The Daily Bulletin: 2019-03-12

Printer-friendly: Click to view

The Daily Bulletin: 2019-03-12

PUBLIC/HOUSE BILLS
H 49 (2019-2020) RESPONSIBLE DEER MANAGEMENT ACT. Filed Feb 12 2019, AN ACT TO MODIFY THE PROCEDURE FOR OBTAINING A DEPREDATION PERMIT FOR DEER AND TO IMPOSE A DUTY TO AVOID WANTON WASTE ON PERSONS TAKING DEER DUE TO CROP DEPREDATION.

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

Amends the act's long title.

Amends the proposed changes concerning depredation permits issued by the Wildlife Resources Commission (Commission), set out in GS 113-274(c)(1a). Modifies the proposed changes concerning property owners and lessees, now making daily and season bag limits apply to property owners or lessees of property who lease property for purposes of agriculture hunting upon the property (previously, made bag and season limits apply to property owners or lessees taking wildlife while hunting upon the property). Makes conforming and clarifying changes. 

Intro. by Pittman, Sasser.GS 113
H 70 (2019-2020) DELAY NC HEALTHCONNEX FOR CERTAIN PROVIDERS. Filed Feb 13 2019, AN ACT EXTENDING THE DEADLINES BY WHICH CERTAIN PROVIDERS ARE REQUIRED TO CONNECT TO AND PARTICIPATE IN NORTH CAROLINA'S HEALTH INFORMATION EXCHANGE NETWORK KNOWN AS NC HEALTHCONNEX AND EXPANDING THE MEMBERSHIP OF THE NORTH CAROLINA HEALTH INFORMATION EXCHANGE ADVISORY BOARD.

House committee substitute to the 1st edition makes the following changes. Deletes the proposed changes to GS 90-414.4 and instead makes the following changes. 

Amends the findings in GS 90-414.4 to also refer to the access to demographic and clinical information by covered entities, in addition to the State. Under current law, GS 90-414.4(a1), deadlines are given to certain providers by which each must begin participation in North Carolina's Health Information Exchange (HIE) Network, ranging from June 1, 2018, to June 1, 2021. Amends the statute to extend the mandatory deadline to begin submitting demographic data from June 1, 2019, to June 1, 2020. Requires that licensed physicians whose primary area of practice is psychiatry to begin submitting demographic and clinical data by June 1, 2021, instead of June 1, 2018. Specifies that the June 1, 2018, start date for providing demographic and clinical data applies to the specified providers of Medicaid services licensed to operate in the State (previously did not require licensure in the State) that have an electronic health record system and specifies that the demographic and clinical data is the minimum of what is to be submitted. Adds that upon implementation of an electronic health record system or other technology solution enabling connectivity to the HIE Network, the following must begin submitting demographic and clinical data by June 1 of the following fiscal year: State healthcare facilities operated by the Secretary of the Department of Health and Human Services (DHHS), including specified types of facilities, and the State Laboratory of Public Health operated by DHHS. Makes conforming changes. Prohibits granting an extension for connecting to the network that would result in connecting to the HIE Network and commencing data submission later than June 1, 2021 (was, June 1, 2020). 

Adds the requirement that DHHS, in consultation with the Department of Information Technology, establish a process to grant exemptions to Medicaid providers and other State-funded health care services for whom acquiring and implementing an electronic health record system and connection to the HIE network would be an undue hardship. Set out factors to consider when determining whether to grant such an exemption as well as requirements for requesting the exemption.

Adds that ten specified categories of providers who provide services to Medicaid and other State-funded health care program beneficiaries who receive Medicaid or other State funds  are not required to connect to the HIE Network or submit data, but may do so voluntarily. 

Makes all data submitted to or through the HIE Network containing protected health information or personally identifying information that is in the possession of a State agency confidential and not a public record.

Amends GS 90-414.8 by increasing the membership of the North Carolina Health Information Exchange Advisory Board from 12 to 14 members with an additional member appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House, according to the specifically required credentials. Makes all four ex offico members voting members. 

Corrects a statutory cross-reference in GS 90-414.10. 

Makes conforming changes to the act's long title. 

Intro. by Dobson, White, Murphy, Lambeth.GS 90
H 131 (2019-2020) REPEAL MAP ACT. Filed Feb 20 2019, AN ACT TO REPEAL THE TRANSPORTATION CORRIDOR OFFICIAL MAP ACT.

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

Amends GS 47-30(l), which provides exemptions from the statute's mapping requirements for the registration of certain plats and subdivisions, to provide that the statute does not apply to the registration of highway right-of-way plans of plats acquired by the North Carolina Turnpike Authority as provided for in GS 136-89.184 (this provision was deleted in the 1st edition). 

Amends the act's effective date provision to make the act effective when it becomes law, removing the provision specifying that the act is applicable to maps filed on or after the date the act becomes law. 

Intro. by Conrad, Lambeth, Potts, Torbett.GS 47, GS 136, GS 160A, GS 161
H 144 (2019-2020) HANDS FREE NC. Filed Feb 21 2019, AN ACT MAKING IT UNLAWFUL TO OPERATE A VEHICLE ON A PUBLIC STREET, HIGHWAY, OR PUBLIC VEHICULAR AREA WHILE ENGAGING IN DISTRACTED BEHAVIOR.

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

Amends proposed GS 20-137.3A as follows. Deletes the definition of motor vehicle, adds and defines the term school bus, and specifies that the term texting refers to manually entering text into, or reading text from, a wireless communication device. Adds a prohibition on people under age 18 from operating a vehicle while using a wireless communication device except (1) to follow the route recommend by a navigation system, if the address information is entered before operating the vehicle and (2) as provided in (d)(1) of the statute which allows for the use of a wireless communication device to communicate an emergency to the specified entities. Makes conforming changes.

Extends the exceptions to the prohibited conduct to allow for the use of a wireless communication device by (1) the operator of a vehicle registered to a public utility or communications service provider when the operator is employed by the utility or service provider using the device to carry out official duties or (2) an amateur radio operator responding to an emergency situation. Deletes the exception to the prohibition on operating a motor vehicle while a wireless communication device is in the person's hand or while physically holding or supporting a wireless communication device with the person's body, in instances when the device is affixed, mounted, or installed in the vehicle and used to handle a call by touching a single button if the person is 18 years or older or used to follow an electronic navigation system when the address information is entered before operation of the vehicle.

Adds that nothing in the statute prohibits the use of equipment installed by the manufacturer and integrated into the vehicle by any person while operating a motor vehicle.

Adds a new penalty for a person who violates the statute while operating a school bus, making the person subject to the already stated penalties but making the violation a Class 2 misdemeanor instead of an infraction. Makes additional clarifying and conforming changes to the penalties. 

Makes conforming changes to proposed GS 58-36-75(i).

Amends GS 20-11 as follows. Prohibits limited learner's permit holders and limited provisional license holders from using a wireless communication devices while operating a motor vehicle (was, prohibits the use of a mobile telephone or other additional technology associated with a mobile telephone). Amends the criteria to be met in order to obtain such permits and licenses to require that the individual have not been convicted of a violation of new GS 20-137.3A (was, a violation of GS 20-137.3, which makes it unlawful for a person under age 18 to use a mobile phone while driving). Makes additional conforming changes. Makes the failure to comply with restrictions regarding the use of a wireless communication device while operating a motor vehicle an infraction punishable under GS 20-137.3A (was, failure to comply with the restriction regarding the use of a mobile phone while operating a motor vehicle in an infraction punishable by a $25 fine). 

Intro. by Corbin, Torbett, Hardister, Pierce.GS 20, GS 58
H 208 (2019-2020) CREDIT FOR DONATING DEER MEAT. Filed Feb 27 2019, AN ACT TO PROVIDE A TAX CREDIT FOR DONATING AND PROCESSING OF DEER MEAT FOR DONATION TO CHARITABLE ORGANIZATIONS.

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

Amends proposed GS 105-153.11 concerning establishing a tax credit for donating deer meat. Regarding tax credit eligibility under the proposed statute for a meat processor contracting with a nonprofit to process legally harvested deer for donation to that nonprofit, specifies that the nonprofit organization must be engaged in distributing food to the needy. 

Intro. by Lucas, Cleveland.GS 105
H 211 (2019-2020) VARIOUS DMV CHANGES.-AB Filed Feb 27 2019, AN ACT TO MAKE VARIOUS CHANGES TO MOTOR VEHICLE LAWS OF THE STATE.

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

Adds a new section amending GS 20-311 regarding actions the Division of Motor Vehicles (DMV) can take upon notification of an owner's lapse in financial responsibility for the operation of their vehicle. Waives the penalty or restoration fee following a lapse for owners who have become a resident of another state and registered the vehicle in that state within 30 days of the cancellation or expiration of the owner's vehicle liability policy in North Carolina. Requires that the owner have submitted a copy of their current registration card to the DMV and returned the North Carolina registration plate or submitted an affidavit indicating the plate is lost, stolen, or destroyed to qualify for the waiver. 

Intro. by Shepard.GS 20
H 250 (2019-2020) DEPARTMENT OF HEALTH & HUMAN SVCS. REVISIONS.-AB Filed Feb 28 2019, AN ACT AMENDING STATUTES PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ENSURE COMPLIANCE WITH FEDERAL LAWS AND TO MAKE TECHNICAL CHANGES AND OTHER MODIFICATIONS TO STATUTES PERTAINING TO MEDICAID, CHILD SUPPORT, VOCATIONAL REHABILITATION, ASSISTED LIVING, THE STATE CONSUMER AND FAMILY ADVISORY COMMITTEE, EMPLOYEE ASSISTANCE PROFESSIONALS, ADOPTIONS, AND CHILD ABUSE AND NEGLECT.

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

Changes the act's long title. 

Deletes all proposed changes in previous Part III, which amended GS 122C-80, GS 131D-10.3A, GS 131D-10.6, and GS 143B-932 to require criminal record checks of employees of child care institutions. 

Deletes the proposed changes to GS 122C-3, which modified the definition of developmental disability and added security recordings and traumatic brain injury to the defined terms. 

Deletes proposed GS 122C-56.1, which provided that a state 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.

Makes clarifying changes to Section 5.1(b) (previously, Section 6.3(b)), concerning the terms and appointment of State Consumer and Family Advisory Committee members notwithstanding the proposed changes to GS 122C-171 regarding the same. 

Makes organizational change to the act, placing the repeal of Article 32, GS Chapter 90 (Employee Assistance Professionals) in its own Part.

Adds a new Part, amending GS 48-3-303 to make organizational changes to the preplacement assessment report of a prospective adoptive parent prior to the placement of a minor, moving an individual's date of birth to be included with the individual's physical and mental health rather than with the individual's nationality, race, ethnicity and religious preference. Removes nationality, race, ethnicity, and religious preference from the information in the preplacement assessment report the agency must review and evaluate to determine the individuals's strengths and needs (was, strengths and weaknesses) to be an adoptive parent. 

Adds another new Part, amending GS 7B-309, adding persons providing information or assistance to those granted immunity for reporting and cooperating in a protective services assessment. Specifies that providing information or assistance includes medical evaluations or consultation in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect. Makes clarifying and technical changes. Effective July 1, 2019.

Makes conforming organizational and clarifying changes to the act. 

Intro. by Dobson, Lambeth, Potts, Black.GS 7B, GS 48, GS 90, GS 108A, GS 110, GS 122C, GS 143
H 332 (2019-2020) TO INCREASE JURY DUTY RATE OF PAY. Filed Mar 12 2019, AN ACT TO INCREASE THE RATE OF PAY FOR NORTH CAROLINA JURORS.

Amends GS 7A-312 to increase the pay for jurors as follows. Increases the pay for service as a petit juror or a coroner's juror from $12 to $20 for the first day of service; from $20 to $30 per day afterwards; and from $40 to $50 per day for each day of service in excess of five days when serving more than five days in a 24-month period. Increases the pay for grand jurors from $20 to $30 per day. Effective July 1, 2019. 

Intro. by Floyd.GS 7A
H 333 (2019-2020) LRP PLATES/FINE COLLECTION. Filed Mar 12 2019, AN ACT TO AUTHORIZE THE ISSUANCE OF A LIMITED REGISTRATION PLATE NOTWITHSTANDING CIVIL PENALTIES, FEES, TOLLS, AND OBLIGATIONS OWED.

Amends GS 20-50.4, which prohibits the Division of Motor Vehicles (DMV) from registering a vehicle to an owner upon receipt of a report from a child support enforcement agency that sanctions have been imposed for noncompliance pursuant to GS 110-142.2(a)(3) until the DMV receives certification that the payments are no longer considered delinquent. Authorizes licensed dealers to obtain a limited registration plate pursuant to GS 20-79.1A on behalf of a person purchasing a vehicle, notwithstanding the delinquent child support obligations. 

Adds identical authorizations for licensed dealers to obtain a limited registration plate on behalf of a person purchasing a vehicle, notwithstanding obligations owed, to GS 20-54(6), (10), (11), (12), and (13), which prohibit the DMV from issuing vehicle registration or titles, or transfer registration for: (1) vehicles not in compliance with vehicle inspection requirements or unpaid outstanding related penalties; (2) owners with outstanding tolls, fees, or penalties assessed by the NC Turnpike Authority; (3) owners with outstanding fines or penalties resulting from failure to stop for a school bus; (4) owners with outstanding fees or penalties resulting from a lapse in financial responsibility for the operation of the vehicle; and (5) owners with outstanding fees or penalties resulting from violations of vehicle size, weight, construction, and equipment restrictions. 

Amends GS 20-79.1A, concerning criteria for the issuance of a limited registration plate. Adds a new requirement for a dealer to notify the purchaser of any outstanding civil penalties, fees, tolls, and obligations owed before the dealer applies for a title to a motor vehicle and a registration plate for the vehicle. 

Intro. by Jones, D. Hall, Saine.GS 20
H 334 (2019-2020) NCSU HONEY BEE LABORATORY/FUNDS. Filed Mar 12 2019, AN ACT TO SUPPORT THE CONSTRUCTION AND OPERATION OF A NEW FIELD HONEY BEE LABORATORY FOR THE NORTH CAROLINA STATE UNIVERSITY HONEY BEE RESEARCH PROGRAM.

Includes whereas clauses. Appropriates from the General Fund to the UNC Board of Governors $2 million in nonrecurring funds for the 2019-20 fiscal year to be allocated to NCSU for the equipment costs and construction of a new Field Honey Bee Laboratory. Further appropriates $150,000 in recurring funds for the 2020-21 fiscal year to support the Laboratory’s operation. Requires the funds to be used by the NCSU Honey Bee Research program to address the challenges posed by declining colonies. Reallocates $15,000 in recurring funds appropriated from the General Fund to the Department of Agriculture for honey bee pest control for the 2020-21 fiscal year to the Board of Governors to be allocated to NCSU’s entomology department. Effective July 1, 2019.

Intro. by McGrady, Setzer, Harrison, Ager.APPROP
H 335 (2019-2020) REDUCE WAITLIST FOR HCCBG SERVICES/FUNDS. Filed Mar 12 2019, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF AGING AND ADULT SERVICES, TO REDUCE THE WAITLIST FOR HOME AND COMMUNITY CARE BLOCK GRANT SERVICES STATEWIDE.

Appropriates $7 million for 2019-20 and $7 million for 2020-21 in recurring funds from the General Fund to the Department of Health and Human Services, Division of Aging and Adult Services, to be used as title indicates. Effective July 1, 2019.

Intro. by White, Dobson, Potts.APPROP
H 337 (2019-2020) CHANGE SALVAGE VEHICLE TRANSFER REQUIREMENTS. Filed Mar 12 2019, AN ACT TO AMEND LAWS GOVERNING THE TRANSFER OF SALVAGE VEHICLES BY REMOVING NOTARY REQUIREMENTS, PERMITTING ELECTRONIC SIGNATURES, AND ALLOWING ACCESS TO DIVISION OF MOTOR VEHICLE SYSTEMS FOR SALVAGE VEHICLE TITLE PROCESSING.

Makes the following changes to GS 20-109.1 concerning the surrender of salvage vehicle certificates of title. Adds to subdivision (b)(1) regarding the assignment of a salvage vehicle's title by the owner to the insurer upon payment of the claim if the owner does not want to keep the vehicle. Exempts specified title transfers, applications, and affidavits related to the assignment from notarization requirements, including notarization of electronic signature requirements. Limits the scope of subdivision (b)(2), regarding an insurer's right to request from the DMV a form to use to transfer a salvage vehicle from the insurer to a person who buys the vehicle if a salvage owner fails to assign and deliver the title within 30 days of payment of the claim pursuant to subdivision (b)(1), to when the most recent certificate of title for the vehicle was issued by the State. 

Enacts new subdivision (b)(3), providing for an insurer to request the Division of Motor Vehicles (DMV) send a form to use to transfer title to a salvage vehicle from the insurer to a person who buys the vehicle from the insurer if the salvage owner fails to assign and deliver the vehicle's certificate of title to the insurer within 30 days of payment of the claim pursuant to subdivision (b)(1) (similar to existing subdivision(b)(2)). Limits the new subdivision's application to when the most recent certificate of title was issued in another state; the vehicle records of the issuing jurisdiction indicate there are no recorded liens against the vehicle; and the vehicle was damaged, stolen, or recovered in this State and owned by a State resident immediately prior to payment of the claim by the insurer, or as otherwise permitted by the DMV. Details parameters regarding proof of payment of the claim and proof of notice to the owner requesting the vehicle's certificate of title. Deems the title assigned to the insurer upon the DMV's receipt of the request. Sets requirements for when the insurer sells the vehicle or a buyer rebuilds the vehicle. 

Amends GS 20-52, allowing for an application for a salvage certificate of title to be submitted with an electronic signature in accordance with Article 40, GS Chapter 66. Makes conforming changes to GS 20-63. Further amends GS 20-63 to include the completion and filing of documents required for the issuance of a salvage certificate of title or its duplicate in the required contract between the DMV and at least two online vehicle registration vendors that can contract with dealers to complete and file DMV required documents for titles and registrations. Specifies that the dealer transactions authorized include submissions to the DMV on behalf of insurers pursuant to GS 20-109.1, as amended.

Adds transfers to an insurer pursuant to new GS 20-109.1(b)(3) to those exempt from the notarization requirements for title assignments and transfers in GS 20-72(b). Additionally, exempts any transfer of title to or from an insurer pursuant to GS 20-109.1, as amended, from the subsection's requirement that an assignment and warranty of title be executed in the presence of a notary. Adds titles of salvage vehicles transferred pursuant to new GS 20-109.1(b)(3) to those not required to be forwarded to the DMV. 

Amends GS 20-75, removing the requirement for an insurance company to execute a reassignment and warranty of title in the presence of a notary. Adds titles of salvage vehicles transferred pursuant to new GS 20-109.1(b)(3) to those not required to be forwarded to the DMV. 

Makes conforming changes to GS 20-78(a), regarding issuance of a salvage certificate of title.

Amends GS 20-85, removing the fee for applications for a salvage certificate of title made by an insurer pursuant to GS 20-109.1(b)(2).

Effective October 1, 2019.

Intro. by Torbett, Lewis.GS 20
H 338 (2019-2020) COLTRANE JAZZ & BLUES FESTIVAL/FUNDS. Filed Mar 12 2019, AN ACT TO APPROPRIATE FUNDS FOR THE JOHN COLTRANE INTERNATIONAL JAZZ AND BLUES FESTIVAL.

Appropriates $500,000 for 2019-20 and $500,000 2020-21 from the General Fund to the Friends of John Coltrane Inc. as title indicates. Effective July 1, 2019.

Intro. by Brockman, Faircloth, Hardister, Quick.APPROP
H 339 (2019-2020) BROADEN SALES TAX EXEMPTION FOR FARMERS. Filed Mar 12 2019, AN ACT TO LOWER THE INCOME REQUIREMENT FOR QUALIFYING FARMERS FOR PURPOSES OF THE SALES TAX EXEMPTION FOR FARMERS.

Amends GS 105-164.13E to lower the amount of income from farming operations (from $10,000 to $7,500) that is required in order for farmers to qualify for the sales tax exemption. Applies to exemption certificates made on or after July 1, 2020.

Intro. by Goodwin, Strickland, Dixon, Riddell.GS 105
H 340 (2019-2020) AMEND APPT FOR COMPACT ON EDUCATION/MILITARY. Filed Mar 12 2019, AN ACT TO CREATE AN EMPLOYMENT PREFERENCE FOR ELIGIBLE MEMBERS OF THE NATIONAL GUARD.

Amends GS 115C-407.7 to no longer require that the Governor's appointee as compact commissioner for the Interstate Compact on Educational Opportunity for Military Children be a licensed North Carolina attorney, but retains the requirements that the appointee represent at least one local board of education with a high concentration of military children. 

Intro. by Martin, Cleveland, Bell.GS 115C
H 341 (2019-2020) NORTH CAROLINA SUNSHINE ACT. Filed Mar 12 2019, AN ACT TO INCREASE TRANSPARENCY AND PREDICTABILITY REGARDING THE PROCEDURES OF THE GENERAL ASSEMBLY.

Enacts Article 37 of GS Chapter 120, titled General Assembly Transparency Act. Sets outs legislative findings and defined terms. Requires all sessions of the Senate and House be broadcast live by streaming video over the Internet, archived, and available for replay by the public. Requires all official committee meetings be broadcast and archived in the same manner unless specifically identified as exempt in GS 143-218.18 from the requirements for meetings of public bodies set out in Article 33C, Chapter 143. Prohibits any bill from receiving a second or third reading in either chamber or being taken up for consideration by any committee unless the bill appeared on the calendar or agenda published by the principal clerk or committee clerk at least 24 hours in advance or two-thirds vote of the members of the house or committee present and voting waive the requirement. Prohibits either chamber, both chambers meeting jointly, and committees from holding session or official committee meetings before 7:00 a.m. or after 9:00 p.m. unless two-thirds of members present and voting waive the requirement. Requires a bill's long title to adequately and fairly reflect its subject matter. Prohibits a public bill from containing more than one subject, with the exception of the budget, unless two-thirds of the members of a chamber present and voting approve by motion. Prohibits either chamber or both chambers meeting jointly from considering an amendment, a committee substitute, a conference report, or a conference committee substitute that is not germane to the long title of the bill's First Edition, unless waived by two-thirds of the members of the chamber present and voting. Prohibits a committee from considering an amendment of a committee substitute that is not germane to the long title of the bill's First Edition, unless waived by two-thirds of the members of the committee present and voting. Requires every special provision contained in the budget to indicate the member(s) who requested the provision. Defines the scope of the Article to include regular sessions and extra sessions of the General Assembly.

Intro. by Russell, Ager, Morey, Quick.GS 120
H 342 (2019-2020) STRENGTHEN HUMAN TRAFFICKING LAWS. Filed Mar 12 2019, AN ACT TO STRENGTHEN THE HUMAN TRAFFICKING LAWS.

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. Applies to offenses committed on or after December 1, 2019.

Amends GS 14-205.1, establishing that mistake of age or consent of a minor are not defenses to prosecution for solicitation of prostitution. Applies to offenses committed on or after December 1, 2019.

Amends GS 14-190.16, increasing the offenses of first degree sexual exploitation of a minor from a Class C felony to a Class B2 felony. Amends GS 14-190.17, increasing the offense of second degree sexual exploitation of a minor from a Class E felony to a Class C felony. Amends GS 14-190.17A, increasing the offense of third-degree sexual exploitation of a minor from a Class H felony to a Class D felony. Applies to offenses committed on or after December 1, 2019.

Enacts GS 14-208.1, establishing mandatory restitution for victims solicited, patronized, or promoted for prostitution in violation of GS 14-205.1, GS 14-205.2, and GS 14-205.3. Provides for determination of restitution amount in the court order. Further subjects the defendant to property forfeiture for violation of the specified statutes pursuant to GS 14-2.3 (Forfeiture of gain acquired through criminal activity). Enacts GS 14-190.17B, establishing identical mandatory restitution provisions for victims who are minors hired, employed, used, or permitted to do or assist in committing an offense covered in GS 14-190.6 (Employing or permitting minor to assist in offense under Article 26, Offenses against Public Morality and Decency) or minors sexually exploited in violation of GS 14-190.16, GS 14-190.17, and GS 14-190.17A. Further subjects the defendant to property forfeiture for violation of the specified statutes pursuant to GS 14-2.3 (Forfeiture of gain acquired through criminal activity). Applies to offenses committed on or after December 1, 2019.

Amends GS 14-43.11, expanding the offense of human trafficking (punishable as a Class C felony, or a Class B2 felony if the victim is a minor) to include when a person knowingly or in reckless disregard of the consequences of the action benefits financially or receives anything of value from the services of another person the person knows is being held in involuntary servitude or sexual servitude. Further amends GS 14-43.13, expanding the offense of sexual servitude (punishable as a Class D felony, or a Class C felony if the victim is a minor) to include when a person knowingly or in reckless disregard of the consequences of the action benefits financially or by receiving anything of value from the services of another person the person knows is being subjected to or maintained in sexual servitude. Applies to offenses committed on or after 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. Applies to offenses committed on or after December 1, 2019.

Further amends GS 14-43.11, making human trafficking a Class B2 felony if the person believed the victim of the offense was a minor. Similarly, amends GS 14-43.13 further, making sexual servitude a Class C felony if the person believed the victim of the offense was a minor. Applies to offenses committed on or after December 1, 2019.

Amends GS 7B-3200 regarding expunction of records of juveniles alleged or adjudicated delinquent and undisciplined. Eliminates the 18-month waiting period for a person who is at least 18 years old to petition the court for expunction of all records of adjudication (for an offense which would be a crime other than a Class A, B1, B2, C, D, or E felony) if the person whose participation in the offense was a result of having been a victim of human trafficking under GS 14-43.11, sexual servitude under GS 14-43.13, or the federal Trafficking Victims Protection Act. Requires the petition's affidavit to state that the petitioner was adjudicated delinquent based on an offense the petitioner participated in as a result of having been a victim of human trafficking under GS 14-43.11, sexual servitude under GS 14-43.13, or the federal Trafficking Victims Protection Act. Makes clarifying changes. Applies to offenses committed on or after December 1, 2019.

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 GS Chapter 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 DNA records and samples stored in the State DNA Database and the State DNA Databank. Waives the cost of expunging the records. Applies to offenses committed on or after 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 judgment. Applies to motions filed on or after 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. Allows the motion to be filed at any time following entry of a verdict or finding of guilty. Applies to motions filed on or after December 1, 2019.

Enacts GS 15B-11(d1), excepting claims or awards of compensation for criminally injurious conduct against a minor in violation of GS 14-43.11, GS 14-43.12, and GS 14-43.13 from subsections (a) through (d) of the statute that mandate or authorize denial of a claim or reduction of an award of compensation if certain grounds apply to the claim or award. Applies to motions filed on or after December 1, 2019.

Directs the Human Trafficking Commission (Commission) to study the services provided by the State to minors who are victims of an offense committed under GS 14-43.11, GS 14-43.12, and GS 14-43.13. Details required components of the study. Directs the Commission to report to the specified NCGA Committee by March 15, 2020.

Clarifies that prosecutions for offenses committed before the act's effective date are not abated or affected by the act, and statutes that would be applicable but for the act remain applicable to those prosecutions.

Intro. by Presnell, Hardister, D. Hall, Riddell.STUDY, GS 7B, GS 14, GS 15A, GS 15B
H 343 (2019-2020) AUTHORIZE LSC/CRIMINAL RECORD CHECKS. Filed Mar 12 2019, AN ACT AUTHORIZING THE LEGISLATIVE SERVICES COMMISSION TO OBTAIN CRIMINAL RECORD CHECKS OF ANY PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS.

Amends GS 120-32 to authorize the Legislative Services Commission to obtain a criminal history record check of any current or prospective employee, volunteer, or contractor who is under the Legislative Services Officers' (LSO) supervision and control. The record check is to be conducted by the State Bureau of Investigation as provided in new GS 143B-972. Provides that the criminal history report is not a public record.

Enacts new GS 143B-972 to allow the Department of Public Safety (DPS) to provide the LSO with the criminal history from the State and National Repositories of Criminal Histories the criminal history of any current or prospective employee, volunteer, or contractor of the Legislative Services Commission. Requires the LSO to provide the individual's fingerprints, consent form, and other required identifying information. Requires the LSO to keep all such information confidential. Allows DPS to charge a fee to offset costs of conducting the check.

Effective October 1, 2019.

Intro. by Lewis.GS 120, GS 143B
H 344 (2019-2020) NO INSURANCE WHILE DRIVING/TOW VEHICLE. Filed Mar 12 2019, AN ACT TO REQUIRE THE TOWING AND STORAGE OF A VEHICLE BEING OPERATED BY A DRIVER WHO IS CHARGED WITH FAILING TO MAINTAIN FINANCIAL RESPONSIBILITY.

Amends GS 20-313, which makes the operation of a vehicle without having the financial responsibility required under Article 13 a Class 3 misdemeanor. Now requires the law enforcement officer that charges the owner of the offense to have the vehicle towed and stored at the time of the charge using the law enforcement agency's current rotation system and regulations pertaining to towing and storage. Returns custody of the vehicle to the owner upon: (1) the owner presenting proof of the required financial responsibility covering the vehicle for at least six months to the charging law enforcement agency or prosecuting district attorney and (2) the owner presenting to the person in custody of the vehicle (a) documentation the owner received from the charging law enforcement agency or prosecuting district attorney acknowledging the owner's compliance with the requirements and (b) payment of any towing and storage fees. Provides for notification of any lienholders holding a perfected security interest in the vehicle following its towing and storage and access by any such lienholder to the vehicle. Allows a lienholder to take possession of the vehicle upon payment of any towing and storage fees. Upon failure of the owner to obtain release of the vehicle or a lienholder to recover possession of the vehicle, grants the person in custody of the vehicle that was towed and stored a lien on the vehicle for the amount of the towing and storage costs incurred since the vehicle was towed and stored and authorizes disposal of the vehicle pursuant to Article 1 of GS Chapter 44A. Provides for a petition process for release of a vehicle by an owner claiming there has been no lapse in financial responsibility. Specifies that the statute does not alter or supersede a separate law requiring seizure of the motor vehicle whose violation arises out of the same transaction resulting in the charge of violating this statute. 

Intro. by Cleveland, Pittman.GS 20
H 345 (2019-2020) FUNDS FOR ELIZABETH CITY HOMELESS SHELTER. Filed Mar 12 2019, AN ACT TO APPROPRIATE FUNDS TO RENOVATE A HOMELESS SHELTER IN ELIZABETH CITY.

Appropriates $100,000 in nonrecurring funds for 2019-20 from the General Fund to the City of Elizabeth City to be used as title indicates. Effective July 1, 2019.

Intro. by Hunter.APPROP

The Daily Bulletin: 2019-03-12

PUBLIC/SENATE BILLS
S 144 (2019-2020) ALLOW IN-STATE TUITION/ATHLETIC SCHOLARSHIPS. (NEW) Filed Feb 26 2019, AN ACT TO AUTHORIZE CONSTITUENT INSTITUTIONS TO CONSIDER RECIPIENTS OF FULL ATHLETIC SCHOLARSHIPS AS RESIDENTS OF NORTH CAROLINA.

Senate committee amendment #1 makes the following changes to the 1st edition.

Deletes all provisions of the previous edition. Changes the act's long title and now provides as follows.

Amends Section 8 of SL 2018-49, extending the intended date of enactment of legislation to ensure premium tax levied under GS 105-228.5 applies to capitation payments received by Prepaid Health Plans (PHPs) in the same manner in which the tax is applied to gross premiums from business done in the state for all other health care plans and contracts of insurance, from March 15, 2019, to June 30, 2019. Maintains the directive to the Department of Health and Human Services, requiring the Department to plan for the implementation of Medicaid transformation with the assumption of the enactment of the described legislation until March 15, 2019. Makes conforming changes, directing the Department of Health and Human Services to plan for the implementation of Medicaid transformation under the assumption that the legislation will not be enacted if the General Assembly fails to ratify the legislation by June 30, 2019, and to correct all actions taken in reliance on the presumption of legislative enactment. Effective March 15, 2019.

Intro. by Hise.UNCODIFIED
S 144 (2019-2020) ALLOW IN-STATE TUITION/ATHLETIC SCHOLARSHIPS. (NEW) Filed Feb 26 2019, AN ACT TO AUTHORIZE CONSTITUENT INSTITUTIONS TO CONSIDER RECIPIENTS OF FULL ATHLETIC SCHOLARSHIPS AS RESIDENTS OF NORTH CAROLINA.

Senate committee substitute to the 1st edition engrosses committee amendment #1.

Intro. by Hise.UNCODIFIED
S 151 BREAK OR ENTER PHARMACY/INCREASE PENALTY. Filed Feb 26 2019, AN ACT TO INCREASE THE PUNISHMENT FOR BREAKING AND ENTERING A PHARMACY.

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

Amends proposed GS 14-54.2 as follows. Extends the Class D felony to any person who breaks or enters a pharmacy with the intent to commit a larceny of a controlled substance (was, with the intent to commit the theft of opioids). Defines controlled substance. Amends the forfeiture provision so it applies to any interest a person has acquired or maintained in property obtained in violation of the statute and makes it subject to the procedures set out in GS 90-112 (was, GS 18B-504). 

 

Intro. by McInnis, Britt, J. Davis.GS 14
S 223 (2019-2020) CAREGIVER RELIEF ACT. Filed Mar 12 2019, AN ACT AMENDING THE LABOR LAWS TO PROVIDE RELIEF FOR CAREGIVERS IN THIS STATE.

Includes whereas clauses.

Adds new Article 24, Caregiver Relief Act, to GS Chapter 95. Provides under state law for caregivers who provide direct care to certain family members to take leave time in instances where leave would not be available to the caregivers under federal law. Provides that the following definitions apply under this proposed Article: (1) Department is the Department of Labor; (2) FMLA--the federal Family and Medical Leave Act of 1993; (3) eligible employee--as defined in the FMLA; (4) grandchild--the child of a biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis to the employee; and (5) grandparent--the parent of a parent. Under federal law, the FMLA specifies the family members for which an eligible employee may take leave to provide care; this act provides that an employer required to comply with the FMLA is to provide the same leave to an eligible employee for certain family members in need of care as would be provided under the FMLA, including care for a grandchild, sibling, domestic partner, civil union partner, or grandparent of an employee; or a spouse, domestic partner, or a civil union partner of a parent or grandparent of the employee; or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship. Provides that an eligible employee who takes leave under this provision is entitled to the same protections and rights that an eligible employee is entitled to under the FMLA. Provides that any right or obligation under this proposed Article is enforceable by a civil action in addition to any other remedies at law or equity. Provides that the Article applies to all employers in the state who are subject to the FMLA. Makes a conforming change to GS 95-241(a). Effective July 1, 2019, and applies to covered employers and eligible employees on or after that date.

Intro. by Robinson, Foushee, Garrett.GS 95
S 224 (2019-2020) TREAT FINANCE OFFICERS LIKE ASSIST. SUPERS. Filed Mar 12 2019, AN ACT TO REQUIRE THE TERMS AND CONDITIONS OF SCHOOL FINANCE OFFICERS' EMPLOYMENT TO MIRROR THOSE OF ASSISTANT AND ASSOCIATE SUPERINTENDENTS.

Amends GS 115C-435 and GS 115C-278 as title indicates. 

Intro. by Robinson, Foushee.GS 115C
S 225 (2019-2020) REPEAL TUITION SURCHARGE. Filed Mar 12 2019, AN ACT TO REPEAL THE TUITION SURCHARGE IMPOSED BY THE BOARD OF GOVERNORS ON STUDENTS WHO TAKE MORE THAN 140 DEGREE CREDIT HOURS TO COMPLETE A BACCALAUREATE DEGREE IN A FOUR-YEAR PROGRAM OR MORE THAN 110% OF THE CREDIT HOURS TO COMPLETE A BACCALAUREATE DEGREE IN A FIVE-YEAR PROGRAM.

Repeals GS 116-143.7, which imposed a 50% tuition surcharge by the Board of Governors of the UNC System on students who take more than 140 degree credit hours to complete a baccalaureate degree in a four-year program or more than 110% of the credit hours to complete a baccalaureate degree in a five-year program at a constituent institution. Makes conforming changes to GS 116-143.9 regarding fixed tuition payments at constituent institutions of UNC. Further amends GS 116-143.9 to specifically identify what constitutes a substantial disruption or interruption in a student pursuit of a degree, thereby qualifying tuition to be tolled (previously referenced GS 116-143.7(c) for guidance, repealed by the act). Borrows language from GS 116-143.7(c), as repealed, to include military service obligation, serious medical debilitation, a short- or long-term disability, or other extraordinary hardship as qualifying substantial disruptions or interruptions. Adds a new requirement for the Board of Governors to establish the appropriate procedures to implement the process of tolling a student's tuition upon demonstration of a substantial disruption or interruption. Effective July 1, 2019, and applies beginning with the 2019-20 academic year. 

Intro. by Perry, Tillman, Horner.GS 116
S 226 (2019-2020) DELAY CERTAIN ABC PERMIT RENEWAL PAYMENTS. (NEW) Filed Mar 12 2019, AN ACT TO DELAY THE PAYMENT DEADLINE FOR CERTAIN ABC PERMIT RENEWALS.

Amends GS 48-10-101 to limit who may advertise for the adoption of a minor child to: a county department of social services, a child-placing agency listed by the Department of Health and Human Services in this state, or an attorney licensed to practice in this state.

Intro. by Sanderson.GS 48
S 227 (2019-2020) TP3/PRINCIPAL FELLOWS CONSOLIDATION. (NEW) Filed Mar 12 2019, AN ACT TO MAINTAIN ADMINISTRATION FOR CURRENT GRANT RECIPIENTS OF THE EXISTING TRANSFORMING PRINCIPAL PREP PROGRAM AND PHASE IN ADMINISTRATION BY THE NEW PRINCIPAL FELLOWS AND TP3 COMMISSION.

Amends GS 115C-218.45(f) concerning permissible charter school enrollment priority. Authorizes enrollment priority for siblings who apply to the charter school for admission beginning in the same school year. Modifies the existing provision allowing enrollment priority of children of the schools's full-time employees and children of the school's board of directors to include children of the school's full-time contracted employees. Maintains the 15% cap for enrollment priority of children of full-time employees (including contractors) and boards of directors, which the State Board of education can waive. Applies beginning with the 2019-20 school year. 

Intro. by Tillman.GS 115C
S 230 (2019-2020) NC MILITARY AND VETERAN ACT OF 2019. (NEW) Filed Mar 12 2019, AN ACT TO DIRECT THE STATE BOARD OF EDUCATION TO ADOPT RULES PROVIDING FOR EXCUSED ABSENCES FROM SCHOOL FOR CHILDREN OF MEMBERS OF THE ARMED FORCES OF THE UNITED STATES; TO PROVIDE THAT THE PROGRAM EVALUATION DIVISION SHALL STUDY WAYS IN WHICH TO IMPROVE THE ABILITY OF MILITARY-TRAINED APPLICANTS AND MILITARY SPOUSES TO BECOME LICENSED BY OCCUPATIONAL LICENSING BOARDS IN THE STATE; TO AUTHORIZE A LOCAL DIRECTOR OF SOCIAL SERVICES TO DETERMINE IF A JUVENILE WHO IS ALLEGED TO HAVE BEEN ABUSED, NEGLECTED, OR DEPENDENT HAS AN ASSOCIATION WITH THE MILITARY AND TO SHARE THAT INFORMATION WITH THE APPROPRIATE MILITARY AUTHORITIES, WHEN APPLICABLE; TO ENSURE THAT ALL ELIGIBLE CHILDREN CAN OBTAIN WARTIME VETERANS SCHOLARSHIPS; AND TO CHARGE CERTAIN VETERANS AND OTHER INDIVIDUALS THE IN-STATE TUITION RATE.

Amends GS 115C-379 to require that the State Board of Education rules on absences include requiring school principals to authorize up to two excused absences each academic year if (1) the student's parent, guardian, or custodian is a member of the US Armed Fores and is on leave from a combat zone and (2) the student is not identified as at risk of academic failure because of truancy. Allows the rules to require that the principal be given notice of the request for an excused absence a reasonable time before the period of leave. Amends the existing allowable minimum of two excused absences each academic year for religious observances to include those required by the faith of a student or the student's parent, guardian, or legal custodian (was, faith of a student or student's parent).  Makes additional conforming and organizational changes. Applies beginning with the 2019-20 school year.

Intro. by D. Davis, Brown, Ballard.GS 115C
S 231 (2019-2020) AGENCY POLICY DIRECTIVES/2019-2021. (NEW) Filed Mar 12 2019, AN ACT ENACTING AGENCY POLICY DIRECTIVES FOR THE 2019-2021 FISCAL BIENNIUM, CONSISTENT WITH CERTAIN POLICY DIRECTIVES IN RATIFIED HOUSE BILL 966 OF THE 2019 REGULAR SESSION AND TO CLARIFY THAT PARTIES TO AN INTERGOVERNMENTAL SUPPORT AGREEMENT WITH A MAJOR MILITARY INSTALLATION THAT OPERATES A PSAP MAY USE 911 FUNDS FOR NEXT GENERATION 911 SYSTEM COMPATIBILITY.

Includes whereas clauses. Requires the Department of Military and Veterans Affairs, in collaboration with the Department of Commerce, to study the creation of military economic zones around communities hosting military installations in this state. Sets out six issues that are to be included in the study, including methods of incorporating existing economic development programs into prospective military economic zones, and the criteria used for previous recommendations for closures of military installations by the Base Realignment and Closure (BRAC) Commission and the extent to which economic development initiatives can bolster the efficiency and effectiveness of the military installations in this State in advance of future BRAC recommendations. Requires a report on the findings of the study and legislative recommendations to the specified NCGA committee and division by January 1, 2020. 

Intro. by D. Davis, Brown, Perry.STUDY
S 232 (2019-2020) REPEAL DEATH INVEST CONF/MASKS/HEALTH&SAFETY. (NEW) Filed Mar 12 2019, AN ACT TO REPEAL CONFIDENTIALITY OF CERTAIN DEATH INVESTIGATION INFORMATION AND TO AUTHORIZE INDIVIDUALS TO WEAR MASKS AND FACE COVERINGS FOR HEALTH PURPOSES.

Enacts new GS 143B-1218 requiring the Department of Military and Veterans Affairs to track the following types of programs by documenting, collecting, and analyzing the effect of the programs on the outcomes of veterans and their families: (1) programs to assist veterans in obtaining access to health care, (2) programs to assist veterans and their families in obtaining housing and other social supports, (3) programs to assist veterans in obtaining employment, (4) programs to provide financial assistance to veterans and their families, and (5) any other programs designed to serve veterans and their families in this state. Requires the use of a mixed-methods approach that combines outcome-based evaluation and impact evaluation. Requires an annual report, beginning November 1, 2020, to the specified NCGA committee. 

Intro. by D. Davis, Brown, B. Jackson.GS 143B
S 234 (2019-2020) HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS. Filed Mar 12 2019, AN ACT PROVIDING FOR HEALTHY FAMILIES AND HEALTHY WORKPLACES BY ENSURING THAT ALL WORKERS HAVE EARNED PAID SICK DAYS TO ADDRESS THEIR OWN HEALTH NEEDS AND THE HEALTH NEEDS OF THEIR FAMILIES.

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) employ, (4) employee, (5) employer, (6) federal act, (7) health care provider, (8) immediate family member, (9) paid sick time or paid sick days, (10) parent, (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) absence necessary due to the circumstances resulting from the employee or an immediate family member of the employee being a victim of stalking or domestic violence or sexual violence if leave allows the employee or family member to obtain: medical attention needed to recover from physical or psychological injury or disability caused by stalking or domestic violence or sexual violence, services from a designated domestic violence agency or other victim services organization, psychological or other counseling, relocation, or legal services. 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 an 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).

Contains a number of whereas clauses.

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.

Intro. by Robinson, Foushee, Garrett.GS 95

The Daily Bulletin: 2019-03-12

LOCAL/HOUSE BILLS
H 336 (2019-2020) EXTEND SUSPENSION OF SPENCER MOUNTAIN. Filed Mar 12 2019, AN ACT TO EXTEND THE SUNSET ON THE SUSPENSION OF THE CHARTER OF THE TOWN OF SPENCER MOUNTAIN AND TO TEMPORARILY SUSPEND THE CHARTER OF THE TOWN OF EUREKA.

Amends SL 2016-45 by extending the suspension of the Town of Spencer Mountain's charter until June 30, 2023 (was, until June 30, 2019). 

Intro. by Torbett.Gaston

The Daily Bulletin: 2019-03-12

LOCAL/SENATE BILLS
S 228 (2019-2020) WILKES COUNTY FIRE TAX-PROCEDURE. Filed Mar 12 2019, AN ACT TO AUTHORIZE THE COUNTY OF WILKES TO REALIGN THE COUNTY FOR THE PURPOSES OF COUNTY FIRE TAX DISTRICTS UNDER CHAPTER 69 OF THE GENERAL STATUTES.

Authorizes Wilkes County to simultaneously alter the boundaries of all authorized fire tax districts in the County if the County meets the specified five requirements, including providing specified notices and holding a public hearing on the proposed boundary changes. Specifies that all prior tax collections of fire tax revenues by the County in the areas affected by the boundary realignment are valid and lawful. Provides that any change to parcel boundaries or parcel identification numbers used in maps depicting the fire tax districts approved by the County under the act does not alter those approved fire tax district boundaries. No provision of this act is to be construed to prohibit a subsequent change in any fire tax district.

Intro. by Ballard.Wilkes
S 229 (2019-2020) ELECTIONS/CITIES IN MORE THAN ONE COUNTY. Filed Mar 12 2019, AN ACT TO PROVIDE FOR A SINGLE COUNTY TO ADMINISTER ELECTIONS HELD IN CITIES THAT LIE IN MORE THAN ONE COUNTY AS RELATED TO CERTAIN COUNTIES.

Applicable only to Alleghany, Ashe, Caldwell, Surry, Watauga, and Wilkes counties, amends GS 163A-1589 concerning the administration of elections by the county board of elections. Authorizes a city or special district that lies in more than one county to enter into an interlocal agreement with the county boards of elections in those counties where the city or special district lies regarding the administration of the municipal election. Limits the interlocal agreement to a period of two years and requires the agreement be approved by the State Board of Elections.

Intro. by Ballard.Alleghany, Ashe, Caldwell, Surry, Watauga, Wilkes
S 233 (2019-2020) SCHOOL CALENDAR TWO-YEAR FLEX/CERTAIN SYSTEMS. Filed Mar 12 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY FOR A TWO-YEAR PERIOD TO CERTAIN LOCAL BOARDS OF EDUCATION IN ADOPTING THE SCHOOL CALENDAR.

Requires the Harnett, Johnston, and Lee County Schools to determine the dates of opening and closing the public schools in their respective school systems in accordance with GS 115C-84.2(a)(1); requires the opening date to be no earlier than the Monday closest to August 19. Provides that these required opening and closing dates do not apply to any school designated as having a modified calendar for the 2003-04 school year or to any school that was part of a planned program in the 2003-04 school year for a system of modified calendar schools, if the school operates under a modified calendar. Applies for the 2019-20 and 2020-21 school years only.

Requires by October 1, 2021, that the Harnett, Johnston, and Lee County Schools report to the Department of Public Instruction on the implementation of this act, including effects on student achievement and recommendations on the modification, continuation, and potential expansion of the calendar flexibility provided. Requires the Department of Public Instruction to evaluate these reports and provide an aggregated report to the specified NCGA committee by November 15, 2021.

Intro. by Burgin.Harnett, Johnston, Lee
ACTIONS ON BILLS

Actions on Bills: 2019-03-12

PUBLIC BILLS

H 39: ADOPT THE OSPREY AS STATE RAPTOR.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 49: RESPONSIBLE DEER MANAGEMENT ACT.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Agriculture

H 50: ALLOW HYPERBARIC OXYGEN THERAPY FOR TBI/PTSD.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 56: ARTS EDUCATION REQUIREMENT.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 70: DELAY NC HEALTHCONNEX FOR CERTAIN PROVIDERS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 79: ACADEMIC ALIGNMENT/BOARDS OF EDUCATION & CC.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 117: SCHOOL CALENDAR FLEXIBILITY PILOT PROGRAM.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 128: HIGH ACHIEVING TUITION SCHOLARSHIPS.

    House: Reptd Fav
    House: Re-ref Com On Appropriations, Education

H 131: REPEAL MAP ACT.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary

H 133: VETERANS/HEALTH CARE/PILOT PROGRAM.

    House: Reptd Fav
    House: Re-ref Com On Appropriations, Health and Human Services

H 144: HANDS FREE NC.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Insurance

H 206: VARIOUS TRANSPORTATION CHANGES. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 208: CREDIT FOR DONATING DEER MEAT.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 211: VARIOUS DMV CHANGES.-AB

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 250: DEPARTMENT OF HEALTH & HUMAN SVCS. REVISIONS.-AB

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 254: CONFIRM KEN GOODMAN/INDUSTRIAL COMMISSION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/13/2019

H 318: OPIOID PRESCRIPTION &AMP TREATMENT OPT OUT ACT.

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

H 319: IN-STATE TUITION EQUITY.

    House: Passed 1st Reading

H 320: SUSPEND CHILD WELFARE/AGING COMPONENT/NC FAST.

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

H 321: PILOT PROJECT TO TREAT OPIOID OVERDOSE.

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

H 323: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.

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

H 325: OPIOID EPIDEMIC RESPONSE ACT. (NEW)

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

H 327: FEES/RETURNED CHECKS/LOAN PROCESSING.

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

H 328: SAME REQS/OFFICIALS/EARLY VOTE &AMP ELECTION DAY.

    House: Passed 1st Reading
    House: Ref to the Com on Elections and Ethics Law, if favorable, Rules, Calendar, and Operations of the House

H 329: RENEWABLE ENERGY AMENDS. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Rules, Calendar, and Operations of the House

H 330: EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.

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

H 331: SMALL HYDRO AMENDS.

    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Rules, Calendar, and Operations of the House

H 332: TO INCREASE JURY DUTY RATE OF PAY.

    House: Filed

H 333: LRP PLATES/FINE COLLECTION.

    House: Filed

H 334: NCSU HONEY BEE LABORATORY/FUNDS.

    House: Filed

H 335: REDUCE WAITLIST FOR HCCBG SERVICES/FUNDS.

    House: Filed

H 337: CHANGE SALVAGE VEHICLE TRANSFER REQUIREMENTS.

    House: Filed

H 338: COLTRANE JAZZ & BLUES FESTIVAL/FUNDS.

    House: Filed

H 339: BROADEN SALES TAX EXEMPTION FOR FARMERS.

    House: Filed

H 340: AMEND APPT FOR COMPACT ON EDUCATION/MILITARY.

    House: Filed

H 341: NORTH CAROLINA SUNSHINE ACT.

    House: Filed

H 342: STRENGTHEN HUMAN TRAFFICKING LAWS.

    House: Filed

H 343: AUTHORIZE LSC/CRIMINAL RECORD CHECKS.

    House: Filed

H 344: NO INSURANCE WHILE DRIVING/TOW VEHICLE.

    House: Filed

H 345: FUNDS FOR ELIZABETH CITY HOMELESS SHELTER.

    House: Filed

S 20: EMERGENCY WORKER PROTECTION ACT.

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

S 86: SMALL BUSINESS HEALTHCARE ACT.

    Senate: Reptd Fav
    Senate: Reptd Fav

S 105: CLARIFY EMERGENCY POWERS. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate

S 106: CLARIFY LIMITED IMMUNITY/OVERDOSE VICTIMS.

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

S 113: EDUCATION OMNIBUS. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate

S 127: PROTECT GOVERNMENTAL ACCOUNTABILITY.

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

S 144: ALLOW IN-STATE TUITION/ATHLETIC SCHOLARSHIPS. (NEW)

    Senate: Reptd Fav As Amended, Unengrossed
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    Senate: Reptd Fav As Amended, Unengrossed
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate

S 151: BREAK OR ENTER PHARMACY/INCREASE PENALTY.

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

S 155: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.

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

S 162: LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES.

    Senate: Reptd Fav

S 211: INSURANCE TECHNICAL CHANGES.-AB

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

S 212: CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW)

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

S 213: HANDICAPPED PARKING DECAL.

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

S 214: ENSURE ORDERLY 2019 ELECTIONS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Amend Tabled A1
    Senate: Amend Tabled A2
    Senate: Amend Tabled A3
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/13/2019

S 216: HONOR WALTER B. JONES, JR., FORMER MEMBER.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 217: UI/PRECINCT WORKERS/2020 GENERAL ELECTION. (NEW)

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

S 218: CLARIFY STATE RECOGNITION - LUMBEE INDIANS.

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

S 219: MODIFY TEACHER LICENSING REQUIREMENTS.

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

S 220: REMOVAL OF POLITICAL SIGNS BY CITIZENS.

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

S 221: RESTRICT CERTAIN ABSENTEE BALLOT NOTARY ACTS.

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

S 222: VERIFY POLITICAL PARTY SUBCOMMITTEES.

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

S 223: CAREGIVER RELIEF ACT.

    Senate: Filed

S 224: TREAT FINANCE OFFICERS LIKE ASSIST. SUPERS.

    Senate: Filed

S 225: REPEAL TUITION SURCHARGE.

    Senate: Filed

S 226: DELAY CERTAIN ABC PERMIT RENEWAL PAYMENTS. (NEW)

    Senate: Filed
    Senate: Filed

S 227: TP3/PRINCIPAL FELLOWS CONSOLIDATION. (NEW)

    Senate: Filed
    Senate: Filed

S 230: NC MILITARY AND VETERAN ACT OF 2019. (NEW)

    Senate: Filed
    Senate: Filed

S 231: AGENCY POLICY DIRECTIVES/2019-2021. (NEW)

    Senate: Filed
    Senate: Filed

S 232: REPEAL DEATH INVEST CONF/MASKS/HEALTH&SAFETY. (NEW)

    Senate: Filed
    Senate: Filed

S 234: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.

    Senate: Filed

Actions on Bills: 2019-03-12

LOCAL BILLS

H 80: ROANOKE RAPIDS LAKE/UNATTENED EQUIP. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

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

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 322: CITY OF CONOVER/DONUT ANNEXATIONS.

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

H 324: CLEVELAND/CALDWELL COUNTIES HUNTING OMNIBUS. (NEW)

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

H 326: HENDERSONVILLE LOCAL OPTION SALES TAX.

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

H 336: EXTEND SUSPENSION OF SPENCER MOUNTAIN.

    House: Filed

S 63: CITY OF KANNAPOLIS/ANNEXATION.

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

S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)

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

S 215: MANTEO NAVIGABLE WATERS.

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

S 228: WILKES COUNTY FIRE TAX-PROCEDURE.

    Senate: Filed

S 229: ELECTIONS/CITIES IN MORE THAN ONE COUNTY.

    Senate: Filed

S 233: SCHOOL CALENDAR TWO-YEAR FLEX/CERTAIN SYSTEMS.

    Senate: Filed

© 2024 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.