The Daily Bulletin: 2019-02-19

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The Daily Bulletin: 2019-02-19

PUBLIC/HOUSE BILLS
H 100 (2019-2020) DOT BUDGET FOR 2019-2021 BIENNIUM. (NEW) Filed Feb 19 2019, AN ACT, CONSISTENT WITH HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO ENACT A BUDGET FOR THE DEPARTMENT OF TRANSPORTATION, TO MAKE ADDITIONAL APPROPRIATIONS, TRANSFERS, AND REDUCTIONS TO THE DEPARTMENT, AND TO MAKE OTHER MODIFICATIONS RELATED TO THE OPERATIONS OF THE DEPARTMENT.

Amends GS 17E-7 by adding the requirement, effective July 1, 2021, that any person employed as a telecommunicator by a municipal police agency meet all of the telecommunicator requirements of GS Chapter 17E. 

Intro. by Faircloth, Torbett, C. Smith, Speciale.GS 17E
H 102 (2019-2020) ENHANCE PERMANENCY INNOVATION INITIATIVE. Filed Feb 19 2019, AN ACT TO ENHANCE THE PERMANENCY INNOVATION INITIATIVE AND APPROPRIATE FUNDS FOR THAT PURPOSE.

Amends GS 131D-10.9B, which created the Permanency Innovation Initiative Fund (Fund) to support service provided by Children's Home Society of North Carolina to children in or at risk of entering foster care. Current law requires the Fund be used to support permanency training services, among other identified strategies. Expands the description of permanency training services to mean services provided by the Children's Home Society to support county departments of social services (departments) to implement child-focused permanency services, advance permanency-focused services for children in the legal custody of departments, and provide training and support services to caregivers and family members who are supporting the permanency goal of children in the legal custody of departments.

Appropriates $2.25 million from the General Fund to the Department of Health and Human Services, recurring for each year in the 2019-2021 biennium, to provide additional funds to the Fund in accordance with GS 131D-10.9B, as amended. Specifies additional funds are to be supplemented by all available federal matching funds.

Effective July 1, 2019.

Intro. by Hardister, Stevens, Dobson, Quick.APPROP, GS 131D
H 103 (2019-2020) SMALL DAIRY SUSTAINABILITY ACT. Filed Feb 19 2019, AN ACT TO PROMOTE SMALL DAIRY SUSTAINABILITY BY ALLOWING THE RETAIL SALE OF RAW MILK FOR HUMAN CONSUMPTION.

Makes the following changes to Article 28C of GS Chapter 106, retitling the Article, Grade "A" Milk and Raw Milk Sanitation.

Adds raw milk and small herd operation to the defined terms set out in GS 106-266.30.

Enacts GS 106-266.31A, establishing standards for the production and processing of raw milk intended for human consumption, including requiring all raw milk be produced and processed on the same premises. Exempts from the standards raw milk dispensed to the independent or partial owner of a cow, goat, or other lactating animal for the owner's personal use or consumption. 

Expands the permitting requirement set out in GS 106-266.32 for Grade "A" milk production, transport, processing, and distribution. Now requires a raw milk permit for any producer of raw milk for human consumption who has a dairy herd for production of raw milk that is larger than a small herd operation, and a Small Herd Raw Milk permit for any producer of raw milk who owns a small herd operation, for the production, transportation, processing, or distribution of raw milk for human consumption. Small herd operation is defined in GS 106-266.30, as amended, to mean a dairy farm with a herd of lactating cows, goats, or sheep not exceeding ten, though the herd may include more lactating animals producing milk for purposes other than raw milk for human consumption. Exempts from the permitting requirements dispensing of raw milk for personal use or consumption to an independent or partial owner of a cow, goat, or other lactating animal. Sets forth further specifications for Small Herd Raw Milk permits and permittees. 

Enacts GS 106-266.33A, allowing testing of raw milk produced by raw milk and Small Herd Raw Milk permittees at the request of the permittee. Requires Small Herd Raw Milk permittees to provide quality test results if requested by any person.

Amends GS 106-266.35, allowing raw milk produced subject to a valid raw milk or Small Herd Raw Milk permit to be sold or dispensed directly to consumers for human consumption (currently, raw milk and raw milk products are required to be sold or dispensed only to a permitting milk hauler or to a processing facility, as specified). Adds new labeling requirements for raw milk and raw milk whose sale does not occur at the premises on which the raw milk is produced. Prohibits raw milk from being sold or offered for sale through restaurants. Sets out requirements for the retail sale of raw milk, including requiring separate, labeled, refrigerated display cases for Grade "A" milk and raw milk. Makes conforming changes.

Makes conforming changes to GS 106-266.34 (clarifying other authorities of the Department of Agriculture and Consumer Services not repealed or limited) and GS 106-266.36 (providing for milk embargo). Makes technical changes to GS 106-266.36.

Intro. by Presnell, Hardister, Ager, Harrison.GS 106
H 104 (2019-2020) LITTER DEFINITION CLARIFICATION. Filed Feb 19 2019, AN ACT TO CLARIFY THAT THE TERM "LITTER" INCLUDES YARD WASTE.

Identical to S 81, filed 2/19/19.

Amends GS 14-399, which sets forth littering offenses ranging from a Class 3 misdemeanor to a Class I felony. Exempts from the prohibitions yard waste placed on or near a curb for collection by a yard waste collection service pursuant to an applicable local ordinance. Defines yard waste. Adds yard waste to the definition of litter, making the statute's littering prohibitions applicable to yard waste not covered by the exemption. Applies to offenses committed on or after December 1, 2019.

Intro. by Torbett.GS 14
H 106 (2019-2020) INMATE HEALTH CARE & 340B PROGRAM. (NEW) Filed Feb 19 2019, AN ACT TO IMPROVE INMATE HEALTH CARE REIMBURSEMENT AND INTERNAL PROCESSES AND TO ESTABLISH A TELEMEDICINE PILOT PROGRAM; IN ADDITION TO DIRECTING THE DEPARTMENT OF PUBLIC SAFETY TO PARTNER WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE PURCHASE OF CERTAIN MEDICATIONS FOR INMATES, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE REQUESTS FOR PROPOSALS FOR PARTNERSHIPS BETWEEN NORTH CAROLINA 340B PROGRAM ENTITIES AND THE FOUR NORTH CAROLINA PRISON REGIONS, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO PARTNER WITH THE UNIVERSITY OF NORTH CAROLINA HEALTH SYSTEM TO SHIFT PRESCRIBING AUTHORITY ON CERTAIN MEDICATIONS, AND TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO SUBMIT VARIOUS REPORTS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY AND THE FISCAL RESEARCH DIVISION.

Directs the Department of Public Safety (DPS) to develop a plan to increase the use of Central Prison Healthcare Complex (CPHC) in order to contain medical costs for inmates as required by GS 143B-707.3(b) (concerning DPS reimbursement of providers and facilities providing medical services to inmates and juvenile offenders outside the facility). Specifies required components of the plan and requires DPS to submit the plan by December 1, 2019, to the specified NCGA Committee. Also requires DPS to submit progress reports regarding cost savings and increased usage of the health service facilities at CPHC and the NC Correctional Institution for Women (NCCIW).

Additionally directs DPS to identify and eliminate lapsed salary positions used to fund inmate health care services for 2016-17, and transfer the salary funds to a DPS, Health Services Section (HSS) budget code. Further requires DPS to reflect all expenditures for inmate health care services in a DPS, HSS budget code, and develop accounting mechanisms for inmate health care expenditures at the prison facility level. Requires the above described information to be included in DPS’s plan to increase the use of the CPHC.

Amends GS 143B-707.3. Requires DPS to reimburse the lesser amount of either a rate of 70% of the then-current prevailing charge or 100% of (was, two times) the then-current Medicaid rate for any given service, beginning July 1, 2019. Adds new requirement for DPS to reimburse providers identified as necessary to ensure continued access to care the lesser amount of either a rate of 70% of the provider’s then-current prevailing charge or 200% of the then-current Medicaid rate for any given service. Adds further requirement for any contract extensions for medical services provided to inmates by contracted providers and facilities to include the specified reimbursement rates. Requires DPS, HSS to develop an electronic supply inventory management system, meeting the minimum requirements described. Adds the reimbursement rate for contracted providers to the data included in the quarterly report. Makes the statute applicable to vendors that are not billed on a fee-for-service basis.

Enacts GS 143B-707.5, directing DPS and the Department of Health and Human Services (DHHS) to work together to enable social workers in DPS, HSS to qualify and receive federal reimbursement for performing Medicaid eligibility activities for inmates. Requires DPS, HSS to develop policies and procedures to account for time social workers spend on Medicaid eligibility for inmates. Also requires all DPS, HSS staff who perform activities related to Medicaid eligibility to receive eligibility determination training provided by DHHS at least quarterly. Requires DPS, HSS to require social workers enter specified data when performing Medicaid eligibility activities for inmates. Adds monthly reporting requirements to the DPS, HSS Director for the social workers. Requires each DPS, HSS social worker to submit Medicaid applications and any supporting documents electronically, unless federal law requires paper copies, beginning October 1, 2019. Requires DPS and DHHS to jointly report to the specified NCGA Committee by October 1, 2019, and quarterly thereafter until full implementation, and requires DHHS to report to the specified NCGA Committee on the implementation of the documentation of criteria for Medicaid application submissions by October 1, 2019.

Directs DPS, HSS and the Office of State Human Resources to study the salaries of all in-prison health services employees to determine necessary adjustments to increase new hire and existing salaries to market rates. Further directs DPS to establish a vacancy rate benchmark for each correctional facility and create a plan to reduce vacancy rates, including considering the seven identified initiatives. Requires DPS to establish methods to measure effectiveness of the initiatives to reduce vacancy rates and estimate budgetary impact and anticipated savings, and submit its findings by February 1, 2020, to the specified NCGA Committee.

Directs DPS, HSS to establish performance measures for its current telemedicine pilot program to inform a business case for potential expansion of the pilot program and propose an implementation plan to expand the use of telemedicine with accompanying cost savings. Requires DPS, HSS to report by April 1, 2020, and annually thereafter, on its business case for telemedicine to the specified NCGA Committee. Prohibits DPS, HSS from expanding the pilot program until the results of the current pilot program can be demonstrated and reported to the General Assembly.

Effective July 1, 2019.

Intro. by Horn, Farmer-Butterfield, Lucas, R. Turner.GS 143B
H 107 (2019-2020) PED OVERSIGHT/EPP CHANGES. Filed Feb 19 2019, AN ACT TO MAKE CHANGES TO THE EDUCATOR PREPARATION PROGRAM PERFORMANCE STANDARDS AND DATA REPORTING SYSTEM.

Amends GS 115C-269.35 regarding accountability for educator preparation programs (EPP). Requires the State Board of Education (State Board) to include in the performance standards the State Board adopts to govern the accountability of EPPs the information bases of EPP completer employment, disaggregated with respect to race, sex, and ethnicity. Requires the data for EPP completer employment to include: (1) number of students employed as beginning teachers under initial professional licenses within the first year of EPP completion; (2) the number of students retained in the profession; and (3) the perseverance of beginning educators in the profession, determined as specified. Removes these three employment data points from the indicators that recognized EPPs are required to include in their annual performance reports to the State Board. Makes conforming changes. Applies to EPPs authorized by the State Board on or after the date the act becomes law and to reports submitted to the State Board and reviews by the State Board of an EPP beginning with the 2019-20 academic year. 

Amends GS 115C-269.45 regarding sanctions of EPPs. Provides for a small group exception, established by rule by the State Board, for circumstances in which disaggregation of performance data with respect to race, sex, and ethnicity is not possible due to the small number of program participants in a demographic group. Provides parameters for the small group exception rule. Requires the State Board to adopt the rule by October 1, 2019, and apply the rule beginning with the data collected from the 2018-19 academic year for purposes of the annual report made available to the public by December 15, 2020, and annually thereafter, pursuant to GS 115C-269.50.

Amends GS 115C-269.50 regarding EPP report cards. Requires the performance and other data reported by each EPP, as provided in GS 115C-269.35, to be easily compared to the data of other EPPs through the use of a formulaic, performance-based weighted model adopted by the State Board (currently, does not specify availability of EPP report card comparison through a State Board-adopted model). Effective July 1, 2020, and applies beginning with data from the 2020-21 academic year.

Directs the State Board to develop a formulaic, performance-based weighted model for comparing the annual EPP report card data pursuant to GS 115C-269.50, as amended. Requires the State Board to consult with the Department of Public Instruction (DPI) and the Professional Educator Preparation and Standards Commission (PEPSC), and meet the described conditions, in designing the weighted model. Requires the State Board to report to the specified NCGA Committee by November 15, 2019.

Intro. by Horn, Farmer-Butterfield, Lucas.GS 115C
H 108 (2019-2020) PED/SAFEKEEPER HEALTH CARE COST RECOV. PRACT. Filed Feb 19 2019, AN ACT TO IMPROVE DATA COLLECTION AND COST RECOVERY PRACTICES FOR HEALTH CARE SERVICES FOR SAFEKEEPERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE.

Amends GS 162-39 concerning the transfer of county jail prisoners for safety and security. 

Adds new requirement for the Department of Public Safety (DPS), Health Services Section (HSS), to maintain records of prisoners transferred to a State prison from a county jail pursuant to the statute, utilizing unique identifiers for each transfer and recording data as specified. Modifies the county’s current duty to reimburse the state for transferred prisoners for the cost of maintaining the prisoner and the cost of extraordinary medical care incurred while in the Division of Adult Correction and Juvenile Justice (Division) custody, to now require the county to pay the Division for the costs of maintaining the prisoner and the costs of medical care (was, extraordinary medical care) incurred while in the Division’s custody. Adds to the defined costs for State reimbursement to include (1) transportation and custody costs associated with the transfer of prisoners receiving health care outside of the prison facility and (2) cost of sick call encounters at the rate charged to State prison inmates. Adds that the county must reimburse the State for services provided to transferred prisoners at the mileage reimbursement rate and hourly custody rate that are reimbursed by the Statewide Misdemeanant Confinement Program. 

Limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed fifteen days (currently, there is no such limitation). Adds that a sheriff seeking to extend the order beyond the initial fifteen-day period must request the Division to conduct an assessment of treatment and venue needs, to be conducted as specified, and provide the assessment to the court to determine whether to extend the transfer beyond the initial period. Makes conforming changes. 

Prohibits the DPS Secretary from accepting a safekeeper for medical or mental health treatment from a county that: (1) has failed to pay DPS for services rendered pursuant to the statute for 120 days or more or (2) does not participate in the Statewide Misdemeanant Confinement Program by receiving misdemeanants for housing (excluding counties determined to be filled to capacity pursuant to GS 148-32.1(b4)).

Makes a county liable to the State for an additional per day, per inmate rate not exceeding $20 per day for each day a sheriff fails to assume custody of a county prisoner from a State prison facility after five days of receiving notification and request for transfer from DPS pursuant to new GS 149-19.3(a) (in addition to the actual transport and maintenance costs per day, per inmate). Authorizes the HSS chief to waive up to ten days of the additional per day rate if the sheriff provides documentation of extenuating circumstances. 

Makes organizational and technical changes. Makes language gender neutral. 

Enacts GS 149-19.3, requiring DPS to determine Medicaid eligibility and ensure applications are completed and submitted for county prisoners housed in the State prison system pursuant to safekeeping orders under GS 162-39. Requires documentation and presentation of nonreimbursed charges for health care services to the county for payment pursuant to GS 162-39. Requires DPS to notify the sheriff or the sheriff’s designee by phone or email and request transfer to county custody upon the expiration of the order’s terms and a safety determination. Further requires DPS to annually update the medical services schedule of charges assessed to counties for the provision of health care services to county prisoners housed in the State prison system pursuant to safekeeping orders, considering the actual rate for services provided and the current established Medicaid rates. Directs DPS to assess charges to counties for health care services provided to county prisoners at all State prison facilities. Directs DPS to submit a report on the updated schedule to the specified NCGA Committee on or before December 1, 2019. 

Effective July 1, 2019.

Intro. by Horn, Lucas.GS 148, GS 162
H 110 (2019-2020) PROTECT RELIGIOUS MEETING PLACES. Filed Feb 19 2019, AN ACT TO ENACT THE RELIGIOUS ASSEMBLY SECURITY AND PROTECTION ACT OF 2019.

Amends GS 14-269.2, which prohibits weapons on campus or other educational property, with listed exceptions. Adds a new subsection providing that the statute does not apply to a person with valid concealed handgun permit, or a person who is exempt from obtaining a permit, if: (1) the person possesses and carries a handgun on educational property other than an institution of higher education or a nonpublic, postsecondary educational institution; (2) the educational property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; and (4) the handgun is only possessed and carried on educational property outside of the school operating hours. Specifies for these purposes, property owned by a local board of education or county commission must not be construed as a building that is a place of religious worship.  Makes conforming changes to GS 14-415.11. Amends GS 14-269.2 by defining school operating hours. Effective December 1, 2019.

Intro. by R. Turner.GS 14
H 111 (2019-2020) 2019-2021 BASE BUDGETS/CERTAIN AGENCIES. (NEW) Filed Feb 19 2019, AN ACT TO ENACT A BASE BUDGET FOR CERTAIN STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS FOR THE 2019-2021 FISCAL BIENNIUM.

Blank bill.

Intro. by Lambeth.APPROP
H 113 (2019-2020) MCAC AND TAC/FUNDS. Filed Feb 19 2019, AN ACT TO APPROPRIATE FUNDS TO SUPPORT THE TRANSFER ADVISORY COMMITTEE AND THE MILITARY CREDIT ADVISORY COUNCIL IN THEIR WORK TO STREAMLINE CREDIT TRANSFER ACROSS CONSTITUENT INSTITUTIONS AND TO GRANT VETERANS CREDIT FOR THEIR MILITARY EXPERIENCE.

Appropriates $150,000 in recurring funds and $200,000 in nonrecurring funds for 2019-20 from the General Fund to the UNC Board of Governors to be used as title indicates. Effective July 1, 2019.

Intro. by Insko, R. Smith.APPROP
H 114 (2019-2020) GROSS PREMIUM TAX/PHPS. Filed Feb 19 2019, AN ACT TO SUBJECT PREPAID HEALTH PLANS LICENSED BY THE DEPARTMENT OF INSURANCE TO THE GROSS PREMIUM TAX.

Makes the following changes to Article 8B of GS Chapter 105, retitling the article Taxes Upon Insurance Companies and Prepaid Health Plans.

Adds capitation payment and prepaid health plan to the defined terms set out in GS 105-228.3. Makes organizational changes.

Amends GS 105-228.5, expanding the gross premium tax to subject prepaid health plans to a 1.9% gross premium tax, measured by gross capitation payments received by the prepaid health plan (PHP) by the Department of Health and Human Services for services provided to enrollees in the State Medicaid program or NC Health Choice program in the preceding calendar year. Makes conforming additions concerning calculating the tax base of PHPs. Provides that capitation payments refunded by a PHP to the State are the only allowable deductions. Adds clarification to the exclusion of Medicaid premiums, providing that the exclusion includes Medicaid premiums other than capitation payments, paid by or on behalf of a Medicaid beneficiary. Requires the net proceeds of the tax to be credited to the General Fund. Makes further technical and clarifying changes. 

Exempts the act from the provisions of GS 143C-5-2 concerning the order of appropriations bills. 

Effective October 1, 2019. 

Intro. by Lambeth, Dobson, Howard.GS 105
H 117 (2019-2020) SCHOOL CALENDAR FLEXIBILITY PILOT PROGRAM. Filed Feb 19 2019, AN ACT TO ESTABLISH THE SCHOOL CALENDAR FLEXIBILITY PILOT PROGRAM.

Includes whereas clauses.

Requires the State Board of Education (State Board) to establish a School Calendar Flexibility Pilot Program (Program) to determine the impact of school calendar flexibility for opening and closing dates on student achievement and summer internships and to identify and quantify the communities that can support local school calendar control and those that cannot. 

Authorizes all local school administrative units in the 22 specified counties to participate in the Program, but provides that any local board of education of a local school administrative unit authorized to participate in the Program may elect not to participate; sets out the process for authorizing replacement local school administrative units.

Requires each participating local school administrative unit to participate for three school years, beginning in either the 2019‑20 school year or the 2020‑21 school year. Requires the State Board to give the Department of Commerce a list of the participating local school administrative units by February 1, 2020.

Provides that local boards of education of participating local school administrative units will determine, for the duration of the Program, the dates of opening and closing the public schools; and that except for year‑round schools, the opening date for students will be no earlier than the Monday closest to August 10 and the closing date for students shall be no later than the Friday closest to June 11.

Requires the Department of Public Instruction (DPI) to, for the duration of the Program, contact each participating local school administrative unit annually to determine: (1) the actual dates for opening and closing the public schools, (2) the impact of the Program on student achievement and summer internships, and (3) any other information DPI deems necessary for purposes of the study. Requires DPI to give the Department of Commerce the actual dates for opening and closing the public schools in each participating local school administrative unit.

Requires the Department of Commerce to study the effect of the Program on the tourist industry.

Requires the State Board and Department of Commerce, by November 15 of each year following the operation of the Program, to separately report to the UNC School of Government (SOG) on the effects of the Program. Specifies items that must be included in the report. Also requires the State Board to recommend any local school administrative units that should be assigned calendar flexibility on an ongoing basis. Requires the Department of Commerce to report on any economic impact of the Program on the tourism industry in the State. Requires the SOG to evaluate this information and provide an aggregated report to the Joint Legislative Education Oversight Committee by December 15 of the same year.

Intro. by Warren, Horn, Howard, Johnson.STUDY
H 118 (2019-2020) COVID-19 LIAB. SAFE HARBOR. (NEW) Filed Feb 19 2019, AN ACT TO PROVIDE LIMITED IMMUNITY FROM LIABILITY FOR CLAIMS BASED ON TRANSMISSION OF CORONAVIRUS DISEASE 2019 (COVID-19).

Part I.

Amends GS 105-153.5 to allow an eligible firefighter or an eligible rescue squad worker to deduct $250 from their adjusted gross income when calculating income tax. Allows each spouse to qualify separately for the deduction when filing a joint return. Prohibits claiming a deduction as both an eligible firefighter and as an eligible rescue squad worker in a single taxable year. Defines an eligible firefighter as an unpaid member of a volunteer fire department who attended at least 36 hours of fire department drills and meetings during the taxable year. Defines an eligible rescue squad worker as an unpaid member of a volunteer rescue or emergency medical services squad who attended at least 36 hours of rescue squad training and meetings during the taxable year. Effective for taxable years beginning on or after January 1, 2019.

Part II.

Enacts new GS 105-277.1E to designate a permanent residence owned and occupied by a qualifying owner as a special class of property under Section 2(2) of Article V of the North Carolina Constitution and excludes the appraised value of the permanent residence from taxation. Prohibits a qualifying owner receiving this exclusion from receiving other property tax relief. Defines a qualifying owner as an owner, as defined in G.S. 105‑277.1, who is a North Carolina resident and is the surviving spouse who has not remarried of an emergency personnel officer (as defined in the statute) who was killed in the line of duty. Provides that an owner does not lose the benefit of this exclusion because of a temporary absence from his or her permanent residence for reasons of health or because of an extended absence while confined to a rest home or nursing home if the residence is unoccupied or occupied by a dependent of the owner. Sets out provisions governing multiple owners and establishing the application procedure.

Makes conforming changes to GS 105-282.1.

Effective for taxes imposed for taxable years beginning on or after July 1, 2019.

Part III.

Requires the Department of Transportation (DOT) to study the needs of law enforcement, emergency medical and emergency management personnel, and firefighters to improve access to or within the interstate system within this State for the benefit of public safety. Allows consultation with the Division of Emergency Management of the Department of Public Safety, the Office of State Fire Marshal of the Department of Insurance, the Office of Emergency Medical Services of the Department of Health and Human Services, and any other State or local government organizations the DOT determines may be of assistance in the course of the study. Specifies steps DOT must take in performing the study. Requires DOT to report its findings and recommendations to the Joint Legislative Oversight Committee on Justice and Public Safety, Joint Emergency Management Oversight Committee, and Joint Legislative Transportation Oversight Committee by March 1, 2020.

Part IV. 

Amends GS 14-269 to exclude emergency medical services personnel while on duty who are deployed providing tactical medical assistance to law enforcement in an emergency from the prohibition on carrying concealed weapons. Requires that in order to qualify for the exemption, the emergency services personnel must have completed an approved tactical medical assistance course for supporting tactical law enforcement operations that includes specified elements and is sponsored by one of the listed organizations.

Requires state and local law enforcement agencies to provide paramedics rendering tactical medical assistance during a Special Weapons and Tactic Operation with the same protective equipment provided to other members of a Special Weapons and Tactic operation.

Effective December 1, 2019.

Part V. 

Effective when the act becomes law, unless otherwise provided.

Intro. by Warren, Corbin, D. Hall, Potts.STUDY, GS 14, GS 20, GS 58, GS 105, GS 122C
H 119 (2019-2020) FEES TO CERTIFY AS A COMPANY POLICE AGENCY. Filed Feb 19 2019, AN ACT TO INCREASE THE MAXIMUM FEE FOR APPLICATION FOR CERTIFICATION OF AND FOR RENEWAL OF A COMPANY POLICE AGENCY AND A COMPANY POLICE OFFICER AND FOR APPLICATION FOR CERTIFICATION OF AND FOR RENEWAL OF A CAMPUS POLICE AGENCY AND A CAMPUS POLICE OFFICER.

Amends GS 74E-12 (concerning fees for company police agencies) and GS 74G-12 (concerning fees for campus police agencies) to increase fees as the title indicates. Effective January 1, 2020.

Intro. by Faircloth, Ross.GS 74E, GS 74G
H 120 (2019-2020) CLARIFY FIRE DISTRICT FUNDING ELIGIBILITY. Filed Feb 19 2019, AN ACT TO CLARIFY ELIGIBLE USES OF FIRE PROTECTION TAX REVENUES.

Amends GS 69-25.5, which sets out authorized manner of providing protection for fire protection tax purposes. Adds a new qualification, requiring a fire department to meet the minimum public protection requirements established by the Office of the State Fire Marshall of the Department of Insurance in order to receive any portion the fire protection tax levied and collected pursuant to GS 69-25.4. Makes technical changes. 

Makes conforming changes to GS 153A-301, authorizing counties to create districts for fire protection, specifying by one or more departments that meet the minimum public protection requirements established by the Office of the State Fire Marshall. 

Effective July 1, 2019.

Intro. by Conrad, Howard, Lambeth, Szoka.GS 69, GS 153A
H 121 (2019-2020) EXPUNCTION RELATED TO RTA/NO CONVICTION. Filed Feb 19 2019, AN ACT TO PROVIDE FOR THE EXPUNCTION OF CERTAIN OFFENSES COMMITTED ON OR BEFORE NOVEMBER 30, 2019, FOR OFFENDERS UNDER THE AGE OF EIGHTEEN AT THE TIME OF CONVICTION AND TO MODIFY THE LAW ON EXPUNCTION OF RECORDS WHEN CHARGES ARE DISMISSED OR THERE ARE FINDINGS OF NOT GUILTY.

Applicable only to offenses committed between July 1, 2017, and November 30, 2019. Enacts GS 15A-145.8, allowing a person convicted of a misdemeanor or a Class H or I felony, committed on or after the person's 16th birthday but before the person's 18th birthday, to file a petition for expunction in the trial court upon the completion of any sentence or period of probation imposed any payment of any restitution ordered. Excludes traffic offenses. Requires the court to hold a hearing and enter the order upon making the required findings. Includes persons convicted of multiple offenses in the statute's eligibility. Specifically excludes any offense involving impaired driving or requiring registration as a sex offender. Provides for the petition form and process. Grants immunity to the petitioner from being held guilty of perjury or otherwise giving a false statement for failure to acknowledge an arrest, indictment, or trial after an order has been entered under the statute. Requires the order to include expungement of court and agency records. Specifies that the petition is to be filed at no cost to the petitioner and the costs of expunging the records are not to be taxed against the petitioner. Effective December 1, 2019.

Amends GS 15A-151.5, making the expunction records for offenders pursuant to GS 15A-145.8, as enacted, maintained under GS 15A-151 electronically available to prosecutors if the criminal records were expunged on or after July 1, 2018. Effective December 1, 2019.

Amends GS 15A-146, concerning the expunction of records when charges are dismissed or there are findings of not guilty or not responsible, removing from the expunction process the required hearing and required determination that the petitioner had not previously been convicted of a felony. Makes conforming changes and makes the language gender neutral. Effective December 1, 2019.

Intro. by Stevens, Hurley, Jarvis, Carter.GS 15A
H 122 (2019-2020) CRIMINAL INFORMATION NETWORK/REVISE FEE. Filed Feb 19 2019, AN ACT TO REVISE THE AMOUNT OF THE FEE THAT MAY BE IMPOSED BY THE DEPARTMENT OF PUBLIC SAFETY ON USERS OF THE CRIMINAL INFORMATION NETWORK.

Amends GS 143B-905 by allowing the Department of Public Safety to impose a monthly fee of up to $21 on each user within a participating agency of the Criminal Information Network; deletes the current provisions that charged monthly circuit fees and monthly device fees on agencies that accessed the Network. Applies to fees imposed on or after July 1, 2019.

Intro. by Stevens.GS 143B
H 123 (2019-2020) RAISE VEHICLE SAFETY INSPECTION FEE. Filed Feb 19 2019, AN ACT TO RAISE THE VEHICLE SAFETY INSPECTION FEE.

Amends GS 20-183.7 by increasing the vehicle safety inspection fee from $12.75 to $19.75 (maintains the $0.85 authorization fee). Effective October 1, 2019.

Intro. by Stevens.GS 20
H 124 (2019-2020) SMART START FUNDS. Filed Feb 19 2019, AN ACT TO PROMOTE YOUNG CHILDREN'S HEALTHY DEVELOPMENT THROUGH CONTINUED INVESTMENT IN THE SMART START PROGRAM.

Includes whereas clauses.

Appropriates $20 million for each year of the 2019-21 biennium from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education, to be allocated to the NC Partnership for Children Inc. to distribute to Smart Start local partnerships. Effective July 1, 2019.

Intro. by Dobson, Murphy, Lambeth, Jackson.APPROP

The Daily Bulletin: 2019-02-19

PUBLIC/SENATE BILLS
S 11 (2019-2020) ABC REGULATION AND REFORM. Filed Jan 31 2019, AN ACT TO STRENGTHEN THE PERMITTING ENFORCEMENT AUTHORITY OF THE ABC COMMISSION AND TO MAKE OTHER CHANGES TO THE ABC LAWS.

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

Makes clarifying and organizational changes to the proposed changes to GS 18B-104(a) concerning the ABC Commission's authority to administer penalties. 

Intro. by Wells.GS 18B, GS 130A
S 29 (2019-2020) MOVE OVER LAW/INCREASE PENALTIES/AMBER LIGHTS. (NEW) Filed Feb 6 2019, AN ACT TO INCREASE THE PENALTIES FOR VIOLATION OF THE MOVE OVER LAW AND TO LIMIT THE USE OF FLASHING AMBER LIGHTS.

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

Amends GS 20-157(f) to make it a Class 3 misdemeanor (was, Class 2 misdemeanor in the 1st edition) for a driver to fail to, as appropriate, either move the vehicle into a lane that is not the lane nearest a parked or standing authorized emergency vehicle or public service vehicle or slow the vehicle and drive at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle when the emergency or public service vehicle is parked or standing within 12 feet of the road and is giving a warning by appropriate light. No longer increases the penalty for violations when the person causes damage to property in the immediate area of the emergency or public service vehicle that is in excess of $500 or causes injury to an emergency response person.

Intro. by Britt, McInnis.GS 20
S 56 (2019-2020) REVENUE LAWS TECHNICAL CHANGES. Filed Feb 13 2019, AN ACT TO MAKE TECHNICAL CHANGES TO THE REVENUE LAWS.

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

Amends the proposed language in GS 105-164.8(b), concerning conditions that must be met in order for a retailer who makes a remote sale to be subject to tax, to include when the retailer had gross sales exceeding $100,000 or 200 or more separate transactions, with respect to remote sales into the state for the previous or current (was, previous only) calendar year.

Intro. by Tillman, Hise, Newton.GS 105
S 78 (2019-2020) TRANSFER ALE. Filed Feb 19 2019, AN ACT TO ESTABLISH ALCOHOL LAW ENFORCEMENT AS A SEPARATE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND TO CLARIFY THE JURISDICTION AND PRIMARY RESPONSIBILITIES OF ALCOHOL LAW-ENFORCEMENT AGENTS.

Identical to H 99, filed 2/18/19.

Relocates the Alcohol Law Enforcement Branch (ALE) of the State Bureau of Investigation as a Division of the Department of Public Safety (DPS). Directs DPS to continue consolidation of ALE and State Bureau of Investigation (SBI) regions and regional offices so that all district offices remain co-located.

Enacts new GS Chapter 143B, Article 13, Part 4, Subpart F (Alcohol Law Enforcement Division), creating the ALE as a Division of the Department of Public Safety.

Repeals GS 143B-928 (locating ALE within the State Bureau of Investigation).

Amends GS 18B-500 (Alcohol law-enforcement agents). Authorizes the Director of the Division of Alcohol Law Enforcement (Director) to appoint a sufficient number of assistants who shall be competent and qualified to do the work of the Division. Makes the Director responsible for all hiring and personnel decisions of the Division, and authorizes the Director to hire or fire personnel and transfer personnel within the Division. Sets forth ALE agents' subject matter jurisdiction, providing for the primary responsibilities of enforcing:

  • The provisions of GS Chapter 143B (executive organization laws), GS Chapter 18C (lottery laws), GS 14-313 (youth access to tobacco product law), and Parts 1 and 2 of Article 37 of GS Chapter 14 (lottery and gaming laws);
  • Any criminal offense occurring in the agent's presence;
  • When assisting another law-enforcement agency during an investigation;
  • While carrying out any other duty assigned to the Division by law;
  • Any criminal offense discovered during the enforcement of the above.

Makes conforming, technical and clarifying changes to GS 18B-500, GS 18B-101, GS 143-651, GS 143-652.1, GS 143-652.2, and specified statutes in GS Chapters 18B, 18C, 19, 105, and 143.

Effective July 1, 2019.

Intro. by Sanderson, Britt, Horner.GS 18B, GS 18C, GS 19, GS 105, GS 143, GS 143B
S 81 (2019-2020) LITTER DEFINITION CLARIFICATION. Filed Feb 19 2019, AN ACT TO CLARIFY THAT THE TERM "LITTER" INCLUDES YARD WASTE.

Amends GS 14-399, which sets forth littering offenses ranging from a Class 3 misdemeanor to a Class I felony. Exempts from the prohibitions yard waste placed on or near a curb for collection by a yard waste collection service pursuant to an applicable local ordinance. Defines yard waste. Adds yard waste to the definition of litter, making the statute's littering prohibitions applicable to yard waste not covered by the exemption. Applies to offenses committed on or after December 1, 2019.

Intro. by T. Alexander.GS 14
S 82 (2019-2020) DISMISSAL OR NOT GUILTY/AUTOMATIC EXPUNCTION. Filed Feb 19 2019, AN ACT TO PROVIDE FOR THE AUTOMATIC EXPUNCTION OF CERTAIN RECORDS OF A PERSON WHEN THE CHARGE OR CHARGES AGAINST THE PERSON ARE DISMISSED OR THERE ARE FINDINGS OF NOT GUILTY.

Amends GS 15A-146, which allows for persons to petition the court for expunction of records when charges are dismissed or there are findings of not guilty. Modifies the statute to instead require the prosecutor or other judicial officer who ordered dismissal of the charge(s) to provide notice of the dismissal to the court and mandates that the court order the expunction. Similarly modifies the statute to mandate the court that enters finding(s) of not guilty or not responsible for the charge(s) to order the expunction from all official records any entries relating to apprehension or trial of the crime(s). Makes conforming changes to require the court to order, rather than the person having to apply for, the expunction of DNA records when the person's case has been dismissed and the person's DNA record or profile and sample is stored in the State DNA Databank as a result of the case that was dismissed. Makes further conforming changes.

Amends GS 15A-151.5, which makes specified confidential files maintained under GS 15A-151 electronically available to all prosecutors if the criminal record was expunged on or after July 1, 2018, to include all expunctions provided for in GS 15A-146, as amended (currently, only expunction of records when charges are dismissed are included).

Directs the Administrative Office of the Courts (AOC) to revise or establish any necessary forms for implementation of the changes to GS 15A-146.

Effective December 1, 2019.

Intro. by McKissick, Daniel, Britt.GS 15A
S 85 (2019-2020) LEO RETIREMENT & HIGHER ED ENHANCEMENT ACT. Filed Feb 19 2019, AN ACT TO ALLOW FOR THE PURCHASE OF CREDITABLE SERVICE IN THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OR THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM AT FULL COST BY LAW ENFORCEMENT OFFICERS HOLDING AN ADVANCED LAW ENFORCEMENT CERTIFICATE.

Amends GS 135-4 (concerning the Teachers' and State Employees' Retirement System) and GS 128-26 (concerning the Local Government Employees' Retirement System) by allowing a a member who has completed at least five years of membership service and who has been awarded the Advanced Law Enforcement Certificate to purchase up to two years' creditable service in one of those retirement systems. Sets out additional requirements for the purchase of service, including that it not be associated with any specific compensation or period of time. Sets out provisions for the calculation of the amount payable.

Intro. by Steinburg.GS 128, GS 135
S 86 (2019-2020) SMALL BUSINESS HEALTHCARE ACT. Filed Feb 19 2019, AN ACT TO ESTABLISH STANDARDS FOR ASSOCIATION HEALTH PLANS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS.

Includes whereas clauses.

Part I

Modifies and adds to the requirements for MEWA (multiple employer welfare arrangement) licensure set out in GS 58-49-40. Now requires a MEWA to have a constitution or bylaws and have been organized and maintained in good faith for a continuous period of at least two years for purposes other than obtaining or providing insurance (currently, required the MEWA be established by a trade association, industry association, or professional association of employers or professionals, having a constitution or bylaws, and having been organized and maintained in good faith for a continuous period of five years for purposes other than obtaining or providing insurance). Adds requirement for the MEWA to have at least one substantial business purpose unrelated to offering and providing health care coverage or other employee benefits to its employer members and their employees, and requirement to have a commonality of interest. Provides that a MEWA will be treated as having a commonality of interest if it is established by employers in the same trade, industry, business, or profession, or, by employers in the same region or metro area contiguous to the State and including the State. Makes conforming, technical, and clarifying changes.

Amends GS 58-49-30, which defines MEWA, to specify that the term employer includes sole proprietors and self-employed workers.

Amends GS 58-49-50, adding to the application materials for a MEWA license a copy of the most recent M-1 form filed with the US Department of Labor.

Part II

Amends GS 58-51-80, concerning requirements for group accident and health insurance policies and contracts. Specifies that, as used in the provisions concerning premium payment under a policy issued to an employer or to the trustee of a fund established by an employer or two or more employers in the same industry or kind of business whereby the employer is the policyholder and the policy covers employees or agents for amounts of insurance based on a plan, employer includes a MEWA that is classified by the US Department of Labor as a bona fide group or association under either the specified section of the Employee Retirement Income Security Act or any US Department of Labor advisory opinion, as described. For a policy issued to an association or to a trust or trustees of a fund established, created, or maintained for the benefit of members of one or more associations, requires the association(s) to have 500 persons at the outset, have been organized and maintained in good faith for purposes other than obtaining insurance, and have been in active existence for at least two years (currently, at least five years), among other existing requirements.

Makes technical and clarifying changes to the defined terms set forth in GS 58-68-25. Removes the limiting language from the term employer which defined the term to include only employers of two or more employees.

Part III

Amends GS 58-50-130, prohibiting insurers from providing stop loss, catastrophic, or reinsurance coverage to small employers who employ fewer than 12 eligible employees (currently, fewer than 26 eligible employees) that does not comply with the underwriting, rating, and other applicable standards of the Small Employer Group Health Coverage Reform Act (Part 5, Article 50, GS Chapter 58).

Part IV

Effective October 1, 2019.

Intro. by Bishop, Krawiec, Edwards.GS 58
S 87 (2019-2020) ABC LAWS MODERNIZATION/PED STUDY. Filed Feb 19 2019, AN ACT TO REQUIRE THE MERGER OF ABC SYSTEMS LOCATED IN A COUNTY WITH TWO OR MORE ABC SYSTEMS; TO REPEAL THE PURCHASE-TRANSPORTATION PERMIT REQUIREMENT FOR SPIRITUOUS LIQUOR; TO REQUIRE THE ABC COMMISSION TO SUBMIT A QUARTERLY REPORT ON ITS PROCESS FOR OBTAINING A CONTRACT FOR STATE WAREHOUSE SERVICES; TO ALLOW THE PURCHASE OF INDIVIDUAL BOTTLES WHEN PLACING A SPECIAL ORDER OF SPIRITUOUS LIQUOR; TO ALLOW LOCAL ABC BOARDS TO CHARGE A DELIVERY FEE WHEN DELIVERING SPIRITUOUS LIQUOR TO MIXED BEVERAGES PERMITTEES; TO ALLOW LOCAL GOVERNMENTS THE OPTION OF OPERATING ABC STORES ON SUNDAYS; AND TO ALLOW SPIRITUOUS LIQUOR TASTINGS AT ABC STORES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Identical to H 91, filed 2/18/19.

Part I

Applicable to all ABC systems, mandates a merger of ABC systems located in a county with two or more ABC systems.

Enacts GS 18B-700(c1), prohibiting more than one local ABC board per county. Provides for merger following an ABC store election in a jurisdiction where an ABC board is already in operation. Specifies that the new subsection does not prohibit a local ABC board from serving multiple cities, counties, or cities and counties. Makes conforming changes to GS 18B-703(e), incorporating the limits set out in GS 18B-700(c1) into the statutory provisions concerning dissolution of merged ABC systems, and specifically providing for the option to merge with a different ABC system upon dissolution. Effective June 30, 2021.

Part II

Amends GS 18B-303 and GS 18B-403 regarding certain alcoholic beverage purchases and transport. Modifies to allow the purchase of any amount of fortified wine and spirituous liquor without a purchase-transportation permit (currently, a permit is required for amounts in excess of eight liters of either, with a permit limiting transport to a maximum of 40 liters or as specified by the permit). Makes conforming changes. Effective July 1, 2019.

Part III

Directs the ABC Commission to submit a quarterly report beginning October 15, 2019, to the specified NCGA committee detailing the progress made in bidding and selecting an independent contractor for the receipt, storage, and distribution of spirituous liquor (hereafter, liquor) at and from the State warehouse in accordance with GS 18B-204(a)(3). Sets out the parameters for the report. Terminates the reporting requirements upon the earlier date of the award of the contract for services described in GS 18B-204(a)(3) or January 1, 2022.

Part IV

Amends GS 18B-800, requiring ABC stores to allow the purchase of individual liquor bottles not on the ABC Commission’s approved list by special order through a process established by rule by the ABC Commission. Further, allows ABC stores to sell in store any bottles it receives in excess of what was purchased by the customer requesting the special order. Permits the Commission to establish and charge a fee for special orders. Effective July 1, 2019.

Part V

Amends GS 18B-701(a), authorizing a local ABC board to charge a fee for the provision of delivery of liquor to a mixed beverages permittee to cover actual costs incurred. Makes technical and clarifying changes. Applies to deliveries made on or after July 1, 2019.

Part VI

Enacts GS 153A-145.8 and GS 160A-205.4, authorizing counties and cities with at least one operating ABC store to adopt an ordinance allowing ABC stores under their operation to be open and sell alcoholic beverages on Sunday. Specifically requires consultation with the county or city ABC board, respectively, prior to adoption. Makes conforming changes to GS 18B-802(b), prohibiting ABC stores from being open and ABC employees from selling alcoholic beverages on any Sunday except as provided in new GS 153A-145.8 and GS 160A-205.4. Effective July 1, 2019.

Part VII

Amends GS 18B-1114.7, authorizing the holder of a supplier representative permit, brokerage representative permit, or distillery permit issued under GS 18B-1105 to obtain a spirituous liquor special event permit allowing the permittee to give free tastings of its liquor at ABC stores where the local ABC board has approved the tasting. Makes conforming changes to GS 18B-301(f)(1), excepting these consumer tastings from the prohibition against consuming or offering those beverages on the premises of an ABC store. Effective July 1, 2019.

Part VIII

Requires the ABC Commission to amend its rules consistent with the act.

Intro. by Waddell, Wells.GS 18B, GS 153A, GS 160A
S 88 (2019-2020) ELECTRICIAN REQUIREMENTS FOR CERTAIN ORGS. Filed Feb 19 2019, AN ACT TO CLARIFY THE STATUTES REGULATING ELECTRICAL CONTRACTORS TO ENABLE LICENSED ELECTRICAL CONTRACTORS EMPLOYED BY SCHOOLS, HOSPITALS, AND NONPROFITS TO MAKE REPAIRS AND CONDUCT MAINTENANCE AT ALL FACILITIES AT ALL TIMES WHEN DONE AT THE DIRECTION OF THE SCHOOL, HOSPITAL, OR NONPROFIT.

Amends GS 87-43.1, which sets out exceptions from the provisions of Article 4 of GS Chapter 87, Electrical Contractors. Adds further specificity to the exception for a person installing, maintaining, altering, or repairing electric work, wiring, devices, appliances, or equipment upon the person's own property when the property is not intended at the time for rent, lease, or sale, requiring the electric work to also be for that person's own benefit. Further specifies that this exception does not limit the ability of local boards of education, hospitals, or nonprofit organizations from employing personnel licensed under Article 4 to perform maintenance and repairs on property owned or in the possession of that local board of education, hospital, or nonprofit organization.

Amends GS 87-43.2, which sets out electrical contractor licensure requirements, specifying that Article 4 does not limit the ability of a licensee who is regularly employed by a local board of education to maintain an individual license or to contract or perform work at the direction of a nonprofit, a hospital, or a local board of education for any building or facility owned or in possession of that local board of education, regardless of whether all or a portion of the building or facility is being leased or otherwise provided for another entity or event. 

Amends GS 115C-524, explicitly authorizing local boards of education to employ personnel who are licensed as electrical contractors pursuant to Article 4 of GS Chapter 87.

Intro. by Sawyer, T. Alexander.GS 87, GS 115C
S 90 (2019-2020) PROTECT RELIGIOUS MEETING PLACES. Filed Feb 19 2019, AN ACT TO ENACT THE RELIGIOUS ASSEMBLY SECURITY AND PROTECTION ACT OF 2019.

Identical to H 110, filed 2/19/19.

Amends GS 14-269.2, which prohibits weapons on campus or other educational property, with listed exceptions. Adds a new subsection providing that the statute does not apply to a person with valid concealed handgun permit, or a person who is exempt from obtaining a permit, if: (1) the person possesses and carries a handgun on educational property other than an institution of higher education or a nonpublic, postsecondary educational institution; (2) the educational property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; and (4) the handgun is only possessed and carried on educational property outside of the school operating hours. Specifies for these purposes, property owned by a local board of education or county commission must not be construed as a building that is a place of religious worship.  Makes conforming changes to GS 14-415.11. Amends GS 14-269.2 by defining school operating hours. Effective December 1, 2019.

Intro. by Daniel, Britt, Johnson.GS 14
S 92 (2019-2020) DISAPPROVE MASSAGE/BODYWORK THERAPY BD. RULES. Filed Feb 19 2019, AN ACT TO DISAPPROVE RULES ADOPTED BY THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY.

Disapproves 21 NCAC 30 .0302 (Display of License), 21 NCAC 30 .0401 (Address of Record), 21 NCAC 30 .0405 (Place of Practice), 21 NCAC 30 .0701 (Continuing Education Requirements), 21 NCAC 30 .0702 (Continuing Education Definitions), 21 NCAC 30 .0703 (Scope of Qualified Activities for Maintaining Continuing Education), 21 NCAC 30 .0905 (Disciplinary Sanctions), 21 NCAC 30 .1001 (Establishment of License Required), 21 NCAC 30 .1002 (Term of License), 21 NCAC 30 .1003 (Initial Application for Licensure), 21 NCAC 30 .1004 (Establishment Operations), 21 NCAC 30 .1005 (Client Records Retention and Ownership), 21 NCAC 30 .1006 (Inspections), 21 NCAC 30 .1007 (Change of Trade Name), 21 NCAC 30 .1008 (Change of Location), 21 NCAC 30 .1011 (Continuing Duty to Report Certain Crimes and Civil Suits), 21 NCAC 30 .1012 (License Renewal), and 21 NCAC 30 .1013 (Address of Record), as adopted by the North Carolina Board of Massage and Bodywork Therapy on June 21, 2018, and approved by the Rules Review Commission on September 20, 2018; and 21 NCAC 30 .1009 (Change of Ownership) and 21 NCAC 30 .1010 (Informing Board of Violations) as adopted by the NC Board of Massage and Bodywork Therapy on June 21, 2018, and approved by the Rules Review Commission on October 18, 2018. 

Intro. by Bishop.UNCODIFIED
S 94 (2019-2020) HONOR NC A&T FOOTBALL TEAM. Filed Feb 19 2019, A SENATE RESOLUTION RECOGNIZING NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY FOR ITS LONG AND STORIED CONTRIBUTIONS TO THE EDUCATION AND TRAINING OF AFRICAN-AMERICANS AND OTHER DIVERSE STUDENTS AND CONGRATULATING THE UNIVERSITY'S FOOTBALL TEAM ON WINNING THE 2018 HISTORICALLY BLACK COLLEGES AND UNIVERSITIES NATIONAL CHAMPIONSHIP.

As title indicates. 

Intro. by Robinson, Clark, Smith.SENATE RES

The Daily Bulletin: 2019-02-19

LOCAL/HOUSE BILLS
H 101 (2019-2020) SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS. Filed Feb 19 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CERTAIN LOCAL BOARDS OF EDUCATION IN ADOPTING THE SCHOOL CALENDAR.

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) by adding that the local boards of education for the Elkin City Schools, Mount Airy City Schools, Rockingham County Schools, Stokes County Schools, and Surry County Schools may align the opening date of schools in the local school administrative unit with the calendar of a community college serving the city or county in which the unit is located.

Intro. by K. Hall, Stevens, Carter.Rockingham, Stokes, Surry
H 105 (2019-2020) RED LIGHT CAMERAS. (NEW) Filed Feb 19 2019, AN ACT TO MAKE CHANGES TO THE LAW GOVERNING RED-LIGHT CAMERAS IN THE TOWNS OF HOPE MILLS AND SPRING LAKE AND THE CITY OF FAYETTEVILLE.

Amends GS 160A-300.1 to authorize the Town of Hope Mills to adopt ordinances for the civil enforcement of GS 20-158 (concerning control of vehicles at intersections) by means of a traffic camera as set forth in GS 160A-300.1, as amended.

Amends SL 2007-341, as amended, to make the changes made therein to GS 160A-300.1, applicable to Hope Mills and Spring Lake. Those changes included increasing the penalty for camera-detected red light violations, requiring that the penalty proceeds be transferred to the local school board, provide what amounts could be deducted from the penalty by the municipality, and allow for the collection of an assistance fee from the responsible party. 

Amends GS 160A-300.1, as amended, by increasing the civil penalty for a violation detected by the traffic camera from $75 to $100. Applies to violations committed on or after October 1, 2019.

Amends GS 160A-300.1, as amended, to provide that if a vehicle owner fails to pay the civil penalty or to respond to the citation within 30 days, the civil penalty for the violation may be increased to an amount not to exceed $100. Prohibits the total amount of the combined civil penalty from exceeding $100. Applies only to Fayetteville, Hope Mills, and Spring Lake.

Further amends GS 160A-300.1(c), as amended, to establish that a municipality enacting an ordinance implementing a traffic control camera can enter into a contract with a contractor for the lease, lease-purchase, or purchase of the system. Limits the municipality to entering into only one lease, lease-purchase, or purchase of the system, and for a contract of no more than 60 months. Provides that the system will either be the property of the municipality or returned to the contractor upon the expiration of the contract.

Expressly authorizes the Cumberland County Board of Education to enter into an interlocal agreement with Hope Mills and Spring Lake to effectuate the purpose and intent of GS 160A-300.1 and this act. Provides that any such agreement can include provisions on cost-sharing and reimbursement that the Cumberland County Board of Education and either the Town of Hope Mills or the Town of Spring Lake freely and voluntarily agree to for the purpose of effectuating the provisions of GS 160A-300.1 and this act. 

Except as otherwise indicated in Section 4, applies to Hope Mills, Spring Lake, and the Cumberland County Board of Education.

Except as otherwise indicated in Section 3, the act becomes effective July 1, 2019.

Intro. by Lucas, Floyd, Szoka, Richardson.Cumberland
H 109 (2019-2020) SCHOOL CALENDAR FLEXIBILITY/IREDELL COUNTY. Filed Feb 19 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO LOCAL BOARDS OF EDUCATION LOCATED IN IREDELL COUNTY IN ADOPTING THE SCHOOL CALENDAR.

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 authorize local boards of education to align the calendar of schools in the local school administrative unit with the calendar of a community college serving the city or county in which the unit is located. Applies only to Iredell-Statesville Schools and the Mooresville Graded School District. Applies beginning with the 2019-20 school year.

Intro. by R. Turner, Fraley.Iredell
H 112 (2019-2020) ROANOKE RAPIDS LOCAL OPTION SALES TAX. Filed Feb 19 2019, AN ACT TO AUTHORIZE THE CITY OF ROANOKE RAPIDS TO LEVY A MUNICIPAL ONE PERCENT SALES AND USE TAX.

Applicable only to the City of Roanoke Rapids, enacts Article 47 to GS Chapter 105. Subject to voter approval, authorizes the City to levy a one percent sales and use tax in addition to any other State and local sales and use taxes levied. Requires the tax to be levied by resolution and only after 10 days' public notice. Sets parameters for an election on the question, and provides ballot language. Provides for the administration of the tax. Requires the Secretary of Revenue to monthly distribute the net proceeds collected from the tax to the City, and provides for apportionment in situations where proceeds cannot be identified as attributable to a particular taxing municipality. Specifies that amounts collected by electronic funds transfer payments are included in the monthly distribution in which the return that applies to the payment is received.

Requires the City to use the net proceeds of the tax levied under Article 47 for payment of debt service or other obligations or means of supporting capital costs, together with any related reserve requirements, for the Roanoke Rapids Theatre. Allows for the repeal of the tax levied by resolution, and requires repeal when the renegotiated loan payment on the Roanoke Rapids Theatre has been paid. Provides parameters and effect of a repeal. 

 

Intro. by Wray.Halifax, GS 105
H 115 (2019-2020) EVEN-YR. ELECTIONS/TOWN OF BILTMORE FOREST. Filed Feb 19 2019, AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE TOWN OF BILTMORE FOREST SHALL BE HELD IN EVEN-NUMBERED YEARS.

Amends Sections 3 and 7 of the Charter of the Town of Biltmore Forest set out in SL 1923-32, as amended, providing for the election of the mayor and three commissioners beginning in 2020, and quadrennially thereafter, for four-year terms. Sets the election for the Tuesday after the first Monday in November in each even-numbered year. Prohibits a municipal election in 2019. Extends the terms of the mayor and three commissioners whose terms expire in 2019 to 2020. Requires the regular municipal election to be conducted in 2020. 

Intro. by B. Turner.Buncombe
H 116 (2019-2020) SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS. Filed Feb 19 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CERTAIN LOCAL BOARDS OF EDUCATION IN ADOPTING THE SCHOOL CALENDAR.

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 Polk County and Transylvania County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.

Intro. by Henson.Polk, Transylvania

The Daily Bulletin: 2019-02-19

LOCAL/SENATE BILLS
S 79 (2019-2020) 15TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 19 2019, AN ACT RELATING TO THE 15TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Chaudhuri.Wake
S 80 (2019-2020) CHINA GROVE SATELLITE ANNEXATION. (NEW) Filed Feb 19 2019, AN ACT REMOVING THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWN OF CHINA GROVE.

Amends GS 160A-58.1 as title indicates.

Intro. by Ford.Rowan
S 83 (2019-2020) WINSTON-SALEM/REAL PROPERTY CONVEYANCES. Filed Feb 19 2019, AN ACT AUTHORIZING THE CITY OF WINSTON-SALEM TO CONVEY CITY-OWNED REAL PROPERTY FOR THE PURPOSE OF INCREASING THE SUPPLY OF AFFORDABLE HOUSING FOR LOW- AND MODERATE-INCOME PERSONS.

Identical to H 59, filed 2/12/19.

Authorizes the City of Winston-Salem (City) to sell real property for the purpose of increasing the supply of affordable housing for low- and moderate-income persons. Permits the sale to be with or without consideration and upon terms determined by the City. Provides that no property acquired by eminent domain may be conveyed for this purpose. Allows the conveying deed to contain a restriction providing for the return of the property to the City if it is no longer used for the purpose set out above prior to the expiration of the time period required by the City. Requires conveyances pursuant to the act be made by resolution granting specific authority to the appropriate city official, and requires the resolution to be posted on the City's website at least 10 days prior to the date the sale is finalized.

Intro. by Krawiec, Lowe.Forsyth
S 84 (2019-2020) WALKERTOWN ZONING AUTHORIZATIONS. Filed Feb 19 2019, AN ACT TO AMEND THE CHARTER OF THE TOWN OF WALKERTOWN TO ALLOW THE TOWN TO ENACT CERTAIN PROCEDURES RELATED TO ZONING AND SPECIAL USE PERMITTING.

Amends the Charter for the Town of Walkertown, found in SL 1983-936, by adding a new Section 10.1, which provides as follows. 

Empowers the Town Council, by ordinance, to regulate the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, water supply conservation, soil conservation, forestry, or other purposes. Allows dividing the Town's territorial jurisdiction into districts and allows for the regulation and restriction of  the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within those districts. Specifies additional requirements for such regulations. Also allows for the creation of special use districts in addition to general use districts. Sets out the requirements for a person petitioning for rezoning of a tract of land where special use districts are authorized. Sets out additional requirements depending on whether the petition is for general use district zoning or special use district zoning. Specifies what conditions may be included in a special use permit issued by the Town Council.  States that it is the intent of the new section to permit the creation of districts for specific uses and the imposition of reasonable conditions in order to secure the public health, safety, and welfare, and ensure that substantial justice be done.

 

Intro. by Krawiec.Forsyth
S 89 (2019-2020) 49TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 19 2019, AN ACT RELATING TO THE 49TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Van Duyn.Buncombe
S 91 (2019-2020) PERMIT LINCOLN CO SCHOOLS & COM COLLEGE ALIGN. Filed Feb 19 2019, AN ACT TO PERMIT THE LINCOLN COUNTY BOARD OF EDUCATION TO ALIGN ITS SCHOOL CALENDAR WITH THAT OF GASTON COLLEGE.

Identical H 71, filed 2/13/19.

Includes whereas clauses.

Amends GS 115C-84.2(d), as it applies to Lincoln County Schools only, to allow the local board of education to align the school calendars with the calendar of a community college serving the city or county in which the local school administrative unit is located. Effective beginning with the 2019-20 school year.

Intro. by T. Alexander.Lincoln
S 93 (2019-2020) SCHOOL CALENDAR FLEXIBILITY/WAKE COUNTY. Filed Feb 19 2019, AN ACT TO PERMIT WAKE COUNTY SCHOOLS TO ALIGN THE SCHOOL CALENDAR WITH THE LOCAL COMMUNITY COLLEGE CALENDAR.

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 authorize the Wake County local board of education to align the calendar of schools in the local school administrative unit with the calendar of a community college serving the city or county in which the unit is located. Applies only to Wake County Schools. Applies beginning with the 2019-20 school year.

Intro. by Searcy, Chaudhuri, Nickel.Wake
ACTIONS ON BILLS

Actions on Bills: 2019-02-19

PUBLIC BILLS

H 89: SEA-TECH CIHS/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 90: DPI/EC DIV. FEEDBACK/DIT STUDY/PED REPORT.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Health, if favorable, Rules, Calendar, and Operations of the House

H 91: ABC LAWS MODERNIZATION/PED STUDY.

    House: Passed 1st Reading
    House: Ref to the Com on Alcoholic Beverage Control, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 96: REVISE GEO. ISOLATED SCHS. FORMULA/CURRITUCK.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 97: INCREASE TRANSP. EFFICIENCY BUFFER/CURRITUCK.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 99: TRANSFER ALE/MOVE BOXING ADVISORY COMMISSION. (NEW)

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

H 100: DOT BUDGET FOR 2019-2021 BIENNIUM. (NEW)

    House: Filed
    House: Filed

H 102: ENHANCE PERMANENCY INNOVATION INITIATIVE.

    House: Filed

H 103: SMALL DAIRY SUSTAINABILITY ACT.

    House: Filed

H 104: LITTER DEFINITION CLARIFICATION.

    House: Filed

H 106: INMATE HEALTH CARE & 340B PROGRAM. (NEW)

    House: Filed
    House: Filed
    House: Filed

H 107: PED OVERSIGHT/EPP CHANGES.

    House: Filed

H 108: PED/SAFEKEEPER HEALTH CARE COST RECOV. PRACT.

    House: Filed

H 110: PROTECT RELIGIOUS MEETING PLACES.

    House: Filed

H 111: 2019-2021 BASE BUDGETS/CERTAIN AGENCIES. (NEW)

    House: Filed
    House: Filed
    House: Filed

H 113: MCAC AND TAC/FUNDS.

    House: Filed

H 114: GROSS PREMIUM TAX/PHPS.

    House: Filed
    House: Filed

H 117: SCHOOL CALENDAR FLEXIBILITY PILOT PROGRAM.

    House: Filed

H 118: COVID-19 LIAB. SAFE HARBOR. (NEW)

    House: Filed
    House: Filed

H 119: FEES TO CERTIFY AS A COMPANY POLICE AGENCY.

    House: Filed

H 120: CLARIFY FIRE DISTRICT FUNDING ELIGIBILITY.

    House: Filed

H 121: EXPUNCTION RELATED TO RTA/NO CONVICTION.

    House: Filed

H 122: CRIMINAL INFORMATION NETWORK/REVISE FEE.

    House: Filed

H 123: RAISE VEHICLE SAFETY INSPECTION FEE.

    House: Filed

H 124: SMART START FUNDS.

    House: Filed

S 5: SCHOOL SAFETY OMNIBUS. (NEW)

    Senate: Reptd Fav
    Senate: Reptd Fav

S 6: DARE COUNTY/CC CONSTRUCTION FUNDS.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 11: ABC REGULATION AND REFORM.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

S 29: MOVE OVER LAW/INCREASE PENALTIES/AMBER LIGHTS. (NEW)

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

S 56: REVENUE LAWS TECHNICAL CHANGES.

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

S 74: NC A&T FOOTBALL TEAM.

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

S 75: RESTORE CT. OF APPEALS MEMBERSHIP.

    Senate: Passed 1st Reading
    Senate: Ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 76: SENATE BOG ELECTIONS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Select Committee on Nominations

S 77: AG DISASTER FUND/CERTAIN COUNTIES.

    Senate Chamber: Passed 1st Reading
    Senate Chamber: Ref To Com On Rules and Operations of the Senate
    Senate Chamber: Withdrawn From Com
    Senate Chamber: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate

S 78: TRANSFER ALE.

    Senate: Filed

S 81: LITTER DEFINITION CLARIFICATION.

    Senate: Filed

S 82: DISMISSAL OR NOT GUILTY/AUTOMATIC EXPUNCTION.

    Senate: Filed

S 85: LEO RETIREMENT & HIGHER ED ENHANCEMENT ACT.

    Senate: Filed

S 86: SMALL BUSINESS HEALTHCARE ACT.

    Senate: Filed
    Senate: Filed

S 87: ABC LAWS MODERNIZATION/PED STUDY.

    Senate: Filed

S 88: ELECTRICIAN REQUIREMENTS FOR CERTAIN ORGS.

    Senate: Filed

S 90: PROTECT RELIGIOUS MEETING PLACES.

    Senate: Filed

S 92: DISAPPROVE MASSAGE/BODYWORK THERAPY BD. RULES.

    Senate: Filed

S 94: HONOR NC A&T FOOTBALL TEAM.

    Senate: Filed

Actions on Bills: 2019-02-19

LOCAL BILLS

H 92: MOORESVILLE LOCAL OPTION SALES TAX.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 93: SCHOOL CALENDAR FLEX/MARTIN COUNTY.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 94: SCHOOL CALENDAR FLEXIBILITY/LENOIR COUNTY.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 95: SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 98: MACON/CLAY/NO RIGHT-OF-WAY SPOTLIGHTING.

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

H 101: SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS.

    House: Filed

H 105: RED LIGHT CAMERAS. (NEW)

    House: Filed
    House: Filed

H 109: SCHOOL CALENDAR FLEXIBILITY/IREDELL COUNTY.

    House: Filed

H 112: ROANOKE RAPIDS LOCAL OPTION SALES TAX.

    House: Filed

H 115: EVEN-YR. ELECTIONS/TOWN OF BILTMORE FOREST.

    House: Filed

H 116: SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS.

    House: Filed

S 4: EXTEND TERMS OF 2 MEMBERS/COASTAL CAROLINA CC.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 12: FILL CERTAIN VACANCIES/ALEXANDER & BURKE CO. (NEW)

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate
    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 79: 15TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)

    Senate: Filed
    Senate: Filed
    Senate: Filed

S 83: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.

    Senate: Filed

S 84: WALKERTOWN ZONING AUTHORIZATIONS.

    Senate: Filed

S 89: 49TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 91: PERMIT LINCOLN CO SCHOOLS & COM COLLEGE ALIGN.

    Senate: Filed

S 93: SCHOOL CALENDAR FLEXIBILITY/WAKE COUNTY.

    Senate: Filed

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