Committee substitute to the 1st edition amends GS 7A-133 by increasing the number of district court judges in district 25 from 9 to 10. Adds provision that only Burke or Caldwell County residents may be candidates for the District 25 judgeship created in this act.
Appropriates $447,796 (was, $338,573 in 1st edition) from the General Fund to the Administrative Office of the Courts for the 2020-21 fiscal year.
The Daily Bulletin: 2019-02-20
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The Daily Bulletin: 2019-02-20
Repeals GS Chapter 78C, Article 9 (Uniform Athlete Agents Act). Enacts new GS Chapter 78C, Article 10 (Revised Uniform Athlete Agents Act). The new Article contains provisions that are substantively identical to the previous Article, except as indicated below.
Throughout the act, regulations on actions by or toward covered athletes are expanded to include actions by or toward parents or legal guardians of the covered athlete when the covered athlete is a minor.
Re-defines athlete agent (expands definition to include (1) individuals who, for compensation, procures or attempts to obtain employment for a covered athlete as a professional athlete or member of a professional sports team; (2) individuals not employed and acting exclusively for an educational institution who, for compensation, advise or manage covered athletes on matters relating to their business career; and (3) individuals who do either of the above in anticipation of representing a covered athlete. Does not include licensed professionals offering services customarily provided by the profession, unless those professionals (1) directly or indirectly solicit a covered athlete into an agency contract; (2) for compensation, procure or attempt to obtain employment for the athlete as a professional athlete; or (3) receive compensation for professional services at a different rate from individuals who are not covered athletes. Removes language excluding family members of a covered athlete acting solely on behalf of the athlete). Expands the definition of covered athlete to also include former student athletes.
Defines several new terms, including interscholastic sport (sport played between educational institutions that are not community colleges, colleges, or universities), and recruit or solicit (attempt to influence the choice of an athlete agent by a covered athlete, not including non-compensated advice given in family or coaching situations).
Authorizes the Secretary of State (Secretary) to adopt rules to implement this Article.
Prohibits an individual from acting as an athlete agent before being issued a registration certificate for purposes of accepting a commitment from a covered athlete to enter into an agency contract in the future. Eliminates the provision authorizing a North Carolina attorney to act as an athlete agent without registering.
Expands the requirements for registration as an athlete agent to include (1) the Social Security number, date, place of birth, home address, work and mobile telephone numbers, any means of electronic communication, social media accounts of the applicant, and a list of states in which the applicant is currently registered or licensed as an athlete agent or has applied to be registered or licensed; (2) the mailing address, telephone number, social media accounts, organization form, and nature of business of applicant’s businesses or employers; (3) the name of each athlete who terminated an agency contract or other professional agreement with the applicant, or whose contract was terminated by the applicant, within five years preceding the date of application; (4) information regarding the status of applications for state or federal business, professional, or occupational licenses and status as a defendant or respondent in a civil proceeding, unsatisfied judgments, and bankruptcy petitions within 10 years before the date of application, of specified business associates; (5) the name, date of certification or registration, expiration of certification or registration; date of any denial, suspension, revocation, refusal to renew, withdrawal of, or termination of certification of any certifying professional league or players association, if applicable; and (6) any additional information required by the Secretary of State. Deletes the requirement of the names and addresses of three individual references, and the provision allowing an applicant who has applied for registration or licensure as an athlete agent in another state to submit a copy of that application in lieu of the prescribed application.
Authorizes the Secretary to consider, in addition to the previously authorized factors, whether an applicant has been refused renewal of registration or licensure as an athlete agent in any state, in determining whether to issue a certificate of registration.
Authorizes the Secretary to, in addition to the previously authorized penalties, limit a registration of an applicant. Deletes the provision requiring the Secretary to provide notice and opportunity for hearing before denying, suspending, revoking, or refusing to renew a certificate of registration or licensure.
Revises the required form of agency contracts to require a statement that the athlete agent is registered in the State and a list of all other states in which the athlete agent is registered as an athlete agent. Revises the text of the required boldface type notice that must be included in an agency contract. Requires an accompanying separate record signed by the covered athlete acknowledging that signing the contract may result in loss of eligibility to participate in the sport as a student athlete. If the covered athlete is a minor, all forms and contracts must be signed by the athlete’s parent or guardian.
Expands requirements to notify the athletic director of an educational institution to include circumstances in which (1) a covered athlete enrolls in an educational institute subsequent to the creation or commitment to the future creation of an agency contract between the covered athlete and the athlete agent (notice required not later than 72 hours after the athlete agent knows or should have known of the enrollment); (2) a relationship exists between the athlete agent and a covered athlete, which was motivated by the intention to recruit or solicit the covered athlete into a future agency contract, or in which the athlete agent previously recruited or solicited the covered athlete (notice required not later than 10 days after the enrollment); (3) a covered athlete is already enrolled in an educational institution or was recently enrolled, and the athlete agent has not yet communicated with the covered athlete, and plans to do so (notice required before attempted communication); (4) the covered athlete initiates contact with the athlete agent (notice required not later than 10 days after the communication or attempted communication); or (5) an athlete agent knows or should have known of a violation of this Article that could render a covered athlete ineligible to engage in an interscholastic or intercollegiate sport (notice required not later than 72 hours after becoming aware, or before the covered athlete’s next scheduled athletic event, whichever occurs first).
Requires educational institutions that become aware of an athlete agent’s violations of this Article to notify the Secretary and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered.
Deletes the provision waiving an athlete’s attorney-client privilege with respect to records required to be retained by an athlete agent.
Deletes and replaces current section on prohibited conduct. Athlete agents are prohibited from (1) giving materially false or misleading information or making a materially false promise or representation, or furnishing anything of value to a covered athlete or an individual other than the covered athlete, with intent to influence a covered athlete, or encouraging any individual to take the same actions; (2) initiating contact with a covered athlete to recruit or solicit the covered athlete to enter an agency contract in the present or in the future; and (3) intentionally failing to create, retain, or permit inspection of required records; failing to register as required; providing materially false or misleading information in an application for registration or renewal of registration; pre- or post-dating an agency contract; failing to notify a covered athlete before entering into an agency contract that the signing may make the covered athlete ineligible to participate as a student athlete in that sport; or failing to notify a covered athlete before seeking or accepting a commitment letter to enter into an agency contract for a particular sport that may make the covered athlete ineligible to participate as a student athlete in that sport. Violations of (1) and (2) are Class H felonies, and violations of (3) are Class 1 misdemeanors. Further prohibits an athlete agent from entering into an agency contract that does not conform with GS 78C-114 and GS 78C-120, and seeking or accepting from a covered athlete a commitment to enter into an agency contract in the future.
Authorizes a covered athlete, in addition to the previously authorized educational institution, to bring an action for damages against athlete agents if adversely affected by the agent’s violation of this Article. Violations of the Article are unfair trade or deceptive practices for the purposes of GS Chapter 75. Athlete Agents held liable forfeit rights of payment for anything of benefit or value provided to the covered athlete, and shall refund consideration already paid to the athlete agent. Eliminates the provision authorizing actions against former student athletes by educational institutions.
Increases the limit on authorized civil penalty for a violation to $250,000 (currently $25,000). Directs the Secretary to consider 16 mitigating and aggravating factors in assessing a civil penalty, including the degree and extent of harm to the covered athlete and educational institution, the nature of the violation, willfulness, and fraud.
Includes a severability clause.
Directs the Revisor of Statutes to print, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Revised Uniform Athlete Agents Act (2015) and the explanatory comments of the drafters of this act as the Revisor deems appropriate.
Effective December 1, 2019, and applies to acts and omissions occurring on or after that date.
Intro. by Davis, Hardister, Howard, Reives. | GS 78C |
Amends GS 130A-412.7, as the title indicates. Effective October 1, 2019.
Intro. by Murphy, Dobson, Potts, Sasser. | GS 130A |
Identical to S 77, filed 2/18/19.
Deems eligible for financial assistance set out in Section 5.11 of SL 2018-136 (Hurricane Florence Agricultural Disaster Program of 2018) persons who experienced a verifiable loss of agricultural commodities as a result of Hurricane Michael whose farm is located in a county that received a Presidential or Secretarial disaster declaration, as specified, between January 31, 2019, and February 15, 2019. Directs the Department of Agriculture and Consumer Services to accept applications from eligible persons for no more than 10 consecutive business days on which the federal government is not partially or fully shut down, beginning on the date the act becomes law. Sunsets the act on the date the Department has processed all applications validly received during the prescribed period.
Intro. by Elmore, R. Turner, Fraley, Stevens. | UNCODIFIED |
Establishes the High Achieving Tuition Scholarship Program (Program) and sets out the Program's purposes, including: encouraging higher performing students at community colleges, creating more educational and career options for students, and developing a more competitive workforce.
Eligible students must: (1) in the academic semester prior to enrolling in a community college, graduate with at least a 3.5 unweighted grade point average from either a public high school located in this state or a nonpublic high school or home school located in this state; (2) present evidence that the student is a US citizen or eligible noncitizen; (3) qualify as a resident of this state for tuition purposes; (4) gain admission as a student at a North Carolina community college in a curriculum program; (5) comply with Selective Service registration requirements; and (6) affirmatively state that the student does not have a felony conviction for a controlled substance offense.
Requires the State Education Assistance Authority (Authority) to, within available program funds, annually award High Achieving Tuition Scholarships to eligible students in an amount not to exceed the cost of 16 credit hours of tuition per fall or spring academic semester for a maximum of four academic semesters. Also requires the Authority to require students to complete a Free Application for Federal Student Aid (FAFSA) to be eligible for a scholarship award and reduce the amount of the scholarship award for any student by the amount of grants or scholarships from other sources the student receives. Requires scholarships to be awarded to eligible students in the order in which they are received. Requires the Authority to award scholarships beginning with the fall semester of the 2020-21 school year to students graduating from high school in the 2019-20 school year.
Requires a scholarship to be renewed if the student maintains a 3.0 grade point average, completes a minimum of 30 semester credit hours by the end of the academic year, and makes an affirmative statement that the student does not have a felony conviction for a controlled substance offense.
Requires a scholarship to be revoked for any of the following at the conclusion of the first semester of an academic year: (1) failure to maintain a course load of at least 12 credit hours or (3) default or unpaid refund on a student financial aid program.
Requires the Authority to adopt rules for administering the Program.
Requires community colleges to ensure scholarship recipients are provided counseling and assistance in maintaining the necessary grade point averages and selecting coursework that reflects their educational and career goals, and for students planning to enter a constituent institution of The University of North Carolina, the State Board of Community Colleges is required to ensure that credits earned by participating students are transferable.
Appropriates $50,000 for 2019-20 from the General Fund to the UNC Board of Governors to be allocated to the Authority for administrative costs. Appropriates $2 million from the General Fund to the UNC Board of Governors for 2020-21 for administrative costs and award of scholarships. Allows the Authority to use up to 5% of the appropriate funds for administrative costs. Requires that any unexpended funds for this purpose not revert at the end of each fiscal year, but instead remain available to award scholarships to eligible students.
Requires the UNC Board of Governors to adopt a policy to allow any student admitted to a constituent university who receives a High Achieving Tuition Scholarship to defer admission to the constituent institution for two years, beginning with the 2020-21 school year. Makes deferred admission contingent upon the successful completion of an associates' degree and remaining in good standing in the Scholarship Program while in community college.
Requires the State Board of Education, for the 2019-20 school year, to direct local boards of education to survey high school students in their senior year who meet the eligibility requirements of the High Achieving Tuition Scholarship to determine interest in the program. Requires the State Board of Education to report the survey results to the Joint Legislative Education Oversight Committee by December 15, 2019.
Requires the UNC Board of Governors and the State Board of Community Colleges to jointly identify and report to the Joint Legislative Education Oversight Committee by April 1, 2023, on potential issues related to the transition of High Achieving Tuition Scholarship recipients from community college to university enrollment, and other recommendations to improve and expand the Program.
Requires the State Education Assistance Authority to report annually on or before September 1, beginning in 2021, to the Joint Legislative Education Oversight Committee on the implementation of the High Achieving Tuition Scholarship Program. Specifies information that must be included in the report.
Effective July 1, 2019.
Intro. by Elmore, Hurley, Goodman, Howard. | APPROP, UNCODIFIED |
Amends GS 136-41.3, as the title indicates.
Intro. by Conrad, Lambeth. | GS 136 |
Identical to S 66, filed 2/14/19.
Enacts Part 4 in Article 37 of GS Chapter 14 authorizing and regulating "game nights" held by nonprofit organizations. A nonprofit organization operating a game night must first obtain a permit by submitting an application with complete information including a $100 fee to either the central office or district office of the Alcohol Law Enforcement Section of the Department of Public Safety. Requires permits be displayed at game night events. Nonprofit organizations are prohibited from operating more than four game night events per year and each event must not exceed 5 hours. Regulates the timing of the events and sets out other limitations on the games. Limits the costs of prizes and expenses from exceeding the event proceeds. Cash prizes are prohibited and prizes are required to be awarded by raffles. Games are limited to roulette, blackjack, poker, craps, simulated horse racing, merchandise wheel of fortune, or any other games specified in the permit application and approved by Alcohol Law Enforcement. Requires hired game night vendors be paid at a fixed fee. Violations of game night regulations are punishable as Class 2 misdemeanor, with responsibility placed upon the person applying for the permit on behalf of the nonprofit organization. Limits the applicability of the Part to areas of the state located east of I-26 as it was located on November 28, 2011. Provides qualified facilities immunity from civil or criminal liability for violations of the Part if the nonprofit organization provided the facility with the permit for the game night event. Establishes that it is lawful for an employer or trade association, with 25 or more employees, to hold a game night event for employees and guests, so long as (1) there is no cost or charge to attendees; (2) the employer or trade association obtains a permit and pays the required fee set out in new GS 14-309.27; and (3) the game night event is held at a qualified facility, as defined in new GS 14-309.25(4). Adds that verification of tax-exempt status and licensure or exemption under GS Chapter 131F required by GS 14-309.27(b)(3) and (4) are not required from an applicant for a permit if the applicant is required to obtain the permit pursuant to the provisions of GS 14-309.34.
Enacts GS 14-309.35, making it lawful to possess or transport gaming table or equipment solely for use in game night events.
Makes clarifying changes to proposed GS 18B-1000(5a), defining qualified facility.
Directs the Department of Public Safety to make a report to the 2020 General Assembly detailing the game night event permit administration, as specified, including recommended changes to the act, if any.
Effective May 1, 2019. Voids the act if any portion of the act is held unconstitutional, or if the passage of the act would cause the State to forfeit payments due under a compact entered into between the State and a federally recognized Indian tribe.
Identical to S 71, filed 2/14/19.
Repeals Article 2E, Transportation Corridor Official Map Act, of GS Chapter 136.
Makes conforming changes to GS 47-30(l), which provides exemptions from the statute's mapping requirements for the registration of certain plats and subdivisions. Further amends the statute to remove the exemption for the registration of highway right-of-way plans of plats acquired by the North Carolina Turnpike Authority as provided for in GS 136-89.184.
Makes conforming changes to repeal GS 160A-458.4, which authorized any city to establish transportation corridor official maps pursuant to Article 2E of GS Chapter 136, repealed by the act, and GS 161-14(c), which provided for the registration of transportation corridor maps.
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.
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 Morey, Rogers, Richardson, Reives. | GS 15A |
Directs the Department of Health and Human Services (DHHS) and the Department of Military and Veterans Affairs (DMVA) to develop and implement a two-year pilot program in Cumberland County to provide health care services to veterans. Requires DHHS and DMVA to coordinate with Community Care of NC and Maxim Healthcare Services. Provides for the pilot program to consist of both a health care initiative and a workforce initiative. Terminates the pilot program on June 30, 2021.
Directs DHHS to conduct and submit a comprehensive evaluation of the pilot program to the Joint Legislative Oversight Committee on Health and Human Services by February 1, 2021. Details the required components of the comprehensive evaluation, including: (1) the specific ways the health care initiative provided increased access to health care resources for veterans; (2) the total number of unemployed and underemployed veterans who were recruited and trained as community health workers under the workforce initiative; and (3) the specific ways DHHS spent funds appropriated by the act, below.
Appropriates $400,000 in nonrecurring funds for 2019-20 and $350,000 in nonrecurring funds for 2020-21 from the General Fund to DHHS to support the development and implementation of the pilot program.
Effective July 1, 2019.
Intro. by Szoka, Dobson, Grange, Pierce. | APPROP |
Part I
Recodifies GS 15A-311 (Consulate documents not acceptable as identification) as GS 64-6.
Amends GS 64-6, as recodified above, deleting language in subsection (c), which previously allowed law enforcement officers to use identity documents issued or created by individuals, organizations, or local governments for the purpose of assisting in determining the identity of a person when no other such documents are available. Makes a technical change to the section's catchline.
Effective July 1, 2019.
Part II
Enacts new GS Chapter 64, Article 3, Local Government Noncompliance with State Laws Related to Immigration, setting out specific findings of the General Assembly, including that the policy objectives of the General Assembly are frustrated when cities, counties, and law enforcement agencies do not uniformly comply with State law and that supreme power and complete discretion over State funds appropriations can be used to create additional incentives for compliance. Sets out three definitions in use for the Article, including affected local government, law enforcement agency, and state law related to immigration - defined as GS 64-6(b) (prohibition on adopting policy or ordinance to accept excluded documents as valid id), GS 153A-145.5 (prohibition on adoption of sanctuary ordinances), or GS 160A-205.2.
Directs the Attorney General (AG) to create a form upon which individuals can allege that a city, county, or law enforcement agency is currently not in compliance with a State law related to immigration. The form is to be made available on the AG's website and once completed the form should be sent to the AG. No Social Security number or notarization is required on the form. Anonymous statements submitted on a nonprescribed form are not prohibited from consideration, but all complaints or allegations must be made having a good faith belief.
Requires the AG to begin an investigation into the allegations of noncompliance within 45 days of receipt of filed statement, with a final determination and conclusion of the investigation within 60 days of the investigation's commencement. The AG is authorized to ask for assistance from the State Bureau of Investigation in conducting the investigation. Further directs local governments to produce records or documents related to the investigation within 10 business days of request by the AG. Provides that statements, records, reports, and other investigative documents are confidential and not public records until the investigation is complete or 60 days have elapsed since the investigation was commenced. Authorizes local governments to request that confidential documents be made public.
Sets out consequences of a determination that a local government is not in compliance with State law related to immigration. Consequences include ineligibility for specified state distributions for a year (which can be extended upon continued non-compliance) and that the AG will notify the affected local governments, the chairs of the Appropriations Committees of the Senate and House of Representatives, the chairs of the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, and the Secretary of Revenue. Also includes provisions detailing consequences of the AG receiving notification of noncompliance with E-verify, which include all of the above consequences. Sets out specific entities that receive the consequences of noncompliance with E-Verify regulations.
Sets out procedures and administrative guidelines for the AG, including reporting requirements. Requires the AG to maintain a database of those entities ineligible for funds and to report to the Joint Legislative Commission on Governmental Operations on a quarterly basis concerning the numbers of statements, investigations, consequences rendered, and the names of those entities found not to be in compliance.
Sets out the procedure for appealing a determination made by the AG.
Allows the AG to designate a person to carry out the AG's duties under this Article. Requires the AG to adopt rules necessary to implement the Article.
Allows a person residing in a city, county, or law enforcement agency that the person believes is not complying with a State law related to immigration to bring an action for declaratory and injunctive relief and sets out the procedure for doing so. Requires the court to impose a civil penalty against any city, county, or law enforcement agency that fails to comply with an order issued as a result of such an action of up to $10,000 per day for each day of noncompliance.
Amends GS 64-33.1 by adding provisions specifying actions to be taken when a local entity or local school administrative unit violates GS 143-133.3, which sets our requirements for E-verify compliance.
Requires the AG's office to take steps to notify local governments of the act's provisions.
Makes conforming change to GS 136-41.1, GS 105-113.82, GS 105-164.44F, GS 105-164.44I, GS 105-164.44L, and GS 105-187.19.
Enacts new GS 115C-52 requiring the Commissioner of Labor to include notice to the Superintendent of Public Instruction when notifying a local board of education that a local board of education is not in compliance with GS 143-133.3 (concerning E-verify compliance). Prohibits allocating state funds to pay the local superintendent's salary for one 12-month period (to be extended upon continued noncompliance). Requires notification to six listed entities of the determination that the local board of education is not in compliance with GS 143-133.3 and of the period of ineligibility for state funds to be used for the salary of the local school superintendent.
Effective July 1, 2019.
Part III
Amends GS 153A-145.5 (prohibiting counties from adopting sanctuary ordinances) and GS 160A-205.2 (prohibiting cities from adopting sanctuary ordinances) to establish a private cause of action for declaratory and injunctive relief for any person who resides within the jurisdiction of a county or city, respectively, that the person believes is not in compliance with the statute. Requires the court to award the prevailing party reasonable attorneys' fees and court costs. Additionally imposes a civil penalty of up to $10,000 per day against any county or city that fails to comply with an order issued as a result of an action pursuant to the statute.
Effective July 1, 2019.
Part IV
Further amends GS 153A-145.5 and GS 160A-205.2 by adding that a county or city, respectively, that is in violation of the statute has waived its governmental immunity.
Enacts new GS 153A-435.1 (applicable to counties) and GS 160A-485.1 (applicable to cities) specifying that the county or city has waived its civil liability immunity if it does not comply with the applicable statute prohibiting sanctuary ordinances and an unauthorized alien commits a crime within the county or city. The immunity is waived whether or not the county or city has purchased insurance.
Part V
Enacts new GS 116-40.13 prohibiting constituent institutions from having policies or procedures that limit or restrict the enforcement of federal immigration law. Prohibits constituent institutions from doing the following related to citizenship or immigration status: (1) prohibit law enforcement officials or agencies from gathering such information, (2) direct law enforcement officials or agencies not to gather such information, or (3) prohibit the communication of such information to federal law enforcement agencies. Sets out the procedure for investigating reported violations. Upon determining that there has been a violation, requires the Board of Governors to immediately revoke the constituent institution's status as a special responsibility constituent institution for the fiscal year, which may be extended upon continued noncompliance.
Part VI
Requires the Secretary of the Department of Public Safety to enter into a Memorandum of Agreement (MOA) with the Director of U.S. Immigration and Customs Enforcement (ICE) to allow designated State law enforcement officers to perform immigration law enforcement functions. Specifies training those officers are to receive and provides that they will be under the supervision of ICE officers when performing under the MOA.
Intro. by Cleveland, Presnell, Speciale, Brody. | GS 15A, GS 64, GS 105, GS 115C, GS 116, GS 136, GS 153A, GS 160A |
Amends GS 14-415.16 as the title indicates. Also amends the statute by requiring that to qualify for the course refresher, the concealed carry permittee must apply to renew the permit within 180 (was, 60) days after the permit expires. Applies to renewal applications submitted on or after October 1, 2019.
Intro. by Cleveland, Adams, Speciale. | GS 14 |
Amends GS 14-286 to make it a Class I felony to willfully interfere with, damage, deface, molest, or injure any part or portion of a fire-alarm, fire-detection, smoke-detection, or fire-extinguishing system in a prison or local confinement facility (as defined). Makes conforming and organizational changes. Applies to offenses committed on or after December 1, 2019.
Intro. by Shepard, McNeill, C. Smith, Cleveland. | GS 14 |
Creates a 12-member Commission as title indicates. Directs the study to consider multiple issues relating to gun violence among juveniles. Requires that the Commission report to the General Assembly by May 1, 2020, at which time the Commission will terminate.
Intro. by Pierce. | STUDY |
Subject to approval by voters at the statewide election in March 2020, adds new Section 25 to Article II of the North Carolina Constitution. New Section 25 sets out the following standards and process for redistricting.
Requires the establishment of electoral districts for Congress and the General Assembly, and allows for the establishment of electoral districts for local boards of education and for any unit of local government. Requires that the districts meet the following: (1) in the legislative drafting of each electoral district for any plan introduced for consideration by the General Assembly, prohibits using political affiliations of registered voters, previous election results, residential address of an incumbent or declared candidate, demographic information other than population head counts, except as required to comply with federal law, or any other data which could identify with reasonable certainty the voting tendencies of any group of citizens; (2) each electoral district required by federal law or the State Constitution must be formed before the formation of all other electoral districts and must be formed consistent with law; (3) each electoral district must be established on the basis of population; (4) each electoral district is to consist of contiguous territory; (5) prohibits, to the extent practicable, dividing a county in the drawing of any Congressional or legislative districts; (6) requires each electoral district to be as reasonably compact as practicable; (7) requires that for Congressional and legislative districts, a single member be apportioned to each electoral district; and (8) prohibits drawing electoral districts with the purpose of discriminating on the basis of race or political affiliation. Sets out the process for considering bills establishing electoral districts, including when information must be made available to the public. Allows the General Assembly to authorize a redistricting commission to establish Congressional and legislative districts.
Makes conforming changes to Sections 3 and 5 of Article II.
If approved, the above are effective upon certification.
If the constitutional amendments are approved, enacts new Article 1B, Nonpartisan Redistricting Process, in GS Chapter 120, which provides as follows, effective January 1, 2021. Requires the Legislative Services Office (LSO) to acquire, review, and evaluate information, review and evaluate available facilities, and develop programs and procedures in preparation for drawing congressional and legislative redistricting plans on the basis of each federal census. Requires the LSO, by December 31 of each year ending in zero, to obtain specified information from the Census Bureau on geographic and political units in the state. Requires the LSO to use the data to (1) prepare necessary descriptions of geographic and political units for which census data will be reported and which are suitable for use as components of legislative districts and (2) prepare maps of counties, cities, precincts, VTDs, and other geographic units within the State which may be used to illustrate the locations of legislative district boundaries proposed in plans drawn in accordance with this Article. Requires LSO to obtain, by the specified date, the population data needed for legislative districting and assign a population figure to geographic and political units based upon that data. Requires the data and methods used in drafting electoral districts to be made public before preparing any districting plans. Specifies information, including maps illustrating the plan, that must be made public when the LSO delivers a bill embodying a plan.
Requires by April 1 of each year ending in one that the LSO deliver to the clerks' offices and legislators identical bills embodying a plan of legislative and congressional districting. States the intent that the bill be brought to a vote in either chamber no less than three legislative days after the report of the Temporary Redistricting Advisory Commission required by new GS 120-4.56. Sets out additional legislative procedures for the bill including prohibiting amendments except those of a purely corrective nature. Sets out provisions governing the failure of a bill.
Prohibits drawing a district for the purpose of favoring a political party, incumbent legislator, or member of Congress, or other person or group, or for the purpose of augmenting or diluting the voting strength of a language or racial minority group. Prohibits, except as required by law, using (1) political affiliations of registered voters, (2) previous election results, (3) residential address of an incumbent or declared candidate, (4) demographic information, (5) any other data which could identify with reasonable certainty the voting tendencies of any group of citizens. Requires districts to be established on the basis of population, as specified, to be composed of convenient contiguous territory, and requires district boundaries to coincide with the boundaries of political subdivisions of the State. Requires that in Senate and State House plans, the "whole county" requirements be complied with in a manner consistent with federal law and requires minimizing the number of counties and cities divided. Sets out requirements for compactness.
Requires the establishment of a five-member Temporary Redistricting Advisory Commission (Commission) by February 15 of each year ending in one, with four members who are selected by four selecting authorities selecting the fifth member. Provides for the filling of vacancies and reimbursements. Sets out classes of individuals who may not serve on the Commission. Sets out the following Commission functions: (1) answering LSO written requests for direction in preparing plans; (2) authorizing by the release of specified information; (3) scheduling public hearings reporting on those hearings after the LSO delivers to the NCGA a bill embodying an initial plan for congressional or legislative districting.
Appropriates $82,115 for 2019-20 from the General Fund to the Department of Public Safety (DPS), Health Services Section, to fund one full-time Social Research Specialist III, or equivalent classification, responsible for combining and analyzing data on inmate health care in order to identify factors that increase inmate health care costs and ways in which DPS can limit those factors. Provides that the Social Research Specialist III reports directly to the Director of the Division of Health Services. Effective July 1, 2019.
Intro. by Horn, Farmer-Butterfield, Lucas, R. Turner. | APPROP |
Requires the Legislative Research Commission (Commission) to study the feasibility of requiring individuals' participation in a universal identification program to secure all State-related transactions. The Commission is to study whether any existing State of North Carolina identification system, database, or network would be appropriate to add biometric identification as an additional authentication method. Requires the Commission to report its findings and recommendations to the 2020 General Assembly.
Intro. by Terry, Beasley, Alexander. | STUDY |
The Daily Bulletin: 2019-02-20
Senate amendment to the 1st edition makes the following changes.
Amends GS 143C-4-3.1 concerning funding project with funds from the State Capital and Infrastructure Fund (Fund) by providing that money provided to local governments from the Fund (was, money appropriated from the Fund) must not be used to retire existing debt service.
Makes organizational changes to the act.
As title indicates. Effective June 30, 2019.
Intro. by Burgin. | UNCODIFIED |
Identical to H 107, filed 2/19/19.
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 Waddell, D. Davis, Foushee. | GS 115C |
Appropriates $500,000 for 2019-20 and $500,000 for 2020-21 from the General Fund to Sit-In Movement Inc., to be used to support the International Civil Rights Center & Museum in Greensboro. Effective July 1, 2019.
Intro. by Robinson, Garrett. | APPROP |
The Daily Bulletin: 2019-02-20
Amends GS 153A-27.1, as the title indicates. Applies to vacancies filled on or after the date that the act becomes law.
Intro. by Cleveland, Dixon, Shepard. | Onslow |
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 Cumberland County Schools opening date for students must be no earlier than 10 days before the Monday closest to August 26. Makes conforming changes. Applies beginning with the 2019-20 school year.
Intro. by Lucas, Floyd, Richardson, Szoka. | Cumberland |
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 Pitt County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
Intro. by Humphrey, Murphy, K. Smith. | Pitt |
The Daily Bulletin: 2019-02-20
Includes whereas clauses. Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided. Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
Amends GS 115C-84.2(d) as the title indicates. Allows Cleveland County Schools to open as early as the Monday closest to August 10 (currently, no earlier than the Monday closest to August 26), excluding year-round schools. Deletes the provisions of subsection (d) concerning waiver of the requirements upon a showing of good cause.
Applies beginning with the 2019-20 school year.
Intro. by T. Alexander. | Cleveland |
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 Chatham County Schools with additional flexibility in adopting their school calendars. Provides that regardless of the opening date, first semester exams may be given before winter break. Applies beginning with the 2019-20 school year.
Intro. by Foushee. | Chatham |
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 Chapel Hill-Carrboro City Schools and Orange County Schools with additional flexibility in adopting their school calendars. Regardless of the opening date selected for students, all first semester examinations may be given before winter break.
Applies beginning with the 2019-20 school year.
Intro. by Foushee. | Orange |
Identical to H 31, filed 2/6/19.
Section 1
Allows the Durham Public School Board of Education (Board) to enter into contracts to construct, provide, or maintain affordable rental housing on property owned by the Board or by Durham County.
Section 2
Authorizes the Board to enter into residential housing unit lease agreements for housing units it owns. The Board must restrict the rental of such units exclusively to Durham Public Schools teachers and employees. The Board may establish reasonable rents for housing units and may charge below-market rates.
Section 3
This act does not exempt any housing units constructed or maintained by the Board from compliance with applicable building codes, zoning ordinances, or any other health and safety statutes, rules, or regulations.
Intro. by McKissick, Woodard. | Durham |
Blank bill.
Actions on Bills: 2019-02-20
H 3: EMINENT DOMAIN.
H 32: COLLABORATIVE LAW.
H 33: ADJUST GSC MEMBERSHIP.
H 35: ADD'L JUDGES/ONSLOW, JONES, DUPLIN, SAMPSON.
H 40: NC FOLK FESTIVAL FUNDS.
H 100: DOT BUDGET FOR 2019-2021 BIENNIUM. (NEW)
H 102: ENHANCE PERMANENCY INNOVATION INITIATIVE.
H 103: SMALL DAIRY SUSTAINABILITY ACT.
H 104: LITTER DEFINITION CLARIFICATION.
H 106: INMATE HEALTH CARE & 340B PROGRAM. (NEW)
H 107: PED OVERSIGHT/EPP CHANGES.
H 108: PED/SAFEKEEPER HEALTH CARE COST RECOV. PRACT.
H 110: PROTECT RELIGIOUS MEETING PLACES.
H 111: 2019-2021 BASE BUDGETS/CERTAIN AGENCIES. (NEW)
H 125: GSC REVISED UNIFORM ATHLETE AGENTS ACT.
H 126: PAY INCREASES/STATE HIGHWAY PATROL. (NEW)
H 127: AG DISASTER FUND/CERTAIN COUNTIES.
H 128: HIGH ACHIEVING TUITION SCHOLARSHIPS.
H 129: POWELL BILL/USE FOR PARKS.
H 130: ALLOW GAME NIGHTS.
H 131: REPEAL MAP ACT.
H 132: DISMISSAL OR NOT GUILTY/AUTOMATIC EXPUNCTION.
H 133: VETERANS/HEALTH CARE/PILOT PROGRAM.
H 135: ENJOIN SANCTUARY ORDINANCES (NEW).
H 136: CONCEALED CARRY PERMIT LAPSE/REVISE LAW.
H 138: DAMAGE JAIL & PRISON FIRE SPRINKLER/PENALTY.
H 139: YOUTH GUN VIOLENCE STUDY COMMISSION.
H 140: THE FAIR ACT.
H 141: PED STUDY - DPS/HEALTH SERVICES/FUNDS FOR FTE.
H 143: UNIVERSAL IDENTIFICATION/BIOMETRICS STUDY.
S 5: SCHOOL SAFETY OMNIBUS. (NEW)
S 6: DARE COUNTY/CC CONSTRUCTION FUNDS.
S 11: ABC REGULATION AND REFORM.
S 29: MOVE OVER LAW/INCREASE PENALTIES/AMBER LIGHTS. (NEW)
S 75: RESTORE CT. OF APPEALS MEMBERSHIP.
S 76: SENATE BOG ELECTIONS.
S 77: AG DISASTER FUND/CERTAIN COUNTIES.
S 78: TRANSFER ALE.
S 81: LITTER DEFINITION CLARIFICATION.
S 82: DISMISSAL OR NOT GUILTY/AUTOMATIC EXPUNCTION.
S 85: LEO RETIREMENT & HIGHER ED ENHANCEMENT ACT.
S 86: SMALL BUSINESS HEALTHCARE ACT.
S 87: ABC LAWS MODERNIZATION/PED STUDY.
S 88: ELECTRICIAN REQUIREMENTS FOR CERTAIN ORGS.
S 90: PROTECT RELIGIOUS MEETING PLACES.
S 92: DISAPPROVE MASSAGE/BODYWORK THERAPY BD. RULES.
S 94: HONOR NC A&T FOOTBALL TEAM.
S 95: VETERANS MEMORIAL FUNDS/DO NOT REVERT.
S 101: PED OVERSIGHT/EPP CHANGES.
S 102: INTERNATIONAL CIVIL RIGHTS MUSEUM FUNDS.
Actions on Bills: 2019-02-20
H 6: BURLINGTON AIRPORT/LEASE/CONTRACT AUTHORITY.
H 9: BESSEMER CITY CHARTER AMENDMENT.
H 15: LEXINGTON/DISSOLVE UTILITIES COMMISSION.
H 21: REVISE MCDOWELL COUNTY BD OF EDUC. DISTRICTS.
H 72: SUPPORT MULTIPLE RECESSES FOR LINCOLN CO SCHL.
H 84: CITY OF KANNAPOLIS/ANNEXATION.
H 101: SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS.
H 105: RED LIGHT CAMERAS. (NEW)
H 109: SCHOOL CALENDAR FLEXIBILITY/IREDELL COUNTY.
H 112: ROANOKE RAPIDS LOCAL OPTION SALES TAX.
H 134: FILLING VACANCY/ONSLOW COUNTY BOARD OF COMM.
H 137: SCHOOL CALENDAR FLEXIBILITY/CUMBERLAND COUNTY.
H 142: SCHOOL CALENDAR FLEXIBILITY/PITT COUNTY.
S 4: EXTEND TERMS OF 2 MEMBERS/COASTAL CAROLINA CC.
S 12: FILL CERTAIN VACANCIES/ALEXANDER & BURKE CO. (NEW)
S 79: 15TH SENATORIAL DISTRICT LOCAL ACT-1.
S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)
S 83: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.
S 84: WALKERTOWN ZONING AUTHORIZATIONS.
S 89: 49TH SENATORIAL DISTRICT LOCAL ACT-1.
S 91: PERMIT LINCOLN CO SCHOOLS & COM COLLEGE ALIGN.
S 93: SCHOOL CALENDAR FLEXIBILITY/WAKE COUNTY.
S 96: SCHOOL CALENDAR FLEXIBILITY/CLEVELAND COUNTY.
S 97: SCHOOL CALENDAR FLEXIBILITY/CHATHAM COUNTY.
S 98: SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS.
S 99: ALLOW DURHAM PUBLIC SCHLS TO PROVIDE HOUSING.
S 100: 34TH SENATORIAL DISTRICT LOCAL ACT-1.
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