House committee substitute makes the following changes to the 1st edition. Deletes the content of the previous edition and replaces it with the following.
Requires the State Board of Community Colleges to establish and implement an in-state tuition pilot program for residents of four named counties in Georgia. Requires that the program allow Tri-County Community College to offer in-State tuition to residents of those counties but prohibits displacing a North Carolina resident in order to do so. Requires an annual report on specified information about the program, with the first report due on September 30, 2020, to the specified NCGA committee and division. The pilot program expires at the end of the 2022-23 academic year.
Applies beginning with the 2019-20 academic year.
Makes conforming changes to the act's titles.
The Daily Bulletin: 2019-02-26
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The Daily Bulletin: 2019-02-26
| Intro. by Corbin. | STUDY |
House committee substitute to the 1st edition makes the following changes. Amends GS 136-26 to make any person who willfully drives onto transportation infrastructure closed pursuant to the statute, or removes or destroys barriers or warning signs, lights, or lanterns posted or placed pursuant to the statute (was, posted), guilty of a Class 1 misdemeanor. Adds new language to also specifically exempt from the statute personnel acting in the course of, and within the scope of, installation, restoration, or maintenance of utility service in coordination with the Department of Transportation. Amends the act's long title.
| Intro. by McNeill, Shepard, Goodman, R. Turner. | GS 136 |
House committee substitute to the 1st edition makes the following changes. Amends proposed GS 115C-81.46(b) by amending the requirement that the instruction of civic responsibility include responsibility for school safety by no longer specifying that the age-appropriate anti-violence message and conflict resolution component be specifically for students in kindergarten through 12th grade.
| Intro. by Torbett, Lewis, Dobson, Bell. | GS 115C |
House committee substitute makes the following changes to the 1st edition. Amends Section 1 of the act by adding the North Carolina school Psychology Association and the Appalachian State University Assessment, Support and Counseling Center to the entities that the departments must collaborate with in conducting a study to recommend a mental health screening process to identify North Carolina school children at risk of harming themselves or others.
| Intro. by Torbett, Lewis, Dobson, Bell. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Deletes proposed new Part 11D, which was entitled Electric Standup Scooters and had regulated the use of electric standup scooters and had included ways in which a municipality may have regulated electric standup scooters. Also deletes proposed changes to GS 58-37-1(6) (concerning definitions for Article 37 concerning the North Carolina Motor Vehicle Reinsurance Facility) which excluded electric standup scooters from the definition of motor vehicle. Amends the act's long title.
| Intro. by Torbett, Presnell, Iler, Shepard. | GS 20 |
Committee substitute to the 1st edition provides that act is effective December 1, 2019, and applies to offenses committed on or after that date (was, effective when the bill becomes law).
| Intro. by Pierce, Shepard. | GS 20 |
Amends GS 115C-12 to direct the State Board of Education to adopt a policy to be implemented by local boards of education to ensure academic freedom. Lists five required elements of the policy, including the requirement that a student not be discriminated against or mocked for the student's ideological, political, religious, or nonreligious viewpoints.
Applies beginning with the 2019-20 school year.
| Intro. by Speciale, Howard. | GS 115C |
Amends GS 131E-175 to add a new legislative finding concerning the demand for ocular surgical procedures.
Amends GS 131E-176 to define ocular surgical procedure and ocular surgical procedure room.
Amends GS 131E-178 to exempt licensed opthalmologists who provide ocular surgical procedures in one or more ocular surgical procedure rooms from obtaining certificates of need to license that setting as an ambulatory surgical facility with the existing number of ocular surgical procedure rooms, so long as (1) the license application is postmarked by December 31, 2019, (2) the applicant verifies within 60 days of the effective date of this act that the facility was in operation as of the effective date of this act or that the completed application for the building permit was submitted by the effective date of this act, (3) the facility has been accredited by specified organizations by the time the license application is postmarked, and (4) the license application includes a commitment to and a plan for serving indigent and medically underserved populations. Requires all other persons proposing to obtain a license to establish an ambulatory surgical facility for ocular surgical procedures to obtain a certificate of need. Also amends the statute's provisions exempting a person providing gastrointestinal endoscopy procedures in specified settings from needing a certificate of need license by modifying the allowable accrediting entities. Makes additional clarifying and technical changes.
Effective October 1, 2019.
| Intro. by Speciale, Howard. | GS 131E |
Enacts new GS 105-153.11 establishing an income tax credit for taxpayers operating a home school. The credit is 50% of the expenses incurred for establishing and operating the school. Caps the credit at the lesser of (1) the amount of the opportunity scholarship available to the taxpayer for students of the home school, or (2) the amount of income tax imposed for the taxable year reduced by the sum of all allowed credits, except tax payments made by or on behalf of the taxpayer. Allows unused portions to be carried forward fro the succeeding five years. Effective for taxable years beginning on or after January 1, 2019.
| Intro. by Speciale. | GS 105 |
Appropriates $1.5 million for 2019-20 from the General Fund to the Fayetteville/Cumberland County Dr. Martin Luther King Jr. Committee to be used as title indicates. Effective July 1, 2019.
| Intro. by Floyd, Lucas, Richardson. | APPROP |
Appropriates $50 million 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 Floyd, Lucas, Richardson. | APPROP |
Appropriates $500,000 for 2019-20 and $500,000 for 2020-21 in recurring funds from the General Fund to the Department of Administration, to be used by the Martin Luther King Jr. Commission to enhance the celebration of Martin Luther King Jr. Effective July 1, 2019.
| Intro. by Floyd, Richardson, Lucas. | APPROP |
Amends the following laws in GS Chapter 20 to regulate mini-trucks.
Adds mini-truck to the defined terms in GS 20-4.01, defining the term, as a type of passenger vehicle, to mean a motor vehicle designed, used, or maintained primarily for the transportation of property and having four wheels, an engine displacement of 660cc or less, and physical measurements not exceeding those specified.
Amends GS 20-87(12) concerning registration fees for low-speed vehicles, setting the registration fee for mini-trucks to be the same as the fee for private passenger vehicles of not more than 15 passengers (identical to the fee for low-speed vehicles). Adds that low-speed vehicle and mini-truck rentals are to have the same registration fee charged for U-drive-it automobiles.
Amends GS 20-121.1, expanding the provisions regarding the operation of low-speed vehicles on certain roadways, including those on registration and insurance, to also apply to the operation of mini-trucks. Limits the operation of mini-trucks to streets and highways with a 55 miles per hour or less speed limit. Requires the road safety equipment of low-speed vehicles and mini-trucks, such as headlamps, turn signal lamps, reflectors, windshield wipers, speedometers, and seatbelts, be maintained in working order . Prohibits mini-trucks from antique vehicle or historic vehicle qualification under GS 20-79.4(b).
| Intro. by Stevens. | GS 20 |
Section 1
Amends GS 135-3(8)c1 concerning the report that is required on beneficiaries of the Retirement System for Teachers and State Employees who retired on an early or service retirement allowance and have been reemployed by an employer participating in the Retirement System and earn the specified triggering amounts. Adds that if the report is not received within the required 90 days, the Board of Trustees may, in addition to the already allowed penalty, (1) require the employer to reimburse the Retirement System for any retirement allowance paid to the beneficiary during the period when the allowance would have been suspended if the report had been timely and (2) require the employer to pay any amounts that the beneficiary would have been required to pay to the Retirement System if the report had been timely. Adds that if the employer must make the payments under these new provisions, then (1) the beneficiary is not obligated to reimburse the Retirement System for the specified related amounts, (2) the provisions of GS 135-9(b) relating to offsetting overpayments against payments made from the Retirement System to the member or beneficiary do not apply, (3) the Retirement System does not have a duty to pursue repayment of overpayments from the beneficiary, (4) the overpayments are not considered a debt of the beneficiary, and (5) the beneficiary's effective date of retirement is to be adjusted if required. Amends GS 128-24(5)c1 to make the same changes to the report required on beneficiaries of the Retirement System for Counties, Cities, and Towns who retired on an early or service retirement allowance and have been reemployed by an employer participating in the system and earn the specified triggering amounts.
Effective July 1, 2020, and applies to reports required to be made on or after that date.
Section 2
Amends GS 135-7 (concerning the Retirement System for Teachers and State Employees) and GS 128-29 (concerning the Retirement System for Counties, Cities, and Towns), by amending the provisions for the funding of the Legislative Enactment Implementation Arrangement (LEIA) to prohibit the Board of Trustees from directing any employer contributions into the LEIA after November 1, 2026 (was, November 1, 2021).
Section 3
Enacts new GS 147-75.1 allowing the Department of State Treasurer (Department) to obtain the criminal history of any of the following: (1) a current or prospective permanent or temporary employee of the Department, (2) a contractor with the Department, (3) an employee or agent of a contractor with the Department who is or will perform work for the Department, (4) a volunteer of the Department, (5) any other individual otherwise engaged by the Department who will have access to confidential health or financial information or data maintained by the Department. Allows the Department to deny employment to or dismiss specified individuals who refuse to consent to the record check or to the use of identifying information. Allows the Department of State Treasurer to extend conditional offers of employment record check results.
Section 4
Enacts new GS 135-48.37B concerning the attachment and garnishment of overpayments and unpaid premiums from individuals no longer employed by the employing unit. Makes the statute applicable to an individual who is no longer employed by an employing unit and to whom: (1) an overpayment or erroneous payment of benefits, claims, or other amounts has been paid on behalf of the individual or individual's dependent by the State Health Plan for Teachers and State Employees (Plan) and the amount owed had not been repaid to the Plan or (2) unpaid premiums are owed by the individual for coverage provided by the Plan to the individual or the individual's dependent. Requires that the Plan give notice to the individual of the amounts owed and give the individual at least 30 days to respond and either repay the amount owed in full or enter into a payment plan. Makes intangible property (including bank deposits, rent, salaries, wages, property held in the Escheat Fund, and any other property incapable of manual levy or delivery) subject to attachment and garnishment in payment of an overpayment, erroneous payment, or unpaid premium that is due from the individual. Sets out the process for the attachment and garnishment. Caps the amount subject to attachment and garnishment at no more than 10% of an individual's wages or salary. Sets out notice requirements before the Plan may attach and garnish intangible property. Sets out actions and timelines that must be met by a garnishee. Applies to notices of amounts due sent by the Plan on or after October 1, 2019.
Section 5
Amends GS 135-48.1, which sets out the defined terms for Article 3B, State Health Plan for Teachers and State Employees (Plan). Excepts from the definition of dependent child individuals described in GS 135-48.41(b). Further amends the definition to refer to individuals in the definition.
Amends GS 135-48.41, which sets forth additional Plan eligibility provisions, modifying subsection (b) to allow coverage of a dependent child to continue beyond the dependent child’s 26th birthday if the dependent child is disabled (previously set out specific timelines for the disability to qualify) and the dependent child was covered by the Plan on the dependent child’s 26th birthday (previously, was covered by the Plan in accordance with GS 135-48.40(d)(7), concerning full contributory coverage for certain individuals). Removes the disqualification from coverage for a dependent child that is eligible for employer-based health care outside of the Plan other than the parent’s claim. Adds a new verification requirement of the dependent child’s disability, which must be submitted to the Plan no later than 60 days after the dependent child’s 26th birthday. Explicitly allows a dependent child to be eligible for coverage even if eligible as an employee or retired employee.
Section 6
Expands GS 135-48.37, subrogating the Plan to all Plan member rights of recovery, including first-party underinsured or MedPay coverage or third-party insurance, for all medical expenses to the extent the recovery is related to an injury caused by a liable third party. Adds new requirement for all personal injury or wrongful death claims brought by a member or a member’s representative or estate against a third party to include a claim for all medical assistance payments for health care items or services furnished to the member as a result of the injury; deems such a claim that does not include the Plan’s claim to include the Plan’s claim. Makes the Plan’s claim a lien upon any recovery a member or a member’s representative or estate obtains. Makes clarifying changes, specifying that the Plan has the right to first recovery over all nongovernmental liens and rights on any amounts recovered related to an injury caused by a liable third party, regardless of the timing of nongovernmental liens and rights in relation to the Plan’s liens and rights, who recovered the amount or how the amount was recovered. Allows the Plan to recover amounts the Plan is entitled to from the member, the member’s representative or estate, or the insurance company (previously, just the member) in the event the member or the member’s representative or estate (previously, just the member) recovers any amount from a liable third party. Makes further changes to make the provisions regarding the Plan’s rights and remedies against members also applicable to members' representatives or estates. Creates a new notification requirement, requiring the members, the member’s representative or estate, or the insurance company to notify the Plan within 14 days of receipt of the proceeds of a settlement or judgment related to a claim under the statute. Further, requires the member, the member’s representative or estate, or the insurance company to distribute the sufficient amount to satisfy the Plan’s lien to the Plan within 30 days of receipt of the proceeds of a settlement or judgment. Provides for the Plan to recover the amount directly through any available remedy. Adds to the prohibition against a lien of the Plan exceeding 50% of the total damages recovered by the member, excluding from the calculation the member’s reasonable and proportionate costs of collection, conclusively determined by the Plan (previously, excluded the member’s reasonable costs of collection only). Adds new provisions providing for situations when governmental liens have priority over the Plan’s right to first recovery. Specifically prohibits the deduction of other liens from the Plan’s right to to recover under the statute. Adds that in the event insufficient funds remain to fully satisfy the Plan’s lien after deducting the member’s or member’s representative or estate’s costs of collection and any priority liens from the total damages recovered, the Plan is entitled to the remaining balance of the total damages recovered.
Section 7
Enacts GS 135-48.41(l), deeming the date of reemployment as the first hired date for purposes of Plan membership eligibility if an employee or retiree withdraws his or her accumulated contributions and then later is reemployed as an employee. Voids any rights granted under Article 3B relating to the hire date associated with the withdrawn contributions.
Section 8
Amends GS 135-48.33(a), changing the Plan contracts requiring Board approval from contracts in excess of $500,000 to those in excess of $1 million. Makes conforming changes.
Section 9
Makes clarifying and organizational changes to the existing language of GS 135-48.25 concerning the adoption of rules by the State Treasurer to implement Article 3B. Modifies and adds the following provisions to the statute. Requires the State Treasurer to provide a written description of a rule adopted pursuant to the statute in a timely manner upon request (previously, the State Treasurer is required to distribute written descriptions of adopted rules to all employing units, all health benefit representatives, all relevant health care providers affected by a rule, and any other persons requesting a written description and approved by the State Treasurer). Deems benefit booklets published by the Department of the State Treasurer (Department) on its website to have the force and effect of rules for the applicable benefit year. Adds a provision defining the scope of the statute.
Section 10
Repeals GS 135-48.22(3), which grants the Plan’s Board of Trustees the power and duty to oversee administrative reviews and appeals as provided in GS 135-48.24. Amends GS 135-48.24, making conforming changes to remove all references to the Board of Trustees from the administrative review provisions. Further amends GS 135-48.24, removing the requirement for the Executive Administrator to provide a written summary of the decision immediately following its issuance to all specified health benefit entities and interested parties. Adds to the definition of determination as used in the statute. Makes conforming changes to GS 150B-1(e).
Section 11
Amends GS 135-48.2, which sets forth the State’s undertaking of the Plan for the benefit of eligible individuals. Adds a new provision authorizing the State Treasurer to operate a flexible compensation plan for eligible individuals, including dental and vision health benefit offerings as specified. Makes further technical and clarifying changes.
Amends the definition of claims payment data set out in GS 135-48.1 to include the rate negotiated with or agreed to by the provider reflected in a Claims Data Feed
Amends GS 135-48.32, requiring the Claims Processor to disclose Claim Payment Data that reflects rates negotiated with or agreed to by a provider (previously, prohibited except to provide documentation to support the payment of claims). Eliminates the prohibition against the Plan using a provider’s Claim Payment Data to negotiate rates, fee schedules, or other master charges with that provider or any other provider. Requires the Plan to provide notice to (rather than obtain the agreement of, as previously required) the Claims Processor for each third party to whom the Plan seeks to disclose Claim Payment Data and for each use the third party will make of the data on the Plan’s behalf.
Section 12
Includes a severability clause.
Includes whereas clauses. Creates a sixteen-member Joint Legislative Study Committee on the Sustainability of the North Carolina State Health Plan as title indicates. Directs the study to consider multiple issues relating to State Health Plan Design. Requires that the Committee report to the General Assembly by April 1, 2020, at which time the Committee will terminate.
Requires that from January 1, 2019, through December 31, 2021, the State Treasurer, the State Health Plan for Teachers and State Employees (State Health Plan), the Board of Trustees of the State Health Plan, and the Executive Administrator of the State Health Plan continue to use the Blue Cross Blue Shield of North Carolina Blue Options provider network and to reimburse participating network providers in accordance with 100% of the applicable fee schedule. Also prohibits using any reference-based pricing model to reimburse providers during this same period. Does not apply to any Medicare advantage plans or plans described in GS 135-48.40(e) offered by the State Health Plan.
| Intro. by Dobson, Howard, Brisson, Adcock. | STUDY |
Enacts new GS 90-171.36B to prohibit an advanced practice registered nurse (APRN) from practicing as such without a license. Defines advanced practice registered nurse or APRN as an individual licensed by the The North Carolina Board of Nursing (Board) as an advanced practice registered nurse within one of the following four roles: (1) nurse practitioner or NP, (2) certified nurse midwife or CNM, (3) clinical nurse specialist or CNS, or (4) certified registered nurse anesthetist or CRNA. Sets out six requirements for licensure, including: holding a current North Carolina registered nurse license, having completed a graduate level APRN program accredited by a nursing or nursing‑related accrediting body that is recognized by the United States Secretary of Education or the Council for Higher Education Accreditation as acceptable to the Board, and being certified by a national certifying body recognized by the Board in the APRN role and population focus appropriate to educational preparation. Enacts GS 90-171.36C, which specifies conditions under which the Board must issue an APRN license to an applicant who does not meet the education or certification requirements. Enacts GS 90-171.36D, which specifies the process for APRN license renewal and reinstatement. Makes conforming changes to GS 90-171.43, GS 90-171.43A, and GS 90-171.44.
Amends the definitions of terms used in the Nursing Practice Act. Adds definitions for advanced assessment, advanced practice registered nurse, nurse anesthesia activities, population focus, practice of nursing as an advanced practice registered nurse or APRN, practice of nursing as a certified nurse midwife or CNM, practice of nursing as a certified registered nurse anesthetist or CRNA, practice of nursing as a clinical nurse specialist or CNS, and practice of nursing as a nurse practitioner or NP. Amends the components listed that define the practice of nursing by a registered nurse to include collaborating with other health care providers in determining the appropriate health care for a patient (previously, limited to not prescribing a medical treatment regimen or making a medical diagnosis, except under the supervision of a licensed physician). Makes clarifying, organizational, and technical changes.
Amends GS 90-18(c) to establish that the practice of nursing by a certified registered anesthetist does not constitute practicing medicine or surgery. Amends GS 90-29(b) to establish that a certified registered anesthetist administering anesthetic in collaboration with a licensed dentist pursuant to GS 90-171.20 does not constitute practicing dentistry.
Amends the powers of the Board in GS 90-171.23 by empowering the Board to grant prescribing, ordering, dispensing, and furnishing authority to holders of the advanced practice registered nurses license (deletes the power of the Board to appoint and maintain a subcommittee to work with the NC Medical Board to develop rules and regulations to govern the performance of medical acts by registered nurses and to determine related application fees).
Amends GS 90-171.27 to set out fees for application for licensure, license renewal, and reinstatement of lapsed licenses for APRNs.
Enacts new GS 90-171.49 to allow the Board to waive the requirements of the Act to permit providing emergency health services to the public during states of emergency.
Repeals GS 90-171.28, Nurses Registered Under Previous Law, and Article 10A of GS Chapter 90, Practice of Midwifery (makes a conforming change to GS 90-18).
Applies to licenses applied for or renewed on or after January 1, 2020.
| Intro. by Dobson, Lambeth, Stevens, Adcock. | GS 90 |
Appropriates $1.5 million in nonrecurring funds for 2019-20 from the General Fund to the North Carolina Housing Finance Agency, to be used as a grant to Kingdom Community Development Corporation for the completion of construction on 28 subdivision units, six single-family homes, and eight townhomes in Balsawood Village for families affected by Hurricanes Matthew, Florence, and Michael. Effective July 1, 2019.
| Intro. by Floyd, Lucas. | APPROP |
Section 1
Makes the following changes to the creditable service provisions of the Retirement Systems for Teachers and State Employees and Local Governmental Employees set out in GS 135-4 and GS 128-26, respectively, with differences noted.
Removes obsolete and outdated provisions regarding prior service. Removes the provision requiring the Boards of each system to fix and determine by rules how much service in any year is equivalent to one year of service. Removes the provision permitting members to request a modification or correction of prior service credit by the respective Board.
Modifies the calculation of the Armed Service Credit that can be purchased under the Teachers and State Employees Retirement System (TSERS).
Removes the provision allowing a member to increase his or her creditable service to the extent of the period of time the individual became a teacher or employee to the date the individual became a TSERS member.
Removes the provisions regarding prior service certificates designated as Class A, B, or C under the Local Government Retirement System.
Enacts new provisions for North Carolina Withdrawn Service purchased on and after January 1, 2020. Caps creditable service purchased under the new provisions to five years. Provides parameters for the purchase amount and assumptions. Allows for an employer to pay for the credit. Makes existing provisions regarding withdrawn service credit limited to purchases made on or before December 31, 2019.
Expands the provisions regarding the purchase of creditable service previously rendered to any state, territory, or other US governmental subdivision to also explicitly include services rendered to the federal government. Limits the existing provisions to purchases on or before December 31, 2019. Modifies the calculation for the cost of the credit. Enacts new provisions regarding the purchase of creditable service rendered to the federal government or to any state, territory, or other US governmental subdivision for purchases on and after January 1, 2020. Caps the creditable service purchased under this new provision to five years.
Makes the provisions providing for the purchase of service credit for prior temporary State employment under TSERS applicable only to purchases on or before December 31, 2019.
Deletes existing provisions and enacts similar replacement provisions regarding part-time service credit. Exempts from purchase eligibility (1) part-time service rendered as a bus driver to a public school while a full-time high school student and (2) temporary or part-time service rendered while a full-time student in pursuit of a degree or diploma in a degree-granting program, unless service was rendered on a permanent part-time basis and required at least 20 hours of service per week. Provides parameters for the purchase amount and assumptions. Allows for an employer to pay for the purchase.
Makes technical and clarifying changes to the provisions regarding the purchase of creditable service for period of employer-approved leaves of absence when in receipt of benefits under the Workers' Compensation Act.
Amends the provisions regarding purchasing credit at full cost for temporary employment. Limits purchases to members in service with five or more years of membership service. Caps the allowable credit purchase to five years. Provides new parameters for the purchase amount and assumptions. Allows for an employer to pay for the purchase. Makes technical changes.
Deletes the provisions regarding the purchase of credit at full cost for local government employment under TSERS.
Deletes the provisions regarding credit entitlement following a wildlife protector electing to become a member of the Law Enforcement Officers' Retirement System and transfer TSERS contributions.
Makes changes to the provisions concerning purchasing credit at full cost for federal employment. Requires members to be in service with five or more years of membership service to purchase. Caps the amount of creditable service under the provision to five years. Provides new parameters for the purchase cost and assumptions. Allows for an employer to pay for the purchase. Limits the purchase of creditable service for periods of employment with public community service entities within the State funded entirely with federal funds to purchases by members in service on or before December 31, 2019.
Amends the provisions concerning the purchase of credit at full cost for leave due to extended illness under TSERS, establishing new parameters for the purchase cost and assumptions. Allows for an employer to pay for the purchase.
Amends the provisions regarding purchasing credit at full cost for maternity leave, parental leave, pregnancy or childbirth-related leave, or certain involuntary furloughs under TSERS, establishing new parameters for the purchase cost and assumptions. Allows for an employer to pay for the purchase.
Makes the existing provisions regarding purchasing credit at full cost for probationary local government employment limited to purchases made on or before December 31, 2019. Enacts new provisions regarding the same purchases made on or after January 1, 2020, providing new parameters for the purchase cost and assumptions. Allows for an employer to pay for the purchase.
Amends the provisions regarding purchasing credit under TSERS at full cost for service with UNC during which a member participated in the Optional Retirement Plan. Provides for credit purchase by any member in service with five or more years of membership service. Caps the amount of creditable service purchased to five years. Sets parameters for purchase cost and assumptions. Allows for an employer to pay for the purchase.
Amends the provisions regarding purchasing credit under the Local Governmental Employees Retirement System for employment not otherwise creditable. Provides for credit purchase by any member in service with five or more years of membership service. Sets parameters for purchase cost and assumptions. Allows for an employer to pay for the purchase.
Makes further organizational, clarifying, and conforming changes. Makes gender-neutral language changes.
Amends GS 135-1.1 concerning State boards or agencies charged with administering any law relating to professional, trade, or occupational examination and licensure which elects to become an employer in TSERS. Amends the contribution rate parameters. Provides for employees of such a board to elect to participate in TSERS and purchase creditable service for periods of employment prior to the election. Sets parameters for purchase cost and assumptions. Caps the amount of creditable service purchased to five years.
Amends GS 135-56(b), making the existing provisions regarding purchasing withdrawn creditable service in the Consolidated Judicial Retirement System limited to purchases on or before December 31, 2019. Enacts new provisions regarding the same for purchases made on or after January 1, 2020. Caps the creditable service purchased at five years. Sets parameters for the purchase cost and assumptions. Allows an employer to pay for the purchase.
Amends GS 120-4.15, making the existing provisions regarding repayment of contributions withdrawn from the Legislative Retirement Fund and System limited to repayments made on or before December 1, 2019. Enacts new provisions regarding the same for repayments made on or after January 1, 2020. Sets parameters for the purchase cost and assumptions. Allows an employer to pay for the purchase. Amends GS 120-4.16(a), requiring all repayments and purchases not made within the two years after the members become eligible to be calculated as specified, mirroring the calculations set out in GS 120-4.15(b), as enacted.
Amends GS 126-8.5, concerning discontinued service retirement allowance and severance wages for certain State employees. Requires employing agencies to deposit an amount, calculated as provided, in the Retiree Health Benefit Fund in cases where a discontinued service allowance is approved.
Amends GS 135-3(3) and GS 128-24(1a), now providing that a member only ceases to be a member of TSERS or the Local Governmental Employees Retirement System if the member withdraws his or her accumulated contributions, or becomes a beneficiary, or dies.
Provides that for all service purchases required to have been made by December 1, 2019, service purchase request forms received by that date will be accepted and processed.
Section 2
Amends GS 135-6(l) and GS 128-28(m), concerning the duties of the Actuary of TSERS and the Local Governmental Employees Retirement System, respectively. Requires the experience studies, and all other actuarial calculations required by each respective Chapter, and all the assumptions used, including the contribution-based benefit cap factor, to be set out in the actuary's periodic reports, annual valuations of System assets, or other materials provided to the Board of Trustees. Deems the materials effective the first date of the month following adoption unless the adoption resolution specifies another date. Clarifies that the effective date cannot retroactively affect a contribution rate. Allows the Retirement Systems Division to increase receipts from the retirement assets of the corresponding retirement system or pay the costs directly from the retirement assets with regards to payment for the administration of the actuarial investigation and valuation all assets and liabilities of the funds of the System (required by each statute at least once every five-year period).
Amends GS 150B-1(d), exempting the Retirement Systems Boards of Trustees from the rule making procedures of Article 2A of GS Chapter 150B when adopting actuarial tables, assumptions, and contribution-based benefit caps factors after presentation of recommendations from the actuary. Lists specific tables, assumptions, methods, and factors the exemption includes but is not limited to.
Amends GS 135-6(n) and GS 128-28(o), which directs the Actuary of each System to make an investigation and valuation of the respective System, to require the Board of Trustees to account for the results of the investigation and valuation and adopt any necessary mortality, service, or other tables, and any necessary contribution-based benefit cap factors for the System.
Section 3
Enacts GS 135-6(e1) and GS 128-28(f1) limiting the effectiveness of any decision by the Board of Trustees of either System related to the Contributory Death Benefit until the same decision has been made and voted on by the Board of Trustees of the other Retirement System.
Section 4
Amends GS 143-162.1, exempting any call center operated under the Department of State Treasurer from the provisions of subsection (b), which requires state agency telephone systems to minimize the number of menus that a caller must go through to reach the desired extension, and allowing a caller to reach an attendant after accessing no more than two menus from the first menu during normal business hours.
Section 5
Amends GS 135-1 and GS 135-21, adding the defined term duly acknowledged.
Section 6
Amends GS 135-8(f)(3) and GS 128-30(g)(3), regarding collection of contributions in TSERS and the Local Governmental Employees Retirement System. Adds a new requirement for the effective date of an interception of State funds for a contribution-based benefit cap liability to be the later of December 1, 2019, or 12 months after the member's effective date of retirement. Makes conforming changes.
Section 7
Amends GS 147-68 concerning the duty of the Treasurer to receive and disburse moneys. Allows money to be paid out of the treasury on warrant or pursuant to an electronic transfer initiated by the State if there is a legislative appropriation or authority to pay the same, or there is an electronic debit initiated by the federal government or by the government of another state to satisfy a bona fide financial obligation of the State.
Section 8
Amends GS 143-166.84(c), regarding eligibility under the Sheriffs' Supplemental Pension Fund (Fund). Amends the defined term eligible service as sheriff, to add notification by the retiring sheriff to the Retirement Systems Division after electing to have all sick leave accrued applied to service under the Fund instead of service in the Local Governmental Employees Retirement System.
Removes the 2022 sunset on Section 5, SL 2017-128, which enacted GS 143-166.84(c).
Effective October 1, 2019.
Section 9
Includes a severability clause.
Enacts new GS 97-6.1 requiring sole proprietors performing any work to maintain a workers' compensation insurance policy, even if the sole proprietor employs no other employees. Failure to comply estops the sole proprietor from making a claim on another person's workers' compensation insurance policy. Makes conforming changes to the definition of employee in GS 97-2 and defines sole proprietor as an individual who (1) does not employ any other individuals in the business, whether the business is incorporated or unincorporated, (2) solely owns the business by himself or herself, and (3) operates as an independent contractor.
| Intro. by Alexander. | GS 97 |
As title indicates.
| Intro. by Willingham. | JOINT RES |
Identical to S 110, filed 2/21/19.
Appropriates $1 million in nonrecurring funds for 2019-20 from the General Fund to the City of Greensboro to be used as title indicates. Effective July 1, 2019.
Includes whereas clauses.
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to authorize local boards of education to align the calendar of schools in the local school administrative unit with the calendar of a local community college with which the local school administrative unit is collaborating. Applies beginning with the 2019-20 school year.
| Intro. by Goodwin. | GS 115C |
Amends GS 90-171.21 by amending the requirements for membership on the Board of Nursing (Board) to require that (1) every registered nurse member hold an active (was, hold a current) unencumbered license to practice as registered nurse in the state; (2) every licensed practical nurse member hold an active (was, hold a current) unencumbered license to practice as licensed practical nurse in the state; and (3) a public member must not be a licensed nurse or licensed health care professional or employed by a health care institution, health care insurer, or a health care professional school (was, a public member appointed by the Governor must not be a provider of health services or employed in the health services field); also prohibits any public member (was, limited to those appointed by the Governor) or person in that members' immediate family from being currently or previously employed as a licensed nurse. Provides that Board members are entitled to compensation for all necessary expenses and caps the per diem compensation of Board members at $200 per day per member for each day engaged in official Board business.
Amends the Board's duties as follows. Adds that it may determine whether an applicant or licensee is mentally and physically capable of practicing nursing with reasonable skill and safety; sets out related actions that the Board may take. Allows the Board to determine and administer appropriate disciplinary action against all regulated parties who violate this Article or rules (was, cause the prosecution of all persons violating this Article). Allows the Board to also withdraw approval for nursing programs. Allows the Board to establish programs for monitoring the treatment, recovery, and safe practice of nurses with substance use disorders, mental health disorders, or physical conditions impacting ability to deliver safe care (was, limited to chemical addiction or abuse or mental or physical disability and programs for monitoring those nurses). Allows the Board to enter into agreements (rather than establish programs) for aiding in the remediation of nurses. Allows the Board to order or subpoena the production of any patient records, documents, or other material concerning any matter to be heard before or inquired into by the Board.
Amends GS 90-171.27 by increasing the fees for application for examination leading to a certificate and license as registered nurse, application for each re-examination leading to licensure as registered nurse, renewal of license to practice as registered nurse, application for re-examination leading to license as a licensed practical nurse, and reinstatement of retired registered nurse to practice as a registered nurse or a retired licensed practical nurse to practice as a licensed practical nurse. Removes references to certificates.
Amends GS 90-171.33 by removing the provisions allowing for the issuance of a nonrenewable temporary license until the implementation of the computer adaptive licensure exam.
Amends GS 90-171.37 by expanding upon the Board's disciplinary authority to give the Board the authority to do the following to a person if the person is found to have done one of the specified actions: (1) implement probation, with or without conditions; (2) impose limitations and conditions; (3) accept voluntary surrender of a license; (4) publicly reprimand; (5) issue public letters of concern; (6) require satisfactory completion of treatment programs or remedial or educational training; or (7) refuse to issue a certificate of renewal, fine, deny, suspend, or revoke a license or privilege to practice nursing in this state. Expands upon actions that trigger disciplinary action. Specifies that the Board retains jurisdiction over an expired, inactive, or voluntarily surrendered license. Provides that the Board, its members, and staff are not able in any civil or criminal proceeding for exercising the powers and duties authorized by law in good faith.
Amends GS 90-171.37A by allowing the Board to take witness testimony by phone or videoconferencing. Makes clarifying changes.
Enacts new GS 90-171.37B allowing a licensee to appeal a Board's public disciplinary action to superior court; sets out the appeal procedure.
Enacts new GS 90-171.37C, which exempts from public record and makes privileged, confidential, not subject to discovery or subpoena, all documents containing information that the Board, its members, or its employees possess, gathered, or received as a result of investigations into a licensing complaint, appeal, assessment, or potential impairment matter. Requires the Board to give the licensee or applicant access to all information in its possession that it intends to offer into evidence at the licensee's or applicant's hearing. Makes any licensee's notice of statement of charges, notice of hearing, and all information contained in those documents public record. Sets out the procedure for when the Board, its employees, or its agents possess information indicating a crime may have been committed. Requires licensees to self-report to the Board any arrest or indictment for the specified levels of offenses. Specifies when confidential information may be released and the requirements for doing so.
Enacts new GS 90-171.37D to set out requirements for the service of notices required by the Nurse Practice Act.
Amends GS 90-171.40 to require review of nursing programs at least every 10 (was, eight) years. Requires that the Board take appropriate action, instead of requiring that approval be withdrawn when deficiencies are not corrected in a reasonable time. No longer requires that the list of programs and their approval status be published on an annual basis.
Amends GS 90-171.43, concerning licensure of registered nurses or practical nurses by adding that the Board may promulgate rules to enforce the statute. Make additional organizational changes.
Enacts new GS 90-171.49 allowing the Board to waive requirements of the Nurse Practice Act during states of emergency or disasters.
Makes conforming changes to GS 90-171.47 and GS 90-171.48.
Applies to licenses granted or renewed, and Board activities taken, on or after October 1, 2019.
| Intro. by White, Riddell, Szoka, Cunningham. | GS 90 |
Amends GS 115C-81.30 as the title indicates. Applies beginning with the 2019-20 school year.
| Intro. by Speciale, Howard, Pittman. | GS 115C |
Appropriates $566,587 in recurring funds for 2019-20 from the General Fund to the Community Colleges System Office, to be used for the operation of the Scotland County Campus of Richmond Community College as a multicampus center. Effective July 1, 2019.
| Intro. by Pierce. | APPROP |
Part I
Amends GS 14-43.13, modifying the offense of sexual servitude to include when a person knowingly or in reckless disregard subjects, maintains, or obtains another for purposes of sexual servitude. Effective December 1, 2019.
Enacts GS 14-208.1, establishing the offense of promoting travel for unlawful sexual conduct, punishable as a Class G felony. Includes when a person sells or offers to sell travel services that the person knows to include travel for the purposes of engaging in conduct that would constitute any of the specified offenses if occurring in the State including rape and other sex offenses under Article 7B, certain offenses involving the sexual exploitation of a minor or indecent liberties with a minor, or any of the specified prostitution offenses. Effective December 1, 2019.
Part II
Enacts GS 14-43.18, establishing a civil cause of action for a victim to bring against a person in violation of Article 10A (Human Trafficking) or a person who knowingly benefits financially or by receiving anything of value from participation in a venture which the person knew or should have known violates Article 10A. Allows the victim to seek an injunction, compensatory damages, and general damages for economic losses, as specified. Allows for the court to award attorneys' fees to either the plaintiff or the defendant. Requires a civil action under the statute to be stayed during the pendency of any criminal action arising out of the same occurrence in which the plaintiff is a victim. Sets the statute of limitations on the action at 10 years after the cause of action arose or 10 years after the victim reaches 18 years of age if the victim was a minor at the time of the alleged offense. Provides for the right to jury trial in the action. Effective July 1, 2019.
Amends GS 15A-145.6(b), regarding expunction eligibility for prostitution offenses for human trafficking victims. Currently an individual must satisfy one of three criteria to be eligible for expunction under the statute. Removes one of the qualifying criteria for expunction that required the person's participation in the prostitution offense to have been the result of having been a trafficking or sexual servitude victim. Modifies one of the two remaining qualifying criteria to require the person to be discharged and the charge dismissed upon completion if a conditional discharge under GS 14-204(b) (was, the person received a conditional discharge pursuant to GS 14-204(b)).
Enacts GS 15A-145.9, allowing a person who has been convicted of a nonviolent offense to file a petition in the court of conviction for expunction of the offense from the person's criminal record if the court finds that the person was coerced or deceived into committing the offense as a direct result of having been a trafficking victim. Defines nonviolent offense and trafficking victim. Sets out petition requirements including service. Provides for other considerations the court may look to in rendering a decision, including calling upon a probation officer for verification of the petitioner's conduct during the period since conviction. Provides for the restoration of the petitioner's status after the court makes four findings following a hearing. Sets out the effect of an expunction order entered pursuant to the statute. Requires a person pursuing law enforcement certification under Article 1 of GS Chapter 17C or 17E to disclose all convictions to the certifying Commission regardless of expunction. Requires the court order to include expunction of the conviction from court and law enforcement records, as well as any other applicable State or local government agency records. Further requires an agency to reverse any administrative actions taken against a person whose record is expunged as a result of the charges or conviction expunged. Exempts the Department of Justice for DNS records and samples stored in the State DNA Database and the State DNA Databank. Waives the cost of expunging the records.
Adds expunction records of certain offenses committed by human trafficking victims pursuant to GS 15A-145.8 to those confidential files maintained under GS 15A-151.5 electronically available to all prosecutors of the State if the criminal record was expunged on or after July 1, 2018.
Changes to GS 15A-145.6, new GS 15A-145.9, and changes to GS 15A-151.5 are effective December 1, 2019.
Amends GS 15A-1415, allowing defendants convicted of a nonviolent offense as defined in GS 15A-145.9, as enacted, whose participation was a result of having been a victim of human trafficking or sexual servitude, whereby the defendant seeks to have the conviction vacated, to assert a motion for appropriate relief made more than 10 days after entry of judgement. Effective December 1, 2019.
Amends GS 15A-1416.1, concerning a motion to vacate a prostitution conviction for a sex trafficking victim, to now have the statute apply to motions to vacate a nonviolent offense conviction for human trafficking victims. Requires the motion to be contemporaneously served upon the district attorney in the prosecutorial district in which the conviction was entered (previously, required reasonable notice served upon the State). Gives the district attorney 30 days to file any objection and requires dual notification as to the date of the motion's hearing. Requires the defendant to demonstrate by the preponderance of the evidence that the violation was a direct result of the defendant having been a victim of human trafficking or sexual servitude and that the offenses would not have been committed but for the defendant having been such a victim. Allows evidence to include a sworn statement or affidavit from a federal, State, or local law enforcement officer who investigated a prostitution violation or the federal Trafficking Act violation, as stated in the defendant's motion. Specifies that a previous or subsequent conviction does not affect a person's eligibility for relief under the statute. Effective December 1, 2019.
Part III
Appropriates $250,000 in recurring funds from the General Fund to the Administrative Office of the Courts (AOC) to support the NC Human Trafficking Commission.
Includes a severability clause.
Effective July 1, 2019.
Enacts GS 115C-218.41, establishing the Charter School Transportation Grant Program (Program) to award grant funds to eligible charter schools for the reimbursement of up to 65% of the eligible student transportation costs incurred by the school in accordance with the statute's provisions. Defines eligible student transportation costs. Details program eligibility, applications, and the award of funds. Caps grants under the Program at $100,000. Requires the Department of Public Instruction to annually report to the specified NCGA Committees and Division on the administration of the Program. Details the required content of the report. Appropriates $2.5 million in recurring funds from the General Fund to the Department of Public Instruction for the 2019-20 fiscal year to operate the Program. Effective July 1, 2019. Applies beginning with the 2019-20 school year.
Amends GS 115C-47 to no longer require local boards of education to report to the Superintendent of Public Instruction (Superintendent) on their approved schedules of fees, charges, and solicitations.
Amends GS 115C-83.4 to require the State Board of Education's (Board) report on comprehensive plan for reading achievement to be submitted annually by December 15 instead of October 15.
Amends GS 115C-105.25 by amending the information that must be included in the report on allotment transfers that have increased or decreased the initial allotment amount by more than 5%. Requires the Department of Public Instruction (DPI) to report annually by December 1 the information required to be submitted under the statute on specified budget issues on DPI's financial transparency dashboard. Applies beginning with information for the 2018-19 fiscal year.
Amends GS 115C-156.2 to require that beginning in 2019 the Board report annually by November 15 on the number of students in career and technical education courses who earned community college credit and related industry certification and credential, as well as on the implementation of high school diploma endorsements through evaluation of the specified data. Makes a conforming deletion in SL 2013-1, Section 1(b), as amended, by removing reference to the report on awarding high school endorsement on high school graduation, college acceptance, and remediation and post-high school employment rates. Also makes conforming deletions to reporting requirements in GS 115C-12.
Amends GS 115C-174.12 by making the report on the statewide administration of the testing program due annually by December 15 instead of November 1.
Amends GS 115C-218.110 by changing the due date of the annual report on the education effectiveness of charter schools from January 15 to February 15.
Amends GS 115C-238.55 and GS 115D-5 by allowing the report on the evaluation of cooperative innovative high schools and the evaluation of the Career and College Promise Program to be submitted jointly.
Amends GS 115C-269.50 by extending the deadline by which the Board must make the educator preparation program report cards available on the Board's website to April 15, 2020 (was, December 15, 2019).
Amends GS 115C-299.5 by making the report on the state of the teaching profession due annually by February 15 instead of December 15.
Amends GS 115C-301 to require the Board to report on all waivers to the specified commission and committee by October 15 of each year (was, report on all waivers to the specified commission within 30 days of the grant of the waiver). Amends GS 115C-105.26 to require that the State Board report annually to the Joint Legislative Commission on Governmental Operations in addition to the Joint Legislative Education Oversight Committee with a list of the waivers granted in the prior school year; requires that if applicable, the report include the information on class size waivers.
Amends SL 2017-57, Section 7.24, to extend the due date of the final report from DPI on the Learning and Integrated Student Support Competitive Grant Program from September 15, 2019, to November 15, 2019.
Amends SL 2016-94, Section 8.8, as amended, and 8.9, as amended; SL 2017-57, Section 8.8C, as amended; SL 2017-57, Section 8.8D as amended; and SL 2071-57 Section 8.8E, as amended, to change the date of the annual report on teacher bonuses from March 15 to April 15.
Amends GS 15A-145.5, concerning the expunction of certain misdemeanors and felonies, to allow a person to file a petition in the court where the person was most recently convicted (currently, does not specify court where most recently convicted) for expunction of nonviolent midemeanor and nonviolent felony convictions (currently, may petition for expunction of either nonviolent midemeanor or nonviolent felony conviction) from the person's criminal record if the person has no other midemeanor or felony convictions that are excluded from expunction pursuant to this statute, other than a traffic violation. Makes conforming changes to prohibit the petition for expunction from being filed earlier than 10 years after the date of the most recent conviction or when all active sentences, periods of probation, and post-release supervision have been served, whichever occurs later. Makes conforming changes to the provisions setting forth the required contents of the petition, service upon the district attorney, verification of the petitioner's conduct since the most recent conviction, and directives for expungement of convictions from agency records.
Provides that if the court finds after hearing that the petitioner has not previously been granted an expunction under this statute or the existing specified statutes, or that any previous expunction received under any of those statutes occurred prior to December 1, 2019, and the court makes the other required findings, the court may order the person be restored to the status the person occupied before those arrests, indictments, or informations.
Makes conforming change to eliminate subsection (b), which provides for treatment of multiple nonviolent felony convictions or nonviolent misdemeanor convictions in the same session of court as one nonviolent felony or misdemeanor conviction, and requires the expunction order issued to provide the same.
Effective December 1, 2019, and applies to petitions filed on or after that date.
| Intro. by Floyd, Beasley, Hardister, Lucas. | GS 15A |
To be summarized.
| Intro. by Batch, White, Black, Meyer. |
Amends GS 20-279.21(d1), concerning the required provisions of motor vehicle insurance policies to govern the process for determining the amount of property damage to a motor vehicle when the liability for coverage is not disputed. Under current law, the claimant or the insurer has 15 days to reject the report determining the amount of damages and notify the other party of the rejection before the report becomes binding. Deletes these provisions to instead establish that an agreement between either of the appraisers and the umpire is binding on both the claimant and the insurer.
| Intro. by Torbett. | GS 20 |
Amends GS 40A-3 by adding that school committees or boards of trustees or of directors of a corporation holding title to real estate upon which any private educational institution is situated have the power of eminent domain in order to accommodate transportation improvements required by the Department of Transportation (DOT).
Enacts new GS 63-74 establishing an Airport Improvement Program (program) to: (1) fund improvements at eligible airports and (2) pay debt service or related financing costs and expenses on revenue bonds or notes issued by eligible airports. Requires DOT to allocate funds appropriated to this program to eligible airports based on the findings in the required biennial economic impact study. Makes any publicly owned, commercial service airport with more than 10,000 passenger boardings during the two calendar years preceding the fiscal year in which funds are allocated eligible to apply for airport improvement program funds. Requires DOT to conduct a biennial economic impact study looking at the annual economic impact of each commercial and general aviation airport in the state. Requires funds appropriated to the program to be disbursed based on the percentage of the total economic impact of each eligible airport. Limits the distribution of funds to the three largest airports to no more than 80% of the total program funds and sets out distribution requirements for the remaining funds. Requires that an airport provide a report outlining how the funds will be used in conformance with the purposes of the program before funds may be allocated. Sets out the time frame for awarding funds. Requires unexpended funds to be returned. Specifies that the allocation of funds under this statute, the enactment of the statute, and the issuance of bonds or notes by the airports in reliance thereon, does not constitute a pledge of the full faith and credit and taxing power of the State. Allocations are subject to the availability of funds appropriated to the program. Repeals Section 34.19(b) of SL 2017-57, which required that $31,282,131 in recurring funds of the funds appropriated from the Highway Fund to DOT for capital improvements at commercial airports be allocated to the Raleigh-Durham International Airport beginning in 2018-19.
Amends GS 136-284 by directing the DOT's Office of Civil Rights to increase outreach to small professional service firms (as now defined in the act). Requires the Office to set a goal that the use of small professional firms increase by 5% by January 1, 2021.
Amends SL 2009-235, Section 2, as amended, by removing the July 1, 2017, expiration of the authorization for DOT to partner with private developers on engineering, design, or construction of improvements to the State highway system.
The Daily Bulletin: 2019-02-26
Titles the Act the "State Employees' Paid Parental Leave Act."
Enacts new GS 126-8.6 (concerning State agencies), new GS 115C-12.3 (concerning public schools), and new GS 115D-25.5 (concerning community colleges). Directs the State Human Resources Commission, State Board of Community Colleges, and State Board of Education to adopt policies to allow any employee at a State agency, community college, or public school to share leave voluntarily with another employee of a State agency, community college, or public school to provide paid parental leave, up to a total of six weeks of donated parental leave. Provides for the eligibility of paid leave donors and donees. Provides requirements for when the leave may be taken relative to the birth or adoption of the child, and the distinction between leave permitted under this statute and leave under other statutes. Directs the State Human Resources Commission, State Board of Education, State Board of Community Colleges, and all State agencies, departments, and institutions to report annually to the Office of State Human Resources on this program, including specified information.
Amends GS 58-36-10 concerning the method of insurance rate making. Requires that due consideration be given to investment income from capital and surplus by the NC Rate Bureau in making and using rates.
Makes organizational and clarifying changes to GS 58-36-43(a) regarding the authorization of optional program enhancements which do not alter coverage under the NC Rate Bureau's jurisdiction. Adds a new prohibition against a company conditioning any rating criteria upon the acceptance by the policyholder of any authorized optional automobile or homeowners' enhancements. Repeals GS 58-36-43(b), thereby eliminating the requirement for insurers to utilize certain statistical codes in reporting premiums and losses resulting from program enhancements filed under the statute.
Amends GS 58-36-65, Classifications and Safe Driver Incentive Plan (Plan) for nonfleet private passenger motor vehicle insurance. Amends subsection (j), requiring subclassification plan surcharges for convictions for which four or more points under the Plan are assigned to be applied to a policy for a period of five policy years (all other subclassification plan surcharges are to be applied to a policy for a period of three policy years, as currently provided in the statute). Excludes convictions for speeding violations. Effective October 1, 2020.
Amends subsection (k) of GS 58-36-65, allowing for the subclassification plan to provide for premium surcharges for insureds having less than eight years' driving experience as licensed drivers, applicable to insureds receiving a drivers license for the first time on or after October 1, 2019 (currently permits premium surcharges for insureds having less than three years' driving experience as licensed drivers). Makes conforming changes.
Enacts new subsection (k1) in GS 58-36-65, providing licensed drivers subject to premium surcharges pursuant to subsection (k) for a period of eight years eligibility for an inexperienced safe driver discount after three full years of driving if the driver has no at-fault accidents or conviction on their driving record. Provides further parameters for the inexperienced safe driver discount. Requires the discount be filed by the NC Rate Bureau for approval with the Commissioner of Insurance. Effective October 1, 2019.
| Intro. by Johnson, Burgin, Sawyer. | GS 58 |
Titles the act as the "Economics and Financial Literacy Act."
Amends GS 115C-81.65 by removing the current requirement to provide instruction in personal finance literacy for all students and replaces it with the requirement that the State Board of Education (State Board) require a semester-long course in high school focused on economics and personal finance (EPF). Requires that the content of the course align with the specified standards and requires a passing grade in order to graduate. Requires that the EPF course provide instruction on basic economic principles and that it provide the already required personal financial literacy instruction components with the addition of planning and paying for postsecondary education. Applies beginning with the 2020-21 school year.
Amends GS 115C-81.65 by adding that the Department of Public Instruction (DPI) must require that EPF teachers get the professional development necessary to ensure that the intent and provisions of the statute are carried out. Provides that to the extent funds are made available for this purpose, the State Board must require local school administrative units to make available the EPF professional development course provided by the specified entity. Effective July 1, 2019.
Appropriates $1,063,800 as grant-in-aid for 2019-20 from the General Fund to The North Carolina Council on Economic Education to provide for completion of the required professional development course for EPF teachers. Sets out three required uses of the fund, including a $500 stipend to each teacher upon completion of the Test of Economic Literacy and the Working in Support of Education personal finance test. Requires an annual report beginning September 1, 2020, and any fiscal year that NCCEE uses State funds, to the specified NCGA committee and division on the activities described by this section and the expenditure of State funds. Effective July 1, 2019.
Section 1.1
Amends GS 95-25.3(a) to delete the provision requiring wages of at least $6.15 per hour. Replaces deleted text with a provision requiring a minimum wage of (1) $8.00 per hour, effective Labor Day, September 2, 2019; (2) $9.50 per hour, effective Labor Day, September 7, 2020; (3) $11.00 per hour, effective Labor Day, September 6, 2021; (4) $13.00 per hour, effective Labor Day, September 5, 2022; and (5) $15.00 per hour, effective Labor Day, September 2, 2024. Each of the provisions states that if the minimum wage in the federal Fair Labor Standards Act is higher than the stated new minimum wage, that the rate specified in the Fair Labor Standards Act is the state minimum wage.
Section 2.1
Enacts Article 2B, entitled Equal Pay Act, to GS Chapter 95 as follows.
Enacts GS 95-25.27 to establish that no employer can pay any person in the employer's employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work. Establishes that any employer who violates the statute is liable to the employee affected in the amount of the wages that the employee is deprived of by reason of the violation. Defines employer to include the state and any local political subdivision of the state and every person having control or direction of any woman or man employed at any labor, or responsible directly or indirectly for the wages of another who employs more than five employees. Defines an employee as any woman or man in receipt of or entitled to compensation for labor performed for another.
Establishes that nothing in the statute prohibits a variation of rates of pay for male and female employees engaged in the same classification of work based upon seniority; a difference in length of service; ability; skill; difference in duties or services performed, whether regularly or occasionally; difference in the shift or time of day worked; hours of work; or restrictions or prohibitions on lifting or moving objects in excess of specified weight or other reasonable differentiation; or factor or factors other than sex, when exercised in good faith.
Bars an employer who is in violation of the statute from reducing the pay of any employee in order to bring the employer into compliance with Article 2B. Bars an employer from retaliating against any employee who seeks redress pursuant to Article 2B or who participates in the investigation of a complaint under Article 2B.
Enacts GS 95-25.28, which allows an affected employee to file a complaint with the Department of Labor (Department) and requires the Department to investigate the complaint and notify the employer and the employee of the results of the investigation. Allows an employee receiving less than the wage to which the employee is entitled under the statute to recover in a civil action the balance of those wages, together with costs and attorneys' fees, notwithstanding any agreement to work for a lesser wage. Provides that the employee is not required to exhaust administrative remedies before filing the civil action. Establishes that a civil action pursuant to the statute is to be instituted within two years after the date that the alleged violation is discovered by the affected employee.
Section 3.1
Enacts new Article 3A of GS Chapter 95, to be cited as the Healthy Families and Healthy Workplaces Act (HFHW Act). Denotes that state public policy in promoting the general welfare of the people of North Carolina requires the enactment of new Article 3A under the police power of the state.
Provides definitions for the following terms as used in the HFHW Act: (1) child, (2) domestic violence, (3) employee, (4) employ, (5) employer, (6) federal act, (7) health care provider, (8) immediate family member, (9) parent, (10) paid sick time or paid sick days, (11) sexual assault, (12) stalking, and (13) small business.
Provides that the proposed HFHW Act does not apply to (1) bona fide volunteers in an organization where an employer-employee relationship does not exist or (2) any person who is exempt from the Wage and Hour Act under GS 95-25.14(a)(2) through (8), GS 95-25.14(b), GS 95-25.14 (b1), GS 95-25.14(c), and GS 95-25.14(e). Makes an exception regarding domestic workers, providing that they are exempt only if they are employed in the place of residence of their employer.
Provides that paid sick time begins to accrue at the start of employment at a rate of one hour of paid sick time for every 30 hours worked. Provides additional guidelines regarding discretionary advancement of sick time by the employer, limits on the amount of paid sick time accrued and the accrual of paid sick time when there is a separation of employment followed by a rehiring by the same employer. Provides that with the exception of the specified exemptions to the proposed HFHW Act, any employee who works in North Carolina and who must be absent from work for the reasons delineated in proposed new GS 95-31.5(a) is entitled to paid sick time.
Directs that paid sick time is to be provided by an employer to an employee who meets any of the following reasons listed in proposed new GS 95-31.5: (1) to care for a member of the employee's immediate family suffering from health issues or to care for the employee's own health, unless the care is covered under federal law or (2) to allow an employee to address the psychological, physical, or legal effects on himself or herself or an immediate family member of domestic violence, sexual assault, or stalking. Permits the employer to require certification of the qualifying health issue or event when a paid sick time period covers more than three consecutive work days. Provides guidelines for determining what may be deemed acceptable certification. Provides that an employer may not require certification from a health care provider that is employed by the employer. Prohibits an employer from requiring the disclosure of details relating to domestic violence, sexual assault, stalking, or an employee's medical condition as a condition of providing paid sick time to an employee. Directs an employer to treat as confidential any information that the employer acquires about the employee or the employee's immediate family regarding domestic violence, sexual assault, stalking, or health conditions. Prohibits the employer from requiring an employee to secure a replacement worker as a condition of providing sick time under the proposed HFHW Act. Directs the employee to make a good faith effort, when the use of sick time is foreseeable, to provide the employer with advance notice. States that this act provides minimum requirements regarding paid sick time and should not be construed to limit, preempt, or otherwise affect other applicability of law, regulation, or policy that extends additional or greater protections to employees, nor should this proposed act be construed to discourage employers from adopting more generous paid sick time policies. Provides that employers already offering a paid sick time policy do not have to modify that policy providing that the paid sick time policy currently in place offers an employee, at his or her discretion, the option to take paid sick time that is equivalent to the amount and for the same purposes offered under the proposed HFHW Act.
Requires employers to provide notice to employees, in Spanish and English, of their entitlement to paid sick time as well as other related information. Notice may be provided by supplying each employee with a notice in Spanish and English or by conspicuously displaying a poster in the place of employment in both languages. Prohibits employers from retaliating against employees who request or use paid sick time. Provides that an employee has a right to file a complaint with the Commissioner of Labor (Commissioner) or in the General Court of Justice if an employer (1) denies an employee paid sick time or (2) retaliates against an employee for requesting or taking paid sick time.
Authorizes the Commissioner to enforce and administer the provisions of the proposed HFHW Act. Provides criteria regarding employer's liability for a violation under the proposed HFHW Act, including provisions for the potential awarding of liquidated damages for a violation of the act. Directs that actions under the proposed HFHW Act must be brought within two years pursuant to GS 1-53. Also provides that the rights and remedies created under the HFHW Act are supplementary to all existing common law and statutory rights and remedies. Directs the Commissioner to adopt rules to implement the proposed act. Provides that the provisions of the proposed act are severable.
Makes conforming changes to GS 95-241(a).
Effective July 1, 2019, and applies only to covered employment on or after that date and does not apply to any collective bargaining agreement entered into before July 1, 2019, still in effect on that date.
Section 4.1
Amends the labor laws of North Carolina, effective January 1, 2020, to reduce the amount of tips that may be counted as wages of tipped employees through December 31, 2020, and subsequently requires that no tips may be counted as wages.
Section 5.1
Amends GS 95-25.2 modifying the format of the definitions section and adding subsection (5a) defining employment status, subsection (8a) defining intentional, and subsection (16a) defining willful. Makes technical changes.
Amends GS 95-25.13(1) requiring only written (not oral) notification to employees at the time of hiring and upon any material change of (1) the promised wages and basis upon which wages will be calculated; (2) the method, day, and place for payment; (3) the full name, mailing address, and telephone number of the employer and the federal and state tax identification number of each employer who is not a natural person; and (4) the employment status of the employee.
Amends GS 95-25.22 requiring the court to award liquidated damages in an amount equal to twice the amount found to be due to an employee when the employer has violated provisions relating to minimum wage, overtime, or wage payment unless the employer shows the act or omission constituting a violation was in good faith and the employer had reasonable grounds for believing the act or omission was not a violation of this article.
Amends GS 95-25.22 adding subsection (a2) clarifying liability of an employer found in violation of GS 95-25.13 to be in the form of actual damages, including, but not limited to, lost wages and benefits plus interest.
Amends GS 95-25.22 adding subsection (a3) expanding the forms of damages available to employees to include statutory damages of up to $500 per employee per violation.
Amends GS 95-25.22(d) to require awarding costs, fees, and attorneys' fees in addition to a judgment awarded to a plaintiff.
Amends GS 95-25.22 adding an exception to the statute of limitations for actions arising out of a willful violation. Such actions may be brought within three years. Actions may also be brought within one year after notification to the employee of final disposition by the state of a complaint for the same violation.
Amends GS 95-25.23 expanding civil penalties to include violations of provisions relating to minimum wage, overtime, youth employment, wage payment, or notification.
Enacts GS 95-25.23D entitling an employee to enumerated liens for the purpose of wage claims and collections under this Article and outlining perfection and priority of liens. Liens recorded pursuant to subsection (f) take precedence over all other debts, decrees, liens, or mortgages against the employer. A successful action to foreclose a lien pursuant to this section entitles the employee to court costs and reasonable attorneys' fees. Provides further regulations of the liens.
Section 6.1
Adds a new Article 17, Fair Assessment of Persons with Criminal Histories, to GS Chapter 126. Defines the following terms as they apply in this Article: (1) criminal history means a state or federal history of conviction for a misdemeanor or felony relevant to an applicant's fitness for public employment but does not include a record of arrest that did not result in a conviction; (2) hiring authority means an agent responsible by law for the hiring of persons for public employment; and (3) public employment means any employment, including seasonal or temporary work, where the State or any local political subdivision of the State is the employer.
Prohibits a hiring authority from (1) asking about or considering the criminal history of an applicant for public employment or (2) including such an inquiry on any initial employment application form until the hiring authority has made a conditional offer of employment to the applicant. Declares that this Article does not apply to public employment in positions where the hiring authority is required by law to consider the applicant's criminal record. Provides that nothing in this Article is to be construed to prevent any hiring authority in its discretion from adopting the provisions of this Article.
Prohibits any person from being disqualified for public employment solely or in part because of a previous conviction except as otherwise required by law or if the conviction is determined to be substantially related to the qualifications, functions, or duties of the position after all of the following factors are considered: (1) the level and seriousness of the crime; (2) the date of the crime; (3) the age of the person at the time of conviction; (4) the circumstances surrounding the commission of the crime; (5) the connection between the criminal conduct and the duties of the position; (6) the prison, jail, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed; and (7) the subsequent commission of a crime by the person. Clarifies that an arrest record that did not result in a conviction cannot be the basis for disqualification from public employment.
Requires a hiring authority to inform an individual of a potential adverse hiring decision based on the background check and provide the applicant an opportunity to provide evidence that the report is incorrect or inaccurate.
Specifies criteria governing data to be collected by the Office of State Personnel.
Declares that the provisions of this Article apply to all applicants for public employment. Makes a conforming change to GS 126-5.
Effective when the act becomes law and applies to applications for employment made on or after that date.
Section 7.1
Repeals GS 95-98 (prohibiting public employee union collective bargaining agreements).
Section 8.1
Reenacts GS 105-151.31 (earned income tax credit), which provides an individual who claims an income tax credit under section 32 of the Internal Revenue Code (IRS Code) for the taxable year with a credit against the tax imposed by the Individual Income Tax Act (Act), as it existed immediately before its specified sunset expiration. Also amends the statute by establishing that the allowable credit against the tax imposed by the Act is to be equal to 5% (was, a percentage of up to 5% based on the taxable year) of the amount of credit the individual qualified for under section 32 of the Code. Amends the sunset provision to repeal the statute effective for taxable years beginning on or after January 1, 2023.
Effective for taxable years on or after January 1, 2020.
Section 9.1
Reenacts GS 105-151.11 (tax credit for child care), which provides an individual who claims an income tax credit under section 21 of the IRS Code for the taxable year to receive a credit against the tax imposed by the Act as it existed immediately before its specified sunset expiration. Makes a conforming change to the statute.
Effective for taxable years beginning on or after January 1, 2019.
Section 10.1
Act is effective when it becomes law, except as otherwise provided.
Part I.
Enacts GS 58-19-38 to require the Commissioner of Insurance of North Carolina (Commissioner) to identify a single group-wide supervisor (supervisor) for an internationally active insurance group; allows the Commissioner to act as the supervisor but allows the Commissioner to otherwise acknowledge another official as the supervisor where the internationally active insurance group meets the specified criteria. GS 58-19-5 is amended to define internationally active insurance group as an insurance holding company system that includes a registered insurer and that meets all of the following: (1) the insurance holding company system writes premiums in at least three countries; (2) the percentage of gross premiums of the insurance holding company system written outside the US is at least 10% of the insurance holding company system's total gross written premiums; and (3) based on a three-year rolling average, the total assets of the insurance holding company system are at least $50 billion or the total gross written premiums of the insurance holding company system are at least $10 billion.
Sets out factors that the Commissioner must consider when determining that the Commissioner is the appropriate supervisor for an internationally active insurance group that conducts substantial insurance operations concentrated in this state or acknowledges that an official from another jurisdiction is the appropriate supervisor. Allows a regulatory official identified as the supervisor to determine that it is appropriate to acknowledge another regulatory official to serve as the supervisor and sets out requirements for acknowledging such a change.
Provides that when another regulatory official is acting as the supervisor of an internationally active insurance group, the Commissioner must acknowledge that official as the supervisor, but requires the Commissioner to make a determination or acknowledgment as to the supervisor when there is a material change in the internationally active insurance group that results in either the internationally active insurance group's insurers domiciled in this State holding the largest share of the group's premiums, assets, or liabilities, or this State being the place of domicile of the top-tiered insurers in the insurance holding company system of the internationally active insurance group.
Authorizes the Commissioner to collect information from any registered insurer in order to determine whether the Commissioner may act as the supervisor of an internationally active insurance group or if the Commissioner may acknowledge another regulatory official to act as the supervisor. Sets out notification requirements to be met before issuing a determination that an internationally active insurance group is subject to supervision by the Commissioner.
Sets out activities the Commissioner may undertake in acting as the supervisor for an internationally active insurance group.
Provides that if the Commissioner acknowledges that another regulatory official from a jurisdiction that is not accredited by the NAIC is the supervisor, the Commissioner may reasonably cooperate with supervision undertaken by the supervisor, if: (1) the Commissioner's cooperation is in compliance with state laws and (2) the regulatory official acknowledged as the supervisor recognizes and cooperates with the Commissioner's activities as a supervisor for other internationally active insurance groups.
Makes conforming changes to GS 58-19-40.
Part II.
Enacts GS 58-10-246 requiring an insurer or group of insurers to establish an internal audit function providing independent, objective, and reasonable assurance to the audit committee and insurer management regarding the insurer's governance, risk management, and internal controls. Sets out actions that provide such assurance. Requires that the internal audit function be organizationally independent (as defined in the statute). Requires a report at least annually by the head of the internal audit function to the audit committee on the specified issues. This statute does not apply if: the insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $500 million and (2) if the insurer is a member of a group of insurers, the group has annual direct written and unaffiliated assumed premium including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $1 billion. Makes conforming changes to GS 58-10-245.
Amends GS 58-10-190 to provide that audit committee means a committee, or equivalent body, established by the board of directors of an entity for the purpose of overseeing the accounting and financial reporting processes of an insurer or group of insurers, any internal audit function of the insurer or group of insurers, and external audits of financial statements of the insurer or group of insurers. Also amends the statute to add and define the term internal audit function.
Amends GS 58-10-260 by adding that the requirements of new GS 50-10-246 become effective January 1, 2020. Insurers exempt from GS 58-10-246 that no longer meet the exemption threshold have one calendar year after the year the threshold is exceeded to comply with the statute.
Part III.
Adds new Part 11, Corporate Governance Annual Disclosure, in Article 10 of GS Chapter 58, providing as follows.
Sets out the purpose of the part and establishes that it applies to all insurers domiciled in this state. Requires an insurer, or the insurance group of which the insurer is a member, to annually by June 1 submit to the Commissioner a CGAD (Corporate Governance Annual Disclosure) that contains the information described in new GS 58-10-775, including the insurer's corporate governance structure, policies, and practices. Sets out signatures and attestations that must appear on the CGAD. Allows an insurer to provide information on corporate governance at the ultimate controlling parent level, an intermediate holding company level, or the individual legal entity level, depending on how the insurer has structured its system. Encourages the insurer to make the CGAD disclosures at the specified levels. Requires an amended version of the initially filed CGAD each year, with changes indicated; must indicate if no change has been made.
Gives the insurer discretion over the responses to the CGAD inquiries, so long as the CGAD contains the material information necessary to give the Commissioner an understanding of the insurer's or insurance group's corporate governance structure, policies, and practices. Allows the Commissioner to request additional information.
Requires the CGAD to describe the insurer's corporate governance framework and structure, including consideration of the specified topics. Requires the insurer to describe the policies and practices of the most senior governing entity and its significant committees, including a discussion of the five specified factors. Requires the insurer to describe the polices and practices for directing senior management, including a description of the four specified topics. Requires a description of the process by which the board of directors, committees, and senior management ensure the appropriate amount of oversight to the critical risk area impacting business activities, including a discussion of the three specified issues.
Recognizes documents, materials, or other information, including the CGAD, in the possession or control of the Department that are obtained by, created by, or disclosed to the Commissioner or any other person under this new Part, as proprietary and containing trade secrets; makes the information confidential and privileged, not considered to be a public record, not subject to subpoena, and not subject to discovery or admissible in evidence in any private civil action. Sets out conditions under which the Commissioner may share documents, materials, or other CGAD-related information, and receive documents, materials, or other CGAD-related information from regulatory officials of other state, federal, and international financial regulatory agencies.
Allows the Commissioner to retain at the insurer's expense third-party consultants and experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist the Commissioner in reviewing the CGAD-related information or the insurer's compliance with this Part; makes NCAIC and third-party consultants subject to the same confidentiality requirements as the Commissioner. Sets out provisions that must be included in a written agreement with the NAIC or a third-party consultant concerning sharing and use of information.
Failure to timely file the CGAD is punishable by a penalty of $100 for each day's delay, not to exceed a total of $1,000.
Includes a severability clause.
Effective January 1, 2020, with the first CGAD filing to be made by June 1, 2020.
Part IV.
Amends GS 58-58-50 by amending the definition of company as it is used in the Standard Valuation Law to specify that it includes a fraternal benefit society.
Amends GS 58-7-21, concerning credit allowed a domestic ceding insurer, by amending the factors that may be considered as the Commissioner assigns a rating to each certified reinsurer by making an addition to the table used to calculate the maximum financial strength rating that a certified reinsuer may be assigned.
| Intro. by Edwards, Gunn, J. Alexander. | GS 58 |
Identical to H 185, filed 2/26/19.
Enacts new GS 90-171.36B to prohibit an advanced practice registered nurse (APRN) from practicing as such without a license. Defines advanced practice registered nurse or APRN as an individual licensed by the The North Carolina Board of Nursing (Board) as an advanced practice registered nurse within one of the following four roles: (1) nurse practitioner or NP, (2) certified nurse midwife or CNM, (3) clinical nurse specialist or CNS, or (4) certified registered nurse anesthetist or CRNA. Sets out six requirements for licensure, including: holding a current North Carolina registered nurse license, having completed a graduate level APRN program accredited by a nursing or nursing‑related accrediting body that is recognized by the United States Secretary of Education or the Council for Higher Education Accreditation as acceptable to the Board, and being certified by a national certifying body recognized by the Board in the APRN role and population focus appropriate to educational preparation. Enacts GS 90-171.36C, which specifies conditions under which the Board must issue an APRN license to an applicant who does not meet the education or certification requirements. Enacts GS 90-171.36D, which specifies the process for APRN license renewal and reinstatement. Makes conforming changes to GS 90-171.43, GS 90-171.43A, and GS 90-171.44.
Amends the definitions of terms used in the Nursing Practice Act. Adds definitions for advanced assessment, advanced practice registered nurse, nurse anesthesia activities, population focus, practice of nursing as an advanced practice registered nurse or APRN, practice of nursing as a certified nurse midwife or CNM, practice of nursing as a certified registered nurse anesthetist or CRNA, practice of nursing as a clinical nurse specialist or CNS, and practice of nursing as a nurse practitioner or NP. Amends the components listed that define the practice of nursing by a registered nurse to include collaborating with other health care providers in determining the appropriate health care for a patient (previously, limited to not prescribing a medical treatment regimen or making a medical diagnosis, except under the supervision of a licensed physician). Makes clarifying, organizational, and technical changes.
Amends GS 90-18(c) to establish that the practice of nursing by a certified registered anesthetist does not constitute practicing medicine or surgery. Amends GS 90-29(b) to establish that a certified registered anesthetist administering anesthetic in collaboration with a licensed dentist pursuant to GS 90-171.20 does not constitute practicing dentistry.
Amends the powers of the Board in GS 90-171.23 by empowering the Board to grant prescribing, ordering, dispensing, and furnishing authority to holders of the advanced practice registered nurses license (deletes the power of the Board to appoint and maintain a subcommittee to work with the NC Medical Board to develop rules and regulations to govern the performance of medical acts by registered nurses and to determine related application fees).
Amends GS 90-171.27 to set out fees for application for licensure, license renewal, and reinstatement of lapsed licenses for APRNs.
Enacts new GS 90-171.49 to allow the Board to waive the requirements of the Act to permit providing emergency health services to the public during states of emergency.
Repeals GS 90-171.28, Nurses Registered Under Previous Law, and Article 10A of GS Chapter 90, Practice of Midwifery (makes a conforming change to GS 90-18).
Applies to licenses applied for or renewed on or after January 1, 2020.
| Intro. by Hise. | GS 90 |
Identical to H 114, filed 2/19/19.
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 Hise. | GS 105 |
Includes whereas clauses.
Enacts GS 145-52 to adopt the Linville Canverns spider as the official state spider of North Carolina.
| Intro. by Hise. | GS 145 |
Amends GS 132-1.4A(h), allowing a custodial law enforcement agency to disclose or release a recording in its sole discretion to a district attorney for any of the three existing purposes identified. Adds the following to the purposes for which a recording can be disclosed or released: suspect identification or apprehension and noncriminal investigative purposes such as community-oriented publicity or goodwill.
| Intro. by D. Davis. | GS 132 |
Identical to H 50, filed 2/12/19.
Includes whereas clauses and titles the act. Specifies statutes reserved for future codification. Enacts Part 5, Traumatic Brain Injury and Posttraumatic Stress Disorder Services for Veterans, to Article 6 of GS Chapter 122.
Enacts GS 122C-465, setting forth defined terms.
Enacts GS 122C-465.1, prohibiting any person other than an authorized medical professional from prescribing or providing hyperbaric oxygen therapy treatment to a veteran for the treatment of traumatic brain injury or posttraumatic stress disorder. Authorizes any veteran NC resident who has been diagnosed with a traumatic brain injury or posttraumatic stress disorder by an authorized medical professional to receive hyperbaric oxygen therapy treatment in NC. Requires prescribers and providers of such treatment to do so in a manner compliant with the standard approved treatment protocols for hyperbaric oxygen therapy.
Effective October 1, 2019.
| Intro. by D. Davis, Perry. | GS 122C |
Appropriates $100,000 for 2019-20 from the General Fund to Greene County Arts and Historical Society to assist with its facilities. Effective July 1, 2019.
Enacts new GS 14-54.2 as follows. Makes it a Class D felony for any person who breaks or enters a pharmacy with the intent to commit the theft of opioids. Defines pharmacy. Additionally, makes it a Class F felony if a person receives or possesses any property that has been stolen during the commission of the breaking and entering of a pharmacy while knowing or having reasonable grounds to believe the property is stolen. Subjects anyone found in violation of the statute to property forfeiture pursuant to GS 18B-504. Effective December 1, 2019.
| Intro. by McInnis, Britt, J. Davis. | GS 14 |
Reenacts subsections (c)(2b) and (c)(2c) of GS 105-164.14 as they existed immediately before their repeal in 2005. Authorizes sales tax refunds for local school administrative units.
Amends GS 105-467, concerning local government sales tax. Deletes the provisions of the statute (1) prohibiting taxing counties from allowing an exemption, exclusion, or refund that is not allowed under the State sales and use tax and (2) allowing an annual refund of sales and use tax paid on direct purchases of tangible personal property and services by a joint agency created by an interlocal agreement created among local school administrative units to jointly purchase food service related materials, supplies and equipment. Makes conforming deletions.
Repeals GS 105-164.44H, which requires the Secretary of Revenue to transfer a portion the sales and use tax collected to the State Public School Fund.
Effective July 1, 2019.
| Intro. by Robinson, Foushee. | GS 105 |
The Daily Bulletin: 2019-02-26
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 Beaufort County, Craven County, Hyde County, Pamlico County, and Washington County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
| Intro. by Speciale, Kidwell, Dobson. | Beaufort, Craven, Hyde, Pamlico, Washington |
Identical to S 84, filed 2/19/19.
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 Conrad. | Forsyth |
Identical to S 132, filed 2/26/19.
Amends Sections 2, 3, and 6 of SL 1991-78, as amended, to change the Guilford County Board of Education (Board) election from partisan to nonpartisan beginning in 2020. Directs the nonpartisan primary and election method set out in GS 163A-1618 be used, with ballots listing candidates with no reference to party affiliation. Directs the Guilford Board of Elections to determine the candidate filing period. Requires members to be elected at the same time as the regular primary and general election dates for county officers. Provides for staggered four-year terms. Directs vacancies for positions elected on a partisan basis in 2016 and 2018 to be filled pursuant to GS 115C-37.1(d). Effective the first Monday in December 2020, removes Guilford County from the scope of GS 115C-37.1, which provides for vacancies in offices of county boards elected on a partisan basis. Makes conforming and technical changes.
Maintains the terms of Board members elected in 2016 and 2018, or any member appointed by the remaining members to fill a vacancy of a member elected in 2016 or 2018, providing for service until a successor has been elected and qualified.
| Intro. by Hardister, Faircloth, Quick, Clemmons. | Guilford |
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 Wake County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
| Intro. by Gill, von Haefen, Dahle. | Wake |
Amends the Elon town charter, SL 1985-109, by adding new Article VI allowing the board of aldermen to provide by ordinance: (1) each hour a vehicle is illegally parked in an on-street parking space is a separate offense; (2) that any vehicle that has been towed for a parking violation is to be held until the towing fee and penalties related to all outstanding parking tickets and parking penalties owed to the Town are paid in full, or a bond is posted in the amount of the towing fee and all outstanding parking tickets and parking penalties; (3) for the use of wheel locks on and towing of a vehicle parked in a public vehicular area for which there is one or more outstanding, unpaid, and overdue parking tickets for a period of 45 days (sets out notice requirements as well as allowable fees).
| Intro. by Ross, Riddell. | Alamance |
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 Guilford County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
| Intro. by Clemmons, Hardister, Quick, Brockman. | Guilford |
Adds new Subchapter D, Small Business Enterprise Program, to Chapter VII of the Greensboro City Charter, SL 1959-1137. Allows Greensboro to establish a race- and gender-neutral small business enterprise program to promote the development of small businesses in the Greensboro Metropolitan Statistical Area and to enhance opportunities for small businesses to participate in city contracts. Allows the city to define the term and establish bid and proposal specifications. Allows the city to consider a bidder's efforts to comply with small business enterprise program requirements in its award of city contracts and, if a bidder is determined to have failed to comply with the requirements, allows the city to refuse to award a contract to the bidder. Goals or efforts established to achieve veteran, minority, and women's business participation consistent with the specified statutes take precedence over goals for small business enterprise participation established under the program authorized by this section.
| Intro. by Clemmons, Faircloth, Hardister, Quick. | Guilford |
Under current law, GS 161-31, certain counties are authorized to prohibit their respective register of deeds from accepting for the registration a deed transferring real property when taxes are delinquent. Amends the statute by removing the provision limiting the scope of the statute to specified counties, thereby authorizing all counties to establish the rule by resolution.
| Intro. by Hurley, McNeill. | GS 161 |
Adds the described property to the corporate limits of the Town of Beaufort. Clarifies that the described property is navigable waters and other unincorporated property belonging to the State and exempt from taxation by the Town.
Expands the provisions of SL 1981-710, which authorize the Town of Beaufort to regulate navigable waters within its boundaries. Makes the provisions also applicable to the Towns of Atlantic Beach, Bogue, Cape Carteret, Cedar Point, Emerald Isle, Indian Beach, Morehead City, Newport, Peletier, and Pine Knoll Shores.
| Intro. by McElraft. | Carteret |
Includes whereas clauses.
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the Ashe County Schools, Avery County Schools, Mitchell County Schools, and Watauga County Schools with additional flexibility in adopting their school calendars. Provides that on a showing of good cause, the opening date requirement may be waived and local boards of education may be allowed to set an earlier opening date, as follows: (1) if schools have been closed eight days per year during any four of the last 10 years, the opening date must be no earlier than the Monday closest to August 19; (2) if schools have been closed 13 days per year during any four of the last 10 years, the opening date must be no earlier than the Monday closest to August 12; and (3) if schools have been closed 17 days per year during any of the four of the last 10 years, the opening date must be no earlier than the Monday closest to August 7. Makes conforming changes. Applies beginning with the 2019-20 school year.
The Daily Bulletin: 2019-02-26
Blank bill.
Amends Sections 2, 3, and 6 of SL 1991-78, as amended, to change the Guilford County Board of Education (Board) election from partisan to nonpartisan beginning in 2020. Directs the nonpartisan primary and election method set out in GS 163A-1618 be used, with ballots listing candidates with no reference to party affiliation. Directs the Guilford Board of Elections to determine the candidate filing period. Requires members to be elected at the same time as the regular primary and general election dates for county officers. Provides for staggered four-year terms. Directs vacancies for positions elected on a partisan basis in 2016 and 2018 to be filled pursuant to GS 115C-37.1(d). Effective the first Monday in December 2020, removes Guilford County from the scope of GS 115C-37.1, which provides for vacancies in offices of county boards elected on a partisan basis. Makes conforming and technical changes.
Maintains the terms of Board members elected in 2016 and 2018, or any member appointed by the remaining members to fill a vacancy of a member elected in 2016 or 2018, providing for service until a successor has been elected and qualified.
| Intro. by Garrett, Robinson. | Guilford |
Blank bill.
| Intro. by Harrington. | Gaston |
Blank bill.
| Intro. by Mohammed. | Mecklenburg |
Amends the Town of Black Mountain's charter, SL 1951-747, as amended, as the title indicates. Also provides that in 2020 and quadrennially thereafter, three aldermen are to be elected to four-year terms and in 2022 and quadrennially thereafter, the mayor and two aldermen are to be elected to serve four-year terms. Prohibits holding a municipal election in 2019 and extends the terms of the three members of the Board of Aldermen elected in 2015 until 2020, and the mayor and the two members of the Board of Aldermen elected in 2017 are extended until 2022. Regular municipal elections must be conducted in 2020.
| Intro. by Edwards. | Buncombe |
Amends the Town of Montreat's charter, SL 1985-295, as amended, as the title indicates. Also provides that in 2020 and quadrennially thereafter, three commissioners are to be elected to four-year terms and in 2022 and quadrennially thereafter, two commissioners are to be elected to serve four-year terms. Requires that the mayor be elected to serve a four-year term in 2020 and quadrennially thereafter. Prohibits holding a municipal election in 2019 and extends the terms of the mayor and three commissioners whose terms expire in 2019 until 2020, and the two commissioners whose terms expire in 2021 are extended until 2022. Regular municipal elections must be conducted in 2020.
| Intro. by Edwards. | Buncombe |
Blank bill.
| Intro. by Edwards. | Buncombe, Henderson, Transylvania |
Blank bill.
| Intro. by J. Jackson. | Mecklenburg |
Blank bill.
Blank bill.
Actions on Bills: 2019-02-26
H 8: IN-STATE TUITION PILOT PROGRAM. (NEW)
H 30: OFFICIAL STATE FROZEN TREAT.
H 50: ALLOW HYPERBARIC OXYGEN THERAPY FOR TBI/PTSD.
H 57: CREATE TERM FOR PUBLIC SCHS. & CODIFY NCVPS.
H 67: ROAD BARRIER PROHIBITION.
H 73: CIVIC RESPONSIBILITY EDUCATION.
H 75: SCHOOL SAFETY FUNDS, PROGRAMS, AND REPORTS. (NEW)
H 77: DOT 2020-2021 FY BUDGET/GOVERNANCE. (NEW)
H 82: RAILROAD CROSSINGS/ON-TRACK EQUIPMENT.
H 156: SWAIN COUNTY SETTLEMENT TRUST FUND. (NEW)
H 157: DMV/REGISTRATION OF BICYCLES.
H 158: COVID-19 NEW DRIVER RESPONSE. (NEW)
H 159: STATE SEARCH AND RESCUE FUNDING.
H 160: RESCIND CALLS FOR CONSTITUTIONAL CONVENTION.
H 161: SMALL BUSINESS DEVELOPMENT FUND APPROPRIATION.
H 162: CONTINUING EDUCATION FOR GENERAL CONTRACTORS.
H 164: 2019 APPROPRIATIONS ACT.
H 165: ELECTRICIAN REQUIREMENTS FOR CERTAIN ORGS.
H 166: ADD'L JUDGE AND MAGISTRATE IN DISTRICT 22A.
H 167: EXTEND DEADLINE/CERTAIN ID APPROVAL/VOTING.
H 168: COLLEGE ADVISING CORPS EXPANSION/FUNDS.
H 169: LOGGERHEAD TURTLE/STATE SALTWATER REPTILE.
H 172: K-12 ACADEMIC FREEDOM.
H 173: EXEMPT OCULAR SURGERY FROM CON LAWS.
H 174: HOME SCHOOL TAX CREDIT.
H 176: FAYETTEVILLE MLK PARK/FUNDS.
H 177: FUNDS SCHOOL OF ED. BLDG./FAYETTEVILLE STATE.
H 178: MLK COMMISSION/FUNDING.
H 179: MINI-TRUCK CLASSIFICATION.
H 180: STATE BENEFITS/PENSION REVISIONS.-AB
H 184: STUDY STATE HEALTH PLAN DESIGN.
H 185: THE SAVE ACT.
H 186: HURRICANE HOUSING RECOVERY GRANT.
H 188: RETIREMENT ADMINISTRATIVE CHANGES 2019.-AB
H 189: WC/SOLE PROPRIETORS MUST HAVE COVERAGE.
H 190: AMERICAN ECONOMIC RECOVERY.
H 191: HOUSING RECOVERY/RESTORE GREENSBORO FUNDS.
H 194: ALLOW COORDINATION OF SCHOOL & CC CALENDARS.
H 195: BOARD OF NURSING TECHNICAL CHANGES.-AB
H 196: PARENTAL CONSENT FOR SEX EDUCATION.
H 197: RICHMOND CC/MULTICAMPUS FUNDS.
H 198: HUMAN TRAFFICKING COMMISSION RECOMMENDATIONS.-AB
H 199: PERMANENT CHARTER SCHOOL TRANSPORTATION GRANT.
H 200: 2019 STORM RECOVERY/VAR. BUDGET CORRECTIONS. (NEW)
H 202: AMEND EXPUNCTION.
H 203: AMEND SOCIAL WORK PRACTICE ACT.-AB
H 205: VEH. PROPERTY DMG./DETERMINING AMT. OF LOSS.
H 206: VARIOUS TRANSPORTATION CHANGES. (NEW)
S 6: DARE COUNTY/CC CONSTRUCTION FUNDS.
S 29: MOVE OVER LAW/INCREASE PENALTIES/AMBER LIGHTS. (NEW)
S 56: REVENUE LAWS TECHNICAL CHANGES.
S 77: AG DISASTER FUND/CERTAIN COUNTIES.
S 92: DISAPPROVE MASSAGE/BODYWORK THERAPY BD. RULES.
S 95: VETERANS MEMORIAL FUNDS/DO NOT REVERT.
S 103: 2019 APPROPRIATIONS ACT.
S 105: CLARIFY EMERGENCY POWERS. (NEW)
S 106: CLARIFY LIMITED IMMUNITY/OVERDOSE VICTIMS.
S 109: 2019 APPROPRIATIONS ACT.
S 113: EDUCATION OMNIBUS. (NEW)
S 124: SMALL TOWN MIXED BEVERAGE ELECTION REQS.
S 127: PROTECT GOVERNMENTAL ACCOUNTABILITY.
S 128: 2019 APPROPRIATIONS ACT.
S 129: ADVANCED CERT. SERVICE PURCHASE OPTION/LEOS.
S 130: STATE EMPLOYEES/PAID PARENTAL LEAVE.
S 133: RATE-MAKING AMENDMENTS.-AB
S 134: ECONOMICS & FINANCIAL LITERACY ACT.
S 137: ECONOMIC SECURITY ACT.
S 141: NAIC ACCREDITATION AMENDMENTS.-AB
S 143: THE SAVE ACT.
S 144: ALLOW IN-STATE TUITION/ATHLETIC SCHOLARSHIPS. (NEW)
S 146: DESIGNATE OFFICIAL STATE SPIDER.
S 148: PUBLIC RECORDS/RELEASE OF LEO RECORDINGS.
S 149: ALLOW HYPERBARIC OXYGEN THERAPY FOR TBI/PTSD.
S 150: GREENE CO. ARTS & HISTORICAL SOCIETY FUNDS.
S 151: BREAK OR ENTER PHARMACY/INCREASE PENALTY.
S 152: RESTORE LEA SALES TAX REFUND.
Actions on Bills: 2019-02-26
H 31: ALLOW DURHAM PUB. SCHOOLS TO PROVIDE HOUSING.
H 163: SCHOOL CALENDAR FLEX/CERTAIN SCHOOL SYSTEMS.
H 170: VARIOUS SATELLITE ANNEXATIONS. (NEW)
H 171: CHINA GROVE SATELLITE ANNEXATIONS.
H 175: SCHOOL CALENDAR FLEXIBILITY/CERTAIN SYSTEMS.
H 181: YANCEYVILLE/GREENSBORO/MCDOWELL CTY BD ED. (NEW)
H 182: GUILFORD CO. BD. OF ED/NONPARTISAN ELECTION.
H 183: SCHOOL CALENDAR FLEXIBILITY/WAKE COUNTY.
H 187: AMEND TOWN OF ELON CHARTER/PARKING ORDINANCES.
H 192: SCHOOL CALENDAR FLEXIBILITY/GUILFORD COUNTY.
H 193: GREENSBORO/SMALL BUSINESS ENTERPRISE.
H 201: RANDOLPH CO. REGISTER OF DEEDS TAX CERT. (NEW)
H 204: TOWN OF BEAUFORT/ANNEXATION. (NEW)
H 207: SCHOOL CALENDAR FLEX/WEATHER/CERTAIN COUNTIES.
S 125: 21ST SENATORIAL DISTRICT LOCAL ACT-1.
S 126: 14TH SENATORIAL DISTRICT LOCAL ACT-1.
S 131: 23RD SENATORIAL DISTRICT LOCAL ACT-1.
S 132: GUILFORD CO. BD. OF ED/NONPARTISAN ELECTION.
S 135: 43RD SENATORIAL DISTRICT LOCAL ACT-1.
S 136: 38TH SENATORIAL DISTRICT LOCAL ACT-1.
S 138: EVEN-YR MUNICIPAL ELECTIONS/TOWN OF BLACK MTN.
S 139: EVEN-YR. MUNICIPAL ELECTIONS/TOWN OF MONTREAT.
S 140: 48TH SENATORIAL DISTRICT LOCAL ACT-1.
S 142: 37TH SENATORIAL DISTRICT LOCAL ACT-1.
S 145: 47TH SENATORIAL DISTRICT LOCAL ACT-1.
S 147: 5TH SENATORIAL DISTRICT LOCAL ACT-1.
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