House committee substitute makes the following changes to the 1st edition. Deletes the proposed changes to GS 153A-301. Makes organizational changes to GS 69-25.5 and specifies that the changes to the statute apply to taxes collected on or after July 1, 2019.
The Daily Bulletin: 2019-03-21
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The Daily Bulletin: 2019-03-21
PUBLIC/HOUSE BILLS
H 120 (2019-2020) CLARIFY FIRE DISTRICT FUNDING ELIGIBILITY. Filed Feb 19 2019, AN ACT TO CLARIFY ELIGIBLE USES OF FIRE PROTECTION TAX REVENUES.
| Intro. by Conrad, Howard, Lambeth, Szoka. | GS 69 |
H 424 (2019-2020) FUNDS FOR RECOGNITION OF NC TRIBES. Filed Mar 21 2019, AN ACT TO APPROPRIATE FUNDS TO EXPEDITE THE RECOGNITION REVIEW PROCESS OF NORTH CAROLINA TRIBES AND COMMISSIONS.
Appropriates $250,000 for 2019-20 and $250,000 for 2020-21 in recurring funds from the General Fund to the Department of Administration, North Carolina Commission on Indian Affairs, to be used as title indicates. Effective July 1, 2019.
| Intro. by Graham, Hunter, Pierce, Wray. | APPROP |
H 425 (2019-2020) IMPLEMENT CONNER'S LAW. (NEW) Filed Mar 21 2019, AN ACT TO IMPLEMENT CONNER'S LAW.
Amends GS 14-34.7 to increase the penalty for assaulting a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicting serious bodily injury on the officer from a Class F felony to a Class E felony.
Amends GS 14-223 by deleting the current Class 2 misdemeanor for resisting an officer and replaces it with the following. Willfully and unlawfully resisting, delaying, or obstructing a public officer in discharging or attempting to discharge a duty of his or her office is punishable as: (1) a Class E felony if the person inflicts serious bodily injury on the officer, (2) a Class H felony if the person inflicts physical injury on the officer, or (3) a Class 2 misdemeanor for any other violation of the statute.
Effective December 1, 2019.
| Intro. by Faircloth, McNeill, Ross, Boles. | GS 14 |
H 426 (2019-2020) EDUCATORS' PAY INCREASES/RETIREE SUPPLEMENTS. (NEW) Filed Mar 21 2019, AN ACT CONSISTENT WITH THE PROVISIONS OF THE CONFERENCE COMMITTEE SUBSTITUTE AND COMMITTEE REPORT FOR HOUSE BILL 966 OF THE 2019 REGULAR SESSION (1) APPROPRIATING FUNDS TO AWARD LEGISLATIVELY MANDATED SALARY INCREASES IN EACH YEAR OF THE 2019-2021 FISCAL BIENNIUM TO EMPLOYEES OF THE UNIVERSITY OF NORTH CAROLINA AT A FUNDING LEVEL SUPPORTING A ONE-HALF OF ONE PERCENT INCREASE AND TO EMPLOYEES OF THE COMMUNITY COLLEGE SYSTEM AT A FUNDING LEVEL SUPPORTING A ONE PERCENT INCREASE PURSUANT TO POLICIES ADOPTED BY THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA AND THE STATE BOARD OF COMMUNITY COLLEGES, RESPECTIVELY, AND ALSO APPROPRIATING FUNDS FOR FACULTY RETENTION AT THE UNIVERSITY OF NORTH CAROLINA IN THE AMOUNT OF SIX MILLION DOLLARS FOR THE 2019-2020 FISCAL YEAR AND ELEVEN MILLION FOUR HUNDRED THIRTY-THREE THOUSAND FOUR HUNDRED THIRTEEN DOLLARS FOR THE 2020-2021 FISCAL YEAR, (2) APPROPRIATING FUNDS FOR THE 2019-2020 FISCAL YEAR TO PROVIDE A ONE PERCENT SALARY INCREASE FOR NONCERTIFIED PUBLIC SCHOOL EMPLOYEES OR A PRORATED AMOUNT AS APPROPRIATE AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS FOR THE 2020-2021 FISCAL YEAR TO PROVIDE A ONE PERCENT SALARY INCREASE FOR NONCERTIFIED PUBLIC SCHOOL
EMPLOYEES OR A PRORATED AMOUNT AS APPROPRIATE, (3) REQUIRING THE DEPARTMENT OF PUBLIC INSTRUCTION TO STUDY AND REPORT TO THE GENERAL ASSEMBLY ON SCHOOL PSYCHOLOGIST AND SCHOOL COUNSELOR POSITIONS, (4) SETTING THE EMPLOYER CONTRIBUTION RATES FOR RETIREMENT AND RELATED BENEFITS, (5) PROVIDING TWO ONE-TIME
COST-OF-LIVING SUPPLEMENTS THAT ARE BOTH IN THE AMOUNT OF ONE-HALF OF ONE PERCENT OF A BENEFICIARY'S ANNUAL RETIREMENT ALLOWANCE, (6) APPROPRIATING FUNDS TO IMPLEMENT CONNER'S LAW, AND (7) AMENDING SPECIAL INSURANCE BENEFITS OFFERINGS.
Amends GS 7A-41 by increasing the number of superior court judges in district 18B (consisting of part of Guilford County) from one to two. Effective January 1, 2021, and requires elections in 2020 to be conducted in accordance with the new judgeship.
Appropriates $120,127 in 2020-21 and $226,695 in 2021-22 from the General Fund to the Administrative Office of the Courts. Effective July 1, 2020.
H 427 (2019-2020) ADD'L DISTRICT COURT JUDGE DISTRICT 18. Filed Mar 21 2019, AN ACT TO ADD ONE DISTRICT COURT JUDGE TO DISTRICT 18 AND TO APPROPRIATE FUNDS.
Amends GS 7A-133 by increasing the number of district court judges in district 18 (consisting of Guilford County) from 14 to 15. Effective January 1, 2021, and requires elections in 2020 to be conduct in accordance with the new judgeship.
Appropriates $109,223 in 2020-21 and $198,588 in 2021-22 from the General Fund to the Administrative Office of the Courts. Effective July 1, 2020.
H 428 (2019-2020) K-3 READING AND LITERACY IMPROVEMENT ACT. Filed Mar 21 2019, AN ACT TO APPROPRIATE FUNDS FOR LOCAL SCHOOL ADMINISTRATIVE UNITS IN ORDER TO PROVIDE THAT EVERY KINDERGARTEN THROUGH SECOND GRADE CLASSROOM HAS A FULL-TIME TEACHER ASSISTANT AND EVERY THREE THIRD GRADE CLASSROOMS HAS A FULL-TIME TEACHER ASSISTANT.
Appropriates from the General Fund $271 million in recurring additional funds to the Department of Public Instruction (DPI) for the 2019-20 fiscal year. Provides for allocations of the funds to local school administrative units to provide the dollar equivalent of teacher assistance positions, with one teacher assistant for every class in kindergarten, first, and second grade, and one teacher assistant for every three classes in third grade. Requires distribution based on an estimated statewide average salary and benefits per position and an average class size of 21 students per classroom. Effective July 1, 2019.
| Intro. by Hunt, K. Smith, Fisher, Dahle. | APPROP |
H 430 (2019-2020) SCHOOL ETHICS TRAINING & FINANCE OFFICERS. Filed Mar 21 2019, AN ACT TO REQUIRE ETHICS TRAINING FOR CERTAIN SCHOOL EMPLOYEES AND TO REQUIRE THE TERMS AND CONDITIONS OF SCHOOL FINANCE OFFICERS' EMPLOYMENT TO MIRROR THOSE OF ASSISTANT AND ASSOCIATE SUPERINTENDENTS.
Enacts GS 115C-335.15, creating a new requirement for all school employees involved in the making and administering of contracts to receive a minimum of two hours of ethics training once every odd-numbered year. Defines school employees involved in the making and administering of contracts to have the meaning given in GS 14-234(b) (appears to intend subsection (a1), which includes oversight of contract performance, authority over contract decisions or interpretation, participation in the development of specifications or terms or in the preparation or award of the contract, but not solely because of the performance of ministerial duties related to the contract). Requires initial training within 90 days of assuming responsibility of making and administering contracts; subsequent training to be conducted once every odd-numbered year; training to include position-specific education on conflicts of interest and ethical standards of conduct; and training provided by the NC Association of School Administrators, the NC School Boards Association, the UNC School of Government, or other qualified sources at the choice of the local board of education. Requires all school employees involved in the making or administering of contracts as of the effective date of the act to receive initial training within six months of the effective date of the act.
Amends GS 115C-435 to now require the terms and conditions of employment for school finance officers to mirror those for assistant superintendents and associate superintendents as outlined in GS 115C-278(b) and (c), as amended. Makes organizational changes to the existing language of GS 115C-278, placing the provisions setting out parameters for the terms of employment for assistant superintendents and associate superintendents into new subsections (b) and (c). Makes conforming deletion to GS 115C-435, which previously provided for the school finance officer to serve at the pleasure of the superintendent.
| Intro. by Corbin, Horn, Strickland. | GS 115C |
H 431 (2019-2020) FIBER NC ACT. Filed Mar 21 2019, AN ACT TO FOSTER INFRASTRUCTURE FOR BROADBAND EXPANSION AND RESOURCES IN NORTH CAROLINA BY AUTHORIZING COUNTIES AND CITIES TO INSTALL AND LEASE BROADBAND INFRASTRUCTURE TO INCREASE ADEQUATE BROADBAND SERVICES TO ATTRACT INVESTMENT IN LOCAL ECONOMIES, PROVIDE FOR EDUCATIONAL AND CAREER OPPORTUNITIES, MODERNIZE FARMING TECHNOLOGIES, AND TO PROVIDE FOR IMPROVED HEALTH CARE.
Enacts GS 153A-458 and GS 160-499.5, authorizing counties and cities to construct facilities or equipment of a broadband service for the purpose of leasing the facilities or equipment in accordance with GS 160A-272, to one or more lessees who are not a governmental unit. Authorizes boards of commissioners and cities to use ad valorem taxes, grants, or any other unrestricted funds in exercising authority granted under the statute. Details four requirements that a county or city must satisfy before beginning construction, including: conducting a feasibility study; adopting a resolution at a regular meeting, which had 10 days' public notice, stating the intent to construct and lease the facilities or equipment; notifying the Local Government Commission of any commitment to expend funds for construction over more than one fiscal year; and notifying the State Chief Information Officer, or their designee, of the location and type of facilities or equipment constructed. Adds building facilities and equipment of broadband services to the purposes for which counties and cities may levy property taxes under GS 153A-149 and GS 160A-209. Effective for taxable years beginning on or after July 1, 2019.
Amends GS 159-81 to authorize facilities or equipment of broadband services for the purpose of leasing the facilities or equipment in accordance with GS 160A-272 to be revenue bond projects.
Amends GS 160A-272, concerning the lease or rental of city property. Current law limits the term of such lease or rental to 10 years, with leases for terms of more than 10 years treated as a sale of property. Removes the specification that the notice of a city council's intent to authorize the lease or rental of city property state that the proposed resolution will be at its next regular meeting. Now provides for a city council to approve a lease beyond ten years without treating the lease as a sale of property if the lease is for the operation and use of any facilities and equipment of a broadband service for a term up to 25 years (previously, for the operation and use of components of a wired or wireless network for a term of up to 25 years, and provided certain restrictions). Further, now provides for any lease by a city of any duration for facilities and equipment of broadband service to satisfy four requirements, including inviting and advertising proposals by newspaper or electronically, as specified. Authorizes proposals to be rejected for any reason determined by the governing body to be in the best interest of the city. Additionally, does not require a city to submit to its voters the question of whether to enter into a lease of part of a city-owned public enterprise to be operated and used as facilities or equipment of broadband service. Maintains and reorganizes the provision requiring periods that can be added to the original term of the lease or rental period by options to renew or extend to be included in determining the term of a proposed lease for purposes of the statute. Makes clarifying changes. Applies to leases entered into on or after July 1, 2019.
Amends GS 160A-340.2 to exempt facilities and equipment of a broadband service constructed by a city for the purpose of leasing the facilities and equipment in accordance with GS 160A-272 from the provisions of Article 16A, Provision of Communications Service by Cities.
Adds to GS 143-128.1C concerning public-private partnership construction contracts, to specify that public-private project includes a capital improvement project undertaken for the benefit of a city or county that includes construction of facilities or equipment of a broadband service in conjunction with, or as part of, another construction project undertaken by the city or county.
Effective July 1, 2019.
H 432 (2019-2020) WATER/SEWER TO CONTIGUOUS DWELLING UNITS. Filed Mar 21 2019, AN ACT PROVIDING THAT IF THE UTILITIES COMMISSION APPROVES A FLAT RATE TO BE CHARGED BY A WATER OR SEWER UTILITY FOR WATER OR SEWER SERVICES TO CONTIGUOUS DWELLING UNITS, THE LESSOR OF THE UNITS MAY PASS THROUGH AND CHARGE THE TENANTS THAT SAME FLAT RATE.
Amends GS 62-110(g), which authorizes the Utilities Commission (Commission) to adopt procedures that allow a lessor to charge for the costs of providing water or sewer service to persons who occupy leased premises. Provides that if the Commission approves a flat rate for water or sewer services for contiguous dwelling units rather than a rate based on metered consumption, the lessor can pass through and charge the tenants of the contiguous dwelling units the same flat rate for water or sewer services and the administrative fee authorized by existing subdivision (g)(2). Requires bills for water and sewer service sent by the lessor to the lessee to contain all of the information required by sub-subdivisions e.2 through e.5 of subdivision (1a), including: the method used to determine the amount of water and sewer services allocated to the lessee; beginning and ending dates for the billing period; the past-due date, which cannot be less than 25 days after the bill is mailed; and a local or toll-free telephone number and address that the lessee can use to obtain more information about the bill.
| Intro. by Shepard, Grange, Hurley, Hardister. | GS 62 |
H 433 (2019-2020) ECONOMICS & FINANCIAL LITERACY ACT. Filed Mar 21 2019, AN ACT TO REQUIRE COMPLETION OF AN ECONOMICS AND PERSONAL FINANCE COURSE AS A HIGH SCHOOL GRADUATION REQUIREMENT IN PUBLIC SCHOOLS, TO CLARIFY REQUIREMENTS FOR HIGH SCHOOL CIVIC LITERACY, AND TO REQUIRE PROFESSIONAL DEVELOPMENT FOR ECONOMICS AND PERSONAL FINANCE TEACHERS.
Amends GS 115C-81.65, by directing the State Board of Education (State Board) to require that all students are taught a full course credit focused solely on Economics and Personal Finance (EPF) during the high school years (previously directed personal financial literacy instruction for all students with content not statutorily required to be determined by the State Board). Requires the content of the course to align with specified standards developed by the Council for Economic Education. Requires a passing grade in the course for graduation. Directs the State Board to review the high school course of study to determine grade levels during which the EPF course can be completed and reorganize other courses as appropriate. Requires each EPF course to provide instruction on economic principles and provide personal financial literacy instruction that includes but is not limited to the true cost of credit, choosing and managing a credit card, borrowing money for an automobile or other large purchase, home mortgages, credit scoring and credit reports, planning and paying for postsecondary education, and other relevant financial literacy issues (all but planning and paying for postsecondary education were included in the previous requirements for financial literacy instruction).
Further amends GS 115C-81.65, directing the Department of Public Instruction (DPI) to require that EPF teachers receive the professional development necessary to ensure that the intent and provisions of the statute, as amended, are carried out. Requires the State Board to require local boards (including innovative school districts and renewal school systems, charter schools, lab schools, and regional schools) to make available to EPF teachers and prospective EPF teachers the EPF professional development course provided by the NC Council on Economic Education (NCCEE), to the extent funds are made available to this purpose. Requires teachers to complete the EPF professional development course prior to teaching the EPF course in public schools when practicable, but allows for teachers to begin teaching the EPF course while awaiting the next possible opportunity to complete a session of the EPF professional development course. Provides for the EPF professional development course to be taken at the NCCEE -approved location most conveniently located to the public school. Appropriates $1,063,800 as grant-in-aid for 2019-20 from the General Fund to The North Carolina Council on Economic Education to provide for completion of the required professional development course for EPF teachers. Sets out required uses of the fund, including a $500 stipend to each teacher upon completion of the Test of Economic Literacy and the Working in Support of Education personal finance test if the teacher attends the course on weekends or during a time outside the teacher's school year. Requires that any funds remaining at the end of the 2022-23 fiscal year of the funds appropriated be used to provide professional development for public school EPF teachers. Requires an annual report beginning September 1, 2020, and any fiscal year that NCCEE uses State funds, to the specified NCGA committee and division on the activities described by this section and the expenditure of State funds. Effective July 1, 2019.
Amends GS 115C-81.45 to direct the State Board to require the teaching of the Founding Principles of the United States and North Carolina during high school, as specified. Removes the requirements that the teaching be a semester course and a passing grade be required for high school graduation. Makes conforming changes.
Amends GS 115C-218.85 (concerning charter schools), GS 115C-238.66 (concerning regional schools), and GS 116-239.8 (concerning laboratory schools) to require the provision of financial literacy instruction as required by the State Board pursuant to GS 115C-81.65, as amended.
Amends Section 6(d) of SL 2018-42, adding the provisions of GS 115C-81.65 to which renewal school systems are subject.
Applies beginning with the 2020-21 school year.
H 434 (2019-2020) SUICIDE RISK REF./MENTAL HEALTH/TEEN VIOLENCE. Filed Mar 21 2019, AN ACT TO REQUIRE LOCAL BOARDS OF EDUCATION, CHARTER SCHOOLS, REGIONAL SCHOOLS, INNOVATIVE SCHOOLS, LABORATORY SCHOOLS, AND THE RENEWAL SCHOOL SYSTEM TO ADOPT AND IMPLEMENT A SUICIDE RISK REFERRAL PROTOCOL, A MENTAL HEALTH TRAINING PROGRAM, AND A POLICY AGAINST TEEN DATING VIOLENCE AND ABUSE.
Changes the title of GS Chapter 115C, Article 25A, to Special Medical and Mental Health Needs of Students.
Enacts new GS 115C-375.11 requiring local boards of education, by July 1, 2020, to adopt and implement a suicide risk referral protocol for school personnel working with students in grades K-12. Requires the protocol to meet the minimum requirements for a suicide risk referral protocol developed by the Superintendent's Working Group on Health and Well-Being including requirements to: (1) inform school personnel of suicide risk referral procedures, including the provision of training; (2) establish crisis teams; and (3) identify and intervene in appropriate situations. Encourages local boards of education to implement a mental health training program for school personnel working with students in grades K-12. The training program is required to meet the minimum requirements for a mental health training program developed by the Superintendent's Working Group on Health and Well-Being and address youth mental health, suicide prevention, substance abuse, sexual abuse prevention, and sex trafficking prevention. Requires periodic review and update of these protocols and training programs. Provides liability from civil immunity to local boards of education, its members, employees, designees, agents, or volunteers for loss or damage caused by an act or omission related to providing, participating in, or implementing any component of the suicide risk referral protocol or the mental health training program.
Enacts new Article 29D, Student Dating Violence and Abuse Prevention in GS Chapter 115C. Requires local boards of education, by July 1, 2020, to adopt and implement a dating violence and abuse policy that meets the four specified requirements, including prohibiting dating violence and abuse by any student on school property during a school-sponsored activity or during school-sponsored transportation, and providing procedures for responding to such incidents of dating violence or abuse.
| Intro. by Horn, Cunningham, Murphy, White. | GS 115C |
H 437 (2019-2020) EDUCATION ON THE HOLOCAUST AND GENOCIDE. Filed Mar 21 2019, AN ACT TO INTEGRATE EDUCATION ON THE HOLOCAUST AND GENOCIDE INTO THE STANDARD COURSE OF STUDY.
Provides legislative findings. Enacts GS 115C-81.57, directing the State Board of Education (State Board) to review the middle school and high school standards of study and integrate education on the Holocaust and genocide into specified courses. Requires the State Board to develop a curriculum for a Holocaust Studies elective to be offered in middle schools and high schools. Requires consultation with the NC Council on the Holocaust and the NC Center for the Advancement of Teaching. Provides for curriculum content by the Department of Public Instruction (DPI) and professional development by local boards of education. Authorizes the NC Council on the Holocaust and the NC Center for the Advancement of Teaching to provide curriculum and professional development in consultation with DPI. Applies beginning with the 2020-21 school year.
| Intro. by Johnson, Horn, Howard, Elmore. | GS 115C |
H 438 (2019-2020) CAMPUS POLICE/PRIVATE IHE/CC WAIVER. Filed Mar 21 2019, AN ACT TO ADD A WAIVER OF TUITION AND REGISTRATION FEES FOR COMMUNITY COLLEGE COURSES FOR THE TRAINING NEEDS OF CAMPUS POLICE AGENCIES OF PRIVATE INSTITUTIONS OF HIGHER EDUCATION AND TO APPROPRIATE FUNDS TO COVER THE COST OF THE WAIVER.
Amends GS 115D-5 by adding that the State Board of Community Colleges may provide for the waiver of tuition and registration fees for campus police agencies of private institutions of higher education certified by the Attorney General. Applies beginning with the 2019-20 academic year.
Appropriates $110,000 in recurring funds for 2020-21 from the General Fund to the Community Colleges System Office to support the waiver of tuition and fees for community college courses for campus police agencies.
Effective July 1, 2019.
H 439 (2019-2020) REDUCE TASC CASELOADS/FUNDS. Filed Mar 21 2019, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, TO REDUCE THE CASELOAD SIZES OF CARE MANAGERS ASSIGNED TO THE TREATMENT ACCOUNTABILITY FOR SAFER COMMUNITIES PROGRAM.
Appropriates $4,030,000 in recurring funds for 2019-20 and $4,030,000 in recurring fund for 2020-21 from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to be used only to (1) increase the number of care managers dedicated to the Treatment Accountability for Safer Communities (TASC) program in order to reduce caseload sizes to 50 offender-clients per care manager and (2) provide clinical supervision, oversight, and training for TASC care managers. Effective July 1, 2019.
| Intro. by Grange, Dobson. | APPROP |
H 440 (2019-2020) STUDY/REGIONAL BEHAVIORAL HEALTH CENTER. Filed Mar 21 2019, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, TO CONDUCT A FEASIBILITY STUDY THROUGH PARTNERS BEHAVIORAL HEALTH MANAGEMENT FOR THE ESTABLISHMENT OF A REGIONAL BEHAVIORAL HEALTH CRISIS CENTER.
Appropriates $180,000 in nonrecurring funds for 2019-20 from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to conduct a feasibility study, through Partners Behavioral Health Management, for the establishment of a behavioral health crisis center in Burke County. Specifies 11 issues to be included in the study. Requires a report on the study by February 10, 2020, to the specified NCGA committee. Effective July 1, 2019.
The Daily Bulletin: 2019-03-21
PUBLIC/SENATE BILLS
S 95 (2019-2020) VETERANS MEMORIAL FUNDS/DO NOT REVERT. Filed Feb 20 2019, AN ACT PROVIDING THAT FUNDS APPROPRIATED FOR THE CONSTRUCTION OF PUBLIC FACILITIES AT THE NORTH CAROLINA VETERANS MEMORIAL PAVILION SHALL NOT REVERT TO THE GENERAL FUND UNTIL JUNE 30, 2020; PROVIDING THAT CERTAIN REGIONAL WATER AND SEWER FUNDING SHALL NOT REVERT UNTIL JUNE 30, 2021; REDIRECTING CERTAIN STORM RESILIENCE FUNDS; BY REPURPOSING CERTAIN PLANNING FUNDS, AND BY CLARIFYING THE PURPOSE OF CERTAIN WATER AND WASTEWATER INFRASTRUCTURE FUNDING PROVIDED TO THE TOWN OF MOUNT AIRY.
Senate committee substitute to the 1st edition makes the following changes.
Amends SL 2016-94, Section 14.20A, as amended, by extending the time within which funds for the interconnection and extension of water lines to participating counties and municipalities undertaken by a Regional Water and Sewer Authority established pursuant to Article 1 of GS Chapter 162A (required inclusion of Rockingham and Guilford counties and one or more municipalities within those counties) from June 30, 2020, to June 30, 2021.
Amends SL 2018-5, Section 13.9, as amended, by requiring that $1.6 million of the $5 million appropriated to the Division of Water Resources to provide a grant-in-aid to Resource Institute, Inc., for the purpose of working with coastal local governments and engineering firms to explore opportunities for the development and implementation of emerging techniques that can extend the useful life of beach nourishment projects, be allocated instead to North Topsail Beach for hurricane recovery projects in or benefiting the town and its adjoining coastline. Makes conforming changes.
| Intro. by Burgin. | UNCODIFIED |
S 328 (2019-2020) INCREASE RQMTS. FOR SMALL STRUCTURAL FILLS. Filed Mar 21 2019, AN ACT TO SUBJECT ALL PROJECTS USING COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL TO THE SAME REQUIREMENTS FOR PERMITTING, DESIGN AND CONSTRUCTION, CLOSURE, AND POST-CLOSURE.
Amends Subpart 3, Part 2I, of Article 9, GS Chapter 130A, Use of Coal Combustion Products in Structural Fill.
Current law, GS 130A-309.219, provides distinct permit requirements for projects using coal combustion products or residuals as structural fill based on the weight of coal combustion products placed, per acre or total per project. Changes the permit requirements to now provide the same requirements for all projects using coal combustion residuals as structural fill. Now requires the person proposing the project to submit eight specifications of the project to the Department of Environmental Quality (DEQ), on a form prescribed by the Department, at least 60 days before initiation of the proposed project. Required information includes a Toxicity Characteristic Leaching Procedure analysis and construction plans for the project (many of the information requirements were previously specified and required for larger projects). Makes conforming changes.
Makes conforming changes to GS 130A-309.220, concerning the design, construction, and siting requirements for projects using coal combustion products for structural fill, and GS 130A-309.221, concerning the financial assurance requirements for projects using coal combustion products for structural fill, making the requirements of each statute apply to all such projects regardless of their size (previously, the requirements applied to larger projects). Makes clarifying changes.
Repeals GS 130A-309.222, regarding the closure of projects using coal combustion products for structural fill, which provided distinct requirements for large and small projects. Instead, enacts GS 130A-309.222A, Closure and post-closure requirements for projects using combustion products for structural fill. Details nine closure and post-closure minimum requirements, including: (1) applying the final cover over the coal combustion product placement area no later than the less of 30 working days or 60 calendar days after product placement has ceased; (2) grading of the final surface and the provision of draining systems which minimize erosion of cover materials and promote drainage; (3) installing other erosion control measures; (4) submitting a certification that the Subpart's requirements have been met, as specified; (5) submitting a written closure plan; (6) submitting a written post-closure plan; (7) maintaining the integrity and effectiveness of any cap system; (8) maintaining and operating the leachate collection system; and (9) monitoring and maintaining groundwater monitoring system and monitoring the surface water. Requires post-closure care to be conducted for 30 years, and provides for the Department to (1) increase the period upon determining a longer period is necessary to protect public healthy, safety, and welfare; the environment; and natural resources or (2) decrease the period upon determining that a shorter period is sufficient to protect public health, safety, and welfare; the environment; and natural resources. Requires the constructor or operator to submit a certification following completion of the post-closure care period that verifies compliance with the post-closure plan and include the certification in the operating record.
| Intro. by Sawyer. | GS 130A |
S 329 (2019-2020) K-3 READING AND LITERACY IMPROVEMENT ACT. Filed Mar 21 2019, AN ACT TO APPROPRIATE FUNDS FOR LOCAL SCHOOL ADMINISTRATIVE UNITS IN ORDER TO PROVIDE THAT EVERY KINDERGARTEN THROUGH SECOND GRADE CLASSROOM HAS A FULL-TIME TEACHER ASSISTANT AND EVERY THREE THIRD GRADE CLASSROOMS HAS A FULL-TIME TEACHER ASSISTANT.
Identical to H 428, filed 3/21/19.
Appropriates from the General Fund $271 million in recurring additional funds to the Department of Public Instruction (DPI) for the 2019-20 fiscal year. Provides for allocations of the funds to local school administrative units to provide the dollar equivalent of teacher assistance positions, with one teacher assistant for every class in kindergarten, first, and second grade, and one teacher assistant for every three classes in third grade. Requires distribution based on an estimated statewide average salary and benefits per position and an average class size of 21 students per classroom. Effective July 1, 2019.
| Intro. by Nickel, Foushee, Robinson. | APPROP |
S 330 (2019-2020) STATE PROP.- UTILIZE LICENSED LAND SURVEYORS. Filed Mar 21 2019, AN ACT TO REQUIRE THAT STATE AGENCIES UTILIZE A LICENSED LAND SURVEYOR WHEN MARKING THE BOUNDARIES OF STATE-OWNED LAND.
Amends GS 146-33 by adding the requirement that state agencies have a licensed professional land surveyor supervise the locating, identifying, and marking of boundaries of state lands allocated to or under the control of the agency.
| Intro. by Daniel. | GS 146 |
S 331 (2019-2020) REACT VEHICLES/REG. PLATE/LIGHTS & SIRENS. Filed Mar 21 2019, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE PERMANENT REGISTRATION PLATES TO RADIO EMERGENCY ASSOCIATED COMMUNICATIONS TEAMS (REACT) AND TO AUTHORIZE REACT VEHICLES TO USE LIGHTS AND SIRENS.
Reenacts GS 20-84(b)(7) as it existed before its repeal by SL 2012-159. Authorizes the Division of Motor Vehicles (DMV) to issue permanent registration plates for a motor vehicle owned by an incorporated REACT (Radio Emergency Associated Communications) team that provides its services pursuant to a contract with a county or municipality (previously not limited by contract specifications).
Amends GS 20-125 to require every vehicle owned or operated by an incorporated REACT team that provides its services pursuant to a contract with a county or municipality to be equipped with special lights, bells, sirens, horns, or exhaust whistles approved by the Commissioner of Motor Vehicles.
| Intro. by Daniel. | GS 20 |
S 332 (2019-2020) CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS. Filed Mar 21 2019, AN ACT TO CLARIFY STATUTES OF LIMITATION AND REPOSE APPLICABLE TO ACTIONS BROUGHT AGAINST PROFESSIONAL LAND SURVEYORS.
Includes whereas clauses.
Removes the ten-year statute of repose set out in GS 1-47 for actions against registered land surveyors or any person acting under the surveyor's supervision and control for physical damage or for economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting.
Amends GS 1-52, modifying the three-year statute of limitations for certain actions against registered land surveyors or any person acting under the surveyor's control. Now provides for the three-year statute of limitations to apply to actions against any professional land surveyor or any person acting under the surveyor's supervision or control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. Deems the cause of action to accrue at the time of the occurrence of the last act of the defendant in the performance of the surveying or platting giving rise to the cause of action. Specifies that in no event can the cause of action commence more than 10 years from the specific last act giving rise to the cause of action (integrating the statute of repose language from GS 1-47, as repealed). Defines surveying and plotting.
Includes a severability clause.
Provides that the act is effective when it becomes law and applies to actions filed, arising, or pending on or after that date. Clarifies that an action is pending for a plaintiff if there has been no final disposition with prejudice and mandate issued against that plaintiff issued by the highest court of competent jurisdiction where the claim was timely filed or appealed as to all the plaintiff's claims for relief to which this act otherwise applies.
| Intro. by Daniel. | GS 1 |
S 333 (2019-2020) SUDDEN CARDIAC ARREST TASK FORCE. Filed Mar 21 2019, AN ACT TO ESTABLISH A JOINT LEGISLATIVE TASK FORCE ON SUDDEN CARDIAC ARREST IN STUDENT ATHLETES.
Establishes the seven-member Joint Legislative Task Force on Sudden Cardiac Arrest in Student Athletes (Task Force) to study: the frequency of sudden cardiac arrest or other heart conditions in student athletes, other jurisdictions that have implemented strategies to mitigate risks to student athletes, the cost of requiring student athletes to be tested for heart conditions, and any other issue the Task Force considers relevant. Sets out membership requirements, including two members of the Senate and two members of the House of Representatives. Sets out provisions governing meetings, the assignment of professional staff, expenses, the hiring of a consultant, and related matters. Requires that the Task Force begin meeting by October 1, 2019. Requires a final report on the study to the General Assembly by April 1, 2020, by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, and the Legislative Library. Terminates the Task Force upon the earlier of April 1, 2020, or upon the filing of its final report.
| Intro. by McKissick, Hise. | STUDY |
S 334 (2019-2020) MARTIN COUNTY EMERGENCY FACILITIES FUNDS. Filed Mar 21 2019, AN ACT TO APPROPRIATE FUNDS TO IMPROVE VARIOUS EMERGENCY SERVICES FACILITIES IN MARTIN COUNTY.
Appropriates $270,000 in nonrecurring funds for 2019-20 from the General Fund to the Town of Williamston to assist the Town in obtaining federal funding to improve the Town's emergency services facilities.
Appropriates $60,000 in nonrecurring funds for 2019-20 from the General Fund to Bear Grass Fire Rescue, Inc., to pave the parking lot and improve the driveways.
Effective July 1, 2019.
S 335 (2019-2020) UNIVERSITY STUDENT-ATHLETE PROTECTION COMM. Filed Mar 21 2019, AN ACT TO CREATE PROTECTIONS FOR THE RIGHTS OF INTERCOLLEGIATE STUDENT-ATHLETES AND TO ALLOW IN-STATE TUITION FOR CERTAIN SCHOLARSHIPS FOR OUT-OF-STATE STUDENT-ATHLETES, AS RECOMMENDED BY THE LEGISLATIVE COMMISSION ON THE FAIR TREATMENT OF COLLEGE STUDENT-ATHLETES.
Enacts Article 37, Student-Athlete Protections, to GS Chapter 116 with the following provisions.
Provides for the Article’s purpose. Defines the scope of the article to include all constituent institutions that have an athletic program and mandates compliance with all rules and sanctions of the University Student-Athlete Protection Commission (Commission), as authorized. Sets forth six defined terms.
Prescribes 15 duties to constituent institutions with an athletic program regarding the protection of student-athletes in the areas of health and safety, academic opportunities, due process, and other duties, as specified. Defines athletic program to mean a sport program played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics; excludes any club sports or any student-led recreational organizations. Requires constituent institutions’ compliance beginning July 1, 2020.
Limits constituent institutions’ derivation of revenue from the use of a student-athlete’s name, image, or likeness by requiring the student-athlete’s written consent and limiting instances to athletic program events. However, allows constituent institutions to condition student-athlete’s participation in an athletic program on the student-athlete consenting to such use.
Creates the nine-member University Student-Athlete Protection Commission (Commission) as part of the UNC System, with members serving four-year terms. Provides for member qualification, appointment, removal, and the filling of vacancies. Sets parameters for Commission officers, meetings, quorum, and member expenses.
Creates the position of Commission Director (Director), appointed by the Commission for a two-year term. Describes parameters for terms, vacancies, and compensation. Prescribes duties to the Director, including the execution of the Commission’s decisions and orders.
Establishes the University Student-Athlete Protection Commission Trust Fund (Commission Trust Fund), administered by the Commission. Requires each constituent institution that has an athletic program to provide 1% of all revenue derived from the sale of tickets to athletic program events in the prior academic year to the Commission Trust Fund no later than July 1, annually. Provides for the use of the Commission Trust Fund to cover specified Commission expenses.
Prescribes the eight powers and duties of the Commission, including (1) establishing and updating health and safety standards for student-athletes, (2) establishing and updating a code of conduct for athletic personnel, (3) creating and maintaining publicly accessible databases related to the protection of student-athletes, (4) conducting surveys of student-athletes, (5) requiring reports from constituent institutions regarding student-athletes’ well-being, (6) coordinating with the Secretary of State to monitor athlete agents in the State, (7) adopting rules to implement Article 37, and (8) performing other duties necessary for Article 37 implementation. Requires the Commission to adopt rules for the health and safety standards and athletic personnel codes of conduct by January 1, 2020, and further mandating constituent institutions’ compliance with these rules beginning July 1, 2020.
Allows student-athletes or athletic personnel at any constituent institution to submit a complaint with the Commission alleging a violation of the health and safety standards, the code of conduct for athletic personnel, or the duties of constituent institutions to student-athletes created pursuant to the Article. Directs the Commission to establish a complaint process. Authorizes the Commission to decline to investigate in certain situations, as described. Provides for the Commission to investigate suspected violations on its own motion upon receipt of a report by athletic personnel, or upon receipt of a complaint not dismissed. Requires the Commission to notify the constituent institution of the alleged violation in writing within 10 business days of the determination to investigate the complaint and mandates constituent institution cooperation. Failure to cooperate is grounds for sanctions by the Commission. Provides for dismissal of a complaint for lack of probable cause after preliminary investigation. Provides for a hearing if the Commission determines the complaint cannot be resolved without a hearing or the constituent institution requests a hearing, with due process and hearing procedures as described. Allows for settlement of investigations. Requires the Commission dispose of investigations by: (1) finding substantial evidence of an alleged violation of a criminal statute and referring the matter to the Attorney General, (2) finding the alleged violation is not established by clear and convincing evidence and dismissing the complaint, or (3) finding the alleged violation of the Article is established by clear and convincing evidence and issuing the appropriate sanction. Requires notice of dismissal of a complaint. Provides for the finality of a Commission decision as to any complaint, except for an appeal of sanctions to the Board of Governors. Provides for confidentiality of complaints, responses, Commission findings, reports, and other investigative documents and records connected to an inquiry under the statute. Allows disclosure if the student-athlete submits a written request that the complaint, response, and finding be made public, or if the Commission finds a violation of the Article has occurred. Requires complaints for violations occurring on or after July 1, 2020, to be submitted to the Commission on or after August 1, 2020.
Authorizes the Commission to issue one or more of seven sanctions in addition to any other remedy or penalty authorized by law, upon consideration of specified factors. Requires the constituent institution to pay costs associated with sanctions. Authorizes the Commission to enter into an alternative agreement with the constituent institution in lieu of sanctions.
Provides for an appeals process to the Board of Governors for sanctions issued by the Commission.
Prohibits retaliation by an interscholastic or amateur athletic organization against any student-athlete or constituent institution in the event a court issues a valid injunctive order permitting the student-athlete to compete in that organization’s event, with violations punishable by a $1,000 to $5,000 civil penalty. Prohibits retaliation by a constituent institution against any student-athlete or athletic personnel for filing a complaint with the Commission, with violations punishable by Commission sanctions.
Provides for pro bono legal assistance for student-athletes for any athletic investigation related to a student's athletic eligibility, directing the Commission to establish a process to certify and assign attorneys. Clarifies that the constituent institution is not required to ensure the availability of a certified attorney to a student-athlete for any criminal or civil matter which does not involve the protection of rights established under GS 116-410(3) (concerning due process in an athletic investigation by the constituent institution related to eligibility). Provides limited immunity to an attorney serving as a certified attorney pursuant to the statute.
Establishes the Injured Student-Athlete Scholarship Trust Fund, maintained by the Commission, to provide scholarships to constituent institutions to award to qualifying students. Requires constituent institutions to provide 1% of all revenue derived from the sale of tickets to athletic program events in the prior academic year to the Commission Trust Fund no later than July 1, annually. Sets parameters for students to qualify, awarding a scholarship, and scholarship funding. Directs the Commission to adopts rules to implement the statute. Applies to qualifying students who sustained injuries during or after the 2016-17 academic year.
Requires the Commission to annually report to the Board of Governors and the specified NCGA committee, no later than August 15 each year, concerning student-athlete protection under the Article. Details the requirements of the report.
Amends GS 163A-152(70) to include the Commission Director in the definition of public servants under the State Government Ethics Act.
Provides for initial appointments of Commission members, no later than July 1, 2019, for specified terms. Requires the Commission to hold an initial meeting no later than August 1, 2019. Directs UNC General Administration to provide temporary staff and meeting space for the Commission until October 1, 2019.
Requires the Commission to study the relationship between student-athletes, constituent institutions, and the National Collegiate Athletic Association from a healthcare perspective. Requires the Commission to examine specified topics in order to make recommendations to improve the health, safety, and welfare of student-athletes. Allows input from other states, stakeholders, and experts on health care. Requires a proposed timeline for the implementation of suggested changes. Requires a report to the specified NCGA committees by December 1, 2020.
Requires the Commission to collaborate with the chief academic officers at each constituent institution to study ways to improve academic support to student-athletes, including considering specified issues. Requires a report to the specified NCGA committee by December 1, 2020.
Requires the Commission to study ways to compensate student-athletes for participating in collegiate athletic programs, including consideration of the specified issues. Requires a report to the specified NCGA committee by December 1, 2021.
Requires the Commission to study how to create a system through which a student-athlete can timely receive records concerning an investigation by the constituent institution of the student-athlete. Sets out issues that must be considered as part of the study. Requires a final report to the specified NCGA committee by December 1, 2021.
Amends GS 116-143.6 to allow the Board of Trustees of a UNC constituent institution to adopt a resolution to consider as North Carolina residents persons who receive full athletic scholarships (was, all persons who receive full scholarships, unless the scholarship is for athletics).
Includes a severability clause.
S 336 (2019-2020) SMART START FUNDS. Filed Mar 21 2019, AN ACT TO PROMOTE YOUNG CHILDREN'S HEALTHY DEVELOPMENT THROUGH CONTINUED INVESTMENT IN THE SMART START PROGRAM.
Identical to H 124, filed 2/19/19.
Includes whereas clauses.
Appropriates $20 million for each year of the 2019-21 biennium from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education, to be allocated to the NC Partnership for Children Inc. to distribute to Smart Start local partnerships. Effective July 1, 2019.
| Intro. by Krawiec, Hise. | APPROP |
S 337 (2019-2020) RETHINKING GUARDIANSHIP. Filed Mar 21 2019, AN ACT TO ESTABLISH A RETHINKING GUARDIANSHIP WORKGROUP TO STUDY AND RECOMMEND CHANGES TO CHAPTER 35A OF THE GENERAL STATUTES.
Establishes the 24-member Rethinking Guardianship Workgroup, to be convened by the Department of Health and Human Services, to study the laws governing guardianship in this state. Specifies nine issues that are to be considered in the study, including a review process and schedule for ongoing guardianship; the rights for those under a temporary, permanent, or limited guardianship; and a strategy to improve the quality, consistency, and availability of Multi-Disciplinary Evaluations. Requires the Workgroup to provide findings and recommendations to the specified NCGA Committee by January 1, 2020. Terminates the Workgroup on January 1, 2020, or upon the submission of its report, whichever occurs first.
| Intro. by Krawiec, Van Duyn. | STUDY |
S 338 (2019-2020) EFFICIENT AND AFFORDABLE ENERGY RATES. Filed Mar 21 2019, AN ACT TO REQUIRE THE NORTH CAROLINA UTILITIES COMMISSION TO ESTABLISH TIERED ELECTRICITY RATES FOR RESIDENTIAL, COMMERCIAL, PUBLIC, AND INDUSTRIAL CUSTOMERS TO ENCOURAGE ENERGY CONSERVATION AND ENERGY EFFICIENCY, TO CREATE AN ENERGY EFFICIENCY BANK TO BE USED FOR LOANS TO CUSTOMERS FOR THE COSTS OF CERTAIN ENERGY EFFICIENCY OR RENEWABLE ENERGY PROJECTS, AND TO CREATE AN INCENTIVE FOR CONSUMERS TO PURCHASE ENERGY STAR QUALIFIED HOUSEHOLD PRODUCTS.
Enacts new GS 62-115.1 requiring the Utilities Commission (Commission) to develop rate structures for residential, commercial, public, and industrial customers of electric public utilities. Sets out six characteristics that the rate structure must have.
Enacts new GS 62-155.2 to create the Energy Efficiency Bank (Bank) to issue loans to customers for investment in energy efficiency and renewable energy projects. Projects are eligible if they result in a lower utility bill for that customer when the bill includes the loan payment due. The Bank funds come from: (1) the proceeds from the avoidable pollution tax levied on the sale of energy inefficient household products, (2) the difference in revenues collected from the highest tiered block of the tiered rate structure and the revenues that would have been due based upon the next lower tiered rate block of the tiered rate structure, (3) the difference in the rate of return on capital expenditures for an electric public utility prior to the closure of a peak demand electric power facility or other peak demand electric power generating source for that utility and the rate of return on capital expenditures for the utility after the closure, and (4) any loan interest paid.
The above sections are effective January 1, 2020.
Effective January 1, 2020, and applicable to tax years beginning on or after that date, enacts new Article 5J, Avoidable Pollution Tax for Certain Energy Inefficient Products, in GS Chapter 105. Imposes a privilege tax on an energy inefficient product retailer for each new energy inefficient product the retailer sells. Imposes an excise tax on a new energy inefficient product sold outside the state for storage or use in the state. Sets the rate for the taxes at 5% of the sales price. Provides for the administration of the tax, exemptions from the tax, and refunds. Requires the taxes, minus the allowance for administrative expenses, to be credited to the Bank.
S 339 (2019-2020) "WE THE PEOPLE" ACT/REFERENDUM. Filed Mar 21 2019, AN ACT TO SUBMIT TO THE VOTERS OF NORTH CAROLINA A REFERENDUM URGING CONGRESS TO PASS AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES DECLARING THAT CONSTITUTIONAL RIGHTS BELONG ONLY TO INDIVIDUALS AND NOT TO CORPORATIONS OR OTHER ARTIFICIAL ENTITIES AND THAT CONSTITUTIONALLY PROTECTED FREE SPEECH EXCLUDES THE UNLIMITED SPENDING OF MONEY ON POLITICAL CAMPAIGN CONTRIBUTIONS.
Includes several whereas clauses.
Subject to statewide voter approval at the statewide election held on November 6, 2018, urges Congress to pass an amendment to the US Constitution declaring that (1) constitutional rights belong only to individuals and not to corporations or other artificial entities and that (2) free speech excludes unlimited spending of money on political campaign contributions.
| Intro. by Van Duyn, Nickel. | CONST |
S 340 (2019-2020) NC SKILLS-GAP STUDY. Filed Mar 21 2019, AN ACT ESTABLISHING THE NORTH CAROLINA SKILLS-GAP STUDY.
Requires the NC Works Commission (Commission) to review and evaluate the State's anticipated workforce demand and educational supply for such demand, to the extent practicable within available resources and subject to the availability of data currently collected by and accessible to State agencies. Requires that the review be conducted in consultation with the Department of Commerce, the Department of Labor, the Department of Public Instruction, The University of North Carolina General Administration, the North Carolina Community College System, and any other entity the Commission deems appropriate. Requires the Commission to submit an initial written report on its findings and recommendations to the Joint Legislative Education Oversight Committee (JLEOC) by February 1, 2020, and its final written report no later than 45 days before the convening of the 2021 General Assembly. Requires progress reports at least every six months. Specifies items that must be included in the report to JLEOC.
| Intro. by Chaudhuri, McInnis, Gunn. | STUDY |
S 341 (2019-2020) GOVERNMENT IMMIGRATION COMPLIANCE. Filed Mar 21 2019, AN ACT TO REPEAL LAW ENFORCEMENT AUTHORITY TO USE PROHIBITED FORMS OF IDENTIFICATION UNDER CERTAIN CIRCUMSTANCES, TO CREATE ADDITIONAL INCENTIVES FOR LOCAL GOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION, TO CREATE A PRIVATE CAUSE OF ACTION TO REMEDY LOCAL GOVERNMENT NONCOMPLIANCE WITH STATE IMMIGRATION LAWS, TO PROHIBIT UNC CONSTITUENT INSTITUTIONS FROM BECOMING SANCTUARY UNIVERSITIES, AND TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF HOMELAND SECURITY.
Identical to H 135, filed 2/20/19.
Part I
Recodifies GS 15A-311 (Consulate documents not acceptable as identification) as GS 64-6.
Amends GS 64-6, as recodified above, deleting language in subsection (c), which previously allowed law enforcement officers to use identity documents issued or created by individuals, organizations, or local governments for the purpose of assisting in determining the identity of a person when no other such documents are available. Makes a technical change to the section's catchline.
Effective July 1, 2019.
Part II
Enacts new GS Chapter 64, Article 3, Local Government Noncompliance with State Laws Related to Immigration, setting out specific findings of the General Assembly, including that the policy objectives of the General Assembly are frustrated when cities, counties, and law enforcement agencies do not uniformly comply with State law and that supreme power and complete discretion over State funds appropriations can be used to create additional incentives for compliance. Sets out three definitions in use for the Article, including affected local government, law enforcement agency, and state law related to immigration - defined as GS 64-6(b) (prohibition on adopting policy or ordinance to accept excluded documents as valid id), GS 153A-145.5 (prohibition on adoption of sanctuary ordinances), or GS 160A-205.2.
Directs the Attorney General (AG) to create a form upon which individuals can allege that a city, county, or law enforcement agency is currently not in compliance with a State law related to immigration. The form is to be made available on the AG's website and once completed the form should be sent to the AG. No Social Security number or notarization is required on the form. Anonymous statements submitted on a nonprescribed form are not prohibited from consideration, but all complaints or allegations must be made having a good faith belief.
Requires the AG to begin an investigation into the allegations of noncompliance within 45 days of receipt of filed statement, with a final determination and conclusion of the investigation within 60 days of the investigation's commencement. The AG is authorized to ask for assistance from the State Bureau of Investigation in conducting the investigation. Further directs local governments to produce records or documents related to the investigation within 10 business days of request by the AG. Provides that statements, records, reports, and other investigative documents are confidential and not public records until the investigation is complete or 60 days have elapsed since the investigation was commenced. Authorizes local governments to request that confidential documents be made public.
Sets out consequences of a determination that a local government is not in compliance with State law related to immigration. Consequences include ineligibility for specified state distributions for a year (which can be extended upon continued non-compliance) and that the AG will notify the affected local governments, the chairs of the Appropriations Committees of the Senate and House of Representatives, the chairs of the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, and the Secretary of Revenue. Also includes provisions detailing consequences of the AG receiving notification of noncompliance with E-verify, which include all of the above consequences. Sets out specific entities that receive the consequences of noncompliance with E-Verify regulations.
Sets out procedures and administrative guidelines for the AG, including reporting requirements. Requires the AG to maintain a database of those entities ineligible for funds and to report to the Joint Legislative Commission on Governmental Operations on a quarterly basis concerning the numbers of statements, investigations, consequences rendered, and the names of those entities found not to be in compliance.
Sets out the procedure for appealing a determination made by the AG.
Allows the AG to designate a person to carry out the AG's duties under this Article. Requires the AG to adopt rules necessary to implement the Article.
Allows a person residing in a city, county, or law enforcement agency that the person believes is not complying with a State law related to immigration to bring an action for declaratory and injunctive relief and sets out the procedure for doing so. Requires the court to impose a civil penalty against any city, county, or law enforcement agency that fails to comply with an order issued as a result of such an action of up to $10,000 per day for each day of noncompliance.
Amends GS 64-33.1 by adding provisions specifying actions to be taken when a local entity or local school administrative unit violates GS 143-133.3, which sets our requirements for E-verify compliance.
Requires the AG's office to take steps to notify local governments of the act's provisions.
Makes conforming change to GS 136-41.1, GS 105-113.82, GS 105-164.44F, GS 105-164.44I, GS 105-164.44L, and GS 105-187.19.
Enacts new GS 115C-52 requiring the Commissioner of Labor to include notice to the Superintendent of Public Instruction when notifying a local board of education that a local board of education is not in compliance with GS 143-133.3 (concerning E-verify compliance). Prohibits allocating state funds to pay the local superintendent's salary for one 12-month period (to be extended upon continued noncompliance). Requires notification to six listed entities of the determination that the local board of education is not in compliance with GS 143-133.3 and of the period of ineligibility for state funds to be used for the salary of the local school superintendent.
Effective July 1, 2019.
Part III
Amends GS 153A-145.5 (prohibiting counties from adopting sanctuary ordinances) and GS 160A-205.2 (prohibiting cities from adopting sanctuary ordinances) to establish a private cause of action for declaratory and injunctive relief for any person who resides within the jurisdiction of a county or city, respectively, that the person believes is not in compliance with the statute. Requires the court to award the prevailing party reasonable attorneys' fees and court costs. Additionally imposes a civil penalty of up to $10,000 per day against any county or city that fails to comply with an order issued as a result of an action pursuant to the statute.
Effective July 1, 2019.
Part IV
Further amends GS 153A-145.5 and GS 160A-205.2 by adding that a county or city, respectively, that is in violation of the statute has waived its governmental immunity.
Enacts new GS 153A-435.1 (applicable to counties) and GS 160A-485.1 (applicable to cities) specifying that the county or city has waived its civil liability immunity if it does not comply with the applicable statute prohibiting sanctuary ordinances and an unauthorized alien commits a crime within the county or city. The immunity is waived whether or not the county or city has purchased insurance.
Part V
Enacts new GS 116-40.13 prohibiting constituent institutions from having policies or procedures that limit or restrict the enforcement of federal immigration law. Prohibits constituent institutions from doing the following related to citizenship or immigration status: (1) prohibit law enforcement officials or agencies from gathering such information, (2) direct law enforcement officials or agencies not to gather such information, or (3) prohibit the communication of such information to federal law enforcement agencies. Sets out the procedure for investigating reported violations. Upon determining that there has been a violation, requires the Board of Governors to immediately revoke the constituent institution's status as a special responsibility constituent institution for the fiscal year, which may be extended upon continued noncompliance.
Part VI
Requires the Secretary of the Department of Public Safety to enter into a Memorandum of Agreement (MOA) with the Director of U.S. Immigration and Customs Enforcement (ICE) to allow designated State law enforcement officers to perform immigration law enforcement functions. Specifies training those officers are to receive and provides that they will be under the supervision of ICE officers when performing under the MOA.
S 342 (2019-2020) NC MILITARY BUSINESS CENTER FUNDS. Filed Mar 21 2019, AN ACT TO APPROPRIATE ADDITIONAL FUNDS TO SUPPORT THE OPERATIONS OF THE NC MILITARY BUSINESS CENTER.
Includes whereas clauses.
Appropriates from the General Fund to the Community Colleges System Office $1 million for the 2019-20 fiscal year and $1 million for the 2020-21 fiscal year in additional funds to support the operations of the NC Military Business Center (Center).
Provides that the funds allocated to the Center cannot be reduced in order to meet any portion of a management flexibility reduction.
Effective July 1, 2019.
| Intro. by D. Davis, Burgin, Edwards. | APPROP |
S 343 (2019-2020) VARIOUS EDUCATION LAW CHANGES. (NEW) Filed Mar 21 2019, AN ACT TO MAKE VARIOUS CHANGES TO LAWS RELATED TO EDUCATION.
Makes the following repeals: GS 116C-5(e) (annual reporting requirement of the Education Cabinet on STEM education priorities); Section 7.28(g) of SL 2007-323 (annual reporting requirement of the Education Cabinet on e-learning); GS 116-4(c) (annual reporting requirement of the Education Cabinet on First in America Innovative Education Initiatives); and Section 9.5(b) of SL 2017-57 (one-time reporting requirement of the State Board of Community Colleges on high-cost workforce courses, due March 1, 2019).
Amends GS 116E-4 to make the Governmental Data Analytics Center's report on the North Carolina Longitudinal Data System due annually rather than quarterly, beginning July 1, 2019.
Amends GS 115C-107.5 to make organizational and clarifying changes to the provisions, concerning the State Board's annual reporting requirement on the implementation of Article 9, Education of Children With Disabilities. Adds to the information the State Board must include in its annual report, integrating the information required of the annual reporting requirement of the State Board set out in Section 8.30 of SL 2015-241 regarding the development of any policies related to improving outcomes for elementary and secondary school students with disabilities. Moves the specified policy developments and implementations which must be reported under Section 8.30(b), now requiring they be included in the report required under GS 115C-107.5, as amended. Repeals Section 8.30(b) of SL 2015-241, thereby eliminating the annual reporting requirement of that provision.
Amends GS 115C-156.2, modifying the annual reporting requirement of the State Board regarding career and technical education courses, to now include, beginning in 2019, information on the implementation of high school diploma endorsements, including adding college, career, and college and career endorsements to high school diplomas through evaluation of specified data, thereby integrating information required to be reported annually by the State Board under Section 1(b) of SL 2013-1 and GS 115C-12(40). Makes conforming deletions in Section 1(b) of SL 2013-1 and GS 115C-12(40).
Amends GS 115D-5, to require the State Board of Community Colleges to consider whether a regional approach can be used when developing new programs and initiate new programs on a regional basis, thereby integrating the identical requirement set out in Section 8.2 of SL 2002-126. Eliminates the State Board of Community Colleges's annual reporting requirements set out in GS 115D-5(f) and GS Section 8.2 of SL 2002-126 regarding approval of new programs and program terminations. Instead, adds a new requirement to GS 115D-5 to require the State Board of Community Colleges to collect data on an annual basis on all new programs and program terminations it approved and any regionalization of programs during the year, including specified reasons for which each program was terminated or approved.
Amends GS 115D-5, shifting the annual reporting requirement described concerning tuition waivers to the Community Colleges System Office (was, State Board of Community Colleges).
Amends GS 115C-238.55, which requires the State Board and the governing board of cooperative innovative high schools to submit an annual joint report on the schools' evaluation. Establishes that the report must be combined with the evaluation of the Career and College Promise Program required by GS 115D-5(x). Places responsibility of submitting the combined report on the Community Colleges System Office. Makes conforming changes to GS 115D-5(x).
Amends GS 115D-5.1, shifting the annual reporting requirement described concerning the Customized Training Program from the State Board of Community Colleges to the Community Colleges System Office. Adds that the report is to be submitted no later than September 1. Makes technical changes.
Amends GS 115D-9, shifting the annual reporting requirement described concerning capital improvement projects from the State Board of Community Colleges to the Community Colleges System Office. Adds that the report is to be submitted no later than October 1. Makes technical changes.
Amends GS 115D-11.6 by amending the Apprenticeship Council’s reporting requirements to require that by September 1 of each year (was, no less than once a year) the Council must make a report through the Community Colleges System Office. Amends the entities that are to receive the report to now require that it be given to the Joint Legislative Education Oversight Committee, chairs of the Senate Appropriations Committee on Education/Higher Education, and the chairs of the House of Representatives Appropriations Committee on Education (was, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, chairs of the Senate Appropriations Committee on Agriculture, Natural and Economic Resources, and the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources).
Amends GS 126-8.3 by amending which entities must report annually on the voluntary shared leave program to include the Department of Public Instruction instead of the State Board of Education and the Community Colleges System Office instead of the State Board of Community Colleges.
Amends SL 2013-360, Section 8.21, to require Teach for America to submit updates to its annual report on program candidates, recruitment and retention, and financial accounting biannually instead of quarterly.
Amends GS 115C-174.12 to require the State Board to submit its annual report on the statewide administration of the testing program by December 15 instead of November 1.
Amends GS 115C-218.110 to require the State Board’s annual report on specified information concerning charter school effectiveness to be submitted by February 15 instead of January 15.
S 344 (2019-2020) ALLOW COMMON AREA ENTERTAINMENT ABC PERMIT. Filed Mar 21 2019, AN ACT TO AUTHORIZE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE COMMON AREA ENTERTAINMENT PERMITS TO ALLOW A CUSTOMER OF AN ABC LICENSED PREMISES LOCATED IN A SHOPPING MALL TO CONSUME AN ALCOHOLIC BEVERAGE PURCHASED FROM THE LICENSED PREMISES WITHIN A DESIGNATED INDOOR OR OUTDOOR COMMON AREA ON THE SHOPPING MALL PROPERTY.
Amends GS 18B-1001 by creating a common area entertainment permit to be issued to the owner of a shopping mall that has at least one tenant that holds an on-premises malt beverage permit, on-premises unfortified wine permit, on-premises fortified wine permit, or mixed beverages permit. The permit allows the customer of a shopping mall tenant holding one of those specified permit types to exit the licensed premises with an open container of alcohol sold by the tenant and consume the beverage within the confines of any common area on the premises of the shopping mall that is designated for such consumption. Defines a shopping mall as a building or structure, or multiple buildings and structures on the same property and under common ownership or control, that contain or contains multiple businesses that sell food, goods, services, or a combination of food, goods, and services, and that are connected by common areas. Sets out eight additional conditions that apply to a common area entertainment permit, including that alcoholic beverages sold for consumption in a designated common area must be dispensed only in a paper or plastic cup bearing the name, logo, or name and logo of the licensed premises from which the beverage was purchased and limits the amount to 16 fluid ounces, prohibits a customer from possessing or consuming more than one alcoholic beverage at a time while within the designated common area, and requires a customer in the designated common area to dispose of any alcoholic beverage prior to exiting the designated common area.
Amends GS 18B-902 by setting the permit fee at $750.
Allows the Alcoholic Beverage Control Commission to adopt temporary rules to implement the act's requirements.
Effective July 1, 2019.
| Intro. by Woodard, Gunn. | GS 18B |
S 345 (2019-2020) ADOPT STATE NICKNAME. Filed Mar 21 2019, AN ACT TO ADOPT "THE OLD NORTH STATE" AS THE OFFICIAL NICKNAME OF THE STATE OF NORTH CAROLINA.
Enacts GS 149-3, adopting "the Old North State" as the official State nickname. Makes conforming changes to GS Chapter 149.
| Intro. by D. Davis. | GS 149 |
S 346 (2019-2020) NONPROFIT SALES TAX EXEMPTION. Filed Mar 21 2019, AN ACT TO PROVIDE A SALES TAX EXEMPTION FOR CERTAIN NONPROFIT ENTITIES.
Repeals GS 105-164.14(b), authorizing tax refunds for certain nonprofit entities and hospital drugs.
Amends GS 105-164.13 to add a new sales tax exemption for tangible personal property, digital property, and services for use in carrying on the work of seven specified entities, so long as the entity is not owned or controlled by the State.
The exemption applies to (1) nonprofit hospitals, including hospitals and medical accommodations operated by an authority or other public hospital described in Article 2 of GS Chapter 131E; (2) organizations exempt from income tax under 501(c)(3) of the Internal Revenue Code (Code) and not classified in the National Taxonomy of Exempt Entities major group areas of Community Improvement and Capacity Building, Public and Societal Benefit, or Mutual and Membership Benefit; (3) volunteer fire departments and volunteer emergency medical services squads exempt from income tax under the Code, financially accountable to a city as defined in GS 160A-1, a county, or a group of cities and counties, or both; (4) organizations that are single member LLCs disregarded for income purposes so long as the owner of the LLC is an organization exempt from income tax under 501(c)(3) of the Code, the LLC is a nonproft entity that would be eligible for an exemption under 501(c)(3) of the Code if it were not disregarded for income tax purposes, and the LLC is not an organization that would be properly classified in the National Taxonomy of Exempt Entities major group areas of Community Improvement and Capacity Building, Public and Societal Benefit, or Mutual and Membership Benefit; (5) qualified retirement facilities whose property is excluded from property tax under GS 105-278.6A; (6) university-affiliated nonprofit organizations, including an entity exempt from taxation as a disregarded entity of the nonprofit organization, that procures, designs, constructs, or provides facilities to or for use by a constituent UNC institution; and (7) over-the-counter drugs purchased for use in carrying out the work of a hospital not listed in one of the above entities.
Specifies this exemption includes indirect sales to a nonprofit entity of digital property and tangible personal property purchased by a real property contractor that becomes a part of or permanently installed or applied to any building or structure owned or leased by the nonprofit entity and is being erected, altered, or repaired for use by the nonprofit entity for carrying on its nonprofit activities. Further specifies that a sale to fulfill a real property contract with an entity that holds an exemption certificate is exempt to the same extent as if purchased directly by the entity that holds the exemption certificate. Requires a real property contractor that purchases an item allowed an exemption to provide (1) an exemption certificate to the retailer that includes the name of the nonprofit entity holding the exemption certificate, (2) the exemption certificate number issued to that holder, and (3) the information required pursuant to GS 105-164.28.
Specifies that this exemption does not apply to (1) purchases of electricity, telecommunications service, ancillary service, piped natural gas, video programming, a prepaid meal plan, aviation gasoline and jet fuel, and spirituous liquor or (2) sales and use tax liability indirectly paid by a nonprofit entity through reimbursement to an authorized person of the entity for tax incurred by the person on an item or transaction subject to tax under Article 5 of GS Chapter 105.
Caps the aggregate annual exemption allowed to an entity under this provision for a fiscal year at $31,700,000. Directs the real property contractor who pays local sales and use taxes on property qualifying for an exemption under this provision on behalf of an entity to give the entity for whose project the property was purchased a signed statement with the date the property was purchased, the type of property purchased, the project for which the property was used, and the county in which the property was purchased in this State or used if purchased in another State. Directs the real property contractor to attach a copy of the sales or purchase receipt to the statement if the property was purchased in this State.
Enacts GS 105-164.29C, requiring a nonprofit entity to obtain a sales tax exemption number from the Department of Revenue (Department) to be eligible for the exemption provided in GS 105-164.13(52a), enacted above. Directs the Department Secretary to assign a sales tax exemption number to a nonprofit entity that submits a proper application, as specified. Requires a nonprofit entity that does not use the items purchased with its exemption number to pay the tax that would have been paid on the items purchased, plus interest from the date the tax would otherwise have been paid.
Amends GS 105-467(b), concerning exemptions and refunds for local sales and use tax. Provides that the State exemptions and exclusions contained in Article 5 of GS Chapter 105 (Sales and Use Tax) apply to the local sales and use tax authorizes to be levied and imposed under Article 39 (currently, specifies only exemptions and exclusions in GS 105-164.13 and GS 105-164.57A apply). Caps the aggregate annual local exemption amount allowed an entity under new GS 105-164.13(52a) for a fiscal year at $13,300,000 in tax.
Makes conforming changes to GS 105-467(b).
Amends GS 105-236(a)(5a) to add that the offense of misusing of an exemption certificate under this subdivision, penalized by a $250 penalty, includes improper use of a certificate of exemption issued to a nonprofit entity pursuant to GS 105-164.29C, as enacted, for direct and indirect purchases by the entity or another person.
Effective October 1, 2019, and applies to sales and purchases made on or after that date. Does not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended or repealed by this act before the effective date of its amendment or repeal, and does not affect the right to any refund or credit of a tax that accrued under the amended or repealed statute before the effective date of its amendment or repeal.
| Intro. by D. Davis. | GS 105 |
The Daily Bulletin: 2019-03-21
LOCAL/HOUSE BILLS
H 429 (2019-2020) NAVIGABLE WATERS/MANTEO/HYDE (NEW) Filed Mar 21 2019, AN ACT AUTHORIZING THE TOWN OF MANTEO TO REGULATE NAVIGABLE WATERS WITHIN ITS CORPORATE LIMITS AND ADDING CERTAIN DESCRIBED NAVIGABLE WATERS TO THE CORPORATE LIMITS OF THE TOWN OF MANTEO FOR THAT PURPOSE AND AUTHORIZING THE COUNTY OF HYDE TO REGULATE CERTAIN NAVIGABLE WATERS WITHIN THAT COUNTY.
Substantively identical to S 215, filed 3/11/19.
Authorizes Manteo to make, adopt, and enforce ordinances for the navigable waters within its municipal limits as to: (1) operation of boats and vessels and types of activities conducted on the navigable waters within the Manteo municipal limits; (2) restricting the anchoring and mooring of boats and vessels as to location and generally regulating the anchoring and mooring of vessels within its navigable waters; (3) placing and maintaining channel aids and markers, anchoring aids and markers, and navigational aids and markers in conformity with the US Aids to Navigation System and the rules of the Wildlife Resources Commission as adopted for use on the waters of the state; (4) making all reasonable rules and regulations as it deems necessary for the safe and proper use of the navigable waters within Manteo's municipal limits; (5) providing for the enforcement of ordinances adopted by Manteo under this act. State or federal rules or regulations supersede the city ordinance in the event of a conflict. Gives duly sworn law enforcement officers of the city the authority to enforce ordinances adopted under this act.
Adds the described property, which includes navigable waters, to Manteo's corporate limits and exempts it from taxation by Manteo.
Effective July 1, 2019.
| Intro. by Hanig. | Dare |
H 435 (2019-2020) PUBLIC MEETING/SIMULTANEOUS COMMUNICATION/W-S. Filed Mar 21 2019, AN ACT TO CLARIFY HOW PUBLIC BODIES IN WINSTON-SALEM MAY CONDUCT BUSINESS DURING MEETINGS INVOLVING SIMULTANEOUS COMMUNICATION.
Applies to Winston-Salem only.
Amends GS 143-318.13 by allowing public bodies to conduct official meetings with simultaneous communication only when a member of the public body is unable to physically attend the official meeting due to a medical condition of the member or member's immediate family member. Requires the adoption of rules of procedure governing the conduct of such a meeting before the meeting is conducted and requires that the procedure address at least five specified issues. Counts a member participating from a remote location by simultaneous communication as present for purposes of a quorum, and counts votes made by the member if the specified conditions apply to the official meeting. Requires that if an official meeting is held using simultaneous communication, the public body must provide a location and means for the public to listen to the meeting and requires that the location be specified in the official meeting notice. Makes additional clarifying and conforming changes.
Amends GS 143-318.10 by defining simultaneous communication as any communication by conference telephone or other electronic means. Makes conforming changes.
Effective June 1, 2019, and ratifies any vote taken by a public body that included a member voting by simultaneous communication by conference telephone or other electronic means before that date.
| Intro. by Montgomery. | Forsyth |
H 436 (2019-2020) EXPAND LOCAL OPTION SALES TAX FOR EDUCATION. Filed Mar 21 2019, AN ACT TO GIVE CABARRUS COUNTY GREATER FLEXIBILITY TO USE LOCAL OPTION SALES TAX REVENUES FOR EDUCATION.
Applies only to Cabarrus County.
Enacts Article 43A, County Sales and Use Tax for Public Education, to GS Chapter 105 providing that the purpose of the Article is to give the counties of this State an opportunity to obtain an additional source of revenue with which to meet their public education needs.
Authorizes counties to levy a local sales and use tax at a rate of 1/4% or 1/2% if approved by the voters in a referendum. Requires the tax to be equal to the rate that could be levied in that county under Article 43 of GS Chapter 105 (Local Government Sales and Use Taxes for Public Transportation), and prohibits a tax levied under Article 43A to be in effect in a county at the same time as a tax levied by that county or in that county under Article 43 of GS Chapter 105. Sets out additional procedures and requirements for administration of the tax. Exempts from the tax food exempt under GS 105-467(a)(5a) and the sales price of a bundled transaction taxable under GS 105-467(a)(5a). Allows counties to use proceeds from the tax only for public school capital outlay purposes, as defined in GS 115C-426(f), or to retire any indebtedness incurred by the county for these purposes.
Enacts GS 105-506.3 to make conforming changes prohibiting a tax levied under Article 43 of GS Chapter 105 to be in effect at the same time as a tax levied by that county under new Article 43A of GS Chapter 105.
Amends GS 105-164.3(4a) to define combined general rate as the term is used in Article 5 of GS Chapter 105 (Sales and Use Tax) as the sum of: (1) the State's general rate of tax set in GS 105-164.4(a); (2) the sum of the rates of the local sales and use taxes authorized for every county in this state by Article 39 of GS Chapter 105 (Local Government Sales and Use Tax) or Chapter 1096 of SL 1967 (Mecklenburg County specific sales and use tax), Article 40 of GS Chapter 105 (First One-Half Cent Local Government Sales and Use Tax), and Article 42 of GS Chapter 105 (Second One-Half Cent Local Government Sales and Use Tax) (currently, the sum of the rates of the local sales and use taxes authorized by Subchapter VIII of GS Chapter 105 for every county in this state); and (3) one-half of the maximum rate of tax authorized by Article 46 of GS Chapter 105 (One-Quarter Cent County Sales and Use Tax; currently not included in the combined general rate).
| Intro. by Johnson, Sasser. | Cabarrus |
The Daily Bulletin: 2019-03-21
LOCAL/SENATE BILLS
S 4 (2019-2020) EXTEND TERMS OF 2 MEMBERS/COASTAL CAROLINA CC. Filed Jan 30 2019, AN ACT TO EXTEND THE TERMS OF OFFICE OF CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA COMMUNITY COLLEGE.
AN ACT TO EXTEND THE TERMS OF OFFICE OF CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA COMMUNITY COLLEGE. Enacted March 21, 2019. Effective March 21, 2019.
| Intro. by Brown. | Onslow |
ACTIONS ON BILLS
Actions on Bills: 2019-03-21
PUBLIC BILLS
H 8: IN-STATE TUITION PILOT PROGRAM. (NEW)
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 18: ALLOW ABSENTEE BALLOTS/FIRE DISTRICT ELECTION.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 51: OFFICIAL AZALEA FESTIVAL.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 56: ARTS EDUCATION REQUIREMENT.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 85: EMISSIONS/LEE, ONSLOW, & ROCKINGHAM COUNTIES. (NEW)
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 120: CLARIFY FIRE DISTRICT FUNDING ELIGIBILITY.
House: Reptd Fav Com Substitute
House: Re-ref Com On Finance
H 125: GSC REVISED UNIFORM ATHLETE AGENTS ACT.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 147: CONFIRM RAYMOND GRACE/BANKING COMMISSIONER.
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 179: MINI-TRUCK CLASSIFICATION.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 263: FILL VACANCIES/MODIFY 2018 APPOINTMENTS.
Senate: Reptd Fav
H 283: CONNER’S LAW.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 310: CLARIFY INSURANCE PROD'R CRIM. BCKGRD CHECK.
House: Reptd Fav
House: Re-ref Com On Judiciary
H 380: AERIAL ADVENTURE COURSES/SANDERS' LAW.
House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
House: Withdrawn From Com
House: Re-ref to the Com on Insurance, if favorable, Judiciary, if favorable, Rules, Calendar, and Operations of the House
House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
House: Withdrawn From Com
House: Re-ref to the Com on Judiciary, if favorable, Insurance, if favorable, Rules, Calendar, and Operations of the House
H 393: MODERNIZING SEXUAL ASSAULT LAWS.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 394: OFFICIAL STATE COOKIE. (NEW)
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
H 395: REGULATE CHALLENGE COURSES.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Insurance, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 396: MUNICIPAL LOCAL OPTION SALES TAX.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 397: REVISE APPROVAL OF STUDENT/EMPLOYEE ID/VOTING.
House: Passed 1st Reading
House: Ref to the Com on Elections and Ethics Law, if favorable, Rules, Calendar, and Operations of the House
H 398: INFO. TECH. BUDGET/2019-2021 FISCAL BIENNIUM. (NEW)
House: Passed 1st Reading
House: Ref to the Com on Energy and Public Utilities, if favorable, Appropriations, Information Technology, if favorable, Appropriations, 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, Appropriations, Information Technology, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 399: EXTEND TAX CREDITS/OTHER FINANCE CHANGES. (NEW)
House: Passed 1st Reading
House: Ref to the Com on Commerce, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on Commerce, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on Commerce, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 400: OMNIBUS LABOR LAW CHANGES.
House: Passed 1st Reading
House: Ref to the Com on Commerce, if favorable, Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 401: ENACT MEDICAL CANNABIS ACT.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Judiciary, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 402: UNC CAPITAL PROJECTS.
House: Passed 1st Reading
House: Ref to the Com on Education - Universities, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 403: INTER-GENERATIONAL COMMUNITY CENTER FUNDS.
House: Passed 1st Reading
House: Ref to the Com on Education - Universities, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 404: PROVISIONAL DRIVERS LICENSE/ADD. ACTIVITIES.
House: Passed 1st Reading
House: Ref to the Com on Transportation, if favorable, Rules, Calendar, and Operations of the House
H 406: FUNDS/KIDSENSES CHILDREN'S MUSEUM.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Appropriations, General Government, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 407: SPINDALE DRAINAGE.
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 408: EXPAND TEACHING FELLOWS PROGRAM.
House: Passed 1st Reading
House: Ref to the Com on Education - Universities, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 409: LEGALIZE FDA-APPROVED SCHEDULE VI DRUGS.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 410: REQUIRE GENERATORS/NURSING & ADULT CARE HOMES.
House: Passed 1st Reading
House: Ref to the Com on Aging, if favorable, Rules, Calendar, and Operations of the House
H 411: MODIFY SCHOOL QUAL./STUDENT SUCCESS INDICATOR.
House: Passed 1st Reading
House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House
H 412: ADOPT STATE POULTRY FESTIVAL.
House: Passed 1st Reading
House: Ref to the Com on Agriculture, if favorable, Rules, Calendar, and Operations of the House
H 413: FUNDS TO SUPPORT GREENSBORO/US FIGURE SKATING.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Appropriations, General Government, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 414: REGIONAL WATER SYSTEMS AND STATE GRANTS.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
H 415: PHOTOS OF JUVENILES/SHOW-UPS.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 416: JUSTICE/JUDGE MAY COMPLETE TERM PAST AGE 72.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 417: FOOD COMMERCIALIZATION 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 424: FUNDS FOR RECOGNITION OF NC TRIBES.
House: Filed
H 425: IMPLEMENT CONNER'S LAW. (NEW)
House: Filed
House: Filed
H 426: EDUCATORS' PAY INCREASES/RETIREE SUPPLEMENTS. (NEW)
House: Filed
House: Filed
H 427: ADD'L DISTRICT COURT JUDGE DISTRICT 18.
House: Filed
H 428: K-3 READING AND LITERACY IMPROVEMENT ACT.
House: Filed
H 430: SCHOOL ETHICS TRAINING & FINANCE OFFICERS.
House: Filed
H 431: FIBER NC ACT.
House: Filed
H 432: WATER/SEWER TO CONTIGUOUS DWELLING UNITS.
House: Filed
H 433: ECONOMICS & FINANCIAL LITERACY ACT.
House: Filed
H 434: SUICIDE RISK REF./MENTAL HEALTH/TEEN VIOLENCE.
House: Filed
H 437: EDUCATION ON THE HOLOCAUST AND GENOCIDE.
House: Filed
H 438: CAMPUS POLICE/PRIVATE IHE/CC WAIVER.
House: Filed
H 439: REDUCE TASC CASELOADS/FUNDS.
House: Filed
H 440: STUDY/REGIONAL BEHAVIORAL HEALTH CENTER.
House: Filed
S 6: DARE COUNTY/CC CONSTRUCTION FUNDS.
Senate: Ratified
S 9: FEMALE GENITAL MUTILATION/CLARIFY PROHIBITION.
Senate: Withdrawn From Cal
Senate: Placed On Cal For 03/25/2019
S 95: VETERANS MEMORIAL FUNDS/DO NOT REVERT.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
S 156: SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)
Senate: Withdrawn From Cal
Senate: Placed On Cal For 03/25/2019
Senate: Withdrawn From Cal
Senate: Placed On Cal For 03/25/2019
Senate: Withdrawn From Cal
Senate: Placed On Cal For 03/25/2019
S 202: MODIFY PROTECTIVE SERVICES LAW/ALE. (NEW)
Senate: Reptd Fav
Senate: Reptd Fav
S 225: REPEAL TUITION SURCHARGE.
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
S 251: MODERNIZATION OF DRUG COURT PROGRAM.
Senate: Withdrawn From Com
Senate: Re-ref to Judiciary. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate
S 280: SBCC ELECTIONS.
Senate: Ratified
Senate: Ch. Res 2019-5
S 297: CANCER RESEARCH ADVISORY PANEL.
Senate: Withdrawn From Com
Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate
S 314: RESPECT FOR FAMILIES OF LAW ENFORCEMENT.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 315: NORTH CAROLINA FARM ACT OF 2019-20. (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 316: AFFORDABLE HOUSING.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 317: SENIOR CITIZEN CLASS AUDIT CHANGES.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 318: PARENTS' RIGHT TO KNOW.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 319: MODIFY WEIGHTING/SCHOOL PERFORMANCE GRADES.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 320: REGIONAL WATER SYSTEMS AND STATE GRANTS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 321: FEDERAL MOTOR CARRIER SAFETY/PRISM. (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 322: INSURANCE FRAUD PREVENTION AMENDMENTS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 323: EXEMPT VASCULAR ACCESS PROVIDERS FROM CON.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 324: CITY-PIPED GAS EXCISE TAX SHARE MODIFICATION.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 325: BIRTH FREEDOM ACT.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 326: TRAVEL AND TOURISM FUNDING.
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 327: TIMBER LARCENY/STRENGTHEN LAWS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 328: INCREASE RQMTS. FOR SMALL STRUCTURAL FILLS.
Senate: Filed
S 329: K-3 READING AND LITERACY IMPROVEMENT ACT.
Senate: Filed
S 330: STATE PROP.- UTILIZE LICENSED LAND SURVEYORS.
Senate: Filed
S 331: REACT VEHICLES/REG. PLATE/LIGHTS & SIRENS.
Senate: Filed
S 332: CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS.
Senate: Filed
S 333: SUDDEN CARDIAC ARREST TASK FORCE.
Senate: Filed
S 334: MARTIN COUNTY EMERGENCY FACILITIES FUNDS.
Senate: Filed
S 335: UNIVERSITY STUDENT-ATHLETE PROTECTION COMM.
Senate: Filed
S 336: SMART START FUNDS.
Senate: Filed
S 337: RETHINKING GUARDIANSHIP.
Senate: Filed
S 338: EFFICIENT AND AFFORDABLE ENERGY RATES.
Senate: Filed
S 339: "WE THE PEOPLE" ACT/REFERENDUM.
Senate: Filed
S 340: NC SKILLS-GAP STUDY.
Senate: Filed
S 341: GOVERNMENT IMMIGRATION COMPLIANCE.
Senate: Filed
S 342: NC MILITARY BUSINESS CENTER FUNDS.
Senate: Filed
S 343: VARIOUS EDUCATION LAW CHANGES. (NEW)
Senate: Filed
Senate: Filed
S 344: ALLOW COMMON AREA ENTERTAINMENT ABC PERMIT.
Senate: Filed
S 345: ADOPT STATE NICKNAME.
Senate: Filed
S 346: NONPROFIT SALES TAX EXEMPTION.
Senate: Filed
Actions on Bills: 2019-03-21
LOCAL BILLS
H 80: ROANOKE RAPIDS LAKE/UNATTENED EQUIP. (NEW)
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 98: MACON/CLAY/NO RIGHT-OF-WAY SPOTLIGHTING.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 115: EVEN-YR. ELECTIONS/TOWN OF BILTMORE FOREST.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 181: YANCEYVILLE/GREENSBORO/MCDOWELL CTY BD ED. (NEW)
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 392: VILLAGE OF CLEMMONS/DEANNEXATION.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 405: SCHOOL CALENDAR FLEXIBILITY/ROBESON COUNTY.
House: Passed 1st Reading
House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House
H 429: NAVIGABLE WATERS/MANTEO/HYDE (NEW)
House: Filed
House: Filed
H 435: PUBLIC MEETING/SIMULTANEOUS COMMUNICATION/W-S.
House: Filed
H 436: EXPAND LOCAL OPTION SALES TAX FOR EDUCATION.
House: Filed
S 4: EXTEND TERMS OF 2 MEMBERS/COASTAL CAROLINA CC.
Senate: Ratified
Senate: Ch. SL 2019-7
S 63: CITY OF KANNAPOLIS/ANNEXATION.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
S 84: WALKERTOWN ZONING AUTHORIZATIONS.
Senate: Withdrawn From Cal
Senate: Placed On Cal For 03/25/2019
S 272: ZONING FOR UNIVERSITY FACILITIES-DURHAM.
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
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