Senate committee substitute makes the following changes to the 1st edition.
Amends the Speaker's recommendations by adding in home counties for Representatives Torbett and Fraley.
New Part II appoints the specified persons to the following boards and commissions upon the recommendation of the President Pro Tempore, effective on the specified dates, with terms expiring as provided: NC State University Board of Trustees, License to Give Trust Fund Commission, Domestic Violence Commission, Education Commission of the States, North Carolina Locksmith Licensing Board, North Carolina Interpreters and Transliterators Licensing Board, North Carolina Partnership for Children Inc. Board of Directors, North Carolina Education and Workforce Innovation Commission, Board of Trustees of the State Health Plan for Teachers and State Employees, North Carolina Commission on Indigent Defense Services, North Carolina Brain Injury Advisory Council, and the North Carolina Charter Schools Advisory Board.
Amends the appointment to the North Carolina Respiratory Care Board in SL 2016-70 by extending the expiration of the term from June 30, 2019, to November 30, 2019. Amends multiple sections in SL 2017-75 to remove the appointment of Leigh T. Brown and extend the expiration of the terms of the remaining named appointees to the North Carolina Housing Finance Agency Board of Directors from 2019 to 2021, extend the term for the appointee to the Outdoor Heritage Advisory Council by one year, and extend the term of the appointee to the State Board of Proprietary Schools by two years and make a technical change. Amends SL 2017-213 by extending the term of the appointee to the North Carolina Sheriff's Education and Training Standards Commission by one year. Amends SL 2018-127 by changing the effective date of the appointment to the North Carolina Human Resources Commission to July 1, 2018 (was, January 1, 2019) and changes the expiration of the term to June 30, 2022 (was, December 31, 2022).
Makes conforming changes to the act's long title.
The Daily Bulletin: 2018-12-03
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The Daily Bulletin: 2018-12-03
| Intro. by Rules, Calendar, and Operations of the House. | UNCODIFIED |
To be summarized.
As title indicates.
| Intro. by Hardister, Faircloth, Blust, Harrison. | HOUSE RES |
Part I
Directs the Revisor of Statutes to recodify Articles 15 through 22 and Article 27 of GS Chapter 163A, and any other existing, related law, into new GS Chapter 147B, entitled Election Administration. Provides for the new Chapter’s structure.
Establishes the State Board of Election Administration (SBEA), consisting of five registered voters appointed by the Governor for four-year terms. Provides for member qualifications, appointment, terms, removal, oath, and reimbursement. Further provides parameters for SBEA meetings and powers, including the power to issue subpoenas, summon witnesses, and compel production of evidence as specified. Creates the position of Executive Director of the SBEA who is appointed by the SBEA for a two-year term. Provides for the payment, qualifications and duties of the Executive Director.
Repeals the following statutes creating and providing for the Bipartisan State Board of Elections and Ethics Enforcement: GS 163A-1, GS 163A-2, GS 163A-3, GS 163A-4, and GS 163A-6.
Amends GS 163A-766, reducing the number of registered voters making up each county’s board of elections from four to three persons and prohibiting no more than two members from belonging to the same political party (under current law, two members are to be of the political party with the highest number of registered affiliates and two are to be of the political party with the second highest number of affiliates). Makes technical changes. Amends GS 163A-767 to make conforming changes concerning county board of elections meetings to reflect the proposed reduction in members.
Amends GS 163A-1181, permitting the SBEA to order a new election upon agreement of at least three of its members (current law requires at least five) in the specified situations under current law.
Maintains validity of any assignment of duties and function related to election administration from the Governor and General Assembly to the Bipartisan State Board of Elections and Ethics Enforcement. Provides for the continuation of each enumerated commission, board, or other function of state government transferred to the SBEA for purposes of succession to all the rights, powers, duties, and obligations of the former. Charges the SBEA with exercising the functions of former named entities referred to by law, contract, or other document.
Allows for any business or other matter undertaken or commanded by any state program, office, or contract transferred to the Bipartisan State Board of Elections and Ethics Enforcement pertaining to the functions, power, obligations, and duties set forth in the act that is pending on January 1, 2017, or after to be conducted and completed by the SBEA in the same manner and under the same terms and conditions.
Provides that the act’s reorganization and consolidation does not effect any ongoing investigation or audit related to election administration. Transfers any ongoing proceeding before the State Ethics Commission, the State Board or Elections, or the Bipartisan State Board of Elections and Ethics Enforcement on or after January 1, 2017, to the SBEA. Provides that prosecutions for offenses or violations committed before January 1, 2017, are not affected by the act.
Provides for the continued effectiveness of rules adopted by the State Board of Elections and the Bipartisan State Board of Elections and Ethics Enforcement as provided in GS 150B-21.7, and policies, procedures, and guidance until amended or repealed by the SBEA.
Transfers all authority, powers, duties and fuctions, records, personnel, property, and unexpended balances of funds of the Bipartisan State Board of Elections and Ethics Enforcement related to election administration to the SBEA. Designates the Director of the Budget to resolve any disputes arising from the transfer. Transfers the appropriations and resources of the Bipartisan State Board of Elections and Ethics Enforcement related to election administration to the SBEA as a Type I transfer under GS 143-6.
Requires the SBEA to report to the specified NCGA committees on or before March 1, 2019, and again on or before April 1, 2020, to recommend statutory changes necessary for implementation.
Part II
Directs the Revisor of Statues to recodify Articles 5 through 9 and Articles 23 through 26 of GS Chapter 163A, and any other existing, related law into new GS Chapter 138B, entitled Ethics, Lobbying, and Campaign Finance. Provides for the new Chapter’s structure.
Establishes the State Board of Ethics, Lobbying, and Campaign Finance (Board), consisting of eight members serving four-year terms. Provides for the appointment of four members by the Governor and four members by the General Assembly with two upon recommendation of the Speaker and two upon recommendation of the President Pro Tempore. Provides for a split political makeup of the eight members and sets forth parameters for initial member terms. Further provides for member qualification, removal, vacancies, oath, and reimbursement. Sets parameters for Board meetings, staff and offices.
Amends GS 163A-156(c) and GS 163A-1440(7), concerning the institution of ethics or campaign finance proceedings, now providing that the Board must initiate an inquiry or make investigations, respectively, as previously provided upon a complaint signed and sworn under oath or affirmation (under current law, the Board can begin ethics proceedings in response to a signed complaint of any individual filed with the Board, and make investigations upon complaint under oath by any registered voter).
Amends GS 163A-1451(f), removing the notification and consultation with the district attorney requirement after the Board assesses a civil penalty or imposes a civil remedy under the statute. Instead, requires the decision of the Board be referred to the Office of Administrative Hearings for an administrative hearing under Article 3 of GS Chapter 150B.
Amends GS 163A-1445, requiring the Board to report possible violations of campaign finance regulations (Article 23 of GS Chapter 163A) to the district attorney of the prosecutorial district in which the candidate for nomination or election resides in the case of a candidate for nomination or election to the office of Governor, Lt. Governor, cabinet offices, all other state elective offices, justices and judges, and district attorney of superior court (previously, reported to the DA of the prosecutorial district in which the candidate resides).
Similarly to GS 163A-156(c) and GS 163A-1440(7), amends GS 120-103.1, requiring the Legislative Ethics Committee to conduct an investigation as previously specified upon receipt of a signed and sworn, under oath or affirmation, allegation of unethical conduct (under current law, upon receipt of a signed and sworn allegation of unethical conduct).
Part III
As title indicates, repeals the following statutes, which establish appointment structures for certain boards and commissions, effective June 30, 2019:
- GS 143B-168.4 (Child Care Commission),
- GS 143B-135.240 (Clean Water Management Trust Fund Board of Trustees),
- GS 143B-135.202 (North Carolina Parks and Recreation Authority),
- GS 74C-4 (Private Protective Services Board),
- GS 143B-472.128(a)-(i) (Rural Infrastructure Authority), and
- GS 143-135.25 (State Building Commission).
Designates the Department of Natural and Cultural Resources to serve as the successor-in-interest for all outstanding instruments payable to the Clean Water Management Trust Fund Board of Trustees, and the Rural Economic Development Division to serve the same for all outstanding instruments payable to the Rural Infrastructure Authority.
Part IV
Repeals Article 4A of GS Chapter 147, the Constitutional Amendments Publication Commission.
Part V
Repeals Sections 3 through 21 of SL 2017-6, creating the Bipartisan State Board of Elections and Ethics Enforcement.
Repeals Part VIII of SL 2018-2, amending the Governor’s control over the Bipartisan State Board of Elections and Ethics Enforcement.
Grants the Revisor of Statutes authorities regarding changing references, modifying citations, and the like to reflect the act’s changes. Requires the Revisor to consult with the Bipartisan Sate Board of Elections and Ethics Enforcement, the new SBEA, and the new Board on this recodification.
Provides a severability clause.
The Daily Bulletin: 2018-12-03
House committee substitute makes the following changes to the 4th edition.
Changes the act's long and short titles.
Part I
Changes the statutory number for the proposed provisions regarding forfeiture of retirement benefits for conviction on impeachment of removal from office of justices and judges, now GS 135-75.1C.
Amends GS 135-75.1B (enacted in SL 2018-52), to also prohibit any members whose retirement benefits have been forfeited under new GS 135-75.1C from subsequently purchasing or repurchasing either those forfeited benefits or any associated creditable membership service associated.
Amends proposed GS 135-56(k), adjusting the date by which a justice or judge who is in service and has vested in the Judicial Retirement System is not entitled to any creditable service if convicted on impeachment or removed from office for acts committed after that date, to now be October 1, 2019 (was, December 1, 2017).
Changes the effective date for the provisions of Part I to now be October 1, 2019 (was, December 1, 2017).
Part III
Makes technical changes to the proposed changes to GS 135-5(a3) and GS 128-27(a3), concerning the anti-pension-spiking contribution based benefit cap for retirement allowances provided by the Retirement Systems for Teachers and State Employees and Local Government, to reflect the changes enacted to those statutes in SL 2018-22.
Makes clarifying and technical changes to the proposed changes to GS 135-6(l) and GS 128-28(m), concerning the duties of a designated actuary in each System. Further specifies that the described studies, assumptions and rates used by the actuary set out in the actuary's periodic reports, annual valuations of System assets, or other materials provided to the Board of Trustees, once accepted by the Board, are considered part of the Plan documentation governing the System and effective the first date of the month following adoption, unless a different date is specified in the adopting resolution and that effective date is after the adoption date.
Changes the effective date provision for Part III. Provides that the provisions of this Part are effective January 1, 2019, and apply to calculations on or after that date, if HB 1055 of the 2017 Regular Session (Retirement Complexity Reduction Act of 2018) does not become law. Provides that if HB 1055 does become law, then the proposed changes to GS 135-6(l) and GS 128-28(m), concerning the duties of a designated actuary in each System, become effective on the date that Section 1 of HB 1055 becomes effective (effective when becomes law; contains identical proposed changes to those statutes) and apply to calculations on or after that date, and proposed changes to GS 135-5(a3) and GS 128-27(a3), concerning the anti-pension-spiking contribution based benefit caps in each System, become effective January 1, 2019, and apply to calculations on or after that date.
Part IV
Makes organizational changes and adds to the proposed rule making exemption for the Boards of the Teachers and State Employees and Local Government Retirement Systems, GS 150B-1(d)(29). Now includes in the exemption the Boards' adoption of asset smoothing methods, actuarial cost methods, and amortization policies after presentation of the actuary's recommendations.
Makes clarifying and technical changes to the proposed changes to GS 135-6(n) and GS 128-28(o), expressly requiring the Board of Trustees of each System to adopt for each System necessary contribution-based benefit cap factors in addition to mortality and service tables required to be adopted upon recommendations from the actuary based on the five-year actuarial investigation and valuation.
Changes the effective date for the provisions of Part IV. Provides that the provisions of this Part are effective January 1, 2019, and apply to actuarial tables, assumptions, and contribution-based cap factors changed on or after that date and actuarial investigations and calculations made on or after that date, if HB 1055 of the 2017 Regular Session (Retirement Complexity Reduction Act of 2018) does not become law. Provides that if HB 1055 does become law, then the proposed changes become effective on the date that Section 1 of HB 1055 becomes effective (effective when becomes law; contains identical proposed changes to the statutes) and apply to actuarial tables, assumptions, and contribution-based cap factors changed on or after that date and actuarial investigations and calculations made on or after that date.
Part V
Amends GS 135-4 and GS 135-1.1 (concerning the Retirement System for Teachers and State Employees), GS 128-26 (concerning the Retirement System for Counties, Cities, and Towns), GS 135-56 (concerning the Judicial Retirement System), GS 120-4.15 (concerning the Legislative Retirement System), pushing back the service purchase provision effective date to the specified dates, but only if HB 1055 of the 2017 Regular Session (Retirement Complexity Reduction Act of 2018; Section 5 of the act amends the same statutes as Part V of this act) becomes law.
Amends Section 5.(k) of HB 1055 (2017), requiring 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 June 30, 2019 (currently, December 31, 2018), that are received by the Division on or before that date.
Adds that if HB 1055 of the 2017 Regular Session becomes law, the provisions of Part V become effective on the date Section 5 of HB 1055 becomes law.
Part VI
Amends GS 135-5 (concerning the Retirement System for Teachers and State Employees) and GS 128-27 (concerning Coverage of Governmental Employees under Title II of the Social Security Act), changing the optional retirement allowance elections by delaying the triggering date, as specified, but only if HB 1055 of the 2017 Regular Session (Retirement Complexity Reduction Act of 2018; Section 6 of the act amends the same statutes as Part VII of this act) becomes law.
Adds that if HB 1055 of the 2017 Regular Session becomes law, the provisions of Part V become effective on the date Section 6 of HB 1055 becomes law.
Part VII
Amends Section 3(b) of SL 2018-84, providing for a five-year sunset of the changes to GS 135-5.3(f) in that act, which require a charter school ceasing participation in the retirement system for teachers and state employees to pay withdrawal liability in a lump sum or installment payment plan under which the Retirement System would have a lien on the real property of the charter school. Allows charter schools entering a withdrawal of liability payment plan prior to the sunset date a full three years to complete the payment plan with lien priority applicable during the entire period of the payment plan. (The act provides alternate but substantively identical provisions depending on whether HB 1055 of the 2017 Regular Session becomes law).
Part VIII
Amends GS 135-5 and GS 128-27, changing the date of retirement from service determinant from July 1, 2018, to July 1, 2019, for the retirement allowances of members of the Retirement Systems for Teachers and State Employees and Local Government. Effective July 1, 2019.
AN ACT TO MODIFY THE PER JOB CAP FOR PURPOSES OF CERTAIN JOB DEVELOPMENT INCENTIVE GRANT AWARDS. Enacted December 3, 2018. Effective December 3, 2018.
| Intro. by Tillman, Newton, Alexander. | GS 143B |
AN ACT TO PROVIDE ADDITIONAL DISASTER RELIEF IN RESPONSE TO HURRICANE FLORENCE. Enacted December 3, 2018. Effective December 3, 2018, except as otherwise provided.
| Intro. by Brown, B. Jackson. | GS 7A |
As title indicates, amends SL 2018-136 to extend the deadline from December 10, 2018, to December 20, 2018.
| Intro. by B. Jackson. | UNCODIFIED |
Section 1
Amends GS 135-5 (Retirement System for Teachers and State Employees) and GS 128-27 (Retirement System for Counties, Cities and Towns) by extending the triggering date for retirement allowance provisions from July 1, 2018, to July 1, 2019. Effective July 1, 2019.
Section 2
Specifies that the grant-in-aid provided to Patriot's Charity in the specified budget code is to be provided to Patriot Military Family Foundation.
Amends SL 2018-5, Section 26.3, as amended, to provide that the allocation of the $3,165,308 to the Office of State Budget and Management (OSBM) is to include an allocation to provide law enforcement grant-in-aid in the amount of $15,000 to the Bryson City Fire Department for equipment upgrades (was, $15,000 to the Bryson City Police Department for a K-9 transport unit).
Section 3
Amends Section 6.2 of SL 2018-5 by adding a prohibition on state agencies administering funds for a non-state entity that is subject to GS 143C-6-23 (State grant funds: administration; oversight and reporting requirements) from requiring as a condition for receipt of the funds submission of a document certifying that (1) it is an organization that is exempt from taxation or (2) it is a nonprofit organization, unless specifically required by state or federal law.
Requires OSBM to review its rules governing disbursement of State funds to non-state entities to determine if its rules comply with GS 143C-6-23 and report to the specified NCGA committees and division by March 1, 2019.
Section 4
Amends Section 3 of SL 2018-121 to set the total number of assistant district attorneys in District 28 at six instead of nine.
Amends GS 25A-10 by amending the definition of official fees under the Retail Installment Sales Act to include fees and charges set by law that are or will be paid to public officials or any other person (was, public officials only) for determining the existence of or for perfecting, releasing, or satisfying a security interest related to a consumer credit sale; specifically includes any lien notation fee.
Amends GS 25A-15, concerning finance charge rates for consumer credit installment sale contracts, by adding that a consumer credit installment sale contract may be either precomputed or interest bearing. All balances due under such a contract from any person as a buyer or as an endorser, guarantor, or surety for any buyer is to be considered a part of the amount financed with regard to the contract when computing interest or charges. Provides that the finance charge rates are simple interest rates (was, are the rate that are required to be disclosed by the Consumer Credit Protection Act). Amends the caps on the finance charge rates for a consumer credit installment sales contract.
Applies to contracts entered into, renewed, or modified on or after October 1, 2019.
| Intro. by D. Davis, Gunn. | GS 25A |
Amends GS 25-3-506 by increasing the maximum amount that may be charged by a person who accepts a check as a processing fee on a returned check from $25 to $35. Effective October 1, 2019.
| Intro. by D. Davis, Gunn. | GS 25 |
Amends GS 53-176 by changing the maximum amounts that a licensee may charge as a processing fee on a loan. Allows a fee not to exceed $50 for loans up to $5,000 and 1% of the cash advance for loans above $5,000 (was, not to exceed $25 for loans up to $2,500 and 1% of the cash advance for loans above $2,500 not to exceed a total of $40). Prohibits the charges (was, the charges may) from being assessed more than twice in 12 months. Applies to contracts entered into, renewed, or modified on or after October 1, 2019.
| Intro. by D. Davis, Gunn. | GS 53 |
The Daily Bulletin: 2018-12-03
House committee substitute makes the following changes to the 1st edition.
Changes the name of the fire protection district to the Ten-Ten (Fairview) (was, Fairview only) fire protection district. Adds that the proceeds of the reestablished tax collected within the boundaries of the Ten-Ten (Fairview) fire protection district, less the cost of administering and collecting the tax (not to exceed two percent) of the amount collected each year must be remitted to the special fund described in GS 69-25.7. Makes additional clarifying changes.
Amends GS 69-25.7 by reinstating the language deleted in the previous edition and limiting the scope of those provisions to fire protection in portions of Wake County excluding the Ten-Ten (Fairview) fire protection district. Makes organizational changes but retains the provisions requiring the special fund for the tax to be administered to provide protection within the Ten-Ten (Fairview) fire protection district by the Fairview Fire Protection District Commission with appointments and terms as previously specified. These provisions apply to the portion of Wake County designated as of the effective date of the act within the boundaries of the Ten-Ten (Fairview) fire protection district.
| Intro. by Dollar. | Wake |
The Daily Bulletin: 2018-12-03
Actions on Bills: 2018-12-03
H 1025: GSC TECHNICAL CORRECTIONS 2018.
H 1108: PED/INMATE PHARMACY PURCHASING/MONITORING.
H 1111: ADDITIONS & CORRECTIONS TO 2018 APPOINTMENTS.
H 1113: HURRICANE FLORENCE/SUPPLEMENTAL ACT.
H 1114: CHANGE BURDEN OF PROOF/CANDIDACY CHALLENGE.
H 1115: LET NORTH CAROLINA VOTE ACT.
H 1116: HONOR JARED FRANKS, FALLEN POLICE OFFICER.
H 1117: RESTRUCTURE ELECTION ADMIN/ETHICS/LOBBYING/CF.
S 117: FORFEIT. RETMT/ANTI-SPIKING/SERV. PURCH/TC. (NEW).
S 820: HIGH-PAY JDIG JOB CAP MODIFICATION.
S 823: HURRICANE FLORENCE/SUPPLEMENTAL ACT.
S 826: CONFIRM CRAIG CROOM/SPECIAL SUPERIOR CT JUDGE.
S 827: EXTEND AGRICULTURAL DISASTER PROGRAM DEADLINE.
S 828: TECHNICAL CORRECTIONS.
S 829: RETAIL INSTALLMENT SALES ACT AMENDMENTS.
S 830: AMEND/PROCESSING FEE FOR RETURNED CHECK.
S 831: CONSUMER FINANCE ACT AMENDMENTS.
Actions on Bills: 2018-12-03
H 1109: MACON/CLAY/NO RIGHT-OF-WAY SPOTLIGHTING.
H 1110: TEN-TEN FIRE DISTRICT GOVERNANCE.
H 1112: CHINA GROVE SATELLITE ANNEXATIONS.
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