The Daily Bulletin: 2019-03-20

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The Daily Bulletin: 2019-03-20

PUBLIC/HOUSE BILLS
H 130 (2019-2020) ALLOW GAME NIGHTS. Filed Feb 20 2019, AN ACT TO AUTHORIZE NONPROFIT ORGANIZATIONS TO OPERATE "GAME NIGHTS," TO PROVIDE FOR THE REGULATION OF NONPROFIT ORGANIZATIONS HOLDING "GAME NIGHTS," AND TO ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT "GAME NIGHTS."

House committee substitute makes the following changes to the 2nd edition. 

Amends GS 14-309.27 to require that a game night permit application be submitted to the Alcohol Law Enforcement Headquarters (was, to the central office or to the Alcohol Law enforcement district office with jurisdiction over the qualified facility agreeing to host the event). 

Amends GS 14-309.29 by adding that for purposes of the provision governing prizes that may be awarded, the term "cash prize" includes gift cards that are issued by a financial institution or its operating subsidiary and that are usable at multiple unaffiliated sellers of goods or services. Makes organizational changes. Makes conforming changes to GS 14-309.34.

Amends GS 14-309.35 by adding to the conditions that must be met in order for gaming tables and equipment possessed or transported under new Part 4 to not be subject to seizure to require that they be used solely in game night events in addition to being registered. Decreases the fee for the gaming equipment sticker from $50 to $25. Adds that the Alcohol Law Enforcement Branch may inspect, without notice, any gaming table or other gaming equipment used in a game night event at any time immediately prior to or during the game night event. Makes it a Class 1 misdemeanor to use a gaming table or equipment in a game night event that does not comply with the registration requirements (was, possess or transport a gaming table or equipment that violates the registration requirement was a Class 1 misdemeanor).

Amends GS 14-309.36 to require a game night vendor permit application be submitted to the Alcohol Law Enforcement Headquarters (was, to the central office). Increases the permit fee from $1,000 to $2,500; expands the allowable uses of the fee to include ensuring compliance with the statute (governing the permit procedure for game night vendors). Allows denial of a game night vendor permit to a person, firm, or corporation that (1) has a conviction for any violation of state or federal gambling laws within the five years prior to the date of application, (2) has pending charges for any violation of state or federal gambling laws, (3) is subject to an active criminal or civil court order prohibiting involvement in gambling activities, or (4) has a conviction for a felony. Expands upon the classes of individuals that a game night vendor permittee may not employ to also include a person who (1) has a conviction for any violation of state or federal gambling laws within the five years prior to the date of employment, (2) has pending charges for any violation of state or federal gambling laws, or (3) is subject to an active criminal or civil court order prohibiting involvement in gambling activities. Adds a requirement that the Alcohol Law Enforcement Branch inspect gaming tables and equipment of each game night vendor at least four times per calendar year and allows additional inspections reasonably necessary to ensure compliance with registration and permit requirements. Sets out additional requirements for the inspections. 

Enacts new GS 14-309.37 specifying that nothing in the Part authorizes the possession, transportation, or use of any slot machine, video gaming machine, or electronic machine or device prohibited under GS 14-304 through 14-309. 

Intro. by Boles, Lucas, Saine, Floyd.GS 14, GS 18B
H 226 (2019-2020) PAY INCREASES/STATE EMPLOYEES. (NEW) Filed Feb 27 2019, AN ACT APPROPRIATING FUNDS FOR THE 2019-2021 FISCAL BIENNIUM TO AWARD PUBLIC EMPLOYEE BENEFITS INCREASES AND LEGISLATIVELY MANDATED SALARY INCREASES TO STATE EMPLOYEES.

House committee substitute makes the following changes to the 2nd edition.

Part II.

Amends GS 7A-309 (Magistrate's special fees), increasing the magistrate fee for hearing a petition for year's allowance to surviving spouse or child, issuing notices to commissioners, allotting the same and making return from $8 to $20. Applies to petitions filed on or after January 1, 2020.

Part III.

Eliminates the proposed changes to GS 32C-1-116 (concerning reimbursement and compensation of an agent under power of attorney)  and GS 101-2 (concerning name change petitions).

Amends GS 105A-8, concerning State agency notice, hearing, decision, and refund of a setoff under the Setoff Debt Collection Act, extending the timeframe within which a request for hearing on a contested claim of the Judicial Department to be filed to now require the request be filed within 60 days after the Judicial Department mails the debtor notice of the proposed setoff (currently covered by the general provisions requiring a request for a hearing on a contested claim of any State agency be filed within 30 days after the agency mailed the debtor notice of the proposed setoff). Adds a new provision establishing that an order of a judicial official serves as prima facie evidence than an issue has been litigated. Applies to notices on or after January 1, 2020.

Intro. by R. Turner.GS 7A, GS 11, GS 14, GS 15A, GS 20, GS 28A, GS 30, GS 42, GS 45, GS 48, GS 84, GS 105
H 287 (2019-2020) REPEAL G.S. 1-113 AND G.S. 1-114. (NEW) Filed Mar 6 2019, AN ACT REPEALING G.S. 1-113 AND G.S. 1-114.

House committee substitute to the 1st edition makes the following changes. Adds a repeal of GS 1-114 which provided that when a judgment is recovered against one or more of several persons jointly indebted upon a contract in accordance with GS 1-113, those who were not originally summoned to answer the complaint may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned.

Amends the effective date of the act so that the repeals of GS 1-114 and GS 1-113 are effective October 1, 2019 (was, when the act became law).

Intro. by Zachary.GS 1
H 301 (2019-2020) CIP REVISIONS/JUVENILE CODE. Filed Mar 7 2019, AN ACT TO MAKE REVISIONS TO THE JUVENILE CODE PURSUANT TO RECOMMENDATIONS BY THE COURT IMPROVEMENT PROGRAM (CIP).

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

Modifies the proposed changes to GS 7B-906.2 concerning permanent plans and concurrent planning. Clarifies that concurrent planning must continue until a permanent plan is or has been achieved. Now provides that reunification must be a primary or secondary plan unless the permanent plan is or has been achieved. Provides that the finding that reunification efforts clearly would be unsuccessful or inconsistent with the juvenile's health or safety may be made at any permanency planning hearing. Makes further clarifying and conforming changes to proposed and existing language.

 

Intro. by Stevens, Morey.GS 7B
H 364 (2019-2020) HOUSE UNC BOG ELECTION. Filed Mar 14 2019, A HOUSE RESOLUTION ELECTING PEARL BURRIS-FLOYD, C. PHILIP BYERS, JAMES HOLMES, JR., HILTON TERRY HUTCHENS, J. ALEX MITCHELL, AND DAVID POWERS TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA.

House amendment makes the following changes to the 2nd edition. Corrects the county that J. Alex Mitchell is from to Chatham County.

Intro. by Hastings, Fraley.HOUSE RES
H 399 (2019-2020) EXTEND TAX CREDITS/OTHER FINANCE CHANGES. (NEW) Filed Mar 20 2019, AN ACT TO MAKE CERTAIN TAX CHANGES, TO EXTEND CERTAIN TAX BENEFITS, AND TO APPROPRIATE FUNDS FROM THE COLLECTIONS ASSISTANCE FEE SPECIAL FUND TO THE DEPARTMENT OF REVENUE.

Amends GS 105-129.105, concerning the tax credit available for making qualified rehabilitation expenditures for a certified historic structure located in the State. Modifies the base rates, setting the credit amount at 15% for qualified rehabilitation expenses of $0 to $15 million (was, $0 to $10 million) and 10% for qualified expenses of $15 million to $25 million (was, $10 million to $20 million). Modifies the 5% development tier and targeted investment bonuses available under the statute, now capping the qualified rehabilitation expenditures at $25 million (was, $20 million). Creates a new bonus for disaster relief, providing for a credit in the amount of 5% of qualified rehabilitation expenditures not exceeding $25 million if the certified historic structure is located in a disaster area and the qualified rehabilitation expenditure is incurred no more than five years after the onset of the natural disaster resulting in the area being declared a disaster area. Defines disaster area to include counties subject to a Type II or Type III gubernatorial disaster declaration as a result of a natural disaster. Effective for taxable years beginning on or after January 1, 2019.

Amends GS 105-129.110, extending the sunset provisions  by ten years for Article 3L, Historic Rehabilitation Tax Credits Investment Program, now providing for the Article's expiration for qualified rehabilitation expenditures and expenses incurred on or after January 1, 2030. For qualified rehabilitation expenditures and expenses incurred prior to January 1, 2030, provides for the Article's expiration for property not placed in service by January 1, 2038.

Intro. by Ross, Bell, Warren, Adams.GS 105
H 400 (2019-2020) OMNIBUS LABOR LAW CHANGES. Filed Mar 20 2019, AN ACT MAKING VARIOUS CHANGES TO THE LABOR LAWS OF NORTH CAROLINA.

Modifies and adds to GS Chapter 95, Department of Labor and Labor Regulations.

Enacts GS 95-69.18.1, authorizing the Commissioner of Labor to compile, analyze, and publish the reports or information obtained under Article 7A (Uniform Boiler and Pressure Vessel Act). Provides that files and other records relating to investigations and enforcement proceedings under the Article are not subject to inspection and examination under GS 132-6 (concerning public records) while the investigations and proceedings are pending. Entitles a person cited under the Article's provisions to receipt of a copy of the official inspection report that is the basis for citations received by the person following the issuance of citations.

Adds identical provisions to GS 95-110.9 (concerning Article 14A, Elevator Safety Act of North Carolina), GS 95-111.10 (Article 14B, Amusement Device Safety Act of North Carolina), and GS 95-125.2 (concerning Article 15, Passenger Tramway Safety). Makes conforming changes to the statutes, and makes the statutes' language gender-neutral.

Amends GS 95-111.3, adding the following to the devices excluded from the definition of amusement device as the term is used in Article 14B: a locomotive, train, series of railroad cards, or other mechanical devices that operate on any US standard railroad gauge of four feet, eight and one-half inches.

Adds to the power, jurisdiction, and authority of the Director of Occupational Safety and Health set out in GS 95-133 the power to obtain medical records compiled and maintained by the Department of Health and Human Services (DHHS), by hospitals participating in the statewide trauma system, or by emergency management services providers in connection with the dispatch, response, treatment, or transport of individual patients relating to investigations and enforcement under Article 16 (the Occupational Safety and Health Act of North Carolina/OSHA). Deems records obtained to be confidential and prohibits their release or being made public.

Enacts GS 95-153, prohibiting compelling Department of Labor employees who are charged with compliance duties from appearing at any legal or administrative proceeding concerning a division inspection or investigation performed by the Department unless the appearance is required for a hearing held pursuant to Article 16. Includes the Deputy Commissioner of Labor.

Adds to GS 95-136, regarding OSHA inspections, deeming information and reports developed pursuant to any inspection or investigation performed pursuant to Article 16 inadmissible in any court or administrative body except pursuant to the enforcement of the Article, except as provided in existing subsection (e1) (providing for inspection reports upon written request and at the expense of the requesting party, with certain restrictions).

Intro. by McElraft.GS 95
H 401 (2019-2020) ENACT MEDICAL CANNABIS ACT. Filed Mar 20 2019, AN ACT ENACTING THE NORTH CAROLINA MEDICAL CANNABIS ACT.

Adds new Article 43, North Carolina Medical Cannabis Act, to GS Chapter 90. Provides legislative findings. Provides broad civil and criminal immunity for a "qualified patient" or a "designated caregiver" for purchasing or possessing cannabis for medical use if the quantity does not exceed an "adequate supply" for the patient as determined by his or her physician. Adequate supply is defined by the act to, among other things, (1) apply only to cannabis from an intrastate source and (2) limit permitted supply to an amount needed for a three-month period and not more than 24 ounces. Requires the Department of Health and Human Services (DHHS) to issue "registry identification cards" to persons who qualify as qualified patients or designated caregivers, and provides that a card creates a rebuttable presumption of permissible use if the person does not possess more than an adequate supply. Specifies conditions under which provisions of the act are applicable to minors. Prohibits a school, employer, or landlord from refusing to enroll, employ, or lease to, or to otherwise penalize, a person because of his or her status under the act or the permissible possession or use of cannabis. Also provides immunity and protection from penalties for licensed producers of medical cannabis and for physicians for conduct consistent with the act. Provides other protections relating to conduct of law enforcement, child custody or visitation, constructive possession, and the unauthorized substances tax.

The act does not permit a person to control a motor vehicle, aircraft, or motorboat while impaired by cannabis; undertake any task under the influence of cannabis that would constitute negligence or malpractice; or smoke cannabis in a school bus or on public transportation, on school grounds, in a correctional facility, or in any public place in the state. No government-sponsored medical assistance program or private health insurer is required by the act to cover costs of medical use of cannabis, and an employer is not required to accommodate use in the workplace. Makes fraudulent representation to law enforcement of any fact relating to medical use of cannabis to avoid arrest or prosecution a Class 2 misdemeanor punishable by a fine of up to $500 and any other applicable penalty. Specifies criteria and procedures for DHHS issuance or renewal of registry identification cards and requires that DHHS maintain a confidential list of persons to whom cards are issued. Allows DHHS to verify for law enforcement whether a card is valid and to report to law enforcement about falsified or fraudulent information submitted to DHHS. Makes violation of the confidentiality provision a Class 1 misdemeanor, subject to a fine of up to $1,000.

Directs the NC Medical Care Commission to adopt rules to implement the provisions regarding registry cards, establishing requirements for the issuance of registry identification cards to qualified patients and designated caregivers who meet certain minimum specifications. Requires the rules be adopted no later than 120 days after the effective date of the act.

Directs the Department of Agriculture and Consumer Services to establish a medical cannabis supply system to provide a safe, regulated supply of cannabis appropriate for medical use by qualified patients with a valid registry identification card and to generate revenue sufficient to maintain and operate the system. Prohibits use of appropriations from the General Fund to establish or operate the system, which must be funded by authorized fees. Establishes criteria for licensing of medical cannabis supply centers (for the sale of cannabis, cannabis-infused products, and related paraphernalia to qualified patients and caregivers holding a valid registry identification card), producers of medical cannabis, and producers of cannabis-infused products, as well as for suspending or revoking licenses. Requires the Department of Agriculture and Consumer Services to maintain a confidential list of licensees and specifies when it may release information to law enforcement. Requires the Board of Agriculture, in consultation with the Medical Care Commission, to adopt rules to implement the supply system, and provides for temporary rules in the interim. Specifies when medical use of cannabis may be asserted by qualified patients and caregivers as an affirmative defense to a criminal charge. Expresses the General Assembly's intent that the University of North Carolina system undertake scientific research regarding the efficacy and safety of the medical use of cannabis and, subject to approval by the UNC Board of Governors, directs the university to create the North Carolina Cannabis Research Program. Provides a severability clause. Directs the Department of Health and Human Services to issue temporary certificates for participation in the regulation medical supply system, as established, in the manner specified, and maintain a list of all temporary certificates issued. Makes conforming changes to GS 106-121 (definitions under Food, Drugs, and Cosmetics Act). Amends GS 105-164.4(a) to impose a privilege tax of 5 percent on specified cannabis sales.

Intro. by Alexander, Autry, Carney, Harrison.GS 90, GS 105, GS 106
H 402 (2019-2020) UNC CAPITAL PROJECTS. Filed Mar 20 2019, AN ACT TO AUTHORIZE THE ACQUISITION OR CONSTRUCTION AND THE FINANCING, WITHOUT APPROPRIATIONS FROM THE GENERAL FUND, OF CERTAIN CAPITAL IMPROVEMENT PROJECTS OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

Provides that the act's purpose is to authorize: (1) the acquisition or construction of specified UNC capital improvement projects for specified constituent institutions and (2) the financing of the projects with described funds available, or other funds, or any combination of the funds, but not including funds received for tuition or appropriated from the General Fund unless previously authorized by statute. Specifies the authorized capital improvement projects and their costs to be the Southeast Dining Facility at UNC-Wilmington ($14 million) and the Lower Campus Residence Halls at Western Carolina ($60 million). Allows financing to include revenue bonds and/or special obligation bonds.  Authorizes the Director of the Budget to increase or decrease the cost, or change the method, of funding for the projects at the request of the UNC Board of Governors (UNC BOG) and on a determination that it is in the best interest of the State. Permits consultation with the Joint Legislative Commission on Governmental Operations.

Authorizes the UNC BOG to issue at one time or from time to time special obligation bonds, pursuant to GS 116D-26 and subject to the approval of the Director of Budget, for the purpose of paying all or any part of the cost of providing for the authorized projects. Caps the maximum principal amount of the bonds at the specified project cost provided by the act plus 5% to pay issuance expenses, fund reserve funds, pay capitalized interest, and pay any other additional costs, plus any increase in the specific project costs authorized pursuant to the act.

Intro. by Grange, Szoka, Fraley.UNCODIFIED
H 403 (2019-2020) INTER-GENERATIONAL COMMUNITY CENTER FUNDS. Filed Mar 20 2019, AN ACT TO APPROPRIATE FUNDS FOR THE INTER-GENERATIONAL COMMUNITY CENTER IN GREENVILLE.

Appropriates $150,000 for 2019-20 from the General Fund to the UNC Board of Governors to be allocated to East Carolina University to be used as title indicates. Effective July 1, 2019.

Intro. by K. Smith.APPROP
H 404 (2019-2020) PROVISIONAL DRIVERS LICENSE/ADD. ACTIVITIES. Filed Mar 20 2019, AN ACT TO AUTHORIZE LEVEL 2 LIMITED PROVISIONAL LICENSE HOLDERS TO DRIVE AT ANY TIME TO VOLUNTEER SEARCH AND RESCUE ACTIVITIES AND TO SCHOOL-SPONSORED EXTRACURRICULAR ACTIVITIES.

Amends the conditions of a Level 2 limited provisional drivers license set out in GS 20-11 to allow the license holder to drive without supervision when driving directly to or from an activity of a volunteer search and rescue organization if the driver is a member of the organization, and when driving directly to or from a school-sponsored extracurricular event.

Intro. by Morey, Torbett.GS 20
H 406 (2019-2020) FUNDS/KIDSENSES CHILDREN'S MUSEUM. Filed Mar 20 2019, AN ACT TO APPROPRIATE FUNDS TO KIDSENSES CHILDREN'S INTERACTIVE MUSEUM.

Includes whereas clauses.

Appropriates $1.1 million for 2019-20 from the General Fund to KidSenses Inc. to be used to expand the KidSenses Children's Interactive Museum. Effective July 1, 2019.

Intro. by Rogers.APPROP, Rutherford
H 407 (2019-2020) SPINDALE DRAINAGE. Filed Mar 20 2019, AN ACT TO APPROPRIATE FUNDS FOR STORMWATER INFRASTRUCTURE UPGRADES FOR THE TOWN OF SPINDALE.

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

Intro. by Rogers.APPROP, Rutherford
H 408 (2019-2020) EXPAND TEACHING FELLOWS PROGRAM. Filed Mar 20 2019, AN ACT TO EXPAND THE NORTH CAROLINA TEACHING FELLOWS PROGRAM TO INCLUDE PARTICIPATION BY ALL CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA WITH EDUCATOR PREPARATION PROGRAMS.

Amends GS 116-209.62, concerning the NC Teaching Fellows Program (Program), specifying that funds appropriated to the NC Teaching Fellows Program Trust Fund that are unexpended and unencumbered at the end of each fiscal year remain available to the State Education Assistance Authority for the purposes established by Part 3, Article 23 (North Carolina Teaching Fellows Program; State Education Assistance), and do not revert. Effective June 30, 2019.

Further amends GS 116-209.62. Expands the Program to include all constituent institutions of the UNC System with approved educator preparation programs (EPPs), and permits the NC Teaching Fellows Commission to select for Program participation up to two private postsecondary institutions operating in the State that meet the specified standards for selection of the most effective EPPs (previously, limited participation to five institutions of higher learning with approved EPPs selected by the Commission that represent both postsecondary constituent UNC institutions and private postseconday institutions operating in the State that meet the specified standards for selection, adopted by the Commission, as specified). Makes technical and conforming changes. Effective July 1, 2019, and applies to the award of forgivable loans beginning with the 2020-21 academic year.

Intro. by Gill, Clemmons, Hawkins, Brockman.GS 116
H 409 (2019-2020) LEGALIZE FDA-APPROVED SCHEDULE VI DRUGS. Filed Mar 20 2019, AN ACT LEGALIZING CERTAIN SCHEDULE VI CONTROLLED SUBSTANCES THAT HAVE BEEN APPROVED UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

Enacts new GS 90-94.2 making it legal to prescribe, distribute, dispense, administer, transfer, transport, possess, or use any prescription drug that contains marijuana or tetrahydrocannabinol, for which an application has been approved under the Federal Food, Drug, and Cosmetic Act, so long as the action is consistent with federal law.

Intro. by Murphy, McElraft, Sasser.GS 90
H 410 (2019-2020) REQUIRE GENERATORS/NURSING & ADULT CARE HOMES. Filed Mar 20 2019, AN ACT TO STUDY REQUIRING NURSING HOMES, COMBINATION HOMES, AND ADULT CARE HOMES TO HAVE EMERGENCY ELECTRICAL SERVICE AVAILABLE FOR USE DURING POWER OUTAGES.

Enacts new GS 131D-4.3A and GS 131E-114.3A requiring all nursing homes, combination homes, and adult care homes that are licensed and operating in the state to have emergency electrical service to be used in the event of a failure of the normal electrical service. The emergency service must be sufficient to provide heat, lighting, and other essential electrical services required by rules of the Medical Care Commission. Effective on the date the rules adopted by the Medical Care Commission become effective.

Amends the Medical Care Commission's duties in GS 143B-165 to include adopting rules specifying the essential electrical services nursing homes, combination homes, and adult care homes must provide through the use of emergency electrical services. 

Intro. by Howard, Setzer, Carney, Lucas.GS 131D, GS 131E, GS 143B
H 411 (2019-2020) MODIFY SCHOOL QUAL./STUDENT SUCCESS INDICATOR. Filed Mar 20 2019, AN ACT TO COMBINE THE CAREER AND COLLEGE READINESS INDICATORS USED FOR SCHOOL PERFORMANCE GRADES AND FOR THE PURPOSE OF COMPLIANCE WITH FEDERAL LAW FOR GRADES NINE THROUGH TWELVE, TO REQUIRE THE STATE BOARD OF EDUCATION TO INCLUDE ADDITIONAL CAREER AND COLLEGE READINESS INFORMATION ON ANNUAL REPORT CARDS, AND TO ALLOW CERTAIN LOTTERY WINNERS TO REMAIN ANONYMOUS FOR NINETY DAYS.

Amends GS 115C-83.16, concerning school performance indicators for the purpose of compliance with federal law to modify the performance indicators for schools serving any students in ninth through twelfth grade. Modifies the measures making up the school quality and student success indicator to now include the percentage of students who either (1) achieve a minimum score required for admission to a constituent institution of UNC on a nationally normed test of college readiness or (2) are enrolled in Career Technical Education courses and score at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness (previously provided separately for these percentage measures). Applies to measures based on data from the 2018-19 school year and each school year thereafter.

Intro. by Horn, Corbin, Elmore, Johnson.GS 115C
H 412 (2019-2020) ADOPT STATE POULTRY FESTIVAL. Filed Mar 20 2019, AN ACT TO ADOPT THE NORTH CAROLINA POULTRY JUBILEE AS THE OFFICIAL POULTRY FESTIVAL OF THE STATE OF NORTH CAROLINA.

Enacts new GS 145-52 as the title indicates. Includes whereas clauses. 

Intro. by Dixon.GS 145
H 413 (2019-2020) FUNDS TO SUPPORT GREENSBORO/US FIGURE SKATING. Filed Mar 20 2019, AN ACT TO ASSIST THE CITY OF GREENSBORO WITH HOSTING THE NATIONAL FIGURE SKATING CHAMPIONSHIP IN 2020.

Appropriates $150,000 for 2019-20 from the General Fund to the Office of State Budget and Management to the City of Greensboro to offset the cost of renting the Greensboro Coliseum for the 2020 US Figure Skating Championships. Requires the release of the funds to Greensboro upon receipt of a copy of an executed lease between the City and US Figure Skating which contains a provision that the City must reduce the rental fee by an amount equal to any state appropriation for the purpose of offset. Effective July 1, 2019

Intro. by Faircloth, Hardister, Quick, Clemmons.APPROP, Guilford
H 414 (2019-2020) REGIONAL WATER SYSTEMS AND STATE GRANTS. Filed Mar 20 2019, AN ACT TO FOSTER REGIONAL COOPERATION FOR WATER AND WASTEWATER INFRASTRUCTURE.

Identical to S 320, filed 3/20/19.

Amends GS 159G-42 by adding that before disbursement of a loan or grant to a recipient that is engaged in regionalization or initiating regionalization with the loan or grant, the Department of Environmental Quality (DEQ) must ensure that the recipient has one of the following with respect to each local government unit purchasing treated or untreated water from the recipient at the time of the disbursement of the loan or grant or anticipated to be served within the 30 years following the disbursement of the loan or grant: (1) a written agreement approved by the recipient's governing board and the local government's governing board stating the current rates of purchase and any anticipated increases over the term of the agreement or (2) a resolution approved by the governing board of the purchasing local government unit stating the local government unit waives its option to establish such a written agreement. Provides for requesting assistance from the Local Government Commission in resolving disputes that arise when developing the agreement. Prohibits disbursing any loan or grant to either local government unit until a dispute is resolved to the satisfaction of the Local Government Commission.

Intro. by Barnes.GS 159G
H 415 (2019-2020) PHOTOS OF JUVENILES/SHOW-UPS. Filed Mar 20 2019, AN ACT TO CLARIFY THE REQUIREMENT TO TAKE A PHOTOGRAPH OF A SUSPECT AT THE TIME OF A SHOW-UP WHERE THE SUSPECT IS A JUVENILE.

Amends GS 15A-284.52(c1), concerning requirements of a show-up conducted by state or local law enforcement officers for eyewitness identification purposes. Adds a new provision requiring an investigator to photograph a juvenile suspect who is 10 years of age or older at the time and place of the show-up, as required by the subsection's existing provisions, only if the juvenile is reported to have committed a nondivertible offense as described in GS 7B-1701. Requires photographs of juveniles to be retained or disposed of as required by GS 7B-2108, except only requires the law enforcement agency to make a written certification to the court of the destruction of records under GS 7B-2108(6) if a petition was filed. Provides that the photographs of juveniles are not public records and must be kept separate from adult records, withheld from public inspection, and examined only by court order. Permits inspection without court order by the juvenile or the juvenile's attorney, the juvenile's parent or guardian, the prosecutor, and court counselors. 

Makes conforming changes to GS 7B-2103, which prohibits nontestimonial identification procedures on juveniles without court order unless the juvenile is charged as an adult or transferred to superior court for trial as an adult.

Intro. by Stevens, Barnes, Hanig, C. Smith.GS 7B, GS 15A
H 416 (2019-2020) JUSTICE/JUDGE MAY COMPLETE TERM PAST AGE 72. Filed Mar 20 2019, AN ACT TO ALLOW JUSTICES AND JUDGES ELECTED TO OFFICE PRIOR TO THE JUSTICE OR JUDGE'S SEVENTY-SECOND BIRTHDAY TO COMPLETE THE ELECTED TERM OF OFFICE PAST THE MANDATORY JUDICIAL RETIREMENT AGE OF SEVENTY-TWO.

Amends GS 7A-4.20, which sets an age limit for service as a justice and judge. Adds a new provision to allow a justice or judge elected to office prior to the justice's or judge's seventy-second birthday to complete the elected term of office despite the age limit. Specifies that the new provision does not prevent the justice's or judge's removal from office under other statutes. Makes conforming changes and makes the language gender-neutral.

Intro. by Morey, John.GS 7A
H 417 (2019-2020) FOOD COMMERCIALIZATION FUNDS. Filed Mar 20 2019, AN ACT TO APPROPRIATE FUNDS FOR THE EASTERN NORTH CAROLINA FOOD COMMERCIALIZATION CENTER.

Identical to S 292, filed 3/18/19.

Appropriates $3.15 million in nonrecurring funds for 2019-20 to the Department of Agriculture and Consumer Services (Department) for local food processing initiatives. Restricts the funds to the provision of a grant to the Eastern North Carolina Food Commercialization Center (Center) to provide matching funds for a federal construction grant and to provide working capital and equipment for the Center. Requires the Center to annually submit a report on the use of the funds to the specified committee and division by April 1 of each year until the funds are spent or have reverted. Reverts funds not spent or encumbered by June 30, 2022, to the General Fund. Effective July 1, 2019.

Intro. by Humphrey, K. Smith, Murphy.APPROP
H 418 (2019-2020) CREATE NC GOLF COUNCIL. Filed Mar 20 2019, AN ACT TO CREATE THE NORTH CAROLINA GOLF COUNCIL TO PROMOTE AND CULTIVATE THE GAME OF GOLF IN THIS STATE.

Establishes the seven-member North Carolina Golf Council (Council) in the Department of Commerce to promote and cultivate golf in the state and to foster the economic development, tourism, recreation, and community involvement that the growth of the sport can bring. Members are to be appointed by the Governor and NCGA and must have a reasonable level of experience or knowledge related to golf; provides meeting requirements, for the selection of a chair, for the filling of vacancies, and staffing of the Council. 

Appropriates $25,000 in recurring funds for 2019-20 from the General Fund to the Department of Commerce for administrative costs related to the Council's activities.

Intro. by Hardister, Boles, Grange, Hunter.APPROP
H 419 (2019-2020) SAVE NC CALL CENTER JOBS ACT. Filed Mar 20 2019, AN ACT TO ENACT THE "SAVE NC CALL CENTER JOBS ACT."

Enacts new GS 95-31.1 requiring a call center employer that intends to relocate a call center, or one or more facilities or operating units within a call center comprising at least 30% of the call center's or operating unit's total volume when measured against the previous 12-month average call volume of operations, or substantially similar operations, to outside the state to notify the Commissioner of Labor (Commissioner) at least 120 days before the relocation. Requires the Commissioner to compile a semiannual list of all such relocations and distribute the list to agencies subject to GS Chapter 95. Defines call center employer or employer as any business that employs for the purpose of customer service or back-office operations: (1) 50 or more employees, excluding part-time employees or (2) 50 or more employees who in the aggregate work at least 1,500 hours per week (exclusive of overtime hours). Makes an employer that appears on the Commissioner's list ineligible for any state grants or state-guaranteed loan or tax benefit for five years after the date the list is published. Requires an employer that appears on the list described to remit the unamortized value of any grants, guaranteed loans, tax benefits, or any other governmental support it has previously received to the Commissioner. Allows the Commissioner, in consultation with the appropriate agency providing a loan or grant, to waive the ineligibility requirement if the employer applying for the loan or grant demonstrates that a lack of the loan or grant would result in substantial job loss in this state or would harm the environment.

Requires the head of each State agency to ensure that all State business-related call center and customer service work performed by state contractors or their agents or subcontractors is conducted entirely within this state; gives state contractors who currently perform such work outside this state two years to comply with this requirement. Requires the call center employer in partnership with the North Carolina Community College System to implement a program for the retraining of affected employees who have become unemployed due to the relocation of a call center outside of the state.

Provides that the act does not permit withholding or denial of payments, compensation, or benefits under any other State law (including State unemployment compensation, disability payments, or worker retraining or adjustment funds) to workers employed by call center employers that relocate outside the State.

Includes a severability clause.

 

Intro. by Richardson, Grange, Sauls, Everitt.GS 95
H 421 (2019-2020) PROMOTE NORTH CAROLINA SAWMILLS. Filed Mar 20 2019, AN ACT TO PROMOTE LOCAL SAWMILLS BY ALLOWING THE USE OF UNGRADED LUMBER IN CERTAIN CIRCUMSTANCES.

Directs the NC Building Code Council (Council) to amend the Residential Code for One- and Two-Family Dwellings in order to permit dimension lumber that has not been grade-stamped under the authority of a lumber grading bureau to be used in the construction of one-and two-family dwellings, so long as the dimension lumber meets four criteria, including that the sawmill supplying the dimension lumber provides a local mill certification, as defined. Authorizes the Council to issue temporary implementing rules. Sunsets the act when the Council issues permanent rules substantially similar to the act's provisions.

Intro. by Sasser, Brody, Elmore, Dixon.UNCODIFIED
H 422 (2019-2020) HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS. Filed Mar 20 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.

Identical to S 234, filed 3/12/19.

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 Fisher, Harrison, Insko, K. Smith.GS 95
H 423 (2019-2020) CAREGIVER RELIEF ACT. Filed Mar 20 2019, AN ACT AMENDING THE LABOR LAWS TO PROVIDE RELIEF FOR CAREGIVERS IN THIS STATE.

Identical to S 223, filed 3/12/19.

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 Fisher, Farmer-Butterfield, Harrison, Cunningham.GS 95

The Daily Bulletin: 2019-03-20

PUBLIC/SENATE BILLS
S 46 (2019-2020) STANDING UP FOR RAPE VICTIMS ACT OF 2019. Filed Feb 12 2019, AN ACT TO REQUIRE TESTING OF ALL SEXUAL ASSAULT EXAMINATION KITS.

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

Amends proposed GS 15A-266.5A, Statewide sexual assault examination kit testing protocol. Modifies the provisions regarding notification and submission requirements for sexual assault examination kits completed on or before January 1, 2018. Extends the date by which the review team established pursuant to the statute must survey and review the law enforcement agency's entire untested sexual assault examination kit inventory and conduct a case review to determine each kit's testing priority, to now require the survey and review be completed no later than nine months after the effective date of the statute (previously no later than three month's after the statute's effective date).

Corrects a statutory reference in the appropriations provisions.

Intro. by Daniel, Britt, McKissick.APPROP, GS 15A
S 56 (2019-2020) REVENUE LAWS TECHNICAL CHANGES. Filed Feb 13 2019, AN ACT TO MAKE TECHNICAL CHANGES TO THE REVENUE LAWS.

AN ACT TO MAKE TECHNICAL CHANGES TO THE REVENUE LAWS. Enacted March 20, 2019. Effective March 20, 2019, except as otherwise provided.

Intro. by Tillman, Hise, Newton.GS 105
S 168 (2019-2020) DHHS & OTHER REVISIONS. (NEW) Filed Feb 27 2019, AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ADDING A PSYCHIATRIC PHYSICIAN PRIVILEGE EXCEPTION TO CRIMES AGAINST JUVENILES REPORTING REQUIREMENTS.

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

Titles the act as "Bethany's Law."

Further amends GS 90-94.1 (Exemption for use or possession of hemp extract), making the statute's provisions, as amended in the previous edition, apply to the use or possession of cannabis extract rather than hemp extract. Defines cannabis extract to mean an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that is composed of more than 0.3% tetrahydrocannabinol by weight and less than 0.9% tetrahydrocannabinol by weight, is composed of at least 5% cannabinoids other than tetrahydrocannabinol by weight, and contains no other pyschoactive substance. Makes conforming changes. 

Further amends Article 5G of GS Chapter 90 to now refer to "cannabis extract" rather than "hemp extract."

Makes clarifying changes to the definition of caregiver in GS 90-113.101.

Makes GS 90-113.101(1)d applicable to caregivers who register on or after December 1, 2019. 

Amends the act's long and short titles. 

Intro. by McKissick, Hise.GS 90
S 212 (2019-2020) CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW) Filed Mar 11 2019, AN ACT TO FUND VARIOUS CAPITAL AND REPAIRS AND RENOVATIONS PROJECTS FOR STATE AGENCIES AND THE UNIVERSITY OF NORTH CAROLINA; TO ENACT VARIOUS STATUTORY CHANGES RELATING TO FUNDING, COMMENCING, AND ADMINISTERING CAPITAL PROJECTS FROM THE STATE CAPITAL AND INFRASTRUCTURE FUND; TO ESTABLISH PILOT PROGRAMS AND A SATELLITE-BASED BROADBAND GRANT PROGRAM WITHIN THE DEPARTMENT OF INFORMATION TECHNOLOGY; TO STREAMLINE LEASES AND LEASE RENEWALS FOR BROADBAND INFRASTRUCTURE; TO MAKE APPROPRIATIONS TO THE DEPARTMENT OF INFORMATION TECHNOLOGY; AND TO CREATE A STATUTORY DEFINITION FOR "YEAR-ROUND SCHOOL."

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

Clarifies that DHHS is prohibited from deploying the child welfare case-management component of NCFAST statewide prior to October 1, 2019 (previously no date specified). Adds a new provision authorizing all counties other than the counties participating in the initial pilot program prior to January 1, 2019, to elect to utilize the Intake and Assessment functionality of the NCFAST system.

Intro. by Krawiec, Hise.UNCODIFIED
S 217 (2019-2020) UI/PRECINCT WORKERS/2020 GENERAL ELECTION. (NEW) Filed Mar 11 2019, AN ACT TO PREVENT CERTAIN PAYMENTS TO PRECINCT OFFICIALS WORKING IN THE 2020 GENERAL ELECTION FROM REDUCING UNEMPLOYMENT INSURANCE BENEFITS.

Senate committee substitute to the 1st edition makes the following change. Makes amendment to GS 7A-60(a1), which renumbers the prosecutorial districts as specified, effective October 1 (was, July 1), 2019.

Intro. by Britt, Daniel.GS 7A
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.

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

Amends GS 115C-379 to remove references to a child's "legal custodian" and changes references to "guardians" to "legal guardians." Amends the conditions that must be met for excused absences related to military leave to require that (1) the student's parent or legal guardian be an active duty member of the uniformed services as defined in the Interstate Compact on Education Opportunity for Military Children (was, be a member of the US Armed Forces); (2) that the parent or legal guardian has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting (was, be on military leave from a combat zone); and (3) the student not be identified as at risk of academic failure because of unexcused absences (was, because of truancy). Allows the authorization of a minimum of two excused absences (was, up to two excused absences) for those meeting the requirements related to military leave. 

Intro. by D. Davis, Brown, Ballard.GS 115C
S 305 (2019-2020) OLB REFORM. Filed Mar 19 2019, AN ACT TO CLARIFY AND SIMPLIFY A LICENSEE'S QUALIFICATIONS FOR LICENSURE.

Makes changes to GS Chapter 9B, Occupational Licensing Boards.

Modifies and adds to the Chapter's definitions set out in GS 93B-1. Modifies the definition of occupational licensing board to include any board, committee, commission, or other state agency which is established for the purpose of regulating the entry of persons into, and the conduct within (was, and/or the conduct within), a particular profession or occupation, which is authorized to issues licenses. Maintains that the term does not include State agencies, staffed by full-time State employees, which as a part of their regular functions can issue licenses. Adds the term State agency licensing board, and defines the term to include any State agency, staffed by full-time State employees, which as part of their regular functions issue licenses. Includes a nonexclusive list of ten State agency's licensing boards and the profession or occupation for which the board, agency, or officer can issue licenses. 

Amends GS 93B-2, adding to the information occupational licensing boards must annually file with the Secretary of State, Attorney General, and specified NCGA Committee: (1) the number of applicants, and of that number, the number of applicants granted a license and (2) the number of applicants with a conviction record, and of that number, the number granted a license, denied a license for any reason, and denied a license because of a conviction. Creates an annual reporting requirement for State agency occupational licensing boards, to be filed annually no later than October 31 of each year, and to include the same information as that added to the occupational licensing board reports.

Amends GS 93B-8.1, adding State agency licensing boards to the scope of the statute regulating licensing boards' use of criminal history records. Further amends the statute to prohibit a board from automatically denying licensure on the basis of an applicant's criminal history (no longer qualified by a contrary controlling provision of the particular board), and now prohibits any board from denying an applicant a license based solely on conviction for a crime of moral turpitude. Modifies a board's authority to deny a license on the basis of a criminal conviction, now authorizing denial based on a criminal conviction only if the board determines that the public's safety and general welfare could be adversely affected if the board issued the applicant a license, based on the eight (existing) factors the board must consider (previously allowed a board so authorized to deny a license based on any criminal conviction or commission of a crime involving fraud or moral turpitude, verified by criminal history record, if the board determined the denial warranted after consideration of the eight factors). Adds a new requirement for a board that denies an applicant a license to: (1) make written findings specifying which of the eight factors the board deemed relevant to the applicant and explaining its reasoning for the denial, signed by the board's presiding officer; (2) provide a signed copy of the written findings to the applicant within 30 days of the denial; and (3) retain a signed copy of the written findings for no less than five years. Adds a new requirement for each board to include in its application for licensure and on its public website: (1) whether the board requires applicants to consent to a criminal background check; (2) the eight factors the board must consider when making a determination of licensure; and (3) the appeals process pursuant to GS Chapter 150B if the board denies licensure in whole or in part because of a criminal conviction. Grants an applicant denied licensure the right to a rehearing on the issue before the board if the applicant has relevant evidence regarding the applicant's qualifications not previously considered by the board. Makes conforming changes to the act, removing the exemptions provided for the NC Criminal Justice Education and Training Standards Commission and the NC Sheriffs' Education and Training Standards Commission.

Makes conforming changes to reflect the new provision prohibiting any board from denying an applicant a license based solely on conviction for a crime of moral turpitude to the following statutes: GS 83A-15 (concerning architects); GS 85B-4 and GS 85B-8 (concerning auctioneers); GS 87-47 (concerning contractors); GS 89C-21 (concerning engineers and surveyors); GS 90-14 (concerning physicians and physician assistants); GS 90-30 and GS 90-41 (concerning dentists); GS 90-113.44 (concerning substance abuse professionals); GS 90-121.2 (concerning optometrists); GS 90-154 (concerning chiropractors); GS 90-187.8 (concerning veterinarians); GS 90-202.8 (concerning podiatrists); GS 90-210.25 and GS 90-210.69 (concerning funeral service professions); GS 90-210.123 (concerning crematories); GS 90-229 (concerning dental hygienists); GS 90-249.1 (concerning dispensing opticians); GS 90-270.7 (concerning Psychology Board members); GS 90-270.15 (concerning psychologists); GS 90-270.60 (concerning marriage and family therapists); GS 90-270.76 (concerning occupational therapists); GS 90-270.103 (concerning physical therapists); GS 90-340 (concerning professional counselors); GS 90-363 (concerning dietitians and nutritionists); GS 90-390 (concerning fee-based pastoral counselors); GS 90-631.3, GS 90-632.15, and GS 90-633 (concerning massage and bodywork therapy schools, establishments, and therapists); GS 90-659 (concerning respiratory care practitioners); GS 90A-64 (concerning environmental health specialists); GS 93A-6 (concerning real estate brokers); GS 93A-38 (concerning real estate schools); and GS 93E-2-8 (concerning real estate appraisal management companies).

Further amends GS 90-30, concerning dentists, to remove the Board of Dental Examiners' authority to deny a license to any person guilty of a crime involving gross immorality. Further amends GS 90-121.2, concerning optometrists, to remove the Board of Examiners in Optometry's authority to deny a license to a person who has engaged in immoral conduct as to discredit the optometry profession.

Effective October 1, 2019.

Intro. by Wells, Daniel.GS 83A, GS 85B, GS 87, GS 89C, GS 90, GS 90A, GS 93A, GS 93B, GS 93E
S 314 (2019-2020) RESPECT FOR FAMILIES OF LAW ENFORCEMENT. Filed Mar 20 2019, AN ACT TO ALLOW COUNTY CLERKS OF COURT TO WAIVE ANY COSTS OR FEES ARISING OUT OF GUARDIANSHIP OR INCOMPETENCY PROCEEDINGS MADE ON BEHALF OF LAW ENFORCEMENT OFFICERS WHEN THE NEED FOR THESE PROCEEDINGS ARISES OUT OF INJURIES SUSTAINED IN THE LINE OF DUTY.

Identical to H 296, filed 3/6/19.

Enacts GS 7A-103(17), authorizing the clerk of superior court to waive any costs and fees for special proceedings listed in GS 7A-306 for any petitioner under GS Chapter 35A (Incompetency and Guardianship) when the clerk is the presiding judicial official and the proceedings arise out of injuries sustained in the line of duty by a sworn law enforcement officer. Makes conforming changes to GS 35A-1116.

Intro. by Chaudhuri, Britt.GS 7A, GS 35A
S 315 (2019-2020) NORTH CAROLINA FARM ACT OF 2019-20. (NEW) Filed Mar 20 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS OF THE STATE.

Enacts new Article 50F, North Carolina Hemp Commission, in GS Chapter 106, providing as follows. Includes the NCGA’s findings related to hemp. Defines hemp as the plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, within the federally defined THC level for hemp. Defines hemp extract as an extract from hemp, or a mixture or preparation containing hemp plant material or compounds. Defines hemp product as any product within the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

Establishes the nine-member North Carolina Hemp Commission (Commission). Provides that members, appointed by the Commissioner of Agriculture (Commissioner), NCGA, and Governor, serve four-year terms with initial terms effective July 1, 2019, with staggered membership terminating on specified dates. Establishes the Commission’s duties, including issuing licenses allowing a person, firm, or corporation to cultivate or handle hemp. Allows the Commission to adopt temporary rules to implement the act for 180 days after effective date.

Prohibits a person from cultivating or handling hemp in this state without a hemp license issued by the Commission. Limits individuals who are able to obtain a license to cultivate hemp to those who are qualifying farmers or a conditional qualifying farmer.  Makes any person convicted of a felony related to a controlled substance ineligible to obtain any hemp license for 10 years following conviction. Any person who materially falsifies license application information is ineligible to obtain a license.

Requires licensees to furnish the Commissioner with a bond in the amount of no less than $25,000. Allows a new bond or increased bond amount if the Commissioner finds it necessary for the cultivator’s protection.

Requires any person who is required to obtain a hemp license issued to comply with a corrective action plan if the Commission determines that the person has negligently violated any provision of this Article or any rule adopted by the Commission. Requires the corrective action plan to include at least the date by which the violation will be corrected and a requirement that the person will periodically report on the person's compliance for at least the next two calendar years. Sets the penalty for a negligent violation of any provision of this Article or any rule adopted by the Commission as compliance with a corrective action plan; negligent violations of this Article or any rule adopted by the Commission three times in a five-year period makes the individual ineligible to obtain a hemp license for five years beginning on the date of the third violation and the individual is subject to criminal and civil penalties for additional violations during that period.

Allows civil penalties of no more than $2,500 per violation against any person who: (1) violates any provision of this Article or a rule adopted by the Commission, or conditions of any license, permit, or order issued by the Commission; (2) manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, purchase, or possesses with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana on property used for hemp production, or in a manner intended to disguise the marijuana due to its proximity to hemp; (3) provides the Commission with false or misleading information in relation to a license application or renewal, inspection, or investigation authorized by this Article; or (4) tampers with or adulterates a hemp crop lawfully planted.

Makes it a Class I felony to willfully, knowingly, or intentionally manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana on property used for hemp production, or in a manner intended to disguise the marijuana due to its proximity to hemp. Makes it a Class 1 misdemeanor to (1) willfully, knowingly, or intentionally provide the Commission with false or misleading information or (2) willfully, knowingly, or intentionally tamper with or adulterate a hemp crop lawfully planted.

Exempts from licensing possessing, handling, transport, or selling hemp products or hemp extracts. Allows hemp products to be transported to other states and exported to foreign nations.

Establishes the North Carolina Hemp Program Fund (Fund) in the Department of Agriculture and Consumer Services (DACS), consisting of amounts received from appropriations and any other proceeds from gifts, grants, federal funds, application fees, license fees, and any other funds made available for purposes of this Article. Limits the Fund’s use to the costs of personnel, program administration, testing, and any other costs incurred in administering this Article, including promotion, marketing, and branding of North Carolina grown and processed hemp.

Amends GS 106-139 by adding the following provisions. Allows the Board of Agriculture to adopt rules to establish current good manufacturing practices in manufacturing, packaging, labeling, or holding operations for cannabinoid-related compounds derived from industrial hemp. Prohibits the manufacture, sale, delivery, holding, or offering for sale of any cannabinoid-related compounds that does not comply with the Board’s rules. Prohibits engaging in manufacturing, packaging, labeling, processing, or holding of cannabinoid-related compounds without a valid license. Exempts retail establishments, wholesalers, and warehousing operations that do not engage in the manufacturing, packaging, or labeling of cannabinoid-related compounds. Specifies information that is to be included on the license application. Makes failure to comply with Article 12 (Food, Drugs and Cosmetics) or related regulations cause for license suspension or revocation.

The above provisions are effective on the date that the Commission adopts and submits to the Governor and to the Revisor of Statutes a resolution that a State pilot program allowing farmers to lawfully grow industrial hemp is no longer necessary because (1) the United States Congress has enacted legislation that removes industrial hemp from the federal Controlled Substances Act and (2) the legislation has taken effect.

Effective on the date that the Commission adopts and submits the resolution to the Governor and to the Revisor of Statutes, amends GS 106-139 again to allow the Board of Agriculture to adopt rules to establish current good manufacturing practices in manufacturing, packaging, labeling, or holding operations for cannabinoid-related compounds derived from hemp (was, industrial hemp).

Amends GS 90-87 to exclude from the definition of marijuana hemp, hemp products, or hemp extracts (was, excluded industrial hemp only). Amends GS 90-95 to provide that any person who manufactures, sells or delivers, or possesses with intent to manufacture, sell, or deliver a controlled substance classified in Schedule VI is to be punished by being required to comply with a corrective action plan for a first or second offense so long as the person has a valid hemp license and they did not willfully, knowingly, or intentionally cause the controlled substance to exceed the specified concentration. Sets out the same punishment for any person with a valid hemp license who possesses a controlled substance classified in Schedule VI. Effective on the date that the Commission adopts and submits to the Governor and to the Revisor of Statutes a resolution that a State pilot program allowing farmers to lawfully grow industrial hemp is no longer necessary because (1) the United States Congress has enacted legislation that removes industrial hemp from the federal Controlled Substances Act and (2) the legislation has taken effect.

Requires within six months of the adoption of rules by the US Department of Agriculture pursuant to Section 297D of the Agriculture Marketing Act of 1946, as amended by the Agriculture Improvement Act of 2018, that the Commissioner (in consultation with the Governor and Attorney General) submit to the Secretary of the US Department of Agriculture a State plan for the regulation of hemp production. Sets out four elements that must be included in the plan including a procedure to maintain information regarding land on which hemp is produced in the state, and a procedure for the disposal of products that are produced in violation of new Article 50F or any rule adopted by the Commission. Requires an amended plan be submitted if the initial plan is disapproved. Effective when the act becomes law.

Amends GS 106-550 to declare it in the interests of the public welfare that the state’s farmers who produce hemp (along with producers of other specified crops) be permitted and encouraged to act in cooperation with growers, handlers, dealers, and processors in promoting and stimulating the increased production, use, and sale of such agricultural commodities. Enacts new GS 106-554.1 making the Commission the entity that provides certification and approval for the purpose of conducting a referendum among hemp growers or producers. Requires the Commission to perform the same function as the Board of Agriculture in all other respects for cultivators of hemp.  Effective on the date that the Commission adopts and submits to the Governor and to the Revisor of Statutes a resolution that a State pilot program allowing farmers to lawfully grow industrial hemp is no longer necessary because (1) the United States Congress has enacted legislation that removes industrial hemp from the federal Controlled Substances Act and (2) the legislation has taken effect.

Amends SL 2015-299, Section 4, to change the expiration of the act (establishing Article 50E, which regulates industrial hemp) until the date that the North Carolina Industrial Hemp Commission adopts and submits to the Governor and Revisor a resolution that a State pilot program allowing farmers to lawfully grow industrial hemp is no longer necessary because (1) the United States Congress has enacted legislation that removes industrial hemp from the federal Controlled Substances Act and (2) the legislation has taken effect (was, expired on June 30 of the fiscal year in which such a resolution was adopted).

Enacts GS 62-193, allowing the underlying fee owner of land encumbered by any easement acquired by a utility company to file a complaint with the Utilities Commission for an order requiring the utility company to terminate the easement, in exchange for payment of its fair market value, when construction has not been commenced by the utility company for the purpose for which the easement was acquired within 20 years of the date of acquisition (whether acquired by purchase or condemnation). Provides for service and response of the complaint, including disagreement with termination by the utility company, in which case the Commission must determine (1) whether the easement is necessary or advisable for the utility company’s long-range needs for the provisions of services to its service area or (2) whether the termination of the easement would be contrary to the using and consuming public’s interest. Permits a hearing on the matter, and provides an appeals process for an appeal of the Commission’s decision by either party. Places the burden of proof on the utility company. Provides a process for instances when the underlying fee owner and the utility company cannot reach a mutually agreed upon fair market value of the easement. Prohibits the underlying fee owner from filing a second complaint with the Commission regarding the same easement for a period of five years if the Commission decides that the easement should not be terminated. Defines utility company. Effective October 1, 2019.

Amends GS 20-150 to prohibit drivers from overtaking and passing self-propelled farm equipment proceeding in the same direction that is making a left turn or signaling an intent to do so. Applies to offenses committed on or after December 1, 2019.

Amends GS 136-129 to exempt specified outdoor advertising promoting a bona fide farm from the prohibition on outdoor advertising within 660 feet of the right-of-way of the interstate or primary highway system.  In order to be exempt, the outdoor advertising must promote a bona fide farm that is exempt from specified zoning regulations if the sign is more than three feet long on any side and it is located on the bona fide farm property (this replaces the exemption that applied to advertisements for the sale of any fruit or vegetable crop by the grower at a roadside stand or by having the purchaser pick the crop on the property if the sign met specified requirements). 

Amends GS 120-150 by adding that the cochairs of the Agriculture and Forestry Awareness Study Commission serve two-year terms that begin on the convening of the NCGA in each odd-numbered year. Sets out provisions governing lack of successor, completion of service when not seeking reelection, and resignation.

Requires that the Environmental Management Commission classify facilities storing products that are (1) grown, produced or generated on one or more agricultural operations and (2) that are renewable energy resources, as agricultural operations that are exempt from the requirements of 15A NCAC 02D .1806 (control and prohibition of odorous emissions). Requires adoption rules to amend 15A NCAC 02D .1806 consistent with this provision.

Amends the definition of agritourism activity as it applies to Article 4, Argitourism Activity Liability of GS Chapter 99E, so that it also includes any activity carried out on a farm or ranch that allows members of the general public to view or enjoy hunting, fishing, and shooting sports (but excludes hunting or shooting sports involving semiautomatic centerfire rifles). Amends GS 153A-340(b)(2a) concerning the qualifications for a building or structure that is used for agritourism to meet a bona fide farm purpose by amending the definition of agritourism in the same manner as above.

Enacts new Article 87, North Carolina Sweet Potato Act of 2019, in GS Chapter 87. Specifies that only sweet potatoes grown in the state may be designated for sale inside or outside of the state as North Carolina sweet potatoes. Allows the Commissioner of Agriculture (Commissioner) to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of North Carolina sweet potatoes and products containing North Carolina sweet potatoes. Allows collection of a reasonable royalty or license fee, to be determined by the Commissioner in consultation with representatives of the sweet potato industry and the Marketing Division of the Department of Agriculture and Consumer Services. Requires that funds from the royalties and license fees be used to promote North Carolina sweet potatoes and to pay costs associated with monitoring the use of the trademark, prohibiting the unlawful or unauthorized use of the trademark, and enforcing rights in the trademark. Allows the Board of Agriculture to adopt rules on quality standards, grades, packing, handling, labeling, and marketing practices for the marketing of sweet potatoes in this state, and other rules necessary to administer this Article. Also allows the adoption of rules establishing a registration, inspection, and verification program for the production and marketing of North Carolina sweet potatoes in the state. Requires all North Carolina sweet potatoes sold to conform to the prescribed standards and grades and be labeled. Provides for inspections by the Commissioner and the Commissioner's agents. Adopts as the standards for grades in this state the specified standard for grades adopted by the US Department of Agriculture, Agricultural Marketing Service. Requires the Commissioner to appoint a North Carolina Sweet Potato Advisory Council to render advice regarding the Commissioner's authority to regulate and promote sweet potatoes.

Amends GS 89C-25 by providing that GS Chapter 89C (Engineering and Land Surveying) does not prevent practice by employees of the DACS Division of Soil and Water Conservation who have engineering job approval authority issued by the Natural Resources Conservation Service or the Soil and Water Conservation Commission that involves the planning, designing, or implementation of best management practices on agricultural lands, or for the planning, designing, or implementation of best management practices approved for cost-share funding pursuant to the specified programs. Amends GS 139-3 by defining the term job approval authority. Amends GS 139-4 by adding to the Soil and Water Conservation Commission’s duties developing and implementing a program for granting job approval authority to Soil and Water Conservation District staff and employees of the Division of Soil and Water Conservation to plan, design, and certify the installation of best management practices approved for cost-share funding pursuant to specified programs.

Amends GS 105-277.4 by adding that if an assessor determines that property loses its eligibility for present-use value classification, the assessor must give written notice to the owner, including specified information; requires the notice to be separate from the regular yearly tax notice or bill. Requires that an appeal of the assessor’s determination be made within 60 days after date of the written notice. Adds that while an assessor’s decision of lost eligibility is under appeal, if the assessor determines that the property is no longer eligible because of an additional disqualifying event independent of the one that is the basis of the disqualification under appeal, the assessor must follow the same notice and appeal procedure for the subsequent disqualification. If notice is not given for the subsequent disqualification, reinstatement of the property is deemed effective for any assessments occurring from the date of the assessor’s decision under appeal to the date of the final decision of the county board or Property Tax Commission to reinstate the property. Effective for taxes imposed for taxable years beginning on or after July 1, 2019.

Includes a severability clause.

Intro. by B. Jackson, Sanderson, Johnson.GS 20, GS 62, GS 89C, GS 90, GS 99E, GS 105, GS 106, GS 120, GS 136, GS 139
S 316 (2019-2020) AFFORDABLE HOUSING. Filed Mar 20 2019, AN ACT TO DIRECT CERTAIN MUNICIPALITIES TO REPORT TO THE GENERAL ASSEMBLY ON LOCAL GOVERNMENT FUNDING, SUBSIDIES, AND ACTIVITIES RELATED TO AFFORDABLE HOUSING.

Establishes a new reporting requirement for municipalities with a population of at least 90,000 according to the Office of State Budget and Management's July 1, 2016, Standard Population Estimates, to be submitted to the specified NCGA Committee and Division on or before October 1, 2019. Requires the report to: include the amount of affordable housing units currently in use in the municipality that are subsidized by local government revenue or tax credits or that have local government oversight; detail the strategies the municipalities are employing to limit the cost of privately developed housing; and include the extent the municipalities are engaged in the 12 activities specified in the act, including the rezoning of densities necessary to assure the production of moderate income housing, allowing for housing in commercial or mixed-use zones, and allowing for single-room occupancy developments. 

Intro. by Wells, Krawiec, Edwards.UNCODIFIED
S 317 (2019-2020) SENIOR CITIZEN CLASS AUDIT CHANGES. Filed Mar 20 2019, AN ACT TO MAKE CHANGES TO PROVISIONS PERMITTING SENIOR CITIZENS TO AUDIT COURSES AT COMMUNITY COLLEGES AND CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

Amends GS 115B-2.2, requiring the UNC Board of Governors and the State Board of Community Colleges to adopt policies for their respective institutions to implement the statute's existing requirement that allows any person 65 or older to audit courses offered by the institution without payment of any registration fee or tuition for the audit (previously provided the audits be approved by the BOG or State Board in accordance with policies adopted for their respective institutions; specifically required there be no cost to the state and limited the audits to space availability).

Intro. by Waddell, Fitch, Lowe.GS 115B
S 318 (2019-2020) PARENTS' RIGHT TO KNOW. Filed Mar 20 2019, AN ACT TO REQUIRE LOCAL BOARDS OF EDUCATION TO MAINTAIN A CONTINUOUS REPOSITORY OF MATERIALS USED IN PROGRAMS ON REPRODUCTIVE HEALTH AND SAFETY, MENTAL AND EMOTIONAL HEALTH, GROWTH AND DEVELOPMENT, ANTI-BULLYING, OR ANTI-HARASSMENT; TO REQUIRE LOCAL BOARDS OF EDUCATION TO PROVIDE NOTICE TO PARENTS OF THOSE UPCOMING PROGRAMS; TO PROVIDE PARENTS WITH A RIGHT TO REVIEW THOSE PROGRAM MATERIALS; TO ALLOW PARENTS TO CONSENT TO STUDENTS' PARTICIPATION IN THOSE PROGRAMS; AND TO REQUIRE LOCAL BOARDS OF EDUCATION TO NOTIFY PARENTS OF THE ADOPTION, AMENDMENT, OR MODIFICATION OF THOSE PROGRAMS.

Enacts GS 115C-81.32 to require local boards of education to maintain a continuous repository of current objectives, entire curricula, texts, and all other materials used in any program, defined as any instruction, curricula, or materials intended to impart information or promote discussion or understanding regarding reproductive health and safety, mental and emotional health, growth and development, and anti-bullying and anti-harassment. Requires the materials be maintained at a central location for in-person review by parents and the public upon request, with specified electronic copies and related links posted to the local school administrative unit's website. Additionally, requires local boards to add materials proposed for adoption, amendment, or modification to the central location and electronic repository, clearly indicating their status while under consideration. 

Requires local boards to give written and electronic notice to parents of students participating in a program each school year within 14 days before students participate in the program, of the right of parents to review the program's objectives, complete materials, and entire curriculum in the program repository. Specifies required contents of the notice.

Requires local boards to adopt policies to provide opportunities either for parents to consent or withhold their consent to the students' participation in any or all of the programs.

Provides a procedure for local boards to adopt, amend, or modify a program, including (1) 10 days' public notice of a public hearing prior to adoption and (2) 60 days' electronic and written notice of the public hearing and the opportunity to review the materials in the program repository to all parents and students in the unit, with specified information included in the notice. 

Makes conforming repeal of GS 115C-81.30(c), regarding parental review and consent to student participation in the programs. 

Specifies that local boards are not required to hold a public hearing for any program in use prior to the 2019-20 school year, until the program is amended, modified, or replaced. Requires all local boards to establish a program repository of current programs for access to parents prior to the start of the 2019-20 school year, and prohibits local boards from implementing any program until the program is included in the repository.

Applies beginning with the 2019-20 school year.

Intro. by Sanderson, Krawiec, Hise.GS 115C
S 319 (2019-2020) MODIFY WEIGHTING/SCHOOL PERFORMANCE GRADES. Filed Mar 20 2019, AN ACT TO MODIFY THE WEIGHTING OF THE SCHOOL ACHIEVEMENT SCORE AND THE SCHOOL GROWTH SCORE IN THE CALCULATION OF SCHOOL PERFORMANCE SCORES AND GRADES.

Identical to H 313, filed 3/7/19.

Amends GS 115C-83.15(d) to increase the weight of the school growth score in calculating the total school performance scores that are used to determine school performance grades. Establishes the school growth score and the school achievement score each account for 50% of the total school performance score (currently, the school achievement score accounts for 80% and the school growth score accounts for 20%).

Applies beginning with the 2019-20 school year. 

Intro. by Sawyer, Britt, McInnis.GS 115C
S 320 (2019-2020) REGIONAL WATER SYSTEMS AND STATE GRANTS. Filed Mar 20 2019, AN ACT TO FOSTER REGIONAL COOPERATION FOR WATER AND WASTEWATER INFRASTRUCTURE AMONGST SYSTEMS UTILIZING RESERVOIR WATER.

Amends GS 159G-42 by adding that before disbursement of a loan or grant to a recipient that is engaged in regionalization or initiating regionalization with the loan or grant, the Department of Environmental Quality (DEQ) must ensure that the recipient has one of the following with respect to each local government unit purchasing treated or untreated water from the recipient at the time of the disbursement of the loan or grant or anticipated to be served within the 30 years following the disbursement of the loan or grant: (1) a written agreement approved by the recipient's governing board and the local government's governing board stating the current rates of purchase and any anticipated increases over the term of the agreement or (2) a resolution approved by the governing board of the purchasing local government unit stating the local government unit waives its option to establish such a written agreement. Provides for requesting assistance from the Local Government Commission in resolving disputes that arise when developing the agreement. Prohibits disbursing any loan or grant to either local government unit until a dispute is resolved to the satisfaction of the Local Government Commission.

Intro. by J. Alexander.GS 159G
S 321 (2019-2020) FEDERAL MOTOR CARRIER SAFETY/PRISM. (NEW) Filed Mar 20 2019, AN ACT TO IMPLEMENT REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT (PRISM) PROGRAM.

Identical to H 257, filed 3/4/19.

Current law, GS 14-12.7, prohibits persons 16 years or older from wearing masks or hoods that disguise their identity on public ways and GS 14-12.8, prohibits all persons from wearing masks or hoods that disguise their identity on public property. Amends GS 14-12.11 (Exemptions from provisions of Article 4A: Prohibited Secret Societies and Activities), permitting persons to wear a mask for the purpose of protecting the person's head and/or face when operating a motorcycle. Applies to offenses committed on or after December 1, 2019.

Intro. by T. Alexander.GS 14
S 322 (2019-2020) INSURANCE FRAUD PREVENTION AMENDMENTS. Filed Mar 20 2019, AN ACT TO MODIFY CRIMINAL PENALTIES ASSOCIATED WITH CERTAIN NORTH CAROLINA INSURANCE FRAUD STATUTES AND TO INCORPORATE PORTIONS OF THE NAIC FRAUD PREVENTION MODEL ACT LANGUAGE INTO NORTH CAROLINA'S INSURANCE LAWS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.

Part I

Amends GS 58-1-5, defining fraudulent insurance act to mean an act or omission affecting the business of insurance committed by a person with the intent to injure, defraud, or deceive another person in violation of GS Chapter 58 (Insurance).

Amends GS 58-2-50, concerning examinations, hearing, and investigations under GS Chapter 58. Authorizes the Commissioner of Insurance (Commissioner) to investigate and prosecute suspected fraudulent insurance acts and persons engaged in the business of insurance. Grants the Commissioner eight specified authorities, including the authority to inspect, copy, and collect records and evidence; serve subpoenas; execute search warrants and arrest warrants for criminal violations of the Chapter; arrest, upon probably cause, without warrant a person found in the act of violating or attempting to violate a Chapter provision; make criminal referrals to prosecuting authorities; and conduct investigations outside of the State. Deletes the previous provision authorizing the Commissioner to arrest with warrant or cause a person or persons to be arrested when the Commissioner or any investigator appointed to conduct the investigation believes evidence exists to charge with a criminal violation of the Chapter. Prohibits any person from knowingly or intentionally interfering with the enforcement of the Chapter's provisions or investigations of suspected or actual violations of the Chapter.

Makes conforming changes to GS 58-2-160 to refer to fraudulent insurance acts.

Enacts GS 58-2-166 to require claims for payment or other benefits or applications for issuance of an insurance policy to contain a warning statement regarding fraudulent insurance acts, as provided. Adds that the lack of the required statement is not a defense to any prosecution for a fraudulent insurance act. Requires policies issued by nonadmitted insurers to contain a disclosure statement of the insurer's status to do business in the State where the policy is delivered, issued for delivery, or the state where covereage is in force; provides for satisfaction of this disclosure by satisfying the requirements of GS 58-21-45 or GS 58-22-20. Excludes from the statute's requirements reinsurance claims forms and resinsurance applications. Enacts GS 58-2-167 to require insurers to have in place antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts. Sets parameters for the initiatives and their modification, including requiring an antifraud plan meeting specified criteria submitted to the Commissioner. Specifies that antifraud plans submitted to the Commissioner are proprietary, privileged, confidential, and not public records under specified statutes, and are not subject to discovery or subpoena in a civil or criminal action. Effective January 1, 2020.

Enacts GS 58-2-168, specifying that information and evidence provided under GS 58-2-160 and GS 58-2-163 or obtained by the Commissioner in an investigation of suspected or actual fraudulent insurance acts are privileged, confidential, not public records, and not subject to discovery or subpoena in a civil or criminal action. Authorizes the Commissioner to share/receive documents, materials, or other information with/from specified entities, so long as confidentiality and privilege is maintained, as specified. Clarifies that the Commissioner is not prohibited from providing information to or receiving information from any law enforcement authority or from complying with subpoenas or other lawful process in criminal actions, or as otherwise provided in Article 2 of GS Chapter 58. Deems there to be no waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information disclosed to the Commissioner or as a result of sharing authorized by the statute.

Enacts GS 58-2-169, specifying that Article 2 does not preempt, prevent, or limit other law enforcement or regulatory authority, as specified.

Retitles GS 58-58-267 Fraudulent viatical settlement act warning required (was Fraud warning required).

Makes clarifying change to GS 58-58-285 (regarding the effects of Part 5, Viatical Settlements, of Article 58 on other law enforcement or regulatory authority).

Part II

Amends GS 58-2-161 (False statement to procure or deny benefit of insurance policy or certificate), narrowing the offenses set out in subdivision (b)(2). Now provides for the offense of assisting or abetting (previously additionally included soliciting or conspiring with) another person in preparing or making a false or misleading statement to procure or deny a benefit of an insurance policy or certificate with the intent to defraud or deceive the insurer or insurance claimant. Provides new criminal penalties for subsection (b) offenses, which include making or assisting or abetting another to make a false or misleading statement to procure or deny a benefit of an insurance policy or certificate with the intent to defraud or deceive the insurer or insurance claimant. Now provides for the person to be guilty of a Class 1 misdemeanor if the value of the claim for payment or other benefit sought is less than $1,000, a Class H felony if the value of the claim for payment or other benefit sought is more than $1,000, a Class E felony if the value of the claim for the payment sought is $50,000 or more, and a Class C felony if the value of the claim for payment or the benefit sought is $100,000 or more (previously, all violations were a Class H felony). Additionally, authorizes a fine of no more than $10,000 for each violation of the statute. Lastly, permits each claim to be considered a separate count (previously mandated). Makes organizational changes.

Amends GS 58-2-164, increasing the penalty for rate evasion fraud from a Class 3 misdemeanor to a Class 1 misdemeanor. Additionally, modifies the offense language to include assisting or abetting another person as previously specified in existing language (previously included soliciting or conspiring with another person). Adds a new provision making it a Class H felony if a violation of subsection (b) is committed with respect to an application for insurance or amendment to a policy of auto insurance for more than one passenger vehicle. Makes organizational changes.

Adds to GS 58-3-150, making it unlawful for any person, with the intent to injure, defraud, or deceive, who prepares, issues, or requests a certificate of insurance that meets the criteria of subdivisions (f)(2) or (f)(3) (contains any false or misleading information, or purports to alter, amend, or extend the coverage provided by the policy of insurance to which the certificate of insurance makes reference); punishable as a Class 1 misdemeanor if the value of the certificate of insurance is less than $5,000, or a Class I felony if the value of the certificate of insurance is $5,000 or more.

Provides Part II is effective December 1, 2019.

Intro. by Burgin, Brown, Tillman.GS 58
S 323 (2019-2020) EXEMPT VASCULAR ACCESS PROVIDERS FROM CON. Filed Mar 20 2019, AN ACT EXEMPTING PROVIDERS OF PHYSICIAN OFFICE-BASED VASCULAR ACCESS PROCEDURES FROM CERTIFICATE OF NEED REVIEW.

Amends GS 131E-178 by adding that a certificate of need is not needed by a person who provides vascular access for hemodialysis in a physician office-based vascular access center located in a nonlicensed setting in order to license that setting as an ambulatory surgical facility with the existing number of vascular access procedure rooms provided that the four specified conditions are met. 

Amends GS 131E-175 by expanding upon the findings of fact for GS Chapter 131E, Article 9 (Certificate of Need), to include statements on vascular access sites and treating patients with end-stage renal disease in nonhospital settings. Requires all other persons proposing to obtain a license to establish an ambulatory surgical facility for the provision of vascular access site management to obtain a certificate of need. Prohibits the annual State Medical Facilities Plan from including policies or need determinations that limit the number of vascular access procedure rooms that may be approved.

Effective October 1, 2019.

Intro. by Hise, Krawiec.GS 131E
S 324 (2019-2020) CITY-PIPED GAS EXCISE TAX SHARE MODIFICATION. Filed Mar 20 2019, AN ACT TO PROVIDE FOR A MORE EQUITABLE DISTRIBUTION OF SALES TAX PROCEEDS FROM THE SALE AND USE OF PIPED NATURAL GAS.

Amends GS 105-166.44L, which provides for the quarterly piped natural gas excise tax share of a city. Adds new provisions to provide for the quarterly excise tax share of a low-use city, defined as a city that had less than $1,000 in quarterly piped natural gas excise tax distributed under repealed GS 105-187.44 in the last quarter in which taxes were imposed on piped natural gas under repealed Article 5E (repealed effective July 1, 2014). Makes the low-use city's quarterly excise tax share equal to what the city's excise tax share would have been under the repealed statute using the city's first same related quarter usage data beginning with January 1, 2020. Requires recalculation of each low-use city's excise tax share pursuant to the new provisions each year for three successive years, with the average quarterly excise tax share at the conclusion of the third year to be the share in all subsequent years with no further recalculation. Applies to distributions made on or after January 1, 2020.

Intro. by Sanderson.GS 105
S 325 (2019-2020) BIRTH FREEDOM ACT. Filed Mar 20 2019, AN ACT TO ESTABLISH THE CERTIFIED LICENSED MIDWIVES LICENSING ACT.

Enacts new Article 10B, Certified Professional Midwives, to GS Chapter 90. Prohibits any person from practicing or offering to practice midwifery, on or after January 1, 2020, without a license, as provided in new Article 10B. Exempts the following circumstances from the licensure requirement: (1) an individual approved to practice midwifery under Article 10A (Midwifery Practice Act), (2) a physician licensed to practice medicine, (3) the performance of medical acts by a physician assistant or nurse practitioner as specified, (4) the practice of nursing by a registered nurse as allowed under Article 9A (Nursing Practice Act), (5) the rendering of childbirth assistance in emergency situations, and (6) individuals present or assisting the certified professional midwife during the birth process as specified.

Sets forth the General Assembly's findings and includes definitions applicable to Article 10B. Defines certified professional midwife as a person with national certification from the North American Registry of Midwives (NARM). Defines midwifery as the act of providing prenatal, intrapartum, postpartum, newborn, and interconceptional care, but not the practice of medicine by a physician licensed to practice medicine, the performance of medical acts by a physician assistant or nurse practitioner when performed in accordance with the rules of the North Carolina Medical Board, the practice of nursing by a registered nurse engaged in the practice of nursing, or the rendering of childbirth assistance in an emergency situation.

Creates a seven-member North Carolina Council of Certified Professional Midwives (Council), with members appointed by the Secretary of Health and Human Services and initial members appointed on or before October 1, 2019. Details Council member requirements and term limits and includes provisions for compensation, meeting procedures, and Council administration. Enumerates 13 powers and duties of the Council, in consultation with the Division of Health Service Regulation, Department of Health and Human Services, and with guidance from the National Association of Certified Professional Midwives Standards of Practice.

Lists the following requirements for licensure as a certified professional midwife: (1) a completed application; (2) certification from NARM and currently holding the title of certified professional midwife; (3) graduation from or completion of a midwifery program or school that is either approved by the Council or accredited by an organization recognized by the US Department of Education, on or after December 31, 2021; (4) submission of proof to the Council of current cardiopulmonary resuscitation certification and neonatal resuscitation certification; (5) reading, understanding, and agreement to practice under Article 10B; and (6) payment of required fees. Required that licensed certified professional midwives practice according to the National Association of Certified Professional Midwives Standards of Practice and lists 11 responsibilities, including the responsibility to provide care for the healthy woman who is expected to have a normal pregnancy, labor, birth, and postpartal phase in the setting of the mother's choice and the responsibility to order routine antepartal or postpartal screening or lab analysis at a licensed facility and inform the parents about newborn screening. Directs a midwife licensed under Article 10B to display the license at all times in a conspicuous place where the midwife is practicing. Sets forth provisions for license renewal, periods of lapsed licensure, and granting inactive status. Authorizes the Council to grant a license to a person residing in North Carolina licensed, certified, or registered to practice as a certified professional midwife in another jurisdiction if that jurisdiction's standards are substantially equivalent and the person submits an application and required fees. Directs the Council to set all fees under Article 10B and to pay all expenditures out of funds from the fees or other funds. Allows the Council to discipline applicants or licensees, after a hearing, under seven specified circumstances. Authorizes the Council to apply to superior court to enjoin violations of Article 10B. Provides that no health care provider will be liable for an injury to a woman or infant arising during childbirth and resulting from an act or omission by a licensed certified professional midwife.

Intro. by Sanderson, Peterson.GS 90
S 326 (2019-2020) TRAVEL AND TOURISM FUNDING. Filed Mar 20 2019, AN ACT TO APPROPRIATE FUNDS FOR THE ECONOMIC DEVELOPMENT PARTNERSHIP OF NORTH CAROLINA TO PROMOTE NORTH CAROLINA TRAVEL AND TOURISM GROWTH.

Appropriates $3 million in recurring funds for 2019-20 from the General Fund to the Department of Commerce to be transferred to the nonprofit corporation with which the Department has contracted under GS 143B-431.01(b). Requires specified amounts of the funds to be used for marketing and advertising for domestic travel and tourism to the state; marketing and advertising for international travel and tourism to the state; operations, research, and staffing costs; and marketing and advertising for sporting events and events attracting retirees to the state. Effective July 1, 2019. 

Intro. by Edwards, Gunn, Hise.APPROP
S 327 (2019-2020) TIMBER LARCENY/STRENGTHEN LAWS. Filed Mar 20 2019, AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING LARCENY OF TIMBER.

Deletes the existing language of GS 14-135 and retitles the statute Larceny of timber (was Cutting, injuring, or removing another's timber). Creates the offense larceny of timber, making it a Class E felony for a person to knowingly and willfully cut down, injure, or remove any timber owned by another person, or to buy timber directly from the owner of the land on which the timber is grown and fail to make payment to the owner in full by the date specified in the written timber sales agreement or, if no agreement, within 60 days from the date the buyer removes the timber from the property. Mandates the defendant be ordered to make restitution to the timber owner triple the amount of the value of the timber cut, injured, removed, or bought but unpaid. Allows an owner owed payment to notify the timber buyer in writing of demand for payment, as specified, and deems the timber buyer's failure to make payment in full within ten days after the mailing or personal delivery of the notice to constitute prima facie evidence of the timber buyer's intent to commit larceny of timber. Provides exceptions for persons who remit payment in full within the time period of the sales agreement or 60 days of removal to a person he or she believes in good faith to be the rightful owner of the timber, or remits payment in full to the owner of the land within the ten-day period following the owner's notice to the buyer demanding payment. Clarifies that the statute does not affect civil remedies available.

Amends GS 1-539.1, increasing the damages for unlawful cutting, removal, or burning of any valuable wood, timber, shrub, or tree on the lands of another to triple the value (was, double the value) of the wood, timber, shrubs, or trees injured, cut, removed, damaged, or destroyed.

Amends GS 1-539.2B, increasing the damages for injury to agricultural commodities or production systems of another to triple the value (was, double the value) of the commodities or production system injured or destroyed.

Amends GS 106-897, adding GS 14-135, as amended, to the definition of forest laws as it applies to Article 75 (Protection and Development of Forests; Fire Control).

Intro. by McInnis, Sawyer, Burgin.GS 1, GS 14, GS 106

The Daily Bulletin: 2019-03-20

LOCAL/HOUSE BILLS
H 405 (2019-2020) SCHOOL CALENDAR FLEXIBILITY/ROBESON COUNTY. Filed Mar 20 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO THE PUBLIC SCHOOLS OF ROBESON COUNTY IN ADOPTING THE SCHOOL CALENDAR.

Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Robeson County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.

Intro. by Graham.Robeson
H 420 (2019-2020) BOARD VACANCIES/CITY OF WINSTON-SALEM. Filed Mar 20 2019, AN ACT TO MODIFY THE PROCESS FOR FILLING VACANCIES ON THE CITY COUNCIL IN THE CITY OF WINSTON-SALEM.

Identical to S 237, filed 3/13/19.

Incorporates by reference Sections 1 through 3 of SL 1971-1248 into new Section 12K of the Charter of the City of Winston-Salem, codified as Section 12K, SL 1927-232, as amended. Organizes the provisions as subsections (a) through (c) of Section 12K, SL 1927-232, as amended. Modifies the provisions as follows.

Amends Section 1 (now subsection (a) of Section 12K) to replace references to the the Winston-Salem Board of Alderman with the Winston-Salem City Council. Requires the City Council to adopt a resolution calling for a special primary and election when there is a vacancy on the Council when the unexpired vacancy is for twelve months or more.  The election is to be held in the ward represented by the vacating member. Sets out terms for calculating when a vacancy begins if the vacancy is due to resignation. Sets out when the candidate elected is to be installed. Establishes additional requirements for conducting the election and setting the date for the election and candidate filings, and requires the Council to reimburse the Forsyth County Board of Elections for the costs of the primary and election. Makes conforming changes to Sections 2 and 3 (now subsections (b) and (c) of Section 12K). Applies to vacancies existing on or after the date the act becomes law.

Makes seats that meet the following subject to a special primary and election to be conducted under new Section 12K: (1) a vacancy for that seat occurs in 2018 or 2019; (2) the vacancy was filled by the City Council using the appointment process in GS 160A-63; (3) the Forsyth County Board of Elections receives a petition calling for a special primary and election signed by at least 1% of the total number of registered voters in the ward which the seat represents, as reflected by the voter registration records as of January 1 of the year in which the petition is received; and (4) the unexpired term of office for the seat is 12 months or more, as of the date the petition is received by the Forsyth County Board of Elections. Requires the City Council to reimburse the Forsyth County Board of Elections for the costs of administering any special primary and election. Applies to any seat that was vacated in 2018 or 2019.

 

Intro. by Montgomery, Lambeth, Conrad, Terry.Forsyth

The Daily Bulletin: 2019-03-20

ACTIONS ON BILLS

Actions on Bills: 2019-03-20

PUBLIC BILLS

H 8: IN-STATE TUITION PILOT PROGRAM. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 18: ALLOW ABSENTEE BALLOTS/FIRE DISTRICT ELECTION.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 51: OFFICIAL AZALEA FESTIVAL.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 56: ARTS EDUCATION REQUIREMENT.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 85: EMISSIONS/LEE, ONSLOW, & ROCKINGHAM COUNTIES. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 125: GSC REVISED UNIFORM ATHLETE AGENTS ACT.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 130: ALLOW GAME NIGHTS.

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 131: REPEAL MAP ACT.

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

H 176: FAYETTEVILLE MLK PARK/FUNDS.

    House: Reptd Fav
    House: Re-ref Com On Appropriations, General Government

H 178: MLK COMMISSION/FUNDING.

    House: Reptd Fav
    House: Re-ref Com On Appropriations, General Government

H 179: MINI-TRUCK CLASSIFICATION.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 186: HURRICANE HOUSING RECOVERY GRANT.

    House: Reptd Fav
    House: Re-ref Com On Appropriations, General Government

H 191: HOUSING RECOVERY/RESTORE GREENSBORO FUNDS.

    House: Reptd Fav
    House: Re-ref Com On Appropriations, General Government

H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 283: CONNER’S LAW.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 287: REPEAL G.S. 1-113 AND G.S. 1-114. (NEW)

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

H 301: CIP REVISIONS/JUVENILE CODE.

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

H 308: REGULATORY REFORM ACT OF 2020. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform
    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform
    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform

H 330: EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.

    House: Reptd Fav
    House: Re-ref Com On Energy and Public Utilities

H 364: HOUSE UNC BOG ELECTION.

    House: Amend Adopted A1
    House: Ordered Engrossed
    House: Adopted

H 378: DISTILLER REGULATORY REFORM BILL.

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

H 379: FUNDS FOR NURSE-FAMILY PARTNERSHIP.

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

H 380: AERIAL ADVENTURE COURSES/SANDERS' LAW.

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

H 381: SCHOOL CONSTRUCTION &AMP BROADBAND INVESTM'T ACT.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 382: STUDY GENERATOR REQ'S FOR MEDICAL OFFICES.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 384: TOWN OF MIDLAND/FUNDS.

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

H 385: PROHIBIT HERD SHARES.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 386: ENSURE SAFETY OF SCHOOL DRINKING WATER.

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

H 387: GROWING G.R.E.A.T (NEW)

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

H 388: IMMUNIZING PHARMACISTS.

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

H 389: ABC/UNIV ATHLETIC FACILITY.

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

H 390: APPLICATION FOR A CONVENTION OF THE STATES.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 391: PASSENGER PROTECTION ACT. (NEW)

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

H 399: EXTEND TAX CREDITS/OTHER FINANCE CHANGES. (NEW)

    House: Filed
    House: Filed
    House: Filed

H 400: OMNIBUS LABOR LAW CHANGES.

    House: Filed

H 401: ENACT MEDICAL CANNABIS ACT.

    House: Filed

H 402: UNC CAPITAL PROJECTS.

    House: Filed

H 403: INTER-GENERATIONAL COMMUNITY CENTER FUNDS.

    House: Filed

H 404: PROVISIONAL DRIVERS LICENSE/ADD. ACTIVITIES.

    House: Filed

H 406: FUNDS/KIDSENSES CHILDREN'S MUSEUM.

    House: Filed

H 407: SPINDALE DRAINAGE.

    House: Filed

H 408: EXPAND TEACHING FELLOWS PROGRAM.

    House: Filed

H 409: LEGALIZE FDA-APPROVED SCHEDULE VI DRUGS.

    House: Filed

H 410: REQUIRE GENERATORS/NURSING & ADULT CARE HOMES.

    House: Filed

H 411: MODIFY SCHOOL QUAL./STUDENT SUCCESS INDICATOR.

    House: Filed

H 412: ADOPT STATE POULTRY FESTIVAL.

    House: Filed

H 413: FUNDS TO SUPPORT GREENSBORO/US FIGURE SKATING.

    House: Filed

H 414: REGIONAL WATER SYSTEMS AND STATE GRANTS.

    House: Filed

H 415: PHOTOS OF JUVENILES/SHOW-UPS.

    House: Filed

H 416: JUSTICE/JUDGE MAY COMPLETE TERM PAST AGE 72.

    House: Filed

H 417: FOOD COMMERCIALIZATION FUNDS.

    House: Filed

H 418: CREATE NC GOLF COUNCIL.

    House: Filed

H 419: SAVE NC CALL CENTER JOBS ACT.

    House: Filed

H 421: PROMOTE NORTH CAROLINA SAWMILLS.

    House: Filed

H 422: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.

    House: Filed

H 423: CAREGIVER RELIEF ACT.

    House: Filed

S 6: DARE COUNTY/CC CONSTRUCTION FUNDS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 9: FEMALE GENITAL MUTILATION/CLARIFY PROHIBITION.

    Senate: Reptd Fav

S 11: ABC REGULATION AND REFORM.

    House: Serial Referral To Judiciary Stricken
    House: Withdrawn From Com
    House: Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

S 46: STANDING UP FOR RAPE VICTIMS ACT OF 2019.

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

S 56: REVENUE LAWS TECHNICAL CHANGES.

    Senate: Signed by Gov. 3/20/2019
    Senate: Ch. SL 2019-6

S 133: RATE-MAKING AMENDMENTS.-AB

    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

S 151: BREAK OR ENTER PHARMACY/INCREASE PENALTY.

    House: Regular Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

S 156: SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)

    Senate: Reptd Fav
    Senate: Reptd Fav
    Senate: Reptd Fav

S 168: DHHS & OTHER REVISIONS. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 202: MODIFY PROTECTIVE SERVICES LAW/ALE. (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

S 210: ORGAN & TISSUE DONATION/HEART HEROES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Transportation

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

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

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

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

S 225: REPEAL TUITION SURCHARGE.

    Senate: Reptd Fav
    Senate: Re-ref Com On Appropriations/Base Budget

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

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

S 280: SBCC ELECTIONS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 294: MAKE GENERAL ELECTION DAY A STATE HOLIDAY.

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

S 295: STANDARDS OF STUDENT CONDUCT. (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

S 296: ABC/UNIV ATHLETIC FACILITY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

S 297: CANCER RESEARCH ADVISORY PANEL.

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

S 298: PRIVATE IHE/CAMPUS POLICE/NEED-BASED SCHOL.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 299: FUNDS FOR TYSON FAMILY LEARNING CTR./SPCC.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 300: BD OF LICENSED CLINICAL MENTAL HEALTH COUNS.

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

S 301: REGIONAL SCHOOL MODIFICATIONS. (NEW)

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

S 302: UPDATE ACH SVC & CARE PLAN /BD OF NURSING. (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

S 303: STATE EMPS./NO PAYROLL DUES DEDUCTION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

S 304: MODIFY PHYSICAL THERAPY DEFINITION.

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

S 305: OLB REFORM.

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

S 306: CONNER’S LAW.

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

S 307: SWAIN COUNTY SETTLEMENT TRUST FUND.

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

S 308: SAVE THE INTERNET ACT.

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

S 309: IMMUNIZING PHARMACISTS.

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

S 310: ELECTRIC CO-OP RURAL BROADBAND SERVICES.

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

S 311: MASSAGE BOARD MEMBERSHIP.

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

S 312: RELIEF TO OCRACOKE SCHOOL/HURRICANE DORIAN. (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

S 313: PERF. GUAR. TO STREAMLINE AFFORD. HOUSING.

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

S 314: RESPECT FOR FAMILIES OF LAW ENFORCEMENT.

    Senate: Filed

S 315: NORTH CAROLINA FARM ACT OF 2019-20. (NEW)

    Senate: Filed
    Senate: Filed

S 316: AFFORDABLE HOUSING.

    Senate: Filed

S 317: SENIOR CITIZEN CLASS AUDIT CHANGES.

    Senate: Filed

S 318: PARENTS' RIGHT TO KNOW.

    Senate: Filed

S 319: MODIFY WEIGHTING/SCHOOL PERFORMANCE GRADES.

    Senate: Filed

S 320: REGIONAL WATER SYSTEMS AND STATE GRANTS.

    Senate: Filed

S 321: FEDERAL MOTOR CARRIER SAFETY/PRISM. (NEW)

    Senate: Filed
    Senate: Filed

S 322: INSURANCE FRAUD PREVENTION AMENDMENTS.

    Senate: Filed

S 323: EXEMPT VASCULAR ACCESS PROVIDERS FROM CON.

    Senate: Filed

S 324: CITY-PIPED GAS EXCISE TAX SHARE MODIFICATION.

    Senate: Filed

S 325: BIRTH FREEDOM ACT.

    Senate: Filed

S 326: TRAVEL AND TOURISM FUNDING.

    Senate: Filed

S 327: TIMBER LARCENY/STRENGTHEN LAWS.

    Senate: Filed

Actions on Bills: 2019-03-20

LOCAL BILLS

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

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading

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

    House: Passed 2nd Reading
    House: Passed 3rd Reading

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

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 181: YANCEYVILLE/GREENSBORO/MCDOWELL CTY BD ED. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 182: GUILFORD CO. BD. OF ED/NONPARTISAN ELECTION.

    House: Reptd Fav
    House: Re-ref Com On Elections and Ethics Law

H 193: GREENSBORO/SMALL BUSINESS ENTERPRISE.

    House: Reptd Fav
    House: Re-ref Com On Commerce

H 201: RANDOLPH CO. REGISTER OF DEEDS TAX CERT. (NEW)

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

H 383: TOPSAIL BEACH CHARTER/BOARD VACANCIES.

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

H 405: SCHOOL CALENDAR FLEXIBILITY/ROBESON COUNTY.

    House: Filed

H 420: BOARD VACANCIES/CITY OF WINSTON-SALEM.

    House: Filed

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

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 63: CITY OF KANNAPOLIS/ANNEXATION.

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

S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)

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

S 84: WALKERTOWN ZONING AUTHORIZATIONS.

    Senate: Reptd Fav

S 272: ZONING FOR UNIVERSITY FACILITIES-DURHAM.

    Senate: Reptd Fav

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