Part I. Captive Insurance
Amends GS 58-10-395, concerning changes to a captive insurance company’s plan of operation, to make GS 58-10-345(f), making information confidential, applicable to information filed under this statute.
Amends GS 58-10-415(c) to allow the Commissioner of Insurance (Commissioner) to grant an exemption from the statute (concerning annual audits and statement of actuarial opinion) if compliance would constitute a financial or organizational hardship upon the insurer.
Amends GS 58-10-430 by allowing the Commissioner to conduct a financial analysis of information submitted to or obtained by the Commissioner and provides that the captive insurance company does not have to pay the expense of the analysis. Makes conforming changes.
Amends GS 58-10-340 by adding and defining governing board as it applies to captive insurance companies, as the board of directors or officials possessing similar authority. Amends various statutes to reflect this change.
Amends GS 58-10-380 by requiring at least one member of the governing board be a state resident; removes requirements that were dependent on how the company was formed.
Amends GS 58-10-380 to allow a captive insurance company’s organizational documents (was, articles of incorporation or bylaws) to authorize a quorum of its governing board to consist of no fewer than one-third of the fixed or prescribed number.
Amends GS 105-228.4A to exclude two or more protected cell captive insurance companies or special purpose captive insurance companies with a cell or series structure that are under common ownership from those that are taxed as single captive insurance companies. Amends GS 105-228.4A further to provide that the aggregate amount of tax payable under the statute by a special purpose captive insurance company with a cell or series structure with 10 or more cells or series may not be less than $10,000 and may not exceed the lesser of (1) $100,000 plus $5,000 multiplied by the number of cells or series over 10 and (2) $200,000. Effective for premium taxes imposed for taxable years beginning on or after January 1, 2020.
Amends GS 105-228.4A by adding an exemption from prorated premium taxes for the year in which the redomestication occurs and the premium taxes imposed for the calendar year following the redomestication if the specified conditions are met. Effective for premium taxes imposed for taxable years beginning on or after January 1, 2019, and expires for taxable years beginning on or after January 1, 2022.
Part II. Holding Company Act
Amends GS 58-19-10 to amend the investments that a domestic insurer may make to include investments in securities of affiliates as well as subsidiaries.
Part III. Surplus Lines
Repeals GS 58-21-40(b)(3), which required the North Carolina Surplus Lines Association (NCSLA) to file with the Commissioner an annually updated list of surplus lines licensees.
Amends GS 58-21-75 by amending the records that are to be kept by surplus lines licensees to require records to include a copy of the compliance agreement. Removes reference to the licensee’s office being in the state.
Repeals GS 58-21-80, which required surplus lines licensees to file quarterly reports on specified information. Makes conforming changes to GS 58-21-35.
Amends GS 58-21-95 to allow the Commissioner to take specified disciplinary actions upon failure to pay the stamping fee; removes the authority to act upon removal of the surplus lines licensee’s office from the state.
Part IV. Align State law to the NAIC Model Law
Amends GS 58-30-71 (immunity and indemnification of the receiver and employees) as follows. Clarifies who is entitled to protection under the statute. Provides that a receiver’s contractors have official immunity. Extends immunity for all listed individuals so that it applies to any matters that have been subject to review by the court after notice and opportunity to be heard if the act error, or omission was not disapproved or disallowed by the court. Makes conforming changes.
Part V. Consent to Rate
Amends GS 58-36-30 by adding that a rate exceeding the rate promulgated by the Bureau may be charged on any specific risk if the higher rate is charged in accordance with rules adopted by the Commissioner. Makes additional clarifying and technical changes.
Part VI. Fast Act
Amends GS 58-39-26 by adding that an insurance institution or agent is not required to provide the privacy notice annually if: (1) the insurance institution or agent provides nonpublic personal information only in accordance with the specified provisions and (2) the insurance institution or agent has not changed its policies and practices with regard to disclosing nonpublic personal information from those that were disclosed in the most recent disclosure sent to consumers.
Part VII. Expedited External Review
Amends GS 58-50-82 by amending the four options available when a request is eligible for external review and the covered person’s treating provider requesting the service that is the subject of the external review has certified the request. Effective October 1, 2019, and applies to requests for expedited review submitted on or after that date.
Amends GS 58-50-89 by removing the hold harmless provision for medical professionals rendering advice to the Commissioner.
Part VIII.
Amends GS 58-50-56 by removing the provision allowing a person enrolled in a preferred provider benefit plan to obtain covered health care services from a provider who does not participate in the plan. Makes the preferred provider benefit plan coverage limitations subject to GS 58-3-190 (coverage required for emergency care).
Enacts new GS 58-50-56.1 providing that if (1) a contract between an insurer and a health care provider offering an exclusive provider benefit plan is terminated by the provider or by the insurer, or benefits or coverage provided by the insurer are terminated because of a change in the terms of provider participation in an insurer's exclusive provider benefit plan and (2) an insured is undergoing treatment from the provider for an ongoing special condition on the date of termination, then: (1) upon termination of the contract by the insurer or receipt by the insurer of written notification of termination by the provider, the insurer must notify the insured of the termination and of the right to continuation of coverage of treatment by the provider and (2) the insurer must allow an insured to elect to continue to be covered with respect to the treatment by the terminated provider for the ongoing special condition during a transitional period. Sets out transitional periods in general, for scheduled surgery, organ transplantation, or inpatient care; for pregnancy; and for terminal illness.
Requires each exclusive provider benefit plan offered by an insurer to provide transition coverage to individuals who (1) are newly covered under an exclusive provider benefit plan because the individual's employer has changed benefit plans and (2) are undergoing treatment from a provider for an ongoing special condition.
Allows an insurer to condition coverage of continued treatment on six specified terms and conditions. Requires insurers to include a description of an insured’s rights in its evidence of coverage and summary plan description.
Allows the Department of Insurance to adopt temporary rules to implement the statute.
Part IX. Bail Bondsman
Amends GS 58-71-1 which defines terms for use in Article 71, Bail Bondsmen and Runners, by adding and defining premium.
Amends GS 58-71-45 to provide that a license to a bail bondsman or a runner authorizes the licensee to act until the license is lapsed (in addition to when it is suspended or revoked). Requires that a license be returned to the Commissioner within 10 working days of the lapse, suspension, or revocation.
Amends GS 58-71-165 by amending and adding to the items that must be included in the bail bondman’s monthly report.
Amends GS 58-71-167 to require that a copy of the specified agreement and memorandum between the principal and surety for deferral of premium payments be provided to the principal (was, provided only upon request).
Part X. State and Fire Rescue Commission
Amends GS 58-78-5 to allow the State and Fire Rescue Commission to adopt, modify, or repeal any rules and regulations necessary to carry out Article 78 (State and Fire Rescue Commission).
Part XI. Prepaid Health Plan
Amends GS 58-93-20 to make a clarifying change.
Amends GS 58-93-30 to set the specified fees at the listed amounts instead of capping the allowable fee at that amount.
Amends GS 58-93-60 by requiring the Commissioner to notify DHHS before examining a PHP and requires providing DHHS with the results of the examination.
Amends GS 58-93-90 by requiring the Commissioner to provide DHHS with notice before applying for an order to rehabilitate or liquidate a PHP; allows for notice as soon as possible after seeking the order if prior notice is not possible.
Amends GS 58-93-95 to require that a copy of a notice that there are grounds to deny, suspend, or revoke a license for a PHP be given to DHHS.
Amends a statutory cross-reference in GS 58-90-120.
Part XII. Application to NC Self-Insurance Security Association
Amends GS 97-170 to require that a copy of an application for licensure as a self-insurer be filed with the NC Self-Insurance Security Association at the same time as the application is filed.
Part XIII. Criminal Penalties
Amends GS 58-2-161 to add penalties for a person who takes the specified actions with the intent to injure, defraud, or deceive an insurer or insurance claimant; penalties vary from a Class 1 misdemeanor to a Class C felony depending on the value of the claim for payment (previously all violations were a Class H felony). Allows an additional penalty of up to $10,000 for each violation. Allows, instead of requiring, that each claim be considered a separate count.
Amends GS 58-2-164 to make the specified actions intended to deceive an insurer a Class 1 misdemeanor instead of a Class 3 misdemeanor; removes solicitation and conspiring to commit specified acts. Increases the penalty to a Class H felony when the violation is committed with respect to an application for insurance or amendment to a policy of auto insurance for more than one passenger vehicle.
Amends GS 58-3-150 to make it unlawful for any person, with the intent to injure, defraud, or deceive, to prepare, issue, or request a certificate of insurance that meets the specified statutory criteria. Violations are a Class 1 misdemeanor or Class I felony depending on the value of the certificate of insurance.
Applies to offenses committed on or after December 1, 2019.
The Daily Bulletin: 2019-02-28
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The Daily Bulletin: 2019-02-28
Part I. Captive Insurance
Amends GS 58-10-395, concerning changes to a captive insurance company’s plan of operation, to make GS 58-10-345(f), making information confidential, applicable to information filed under this statute.
Amends GS 58-10-415(c) to allow the Commissioner of Insurance (Commissioner) to grant an exemption from the statute (concerning annual audits and statement of actuarial opinion) if compliance would constitute a financial or organizational hardship upon the insurer.
Amends GS 58-10-430 by allowing the Commissioner to conduct a financial analysis of information submitted to or obtained by the Commissioner and provides that the captive insurance company does not have to pay the expense of the analysis. Makes conforming changes.
Amends GS 58-10-340 by adding and defining governing board as it applies to captive insurance companies, as the board of directors or officials possessing similar authority. Amends various statutes to reflect this change.
Amends GS 58-10-380 by requiring at least one member of the governing board be a state resident; removes requirements that were dependent on how the company was formed.
Amends GS 58-10-380 to allow a captive insurance company’s organizational documents (was, articles of incorporation or bylaws) to authorize a quorum of its governing board to consist of no fewer than one-third of the fixed or prescribed number.
Amends GS 105-228.4A to exclude two or more protected cell captive insurance companies or special purpose captive insurance companies with a cell or series structure that are under common ownership from those that are taxed as single captive insurance companies. Amends GS 105-228.4A further to provide that the aggregate amount of tax payable under the statute by a special purpose captive insurance company with a cell or series structure with 10 or more cells or series may not be less than $10,000 and may not exceed the lesser of (1) $100,000 plus $5,000 multiplied by the number of cells or series over 10 and (2) $200,000. Effective for premium taxes imposed for taxable years beginning on or after January 1, 2020.
Amends GS 105-228.4A by adding an exemption from prorated premium taxes for the year in which the redomestication occurs and the premium taxes imposed for the calendar year following the redomestication if the specified conditions are met. Effective for premium taxes imposed for taxable years beginning on or after January 1, 2019, and expires for taxable years beginning on or after January 1, 2022.
Part II. Holding Company Act
Amends GS 58-19-10 to amend the investments that a domestic insurer may make to include investments in securities of affiliates as well as subsidiaries.
Part III. Surplus Lines
Repeals GS 58-21-40(b)(3), which required the North Carolina Surplus Lines Association (NCSLA) to file with the Commissioner an annually updated list of surplus lines licensees.
Amends GS 58-21-75 by amending the records that are to be kept by surplus lines licensees to require records to include a copy of the compliance agreement. Removes reference to the licensee’s office being in the state.
Repeals GS 58-21-80, which required surplus lines licensees to file quarterly reports on specified information. Makes conforming changes to GS 58-21-35.
Amends GS 58-21-95 to allow the Commissioner to take specified disciplinary actions upon failure to pay the stamping fee; removes the authority to act upon removal of the surplus lines licensee’s office from the state.
Part IV. Align State law to the NAIC Model Law
Amends GS 58-30-71 (immunity and indemnification of the receiver and employees) as follows. Clarifies who is entitled to protection under the statute. Provides that a receiver’s contractors have official immunity. Extends immunity for all listed individuals so that it applies to any matters that have been subject to review by the court after notice and opportunity to be heard if the act error, or omission was not disapproved or disallowed by the court. Makes conforming changes.
Part V. Consent to Rate
Amends GS 58-36-30 by adding that a rate exceeding the rate promulgated by the Bureau may be charged on any specific risk if the higher rate is charged in accordance with rules adopted by the Commissioner. Makes additional clarifying and technical changes.
Part VI. Fast Act
Amends GS 58-39-26 by adding that an insurance institution or agent is not required to provide the privacy notice annually if: (1) the insurance institution or agent provides nonpublic personal information only in accordance with the specified provisions and (2) the insurance institution or agent has not changed its policies and practices with regard to disclosing nonpublic personal information from those that were disclosed in the most recent disclosure sent to consumers.
Part VII. Expedited External Review
Amends GS 58-50-82 by amending the four options available when a request is eligible for external review and the covered person’s treating provider requesting the service that is the subject of the external review has certified the request. Effective October 1, 2019, and applies to requests for expedited review submitted on or after that date.
Amends GS 58-50-89 by removing the hold harmless provision for medical professionals rendering advice to the Commissioner.
Part VIII. Exclusive Provider Benefit Plans
Amends GS 58-50-56 by removing the provision allowing a person enrolled in a preferred provider benefit plan to obtain covered health care services from a provider who does not participate in the plan. Makes the preferred provider benefit plan coverage limitations subject to GS 58-3-190 (coverage required for emergency care).
Enacts new GS 58-50-56.1 providing that if (1) a contract between an insurer and a health care provider offering an exclusive provider benefit plan is terminated by the provider or by the insurer, or benefits or coverage provided by the insurer are terminated because of a change in the terms of provider participation in an insurer's exclusive provider benefit plan and (2) an insured is undergoing treatment from the provider for an ongoing special condition on the date of termination, then: (1) upon termination of the contract by the insurer or receipt by the insurer of written notification of termination by the provider, the insurer must notify the insured of the termination and of the right to continuation of coverage of treatment by the provider and (2) the insurer must allow an insured to elect to continue to be covered with respect to the treatment by the terminated provider for the ongoing special condition during a transitional period. Sets out transitional periods in general, for scheduled surgery, organ transplantation, or inpatient care; for pregnancy; and for terminal illness.
Requires each exclusive provider benefit plan offered by an insurer to provide transition coverage to individuals who (1) are newly covered under an exclusive provider benefit plan because the individual's employer has changed benefit plans and (2) are undergoing treatment from a provider for an ongoing special condition.
Allows an insurer to condition coverage of continued treatment on six specified terms and conditions. Requires insurers to include a description of an insured’s rights in its evidence of coverage and summary plan description.
Allows the Department of Insurance to adopt temporary rules to implement the statute.
Part IX. Bail Bondsman
Amends GS 58-71-1 which defines terms for use in Article 71, Bail Bondsmen and Runners, by adding and defining premium.
Amends GS 58-71-45 to provide that a license to a bail bondsman or a runner authorizes the licensee to act until the license is lapsed (in addition to when it is suspended or revoked). Requires that a license be returned to the Commissioner within 10 working days of the lapse, suspension, or revocation.
Amends GS 58-71-165 by amending and adding to the items that must be included in the bail bondman’s monthly report.
Amends GS 58-71-167 to require that a copy of the specified agreement and memorandum between the principal and surety for deferral of premium payments be provided to the principal (was, provided only upon request).
Part X. State and Fire Rescue Commission
Amends GS 58-78-5 to allow the State and Fire Rescue Commission to adopt, modify, or repeal any rules and regulations necessary to carry out Article 78 (State and Fire Rescue Commission).
Part XI. Prepaid Health Plan
Amends GS 58-93-20 to make a clarifying change.
Amends GS 58-93-30 to set the specified fees at the listed amounts instead of capping the allowable fee at that amount.
Amends GS 58-93-60 by requiring the Commissioner to notify DHHS before examining a PHP and requires providing DHHS with the results of the examination.
Amends GS 58-93-90 by requiring the Commissioner to provide DHHS with notice before applying for an order to rehabilitate or liquidate a PHP; allows for notice as soon as possible after seeking the order if prior notice is not possible.
Amends GS 58-93-95 to require that a copy of a notice that there are grounds to deny, suspend, or revoke a license for a PHP be given to DHHS.
Amends a statutory cross-reference in GS 58-90-120.
Part XII. Application to NC Self-Insurance Security Association
Amends GS 97-170 to require that a copy of an application for licensure as a self-insurer be filed with the NC Self-Insurance Security Association at the same time as the application is filed.
Part I.
Amends GS 90-1.1 which sets out the definitions used in GS Chapter 90, Article 1, Practice of Medicine, as follows. Expands the definition of license to also include authorization to an anesthesiologist assistant (in addition to physicians and physician assistants) to perform medical acts, tasks, or functions. Adds the terms inactive license and licensee (which is defined to include persons issued a license whether it is active or inactive).
Amends GS 90-2 by amending the membership of the North Carolina Medical Board (Board) who are appointed by the Governor to require that one be a doctor of osteopathic medicine (was, be a doctor of osteopathy). Effective October 31, 2019.
Amends GS 90-2(d) concerning the filling of specified Board vacancies by removing limitations set in GS 90-2(a)(2)a.
Amends GS 90-3 concerning the Review Panel’s review of specified types of applicants for Board membership by removing limitations set in GS 90-2(a)(2)a. Also amends the qualifications that must be met by physicians, physician assistants, or nurse practitioners on the Board to require that the applicant indicate they are willing to take appropriate disciplinary action against peers for violations of the standards of medical care (was, standard of care or practice of medicine). Makes additional clarifying changes.
Amends GS 90-5 by deleting the current Board meeting requirements and instead requires the Board to meet at least once quarterly within the State and allows holding any other necessary meetings.
Amends GS 90-5.1 by giving the board the power to identify dyscomptent licensees and licensees (was, physicians only) who fail to meet acceptable standards of care. Also allows the Board to assess and improve licensee practice (was, physician practice only).
Amends GS 90-5.2 to require that that licensees report to the Board any graduate medical or osteopathic education (previously limited that education to institutions approved by specified entities).
Amends GS 90-5.3, concerning specified reporting and publication requirements, by making changes to conform to the new definition of license.
Enacts new GS 90-5.4 requiring every licensee to report in writing to the Board within 30 day any incidents that the licensee reasonably believes to have occurred that involve sexual misconduct of any licensed person, or fraudulent prescribing, drug diversion, misuse, or theft of any controlled substances by a licensed person. Failure to report constitutes unprofessional conduct and is grounds for discipline. Provides immunity from civil liability for reports made in good faith and without fraud or malice. Those made in bad faith, fraudulently, or maliciously are unprofessional conduct and are grounds for discipline.
Repeals GS 90-7, which required a bond by the secretary of the Board.
Amends GS 90-8.1 by adding that by submitting a license application, the applicant submits to the Board’s jurisdiction.
Amends GS 90-9.1 by amending criteria to be met for licensure as a physician by adding that the application must have completed at least 130 weeks of medical education that satisfies the already listed education requirements, and adds that the applicant provide proof of a current certification by a specialty board recognized by the specified specialty boards. Makes additional clarifying and technical changes.
Amends GS 90-9.2, concerning the requirements for graduates of international medical schools to require that applicants for licensure who graduate from a medical school not approved by the specified entities have successfully completed two years (was, three years) of training in a medical education program approved by the Board after graduation from medical school, or allows providing proof of current certification by a listed specialty board; also adds the requirement that the applicant has passed each part of the exam in GS 90-10.1. Makes additional clarifying changes.
Amends GS 90-9.3, which sets out the requirements for licensure as a physician assistant by changing the organization that accredits the education program that physician assistants or surgeon assistants must have completed.
Amends GS 90-9.4, which sets out the criteria for licensure as an anesthesiologist assistant by removing the requirement to pass a certification exam administered by the NCCAA.
Enacts new GS 90-9.5 giving the Board jurisdiction over inactive licenses, regardless of how the license became inactive.
Repeals GS 90-10.1(1), which allowed the Board to administer or accept for licensure a State Board licensing examination.
Amends GS 90-11 to allow the Board to collect a fee from each applicant for purposes of criminal record checks and requires that the payment be given to the Department of Public Safety.
Amends GS 90-12.01 by adding that the program director of every graduate medical program must report to the Board on adverse actions or resignations by a physician participating in a graduate medical education training program.
Amends GS 90-12.1A concerning the issuance of a limited volunteer license to require that applicants produce a verification (was, a letter) from the state of licensure indicating applicant’s license is active and in good standing. Increases the fine for limited license holders who practice outside of an association with clinics that specialize in the treatment of indigent patients from a range of $25-$50 to no more than $500. Makes additional clarifying changes.
Amends GS 90-12.1 (applicable to retired limited volunteer license) and GS 90-12.2A (applicable to special purpose license) to increase the fine for improper practice from a range of $25-$50 to no more than $500. Makes additional clarifying changes.
Amends GS 90-12.3 by amending the qualifications to be met in order to receive a medical school faculty license to require that the applicant hold a full-time faculty appointment as either an instructor, lecturer, assistant professor, associate professor, or full professor at an NC medical school that is certified by the specified entities. Increases the fine for improper practice from a range of $25-$50 to no more than $500. Adds conditions under which a medical school faculty license will become inactive. Makes additional clarifying changes.
Amends GS 90-12.4, applicable to a physician limited volunteer license and GS 90-12.4B, applicable to a physician assistant retired limited volunteer license, by increasing the fine for improper practice from a range of $25-$50 to no more than $500. Makes other clarifying changes.
Amends GS 90-13.1 by increasing the fees for duplicate licenses and for the licensure of an anesthesiologist assistant. Adds a $230 fee for initial licensure of a physician assistant. Makes a conforming deletion in GS 90-9.3.
Amends GS 90-13.2 to add registration fees and related fines for physician assistants and anesthesiologist assistants. Increases the fine for physicians who fail to register. Makes additional changes that expand provisions to all licensees, not just physicians.
Enacts new GS 90-13.2A allowing for corporate certificates and establishing fees that are to be paid by professional corporations practicing medicine.
Amends GS 90-13.3 by increasing the per diem to Board members.
Amends GS 90-14 by amending the Board’s disciplinary authority as follows. Allows the Board to require an applicant or licensee (was, a physician only) to submit to a mental or physical exam and expands upon who may conduct that exam; failure to comply may be considered unprofessional conduct. Deletes the provision prohibiting license revocation or denial or discipline solely because a person’s practice of a therapy departs from acceptable and prevailing medical practice. Amends allowing action due to lack of professional competence to practice to include consideration of repeated acts of an applicant’s or licensee’s (was, physician’s only) failure to properly treat a patient; makes conforming changes and adds that failure to comply with a related order may be considered unprofessional conduct. Extends other disciplinary authority to conduct by all licensees, not just physicians. Adds that the board may take action for a violation of any provision of the Article and for failure to make required reports. Adds that a felony conviction under GS Chapter 14, Article 7B (rape and other sexual assaults), results in the automatic permanent denial or revocation of a license. Adds that the provisions allowing for an informal nonpublic precharge conference do not apply where the Board has issued an order of summary suspension. Provides that when it is determined that emergency action is required, the Board may seek to require of a licensee the taking of any action adversely impacting the licensee's medical practice or license without first giving notice.
Amends GS 90-14.1 to require that when an applicant fails to satisfy the qualifications for licensure, the Board must immediately notify the person of its decision and indicate how the applicant has failed to meet the requirements. Allows for appeal to superior court of the county where the Board is located (was, Superior Court of Wake County) and removes other references to the Board being located in Raleigh. Removes provision allowing each party to the review proceeding to appeal to the Supreme Court.
Amends GS 90-14.2 by no longer specifying that a notice of charges made against a licensee may be prepared by a committee of one or more designated Board members.
Amends GS 90-14.5 to allow the Board to use an administrative law judge if the licensee is a current or former Board member. Moves the provision allowing evidence and testimony to be presented at a hearing before the Board or committee in the form of deposition before any person authorized to administer oaths into GS 90-14.6. Allows the Board to receive witness testimony at a hearing via telephone or videoconferencing.
Amends GS 90-14.8 by amending the court that may hear review of a Board decision.
Amends GS 90-14.13 to extend reporting requirements for health care institutions and provider organizations to include specified actions taken concerning licensees, not just physicians. Allows the Board to adopt rules limiting these reporting requirements. Requires the specified report from licensees who do not possess professional liability insurance or professional liability insurance from entities not owned and operated within the state. Defines claim for purpose of provisions related to reporting by insurance companies providing professional liability insurance.
Amends GS 90-16 to no longer require the Board to keep a regular record of its proceedings with the names of the applicants for license. Amends the entities to which the Board, its members, and staff may release confidential or nonpublic information.
Amends GS 90-18(c) to no longer exclude the practice of osteopathy by any legally licensed osteopath from the practice of medicine or surgery. Amends the definition of radiology. Makes other clarifying changes.
Amends GS 90-18.1 by amending the conditions under which physician assistants are authorized to write prescriptions for drugs by removing the condition that the Board has assigned an identification number to the assistant which is shown on the written prescription. Amends the conditions under which physician assistants are authorized to order medications, tests, and treatments to no longer require that the facility’s written policy on such actions have been approved by the medical staff after consultation with the nursing administrator. Makes additional clarifying changes.
Amends GS 90-18.2 by amending the conditions under which nurse practitioners are authorized to write prescription drugs by removing the condition that the Board has assigned an identification number to the assistant which is shown on the written prescription. Makes other clarifying changes.
Amends GS 90-18.3 to allow nurse practitioners and physician assistants to conduct medical exams when a statute or state agency rule requires that such an exam be conducted by a physician.
Repeals GS 90-18.7, which concerned the coordination of rules on pathological materials.
Part II.
Amends GS 115B-14 to allow a professional corporation to be formed by and between or among any combination of a physician assistant, an anesthesiology assistant, or a certified nurse anesthetist to render anesthesia and related services that the respective stockholders are approved to provide.
Part III.
Amends GS 143-519 by amending the membership of the Emergency Medical Services Disciplinary Committee to allow a member to be a current or former (was, current) physician member of the Board.
Part IV.
Amends GS 8-53, concerning communications between health care providers and patients, to extend the applicability of the statute to a person authorized to practice under Article 1 of GS Chapter 90.
Part V.
Amends GS 90-411, concerning record copy fees, by deleting the provision stating that the statute only applies with respect to liability claims for personal injury and claims for Social Security disability.
Part VII.
Enacts new GS 14-27.33A making it a Class C felony if a person who undertakes meical treatment of a patient either: (1) represents to the patient that sexual contact between the person and the patient is necessary or will be beneficial to the patient's health and induces the patient to engage in sexual contact with the person by means of the representation, (2) represents to the patient that sexual penetration between the person and the patient is necessary or will be beneficial to the patient's health and who induces the patient to engage in sexual penetration with the person by means of the representation, (3) engages in sexual contact with the patient while the patient is incapacitated, or (4) engages in sexual penetration with the patient while the patient is incapacitated. Applies to offenses committed on or after December 1, 2019.
Part VII.
Amends GS 130A-115 by adding that in the absence of a treating physician, physician assistant, or nurse practitioner in charge of the patient's care at the time of death, chief medical officer of the hospital or facility in which the death occurred, or a physician performing an autopsy, the death certificate may be completed by any other physician, physician assistant, or nurse practitioner who undertakes reasonable efforts to ascertain the events surrounding the patient's death. Gives a person doing so immunity from civil liability or professional discipline.
Part VIII.
Act is effective October 1, 2019.
Reenacts GS 105-151.31 as it existed immediately before its repeal in 2014, providing for an earned income tax credit, with the following changes. Recodifies the statute as GS 105-153.11 and sunsets the reenacted provisions on January 1, 2023. Now allows for a 5% earned income tax credit per taxable year (previously, allowed for a 4.5% credit for the 2013 taxable year and 5% for all other taxable years). Makes the credit subject to Section 3507 of the Internal Revenue Code, Advance Payment of Earned Income Credit (previously, did not apply). Corrects statutory references. Effective January 1, 2019.
| Intro. by Harris, Alexander, Jackson, K. Smith. | GS 105 |
Titles the act as the Education Bond Act of 2019.
Sets out the purpose of the act as, subject to a voter approval, issuing $1.9 billion in general obligation bonds of the State to provide funds for: (1) public school facilities through grants to counties for public school capital outlay projects and repairs and renovations, in the amount of $1.5 billion; (2) for community college facilities for community college capital outlay projects and repairs and renovations, in the amount of $200 million, and (3) for The University of North Carolina facilities for capital outlay projects for constituent institutions and repairs and renovations at such institutions, in the amount of $200 million.
Defines several terms as they are used in the act, including defining capital outlay projects.
Provides for an election to be held in November of 2020 on the question of the issuance of the $1.9 billion of bonds. Provides for the text of the question on the ballot.
Authorizes the State Treasurer, upon an affirmative majority vote by voters, to issue and sell general obligation bonds of the State, or notes of the State, in an aggregate principal amount not exceeding $1.9 billion, for the purpose of providing funds, with any other available funds, for the purposes described in this Act. Prohibits the principal amounts of bonds or notes issued in any 12 month period from exceeding $591 million.
Requires that $1.5 billion of the proceeds of the education bonds and notes be used to make grants to counties for paying the cost of public school capital outlay projects and repairs and renovations. Provides an itemized list of grant amounts to each public school system. Sets out four special allocation provisions related to the use of these proceeds, including when a local match is required and the amount of matching funds required.
Requires that $200 million of the proceeds of education bonds and notes be used for paying the costs of capital outlay projects for UNC constituent institutions and repairs and renovations. Sets out two special allocation provisions related to the use of these proceeds, including factors for the Board of Governors to consider when allocating proceeds.
Requires that $200 million of the proceeds of education bonds and notes be used for paying the costs of community college capital outlay projects and repairs and renovations. Sets out three special allocation provisions related to the use of these proceeds, including requirements for local matching funds.
Directs the State Treasurer to put proceeds from the bonds and notes, including premiums, into a special fund designated the Education Bonds Fund (Fund). Provides that money in the Fund may be invested by the State Treasurer, and that investment earnings may be credited to the Fund or used to satisfy compliance with applicable requirements of federal tax law. Authorizes and directs the State Treasurer to set up a system to track the proceeds of the bonds and notes to properly account for the use of the proceeds. Requires recipients of the proceeds to comply with the tracking system. Authorizes the State Treasurer to withhold proceeds from recipients who fail to comply with the tracking system.
Provides for the issuance and form of the bonds and notes. Directs the State Treasurer to determine the manner in which the bonds or notes shall be offered for sale, and authorizes the Treasurer to sell the bonds. Directs the State Treasurer to pay the cost of preparing, selling, and issuing the bonds or notes.
Authorizes the State Treasurer to borrow money and execute and issue notes of the State under specified conditions relating to the sale of the bonds. Authorizes the State Treasurer, by and with the consent of the Council of State, to issue and sell refunding bonds to refund bonds or notes pursuant to this section.
Exempts the bonds and notes from all State, county, and municipal tax assessments. Interest on the bonds and notes is not taxable as income.
Authorizes all public officers, agencies, and public bodies of the state; all insurance companies; trust companies; investment companies; banks; savings banks; savings and loan associations; credit unions; pension or retirement funds; other financial institutions; executors; administrators; trustees; and other fiduciaries to properly and legally invest funds in the bonds and notes.
Pledges the faith and credit and taxing power of the State for the payment of the principal and interest on the bonds and notes.
Authorizes the State Treasurer to provide that the bonds or notes may be made payable on demand or tender for purchase by the owner, subject to a credit facility agreement; be additionally supported by a credit facility agreement; be made subject to redemption or a mandatory tender for purchase prior to maturity; bear interest at variable rates; and be made the subject of a remarketing agreement whereby an attempt is made to remarket the bonds or notes to new purchasers prior to their presentment for payment to the provider of the credit facility agreement to the State. Provides that if the aggregate principal amount repayable by the State under a credit facility agreement is in excess of the aggregate principal amount of bonds or notes secured by the credit facility agreement, then the amount of authorized but unissued bonds or notes shall not be less than the amount of the excess, unless the payment of the excess is otherwise provided for by agreement of the State.
Provides clarification for the interpretation of the section, including clauses on additional methods of carrying out the section, statutory references, statutory construction, inconsistent provisions, and severability.
Authorizes the State Treasurer to authorize, execute, obtain, or otherwise provide for other related interests and matters the State Treasurer determines to be desirable in connection with the issuance of bonds and notes.
Requires each entity, upon receiving the proceeds of education bonds and notes, to administer, supervise, and ensure that use of the proceeds comport with the purposes provided in this act. Requires local school administrative units, and the corresponding board of county commissioners, to submit a plan to the State Board of Education on the expenditure of allocated proceeds. Funds are made available once the State Board of Education determines that a local school administrative unit's planned expenditure is within the purposes provided in this act. Sets out reporting requirements.
Requires each UNC constituent institution and community college receiving the proceeds of education bonds and notes to report quarterly on the projects funded from education general obligation bonds.
Provides for the custody and disbursement of funds to address unforeseen contingencies for a specific project, or to address inflation costs for a specific project.
Provides for funds retained by the Office of State Budget and Management at the time a project is completed to be retained by the Office of State Budget and Management, and to be reported within 90 days of a project's completion.
Provides that transfers of voters from a given precinct, for the purpose of voting, to an adjacent precinct for the November 2020 election must be for that election only and must not apply to any subsequent election.
Provides that any funds from the Public School Building Bond expended for school technology shall be reported to the Department of Public Instruction and credited against the judgment in NC Sch. Bds. Ass'n. v. Moore.
| Intro. by Moore, Johnson, Elmore, Horn. | UNCODIFIED |
Amends GS 163A-822, which requires county boards of elections to conduct instructional meetings for precinct officials and assistants prior to each primary and general election. Allows precinct officials to work on election day notwithstanding failure to attend the instructional meeting if the official resides in a county that received a disaster declaration and was displaced as a result of the disaster. Limits the exception to precinct officials who have been previously trained and have experience working prior elections as determined and verified by the county board.
| Intro. by Speciale. | GS 163A |
Amends GS 143-583 to require the Office of State Human Resources to: (1) provide consultative and technical services to assist state agencies in establishing and administering their workplace safety and health programs and to address specific technical problems and (2) monitor compliance with Article 63 (State Employees Workplace Requirements Program for Safety, Health, and Workers' Compensation). Makes additional clarifying changes.
| Intro. by Riddell, Cleveland, Floyd. | GS 143 |
Amends GS 143-133.3, as the title indicates. Applies to contracts awarded on or after October 1, 2019.
| Intro. by Cleveland, Conrad, D. Hall, Henson. | GS 143 |
Amends GS 113A-121.1 to require the determination of the appropriateness of a contested case where a third party is dissatisfied with a decision to deny or grant a minor or major development permit to be made within 30 (was, 15) days after a request for a determination is received.
Amends GS 130A-303 by adding that when a state of emergency has been declared by the Governor, or a disaster declaration has been issued as a result of an outbreak of human or animal disease or as a result of a natural disaster, the Secretary, upon finding an imminent hazard exists, may develop and implement emergency measures and procedures necessary to protect the public health, safety, or welfare or the environment with respect to the proper management of solid waste resulting from the event. Sets out what may be included in the measures. Requires issuance of an order when emergency procedures and measures are developed and implemented and sets out notice requirements of the order. Sets out additional requirements for cases of mass animal mortality. Provides that an order expires no more than 60 days after termination of the declaration by the Governor under which the Secretary's order was issued.
Amends GS 74-55 by changing the due date of the annual mining reclamation report to September 1 and also requires that the permittee pay the annual operating fee on that date. Also changes the date for assessing the related late fees.
Amends GS 143-214.15, concerning compensatory mitigation for diverse habitats as follows. Changes references to the Office of Land and Water Stewardship to the Stewardship Program. Deletes the provisions requiring a request for proposal when a nongovernmental entity wants to purchase any of the inventory of land suitable for wildlife habitat, as well as the related requirements on when the State must accept a proposal.
Section 1
Adds the Riparian Buffer Restoration Fund to the special funds enumerated in GS 147-69.2(a) of which the State Treasurer is required to make investments with any cash in excess of the amount to meet the current needs and demands of the funds. Further amends GS 147-69.2, adding that investments made by the Treasurer from funds of the Ecosystem Restoration Fund and the Riparian Buffer Restoration Fund remain the funds of the Ecosystem Restoration Fund and the Riparian Buffer Restoration Fund, respectively, with interest or other investment income earned on the deposited funds prorated and credited to each respective fund as applicable.
Section 2
Amends GS 130A-295.8, increasing the following annual permit fees for permitted solid waste management facilities: Treatment and Processing Facility from $500 to $1,500; Tire Monofill from $1,000 to $5,500; Incinerator from $500 to $1,500; Large Compost Facility from $500 to $1,500; and Land Clearing and Inert Debris Landfill from $500 to $1,000. Adds three annual permit fees: (1) $1,500 permit for structural fill project involving the placement of more than 8,000 tons of coal combustion products per acre or less than 80,000 tons of coal combustion products in total; (2) $4,500 permit for structural fill project involving the placement of 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total; and (3) $500 permit for post-closure structural project involving the placement of 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total.
Section 3
Amends GS 143-215.104A, extending the sunset date of the Dry-Cleaning Solvent Cleanup Act (Act) from January 1, 2022, to January 1, 2032. Provides that any Dry-Cleaning Solvent Assessment Agreement or Dry-Cleaning Solvent Remediation Agreement in force as of January 1, 2032 (was, January 1, 2012) will continue to be governed by the Act (Part 6, Article 21A, of GS Chapter 143), as though the provisions had not been repealed. Makes clarifying changes.
Amends GS 143-215.104C, apportioning 3% (was, 1%) of the Dry-Cleaning Solvent Cleanup Fund balance each fiscal year for the Department of Environmental Quality (DEQ) to investigate inactive hazardous substance disposal sites DEQ reasonably believes to be contaminated by dry-cleaning solvent.
Amends GS 143-215.104P, which is set to expire January 1, 2022, increasing the maximum civil penalty for any of the nine specified violations that involve a hazardous waste from $25,000 to $32,500, and from $25,000 a day to $32,500 a day for continuous violations that involve a hazardous waste. Maintains the existing cap for a penalty for a continuous violation at $200,000 for each period of 30 days during which the violation continues. Corrects statutory references.
Extends the sunset from July 1, 2020, to July 1, 2030, for GS 105-164.44E, regarding the transfer of 15% of the net State sales and use tax collected from dry cleaning and linen rental businesses under GS 105-164.4(a)(4) to the Dry-Cleaning Solvent Cleanup Fund.
Extends the sunset of Article 5D of GS Chapter 105 (Dry-Cleaning Solvent Tax) from January 1, 2020, to January 1, 2030.
Section 4
Amends GS 143-215.73F(b) concerning the permitted uses of the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund. Allows for the compensation of two positions within DEQ, limited to 2% of funds credited to the Fund in each fiscal year: a beach and inlet management project manager and a manager to oversee financial management activities related to water resources development grants (previously, only allows for compensation for a beach and inlet project manager and limited funding for the position to $99,000 per year). Adds to the permitted uses, allowing the Fund to be used to conduct assessments and maintain a database of dredge material disposal sites, as defined, located in the State.
Section 5
Amends GS 113A-232, adding to the existing purposes of the Conservation Grant Fund that the Fund is to steward properties held by deed or conservation easement by the State. Extends grant eligibility to conservation properties. Adds to the permitted uses of revenue in the Conservation Grant Fund, allowing for the use of the revenue for stewardship program operations and conservation contracts and agreements. Details conservation grants, contracts and agreements included in the authorization, many of which are borrowed language from GS 113A-233, which lists allowable uses of a grant received from the Fund. Makes organizational changes.
Retitles GS 113A-233, Uses of a grant from the Conservation Grant Endowment Account (was, the Conservation Grant Fund). Eliminates the previous allowable uses of a grant set out in subsection (a). Instead, limits all investment income generated by the Conservation Grant Fund by the permitted uses of its revenue set out in GS 113A-232(d), as amended, to those same permitted uses. Provides a further limitation prohibiting the account principal from being used to pay the purchase price of real property or an interest in real property.
Makes a technical change to GS 113A-234.
Retitles GS 113A-235, Conservation properties (was, Conservation easements). Transfers to new subsection (a) the existing language of GS 113A-232(c), as deleted, regarding property eligibility for a grant. Modifies and adds to the eligibility conditions, requiring the real property or real property interest be: reasonably restorable, previously restored, or a high-quality preservation (was limited to being reasonably restorable); be useful for watershed protection or improvement (was limited to watershed protection; one of seven purposes the property or interest must be useful for); and be purchased on behalf of, donated or assigned in perpetuity to, and accepted by the State, a local government, or a body that is both organized and qualified to receive and administer charitable lands (was limited to donation in perpetuity to and acceptance by the named entities). Further, authorizes DEQ to acquire conservation properties and easement by purchase, gift, or assignment in accordance with GS 146-22. Makes conforming and organizational changes.
Enacts GS 113A-236, requiring a contribution be made to the Conservation Grant Fund for conservation property interests donated or assigned to DEQ for the long-term management of the property. Directs the DEQ Secretary to establish procedures and adopt rules fo the calculation and collection of the minimum contribution to the Fund required.
Section 6
Makes a technical correction to Section 14.3, SL 2015-241.
Section 7
Provides for the act's effective date, July 1, 2019.
Amends SL 2018-5, Section 34.24, as the titles indicates. Requires the RFP to be issued within 15 days of when the act becomes effective. Requires the Department of Administration (Department) to report to the specified NCGA committees at least 30 days before the Council of State approves the lease or purchase of office space for the DMV. Prohibits the Department from executing an agreement to lease office space under the RFP issued under Section 34.24 of SL 2018-5.
| Intro. by Torbett, Presnell, Shepard, Iler. | UNCODIFIED |
Repeals SL 2014-100, Section 9.1(d), which provided that instead of providing annual longevity payments to teachers paid on the salary schedule, the amounts of those longevity payments are built into the salary schedule. Sets annual longevity payments for teachers (including instructional support personnel) at 1.5% of base salary for 10 to 14 years of State service, 2.25% of base salary for 15 to 19 years of State service, 3.25% of base salary for 20 to 24 years of State service, and 4.5% of base salary for 25 or more years of State service, to be paid in a lump sum once a year. Applies to the teacher salary schedule enacted for the 2019-20 and subsequent fiscal years.
Appropriates $110,100,000 in recurring funds from the General Fund to the Department of Public Instruction to restore longevity pay.
Effective July 1, 2019.
| Intro. by Graham, Clemmons, Hunter, Pierce. | APPROP, UNCODIFIED |
Amends GS 115C-12 to require that the annual report card for each local school administrative unit include numerical school achievement and school growth performance scores on a scale of 0-100 and a separate corresponding performance letter grade of A-F for both the school achievement and school growth earned by each school within the unit.
Amends GS 115C-83.15 to require that for all schools, the score for school achievement and the score for growth each be converted to a 100-point scale and used to determine two separate school performance grades, one for school achievement and one for school growth. Maintains the previous scores and corresponding letter grades. Makes additional conforming changes through the statute to make provisions that applied to performance scores now apply to achievement and school growth scores.
Amends GS 115C-83.17 by defining school performance grades as the letter grades earned by a school for achievement and growth for all students served by a school. Defines school performance scores as the numerical scores earned by a school for achievement and growth that are converted to a 100-point scale. Defines subgroup performance grades as the letter grades earned by a school for achievement and growth for a subgroup of students served by the school. Defines subgroup performance scores as the numerical scores earned by a school for subgroup achievement and subgroup growth that are converted to a 100-point scale.
Makes additional conforming changes.
Applies to school performance grades and report cards issued based on data from the 2018-19 school year.
Part I.
Amends GS 108A-57, concerning subrogation rights and withholding of information, as follows. Defines beneficiary, as it is used in the statute, to mean (1) the beneficiary of medical assistance, including a minor beneficiary; (2) the medical assistance beneficiary's parent, legal guardian, or personal representative; (3) the medical assistance beneficiary's heirs; and (4) the administrator or executor of the medical assistance beneficiary's estate. Makes conforming changes. Requires that any claim (was, a personal injury or wrongful death) brought by a medical assistance beneficiary against a third party include a claim for all medical assistance payments for health care items or services furnished to the medical assistance beneficiary as a result of the injury or action. Adds that if the beneficiary has claims against more than one third party related to the same injury, then any amount received in payment of the Medicaid claim related to that injury reduces the total balance of the Medicaid claim applicable to subsequent recoveries related to that injury. Requires the court to hold an evidentiary hearing no sooner than 60 (was, 30) days when a beneficiary disputes the presumptions in the statute. Makes additional clarifying changes.
Part II.
Amends GS 110-139 to add electronic communications or internet service providers to those entities who must provide the Department of Health and Human Services (DHHS) with specified information when it is needed to locate a parent for the purpose of collecting child support or to establish or enforce an order for child support. Makes conforming changes.
Part III.
Amends GS 122C-80 to require child care institutions, as defined by Title IV-E of the Social Security Act, to condition offers of employment on consent to a criminal history record check. Requires that criminal history record check requests made under the statute to be submitted to the NC State Bureau of Investigation instead of the Department of Public Safety (DPS) and makes conforming changes. No longer specifies the time frame for returning the results to the provider. Adds that if the licensed provider is a child-care institution, as defined by Title IV-E of the Social Security Act, then the offer of employment to fill a position that does not require an occupational license is conditioned on a check of the North Carolina Sex Offender Registry and consent to check the North Carolina Responsible Individuals List. Makes conforming changes to GS 131A-10.3A, containing mandatory criminal checks. Allows the denial, revocation, suspension, or provisional status for child care licenses for violations of these requirements.
Amends GS 131D-10.6 to give DHHS the power to grant, deny, suspend, or revoke a license or provisional license in accordance with Article 1A (Control over Child Placing and Child Care).
Amends GS 143B-932 to allow DPS to provide child care institutions with criminal record checks. Adds that DPS, when requested, must provide any child-care institution, as defined under Title IV-E of the Social Security Act, with the criminal history from the State and National Repositories of Criminal Histories for any person working or seeking employment with the institution. Specifies information that must be given to DPS and sets out related procedures. Sets out confidentiality requirements.
Part IV.
Amends GS 143-548 to change the Vocational Rehabilitation Council to the Vocational State Rehabilitation Council and provides that it is in support of the Division of Vocational Rehabilitation Services instead of housing it therein.
Part V.
Amends GS 90-288.14 by amending the conditions that must be met for certification as an assisted living administrator by adding that the applicant does not have a substantiated finding of neglect, abuse, misappropriation of property, diversion of drugs, or fraud listed on the Health Care Personnel Registry. Makes additional clarifying changes.
Part VI.
Amends the definitions that apply in GS Chapter 122C (the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985). Amends the criteria that must be met to be defined as having a developmental disability. Adds and defines the terms security recordings and traumatic brain injury.
Enacts new GS 122C-56.1 providing that state a facility is not required to disclose its security recordings to a client or to the client's next of kin or legally responsible person unless disclosure is required under federal law or compelled by a court.
Amends GS 122C-171 by removing the ability of the Council of Community Programs to appoint members to the State Consumer and family Advisory Committee and making conforming changes. Makes additional change to the geographical requirements for appointees.
Repeals GS Chapter 90 Article 32, which concerns Employee Assistance Professionals.
Provides that members of the State Consumer and Family Advisory Committee who were appointed by the Council of Community Programs shall serve out the remainder of their terms. As the current terms expire, each of the appointing authorities must take turns making an additional appointment to achieve conformity with GS 122C-171(b), as amended by this act.
Reenacts GS 105-164.14(c)(2b) and (2c), restoring the state sales tax refund for schools. Amends GS 105-467 by making conforming changes. Repeals GS 105-164.44H, which required the Secretary of Revenue to quarterly transfer from the State sales and use tax net collections to the State Treasurer for the State Public School Fund, one-fourth of the amount transferred the preceding fiscal year plus or minus the percentage of that amount by which the total collection of State sales and use taxes increased or decreased during the preceding fiscal year. Effective July 1, 2019.
Amends GS 105B-1 to exempt from rule making the State Board of Education in administering the provisions of GS Chapter 115C, Article 17E (Licensure). Makes conforming changes to GS 115C-2.
Amends SL 2018-114, Section 27, by extending by one year the State Board of Education’s deadline for adopting permanent rules for any of its policies that were deemed interim rules under the Section.
Amends GS 115C-105.25 to expand the allowable uses for funds allotted for textbooks and digital resources to include acquiring not only textbooks but also: (1) other digital resources to be used in the learning process and (2) electronic equipment used to access technology-based programs and digital resources. Makes conforming changes to SL 2015-241, Section 8.18, by similarly expanding the allowable uses for funds within the Textbooks and Digital Resources funding allotment. Effective July l, 2019.
Amends GS 115C-301 to require that the average class size for kindergarten through third grade in a local school administrative unit shall not (was, shall at no time) exceed the funded allotment ratio of teachers to students in kindergarten through third grade at the end of the second school month and for the remainder of the school year. Additionally, at the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed the allotment ratio by more than three students. Makes conforming changes to SL 2018-2, Section 2. Amends the circumstances under which a waiver may be granted to include: (1) inadequate classroom space or facilities that would require a facility expansion or relocation (was, emergencies or acts of God that impact the availability of classroom space or facilities) and (2) a shortage of qualified, licensed teachers available to teach in the grade level for the number of classes required at the school. Effective July 1, 2019.
As title indicates.
| Intro. by McElraft, Howard, Cleveland, Farmer-Butterfield. | JOINT RES |
Confirms Governor's appointment as title indicates for the term specified.
| Intro. by Lewis. | JOINT RES |
Confirms the Governor's appointment as title indicates for the term specified.
| Intro. by Lewis. | JOINT RES |
Includes whereas clauses.
Confirms the Governor's appointment as title indicates for the term specified.
| Intro. by Lewis. | JOINT RES |
The Daily Bulletin: 2019-02-28
AN ACT TO RESTORE THE NUMBER OF JUDGES ON THE NORTH CAROLINA COURT OF APPEALS TO FIFTEEN. Enacted February 27, 2019. Effective February 27, 2019.
| Intro. by Hise, Daniel, Bishop. | GS 7A |
Amends GS 120-11.1 to restrict the number of days the General Assembly may meet to (1) 135 calendar days in odd-numbered years, with one allowable extension of 10 calendar days by joint resolution and (2) 60 calendar days in even-numbered years, with one allowable extension of 10 calendar days by joint resolution. Excludes reconvened sessions under Article III, Section 5, of the North Carolina Constitution from the time calculation. Prohibits actions other than ratification of bills and adjournment after these time limits have expired.
| Intro. by Chaudhuri, Tillman, Marcus. | GS 120 |
Amends Section 8.3(a), SL 2018-5, which provides a schedule for principal bonuses ranging from $1,000 to $10,000 for the 2018-19 fiscal year based on the statewide percentage growth of the school during the previous year, up to the top 50% of school growth. Further, the law qualifies eligible principals for twice the bonus amount if the principal supervised a school with an overall performance grade of D or F for the majority of the 2017-18 school year. Expands the qualifications for the double bonus to eligible principals who supervised a school with an overall school performance grade of D or F for a majority of the 2016-17 school year so long as the principal also supervised the school for a majority of the 2017-18 school year.
Deems a bonus provided under this provision to be an additional payment of the bonus the principal received pursuant to Section 8.3, SL 2018-5, and not a new, separate, or second bonus under that provision. Requires bonus payments be paid by the Department of Public Instruction no later than May 31, 2019, to qualifying principals employed as of October 1, 2018.
| Intro. by Tillman, Ballard, Horner. | UNCODIFIED |
Enacts new GS 145-52, as title indicates.
| Intro. by Hise. | GS 145 |
Identical to H 252, filed 2/28/19.
As title indicates.
| Intro. by Brown, D. Davis, Sanderson. | JOINT RES |
Includes whereas clauses.
Confirms Governor's reappointment as title indicates for the specified term.
| Intro. by Brown, Edwards. | JOINT RES |
The Daily Bulletin: 2019-02-28
Applicable to Pitt County only, enacts GS 132-1.15 to exclude from public records personally identifiable information held by the county animal services agency related to an individual who has voluntarily surrendered ownership of an animal to an animal shelter or an individual who has adopted or is fostering a shelter animal. Makes the name of the animal rescue organization with which the county animal control service places an animal a public record. Allows for the disclosure or nondisclosure of information that is not a public record at the county's discretion.
| Intro. by K. Smith, Humphrey. | Pitt |
Authorizes the City of Albermarle to use qualified labor on the permanent payroll of the City for work related to the construction of a business center. Exempts the work from the dollar limitations of GS 143-125 and the provisions of Article 8, GS Chapter 143, concerning public contracts. Requires compliance with the provisions of GS 143-129, which requires bidding for the purchase of apparatus, supplies, materials, and equipment.
| Intro. by Sasser, Goodman. | Stanly |
The Daily Bulletin: 2019-02-28
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided. Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
Amends GS 115C-84.2(d) as the title indicates. Allows Cumberland County Schools to open as early as ten days prior to the Monday closest to August 26 (currently, no earlier than the Monday closest to August 26), excluding year-round schools. Deletes the provisions of subsection (d) concerning waiver of the calendar requirements upon a showing of good cause.
Applies beginning with the 2019-20 school year.
| Intro. by deViere, Clark. | Cumberland |
Actions on Bills: 2019-02-28
H 3: EMINENT DOMAIN.
H 32: COLLABORATIVE LAW.
H 33: ADJUST GSC MEMBERSHIP.
H 180: STATE BENEFITS/PENSION REVISIONS.-AB
H 188: RETIREMENT ADMINISTRATIVE CHANGES 2019.-AB
H 198: HUMAN TRAFFICKING COMMISSION RECOMMENDATIONS.-AB
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)
H 208: CREDIT FOR DONATING DEER MEAT.
H 209: PROHIBIT ED. FUNDS ALLOCATED BY TIER.
H 211: VARIOUS DMV CHANGES.-AB
H 212: BREAK OR ENTER PHARMACY/INCREASE PENALTY.
H 213: EQUAL TAX TREATMENT OF GOV'T RETIREES.
H 214: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2019.-AB
H 215: JUSTICE FOR RURAL CITIZENS ACT.
H 216: SCHOOL SELF-DEFENSE ACT.
H 217: DIT CHANGES.-AB
H 218: BROADCAST NC HOUSE OF REPS SESSIONS.
H 219: NAIC ACCREDITATION AMENDMENTS.-AB
H 220: INSURANCE TECHNICAL CHANGES.-AB
H 221: RATE-MAKING AMENDMENTS.-AB
H 222: MODIFY CRIM PENALTIES/NAIC FRAUD ACT-AB. (NEW)
H 223: LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES.
H 224: ASSAULT W/ FIREARM ON LEO/INCREASE PUNISHMENT.
H 225: PROTECT GOVERNMENTAL ACCOUNTABILITY.
H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)
H 227: FUNDS FOR HIGHWAY CAMERAS STORAGE.
H 238: REINSTATE EARNED INCOME TAX CREDIT.
H 241: EDUCATION BOND ACT OF 2019.
H 242: DISPLACED PRECINCT OFFICIALS/NATURAL DISASTER.
H 243: STATE HUMAN RESOURCES ACT AMENDMENTS.-AB
H 244: CONTRACTOR/SUBCONTRACTOR COMPLIANCE.
H 245: DEQ/POLICY CHANGES.-AB
H 246: DEQ/FUND AND FEE CHANGES.-AB
H 247: CHANGE RFP FOR DMV HQ.
H 248: RESTORE LONGEVITY FOR TEACHERS.
H 249: SCHOOL ANNUAL REPORT CARD.
H 250: DEPARTMENT OF HEALTH & HUMAN SVCS. REVISIONS.-AB
H 251: STATE BD. OF ED./EDUCATION CHANGES.-AB
H 252: HONOR WALTER B. JONES, JR., FORMER MEMBER.
H 253: CONFIRM JAMES GILLEN/INDUSTRIAL COMMISSION.
H 254: CONFIRM KEN GOODMAN/INDUSTRIAL COMMISSION.
H 255: CONFIRM LOUIS BLEDSOE/SP. SUPERIOR CT. JUDGE.
S 56: REVENUE LAWS TECHNICAL CHANGES.
S 61: COMMUNITY COLLEGES BUDGET/2019-2021 BIENNIUM. (NEW)
S 68: RELOCATION OF WATER/SEWER LINE COSTS.
S 86: SMALL BUSINESS HEALTHCARE ACT.
S 141: NAIC ACCREDITATION AMENDMENTS.-AB
S 151: BREAK OR ENTER PHARMACY/INCREASE PENALTY.
S 154: AUTHORIZE SPORTS/HORSE RACE WAGERING TRIBAL LANDS. (NEW)
S 155: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.
S 156: SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)
S 157: BRIDGE TO RECOVERY FUNDING.
S 158: EXPAND ELIGIBILITY FOR UTILITY ACCOUNT.
S 159: RICHMOND CC/MULTICAMPUS FUNDS.
S 160: LIFE CHANGING EXPERIENCES SCH. PILOT PROGRAM.
S 161: ENACT THE NORTH CAROLINA CAREGIVERS ACT.
S 162: LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES.
S 163: REQUIRE PARENTAL NOTIFICATION FOR DNR ORDERS.
S 165: OFF-TRACK PARI-MUTUEL BETTING.
S 167: HEALTHY MOTHER HEALTHY CHILD.
S 168: DHHS & OTHER REVISIONS. (NEW)
S 169: LIMIT SESSION LENGTH.
S 170: EXPAND PRINCIPAL BONUS MULTIPLIER ELIGIBILITY.-AB
S 172: ADOPT OFFICIAL STATE GOLD FESTIVAL.
S 173: HONOR WALTER B. JONES, JR., FORMER MEMBER.
S 174: CONFIRM RAYMOND GRACE/BANKING COMMISSIONER.
Actions on Bills: 2019-02-28
H 72: SUPPORT MULTIPLE RECESSES FOR LINCOLN CO SCHL.
H 204: TOWN OF BEAUFORT/ANNEXATION. (NEW)
H 207: SCHOOL CALENDAR FLEX/WEATHER/CERTAIN COUNTIES.
H 210: SCHOOL CALENDAR FLEX/ORANGE CO. BOARDS OF ED.
H 239: PITT COUNTY ANIMAL CONTROL RECORDS.
H 240: ALBEMARLE/CITY LABOR FOR BUSINESS CTR.
S 153: 4TH SENATORIAL DISTRICT LOCAL ACT-1.
S 164: EDGECOMBE/HALIFAX-COMMUNICATIONS SERVICE.
S 166: GREENSBORO/SMALL BUSINESS ENTERPRISE.
S 171: SCHOOL CALENDAR FLEXIBILITY/CUMBERLAND COUNTY.
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