rescue organization with which the county animal control service places an animal a public record. Allows for the disclosure or nondisclosure of information that is not a public record at the county's discretion.
| Intro. by Hardister, Blust, Brockman, Quick. | Guilford |
The Daily Bulletin: 2018-05-31
ACTIONS ON BILLS
Actions on Bills: 2018-05-31
PUBLIC BILLS
H 28: DOT/ACCESS OF MOTORCYCLISTS.
Senate: Withdrawn From Com
Senate: Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate
H 223: SPECIAL PLATES/HANDICAPPED PLACARD RENEWAL. (NEW)
Senate: Withdrawn From Com
Senate: Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate
H 414: SWAIN COUNTY/OFFICIAL FLY FISHING MUSEUM (NEW).
Senate: Withdrawn From Com
Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
H 529: AMEND FUNERAL LAWS.
House: Withdrawn From Com
House: Re-ref Com On Finance
House: Withdrawn From Com
House: Re-ref Com On Finance
H 613: TRANSFER CERTAIN STATE PROPERTY. (NEW)
Senate: Withdrawn From Com
Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
H 717: JUDICIAL ELECTIONS CHANGES. (NEW)
Senate: Withdrawn From Com
Senate: Re-ref to Select Committee on Elections. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Select Committee on Elections. If fav, re-ref to Rules and Operations of the Senate
H 810: LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES. (NEW)
Senate: Withdrawn From Com
Senate: Ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate
H 931: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Ruled Material
House: Placed On Cal For 06/01/2018
H 935: ADD PIEDMONT COMMUNITY CHARTER SCHOOL TO SHP.
House: Reptd Fav
House: Re-ref Com On State and Local Government II
H 938: VARIOUS SCHOOL SAFETY CHANGES. (NEW)
House: Placed On Cal For 06/01/2018
H 948: BUILDING CODE REGULATORY REFORM.
House: Reptd Fav Com Sub 2
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 977: ADMIN. CHANGES RET. SYSTEM/TREASURER - 2018.-AB
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
H 985: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2018.-AB
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
H 1030: UNC-CHAPEL HILL/MONUMENT RELOCATION.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 1031: LOCAL ED. FUNDING DISPUTE PROCESS.
House: Passed 1st Reading
House: Ref to the Com on Judiciary I, if favorable, State and Local Government II
H 1032: "ALPHA PHI ALPHA FRATERNITY" SPECIAL PLATE.
House: Passed 1st Reading
House: Ref to the Com on Transportation, if favorable, Finance
H 1033: MONITOR STATE AGENCY SPANS OF CONTROL/PED.
House: Passed 1st Reading
House: Ref to the Com on State Personnel, if favorable, State and Local Government II
H 1034: FUNDS FOR SMART START HEALTHY DEV. INITIATIVE.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Appropriations
H 1035: COLLEGE OF THE ALBEMARLE/DARE COUNTY.
House: Passed 1st Reading
House: Ref to the Com on Education - Community Colleges, if favorable, Appropriations
H 1036: PED LOTTERY RECOMMENDATIONS.
House: Passed 1st Reading
House: Ref to the Com on Judiciary I, if favorable, Education - K-12
H 1037: VARIOUS JUDICIAL DISTRICTS CHANGES (NEW).
House: Passed 1st Reading
House: Ref To Com On Judiciary I
House: Passed 1st Reading
House: Ref To Com On Judiciary I
H 1038: HEALTHY MOTHER & CHILD/SHACKLING PROHIBITION.
House: Passed 1st Reading
House: Ref to the Com on Judiciary I, if favorable, Appropriations
H 1039: SCHOOL SELF-DEFENSE ACT.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 1040: AMEND SUM EJECT SERVICE/ALLOW PROCESS SERVER.
House: Passed 1st Reading
House: Ref To Com On Judiciary III
H 1041: VIPER - SURVEY/OUTREACH/IN-KIND CONTRIBUTIONS.
House: Passed 1st Reading
House: Ref To Com On Judiciary I
H 1042: DOA EFFICIENCY/PED.
House: Passed 1st Reading
House: Ref To Com On State and Local Government II
H 1043: APPROPRIATE FUNDS FOR VIPER BUILD-OUT.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government II, if favorable, Appropriations
H 1044: GEN. ASSEMBLY/PREVENT WORKPLACE HARASSMENT.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government II, if favorable, Appropriations
H 1045: HEALTH-LOCAL CONFINEMENT/PRISON HEALTHCONNEX.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Judiciary IV
H 1046: PSYCHOLOGY INTERJDTL. COMPACT (PSYPACT).
House: Passed 1st Reading
House: Ref To Com On Health
H 1047: LRC HOA DISPUTE RESOLUTION/PED STUDY.
House: Passed 1st Reading
House: Ref To Com On Judiciary II
H 1048: REQUIRE EQUAL ACCESS TO ADVANCED CLASSES.
House: Passed 1st Reading
House: Ref to the Com on Education - K-12, if favorable, Appropriations
H 1049: SUPPORT SUSTAINABLE FISHERIES COMMUNITIES.
House: Passed 1st Reading
House: Ref to the Com on Wildlife Resources, if favorable, Appropriations
H 1055: RETIREMENT COMPLEXITY REDUCTION ACT OF 2018.-AB
House: Filed
H 1056: FAIR 2018.-AB
House: Filed
H 1059: HEALTHY MOTHER & CHILD/SHACKLING PROHIBITION.
House: Filed
H 1060: ENSURE SAFE HANDGUNS.
House: Filed
H 1061: FUND YOUTH MENTAL HEALTH FIRST AID TRAINING.
House: Filed
H 1062: VETERANS/HEALTH CARE/PILOT PROGRAM.
House: Filed
H 1063: COMMERCIAL FISHING LICENSE REFORMS.
House: Filed
H 1064: REQ. IMPLEMENTATION OF TEXT/SMS 911 FOR PSAPS.
House: Filed
H 1065: DIGITAL COMMUNICATIONS IN ELECTIONS.
House: Filed
H 1066: STUDY PREDATORY GAME PRACTICES.
House: Filed
H 1067: POLLUTER PAY LEGISLATION.
House: Filed
H 1068: SCHOOL PERFORMANCE IMPROVE'T STUDY COMMISSION.
House: Filed
H 1069: RECOGNIZING 70TH ANNIVERSARY STATE OF ISRAEL.
House: Filed
H 1070: SAFER SCHOOLS, HEALTHIER KIDS ACT.
House: Filed
H 1071: ASSISTED SENIORS FINANCIAL PROTECTION ACT.
House: Filed
H 1072: NC ADOPT EQUAL RIGHTS AMENDMENT/FUNDS.
House: Filed
H 1073: ESTABLISH ECON. DEV. ENERGY TASK FORCE.
House: Filed
H 1074: SCHOOL PSYCHOLOGIST COMPENSATION.
House: Filed
H 1075: RESTORE TEACHING TO AN HONORED PROFESSION.
House: Filed
H 1077: STATE HIGHWAY PATROL/SALARY INCREASES/FUNDS.
House: Filed
H 1078: FUND EDUCATIONAL FIELD TRIPS.
House: Filed
H 1079: REPORT MOVIES SHOWN DURING INSTRUCTIONAL TIME.
House: Filed
H 1081: TRANSFER OF SCHOOL SUPPORT PERSONNEL FUNDS.
House: Filed
S 99: APPROPRIATIONS ACT OF 2018. (NEW)
Senate: Conf Report Adopted 3rd
House: Conf Report Adopted 2nd
Senate: Conf Report Adopted 3rd
House: Conf Report Adopted 2nd
S 168: AOC OMNIBUS CHANGES (NEW).
House: Withdrawn From Com
House: Re-ref Com On Judiciary III
House: Withdrawn From Com
House: Re-ref Com On Judiciary III
S 470: PERSONAL INJURY BANKRUPTCY TRUST CLAIMS.
Ratified
S 486: THE ELECTIONS SECURITY AND TRANSPARENCY ACT (NEW).
House: Reptd Fav Com Sub 2
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
S 711: NC FARM ACT OF 2018.
Senate: Withdrawn From Com
Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
S 717: UI TECHNICAL CHANGES.
Senate: Withdrawn From Com
Senate: Ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate
S 735: VARIOUS OLB AND ADMINISTRATIVE LAW CHANGES. (NEW)
Senate: Withdrawn From Com
Senate: Ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
S 758: BUILD NC BOND ACT OF 2018.
Senate: Withdrawn From Com
Senate: Re-ref to Transportation. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
S 768: PEOPLE FIRST LANGUAGE 2018.
Senate: Withdrawn From Com
Senate: Ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
S 777: TRIBAL RECOGNITION - LUMBEE INDIANS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 778: AMENDS PROBATE/TRUSTS/WILLS CHOICE OF LAW.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 779: TELEMEDICINE POLICY.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 780: COVERAGE OF SERVICES FOR GROUP HOME RESIDENTS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 781: PHASE OUT SOLAR PROPERTY TAX EXCLUSION.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 782: NC ADOPT EQUAL RIGHTS AMENDMENT/FUNDS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 783: NORTH CAROLINA EQUAL PAY ACT/FUNDS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 784: AFFORDABLE HOUSING ACT.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 785: "ALPHA PHI ALPHA FRATERNITY" SPECIAL PLATE.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 786: HEALTHY MOTHER & CHILD/SHACKLING PROHIBITION.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 787: SMALL FARMS TO HEALTHIER SCHOOLS INITIATIVE.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 788: KNIGHT-LECOUNT ADVOCACY FOR MARROW ED. & REG.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 789: GEN. ASSEMBLY/PREVENT WORKPLACE HARASSMENT.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 790: PED LOTTERY RECOMMENDATIONS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 791: REVISE MARIJUANA LAWS.
Senate: Filed
S 792: APPRENTICESHIP/CLINICAL FUNDS/CERTAIN SCHOOLS.
Senate: Filed
S 793: SCHOOL NURSES REFORM.
Senate: Filed
S 794: HATE CRIMES PREVENTION ACT.
Senate: Filed
S 795: EXPAND EXTENDED LEARN/STUDENT SUPPORT GRANTS.
Senate: Filed
S 796: FUNDS FOR RAIL RELOCATION STUDY.
Senate: Filed
S 797: DISTRICT COURT 25 - BURKE/CALDWELL/CATAWBA.
Senate: Filed
S 798: ESTABLISH BIRTH CENTER LICENSURE ACT.
Senate: Filed
S 799: "ORDER OF THE EASTERN STAR, PHA" PLATE.
Senate: Filed
S 800: ACTUALLY DRAIN THE SWAMP.
Senate: Filed
S 801: REVOKE CONSENT/INTERCOURSE & SEXUAL ACTS.
Senate: Filed
Actions on Bills: 2018-05-31
LOCAL BILLS
H 514: PERMIT MUNICIPAL CHARTER SCHOOL/CERTAIN TOWNS.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Placed on Today's Calendar
Senate: Passed 2nd Reading
Senate: Placed On Cal For 06/04/2018
H 930: APEX ANNEXATION.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 942: KINSTON DEANNEXATION CORRECTIONS.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 946: MOORESVILLE DEANNEXATION.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 950: CARTHAGE, POLLOCKSVILLE SATELLITE ANNEXATIONS (NEW).
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 954: ROCKINGHAM COUNTY SCHOOL BOARD/CHAIR TERM.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 955: EDEN/THOROUGHBRED ANNEXATION AGREEMENT.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 956: EDEN/DUKE ENERGY ANNEXATION AGREEMENT.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 978: HEMBY BRIDGE/STALLINGS CORPORATE LIMITS.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
H 989: MADISON CHARTER/TOWN MANAGER.
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Special Message Sent To Senate
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 991: FOX TRAPPING LOCAL OMNIBUS.
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Special Message Sent To Senate
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 993: BESSEMER CITY CHARTER AMENDMENT.
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Special Message Sent To Senate
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 1057: RED SPRINGS CHARTER AMENDMENT.
House: Filed
H 1058: DISSOLVE AIRPORT COMMISSION OF FORSYTH COUNTY.
House: Filed
H 1076: ALAMANCE/GUILFORD BOUNDARY LINE.
House: Filed
H 1080: GUILFORD CO. ANIMAL CONTROL RECORDS.
House: Filed
S 566: WRIGHTSVILLE BEACH/WILMINGTON DEANNEX-ANNEX (NEW).
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 06/01/2018
S 740: SCOTLAND CO. REGISTER OF DEEDS TAX CERT.
Senate: Withdrawn From Com
Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
S 752: WINSTON-SALEM DEANNEXATION.
Senate: Withdrawn From Com
Senate: Re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
S 753: FRANKLIN & WAKE/DAILY DEPOSITS.
Senate: Withdrawn From Com
Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
S 769: APEX ANNEXATION.
Senate: Withdrawn From Com
Senate: Ref to Finance. If fav, re-ref to Rules and Operations of the Senate
S 775: BLACK MOUNTAIN/MONTREAT CORPORATE LIMITS.
Senate: Withdrawn From Com
Senate: Ref to Finance. If fav, re-ref to Rules and Operations of the Senate
S 776: HENDERSONVILLE DEANNEXATION.
Senate: Withdrawn From Com
Senate: Ref to Finance. If fav, re-ref to Rules and Operations of the Senate
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