The Daily Bulletin: 2018-06-07

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The Daily Bulletin: 2018-06-07

PUBLIC/HOUSE BILLS
H 223 (2017-2018) SPECIAL PLATES/HANDICAPPED PLACARD RENEWAL. (NEW) Filed Mar 1 2017, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE DISABLED VETERAN AND PARTIALLY DISABLED VETERAN SPECIAL REGISTRATION PLATES FOR MOTORCYCLES, TO AUTHORIZE THE DIVISION TO PRODUCE AN "ALPHA PHI ALPHA FRATERNITY" SPECIAL REGISTRATION PLATE, TO REDUCE THE NUMBER OF APPLICATIONS REQUIRED FOR COLLEGIATE INSIGNIA PLATES FOR PUBLIC MILITARY COLLEGES AND UNIVERSITIES, TO AUTHORIZE THE DIVISION TO PRODUCE AN "ORDER OF THE EASTERN STAR PRINCE HALL AFFILIATED" SPECIAL REGISTRATION PLATE, TO PROVIDE THAT MEDICAL CERTIFICATION IS NOT REQUIRED FOR RENEWAL OF A HANDICAPPED PLACARD THAT EXPIRES AFTER THE PERSON TO WHOM IT IS ISSUED IS EIGHTY YEARS OF AGE, AND TO AUTHORIZE DEPARTMENT SECRETARIES TO DELEGATE CERTAIN BUDGETARY DECISIONS.

House amendment makes the following changes to the 2nd edition.

Changes the act's long title.

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 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 February 1, 2019.

Intro. by Cleveland.GS 20
H 379 (2017-2018) RECODIFICATION WORKING GROUP. (NEW) Filed Mar 15 2017, AN ACT TO ASSIST THE CRIMINAL LAW RECODIFICATION WORKING GROUP.

Senate committee substitute makes the following changes to the 2nd edition. Deletes all content of the previous edition and replaces it with the following.

Requires all State agencies, boards, and commissions with the power to define conduct as a crime in the North Carolina Administrative Code to create a list of all crimes defined by the entity that are in effect or pending implementation and submit the list to the Joint Legislative Administrative Procedure Oversight Committee and the Joint Legislative Oversight Committee on Justice and Public Safety by December 1, 2018.

Requires the Administrative Office of the Courts (AOC) to compile a list of North Carolina common law crimes and a list of crimes defined in the North Carolina General Statutes, organized by chapter. Requires AOC to  list any North Carolina criminal statutes that meet one or more of the following: (1) the statute is duplicative; (2) the statute is inconsistent with other statutes, rarely charged, fails to state a mens rea, or contains undefined terms; (3) the statute appears to be obsolete; or (4) the statute has been held to be unconstitutional by an appellate court. Requires that the list along with any supplemental information be submitted to the Joint Legislative Administrative Procedure Oversight Committee and the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2019.

Requires every county, city, town, or metropolitan sewerage district that has enacted an ordinance punishable under GS 14-4(a)(which makes it a Class 3 misdemeanor to violate an ordinance of a county, city, town, or metropolitan sewerage district, to be fined not more than $500) to list applicable ordinances with a description of the conduct subject to criminal punishment in each ordinance and submit the list to the Joint Legislative Administrative Procedure Oversight Committee and the Joint Legislative Oversight Committee on Justice and Public Safety by December 1, 2018.

Makes conforming changes to the act's titles.

Intro. by Riddell, Millis, Bradford, Brenden Jones.UNCODIFIED
H 382 (2017-2018) DOI OMNIBUS-AB (NEW). Filed Mar 15 2017, AN ACT TO INCORPORATE NAIC MODEL LANGUAGE INTO NORTH CAROLINA'S LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT; TO AMEND AND MAKE CLARIFYING CHANGES TO THE SURPLUS LINES ACT; TO AMEND CONSENT TO RATE AND CAPTIVE INSURANCE LAWS; AND TO AMEND AND MAKE TECHNICAL CHANGES TO OTHER INSURANCE LAWS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.

Senate committee substitute to the 2nd edition is to be summarized.

Intro. by Setzer, Bumgardner, Henson, Destin Hall.
H 500 (2017-2018) ABC OMNIBUS LEGISLATION. Filed Mar 28 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOLIC BEVERAGE CONTROL LAWS.

Senate committee substitute makes the following changes to the 2nd edition. 

Deletes the content of the previous edition and replaces it with the following. 

Section 1

Amends GS 18B-1121 to allow a licensed commercial permittee, or its agent or employee, to consume samples of alcoholic beverages that it is licensed to sell for purposes of sensory analysis, quality control, or education, at (1) the permitte's premises licensed for commercial activity, (2) the permittee's premises licensed for retail activity if the permittee is authorized to hold a retail permit and the permittee has obtained the appropriate retail permit, (3) the premises of a special one-time permittee, or (4) the premises of a special event where a commercial permittee is participating under a winery or malt beverage special event permit.

Section 2

Requires the ABC Commission (Commission) to amend the Distressed Liquor Rules (as specified in the act) to no longer require the presence of a distiller representative for the Commission, a privately-owned bonded warehouse, or a local board to destroy distressed liquor. Requires that the existing Distressed Liquor Rules be implemented as provided until the Rules are amended.

Section 3

Requires the Commission to adopt a rule to amend the Mixed Beverages Tax Stamp Rule (as specified in the act) to not require a mixed beverages tax stamp to be affixed to the original paper labeling of each container, and allow the stamp to be affixed to any vertical portion of the container. Requires that the existing Mixed Beverages Tax Stamp Rule be implemented as provided until the Rule is amended.

Section 4

Amends GS 18B-1000, which contains the definitions for GS Chapter 18B, to add and define the following terms: (1) motion picture theater as a movie theater, screening room, or other venue used primarily for showing copyrighted motion pictures, if it is open to the public, with movie ticket sales revenue at a level greater than revenue from sales of alcohol and gross receipts from food and nonalcoholic beverages no less than 30% of the total gross receipts from food and nonalcoholic and alcoholic beverages; (2) sports and entertainment venue as stadiums, ballparks, and similar facilities with a permanently constructed seating capacity of 3,000 or more, excluding those located on the campus of a school, college, or university. Amends the definition of restaurant to add that if it is located on an 18-hole golf course, the premises must include the parking lot and the playing area of the golf course. Amends the definition of sports club by adding that the premises of a sports club substantially engaged in the business of providing an 18-hole golf course must include the parking lot and the playing area of the golf course.

Amends GS 18B-1001 to add motion picture theaters and sports and entertainment venues to the list of establishments to which on-premises malt beverage permits, on-premises unfortified wine permits, and mixed beverages permits may be issued. Also adds motion picture theaters to where on-premises fortified wine permits may be issued. Makes additional technical changes.

Section 5

Amends GS 14-309.6 to define a nonprofit organization to mean an organization or association recognized by the Department of Revenue as tax-exempt pursuant to GS 105-130.11(a) or any bona fide branch, chapter, or affiliate of that organization. Makes conforming changes to GS 14-309.15.

Modifies and adds to GS 14-309.15 (Raffles). Adds new provision requiring that each regional or county chapter of a nonprofit organization be eligible to conduct raffles in accordance with the statute independently of its parent organization. Authorizes a nonprofit organization to hold no more than four raffles per year (was, limits nonprofit organizations to two raffles per year). Increases the maximum total cash prize that can be offered or paid by any nonprofit organization to $250,000 from $125,000. Makes conforming changes. 

Amends GS 18B-308 (Sale and consumption at bingo games), removing raffles from the scope of the prohibition on the sale and consumption of alcohol under the statute. 

Enacts GS 18B-903A, providing for reissuance of permits to a nonprofit organization that has received a limited special occasion permit pursuant to GS 18B-1001(9), or a special one-time permit pursuant to GS 18B-1002(a)(2) or (a)(5) within the preceding 18 months so long as the same individual representing the organization requests the reissuance of the permit for the same location. Details information required for reissuance, including the location and description of the event. Makes a reissued limited special occasion permit valid for 48 hours before and after the occasion for which the permit was issued and a reissued special one-time permit valid only for the period stated on the permit. Provides that the reissuance application fee is the same as the initial fee set out in GS 18B-902 and nonrefundable. Prohibits the Commission from investigating the applicant and the premises for which the reissuance is requested more than once every three years. Permits the Commission to request the assistance of local ABC officers in investigating applications. Makes it a Class 1 misdemeanor to knowingly make a false statement in the application for a permit reissuance. Also makes knowingly making a false statement on the reissuance application grounds for denying, suspending, revoking, or taking other action against the permit provided in GS 18B-104. Effective December 1, 2018, and applies to offenses committed on or after that date.

Amends GS 18B-1002(a)(5), concerning special permits for local governments and nonprofit or political organizations to serve wine, malt beverages, and spirits at a ticketed fundraiser event. Adds a provision providing that the issuance of this permit allows nonprofit organizations to offer alcoholic beverages in the manufacturer's original closed container as a prize in a raffle or sell alcoholic beverages in the manufacturer's original closed container at auction at the ticketed event to allow the nonprofit organization to raise funds. 

Unless otherwise indicated, this section is effective October 1, 2018.

Section 6

Amends GS 18B-1114.7(b), which places limitations on consumer liquor tasting events to also allow the permit holder to sell branded merchandise at consumer tasting events.

Section 7

Amends GS 18B-108 by adding that alcoholic beverages (malt beverages, unfortified wine, and fortified wine) may be sold on passenger-only ferries.

Section 7.1

Amends GS 18B-1307 to allow an individual's interest in a malt beverage wholesaler business to be transferred or assigned to a designated family member (under current law the transfer or assignment can happen only when the wholesaler dies). Expands the definition of designated family member to also include a niece or nephew. Provides that nothing in (b) concerning the approval of certain transfers and mergers is intended to or should be construed to authorize a supplier to match and reassign to a designee the right to purchase the ownership interest, subject to the designee purchasing the ownership interest. Makes additional conforming changes.

Amends GS 18B-1119 to prohibit a supplier or an officer, director, employee or affiliate of a supplier from acquiring, possessing, or otherwise maintaining an ownership interest in a wholesaler except as expressly authorized by GS Chapter 18B. Deletes existing provisions concerning a supplier or an officer, director, employee, or affiliate of a supplier financially assisting a proposed purchaser.

Amends GS 18B-1304 to make it illegal for a supplier, or an office, agent, or representative of a supplier to induce, coerce, or attempt to do so, any wholesaler to accept delivery of any alcoholic beverage, or any other item or service, that has not been specifically ordered or requested by the wholesaler.

Section 8

Except where otherwise provided, the act is effective when it becomes law.

Makes conforming changes to the act's long title. 

Intro. by McGrady, Brawley, Hardister, Harrison.GS 14, GS 18B
H 529 (2017-2018) AMEND FUNERAL LAWS. Filed Mar 29 2017, AN ACT AMENDING THE LAWS PERTAINING TO THE PRACTICE OF FUNERAL SERVICE.

House committee substitute makes the following changes to the 1st edition.

Deletes the proposed changes to GS 90-210.18A, relating to the membership of the Board of Funeral Service (Board), and GS 90-210.23, relating to the powers and duties set forth for the Board. 

Eliminates the proposed change to GS 90-210.25(a)(5)h. that allowed the State Bureau of Investigation or the Federal Bureau of Investigation to charge each funeral director applicant a fee for conducting the authorized criminal history records check. Modifies proposed GS 90-210.25(c)(14), authorizing the Board to impose a civil penalty of up to $5,000 (was, accept a civil penalty up to that amount) in conjunction with probation or in lieu of other disciplinary action upon the Board finding that any person permitted to transport dead human bodies engages in any of the 11 previously specified acts. Amends proposed GS 90-210.25(f)(2), removing the language making it a Class 2 misdemeanor for any person who knowingly or willfully fails to treat with reasonable care a dead human body in a person's custody. Adds that proposed GS 90-210.25(f)(2) is effective December 1, 2018. Makes a technical change to the proposed modifications to the existing language of GS 90-210.25(f).

Deletes the proposed changes to GS 90-210.61, which proposed to limit the application of the provision that allows a preneed licensee to retain up to 10% of any payments made on a contract when a contract is funded by a trust deposit, to those preneed funeral contracts executed before January 1, 2015. Instead, amends GS 90-210.61(a), repealing subdivision (a)(2) that (1) allows a preneed licensee to retain up to 10% of any payments made on a contract when a contract is funded by a trust deposit, and (2) if no substitution of a different funeral establishment to furnish funeral services and merchandise is made pursuant to GS 90-210.63(a), requires the preneed licensee to give credit for the amount retained upon the death of the preneed funeral contract beneficiary and performance of the preneed funeral contract. Establishes that the provisions of GS 90-210.61(a)(2) continue to be applicable to any preneed funeral contracts entered into before the act becomes law. 

Deletes the proposed changes to GS 90-210.63(a)(2), which proposed to limit the existing language on preneed funeral contacts to those executed before January 1, 2015, and add provisions concerning when a preneed licensee may retain a 10% administrative fee for preneed funeral contracts executed on or after January 1, 2015. Instead, repeals subdivision (a)(2). Adds a new provision to proposed GS 90-210.63(a)(4), requiring the original contracting preneed licensee to immediately pay all funds received to the successor funeral establishment designated (language borrowed from subdivision (a)(2), repealed above). Establishes that the provisions of GS 90-210.63(a)(2) continue to be applicable to any preneed funeral contracts entered into before the act becomes law. 

Amends the proposed new language to GS 90-210.67 to now require preneed establishments to provide the Board with documentation showing informed consent of an arrangement where a preneeds sales licensee sells to two or more preneed establishments owned by different individuals, corporations, or business entities (previously, required to provide the Board a copy of a written agreement reflecting an agreement among all parties to allow the licensee to sell at each preneed establishment). Further amends the proposed changes to the statute, specifying that on or after February 1 (was, January 1), a license for a preneed funeral establishment license may be renewed by paying a late fee of no more than $100 in addition to the annual renewal fee, and that on or after February 1 (was, January 1), a license for a preneed sales license may be renewed by paying a late fee of no more than $25 in addition to the annual renewal fee. 

Maintains GS 90-210.69(c)(3), repealed in the previous edition, which allows the Board to take the specified actions against an applicant for licensure or licensee for a conviction of a crime involving fraud or moral turpitude.

Deletes the proposed repeal of GS 90-210.80 through GS 90-210.107, which contained statutes related to mutual burial associations. Makes conforming changes by deleting the companion implementation provisions. 

Amends the proposed changes to GS 90-210.123(e), specifying a cemetery license or permit may be renewed by paying a late fee in addition to the renewal fee on or after February 1 (was, January 1). 

Eliminates the proposed changes to GS 90-210.123(i), which proposed to allow inspectors of the Board (instead of members of the Board's staff) to serve notices, subpoenas, and other papers.

Amends the proposed new provisions to GS 90-210.129(h), allowing for the remains of multiple persons (was specifically triplets) up to the age of one year old from the same mother and the same birth to be cremated simultaneously with written direction of the authorized agent. Establishes that the proposed changes to GS 90-210.129 are effective when the act becomes law.

Deletes the proposed repeal of GS 58-58-97(d) to maintain the provision as it exists, deeming any licensee or employee of a licensed funeral establishment who makes a false request for life insurance information or failed to do that required by subsection (c) of the statute guilty of fraud or misrepresentation and unfit to practice funeral service.

Changes the effective date of the act to October 1, 2018 (was, effective when the act became law).

Intro. by Boles, Alexander, Hunter, Brenden Jones.GS 58, GS 90, GS 130A
H 573 (2017-2018) BUSINESS/REGULATORY CHANGES. (NEW) Filed Apr 5 2017, AN ACT TO MAKE BUSINESS AND REGULATORY CHANGES TO VARIOUS STATE LAWS.

Senate committee substitute makes the following changes to the 1st edition.

Makes organizational changes to the act, including adding section headers.

Amends proposed GS 160A-439.1 to allow the governing body of a municipality or its delegated commission (was, a city) to petition the superior court for appointment of a receiver to rehabilitate, demolish, or sell a vacant building, structure, or dwelling upon one of the listed occurrences. Adds to those occurrences that the governing body of the municipality adopts any ordinance under GS 160A-439(f)(1), related to nonresidential buildings or structures that fail to meet minimum standards of maintenance, sanitation, and safety, and orders a public officer to continue enforcement actions prescribed by the ordinance with respect to the named nonresidential building or structure. Allows the public officer to submit a petition on behalf of the governing body to the superior court for the appointment of a receiver, and if granted, the petition is considered an appropriate means of complying with the ordinance; if the petition is not granted, allows the public officer and the governing body to take action under the ordinance in any manner authorized in GS 160A-439. Amends the information that must be included in a petition for the appointment of a receiver to (1) require that when an owner is requesting to the governing body for a petition for appointment of a receiver, that a verified pleading that avers that at least one owner consents to the petition be included; (2) no longer require the identification and qualifications of a proposed receiver in a verified pleading that avers that the required rehabilitation or demolition has not been completed; (3) require inclusion of the names of all parties in interest, as defined in GS 160A-442(5). Amends the notice requirements to require that the city give notice of the pendency and nature of the proceedings to the last known address of all owners of the property, and mortgagee with a recorded property interest, and all other parties in interest as defined in GS 160A-442(5) (was, to the last known address of all judgment creditors and lienholders with a recorded interest in the property). Makes conforming changes. Specifies that the court is to appoint a qualified receiver. Deletes proposed language on alternative appointments the court may make and instead provides that if the court does not appoint a person to rehabilitate or demolish the property under new subsection (e) of the statute, or if the court dismisses such an appointee, the court must appoint a qualified receiver to rehabilitate and manage the property, demolish the property, or sell the property to a buyer. Adds to the conditions that must be demonstrated in order to be considered as a qualified receiver to also require the ability to obtain any necessary insurance. 

Adds new subsection (e) to the statute to allow the court to, instead of appointing a qualified receiver, appoint an owner, mortgagee, or other parties in interest in the property to rehabilitate or demolish the property if that person meets the specified requirements, including agreeing to comply with a specified schedule and posting a bond. Requires the person to report on their progress to the court. Provides that if it is determined that the individual is not proceeding with due diligence or in compliance with the court-ordered schedule, allows the city or its delegated commission to apply to the court for immediate revocation of that person's appointment and for the appointment of a qualified receiver. 

Provides that upon the appointment of a receiver and after the receiver records a notice of receivership in the county in which the property is located that identifies the property, all other parties are divested of any authority to collect rents or other income from or to rehabilitate, demolish, or sell the building, structure, or dwelling subject to the receivership. Any party other than the appointed receiver who actively attempts to collect rents or other income from or to rehabilitate, demolish, or sell the property may be held in contempt of court and will be subject to penalties.

Adds the following to a receivership's authority: (1) manage the property prior to rehabilitation or demolition and pay operational expenses of the property and debt secured by an interest in the property and (2) collect all rents and income from the property, which must be used to pay for current operating expenses and repayment of outstanding rehabilitation or demolition expenses.

Clarifies that the deed conveying title to the property after the court's ratification of the sale of the property is subject to restrictions that run with the land.

Deletes the provision that limited the statute to cities with a population of 30,000 or more as of July 2013, with a majority of the corporate boundaries in a county with a Tier 1 or Tier 2 annual ranking.

Changes the effective date of the statute from October 1, 2017, to October 1, 2018.

Adds a new section to the act enacting new GS 153A-372.2. The provisions of this statute are identical to the provisions of GS 160A-439.1, as amended, but are applicable to counties instead of cities.

Enacts GS 143-138(b19), directing the Building Code Council to provide for an exemption for deteached and attached garages located on the same lot as a dwelling from any requirements in the energy efficiency standards pursuant to Chapter 11 of the NC Residential Code for One- and Two-Family Dwellings and Chapter 4 of the NC Energy Conservation Code. Effective October 1, 2018.

Amends GS 18B-600(c1), which sets forth the criteria for cities to hold a malt beverage or unfortified wine election. Modifies the third criterion to require that the county in which more than 50% of the area of the primary corporate limits of the city is located also contains three or more other cities that have previously voted to allow malt beverage or unfortified wine sales (currently, contains three or more other cities that have previously voted to allow malt beverage and unfortified wine sales).

Requires the Environmental Management Commission (Commission) to amend the Well Standard Rules to establish well casing, grouting, and setback requirements as specified, instead of as provided in the Criteria and Standards Applicable to Water-Supply and Certain Other Types of Wells set forth in 15A NCAC 02C .0101 through 15A NCAC 02C .0119. Requires that the existing Well Standard Rules be implemented as provided until the Rules are amended.

Requires the Environmental Management Commission (Commission) to amend the Monitoring Plans and Requirements for C&DLF Facilities Rules to no longer require semiannual monitoring frequency for required groundwater sampling and instead only require the sampling on an annual basis. Requires that the existing Monitoring Plans and Requirements for C&DLF Facilities Rules be implemented as provided until the Rules are amended.

Makes conforming changes to the act’s titles.

Intro. by Faircloth, Ross, Blust, Brockman.GS 18B, GS 143, GS 153A, GS 160A
H 810 (2017-2018) LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES. (NEW) Filed Apr 11 2017, AN ACT TO MODERNIZE THE LOAN ORIGINATION FEE FOR NORTH CAROLINA BANKS AND TO ADJUST THE LATE PAYMENT CHARGE FOR CERTAIN LOANS.

Senate committee substitute makes the following changes to the 1st edition.

Deletes the content of the previous edition and replaces it with the following.

Amends GS 24-1.1 to limit bank loan origination fees for loans or extension of credit with a principal amount of $100,000 or greater to 1/4 of 1% of the principal amount and to an amount ranging from $150 to $250 for loans or extension of credit with a principal amount ranging from $0 to $99,999 (was, the origination fee could not exceed the greater of 1/4 of 1% of the outstanding balance or $50). Makes additional technical and clarifying changes.

Amends GS 24-10.1 to set the following limitations on late payment charges, which under current law are capped at 4% of the amount of the payment past due. A late payment charge must not exceed (1) the amount disclosed with particularity to the borrower under the Federal Consumer Credit Protection Act, if applicable; (2) for a loan or extension of credit that meets all of the following conditions, the greater of $35 or 4% of the amount of the payment past due: the loan or extension of credit is made by a bank or savings institution organized under the law of this state or the United States, the loan or extension of credit is not secured by real property, and the loan or extension of credit is governed by GS 24-1.1. Limits the charge to 4% of the amount of the payment past due for any other type of loan or extension of credit governed by GS 24-1.1 (concerning a loan, purchase money loan, advance, commitment for a loan or forbearance) or GS 24-1.1A (concerning home loans). Makes additional organizational, clarifying, and technical changes.

Effective October 1, 2018, and applies to contracts entered into, renewed, or modified on or after that date.

Makes conforming changes to the act's titles.

Intro. by Destin Hall, Bradford, Stone, Saine.GS 24
H 963 (2017-2018) CLARIFY PREVENTION/EMERGENCY MANAGEMENT ACT. Filed May 17 2018, AN ACT TO AMEND THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT TO CLARIFY THAT PREVENTION IS WITHIN THE SCOPE OF THE ACT, AS RECOMMENDED BY THE JOINT LEGISLATIVE EMERGENCY MANAGEMENT OVERSIGHT COMMITTEE.

House amendment makes the following changes to the 1st edition.

Adds a section amending GS 166A-19.70 to provide that the certification system for persons who transport essentials in commerce, or assists in ensuring their availability, and persons who assist in restoring utility services, includes a renewable precertification (was, it may include an annual renewable precertification). Makes technical changes.

Intro. by Faircloth.GS 166A
H 965 (2017-2018) NATIONAL AND STATE MOTTOS IN SCHOOLS ACT. Filed May 17 2018, AN ACT TO REQUIRE DISPLAY OF THE NATIONAL MOTTO AND THE STATE MOTTO IN PUBLIC SCHOOLS.

House amendment makes the following changes to the 2nd edition.

Amends GS 115C-47, GS 115C-218.80, GS 116-69.1, and GS 116-235 to require that the display include the State motto in Latin as well as the English translation.

Intro. by Bert Jones, Johnson, Arp, Shepard.APPROP, GS 115C, GS 116
H 998 (2017-2018) IMPROVING NC RURAL HEALTH (NEW). Filed May 23 2018, AN ACT TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY AND REPORT RECOMMENDATIONS TO CREATE INCENTIVES FOR MEDICAL EDUCATION IN RURAL AREAS OF THE STATE AND TO ASSIST RURAL HOSPITALS IN BECOMING DESIGNATED AS TEACHING HOSPITALS BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES; TO DIRECT THE OFFICE OF RURAL HEALTH, DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ENSURE ITS LOAN REPAYMENT PROGRAM IS TARGETED TO BENEFIT HEALTH CARE PROVIDERS IN RURAL NORTH CAROLINA, INCLUDING IDENTIFYING AND MAKING RECOMMENDATIONS TO ADDRESS THE NEED FOR DENTISTS IN RURAL AREAS; AND TO IMPROVE ACCESS TO DENTAL CARE IN RURAL NORTH CAROLINA; AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY MEDICAID HEALTH OUTCOMES PROGRAMS.

House amendment amends the 2nd edition to require the evaluation of the State Health Plan by the Program Evaluation Committee pursuant to Section 4 of the act to include determining the contract options for improving primary care provider (was, primary care physician) quality of life in a rural setting that include a direct primary care type payment model. 

Intro. by Lewis, Murphy, White, Hunter.STUDY
H 1029 (2017-2018) BIPARTISAN STATE BOARD CHANGES (NEW). Filed May 29 2018, AN ACT TO REQUIRE A PRIMARY IF A NEW ELECTION IS ORDERED IN ANY ELECTION CONTEST; TO RETURN THE ADMINISTRATIVE STRUCTURE OF ELECTIONS, ETHICS, AND LOBBYING TO THE 2016 STRUCTURE AND TO MAKE OTHER CHANGES TO THE ELECTIONS, ETHICS, AND LOBBYING LAWS.

House committee substitute makes the following changes to the 2nd edition. 

Adds the following provisions.

Amends GS 20-81.12 to exempt the Order of the Long Leaf Pine license plate from the required minimum number of plate applications.

Amends GS 20-118 by adding that a vehicle or vehicle combination that hauls unhardened ready-mixed concrete may be weighed with weigh in motion scales, but the vehicle or combination must be weighed static.

Intro. by Torbett, Iler.GS 18B, GS 20, GS 93E, GS 136
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.

House committee substitute makes the following changes to the 1st edition.

Section 1

The previous edition 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. The previous edition also 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. Specifies that the effective date must be after the adoption date. 

Adds the following new provisions.

Section 5

Makes the following changes to provisions in GS Chapter 135 relating to the Retirement System for Teachers and State Employees, and GS Chapter 128 relating to the Retirement System for Counties, Cities, and Towns. Makes organizational changes to GS 135-4 and GS 128-26, and makes language gender-neutral.

Makes technical changes to GS 135-4 to eliminate outdated provisions concerning creditable service for teachers and state employees during the years preceding and immediately after the establishment of the System.

Makes identical deletions to subsections (b) and (d) of GS 135-4 and GS 128-26, eliminating the Board of Trustees' duty to fix and determine how much service in any year is equivalent to one year of service. Also eliminates the provision permitting any member to request the applicable Board of Trustees to modify or correct the member's prior service credit up until the member's date of retirement or within one year thereafter. 

Repeals GS 128-26(c), which requires the Board of Trustees of the Retirement System for Counties, Cities, and Towns to verify member statements of creditable service filed pursuant to the statute, and in lieu of verification of compensation rates for prior service received from members, use compensation rates of the same average salary of the members for the five years immediately preceding the date of participation of his employer with salary increases shown in the tables as prescribed in GS 128-28(o), as the records show the member actually received. 

Makes identical deletions in subsection (e) of GS 135-4 and GS 128-26, eliminating outdated provisions concerning members of either System whose specified account was closed on or after July 1, 1971, or July 1, 1973, on account of absence from service and later returned eligible to repay the amount withdrawn plus interest in a lump sum payment.

Further amends GS 128-26(e), eliminating the outdated provision allowing a member who entered service or was restored to service prior to July 1, 1982, and who was excluded from membership service solely on account of having attained 62 years of age, to purchase serve credits for the excluded service by making a lump sum payment plus interest. Repeals GS 135-4(q), which holds an identical provision for members in that system.

Makes technical changes to GS 135-4(e) relating to service purchase provisions for North Carolina General Assembly employees and state law enforcement officers. 

Repeals GS 128-26(f), establishing three classes of prior service certificates issued on account of served rendered to the respective Class A, B, or C employee.

Repeals GS 135-4(i), a service purchase provision for persons that joined the System after June 30, 1947, and before July 1, 1955.

Amends GS 135-4(k) and GS 128-26(i), limiting those existing purchase provisions for withdrawn service for law enforcement officers to the period on or before December 31, 2018.

Enacts identical subsections GS 135-4(k1) and GS 128-26(i1), providing for the purchase of withdrawn service on or after January 1, 2019, by law enforcement officers who return to service and complete five years of membership service upon return. Limits the total amount of creditable service purchased under the respective subsection to five years. Specifies the calculation of the lump sum amount to purchase the service and details assumptions specific to the calculation. Adds that the calculation must include an administrative fee set by the respective Board. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account. 

Amends GS 135-4(l1) and GS 128-26(j2), limiting those existing provisions concerning service purchase for creditable service rendered to any state, territory, or other governmental subdivision of the United States other than this state to the period on or before December 31, 2018.

Enacts identical subsections GS 135-4(l2) and GS 128-26(j3), providing for members with service of five or more years of membership service to purchase creditable service previously rendered to any state, territory, or other governmental subdivision of the United States other than this state on or after January 1, 2019. Limits the total amount of creditable service purchased under the respective subsection to five years. Similar to new GS 135-4(k1) and GS 128-26(i1), specifies the calculation of the lump sum amount to purchase the service and details assumptions specific to the calculation. Adds that the calculation must include an administrative fee set by the respective Board. Includes identical language as that included in existing GS 135-4(l1) and GS 128-26(j2), to further specify the allowable credit and limit the maximum allowable purchase of out-of-state service to five years. Also carries over the language allowing for out-of-state credit only if no benefit is allowable in any other public retirement system as a result of the service. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account. 

Amends GS 135-4(r), relating to the purchase of creditable service for leaves of absence terminating on and after January 1, 1988, by removing "return to service" language to instead refer to the end of the leave of absence, thereby removing the requirement that the member return to service. Similarly, amends GS 128-26(l), relating to the purchase of creditable service for leaves of absence terminating on and after July 1, 1983, by removing "return to service" language to instead refer to the end of the leave of absence, thereby removing the requirement that the member return to service.

Amends GS 135-4(w) and GS 128-26(o), relating to service purchases for federal employment, limiting the amount of creditable service purchased under the subsection to a total of five years. Additionally, eliminates existing language concerning the calculation of the lump sum amount payable to purchase the credit. Instead, provides for the calculation in terms similar to new GS 135-4(k1) and GS 128-26(i1), and GS 135-4(l2) and GS 128-26(j3), and provides assumptions specific to the calculation in the same manner. Adds that the calculation must include an administrative fee set by the respective Board. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account. Further, limits the existing provisions for the purchase of creditable service for periods of employment with public community service entities within the state funded entirely with federal funds to the period on or before December 31, 2018. Eliminates language including programs the Board of Trustees adopts as public community service entities. Further amends GS 128-26(o) to eliminate clarifying language relating to the terms "full cost," "full liability," and "full actuarial cost." 

Repeals GS 134-4(p1) and GS 128-26(p), relating to part-time service credit. Enacts GS 134-4(p2) and GS 128-26(p1), providing for members in service with five or more years of membership service to purchase service previously rendered as a part-time teacher or employee of an employer as specified. Exempts from purchase (1) part-time service rendered as a bus driver to a public school while a full-time high school student and (2) temporary or part-time service rendered while a full-time student in pursuit of a degree or diploma in a degree-granting program unless the service was rendered on a permanent part-time basis and required at least 20 years of service per week. Specifies the calculation of the lump sum amount to purchase the service and details assumptions specific to the calculation. Adds that the calculation must include an administrative fee set by the respective Board. Directs the respective Board of Trustees to adopt rules regarding how much service in any year, based on compensation, is equivalent to one year of service in proportion to earnable compensation, with the limitation that service in one year cannot be credited for more than one year of service. Establishes that service rendered for the regular school year in any district must be equivalent to one year of service. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account.

Amends GS 134-4(p), limiting the existing service purchase provisions for prior temporary State employment to the period on or before December 31, 2018, applicable to members as specified.

Amends GS 135-4(s) and GS 128-26(r), relating to the purchase of credit at full cost for temporary state employment as a temporary teacher (applicable to GS 135-4(s) only) or as an employee subject to the existing specified conditions in each subsection. Limits the option to members in service with five or more years of membership service. Adds a new provision to limit the amount of creditable service purchased under the subsection to a total of five years. Additionally, eliminates existing language concerning the calculation of the lump sum amount payable to purchase the credit. Instead, provides for the calculation in terms similar to new GS 135-4(k1) and GS 128-26(i1), GS 135-4(l2) and GS 128-26(j3) and GS 128-26(o), and provides assumptions specific to the calculation in the same manner. Adds that the calculation must include an administrative fee set by the respective Board. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account. Eliminates the provision extending the application of the subsection to the purchase of creditable service for State employment when classified as a permanent hourly employee. 

Repeals GS 135-4(t), relating to credit purchase at full cost for local government employment. 

Repeals GS 135-4(u), relating to credit purchase of forfeited service for members who are wildlife protectors who transferred contributions from the System to the Law Enforcement Officers' Retirement System and forfeited creditable service as a non-law enforcement officer as a result of the transfer.

Amends GS 135-4(z), relating to credit purchase of credit at full cost for leave due to extended illness. Eliminates existing language concerning the calculation of the lump sum amount payable to purchase the credit. Instead, provides for the calculation in terms similar to new GS 135-4(k1) and GS 128-26(i1), GS 135-4(l2) and GS 128-26(j3), GS 128-26(o), and GS 135-4(s), and provides assumptions specific to the calculation in the same manner. Adds that the calculation must include an administrative fee set by the respective Board. Adds a new provision to limit the amount of creditable service purchased under the subsection to a total of five years. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account.

Amends GS 135-4(aa), relating to credit purchase of credit at full cost for parental leave, pregnancy or childbirth-related leave, or certain involuntary furloughs (was, for maternity leave). Eliminates existing language concerning the calculation of the lump sum amount payable to purchase the credit. Instead, provides for the calculation in terms similar to new GS 135-4(k1) and GS 128-26(i1), GS 135-4(l2) and GS 128-26(j3), GS 128-26(o), GS 135-4(s), and GS 135-4(z), and provides assumptions specific to the calculation in the same manner. Adds that the calculation must include an administrative fee set by the respective Board. Adds a new provision to limit the amount of creditable service purchased under the subsection to a total of five years. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account.

Amends GS 135-4(bb) and GS 128-26(q), limiting those existing provisions concerning service purchase for creditable service for specified probationary local government employment to the period on or before December 31, 2018.

Enacts GS 135-4(bb1) and GS 128-26(q1), providing for members to purchase creditable service prior to retirement on and after January 1, 2019, for probationary local government employment, as specified, between the date of employment and the date of membership with the Local Governmental Employee's Retirement System. Provides for the calculation in terms similar to new GS 135-4(k1) and GS 128-26(i1), GS 135-4(l2) and GS 128-26(j3), GS 128-26(o), GS 135-4(s), GS 135-4(z), and GS 135-4(aa), and provides assumptions specific to the calculation in the same manner. Adds that the calculation must include an administrative fee set by the respective Board. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account. Adds to GS 128-26(q1) that the amount of creditable service purchased under the subsection cannot exceed five years. 

Amends GS 128-26(s), relating to credit purchase for credit at full cost for employment not otherwise creditable. Limits the option to members in service with five or more years of membership service. Modifies existing language to require that the employer for which the member wishes to purchases service is a participating employer in the System at the time of purchase, but was not a participating employer in the System at the time the service was rendered by the member. Eliminates existing language concerning the calculation of the lump sum amount payable to purchase the credit. Instead, provides for the calculation in terms similar to new GS 135-4(k1) and GS 128-26(i1), GS 135-4(l2) and GS 128-26(j3), GS 128-26(o), GS 135-4(s), GS 135-4(z), GS 135-4(bb1) and GS 128-26(q1), and provides assumptions specific to the calculation in the same manner. Adds that the calculation must include an administrative fee set by the respective Board. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account.

Amends GS 135-4(hh), relating to credit purchase for credit at full cost for service with UNC during which a member participated in the Optional Retirement Program. Modifies existing language to require the member be in service with five or more years of membership service to purchase credit under the subsection. Adds new provision to limit the amount of creditable service purchased under the subsection to a total of five years. Eliminates existing language concerning the calculation of the lump sum amount payable to purchase the credit. Instead, provides for the calculation in terms similar to new GS 135-4(k1) and GS 128-26(i1), GS 135-4(l2) and GS 128-26(j3), GS 128-26(o), GS 135-4(s), GS 135-4(z), GS 135-4(bb1), GS 128-26(q1), and GS 128-26(s), and provides assumptions specific to the calculation in the same manner. Adds that the calculation must include an administrative fee set by the respective Board. Authorizes an employer to pay all or part of the cost of a service purchase of a member in service, which cost must be credited to the pension accumulation fund, while costs paid by the member must be credited to the member's annuity savings account.

Amends GS 135-1.1 to provide that system contribution rates are as fixed under GS 135-8, the Current Operations Appropriations Act, or any other applicable law (was, fixed by law and by the rules of the Board of Trustees of the Retirement System). Allows any person who was an employee of the board on the date the board makes an irrevocable election to participate in the Retirement System to purchase creditable service for periods of employment with the board before the election if (1) the person is a member in service and (2) the purchase is made on or before December 31, 2018. Limits the amount of creditable service that can be purchased to an amount not to exceed five years. Sets out a new formula for the calculation of the amount that must be paid. Makes additional calcifying changes.

Amends GS 135-56 by adding that on and after January 1, 2019, when membership ceases because a member withdraws his accumulated contributions, the prior service and previous membership service is no longer considered to be creditable service. If a member whose creditable service has been cancelled subsequently returns to membership service and completes five years of membership service after returning, then allows the member to purchase creditable service in an amount corresponding to the total of the membership service associated with the withdrawn contributions, not to exceed five years. Sets out new provisions for calculating the amount that must be paid. Allows an employer to pay all or part of the cost of a service purchase of a member in service and requires that the cost paid by the employer be credited to the pension accumulation fund while the cost paid by the member must be credited to the members’ annuity savings account. Makes conforming changes to make existing law applicable on or before December 31, 2018.

Amends GS 120-4.15 (Article 1 of GS Chapter 120 concerns the Legislative Retirement System) to add that on and after January 1, 2019, repayment of contributions withdrawn from the Legislative Retirement Fund and System must be in an amount equal to the full liability increase due to the additional service credits on the basis of the assumptions used for the purposes of the actuarial valuation of the Retirement System’s liabilities. Excludes the following assumptions specific to this calculation: (1) the allowance must be assumed to start at the earliest age at which the member could retire on an unreduced retirement allowance and (2) assumed annual postretirement allowance increases as set by the Board of Trustees of the Teachers' and State Employees' Retirement System upon the advice of the consulting actuary. Requires that the calculation of the amount payable also include an administrative fee. Allows an employer to pay all or part of the cost of a service purchase of a member in service and requires that the cost paid by the employer be credited to the pension accumulation fund while the cost paid by the member must be credited to the members’ annuity savings account.

Amends GS 120-4.16, concerning the repayments and purchase of service credit, to require that repayments and purchases that are not made within two years after the member becomes eligible be equal to the full liability increase due to the additional service credits on the basis of the assumptions used for the purposes of the actuarial valuation of the Retirement System’s liabilities (was, equal to the full actuarial cost of the additional service credit as defined in GS 135-4). Excludes the following assumptions specific to this calculation: (1) the allowance must be assumed to start at the earliest age at which the member could retire on an unreduced retirement allowance and (2) assumed annual postretirement allowance increases as set by the Board of Trustees of the Teachers' and State Employees' Retirement System upon the advice of the consulting actuary. Requires that the calculation of the amount payable also include an administrative fee.

Amends GS 126-8.5, concerning discontinued service retirement allowances or severance wages that are to be paid when a job is eliminated due to a reduction in force or a State institution is closed and reemployment is not available. Adds that when a discontinued service retirement allowance is approved, in addition to the amount that the employing agency is required to pay to the Administrator of the State Retirement Systems, the employing agency must also add in an amount to be deposited in the Retiree Health Benefit Fund. Sets out the formula for calculating how much must be deposited into the fund. Makes additional clarifying changes and makes language gender neutral.

Amends GS 135-3 and GS 128-24, setting out membership of the relevant system, by deleting the provisions that remove a member who is absent from service for a specified amount of time within a specified time after becoming a member; still provides that a member ceases to be a member only if the member withdraws his accumulated contributions or becomes a beneficiary or dies. Makes conforming changes. Makes language gender neutral.

Requires the Retirement Systems Division of the Department of State Treasurer to accept and process all service purchase request forms, for all service purchases that are required to have been made by December 31, 2018, that are received by the Division on or before that date. 

Section 6

Amends GS 135-5(g) and GS 128-27(g), which set out optional benefit payment allowances, by limiting the following options to only members retiring on or before December 1, 2018: (1) option four, concerning the adjustment of the retirement allowance for social security and (2) option six, which allows a member who has also elected option two (100% reduced retirement benefit paid to named beneficiary) or option three (50% reduced retirement paid to named beneficiary) to add that if the beneficiary dies before the member, the allowance payable to the member after the beneficiary’s death is equal to the allowance that would have been paid had the member not elected the option. Makes additional clarifying and conforming changes.

Section 7

Except as otherwise provided, effective when the act becomes law.

Intro. by Collins, Ross, Dulin, McNeill.GS 128, GS 135, GS 147, GS 150B
H 1089 (2017-2018) CANDIDACY CHALLENGE/EXPUNGED FELONY/SHERIFF (NEW). Filed Jun 7 2018, AN ACT TO REQUIRE THAT THE BURDEN OF PROOF IN CERTAIN CHALLENGES TO CANDIDACY BE PLACED ON THE CHALLENGER UNDER THE LAWS GOVERNING ELECTIONS, TO REQUIRE A CANDIDATE FOR SHERIFF TO DISCLOSE ALL EXPUNGED FELONIES, TO CLARIFY FELONS VOTING WITHOUT RIGHTS OF CITIZENSHIP RESTORED, AND TO REQUEST THE GENERAL ASSEMBLY STUDY THE REGULATION OF DIGITAL COMMUNICATION IN ELECTIONEERING COMMUNICATIONS AND ADVERTISING DISCLOSURES.

Amends GS 163A-1029 to place the burden of proof in a candidacy challenge on the challenger (was, on the candidate) who must show by a preponderance of the evidence of the record as a whole that the candidate is not qualified to be a candidate for the office. Makes an exception for a challenge based on residency. 

Applies to challenges to candidacy on or after the date that the act becomes law.

Intro. by Clampitt.GS 163
H 1092 (2017-2018) CONST. AMENDMENT - REQUIRE PHOTO ID TO VOTE. Filed Jun 7 2018, AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO REQUIRE PHOTO IDENTIFICATION TO VOTE.

Subject to voter approval at the November 2018 election, amends Section 2 of Article VI of the Constitution to require every person offering to vote in person to present photo identification before voting in the manner prescribed by law. If the majority of votes cast approve of the amendment, the amendment is effective upon certification by the Bipartisan State Board of Elections and Ethics Enforcement.

Intro. by T. Moore, Lewis, Presnell, Sauls.CONST

The Daily Bulletin: 2018-06-07

PUBLIC/SENATE BILLS
S 711 (2017-2018) NC FARM ACT OF 2018. Filed May 16 2018, AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS.

House amendments make the following changes to the 3rd edition.

Amendment #1 modifies proposed GS 90-187.3A regarding comity for out-of-state veterinarians and international veterinarians for an international equestrian event. Prohibits the NC Veterinary Medical Board from charging an application fee for the issuance of a license under the statute (previously, required payment of the $150 fee authorized in GS 90-186(6)(e) for issuance). Removes the provision limiting a license issued under (b) to only for treating a horse previously in the nonresident veterinarian's care.

Makes a technical correction to proposed GS 106-701(a3).

Amendment #2 further amends GS 106-741 regarding record notice of a tract's proximity to farmlands. Adds new subsection (d), establishing immunity for realtors and appraisers licensed under GS Chapters 93A or 93E for failure to report to any person the proximity of a tract to a qualifying farm or voluntary agricultural district as defined in Article 61. 

Intro. by B. Jackson, Cook, Sanderson.STUDY, GS 66, GS 90, GS 105, GS 106, GS 120, GS 139, GS 153A
S 735 (2017-2018) VARIOUS OLB AND ADMINISTRATIVE LAW CHANGES. (NEW) Filed May 23 2018, AN ACT TO MAKE VARIOUS OCCUPATIONAL LICENSING BOARD AND ADMINISTRATIVE LAW CHANGES AND TO REQUIRE DISPLAY OF THE NATIONAL MOTTO AND STATE MOTTO IN PUBLIC SCHOOLS AND DIRECTING THE STATE BOARD OF EDUCATION TO GRANT A LICENSE TO PRACTICE AS A SCHOOL PSYCHOLOGIST TO ANY INDIVIDUALS WHO HOLD THE NATIONALLY CERTIFIED SCHOOL PSYCHOLOGIST CREDENTIAL.

Senate committee substitute makes the following changes to the 1st edition.

Changes the act's long and short titles.

Deletes the proposed changes to GS 93B-1, which defined occupational licensing board by providing an exclusive list of occupational licensing boards. Instead, directs the Joint Legislative Administrative Procedure Oversight Committee (Committee) to study whether the definition of occupational licensing board under GS 93B-1 and the definition of occupational licensing agency under GS 150B-2 should be specific lists of occupational licensing boards in order to clarify which state agencies should be considered occupational licensing boards for purposes of GS Chapters 93B and 150B. Directs the Committee to recommend which state agencies should be included under each definition if that determination is made, and report the results of the study to the 2019 General Assembly. 

Modifies the proposed changes to GS 143B-426.39, requiring the State Controller to develop and prescribe a uniform format for financial statements of the annual financial audits (previously, for the reporting of the annual financial audits) required by each licensing board pursuant to GS 93B-2(b). Makes conforming changes.

Modifies the proposed directive to now direct the State Controller to consider whether to integrate occupational licensing board data reports (was, financial audit reports) into any new standard accounting system or accounting software acquired and utilized by the state.

Further amends GS 93B-2, adding to the information the annual report by each occupational licensing board must contain the number of applicants who applied for licensure and the number of the licenses granted pursuant to GS 93B-15.1(k) (licensure for individuals with military training and experience or their spouses, with initial application free of charge).

Makes organizational changes and places the previous provisions, as amended above, into new Part I. Makes conforming changes. Provides that Section 1.8 (effective date provisions) is effective January 1, 2018.

New Part II provides the following.

Repeals GS Chapters 86A (regarding Barbers) and 88A (Electrolysis Practice Act).

Enacts new GS Chapter 86B (Barbers and Electrolysis Act). Prohibits a person from practicing barbering, electrolysis, or laser, light source, or pulsed-light treatments; opening or operating a barbershop or electrologist or laser hair practitioner office; or teaching barbering, electrolysis, or laser, light source, or pulsed-light treatments in a school on or after January 1, 2019, without a state license issued pursuant to the new chapter, with specified exemptions. Makes practice without a license in violation of this Chapter a Class 3 misdemeanor. Defines barber, electrologist/electrolocist and laser hair practitioner, as well as six other terms related to the Chapter. Establishes the NC Board of Barber and Electrolysis Examiners (Board), with seven members appointed by the Governor, to be appointed for three-year terms with initial appointments to be made on or before October 1, 2018, and initial terms to begin on January 1, 2019. Provides Board members are subject to removal by the Governor for good cause. Provides for Board vacancies, the election of Board officers, Board meetings, and compensation of Board members. Prohibits the Board from issuing a license to teach barbering to any Board member during that member's term on the Board. Prohibits a Board member from being employed by the Board for at least one year after that member's term expires. Charges the Board with the administration of GS Chapter 86B and authorizes the Board to investigate violations of the Chapter. Sets forth qualifications for a certificate as a registered barber, a barber apprentice license, an electrologist license, a license as a laser hair practitioner, a barber instructor license, a certificate as an electrology instructor, and a license as a laser hair practitioner instructor. Provides for temporary employment permits for persons who have completed the required hours of a barber school, electrologist school, or laser hair practitioner school, but have not yet taken the required examination, allowing them to practice under the supervision of a registered barber, or an electrologist or laser hair practitioner, as appropriate. Provides for the licensure of applicants licensed and in good standing in other states. Provides for the licensure of barbershops. Authorizes the practice of barbering by licensed individuals outside of barbershops to attend to the needs of sick and disabled individuals, as specified. Provides for the licensing and regulation of barber schools. Requires specified bonds for private barber schools. Provides for certification requirements as a Board-approved school of electrology and as a Board-approved school of laser, light source, or pulsed-light treatments. Directs the Board to conduct examinations for licensure under this Chapter, and to adopt sanitary rules applicable to licensees under this Chapter, as specified. Details license renewal requirements and procedures for expired licenses and licenses with inactive status. Authorizes the Board to take disciplinary actions, including a civil penalty of up to $500, against licensees for violations of the Chapter or rules adopted by the Board. Provides for the Board or the Department of Health and Human Services (DHHS), or any county or district health director, to apply to superior court to enjoin illegal practices under the Chapter or the Board's rules. Specifies exemptions from the Chapter's requirements. Provides two schedules of maximum fees that the Board may charge to pay the costs of the administration of this Article, one related to barbering, and the other related to electrolysis and laser, light source, and pulsed-light treatment.

Provides for the initial appointments to the Board, with (1) four barbers serving on the State Board of Barber Examiners as of December 31, 2018, until their terms expire; (2) one electrologist designated by the Governor serving on the State Board of Electrolysis Examiners as of December 31, 2018, for a three-year term; (3) one physician appointed by the Governor for a two-year term; and (4) one public member appointed by the Governor for a one-year term. Effective when the act becomes law. 

Directs the Board to review the licensing fee limitations and licenses established in Section 2 of this Act, and the fees adopted by the State Board of Barber Examiners and the State Board of Electrolysis Examiners, and determine whether the fee limitations and fees should be reduced, and whether certain licenses should be consolidated or eliminated, and to report its findings and recommendations to the Joint Legislative Administrative Procedure Oversight Committee by March 1, 2019.

Licenses and registrations issued by the State Board of Electrolysis Examiners and the State Board of Barber Examiners, prior to the effective date of this act, remain in full force.

Vests and transfers all of the property and assets owned by the State Board of Electrolysis Examiners and the State Board of Barber Examiners in the newly established Board of Barber and Electrolysis Examiners.

Requires the Department of the State Treasurer to hold funds received in the name of the Board separate from funds received in the name of the Board of Electrolysis Examiners or the Board of Barber Examiners prior to the effective date of the act. 

Rules adopted by the Board of Barber Examiners and the Board of Electrolysis Examiners remain in effect as provided in GS 150B-21.7.

Effective January 1, 2019, and applies to applications for licensure, examination, and renewal submitted on or after that date. 

New Part III provides the following.

Changes the title of GS 150B-21.5 of the Administrative Procedure Act (APA) to Circumstances when notice and rule-making hearing not required; circumstances when submission to the Commission not required.

Amends subsection (a) to provide that an agency is not required to publish a notice of text in the North Carolina Register, hold a public hearing, or submit the amended rule to the Rules Review Commission (Commission) for review (previously, did not except submission of the amended rule to the Commission for review) when the agency proposes to amend a rule to do one of the specified purposes in subsection (a). Provides changes to a few of the specified purposes for which notice, a public hearing, and submission to the Commission for review are not required, which include (1) when the rule is amended to change information that is readily available to the public, such as an address, telephone number, or a web site (previously, did not include a web site) and (2) when the rule is amended to correct a typographical error (previously, correct a typographical error in the North Carolina Administrative Code). Further, moves the sixth purpose excepted in subsection (a) to new subsection (a1) to provide that an agency is not required to publish a notice of text in the Register or hold a public hearing when it proposes to change the rule in response to a request or an objection by the Commission, unless the Commission determines that the change is substantial (note, not excepted from rule submission to the Commission in this circumstance).

Creates new subsection (e) to require any agency that adopts or amends a rule under subsection (a) or (c) of GS 150B-21.5 to notify the Codifier of Rules of its actions. Directs the Codifier of Rules to make the appropriate changes to the North Carolina Administrative Code when notified of such agency action.

Changes the title of GS 150B-21.20 of the APA to Codifier’s authority to revise rules.

Amends the Codifier of Rules’ authority to allow the Codifier, after consulting with the agency that adopted the rule, to revise a rule (previously, revise the form of a rule submitted for inclusion in the North Carolina Administrative Code) to do one or more of the specified objectives. Adds four objectives for which the Codifier may revise a rule: (1) to substitute one name for another when an organization or position is renamed; (2) to correct a citation in the rule to another rule or law when the citation has become inaccurate since the rule was adopted because of the repeal or renumbering of the cited rule or law; (3) to change information that is readily available to the public, such as an address, a telephone number, or a web site; or (4) to correct a typographical error.

Divides existing GS 150B-22 (Settlement; contested case) into two subsections. Additionally, clarifies that a party or person aggrieved cannot be required to petition an agency for rule making or to seek or obtain a declaratory ruling before commencing a contested case under GS 150B-23 (provisions for commencement of a contested case). Makes conforming change to GS 150B-43 (Right to judicial review).

Makes the following changes to the Administrative Procedure Act concerning the periodic review and expiration of existing rules. Eliminates the distinction between rules that are necessary with substantive public interest or necessary without substantive public interest under the provisions of GS 150B-21.3A. Eliminates those defined terms in subsection (a), and instead defines necessary rule to mean any rule other than an unnecessary rule. Makes conforming changes to the definition of public comment to include written comments objecting to an agency's determination of the rule as necessary or unnecessary. Makes conforming changes throughout GS 150B-21.3A to remove any language distinguishing necessary rules with or without substantive public interest. Amends subsection (c) of GS 150B-21.3A, which sets out the review process an agency must conduct of its existing rules at least once every 10 years. Step 1 now requires the agency to evaluate all of its existing rules and submit a report to the Rules Review Commission that includes the agency’s initial determination of whether an existing rule is necessary or unnecessary, all public comments the agency received during the comment period to the agency’s initial determination, and the agency’s response to the public comment. Step 2 of the rule review process requires the Rule Review Commission (Commission) to review the agency reports that are required in Step 1. In its review, the Commission must determine whether a public comment to a rule that the agency determined to be unnecessary in Step 1 has merit, and if the Commission determines that the public comment has merit, then the Commission must designate the rule as necessary. Currently, a public comment only has merit if it addresses the specific substance of a rule and relates to any of the standards for review of a rule by the Commission under GS 150B-21.9(a) (the four standards for review are whether the rule is within the agency’s authority, whether the rule is clear and unambiguous, whether the rule is reasonably necessary, and whether the rule was adopted in accordance with Part 2 of Article 2A of GS Chapter 150B, Adoption of Rules). This act removes the requirement that the public comment has to relate to any of the standards for review by the Commission under GS 150B-21.9(a) to have merit for purposes of Step 2 of the rule review process under GS 150B-21.3A(c)(2). Makes conforming changes. Makes organizational and technical changes to GS 150B-21.3A to combine subsections (e) and (e1), concerning exclusions from the statute's provisions. Makes conforming changes. Applies to agency rule reports submitted to the Office of Administrative Hearings pursuant to GS 150B-21.3A(c)(1), as amended, on or after January 1, 2019.

New Part IV provides the following.

Amends GS 90-625, increasing the number of members on the NC Board of Massage and Bodywork Therapy from seven to nine by adding two members who are persons licensed to operate a massage and bodywork therapy establishment under Article 36, appointed by the General Assembly upon recommendation of one member each by the Speaker and the President Pro Tempore. Provides for the initial appointments of the two new members to be made on or before October 1, 2018, with terms beginning on that date. Provides for the term of the initial member appointed and recommended by the Speaker to end on June 30, 2019, and the term for the initial member appointed and recommended by the President Pro Tempore to end on June 30, 2020. Effective July 1, 2018.

Intro. by Wells, Daniel.STUDY, GS 86A, GS 86B, GS 88A, GS 90, GS 93B, GS 143B, GS 150B

The Daily Bulletin: 2018-06-07

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.

AN ACT TO PERMIT CERTAIN TOWNS TO OPERATE CHARTER SCHOOLS. Enacted June 7, 2018. Effective June 7, 2018.

Intro. by Brawley.Mecklenburg, Union
H 1004 (2017-2018) WRIGHTSVILLE BEACH LOCAL ACT CHANGES. Filed May 23 2018, AN ACT TO MAKE CHANGES TO A LOCAL ACT FOR THE TOWN OF WRIGHTSVILLE BEACH TO ALLOW FOR GREATER PUBLIC ACCESS AND TO PERMIT THE COUNTY OF CHOWAN TO LEASE PROPERTY TO THE BOYS AND GIRLS CLUB.

House amendment makes the following changes to the 2nd edition.

Adds that Chowan County may lease its interest in land on the Old DF Walker Elementary School campus to The Boys and Girls Club of the Albemarle for terms exceeding 10 years without the lease being treated as a sale of property.

Makes conforming changes to the act's long title.

Intro. by Davis.Chowan, New Hanover
H 1090 (2017-2018) AVERY COUNTY FIRE COMMISSION. Filed Jun 7 2018, AN ACT TO REVISE THE AVERY COUNTY FIRE COMMISSION TO ADD AN ADVISORY COMMITTEE.

Amends SL 2003-272, which establishes the Avery County Fire Commission (Commission). Adds new provisions requiring the Commission to be assisted by an advisory committee consisting of the Fire Chiefs of every volunteer fire department located in Avery County or serving a portion of Avery County, and a member of the Avery County Board of Commissioners designated by that body. Requires the county manager to serve as a nonvoting ex officio member of the Commission and a liaison between the advisory committee and the Commission. Directs the advisory committee to meet at least quarterly at a public facility convenient to the public, preferably the County Office Building.

Intro. by Dobson.Avery
H 1091 (2017-2018) NORWOOD CHARTER REVISED & CONSOLIDATED. Filed Jun 7 2018, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF NORWOOD.

Revises and consolidates the Charter of the Town of Norwood (Town) to now consist of five articles with provisions detailing the following: (1) incorporation, corporate powers, and boundaries; (2) the governing body; (3) elections; (4) organization and administration; and (5) public enterprise services. Requires the Town to operate under the mayor-council form of government.

Specifies the purpose of the act and clarifies the intention to continue without interruption the provisions of prior acts that are expressly consolidated into the act so that all rights and liabilities that have accrued are preserved and can be enforced. Clarifies that the act does not repeal or affect any acts concerning the property, affairs, or government of public schools or any acts validating official actions, proceedings, contracts, or obligations of any kind. 

Repeals 13 acts as specified that have either been consolidated into the act or have served the purpose for which they were enacted. Identifies three acts that remain effective as to the Town as if the act had not been enacted, including any amendments thereto. 

Specifies that the act does not repeal any local acts by implication that are otherwise applicable to the Town, nor does it affect any rights or interests that arose under and provisions repealed by the act. Adds that all existing ordinances, resolutions, and other provisions of the Town not inconsistent with the provisions of the act continue in effect until repealed or amended. Provides that no action or proceeding pending on the date the act is ratified by or against the Town or any of its departments or agencies is abated or otherwise affected by the act.

Provides for amendments of the act to reflect statutory references later amended, superseded, or recodifed.

Intro. by Burr.Stanly

The Daily Bulletin: 2018-06-07

LOCAL/SENATE BILLS
S 809 (2017-2018) GREENSBORO CRIMINAL JUSTICE ADVISORY COMM. Filed Jun 7 2018, AN ACT AUTHORIZING THE CITY OF GREENSBORO TO DISCLOSE LIMITED PERSONNEL INFORMATION CONCERNING THE DISPOSITION OF DISCIPLINARY CHARGES AGAINST A POLICE OFFICER TO A BOARD OR COMMITTEE DESIGNATED BY THE CITY COUNCIL TO PROVIDE CITIZEN REVIEW OF THE POLICE DISCIPLINARY PROCESS.

Identical to H 1085, filed 6/6/18.

Applicable to the City of Greensboro only, amends GS 160A-168 as previously amended by SL 2001-20, authorizing the city manager or the city chief of police, or their designees, to release the disposition of disciplinary charges and the surrounding facts relied upon in that determination against a police officer to any board or committee designated by the city council to provide citizen review of the police disciplinary process (previously, specified release to the Human Relations Commission Complaint Subcommittee). Further authorizes the city manager or the city chief of police, or their designees, and the designated board or committee to release the disposition of the disciplinary charges and the surrounding facts relied upon in that determination to the person alleged to have been aggrieved by the officer's actions or that person's survivor (previously, only the city manager and the city chief of police, or their designees, can make the release, and the release was limited to the disposition of the disciplinary charges only). Makes conforming changes to require the members of the designated board or committee rather than the members of the Human Relations Commission Complaint Subcommittee to maintain confidentiality and execute confidentiality agreements as previously described.  

Intro. by Robinson.Guilford
S 810 (2017-2018) WEATHER ACCOMMODATE CERTAIN COUNTIES. Filed Jun 7 2018, AN ACT TO PROVIDE SCHOOL CALENDAR ACCOMMODATION TO CERTAIN COUNTIES FOR EXTRAORDINARY CONDITIONS.

Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute and provides for the State Board of Education (State Board) to waive the specified date requirements upon a showing of good cause.

Amends GS 115C-84.2(d) to provide the local boards of education for the Stokes, Surry, and Wilkes school administrative units with additional flexibility in adopting their school calendars. Establishes that if, during any four of the last 10 years, the number of days closed per year is eight days or greater because of severe weather conditions, energy shortages, power failures, or other emergency situations, the State Board may waive the requirement that the opening date for students be no earlier than the Monday closest to August 26, and allow the local board of education to set an earlier opening date as follows: (1) if the number of days closed per year is eight, nine, 10, 11, or 12, the opening date must be no earlier than the Monday closest to August 12; and (2) if the number of days closed per year is 13 or greater, the opening date must be no earlier than the Monday closest to August 5. Makes conforming changes. Applies beginning with the 2018-19 school year.

Intro. by Randleman.Stokes, Surry, Wilkes
ACTIONS ON BILLS

Actions on Bills: 2018-06-07

PUBLIC BILLS

H 92: CHEROKEE REG. PLATE/TEACHING AGREEMENT. (NEW)

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 223: SPECIAL PLATES/HANDICAPPED PLACARD RENEWAL. (NEW)

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

H 273: CHARTER SCHOOLS IN STATE HEALTH PLAN.

    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 325: AMEND ARSON LAW/PROSECUTOR FUNDS.

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

H 361: SUPPORT SHELLFISH INDUSTRY (NEW).

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/11/2018

H 379: RECODIFICATION WORKING GROUP. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 382: DOI OMNIBUS-AB (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 414: SWAIN COUNTY/OFFICIAL FLY FISHING MUSEUM (NEW).

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 500: ABC OMNIBUS LEGISLATION.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

H 519: TRI-COUNTY CC/NEIGHBOR STATE IN-STATE TUITION.

    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 529: AMEND FUNERAL LAWS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 573: BUSINESS/REGULATORY CHANGES. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 670: PROTECT EDUCATIONAL PROPERTY.

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

H 688: CERTAIN APPEALS ALLOWED/CLARIFY DISP. ORDERS (NEW).

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

H 717: JUDICIAL ELECTIONS CHANGES. (NEW)

    House: Failed Concur In S Com Sub
    House: Conf Com Appointed

H 810: LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 935: ADD PIEDMONT COMMUNITY CHARTER SCHOOL TO SHP.

    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 945: RAPE EVIDENCE COLLECTION KIT TRACKING ACT.

    House: Passed 2nd Reading

H 948: BUILDING CODE REGULATORY REFORM.

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

H 960: LOCAL LAW ENFORCEMENT/CITIZENS ACADEMIES.

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/12/2018

H 961: REQUIRED TRAINING POLICE TELECOMMUNICATORS.

    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 963: CLARIFY PREVENTION/EMERGENCY MANAGEMENT ACT.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    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 965: NATIONAL AND STATE MOTTOS IN SCHOOLS ACT.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    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 967: TELEMEDICINE POLICY.

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 970: WORLD WAR II HERITAGE CITIES.

    House: Adopted

H 981: STATE AS A MODEL EMPLOYER/IDD.

    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 998: IMPROVING NC RURAL HEALTH (NEW).

    House: Amend Adopted A1
    House: Amend Failed A2
    House: Passed 2nd Reading

H 1002: MEDICAL EDUCATION & RESIDENCY STUDY.

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 1010: BUILD NC BOND ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)

H 1022: COLLABORATIVE LAW.

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 1029: BIPARTISAN STATE BOARD CHANGES (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 1040: AMEND SUM EJECT SERVICE/ALLOW PROCESS SERVER.

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 1047: LRC HOA DISPUTE RESOLUTION/PED STUDY.

    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 1054: UNC CAPITAL PROJECTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 1055: RETIREMENT COMPLEXITY REDUCTION ACT OF 2018.-AB

    House: Withdrawn From Com
    House: Re-ref Com On Finance

H 1056: FAIR 2018.-AB

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 1089: CANDIDACY CHALLENGE/EXPUNGED FELONY/SHERIFF (NEW).

    House: Filed
    House: Filed

H 1092: CONST. AMENDMENT - REQUIRE PHOTO ID TO VOTE.

    House: Filed

S 99: APPROPRIATIONS ACT OF 2018. (NEW)

    Senate: Placed on Today's Calendar
    Senate: Veto Overridden
    House: Veto Received From Senate
    House: Cal Pursuant Rule 44.2 (b)
    House: Placed On Cal For 06/12/2018

S 462: CHANGE NAME OF UNC GENERAL ADMINISTRATION. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub

S 711: NC FARM ACT OF 2018.

    Senate: Amend Adopted A1
    Senate: Amend Adopted A2
    Senate: Passed 2nd Reading

S 721: REQUIRED TRAINING POLICE TELECOMMUNICATORS.

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

S 723: CLARIFY PREVENTION/EMERGENCY MANAGEMENT ACT.

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

S 727: RAPE EVIDENCE COLLECTION KIT TRACKING ACT.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Judiciary I

S 735: VARIOUS OLB AND ADMINISTRATIVE LAW CHANGES. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 759: DOA EFFICIENCY/PED.

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

S 768: PEOPLE FIRST LANGUAGE 2018.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Judiciary I

Actions on Bills: 2018-06-07

LOCAL BILLS

H 514: PERMIT MUNICIPAL CHARTER SCHOOL/CERTAIN TOWNS.

    Ratified
    Ch. SL 2018-3

H 929: RECREATION SERVICE DISTRICT - JOHNSTON COUNTY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 971: WINSTON-SALEM DEANNEXATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 993: BESSEMER CITY CHARTER AMENDMENT.

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

H 995: WINSTON-SALEM/WC/THIRD-PARTY ADMIN DEF.

    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 996: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.

    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 1004: WRIGHTSVILLE BEACH LOCAL ACT CHANGES.

    House: Amend Adopted A1
    House: Passed 2nd Reading

H 1017: MOORE/STANLY COUNTY LOCAL SALES TAX USE RESTRICTION (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/11/2018

H 1027: BALD HEAD ISLAND/NO-WAKE ZONE. (NEW)

    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 1028: OAK ISLAND 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 1080: GUILFORD CO. ANIMAL CONTROL RECORDS.

    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 1085: GREENSBORO CRIMINAL JUSTICE ADVISORY COMM.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 1086: COUNTIES/INTERNET INFRASTRUCTURE.

    House: Passed 1st Reading
    House: Ref To Com On State and Local Government II
    House: Withdrawn From Com
    House: Re-ref to the Com on Appropriations, if favorable, Finance

H 1087: ASHEVILLE/BODY-WORN CAMERAS.

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

H 1090: AVERY COUNTY FIRE COMMISSION.

    House: Filed

H 1091: NORWOOD CHARTER REVISED & CONSOLIDATED.

    House: Filed

S 740: SCOTLAND CO. REGISTER OF DEEDS TAX CERT.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On State and Local Government I

S 753: FRANKLIN & WAKE/DAILY DEPOSITS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On State and Local Government I

S 802: MINERAL SPRINGS DEANNEXATIONS (NEW).

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

S 807: EXTEND SUNSET/BUNCOMBE CO./CC PROJECTS.

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

S 808: DOMESTIC VIOLENCE FATALITY REVIEW IN BUNCOMBE (NEW).

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

S 809: GREENSBORO CRIMINAL JUSTICE ADVISORY COMM.

    Senate: Filed

S 810: WEATHER ACCOMMODATE CERTAIN COUNTIES.

    Senate: Filed

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