Subject to approval by the voters at the March 2020 primary election, amends Article I of the North Carolina Constitution by adding a new Sec. 39 to prohibit the taking by eminent domain of private property except for a public use only. Directs that just compensation be paid to the private property owner and provides that either party may request that the amount of just compensation be determined by a jury. Provides that if the majority of votes are in favor of the amendment, the State Board of Elections is to certify the amendment to the Secretary of State and the amendment will become effective upon certification and apply to takings of private property by eminent domain after the certification date.
Amends GS 40A-3(a), (b), and (b1) to restrict private condemnors and local public condemnors to exercising the power of eminent domain for a public use only (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to include corporations, bodies politic, or persons exercising eminent domain for communication facilities (previously, specified telegraphs and telephones), facilities related to the distribution of natural gas, and pipelines or mains for the transportation of natural gas (was, gas). Makes additional clarifying changes.
Also amends subsection (c) to limit takings by political entities (other public condemnors) to the exercise of eminent domain for public use only (was, public use or benefit).
Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this statute, for the public use, have the power of eminent domain and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.
Changes to GS 40A-3 are effective when the act becomes law, applying to takings occurring on or after that date.
The Daily Bulletin: 2019-01-30
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The Daily Bulletin: 2019-01-30
Section 1
Repeals Section 3 of SL 2013-5, which prohibited any State entity from expanding Medicaid eligibility as provided in PL 111-148 (the Affordable Care Act) and SL 2011-145.
Section 2
Enacts GS 108A-54.3B, providing criteria under which individuals are considered part of the Medicaid coverage gap and are eligible for Medicaid benefits through an Alternative Benefit Plan established by the Department of Health and Human Services (DHHS), unless the individual is exempt from mandatory enrollment in an Alternative Benefit Plan under 42 CFR 440.315. Eligibility is based on income, age, and ineligibility for enrollment in described Medicaid coverage. Mandates that co-payments for benefits provided under the Alternative Benefit Plan must be the same as those required for Medicaid beneficiaries not under the Alternative Benefit Plan.
Directs DHHS to provide coverage to individuals eligible under new GS 108A-54.3B, consistent with SL 2015-245, as amended (Medicaid Transformation and Reorganization).
The above provisions are effective on the date that capitated coverage begins as required under SL 2015-245, as amended.
Section 3
Specifies the intent of the General Assembly to enact legislation during the 2019 Regular Session to replace the Hospital Provider Assessment Act (Article 7, GS Chapter 108A) with a similar hospital provider assessment that will impose an assessment to pay for the State share of the program and administrative costs associated with Medicaid expansion.
| Intro. by Adcock, Cunningham, Insko, Farmer-Butterfield. | GS 108A |
Amends GS 115D-39, authorizing Tri-County Community College to charge in-state tuition to residents of states bordering NC who live in counties that are contiguous to Cherokee, Clay, or Graham counties. Requires Tri-County Community College to ensure that these out-of-state students who are eligible for in-state tuition do not displace in-State students seeking to enroll. Makes conforming changes. Applies beginning with the 2019-20 academic year.
| Intro. by Corbin. | GS 115D |
Repeals Section 3(a) through (e) of SL 2015-170, which enacted GS 100-2.1, setting out provisions concerning limitations on removal of objects of remembrance, and amended GS 100-2, concerning State approval of memorials, monuments, and works of art and GS 160A-400.13, concerning the protection of objects of remembrance and historic landmarks.
| Intro. by Harrison, Terry, Morey, Alexander. | UNCODIFIED |
Amends Rule 27 of the 2019 House Temporary Rules by adding two new standing committees, the Banking Committee and the Homeless, Foster Care, and Dependency Committee. Also removes the Education Committee.
| Intro. by Lewis. | HOUSE RES |
Amends GS 143B-168.4, concerning the Child Care Commission as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Makes related conforming and clarifying changes. Amends the terms of the appointees. Amends the term of the initial committee chair. Adds that members can be removed under GS 143B-13(d), which allows any member of a commission to be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance. Makes other technical changes.
Amends GS 143B-135.240, concerning the Clean Water Management Trust Fund Board of Trustees as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Specifies the terms of the members. Adds that members can be removed under GS 143B-16, which allows any member of a board, council, or committee to be removed from office by the Governor for misfeasance, malfeasance, or nonfeasance. Makes related conforming and clarifying changes.
Amends GS 143B-135.202 concerning the North Carolina Parks and Recreation Authority as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Makes related conforming and clarifying changes. Amends the terms of the appointees.
Amends GS 74C-4 concerning the Private Protective Services Board as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Requires that three of the Governor's appointees be licensees under GS Chapter 74C (Private Protective Services). Sets out the terms of the appointees. Makes other technical changes.
Amends GS 143B-472.128 concerning the Rural Infrastructure Authority as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Amends the terms of the appointees.
Amends GS 143-135.25 concerning the State Building Commission as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Amends the terms of the appointees. Adds that members can be removed under GS 143B-13(d), which allows any member of a commission to be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance. Makes other technical changes.
Effective July 1, 2019. Specifies that all rules, regulations, and decisions made by the predecessor boards, commissions, and authorities reconstituted in this act remain in full force and effect until and unless duly modified by the successor entities.
| Intro. by McGrady, Torbett, Ross, Harrison. | GS 143B |
Adopts the permanent rules of the House of Representatives, which are the same as the temporary rules adopted in H1, with the following changes.
Amends Rule 1, providing that no votes may be taken on April 22 through April 26 of 2019 or July 1 through July 6 of 2019, other than votes on motions to approve the journal or adjourn.
Amends Rule 4, removing language requiring the appearance of a quorum before the Speaker can call for the Journal report.
Modifies Rule 5, adding to the order of business of the day: reports of permanent subcommittees, reports of referral by standing committee chairs of bills to permanent subcommittees, and reports of referral by permanent subcommittee chairs of bills to the standing committee.
Makes organizational and clarifying changes to Rule 8.1. Modifies language to refer to points of personal privilege rather than statements of personal privilege and separates points of personal privilege from representative statements. Makes conforming changes throughout.
Amends Rule 9, specifying that questions of order are not debatable once raised. Removes language permitting the Speaker to speak to points of order in preference to other members arising from their seats for that purpose.
Amends Rule 12, prohibiting male members and visitors from wearing any head covering in the Chamber while the House is in Session unless his religion requires his head to be covered. Specifies that cell phones are not permitted in the Chamber for the purpose of calls while the House is in session.
Amends Rule 13 concerning motions. Requires any complex, complicated, or otherwise not easily understood motion to be reduced to writing at the request of the Speaker or any other member (was, every motion must be reduced to writing if the Speaker or any two members request it).
Amends Rule 19, permitting the member in charge of the measure, so designated by the chair of the permanent subcommittee, to call the previous question.
Amends Rule 20, requiring votes to be taken electronically for all amendments to public bills (rather than all amendments to public bills offered after second reading).
Amends Rule 21, permitting (rather than requiring) all votes not required to be taken electronically to be taken by voice vote.
Amends Rule 24.1B, clarifying that the rules regarding motions for division of bills also apply to motions for division of amendments. Requires a motion for the division of an amendment to be in writing, submitted to the Principal Clerk at the time the motion is made, and clearly state how the question is to be divided. Requires a majority vote of members present and voting for adoption of the motion for division of the amendment, thereby requiring the body to debate and vote each amendment separately. Clarifies that any member can call for a bill to be divided into two or more propositions to be voted on separately so long as the bill is subject to division as previously described. Modifies existing language to require for debate and voting on each division (previously, further amendment or debate on any of the distinct propositions was prohibited after the motion for division of the bill is adopted). Makes conforming changes.
Amends Rule 26, to require the Speaker to appoint chairs for permanent subcommittees and membership of permanent subcommittees. Requires that those chairs be a vice-chair of the standing committee. Makes the Chair of the Committee on Rules, Calendar, and Operations of he House, the Speaker Pro Tempore, the Majority Leader, and the Deputy Majority Leader ex officio members of each standing committee (except the Committee on Ethics) and permanent subcommittee with the right to vote. Makes the chair of a standing committee a voting member of each of the committee's permanent subcommittees. Sets out provisions for establishing a permanent subcommittee's quorum.
Amends Rule 27, adding standing Committees on Banking and on Homelessness, Foster Care, and Dependency, while removing the Baking Committee.
Amends Rule 28 to prohibit standing committees and permanent subcommittees from meting from April 22-26, or July 1-6 of 2019.
Amends the following rules so that they are also applicable to permanent subcommittees: Rule 28 (standing Committee and Permanent Subcommittee meetings); Rule 29 (Notice of Standing Committee and Permanent Subcommittee Meetings and Hearings); Rule 29.1 (Public Hearings); and Rule 29.2 (Minutes to Legislative Library).
Amends Rule 32, allowing bills to be referred upon first reading to a permanent subcommittee or select committee. Also allows for serial referral to a permanent subcommittee. Make conforming changes throughout. Allows bills establishing Congressional or Legislative districts to be placed on the calendar without being referred to a committee or permanent subcommittee and allows those bills to be placed on the calendar on the same day as the bill was introduced or received from the Senate. Allows a standing committee chair to refer bills referred to the committee to the permanent subcommittee specifically charged with the subject matter of the bill. Requires a report of the referral to be made in writing and submitted to be the body. Requires the permanent subcommittee to report the bill back to the committee and requires that the report include one of the six specified recommendations. Sets out further action that may be taken by the committee once the bill has been referred back to it by the subcommittee. Sets out who must provide consent to and who may move for the re-referral of a bill to another standing committee; requires the bill then be re-referred upon vote of the majority present during a regular House session (this provision was previously found in Rule 39.1). Allows the Speaker to remove a bill from the assigned committee and re-refer the bill to another committee. Requires all public bills and resolutions reported by any standing committee or permanent subcommittee to also have been reported on by the Committee on Rules, Calendar, and Operations of the House before it can be calendared for consideration by the House (allows this rule to be waived by leave of the House).
Amends Rule 35.1, deleting the requirement that a bill proposing to establish an occupational or professional licensing board or a study for the need of such a board to include an assessment report from the Joint Legislative Commission on Governmental Operations.
Amends Rules 36, allowing the chair of a permanent subcommittee to report a bill directly to the floor upon written approval of the chair of the standing committee and with the recommendation of the subcommittee. If the chair of the standing committee does not give such approval, the chair of the permanent subcommittee must refer the bill to the standing committee. Allows bills establishing Congressional or Legislative districts to be placed on the calendar on the same day as it is reported favorably by a committee or a permanent subcommittee. Makes additional clarifying changes. Moves the requirement that proposed committee substitutes be distributed to the specified entities by 9:00 pm of the preceding day from Rule 36 into new Rule 36.1A, makes clarifying changes, and adds an exception for proposed committee substitutes establishing Congressional or Legislative districts.
Moves the provisions on actuarial notes into new Rule 36.2. Makes conforming changes by referring to bills referred to permanent subcommittees.
Amends Rule 40, concerning calendars and schedules of business, to exclude bills establishing Congressional or Legislative districts.
Amends Rule 41, concerning the reading of bills, by making exceptions for bills establishing Congressional or Legislative districts. Makes organizational changes.
Amends Rule 43, providing that a House amendment deleting a previously adopted House amendment is not in order (no longer makes an exception for those amendments adopted under Rule 38(c)).
Amends Rule 44, requiring that no vote be taken on adopting a conference report on the Current Operations Appropriations Bill or a bill revising the Current Operations Appropriations Act until the second (was, third) legislative day following the report. Allows a conference report for a bill establishing Congressional or Legislative districts to be placed on the calendar for the legislative day the report is submitted.
Amends Rule 48, specifying that each permanent subcommittee is to have a committee assistant.
Amends Rule 53, prohibiting male visitors from wearing a head covering in the House gallery while the House is in session, unless his religion requires his head to be recovered.
Amends Rule 61.1 to also require that, when available, chairs of permanent subcommittees be assigned an office adjacent to the room in with the permanent subcommittee generally meets if desired by the chair.
Makes additional clarifying changes.
| Intro. by Lewis. | HOUSE RES |
The Daily Bulletin: 2019-01-30
Identical to H 5, filed 1/30/19.
Section 1
Repeals Section 3 of SL 2013-5, which prohibited any State entity from expanding Medicaid eligibility as provided in PL 111-148 (the Affordable Care Act) and SL 2011-145.
Section 2
Enacts GS 108A-54.3B, providing criteria under which individuals are considered part of the Medicaid coverage gap and are eligible for Medicaid benefits through an Alternative Benefit Plan established by the Department of Health and Human Services (DHHS), unless the individual is exempt from mandatory enrollment in an Alternative Benefit Plan under 42 CFR 440.315. Eligibility is based on income, age, and ineligibility for enrollment in described Medicaid coverage. Mandates that co-payments for benefits provided under the Alternative Benefit Plan must be the same as those required for Medicaid beneficiaries not under the Alternative Benefit Plan.
Directs DHHS to provide coverage to individuals eligible under new GS 108A-54.3B, consistent with SL 2015-245, as amended (Medicaid Transformation and Reorganization).
The above provisions are effective on the date that capitated coverage begins as required under SL 2015-245, as amended.
Section 3
Specifies the intent of the General Assembly to enact legislation during the 2019 Regular Session to replace the Hospital Provider Assessment Act (Article 7, GS Chapter 108A) with a similar hospital provider assessment that will impose an assessment to pay for the State share of the program and administrative costs associated with Medicaid expansion.
| Intro. by Clark, Blue, Robinson. | GS 108A |
Provides for the intent of the General Assembly to provide supplemental funding to address capital needs of local school administrative units and community colleges.
Amends GS 143C-4-3.1, regarding the State Capital and Infrastructure Fund (Fund). Adds to the legislative intent to explicitly provide for the General Assembly's intent to annually appropriate one-third of funds available in the Fund each to State agencies, institutions of higher education, and local school administrative units through the 2027-28 fiscal year. Requires that 4.5% (was, 4%) of the State tax revenue deposited in the General Fund be credited to the Fund. Adds to the authorized use of funds in the Fund to include new capital projects for community colleges under the jurisdiction of the State Board of Community Colleges and new capital projects for local school administrative units. Provides for the administration of funds appropriated for local school administrative units for capital projects and repairs and renovations by the Department of Public Instruction (DPI). Directs DPI to give priority to applicants with the greatest need, with higher priority given to applicants for capital projects that have not received a grant from the Needs-Based Public School Capital Fund in the previous five years. Restricts the use of funds appropriated from the Fund and allocated to a local unit not in compliance with the class size requirements in GS 115C-301 to expenditures needed to comply with the class size requirement. Provides for sufficient funding of projects until completion and prohibits using appropriated funds to retire existing debt obligations. Makes conforming changes to GS 143C-8-13, concerning the use of funds appropriated for repairs and renovations. Adds school safety enhancements to the allowable projects from funds appropriated for repairs and renovations from the Fund.
Appropriates the specified amounts from the Fund for the 2019-20 fiscal year to the Department of Natural and Cultural Resources, Western Carolina University, and Elizabeth State University to be used for the capital improvements and projects identified.
Appropriates $10 million from the Fund for the 2019-20 fiscal year to the Community Colleges System Office for workforce training equipment.
Amends GS 18C-164, appropriating $100 million of the net revenues credited to the Education Lottery Fund each fiscal year to the Public School Building Capital Fund. Makes conforming and organizational changes.
Effective July 1, 2019.
Authorizes the Board of Trustees (Board) of the College of Albermarle (College) to expend State funds appropriated for capital improvements for the construction and renovation of educational facilities owned by or located on property owned by Dare County. Specifically includes authorization to raze some or all of the existing Old Manteo Middle School campus and to construct a multi-use facility upon the campus for use by the College. Sets the lease period of any facility constructed or renovated under the act's authority at a minimum of 30 years. Allows for a prorated return of the building cost supported by State funds, amortized over the lease period, to the College if Dare County terminates the lease through no fault of the College.
Provides that State funds appropriated as described above and derived from the proceeds of Connect NC Bonds must be expended on capital facilities costs that are to be used by the College to carry out its community college purposes. Requires leases to contain adequate provisions to assure the restriction is met.
Permits the Board to contract for the renovation or construction of educational facilities as described with Dare County without being subject to the provisions of GS 143-341 (concerning the powers and duties of the Department of Administration).
Applies only to capital improvement projects with construction contracts executed prior to July 1, 2022.
| Intro. by Steinburg. | UNCODIFIED, Dare |
Provides for the following appointments to the State Ethics Commission for the specified terms:
- Dr. Clarence Newsome and the Hon. Shirley Randleman, upon recommendation of the President Pro Tempore; and
- The Hon. Carl Stewart Jr. and the Hon. Thomas West, upon recommendation of the Speaker of the House.
Provides for terms to begin on the date the act becomes law.
| Intro. by Rabon. | UNCODIFIED |
The Daily Bulletin: 2019-01-30
Removes one parcel as described, from Claremont’s corporate limits. Effective June 30, 2019.
| Intro. by Setzer. | Catawba |
Amends Section 4 of SL 1969-814, concerning the Burlington-Alamance Airport Authority's powers and authority. Increases the maximum term for specified leases and contracts entered into by the Authority from 25 to 40 years.
| Intro. by Ross. | Alamance |
Creates a new tax district in Graham County consisting of the part of the County located outside of incorporated areas within the County, to be called Graham County District G. The District is a body politic and corporate. Provides for the governance of that district by the Graham County Board of Commissioners.
Authorizes the Graham County District G governing body to levy a room occupancy tax of up to 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A-155 (uniform provisions for room occupancy taxes). Requires the Graham County Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the District and the remainder for tourism related expenditures in the District. Makes conforming changes to GS 153A-155.
| Intro. by Corbin. | Graham |
Amends Sections 3.22 and 3.72 of the Charter of the City of Bessemer City, found in SL 1989-1018, as amended.
Authorizes the city manager to appoint the police chief to serve at the pleasure of the city manager with duties prescribed and compensation fixed by the city manager (currently, appointed with the prescribed duties and compensation fixed by the City Council). Makes conforming changes.
| Intro. by Hastings. | Gaston |
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. Amends GS 115C-84.2(d) to provide the local boards of education for the Alamance-Burlington Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
| Intro. by Riddell, Ross. | Alamance |
Includes whereas clauses. 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. Amends GS 115C-84.2(d) to provide the local boards of education for the Catawba and Davie County Schools, Hickory Public Schools, and Newton-Conover City Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
Repeals Section 7.2 of the Charter of the City of Lexington, which established the Lexington Utilities Commission, set out in SL 1981-906, as amended.
| Intro. by Potts. | Davidson |
The Daily Bulletin: 2019-01-30
As title indicates, extends the terms of two members by one year.
| Intro. by Brown. | Onslow |
Amends SL 1965-559, Section 2, as amended, enacting new Section 2.1, granting the Windsor Township Development Commission (Commission) the authority to acquire and hold title to real and personal property, and to borrow money and incur debt, for public purposes, including the construction and maintaining of affordable rental housing units for employees of Bertie County, Bertie County schools, the Town of Windsor, and State employees residing in Bertie County. Grants the Commission the authority to enter into leases, management agreements, and similar arrangements with Bertie County to manage, lease, and maintain these rental housing units. Grants the Commission the authority to accept grants or donations of money contributed for public purposes.
Grants Bertie County the authority to enter into leases, management agreements, or similar arrangements with the Commission for the County to manage, lease, and maintain these rental housing units. Directs Bertie County to restrict the rental of these units to Bertie County Public Schools teachers and employees, unless units cannot be filled by school employees, in which case units are to be rented to employees of Bertie County, the Town of Windsor, and State employees residing in Bertie County.
Does not exempt these affordable housing units from compliance with applicable building codes, zoning ordinances, or and other health and safety regulations.
| Intro. by Smith. | Bertie |
Actions on Bills: 2019-01-30
H 2: CONFIRM THERESA STEPHENSON/BOARD OF REVIEW. (NEW)
H 3: EMINENT DOMAIN.
H 5: CLOSE THE MEDICAID COVERAGE GAP.
H 8: IN-STATE TUITION PILOT PROGRAM. (NEW)
H 10: REPEAL 2015 LAW RELATING TO MONUMENTS.
H 11: AMEND 2019 HOUSE TEMPORARY RULES.
H 14: RECONSTITUTE VARIOUS BOARDS & COMMISSIONS.
H 16: 2019 HOUSE PERMANENT RULES.
S 3: CLOSE THE MEDICAID COVERAGE GAP.
S 5: SCHOOL SAFETY OMNIBUS. (NEW)
S 6: DARE COUNTY/CC CONSTRUCTION FUNDS.
S 7: BIPARTISAN ETHICS APPOINTMENTS.
Actions on Bills: 2019-01-30
H 4: CLAREMONT DEANNEXATION.
H 6: BURLINGTON AIRPORT/LEASE/CONTRACT AUTHORITY.
H 7: GRAHAM COUNTY OCCUPANCY TAX.
H 9: BESSEMER CITY CHARTER AMENDMENT.
H 12: SCHOOL CALENDAR FLEXIBILITY/ALAMANCE COUNTY.
H 13: SCHOOL CALENDAR FLEXIBILITY/CERTAIN SYSTEMS.
H 15: LEXINGTON/DISSOLVE UTILITIES COMMISSION.
S 4: EXTEND TERMS OF 2 MEMBERS/COASTAL CAROLINA CC.
S 8: AUTHORIZE TEACHER-GOV'T EMP'EE HOUSING/BERTIE.
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