House committee substitute to the 2nd edition makes the following changes.
Modifies proposed GS 105-277.1E, which provides a property tax homestead exclusion for a qualifying owner/surviving spouse of an emergency personnel officer, to make clarifying and organizational changes to the definition of emergency personnel officer.
The Daily Bulletin: 2019-03-27
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The Daily Bulletin: 2019-03-27
PUBLIC/HOUSE BILLS
H 118 (2019-2020) COVID-19 LIAB. SAFE HARBOR. (NEW) Filed Feb 19 2019, AN ACT TO PROVIDE LIMITED IMMUNITY FROM LIABILITY FOR CLAIMS BASED ON TRANSMISSION OF CORONAVIRUS DISEASE 2019 (COVID-19).
H 119 (2019-2020) FEES TO CERTIFY AS A COMPANY POLICE AGENCY. Filed Feb 19 2019, AN ACT TO INCREASE THE MAXIMUM FEE FOR APPLICATION FOR CERTIFICATION OF AND FOR RENEWAL OF A COMPANY POLICE AGENCY AND A COMPANY POLICE OFFICER AND FOR APPLICATION FOR CERTIFICATION OF AND FOR RENEWAL OF A CAMPUS POLICE AGENCY AND A CAMPUS POLICE OFFICER.
House committee substitute to the 1st edition makes the following change. Makes the act effective July 1, 2019 (was, July 1, 2020).
H 195 (2019-2020) BOARD OF NURSING TECHNICAL CHANGES.-AB Filed Feb 26 2019, AN ACT IMPLEMENTING NORTH CAROLINA BOARD OF NURSING TECHNICAL CHANGES, PROCEDURAL EFFICIENCIES, AND FEE CEILING INCREASES.
House committee substitute to the 2nd edition makes the following changes.
Makes technical changes to proposed GS 90-171.49.
Amends the proposed changes to GS 90-171.48, now authorizing the Board of Nursing to deny licensure after reviewing the seven factors regarding a criminal conviction of the applicant, as specified, if it finds that the grounds set forth in GS 90-171.37 exist (previously, specified subsections of GS 90-171.37; GS 90-137.37, as amended, enumerates conduct which can result in disciplinary action).
| Intro. by White, Riddell, Szoka, Cunningham. | GS 90 |
H 257 (2019-2020) MOTORCYCLES/FACE MASKS. Filed Mar 4 2019, AN ACT TO PERMIT THE USE OF A FACE MASK WHILE OPERATING A MOTORCYCLE.
House amendment #1 amends the 1st edition, adding to proposed GS 14-12.7(b) a requirement for a person wearing a mask when operating a motorcycle to remove the mask during a traffic stop or when approached by a law enforcement officer. Specifies that a traffic stop includes a checkpoint or roadblock under GS 20-16.3A.
| Intro. by Bumgardner. | GS 14 |
H 258 (2019-2020) (2019-2020) OPEN AMUSEMENT PARKS/ARCADES/VENUES. (NEW) Filed Mar 4 2019, AN ACT TO AUTHORIZE AMUSEMENT PARKS, GAMING AND BUSINESS ESTABLISHMENTS WITH VIDEO GAMES AND ARCADE GAMES, AND VENUES FOR RECEPTIONS OR PARTIES TO RESUME OPERATIONS.
House committee substitute to the 2nd edition makes the following changes.
Now amends GS 143B-437.01 concerning the Industrial Development Fund Utility Account by expanding the definition of economically distressed county (as it is used in the statute) to mean a county with total employment of less than 500,000 (previously proposed to mean a county that has one of the 87 highest rankings under GS 143B-437.08, which designates development tiers). Specifies that in measuring total employment, the Secretary of Commerce must use the latest available data published by the Quarterly Census of Employment and Wages program.
| Intro. by Boles, McNeill. | GS 143B |
H 262 (2019-2020) DESIGNATE TRANSYLVANIA CTY LAND OF WATERFALLS. (NEW) Filed Mar 4 2019, AN ACT DESIGNATING THE CITY OF BREVARD, TOWN OF ROSMAN, AND TRANSYLVANIA COUNTY AS NORTH CAROLINA'S OFFICIAL LAND OF WATERFALLS.
House committee substitute to the 1st edition amends the whereas clauses regarding public lands with waterfalls in Transylvania County. Changes the act's short title.
| Intro. by Henson. | GS 145 |
H 323 (2019-2020) ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS. Filed Mar 11 2019, AN ACT TO ASSESS AS PART OF THE COST OF COURT FOR CONVICTED OFFENDERS THE COST OF LOCAL LAW ENFORCEMENT CRIME LAB ANALYSIS DURING INVESTIGATION.
House committee substitute to the 1st edition makes the following changes.
Further amends GS 7A-304 to now alternatively provide for the specified costs to be remitted to the general fund of the local governmental unit that operates the laboratory or paid for the laboratory services (previously did not include remittance in the event the local government paid for the laboratory services). Includes the addition to the same fees for cases amended by the previous edition.
| Intro. by Faircloth, McNeill, Boles, Davis. | GS 7A |
H 476 (2019-2020) REDUCE ABC FEES PAID BY VFW POST. Filed Mar 27 2019, AN ACT TO REDUCE THE AMOUNT OF CERTAIN FEES ASSESSED BY THE ABC COMMISSION TO A VETERANS OF FOREIGN WARS POST.
Amends GS 18B-903 to reduce fees assessed by the Alcohol Beverage Control (ABC) Commission against Veterans of Foreign Wars (VFW) posts: (1) application fees for renewal of an ABC permit are reduced by 90% of the listed fees in GS 18B-903(b) and (2) the annual registration and inspection fee in GS 18B-903(b1) is reduced from $400 to $40. Applies to renewals and registrations on or after July 1, 2019.
| Intro. by Bumgardner. | GS 18B |
H 478 (2019-2020) RESTORE ECU ACADEMIC AFFAIRS FUNDS. Filed Mar 27 2019, AN ACT TO RESTORE FUNDING FOR ACADEMIC AFFAIRS AT EAST CAROLINA UNIVERSITY.
Identical to S 181, filed 3/4/19.
Appropriates $1,100,000 in recurring funds for 2019-2020 from the General Fund to the Board of Governors of The University of North Carolina, to be allocated to East Carolina University to support academic affairs. Of these funds, ECU may use up to $700,000 for purchased services and up to $400,000 for supplies at ECU. Effective July 1, 2019.
| Intro. by K. Smith, Humphrey, Murphy. | APPROP |
H 479 (2019-2020) STUDY SOLAR FACILITY DECOMMISSIONING RQMTS. Filed Mar 27 2019, AN ACT TO REQUIRE THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY MATTERS ASSOCIATED WITH THE DECOMMISSIONING OF UTILITY-SCALE SOLAR PROJECTS, THE SOLID WASTE DISPOSAL TAX, THE PROCESS FOR DEVELOPMENT AND ADOPTION OF GENERAL PERMITS FOR ANIMAL WASTE MANAGEMENT SYSTEMS, AND WAYS TO OPTIMIZE AND MODERNIZE NORTH CAROLINA'S RECYCLING REQUIREMENTS FOR DISCARDED COMPUTER EQUIPMENT AND TELEVISIONS; AND TO MODIFY THE SCOPE OF THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON AGRICULTURE AND NATURAL AND ECONOMIC RESOURCES TO SPECIFICALLY INCLUDE OVERSIGHT OF MARINE FISHERIES
Directs the Environmental Review Commission (Commission) to study matters related to the decommissioning of utility-scale solar projects. Details seven analyses the study must include, including whether any materials used in utility-scale solar projects are classified as hazardous, and the economic feasibility and availability of recycling solar panels. Defines utility-scale solar project to mean a ground-mounted photovoltaic, concentrating photovoltaic, or concentrating solar power project directly connected to the electrical transmission grid for sale to wholesale customers, as well as solar arrays, accessory buildings, transmission facilities, and any other infrastructure necessary for the operation of the project. Requires the Commission to report its findings and recommendations to the 2020 Regular Session of the 2019 General Assembly upon its convening.
| Intro. by Dixon. |
H 480 (2019-2020) NC CANCER TREATMENT FAIRNESS. Filed Mar 27 2019, AN ACT RELATING TO HEALTH BENEFIT PLAN COVERAGE FOR ORALLY ADMINISTERED ANTICANCER DRUGS.
Enacts new GS 58-3-282, concerning coverage for certain anticancer drugs, applicable to every health benefit plan offered by an insurer that provides coverage for prescribed, orally administered anticancer drugs used to kill or slow the growth of cancerous cells and that provides coverage for intravenously administered or injected anticancer drugs, requiring that such plans must provide coverage for prescribed, orally administered anticancer drugs on a basis no less favorable than the coverage provided for the intravenously administered or injected anticancer drug.
Prohibits coverage for orally administered anticancer drugs from being subject to prior authorization, dollar limit, co-payment, coinsurance, deductible provision, or any other out-of-pocket expense that does not apply to intravenously administered or injected anticancer drugs.
Prohibits achieving compliance by reclassifying drugs or increasing cost-sharing expenses imposed on anticancer drugs. Provides that if out-of-pocket expenses are increased for anticancer drugs then the same must also be applied to the majority of comparable medical or pharmaceutical benefits of the policy, contract, or plan.
Applies to insurance contracts issued, renewed, or amended on or after January 1, 2020.
| Intro. by Zachary, Lewis, Lambeth. | GS 58 |
H 482 (2019-2020) SCH. PSYCHOLOGIST COMPENSATION & RECRUITMENT. Filed Mar 27 2019, AN ACT TO APPROPRIATE FUNDS TO INCREASE COMPENSATION FOR SCHOOL PSYCHOLOGISTS AND TO ESTABLISH THE SCHOOL PSYCHOLOGIST RECRUITMENT AND RETENTION PROGRAM.
Part I
Requires that in addition to the salary provided in accordance with the "A" salary schedule, school psychologists are to receive $1,000 per month. Appropriates $7.5 million in recurring funds from the General Fund for the 2019-20 fiscal year to the Department of Public Instruction (DPI) to provide the described compensation increases for school psychologists.
Part II
Directs the State Board of Education (State Board) to establish the School Psychologists Recruitment and Retention Program (program) to recruit and retain high-quality school psychologists in public schools by providing signing and retention bonuses. Directs the recruitment and retention coordinator, defined as a person at DPI responsible for program administration and under the direct supervision of the Superintendent of Public Instruction, to coordinate with public school units to allocate funds appropriated by the act. Defines public school unit to mean a local school administrative unit, charter school, regional school, or school(s) operated or governed by the State Board, UNC, the Department of Health and Human Services, or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Details parameters that must be followed in the allocation of funds and establishes that the recruitment and retention coordinator has discretion over the allocation of funds otherwise. Requires that bonuses be conditioned on the existence of an agreement between the public school unit and the school psychologist and approved by the recruitment and retention coordinator and includes provisions requiring the school psychologist to remain employed in the public school unit for three to five years and return bonus funds to DPI on a prorated basis if he or she does not remain employed for that time period and has not been terminated due to death, reduction in force, or disability. Prohibits individual bonuses from exceeding $10,000. Details unique factors of each public school unit the recruitment and retention coordinator must consider in determining program fund allocation, including the overall impact on student mental health in the public school unit if the funds were provided, and the history of difficulty in recruiting or retaining school psychologists at the public school unit. Requires public school units to agree that program funds will be used to supplement and not supplant local funds for school psychologists before the provision of any program funds by the recruitment and retention coordinator.
Requires the recruitment and retention coordinator to report to the President Pro Tempore, the Speaker, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by September 30, 2019, and every subsequent three months in which program funds are awarded. Requires the report to identify the public school units receiving funds, the amount of funds received, and the purposes for which the funds were used.
Appropriates from the General Fund to DPI for the 2019-20 fiscal year $750,000 in recurring funds to establish and implement the program, and authorizes DPI to use up to $100,000 to establish a new, full-time equivalent recruitment and retention coordinator position at DPI to administer the program.
Part III
Effective July 1, 2019.
| Intro. by Grange, Dobson, Horn, Lambeth. | APPROP |
H 483 (2019-2020) LET THEM SPAWN. Filed Mar 27 2019, AN ACT TO REQUIRE A MINIMUM SIZE LIMIT FOR CERTAIN SPECIES OF MARINE FISH TO ENSURE THAT SEVENTY-FIVE PERCENT OF THE JUVENILE FISH OF THE SPECIES WILL HAVE AN OPPORTUNITY TO REACH MATURITY AND SPAWN AT LEAST ONCE.
Amends GS 113-182.1(b) to require the addition of a minimum size limit for each species of marine fish listed in the Division of Marine Fisheries Stock Status Report that corresponds to the likelihood of 75% of juvenile fish reaching maturity in order to have the opportunity to spawn at least once. Allows an exception for species which have a unique life cycle and maturity characteristics that would undermine generally accepted fishery management protocols, in which case the Fisheries Director must propose slot limits to protect the adult spawning stock. Requires the Marine Fisheries Commission (Commission) to adopt implementing rules based upon best available data from North Carolina or, if none, from other Atlantic states. Mandates the Director of the Division of Marine Fisheries review currently available data and present findings to the Commission no later than August 2019 to allow the Commission to impose temporary management measures establishing minimum size limits until Fishery Management Plans are adopted pursuant to this amendment.
| Intro. by Yarborough, Saine, Wray, B. Turner. | GS 113 |
H 484 (2019-2020) VERIFICATION OF IMMIGRATION STATUS - SAVE. Filed Mar 27 2019, AN ACT TO REQUIRE THAT ALL STATE AGENCIES AND LICENSING BOARDS VERIFY THE IMMIGRATION STATUS OF APPLICANTS FOR PUBLIC BENEFITS AND USE THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) TO OBTAIN THAT VERIFICATION.
Includes whereas clauses.
Enacts new GS Chapter 64A (Verification of Eligibility for Receipt of Public Benefits). Adopts definitions of "alien" and "public benefit" from federal law. Prohibits state agencies and licensing boards from providing a public benefit to any applicant prior to verifying that person's immigration status, or to persons not meeting certain criteria once their status has been verified. Requires state agencies and licensing boards to enter into a memorandum of agreement or computer matching agreement with the Department of Homeland Security to use the Systematic Alien Verification for Entitlements (SAVE) Program to verify applicants' immigration status. Mandates annual reporting, starting December 1, 2019, by each state agency and licensing board to the Joint Legislative Oversight Committee on General Government regarding the implementation of these requirements. Creates a right of private enforcement by any resident of North Carolina who has reason to believe a state agency or licensing board is not in compliance with this Chapter. Provides that private enforcement is to be filed as an action for declaratory and injunctive relief in the superior court. Authorizes a court to award the prevailing party reasonable attorneys' fees and costs, and to impose a civil penalty against any state agency or licensing board not in compliance with any order issued as a result of a private enforcement action up to $10,000 per day for each day not in compliance with the court's order.
| Intro. by Cleveland, Hurley, Yarborough, Presnell. | GS 64A |
H 485 (2019-2020) VIRTUAL EARLY LEARNING PILOT PROGRAM. Filed Mar 27 2019, AN ACT TO ESTABLISH A VIRTUAL EARLY LEARNING PILOT PROGRAM FOR PRESCHOOL-AGE CHILDREN.
Requires the State Board of Education (Board), in consultation with the specified entities, to establish a three-year virtual early learning pilot program, known as UpStart. The program is to target at risk preschool age children to develop school readiness skills and is to (1) evaluate the effectiveness of giving preschool-age children access, at home, to interactive individualized instruction delivered by computers and the Internet to prepare them academically for success in school; and (2) test the feasibility of scaling a home-based curriculum in reading, math, and science delivered by computers and the Internet to all preschool-age children in the State.
Requires the Board to develop and issue a request for proposal to contract with a third-party. Sets out eight items that the contractor selected to conduct the pilot program must do. Requires the Board to select up to 10 local education agencies to participate and sets criteria for selecting those participants.
Requires soliciting families to participate in the program using a public information campaign and referrals from participating LEAs. Requires selecting qualifying children through a random lottery and sets out eligibility requirements for those children, including that the child be at-risk, as defined.
Requires an annual report on the pilot to the specified NCGA committee by November 30; specifies eight items to be included in the report.
Appropriates $500,000 in nonrecurring funds for each year of the 2019-21 biennium from the General Fund to the Board to provide funding for participating in the pilot program. Requires that for 2021-22 only, the Director of the Budget also include in the base budget the amount of nonrecurring funds needed to support the pilot program.
Effective July 1, 2019.
H 486 (2019-2020) COMMERCIAL FISHING LICENSE REFORMS. Filed Mar 27 2019, AN ACT TO AMEND THE COASTAL FISHING LICENSE STATUTES TO EASE REGULATORY BURDENS AND ENHANCE ACCESS TO FISHERIES FOR BONA FIDE COMMERCIAL FISHERMEN.
Section 1
Amends GS 113-168, containing the definitions for Article 14A concerning coastal and estuarine commercial fishing licenses, defining CFCL to mean Commercial Fishing Crew License, and HSCFL to mean Heritage Standard Commercial Fishing License. Also adds and defines controlling interest and person. Makes other clarifying changes.
Amends GS 113-168.1, adding new subsection (d1), making it unlawful for any person to hold more than one type of each commercial fishing license issued under this statute. Any corporation or other legal entity in which a person holds a controlling interest will count towards the limit imposed by this subsection.
Amends GS 113-168.2 to increase the annual fee for a Standard Commercial Fishing License (SCFL) for a resident of this state from $400 to $800. The fee may not be less than $800 for nonresidents. Restricts the transfer of an SCFL only to a member of a holder’s immediate family or to a corporation or other legal entity in which the SCFL holder and their immediate family hold a controlling interest. Makes conforming change. Removes provision for a surviving member of a deceased licensee’s immediate family to request transfer of an SCFL to a third-party purchaser of the deceased licensee’s fishing vessel. Removes provision for a person retiring from commercial fishing to transfer their SCFL to a third-party purchaser of their fishing vessel. Adds new subsection (i1) to require licensed persons to report to the Division of Marine Fisheries (Division) in a manner substantially similar to that of the record-keeping requirements of existing subsection (i) regarding takings of fish that are taken by the person but not sold to a licensed dealer because the fish are used for personal consumption or are donated by the person for charitable use. Adds new subsection (j), allowing a person holding an SCFL or an administrator or executor holding a transferred SCFL to request that the SCFL be converted to a Heritage Standard Commercial Fishing License (HSCFL). Directs the Division to classify the HSCFL as a separate class of inactive SCFL. Sets the annual fee for an HSCFL at $100. Directs the Division to terminate the HSCFL if it is not timely renewed or 10 years after the original issuance of the HSCFL if it has not been reconverted. Adds new subsection (k), providing that the HSCFL may be reconverted as an SCFL by a member of the immediate family of the person holding the SCFL at the time it was converted. The reconverted SCFL will not be subject to the procedures adopted by the Commission and the Division for issuance of SCFLs from the pool of inactive licenses, and will not be subject to any eligibility requirements for renewal other than payment of the renewal fee for a period of five years following reconversion.
Amends GS 113-168.3, increasing the annual fee for the Retired Standard Commercial Fishing License to $400 for residents of the state and $520 for non-residents. Enacts new GS 113-168.3B, creating a Commercial Fishing Crew License (CFCL). Allows for application for a CFCL by any person who serves on the crew of a commercial fishing vessel under the direction of a person who holds a valid SCFL. Sets the annual fee for the CFCL at $100 for residents of the state and $130 for non-residents. Allows a person holding a CFCL for three consecutive years to be eligible to apply for a CFCL without meeting any other eligibility requirements.
Amends GS 113-168.4, regarding the sale of fish, to require the organizer of a reportable recreational fishing tournament, as defined, to comply with the reporting requirements of new GS 113-168.2(i1) (intended), as enacted.
The above provisions are effective October 1, 2019.
Adds new subsection (a2) to GS 113-168.2, requiring an SCFL holder to demonstrate a minimum level of participation in fisheries of the state by demonstrating one of the two specified levels of participation, in two of the five fiscal years preceding expiration of the SCFL in order to be eligible to renew the SCFL. Effective June 30, 2022, and applies to all SCFLs expiring on or after that date.
Directs the Marine Fisheries Commission and the Division of Marine Fisheries to develop a plan to expand opportunities for commercial fishermen to access and harvest commercial fisheries.
Section 2
Amends SL 1997-400, Section 5.2, as amended, modifying the temporary cap provision in subsection (c) to make it a permanent cap, set at the number of SCFLs active on June 30, 2018, plus 100 additional SCFLs. Removes provision for issuance of licenses in 1999-2000. Creates an Inactive Pool for SCFLs that have not been renewed, and an Active Pool for SCFLs that are available to be issued. A license in the Inactive Pool may be reactivated by the holder until it has been in the pool for two years, at which point it transfers to the Availability Pool. Grants the Commission the authority to determine how many licenses from the Availability Pool to issue, and the procedure for doing so, up to the cap set by subsection (c). Requires the Commission to set aside 100 licenses from the Availability Pool for an apprenticeship program for students completing a commercial fishing program offered by an NC community college or an equivalent program from another state. Makes other clarifying changes.
Effective June 30, 2019.
Section 3
Repeals GS 113-173, GS 113-168(6), GS 113-173.1(a)(6), and GS 113-174(4)c., all concerning the Recreational Commercial Gear License. Makes conforming change to GS 113-168.1(a). Effective June 30, 2019.
Amends GS 113-174.2, adding new subsection (e), directing the Commission to adopt rules allowing persons holding a Coastal Recreational Fishing License (CRFL) to use bait seines and up to five crab pots to take fish for recreational purposes.
Section 4
Amends GS 113-174.2(c), increasing the fees for CRFLs to the following: $20 for annual residents, $36 for annual nonresidents, $7 for ten-day residents, and $18 for ten-day nonresidents.
Effective October 1, 2019.
Section 5
Contains a severability clause.
H 487 (2019-2020) CC SHORT-TERM WORKFORCE TRAINING FUNDS. Filed Mar 27 2019, AN ACT TO APPROPRIATE ADDITIONAL FUNDS TO THE COMMUNITY COLLEGES SYSTEM OFFICE FOR SHORT-TERM WORKFORCE TRAINING CONTINUING EDUCATION PROGRAMS THAT LEAD TO A STATE OR INDUSTRY-RECOGNIZED CREDENTIAL.
Appropriates $12,051,477 in additional recurring funds for 2019-20 from the General Fund to the Community Colleges System Office to be used as title indicates. Effective July 1, 2019.
| Intro. by Dobson, Howard, McElraft, Carney. | APPROP |
H 488 (2019-2020) ADDRESS DIRECT SUP. PERSONNEL STAFFING CRISIS. Filed Mar 27 2019, AN ACT TO ADDRESS THE STAFFING CRISIS IMPACTING INTERMEDIATE CARE FACILITY GROUP HOMES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES AND NORTH CAROLINA INNOVATIONS WAIVER SERVICES.
Includes whereas clauses.
Directs the Department of Health and Human Services, Division of Health Benefits (DHB), to adjust the per member per month (PMPM) capitation amount paid to local management entity/managed care organizations (LME/MCOs) operating capitated contracts for mental health, intellectual and other development disabilities, and substance abuse services to include amounts sufficient to increase wages paid to direct support personnel working in community-based Intermediate Care Facility Individuals with Intellectual Disabilities (ICF/IIDs) group homes for individuals with intellectual and developmental disabilities to align the wages paid to the direct support personnel with the current wages paid to State employees in State-owned developmental centers. Provides further parameters and requirements for the adjustments. Requires LME/MCOs to implement the adjustments by September 1, 2019, and provides for verification by providers that the funds are being used as required. Requires DHB to continue to work with stakeholders and service providers in order to develop appropriate methodology, track progress towards increasing direct support personnel wages, and determine additional resources necessary to achieve wage alignment with State employees in State-owned developmental centers.
Appropriates $11.3 million in recurring funds from the General Fund to DHB each for the 2019-20 and 2020-21 fiscal years to implement the act. Requires DHB to maximize the ICF/IID assessment to increase the capitation payment rates for ICF/IIDs. Allows DHB to use all available proceeds of the adjusted ICF/IID assessment combined with appropriations under the act for purposes of implementation.
Appropriates $250,000 in nonrecurring funds from the General Fund to DHB for the 2019-20 fiscal year to conduct an actuarial analysis and a wage and hour study of the NC Innovations waiver program (program). Requires the study and actuarial analysis to aid in determining the appropriate adjustments necessary to align wages paid to direct support personnel providing services under the program with wages paid to State employees in State-owned developmental centers. Requires the study and analysis to be completed no later than January 15, 2020, and requires DHB to provide a copy to the specified NCGA committee and division no later than that same date. After completion of the study and analysis, requires DHB to draft a plan providing for multiyear adjustments to provide for the described wage alignment, with verification from providers as described. Details ten required components of the analysis and plan. Requires DHB to submit a copy of the plan and related recommendations to the specified NCGA committee by March 1, 2020. Prohibits DHB from pursuing any State Plan amendments or any changes to the NC Innovations waiver that would be necessary to increase wages of direct support personnel providing services through the Innovations waiver to a minimum of $15 per hour, or the current wage paid to the described State employees, without further legislation directing the implementation of the wage increase.
Directs DHB to use information from the Office of State Human Resources to establish a baseline methodology for determining the appropriate wages to be paid in implementing the act. Provides for adjustments DHB must make, including health insurance, retirement benefits, and other key factors that drive total labor costs, and allows further consideration of market-based wage comparisons, as provided. Further allows DHB to accept actuarially sound projections of competitive wage and hour data and other cost data from non-State entities in order to calculate wage analysis formulas and finalize exact rates.
Effective July 1, 2019.
| Intro. by Dobson, Bell, Presnell, Ball. | APPROP |
H 491 (2019-2020) WF BAPTIST HEALTH REGIONAL AUTOPSY CTR FUNDS. Filed Mar 27 2019, AN ACT TO APPROPRIATE FUNDS FOR A NEW WAKE FOREST BAPTIST HEALTH REGIONAL AUTOPSY CENTER IN WINSTON-SALEM.
Appropriates $2,940,515 in nonrecurring funds for 2019-20 and $14,566,220 for 2020-21 in nonrecurring funds from the General Fund to the Wake Forest University Baptist Medical Center to be used to help fund the construction of the new Wake Forest Baptist Health Regional Autopsy Center in Winston-Salem. Effective July 1, 2019.
| Intro. by Lambeth, Conrad, Montgomery, Hardister. | APPROP |
H 492 (2019-2020) SIMPLIFY BUILDER INVENTORY EXCLUSION. Filed Mar 27 2019, AN ACT TO SIMPLIFY THE PROPERTY TAX EXCLUSION FOR INCREASES IN VALUE OF PROPERTY HELD BY A BUILDER.
Amends GS 105-277.02, extending the time period from three to five years during which residential real property held for sale by a builder can be excluded from property tax, calculated from the time the improved property was first subject to being listed for taxation by the builder.
Amends GS 105-282.1, to allow an owner claiming an exclusion from property tax under GS 105-277.02, as amended, to file one initial application for the benefit, with no subsequent applications needed once the initial application is approved unless new or additional property is acquired or improvements are added or removed that require a change in the property's valuation, there is a change in the property's use, or changes in the taxpayer's qualifications or eligibility.
Effective for taxes imposed for taxable years beginning on or after July 1, 2019.
| Intro. by Brody, Howard, B. Turner. | GS 105 |
H 493 (2019-2020) ABUSE & NEGLECT RESOURCES. Filed Mar 27 2019, AN ACT TO REQUIRE PUBLIC SCHOOLS TO PROVIDE STUDENTS WITH INFORMATION AND RESOURCES ON CHILD ABUSE AND NEGLECT, INCLUDING SEXUAL ABUSE.
Enacts GS 115C-12(47) to direct the State Board of Education, upon recommendation of the Superintendent of Public Instruction, to adopt a policy to be implemented by local boards to provide information on child abuse and neglect to students in grades six through twelve. Requires the information to be provided in a document at the beginning of each school year and a display posted in high-traffic areas throughout each school. Details the information the document and display must contain, including likely warning signs, appropriate telephone number to report abuse and neglect, a statement regarding the confidence of reporting, and available resources.
Amends GS 115C-218.75 (regarding charter schools) and GS 115C-238.66 (regarding regional schools) to require charter schools and regional schools to implement the policy addressing student awareness of child abuse and neglect adopted by the State Board under GS 115C-12(47), as enacted.
Applies beginning with the 2019-20 school year.
| Intro. by White, Horn. | GS 115C |
H 494 (2019-2020) STEVENS CENTER FUNDS/UNC SCHOOL OF THE ARTS. Filed Mar 27 2019, AN ACT TO APPROPRIATE FUNDS FOR THE REPAIRS AND RENOVATION OF THE STEVENS CENTER OWNED AND OPERATED BY THE UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS.
Appropriates $42.2 million in nonrecurring funds for 2019-20 from the General Fund to the UNC Board of Governors to be allocated to the University of North Carolina School of the Arts for the planning, repair, and renovations of the School's Stevens Center. Requires the funds to be used to make significant upgrades to plumbing, mechanical, electrical, and life safety systems, as well as upgrades to theater sound, lighting, and stage equipment. Sets out goals of the renovation. The funds are to remain available for the stated purposes until June 30, 2023. Effective July 1, 2019.
| Intro. by Conrad, Lambeth, Montgomery, Terry. | APPROP |
H 495 (2019-2020) NO MUNICIPAL REG/OFF-SITE WASTEWATER SYSTEMS. (NEW) Filed Mar 27 2019, AN ACT TO PROHIBIT MUNICIPALITIES FROM REGULATING OFF-SITE WASTEWATER SYSTEMS.
Amends GS 130A-335 to prohibit any municipalities from prohibiting, regulating by ordinance, or enforcing an existing ordinance that regulates the use of off-site wastewater systems or other systems approved by the Department of Health and Human Service under rules adopted by the Commission for Public Health so long as the proposed system meets the specific conditions of the approval. Retroactively applies to municipal ordinances enacted on or after October 15, 2018. Voids and deems unenforceable any inconsistent municipal ordinance.
| Intro. by McElraft. | GS 130A |
H 496 (2019-2020) 4-YEAR TERMS FOR LEGISLATORS IN 2022. Filed Mar 27 2019, AN ACT TO AMEND THE CONSTITUTION TO MAKE TERMS OF OFFICE FOR LEGISLATORS FOUR YEARS.
Subject to the approval of voters at the general election in November 2020, makes the following changes to Article II of the NC Constitution. Amends Section 8 to provide that in 2022 and thereafter, General Assembly members are to be elected every four years (currently every two years). Amends Section 2 and Section 4 to make Senators and Representatives, respectively, elected quadrennially instead of biennially.
If approved, the amendments become effective with the members elected in 2022.
| Intro. by Adams. | CONST |
H 498 (2019-2020) NC CONSTITUTIONAL CARRY ACT. Filed Mar 27 2019, AN ACT TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED HANDGUN WITHOUT A PERMIT, TO PURCHASE A HANDGUN WITHOUT A PISTOL PURCHASE PERMIT, AND TO CONTINUE ALLOWING PERSONS TO ACQUIRE A CONCEALED HANDGUN PERMIT FOR THE PURPOSES OF RECIPROCITY OR FOR ANY OTHER REASON DESIRED.
Amends GS 14-269, which prohibits carrying concealed weapons, to establish that the term weapon does not include a firearm for purposes of the statute. Makes conforming changes to eliminate subsections (a1) and (a2) pertaining to carrying a concealed handgun with a permit and the punishments set out for violations of those subsections in subsection (c). Makes further conforming changes to eliminate related defenses to prosecution under this statute. Adds new subsection (a3) to clarify that the exceptions to the prohibition on carrying a concealed weapon listed in subsection (b) of the statute that include a condition that the person have a concealed carry permit require a person to have a concealed handgun permit issued in accordance with Article 54B of GS Chapter 54B or one considered valid under GS 14-415.24 (reciprocity for out-of-state handgun permits or licenses) to qualify as an exception.
Enacts Article 54C, Carrying Concealed Handguns, to establish that any person who is a US citizen and is at least 18 years old can carry a concealed handgun in North Carolina unless prohibited otherwise by law. Makes it unlawful for a person who meets any of the 14 specified criteria to carry a concealed handgun, including a person who is under indictment for a felony, or who is or has been adjudicated to be a danger to self or others due to mental illness or lack of mental capacity. Makes a violation of this prohibition a Class 2 misdemeanor for a first offense, and a Class H felony for a second or subsequent offense. Requires a person to carry valid identification when carrying a concealed handgun. Further, requires a person to disclose to any law enforcement officer that the person is carrying a concealed handgun when approached or addressed by the officer, and to display the proper identification upon the officer's request. Makes a violation of this subsection an infraction punishable in accordance with GS 14-3.1 (setting a penalty not to exceed $100).
Prohibits carrying a concealed weapon, unless provided otherwise by law, (1) in an area prohibited by a rule adopted by the Legislative Services Commission under GS 120-32.1 concerning State legislative buildings and grounds, (2) in any area prohibited by 18 USC 922 or any other federal law, (3) in a law enforcement or correctional facility, or (4) on any private premises where notice is given by posting a conspicuous notice or statement by the person in legal possession or control of the premises that carrying a concealed handgun is prohibited. Exempts any person listed in GS 14-415.41 [intends to exempt persons listed in GS 14-269(b)] from this prohibition. Makes a violation of this statute a Class 1 misdemeanor.
Makes conforming changes to GS 14-269.3, which prohibits carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed, to exempt a person carrying a concealed handgun from the prohibition (previously, exempted persons carrying a concealed handgun with a valid permit under GS 14-415.24, a concealed handgun permit considered valid under GS 14-415.24, or a person who is exempt from obtaining a permit under GS 14-415.25). Does not make changes to the clarification that a person may not carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c). Makes similar conforming changes to GS 14-269.4 to exempt a person carrying a concealed handgun from the prohibition on carrying weapons into certain State property and courthouses, so long as the firearm is in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle (previously, exempted persons carrying a concealed handgun with a valid permit under GS 14-415.24, a concealed handgun permit considered valid under GS 14-415.24, or a person who is exempt from obtaining a permit under GS 14-415.25, who has a firearm in the locked vehicle as specified). Makes similar conforming changes to exempt carrying a concealed handgun from the prohibition of possessing any dangerous weapons at parades or funeral processions (previously, exempted persons carrying a concealed handgun with a valid permit under GS 14-415.24, a concealed handgun permit considered valid under GS 14-415.24, or is exempt from obtaining a permit under GS 14-415.25). Does not make changes to the clarification that a person may not carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c).
Amends GS 14-269.1 to include convictions under new GS 14-415.35(b) to the convicted offenses for which the presiding trial judge must order the confiscation and disposal of the deadly weapon referenced in the conviction, in the judge's discretion as specified. Also establishes that this provision applies to a conviction of any offense in addition to those specified involving the use of a deadly weapon, including a firearm.
Amends GS 14-269.2, which prohibits the carrying of weapons on any kind of educational property or to a curricular or extracurricular school-sponsored activity, as follows. Amends subsection (i) to exempt employees who reside on the higher education institution or nonpublic post-secondary educational institution at which the person is employed, who in addition to meeting other specified qualifications, has a handgun on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle located in a parking area of the property at which the person is employed and resides (previously, exempted persons carrying a concealed handgun with a valid permit or who is exempt from obtaining a permit under Article 54B of GS Chapter 14). Makes conforming changes to eliminate provisions concerning employees who are not authorized to carry a concealed handgun pursuant to Article 54B of GS Chapter 14. Makes identical changes to subsection (j) exempting employees of a public or nonpublic school who reside on the campus of the school at which the person is employed. Makes conforming changes to eliminate reference to concealed handgun permits in the exemption set out in subsection (k), which sets out parameters for how a handgun must be kept in a locked compartment within the person's locked vehicle.
Amends GS 14-401.24, which sets out the provisions for the unlawful possession and use of unmanned aircraft systems, to make a clarifying change to define the term weapon to include any object capable of inflicting serious bodily injury or death when used as a weapon, including a firearm.
Amends GS 14-409.40, which establishes the regulation of firearms as an issue of general statewide concern, to provide that nothing in this statute prohibits municipalities or counties from application of their authority under GS 14-415.35 (as enacted by this act).
Amends GS 14-415.4, which provides for the restoration of firearms rights, to direct the court to deny the petition to restore the firearms rights of any petitioner if the court finds the petitioner is under indictment for a felony (previously, if the court finds that the petitioner is under indictment for a felony or a finding of probable cause exists against the petitioner for a felony).
Enacts GS 14-415.10A to provide that the State of North Carolina is to continue to make a concealed handgun permit available, even though it is lawful to carry a concealed handgun without a permit under new GS 14-415.35, to any person who applies for and is eligible to receive a concealed handgun permit pursuant to Article 54B of GS Chapter 14, reasoning that a permit is convenient for purposes of reciprocity when traveling out of state and to make the purchase of a firearm.
Amends GS 14-415.11 to eliminate the provision that allows a military concealed handgun permitee to carry a concealed handgun during the 90 days following the end of deployment when that permitee's permit has expired during deployment.
Repeals GS 14-415.22 (the construction provisions of Article 54B of GS Chapter 14).
Amends GS 74E-6 to provide that company police officers have the authority to carry concealed weapons pursuant to and in conformity with new GS 14-415.35 in addition to GS 14-269(b)(4) and (5) if duly authorized by the superior officer in charge. Company police agencies can be a hospital, a State institution, or a corporation engaged in providing on-site police security personnel service for persons or property under GS 74E-2 that is certified by the Attorney General in accordance with The Company Police Act, GS Chapter 74E.
Amends GS 74G-6 to provide that campus police officers have the authority to carry concealed weapons pursuant to and in conformity with new GS 14-415.35 in addition to GS 14-269(b) if duly authorized by their campus police agency and by the sheriff of the county in which the campus police agency is located. Campus police agencies can be public educational institutions operating under the authority of the UNC Board of Governors or the State Board of Community Colleges and private educational institutions licensed by the UNC Board of Governors pursuant to GS 116-15 or that are exempt from licensure by the Board of Governors pursuant to GS 116-15(c) and certified by the Attorney General in accordance with The Campus Police Act, GS Chapter 74G.
Amends GS 113-136 to authorize inspectors and protectors of the Department of Environmental Quality to arrest for violations of new GS 14-415.35, subject to the direction of administrative superiors, relating to matters within the jurisdiction of the Department concerning the conservation of marine and estuarine resources and relating to matters within the jurisdiction of the Wildlife Resources Commission concerning boating and water safety, hunting and trapping, fishing, and activities in woodlands and on inland waters.
Repeals GS 14-402 through GS 14-405 (prohibiting sale of certain weapons without permit, form and issuance or refusal of permit by sheriff and related record keeping), and GS 14-407.1 (sale of blank cartridge pistols).
Effective December 1, 2019.
H 499 (2019-2020) OMNIBUS GUN CHANGES. Filed Mar 27 2019, AN ACT TO MAKE MULTIPLE CHANGES TO THE STATE LAWS REGARDING FIREARMS.
To be summarized.
| Intro. by Speciale, Kidwell, Hardister, Brody. |
H 500 (2019-2020) ELIMINATE SECOND PRIMARIES. Filed Mar 27 2019, AN ACT TO ELIMINATE SECOND PRIMARIES.
Amends GS 163A-984 (currently provides for determination of primary results; second primaries), deleting the provisions applicable to second primaries, and makes a conforming change to the statute's catch line. Enacts new provisions that specify the procedures for instances where candidates receive the same number of votes. Provides that these provisions override any local act to the contrary. Deletes the provisions related to second primaries in various statutes of GS Chapter 163A.
Amends GS 160A-23.1(d) to delete the provisions governing a second primary. Requires cities using the nonpartisan primary and election method under GS 163-294 to hold the primary on the primary election date for county officers in the second year following a federal decennial census and requires the election to be held at the same time of the election for county officers in that year. Provides new language establishing that instead of a second primary, runoff results for those using the election and runoff method will be determined by the nonpartisan plurality election method pursuant to GS 163-292. Makes conforming changes.
Repeals the following statutes that relate to second primaries: GS 163A-1299, 163A-1305(b), and 163A-1426(d). Makes additional technical changes.
Applies to elections held on or after the date the act becomes law.
H 501 (2019-2020) JUSTICE/JUDGE MAY CONTINUE TERM PAST AGE 72. Filed Mar 27 2019, AN ACT TO ALLOW JUSTICES AND JUDGES ELECTED TO OFFICE PRIOR TO THE JUSTICE OR JUDGE'S SEVENTY-SECOND BIRTHDAY TO CONTINUE IN THE OFFICE PAST THE MANDATORY JUDICIAL RETIREMENT AGE OF SEVENTY-TWO UNTIL JANUARY 1 OF THE YEAR FOLLOWING THE NEXT ELECTION FOR MEMBERS OF THE GENERAL ASSEMBLY.
Amends GS 7A-4.20 as the title indicates.
| Intro. by Morey, John. | GS 7A |
H 505 (2019-2020) SE RALEIGH YMCA FUNDS. Filed Mar 27 2019, AN ACT TO APPROPRIATE FUNDS TO SUPPORT THE SOUTHEAST RALEIGH YMCA.
Appropriates $500,000 for 2019-20 and $500,000 for 2020-21 in nonrecurring funds from the General Fund to the Young Men's Christian Association of the Triangle Area, Inc., to be used in support of the Southeast Raleigh YMCA. Effective July 1, 2019.
| Intro. by Holley, Jackson, Gill. | APPROP |
HJR 506 (2019-2020) CONFIRM STEVE WARREN/SPECIAL SUP. CT JUDGE. Filed Mar 27 2019, A JOINT RESOLUTION CONFIRMING THE APPOINTMENT OF STEVE WARREN AS A SPECIAL SUPERIOR COURT JUDGE.
As title indicates.
| Intro. by Lewis. |
H 507 (2019-2020) ANIMAL FIGHTS/CRIMINALIZE ATTENDANCE OF MINOR. Filed Mar 27 2019, AN ACT TO CRIMINALIZE THE ACT OF CAUSING A PERSON UNDER 16 YEARS OF AGE TO BE PRESENT AT AN EXHIBITION FEATURING ANIMAL FIGHTING.
Amends GS 14-362 to make it a Class I felony to cause a person under age 16 to be present at an exhibition featuring cock fighting.
Amends GS 14-362.1 to make it a Class 2 misdemeanor to causes a person under age 16 to be present at an exhibition featuring the fighting or baiting of an animal (other than a cock or a dog).
Amends GS 14-362.2 to make it a Class H felony to causes a person under age 16 to be present at an exhibition featuring the baiting of a dog or the fighting of a dog with another dog or with another animal.
Applies to offenses committed on or after December 1, 2019.
| Intro. by McNeill, C. Smith, Hurley. | GS 14 |
H 508 (2019-2020) FIREARM SAFE STORAGE AWARENESS INITIATIVE. Filed Mar 27 2019, AN ACT TO LAUNCH A STATEWIDE FIREARM SAFE STORAGE AWARENESS INITIATIVE TO EDUCATE THE PUBLIC ABOUT THE IMPORTANCE OF THE SAFE STORAGE OF FIREARMS AND TO FACILITATE THE DISTRIBUTION OF GUN LOCKS.
Requires the Department of Health and Human Services (DHHS) to launch a two-year statewide firearm safe storage awareness initiative to educate the public about the importance of the safe storage of firearms and to facilitate the distribution of gun locks, which must include the development of a website and toolkit and include an outreach process.
Requires DHHS to develop a website to provide information to the public about six specified issues related to the safe storage of firearms, including access to a toolkit of information that local communities may use to launch firearm safe storage initiatives at the local level. Specifies what is to be include in the toolkit, including the distribution of free or discounted gun locks. Require the development of the website and toolkit by July 1, 2020.
Require DHHS, upon development of the website and toolkit, to implement an outreach process for disseminating the information and toolkit to the public and to local communities, and requires providing technical assistance to local communities to assist them in using the toolkit to launch local initiatives.
Allows contracting with a third-party with relevant expertise related to public health and injury prevention to launch the firearm safe storage awareness initiative.
Prohibits the firearm safe storage awareness initiative and any state funds used to launch and maintain the initiative, from being used to advocate, promote, or lobby for the creation of new, or the revision of existing, laws regulating firearms; limits use to the purposes set out in the act and to to explaining and promoting existing laws regulating firearms and best practices for firearm storage and safety.
Appropriates $86,500 for 2019-20 in nonrecurring funds and $69,200 in nonrecurring funds for 2020-21 from the General Fund to DHHS for costs associated with launching the firearm safe storage awareness initiative, including the purchase and distribution of gun locks.
Requires DHHS to report to the specified NCGA committee on progress in launching the initiative by September 1, 2020.
Effective July 1, 2019.
| Intro. by McNeill, White, C. Smith, Sauls. | APPROP, UNCODIFIED |
H 510 (2019-2020) REENACT NONPARTISAN JUDICIAL ELECTIONS/FUND. Filed Mar 27 2019, AN ACT TO REENACT NONPARTISAN JUDICIAL ELECTIONS, MAKE CONFORMING STATUTORY CHANGES RELATING TO REENACTMENT OF NONPARTISAN JUDICIAL ELECTIONS, AND REESTABLISH PUBLIC FINANCING FOR JUDICIAL CAMPAIGNS.
To be summarized.
| Intro. by John, Morey. |
The Daily Bulletin: 2019-03-27
PUBLIC/SENATE BILLS
S 202 (2019-2020) MODIFY PROTECTIVE SERVICES LAW/ALE. (NEW) Filed Mar 6 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE PRIVATE PROTECTIVE SERVICES ACT AND TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO RELOCATE ALCOHOL LAW ENFORCEMENT AS SUITABLE STATE-OWNED PROPERTY IS IDENTIFIED.
Senate amendment #1 makes the following changes to the 1st edition. Directs the Division of Motor Vehicles (DMV) to also include education on Good Samaritan laws in developing the program to educate the public about the previously specified high-risk driving behaviors. Makes conforming changes to include education on Good Samaritan laws in the DMV's required public outreach initiative and reporting pursuant to the act. Makes conforming changes to the act's long title.
| Intro. by Britt, McInnis, McKissick. | UNCODIFIED |
S 220 (2019-2020) REMOVAL OF POLITICAL SIGNS BY CITIZENS. Filed Mar 11 2019, AN ACT TO ALLOW ANY CITIZEN TO REMOVE A POLITICAL SIGN THAT REMAINS IN A PUBLIC RIGHT-OF-WAY THIRTY DAYS AFTER THE TIME WITHIN WHICH POLITICAL SIGNS ARE TO BE REMOVED, TO PROVIDE A WINDOW OF TIME BEFORE THE OPENING AND AFTER THE CLOSE OF POLLS FOR POLITICAL ADVERTISING TO BE PLACED AND COLLECTED AT THE VOTING PLACE, AND TO ALLOW THE EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS TO MODIFY THE REQUIRED CERTIFICATION DATES FOR THE 2019 ELECTION CYCLE IF NEEDED.
Senate committee substitute to the 1st edition deletes the previous provisions and now provides as follows.
Amends GS 136-32, deeming abandoned property any political signs that remain in a public right-of-way after 30 days from the date political signs are to be removed pursuant to subsection (b) of the statute (which requires signs to be removed by the tenth day after primary or election day). Allows citizens to remove and dispose of signs considered abandoned property without penalty. Applies to offenses committed on or after December 1, 2019.
| Intro. by D. Davis, Tillman, Hise. | GS 136 |
S 231 (2019-2020) AGENCY POLICY DIRECTIVES/2019-2021. (NEW) Filed Mar 12 2019, AN ACT ENACTING AGENCY POLICY DIRECTIVES FOR THE 2019-2021 FISCAL BIENNIUM, CONSISTENT WITH CERTAIN POLICY DIRECTIVES IN RATIFIED HOUSE BILL 966 OF THE 2019 REGULAR SESSION AND TO CLARIFY THAT PARTIES TO AN INTERGOVERNMENTAL SUPPORT AGREEMENT WITH A MAJOR MILITARY INSTALLATION THAT OPERATES A PSAP MAY USE 911 FUNDS FOR NEXT GENERATION 911 SYSTEM COMPATIBILITY.
Senate committee substitute to the 1st edition makes the following changes.
Adds to the considerations that the Department of Military and Veterans Affairs, in collaboration with the Department of Commerce, must include in their study concerning the creation of military economic zones around communities that host the military installations in North Carolina, to include the feasibility of creating economic zones in and around Department of Veterans Affairs Hospitals that are located more than 150 miles from military installations in the State. Makes conforming changes to the act's long title.
| Intro. by D. Davis, Brown, Perry. | STUDY |
S 293 (2019-2020) MILITARY DEPENDENTS/NEED-BASED PRIVATE SCHOOL. Filed Mar 18 2019, AN ACT TO MAKE NONRESIDENT DEPENDENTS OF ACTIVE DUTY SERVICE MEMBERS AND VETERANS ELIGIBLE FOR NEED-BASED SCHOLARSHIPS FOR STUDENTS ATTENDING PRIVATE INSTITUTIONS OF HIGHER EDUCATION.
Senate committee substitute to the 1st edition makes the following changes.
Modifies the proposed changes to GS 116-281 to clarify that the dependent relative must provide a letter of intent to establish NC residency to the eligible private postsecondary institution (previously, did not specify private institution; however the statute only provides scholarships for students attending private higher education institutions) in order to qualify for the need-based scholarship for students who are dependent relatives of a veteran who is abiding in NC while sharing an abode with the veteran.
| Intro. by D. Davis, Tillman, Brown. | GS 116 |
S 297 (2019-2020) (2019-2020) CANCER RESEARCH ADVISORY PANEL. Filed Mar 19 2019, AN ACT TO DIRECT THE NORTH CAROLINA POLICY COLLABORATORY AT THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL TO ASSEMBLE A RESEARCH ADVISORY PANEL TO STUDY AND DEVELOP RECOMMENDATIONS ON STRATEGIES FOR IMPLEMENTATION OF A RESEARCH PROGRAM TO DETERMINE WHETHER ANY CLUSTERS OF CANCER INCIDENTS EXIST WITHIN THE STATE.
Senate committee substitute makes the following changes to the 1st edition.
Now permits the North Carolina Policy Collaboratory (Collaboratory) at UNC-Chapel Hill to submit draft recommendations from the research advisory panel to the NCGA as early as December 31, 2019, and requires the final recommendations to the NCGA no later than April 30, 2020 (previously required both the draft and final recommendations to be submitted in those same timeframes).
| Intro. by Sawyer, Perry, T. Alexander. | STUDY |
S 362 (2019-2020) ANNUAL REPORT STANDARDIZATION. Filed Mar 26 2019, AN ACT REVISING THE LAWS GOVERNING THE SUBMISSION OF ANNUAL REPORTS BY VARIOUS ENTITIES TO THE SECRETARY OF STATE.
Part I. Business Corporations
Amends GS 55-16-22, modifying the annual reporting requirements for corporations transacting business in the State. Now requires electronic submission of the annual report to the Secretary of State (Secretary) rather than giving the option of paper or electronic means. Removes the requirement for insurance companies subject to GS Chapter 58 to submit an annual report. Makes clarifying changes to the information required of the report to specify that the report must include the street or mailing address of the registered office in this State, and the names, titles, and business street addresses of its principal officers. Adds to the required information to now require inclusion of the registered agent's email address; the name, mailing address, email address, and telephone number of an individual authorized to provide information regarding persons with authority to bind the corporation; and an email address for the corporation if different from the email address of the registered agent provided. Removes the provision permitting certification that the information contained in the most recently filed annual report has not changed instead of setting forth all required information other than the corporation's name and the state/country of incorporation. Now requires only the Secretary (rather than both the Secretary and the Secretary of Revenue) to provide space and instructions on the form for corporations to voluntarily indicate the corporation is a veteran-owned small business or service-disabled veteran-owned small business. Clarifies that the annual report is due by the 15th day of the fourth month following the close of the corporation's fiscal year for both domestic and foreign corporations. Authorizes the Secretary to provide notice or forms under the statute by email with consent, and deems any email address provided by a submitting corporation to be confidential and not public record. Makes further conforming changes.
Provides that the requirement to file electronically applies to annual reports due on or after January 1, 2020, for entities having gross revenues of at least $175,000 in their fiscal year ending in 2018; and applies to annual reports due on or after January 1, 2021, for entities having gross revenues less than $175,000 in their fiscal year ending in 2018.
Makes conforming changes to GS 55-1-22, and increases the fee for submitting the electronic annual report to $125 (was $25 for a paper submission and $18 for an electronic submission). Makes further conforming changes.
Makes clarifying changes to GS 55-14-22 regarding the reinstatement of a corporation following administrative dissolution under GS 55-14-21. Amends the statute to now require the Secretary to determine that the corporation has paid any penalties, fees, or other payments due under the Chapter before filing a certificate of reinstatement. Makes technical changes and makes the language gender neutral.
Repeals GS 105-228.90(a)(2) (which defines the scope of Article 9, General Tax Administration, to include the annual report filing requirements under GS 55-14-22) and GS 105-256.1 (concerning corporate annual reporting).
Applies to annual reports due on or after January 1, 2020.
Part II. Limited Liability Corporations
Amends GS 57D-2-24, modifying the annual reporting requirements for limited liability corporations (LLCs) transacting business in the State. Now requires electronic submission of the annual report to the Secretary of State (Secretary) rather than paper delivery. Makes clarifying changes to the information required of the report to specify that the report must include the street or mailing address of the registered office in this State, and the names, titles, and business street addresses of its managers and principal officials (was, only principal officials). Adds to the required information to now require inclusion of the registered agent's email address; the name, mailing address, email address, and telephone number of an individual authorized to provide information regarding persons with authority to bind the LLC; and an email address for the LLC if different from the email address of the registered agent provided. Removes the provision permitting certification that the information contained in the most recently filed annual report has not changed instead of restating all required information. Authorizes the Secretary to provide notice or forms under the statute by email with consent, and deems any email address provided by a submitting LLC to be confidential and not public record. Makes further clarifying, conforming, and technical changes.
Makes conforming changes to GS 57D-1-22, and decreases the fee for submitting the electronic annual report to $125 (was $200 for a paper submission).
Makes clarifying changes to GS 57D-6-06, regarding the reinstatement of an LLC following administrative dissolution under GS 55-14-22, GS 55-14-23, and GS 55-14-24. Amends the statute to now require the Secretary to determine that the LLC has paid any penalties, fees, or other payments due under the Chapter before filing a certificate of reinstatement.
Part III. Nonprofit Corporations
Enacts GS 55A-16-22.1 to now require domestic and foreign corporations authorized to conduct affairs in this State to electronically submit an annual report to the Secretary of State. Details the required information of the report, which are identical to that required of business corporations under GS 55-14-22, as amended. Requires the annual report to be current as of the date the annual report is submitted. Provides for report submission by November 15 of each year, as specified, until voluntary or judicial dissolution of a domestic corporation, or until the effective date of the certificate of withdrawal or revocation of a certificate of authority if a foreign corporation. Provides identical provisions regarding incomplete information and amendments to annual reports as those provided for business corporations under GS 55-14-22, as amended. Authorizes the Secretary to presume an annual report is delinquent if it is not received within 60 days after the report is due, rebuttable by evidence of submission. As with business corporations, authorizes the Secretary to provide notice or forms under the statute by email with consent, and deems any email address provided by a submitting corporation to be confidential and not public record. Deems domestic or foreign corporations licensed as a charitable organization or sponsor under Article 2, GS Chapter 131F to have filed an annual report for purposes of GS Chapter 55A. Amends GS 55A-1-22 to establish no cost for submitting the annual report.
Amends GS 55A-14-20 to authorize the Secretary to commence a proceeding to administratively dissolve a corporation under GS 55A-14-21 if the corporation is delinquent in submitting its annual report.
Makes clarifying changes to GS 55A-14-22, regarding the reinstatement of a corporation following administrative dissolution under GS 55A-14-21. Amends the statute to now require the Secretary to determine that the corporation has paid any penalties, fees, or other payments due under the Chapter before filing a certificate of reinstatement. Makes technical changes and makes the language gender neutral.
Authorizes the Secretary to waive the $100 fee for an application of reinstatement set forth under GS 55A-14-22(17) until January 1, 2022, for a corporation seeking reinstatement following administrative dissolution for delinquent filing pursuant to GS 55A-14-20(2a), as enacted.
Applies to annual reports due on or after January 1, 2021.
Part IV. Limited Liability Partnerships
Amends GS 59-84.4, modifying the annual reporting requirements for registered limited liability partnerships (LLP) and foreign limited liability partnerships (LLP) transacting business in the State. Now requires electronic submission of the annual report to the Secretary of State (Secretary) rather by paper delivery. Makes clarifying changes to the information required of the report to specify that the report must include the street or mailing address of the registered office in this State. Adds to the required information to now require inclusion of the registered agent's email address; the names, titles, and business street addresses of its partners and the name, mailing address, email address, and telephone number of an individual authorized to provide information regarding persons with authority to bind the corporation; and an email address for the LLP if different from the email address of the registered agent provided. Removes the provision permitting certification that the information contained in the most recently filed annual report has not changed instead of setting forth all required information other than the LLP's name and the state/country of formation. Adds a new requirement for any penalties, fees, or other payments due under the Chapter to be paid prior to reinstatement following the revocation of registration. Authorizes the Secretary to provide notice or forms under the statute by email with consent, and deems any email address provided by a submitting LLP to be confidential and not public record. Makes further clarifying, conforming, and technical changes.
Provides that the requirement to file electronically applies to annual reports due on or after January 1, 2020, for entities having gross revenues of at least $175,000 in their fiscal year ending in 2018; and applies to annual reports due on or after January 1, 2021, for entities having gross revenues less than $175,000 in their fiscal year ending in 2018.
Amends GS 59-35.2 to decrease the fee for submitting the electronic annual report to $125 (was $200 for a paper submission).
Applies to annual reports due on or after January 1, 2020.
Part V. Limited Partnerships
Enacts GS 59-109 to now require limited partnerships (LP) and foreign limited partnerships (LP) authorized to transact business in this State to electronically submit an annual report to the Secretary of State. Details the required information of the report, which are similar to that required of LPs under GS 59-84.4, as amended, except that it requires the report to include the fiscal year end of the LP and the year for which the annual report applies, as well as certain additional information for foreign LPs, if applicable. Requires the annual report to be current as of the date the annual report is submitted. Provides for submission of the report by the 15th day of the fourth month following the close of the LP's fiscal year. Provides identical provisions regarding incomplete information and amendments to annual reports as those provided for LLPs under GS 59-84.4, as amended. As with LLPs, authorizes the Secretary to provide notice or forms under the statute by email with consent, and deems any email address provided by a submitting LP to be confidential and not public record.
Enacts GS 59-110, authorizing the Secretary to revoke the registration of an LP or the certificate of authority of a foreign LP if the Secretary determine that (1) the LP has not paid any penalties, fees, or other payments due under the Chapter within 60 days after they are due; (2) the LP does not submit the annual report within 60 days after it is due; (3) the LP has been without a registered agent or registered office in this State for 60 days or more; or (4) the LP does not notify the Secretary within 60 days of the change, resignation, or discontinuance that is registered agent or registered office has been changed, that is registered agent has resigned, or that its registered office has discontinued. Provides for the administrative procedure for the Secretary to revoke registration or the certificate of authority, including written notice, a grace period for the LP to take corrective action, and filing a certificate of revocation reciting the ground(s) for revocation and the effective date, with a copy mailed to the LP. Provides for the LP to apply for reinstatement, with the procedures and appeal the same as those applicable to domestic corporations under GS 55-14-22 and GS 55-14-23. Provides for a name change of the LP if necessary at the time of application for reinstatement. Provides for a reinstatement of an LP to have the same effect as for a corporation under GS 55-14-22.
Amends GS 59-1106, to establish the fee amount for submitting the electronic annual report at $125. Makes technical changes.
Applies to annual reports due on or after that January 1, 2021.
Part VI. Disallowance of Refunds of Paid Sales and Use Taxes
Amends GS 105-164.14, which authorizes certain refunds of sales and use taxes for nonprofit entities. Now requires the Secretary of Revenue to verify that a nonprofit entity is not delinquent for failure to file an annual report with the Secretary of State based on information received at least 30 days prior to issuing a refund under the statute. Authorizes the Secretary of Revenue to deny the refund request if a nonprofit entity is delinquent for failure to file its annual report, and notify the entity of the denial and reasoning. Provides for cancellation of the denial and granting of the refund upon receipt of information from the Secretary of State that the entity is no loner delinquent in its annual report filing. Prohibits issuing a refund after one year from the date a request was denied for failure to file an annual report with the Secretary of State.
Effective when the act becomes law, directs the Secretary of State and Department of Revenue to jointly develop a process to verify an applicant for a refund has submitted all required annual reports. Further directs the Secretary of State and Department of Revenue to share specified relevant information upon request, as permitted by law. Requires the process to be operational prior to January 1, 2021. Requires the Department of Revenue to include information regarding nonprofit annual reporting requirements and eligibility for refunds.
Applies to requests for refunds submitted on or after January 1, 2021.
Part VII. Reinstatement Fee Revision
Amends GS 105-232, increasing the reinstatement fee payable to the Secretary of Revenue for corporations or LLCs suspended under GS 105-230 from $25 to $50. Requires the Secretary of Revenue to remit $25 of the reinstatement fee to the Secretary of State for reimbursement purposes, with funds in excess of the amount necessary for reimbursement reverting to the General Fund.
Part VIII. Enforcement
Current law, GS 55D-18, makes it a Class 1 misdemeanor to sign a document the person knows is false in any material respect with the intent that the document be delivered to the Secretary of State. Effective when the act becomes law, establishes statewide jurisdiction for the Department of the Secretary of State's law enforcement agents, and authorizes the agents to assist local law enforcement in their investigations and to also initiate and carry out investigations with the coordination of local law enforcement agencies. Grants the agents all powers and authority of law enforcement officers when executing arrest warrants. Authorizes the agents to have fictitious licenses, license tags, and registrations pursuant to GS 20-39(h) and GS 14-250 for purposes of conducting criminal investigations. Makes conforming changes, effective December 1, 2019.
S 364 (2019-2020) NC COMMERCIAL RECEIVERSHIP ACT REVISIONS. (NEW) Filed Mar 26 2019, AN ACT TO ENACT THE NORTH CAROLINA COMMERCIAL RECEIVERSHIP ACT; REPEAL CORRESPONDING ASSIGNMENTS FOR THE BENEFIT OF CREDITOR STATUTES; AND MAKE AN ACTION FOR THE APPOINTMENT OF A GENERAL RECEIVER FOR CERTAIN BUSINESS ENTITY DEBTORS A MANDATORY COMPLEX BUSINESS CASE, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION.
Repeals GS Chapter 23, Articles 1 (Assignments for Benefit of Creditors) and 2 (Petition of Insolvent for Assignment for Creditors). Repeals GS Chapter 1, Article 38 (Receivers).
Enacts new Article 38A, North Carolina Receivership Act, in GS Chapter 1. Defines terms as they are used in the Article. The Article applies to receiverships pursuant to any provisions of the General Statutes as well as any receiverships instituted under common law and the equitable power of the law.
Excludes from the scope of the Article any receivership in which the receiver is a state agency or in which the receiver is appointed, controlled, or regulated by a state agency. Prohibits a trust other than a business trust and an estate of a deceased natural person, missing person, or absentee in military service from being a debtor in a receivership under the Article.
Gives the court appointing a receiver the exclusive authority to direct the receiver and determine all controversies relating to the receivership or receivership property, wherever it is located.
Allows a receivership to be either a limited receivership or a general receivership. Provides that if the order appointing the receiver does not specify the type, then the receivership is a limited receivership unless and until the court by later order designates otherwise. Allows the type of receivership to be converted by court order at any time.
Allows a receiver to be appointed by filing a civil action by a creditor or other party in interest in which the sole relief requested is the appointment of a receiver or is combined with, or is ancillary to, a civil action seeking a money judgment or other relief, or in the case of a limited receivership, is part of a power of sale or judicial foreclosure proceeding. Provides that the court may appoint a receiver in such an action with notice to the debtor, all other parties to the action, any judgment creditor who is seeking the appointment of a receiver in any other action, and other parties in interest and other persons as the court may require.
Allows a Superior Court or District Court judge to appoint a receiver for a debtor that is an individual; limits who may appoint one for all other debtors to a Superior Court judge. Allows a limited receiver to be appointed before judgment to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, if the property or its revenue-producing potential is being subjected to or is in danger of waste, loss, dissipation, or impairment, or has been or is about to be the subject of a voidable transaction. Allows a limited or general receiver to be appointed in a judgment or after judgment to carry the judgment into effect, to preserve nonexempt property pending an appeal, when an execution has been returned unsatisfied and the debtor refuses to apply the property in satisfaction of the judgment, or in an action for which a receiver may be appointed on equitable grounds. Also allows a receiver to be appointed when a person that is not a natural person meets any of the eight specified criteria, including that the person is insolvent, the person is in imminent danger of insolvency, or the person suspends its business for want of funds. Allows a limited receiver to be appointed, in like cases, of the property located within this state of foreign persons. Person is defined in the Article to include both natural persons and entities such as corporations, limited liability corporations, partnerships, and other entities recognized under state law.
Specifies that an order appointing a receiver does not create a trust.
Allows any person, regardless of residency, to service as a receiver as long as the court makes written conclusions based on the record that the person is qualified to serve as receiver and officer of the court and is independent as to any party in interest and the underlying dispute. Sets out information that the court must consider when determining a receiver’s qualifications and in determining whether a receiver is independent.
Requires a receiver to give bond, in the sum, nature, and with conditions determined by the court.
Provides that a receiver is entitled to all defenses and immunities provided by the state laws for an act or omission within the scope of the appointment. Prohibits suing a receiver personally for an act or omission in administering receivership property without the approval of the court that made the appointment. Allows a party or party in interest to conduct discovery of the receiver concerning any matter relating to the receiver's administration of the receivership property after obtaining an order authorizing the discovery.
Gives the receiver the power to: (1) take possession of, collect, control, manage, conserve, and protect receivership property with or without the assistance of the sheriff of the county in which the receivership property is located as reasonably necessary; (2) incur and pay expenses incidental to the receiver's exercise of the powers or otherwise in the performance of the receiver's duties; (3) assert rights, claims, causes of action, or defenses that relate to receivership property; and (4) seek and obtain instruction from the court with respect to any matter relating to the receivership property, the exercise of the receiver's powers, or the performance of the receiver's duties. Sets out nine additional powers that are given to a general receiver. Imposes upon a receiver the duties to: (1) act in conformity with the laws of this state and the rules and orders of the court; (2) avoid conflicts of interest; (3) not directly or indirectly pay or accept anything of value from receivership property that has not been disclosed and approved by the court; (4) not directly or indirectly purchase, acquire, or accept any interest in receivership property without full disclosure and approval by the court; (5) to otherwise act in the best interests of the receivership and the receivership property.
Give the receiver the powers and priority as if it were a creditor that obtained a judicial lien at the time of appointment on all of the receivership property, subject to satisfying the recording requirements as to real property that are described in the statute.
Assigns the debtor with the duties to (1) assist and cooperate fully with the receiver in the administration of the receivership and the receivership property and the discharge of the receiver's duties, and comply with all rules and orders of the court; (2) immediately upon the receiver's appointment, deliver to the receiver all of the receivership property in the debtor's possession, custody, or control; (3) supply to the receiver information as requested relating to the administration of the receivership and the receivership property; and (4) remain responsible for the filing of all tax returns. Sets out actions the court may take if a person knowingly fails to perform these duties.
Allows the receiver to employ professionals to assist in carrying out the receiver’s duties; sets out provisions governing such employment. Provides for compensation of the receiver and any professional retained from the receiver from the receivership property. Sets out facts and circumstances that the court is to consider when determining reasonable compensation.
Allows the court to order the debtor or general receiver to file within 60 days of appointment, or earlier, a schedule of (1) all receivership property and exempt property of the debtor, describing specified information about the property and (2) a schedule of all creditors and taxing authorities and regulatory authorities along with specified information about these entities and their claims.
Sets out notice requirements for general receiverships.
Sets out the process under which a party in interest may make an appearance in a receivership. Requires the receiver to periodically file an updated list containing contact information for the debtor, receiver, person joined as parties to the receivership, person known to have asserted a claim or an interest in any part of the receivership property, and all persons who have filed a notice of appearance.
Sets out requirements for service. Provides that where a provision in this Article, an order issued in the receivership, or a court rule requires an objection or other response to a motion or application within a specific time, and no objection or other response is interposed, the court may grant the relief requested without a hearing. Also provides that where a provision of this Article allows, as to administrative matters, or where it otherwise appears that no party in interest would be materially prejudiced, the court may issue an order ex parte or based on an application without a motion, notice, or hearing.
Sets out requirements the receiver must meet concerning the preparation and retention of records as well as interim reporting requirements that the court may order.
Provides conditions under which the court may remove a receiver, and provides for appointment of a successor.
Allows the court to discharge a receiver and terminate the receivership if the court finds that the appointment was improvident or that the circumstances no longer warrant continuation of the receivership. Allows assessing specified fees and damages against a person who sought a receiver’s appointment if the court finds that the appointment of the receiver was sought wrongfully or in bad faith. Requires the receiver to file a final report upon distribution or disposition of all receivership property or upon completion of the receiver’s duties and requires requesting that the court approve the final report and discharge the receiver. Sets out requirements for the final report.
Allows the receiver to sue in the receiver's capacity and allows the receiver to be sued in that capacity; sets out provisions governing venue, joinder, and the effect of judgments in such suits.
Sets out conditions under which a receiver can demand a person or debtor turn over property or owed debt to the receiver. Sets out the process for compelling the turnover of receivership property.
Allows a receiver to apply in a foreign jurisdiction for appointment as a receiver with respect to any receivership property located in a foreign jurisdiction. Sets out provisions governing foreign receivers seeing to obtain appointment by a court in this state with respect to property located in this state.
Gives the court appointing the receiver control and supervision over all receivership property and allows the court to order stays to protect the property and facilitate administration of the receivership. Provides that the entry of an order appointing a receiver operate as a stay, applicable to all persons, of an act, action, or proceeding: (1) to obtain possession of receivership property, or to interfere with or exercise control over receivership property, or enforce a judgment against receivership property, other than the commencement or continuation of a judicial, administrative, or other action or proceeding to enforce any lien having priority over the rights of the receiver in receivership property and (2) any act to create or perfect any lien against receivership property, except by exercise of a right of setoff, to the extent that the lien secures a claim that arose before the time of appointment. Sets out additional acts that are stayed by the entry of an order appointing a general receiver and sets out the duration of such stays. Sets out nine actions that are not stayed by the entry of an order appointing a receiver.
Sets out provisions governing the provision of utility services to receivership property.
Allows a receiver, without court order, to obtain unsecured credit and incur unsecured debt on behalf of the receivership. Sets out the process under which the receiver may be authorized by the court to obtain secured credit or incur secure indebtedness.
Allows a receiver, with court approval, to adopt or reject an executory contract of the debtor that is part of the receivership property. Sets out further provisions governing such contracts, including termination of executory contracts, assignments of executory contracts, actions that may be taken upon rejection of an executory contract for the sale of real property, and circumstances under which a receiver may not reject an unexpired lease of real property under which the debtor is the landlord.
Allows a receiver, with court approval, to use receivership property other than in the ordinary course of business. Allows the court to authorize the transfer of receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition. Allows the court to order that the receiver's sale of receivership property is free and clear of all liens and all rights of redemption and claims of exemption of the debtor, regardless of whether the sale will generate proceeds sufficient to satisfy fully all liens and claims of exemption on the receivership property, except when specified criteria are met. Sets out the timing for a secured party holding a lien and a debtor claiming an exemption in the receivership property to be sold that will not be paid in full from the proceeds of the proposed sale to file an objection to the receiver's motion. Sets out additional provisions governing the transfer of property.
Allows a receiver, with court approval, to abandon receivership property that is burdensome or not of material value to the receivership.
Sets out provisions governing a claims process. Allows a receiver of party in interest to file an objection to a claim. Provides the order of priority to be given claims.
Provides that the holder of each allowed unsecured claim is also entitled to interest to the extent that funds are available to pay in full the allowed unsecured claims.
Includes requirements for a distribution schedule and providing notice of the schedule.
Sets out limitations on the effect of a request by a secured party for the appointment of a receiver, the appointment of a receiver, or the application by a secured party of a receivership property to the secured obligation.
Amends GS 7A-45.4 by allowing an action in which a general receiver is sought to be appointed for a debtor that is not an individual and has assets with a fair market value of no less than $1 million to be designated as a mandatory complex business case. Require the notice of designation to be filed in such an instance by the debtor, any person with a lien on receivership property, or any creditor of the debtor.
Amends GS 57D-3-02 to provide that a person ceases to be a member of a limited liability company upon the execution of an assignment for the benefit of creditors under any applicable law or upon the appointment of a general receiver for the person.
Amends GS 23-38 to provide that an order of discharge under any Article of GS Chapter 23 (Debtor and Creditor) must declare that the debtor must be exempted from arrest or imprisonment on account of any judgment, or by reason of any debt due at the time of such order, or contracted for before that time though payable afterwards, except that (1) no debt, demand, judgment or decree against a debtor who is discharged will be affected or impaired by the discharge, but the same must remain valid and effective against all of the debtor’s property acquired after discharge and the appointment of a trustee, and the lien or any judgment or decree upon the debtor’s property must not in any manner be affected by the discharge and (2) the body of the debtor is free from arrest or imprisonment at the suit of every creditor, as to him only, to whom the notice required may have been given.
Amends GS 7A-249 by making conforming changes.
Applies to receiverships commenced on or after January 1, 2020.
S 374 (2019-2020) COVID-19/2020-21 SCHOOL CALENDAR START. (NEW) Filed Mar 27 2019, AN ACT TO ALLOW LOCAL BOARDS OF EDUCATION FLEXIBILITY WITH STATE BOARD OF EDUCATION APPROVAL IN THE USE OF REMOTE INSTRUCTION DURING THE FIRST WEEK OF THE 2020-2021 SCHOOL YEAR WHEN NEEDED TO ENSURE STUDENT HEALTH AND SAFETY DUE TO COVID-19.
Amends GS 135-5(g) (concerning the Teachers and State Employee Retirement System) and GS 128-27(g) (concerning the Local Government Employees' Retirement System) to limit certain allowance election options for members under each System. Now limits Option 4/four (providing for election of adjustment of retirement allowance for social security benefits) and Option 6/six (providing an added provision regarding payment of the retirement allowance in the event the designated beneficiary predeceases the member, for members electing Options 2 or 3) to members retiring on or before July 1, 2020. Makes conforming changes and makes the language gender neutral.
S 375 (2019-2020) DEATH BY DISTRIBUTION. Filed Mar 27 2019, AN ACT TO CREATE THE OFFENSES OF DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES AND AGGRAVATED DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES.
Identical to H 474, filed 3/26/19.
Includes whereas clauses.
Enacts new GS 14-18.4 creating the crime of death by distribution of certain controlled substances applicable in instances when (1) the person unlawfully distributed at least one certain controlled substance to the victim; (2) the ingestion of the certain controlled substance or substances caused the user's death; (3) the person's unlawful distribution of the certain controlled substance or substances was a proximate cause of the victim's death; and (4) the person did not act with malice. Punishable as a Class C felony.
A person is guilty of aggravated death by distribution of certain controlled substances if the person meets the elements distribution of certain controlled substances described above and also has a previous conviction under this statute, GS 90-95(a)(1) (manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance), GS 90-95(e)(5) (any person 18 years of age or over who violates GS 90-95(a)(1) by selling or delivering a controlled substance to a youth in the identified age ranges or to a pregnant woman), GS 90-95.1 (engaging in a continuing criminal enterprise), GS 90-95.4 (employing or intentionally using a minor to commit a drug law violation), GS 90-95.6 (promoting drug sales by a minor), or trafficking in violation of GS 90-95, or a prior conviction in any federal or state court is substantially similar to an offense listed, within seven years of the date of the offense. Punishable as a Class B2 felony.
Defines certain controlled substances as any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; cocaine or any other substance described in GS 90-90(1)(d); methamphetamine; a depressant described in GS 90-92(a)(1); or a mixture of one or more of these substances.
Provides that death by distribution of certain controlled substances constitutes a lesser included offense of aggravated death by distribution of certain controlled substances in violation of this statute and of murder.
Includes the General Assembly's intent.
Applies to offenses committed on or after December 1, 2019.
| Intro. by Brown, Bishop. | GS 14 |
S 376 (2019-2020) NC PATRIOT STAR FAMILY SCHOLARSHIP/FUNDS. Filed Mar 27 2019, AN ACT TO ENACT THE NORTH CAROLINA PATRIOT STAR FAMILY SCHOLARSHIP ACT.
Identical to H 475, filed 3/26/19.
Appropriates $500,000 in recurring funds for 2019-20 from the General Fund to the UNC Board of Governors to be provided as a grant to the Patriot Foundation to establish the NC Patriot Star Family Scholarship Program (Program) to provide scholarships to eligible children and spouses of certain veterans and current service members of the US Armed Forces to attend eligible post secondary institutions. Defines eligible child as a person (1) who is attending or has been accepted to enroll in an eligible postsecondary institution; (2) who is a legal resident of the state when scholarship documentation is completed, (3) has complied with the Selective Service System requirements, and (4) whose parent is a veteran or a currently serving member of the Armed Forces that meets the specified NC residency requirements and meets the following specified service conditions: (a) was a member of the Armed Forces who was killed in action or in the line of duty, or died of wounds or other causes not due to the service member's willful misconduct during a period of war or national emergency; (b) was a member of the Armed Forces who died of service-connected injuries, wounds, illness, or other causes incurred or aggravated while a member of the Armed Forces during a period of war or national emergency; (c) is a veteran of the Armed Forces who incurred traumatic injuries or wounds or sustained a major illness while a member of the Armed Forces during a period of war or national emergency and is receiving compensation for a wartime service-connected disability of at least 50%; (d) is a current member of the Armed Forces who incurred traumatic injuries or wounds or sustained a major illness while a member of the Armed Forces during a period of war or national emergency. Defines an eligible spouse as any person (1) who is attending or has been accepted to enroll in an eligible postsecondary institution, (2) who is a legal resident of the state when scholarship documentation is completed, (3) has complied with the requirements of the Selective Service System, and (4) whose spouse was a member of the Armed Forces who was killed in action or the line of duty, or died of wounds or other causes not due to the service member's willful misconduct during a period of war or national emergency. Also defines eligible postsecondary institutions and veteran.
Makes the Patriot Foundation responsible for administering the Program and sets out types of criteria and procedures that must be established by the Foundation. Prohibits the sum of all awarded scholarships and grants from exceeding the cost of attendance for the institution; requires that the amount of the scholarship be reduced in such circumstances.
Requires the Foundation to report annually by April 1 to the specified NCGA committee and division on the activities described in the act and the use of state funds.
Effective July 1, 2019.
| Intro. by Brown, Perry, Sanderson. | APPROP |
S 377 (2019-2020) MILITARY BASE PROTECTION ACT. Filed Mar 27 2019, AN ACT TO AMEND VARIOUS STATUTES GOVERNING THE PERMITTING OF WIND ENERGY FACILITIES.
Amends GS Chapter 143, Article 21C (Permitting of Wind Energy Facilities) by adding new GS 143-215.116A as title indicates. Require the Department of Commerce and Department of Environmental Quality to make the Vertical Obstruction Impact on the NC Military Mission map, used to determine the impacts, available on their website. Applies to applications for permits for a proposed wind energy facility or a proposed expansion pending or submitted on or after date law becomes effective.
| Intro. by Brown, Newton, Sanderson. | GS 143 |
S 378 (2019-2020) LOCAL ECONOMIC DEVELOPMENT MODIFICATIONS. Filed Mar 27 2019, AN ACT TO CHANGE WHEN PUBLIC HEARINGS ARE REQUIRED FOR ECONOMIC DEVELOPMENT EXPENDITURES.
Amends GS 158-7.1, which authorizes local governments to make appropriations for specified economic development activities and requires any appropriation or expenditure pursuant to the statute to be approved by the county or city governing body after a public hearing, as specified. Now specifies that the respective governing board's approval, after public hearing, is only required of appropriations or expenditures pursuant to subsection (b) of the statute, which enumerates specific authorized economic development activities.
| Intro. by Johnson. | GS 158 |
S 379 (2019-2020) RETIREE AMENDMENTS. Filed Mar 27 2019, AN ACT TO MAKE CLARIFYING AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE STATE TREASURER, THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND TO RELATED STATUTES, AND TO AUTHORIZE THE LEGISLATIVE SERVICES COMMISSION TO OBTAIN CRIMINAL RECORD CHECKS OF ANY PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS OF THE GENERAL ASSEMBLY.
To be summarized.
| Intro. by Wells, Johnson. |
S 380 (2019-2020) DHHS BLOCK GRANTS. (NEW) Filed Mar 27 2019, AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS RELATED TO DHHS BLOCK GRANTS.
Section 1
Provides legislative findings. Authorizes the Department of Natural and Cultural Resources (DNCR) to add Overmountain Victory National Historic Trail (Trail), as described, to the State Parks System as a State Trail as provided in GS 143B-135.54(b). Provides parameters regarding the facilitation of trail segments and governing laws. Exempts the authorization from requirement that additions be accompanied by adequate appropriations for land acquisition, development, and operations. Authorizes the State to receive donations of appropriate land and to purchase other needed lands for the Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available funding sources.
Section 2
Authorizes DNCR to add the Wilderness Gateway Trail (Trail) to the State Parks System as a State Trail as provided in GS 143B-135.54(b). Provides identical provisions, exemptions, and authorizations as provided in Section 1.
Directs the Division of Parks and Recreation of DNCR (Division) to study the feasibility of connecting the Town of Valdese, the City of Hickory, the Overmountain Victory State Trail, natural areas located in Burke and Catawba counties, and other communities and places of interest to the Trail. Requires the study to consider improving access across and from Interstate 40 to specified portions of South Mountains State Park. Requires the Division to submit a report to the specified NCGA committee and division by December 1, 2019.
Section 3
Amends GS 143B-135.43, granting DNCR the responsibility for the planning and coordination of State trails, which are deemed components of the State Parks System, authorized by GS 143B-135.54(b).
Amends GS 143B-135.92, now providing that the purpose of Part 34, North Carolina Trails System, is to provide means for attaining the specified outdoor recreation needs by instituting a State Trails System (was, a State system of scenic and recreation trails). Makes conforming changes.
Amends GS 143B-135.94, making conforming changes to refer to the State Trails System. Replaces the definition of trail, now defining the term to mean a linear corridor on land or water, protected from motor vehicles, providing public access for recreation or transportation.
Amends GS 143B-135.96, now providing that the State Trails System is composed of State trails, which are deemed components of the State Parks System, authorized by GS 143B-135.54(b), and planned and coordinated by the DNCR.
Amends GS 143B-135.104 to require DNCR to publish notice of a selected trail route together with the appropriate maps and descriptions online and at the proposed trail location (was in a newspaper of general circulation in the area in which the trail is located together with the maps and descriptions posted at the appropriate courthouse).
Amends GS 143B-135.108, establishing a general rule that, on segments of any State trail that cross property controlled by agencies or owners other than the Division, the laws, rules, and policies of those agencies or owner govern the use of the property. Makes conforming changes.
Amends GS 143B-135.116 to provide that Part 34 does not preclude a component of the National Trails System from becoming a part of the State Trails System.
Section 4
Recodifies GS 143-323(a) and (d) as GS 143B-50.1(a) and (b), concerning duties of the Department of Environmental Quality (DEQ) regarding recreation. Transfers the existing duties of DEQ under the statute to DNCR. Additionally, designates the Director of the Division of Parks and Recreation as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or any successor fund established for similar purposes. Authorizes the DNCR Secretary to designate additional personnel to assist the Division Director in the responsibility.
Section 5
Amends GS 143B-135.16, which makes a violation of DNCR's rules governing public use of State parks and State lakes under its charge a Class 3 misdemeanor. Now specifies seven rules punishable as an infraction, punishable by a penalty not to exceed $25; includes: (1) parking a motor vehicle outside of a designated area; (2) using skateboards and similar devices in prohibited areas; (3) bathing animals or washing clothes or motor vehicles; (4) bathing, surfing, diving, swimming, and the like in undesignated areas; (5) carrying or depositing glass, crockery, or any metallic substance on a swimming area or beach; (6) using boats, rafts, canoes, and other vessels in designated swimming areas; and (7) fishing in nondesignated areas. Adds a prohibition that a person found responsible for a violation carrying a penalty of an infraction of the statute cannot also be assessed court costs for the infraction.
| Intro. by Wells, Hise, Daniel. | GS 143B |
S 381 (2019-2020) RECONSTITUTE/CLARIFY BOARDS AND COMMISSIONS. (NEW) Filed Mar 27 2019, AN ACT TO RECONSTITUTE SEVERAL BOARDS AND COMMISSIONS HELD TO HAVE UNCONSTITUTIONALLY APPOINTED MEMBERSHIP PURSUANT TO MCCRORY V. BERGER AND COOPER V. BERGER AND TO MAKE CLARIFICATIONS TO THOSE BOARDS.
Makes the following changes to Part 41, Clean Water Management Trust Fund (Fund), of Article 2, GS Chapter 143B.
Adds to the revenue sources of the Fund set out in GS 143B-135.234 hazardous mitigation funds from the Federal Emergency Management Agency (FEMA) and other agencies. Modifies the authorized uses of the Fund, adding (1) the prevention of incompatible use encroachment around military installations or military training areas, or for State matching funds for federal initiates that provide funds to buffer military installations or training areas from incompatible use encroachment, and (2) protection and restoration of floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities. Makes conforming changes.
Modifies the composition of the membership of the Clean Water Management Trust Fund Board of Trustees (Board of Trustees) set out in GS 143B-135.240, to increase appointees of the Governor from three to five of the nine members (previously, the General Assembly appointed six of the nine members). Provides for the terms of initial appointees, with staggered terms expiring July 1, 2020; July 1, 2021; and July 1, 2022. Makes conforming changes. Adds a new provision providing for the removal of members pursuant to GS 143B-16.
Adds to the criteria the Board of Trustees must consider in developing criteria for awarding grants from the Fund. Now includes consideration of the objective of basinwide integrated water management plans developed and adopted at the regional level and the likelihood of land-use change and development. When considering water supply availability and the public's need for resources adequate to meet demand for essential water uses, allows the Board of Trustees to include the value of preserving capacity by preventing sedimentation and nutrient pollution (was, consideration of the likelihood of a proposed water supply project ultimately being permitted and built). Adds that priority must be given to development projects that are part of a comprehensive, long-term land-use plan by a State agency, local government, or land trust corporation accredited by the Land Trust Alliance.
Amends GS 143B-135.246, to eliminate the exemption of the Fund's Executive Director and staff from the Human Resources Act as provided in GS 126-5(c1).
Repeals GS 143B-135.248, which establishes the Clean Water Management Trust Fund Advisory Council. Makes conforming deletions throughout Part 41.
Makes conforming repeal of GS 126-5(c1)(21).
Directs the Chair of the Board of Trustees to report to the specified NCGA committees, subcommittee, and division regarding the act's implementation by July 1, 2020.
Corrects statutory references in GS 20-79.7(b), regarding the distribution of special license plate fees from specified accounts.
Amends GS 143B-135.202, which sets forth the composition of the membership of the NC Parks and Recreation Authority. Increases members appointed by the Governor from three to five of the nine members (previously, the General Assembly appointed six of the nine members). Provides for the terms of initial appointees, with staggered terms expiring July 1, 2020; July 1, 2021; and July 1, 2022. Makes conforming changes.
Effective July 1, 2019. Specifies that all rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in the act remain in full force and effect until and unless duly modified by the successor entities.
S 382 (2019-2020) SCH. PSYCHOLOGIST COMPENSATION & RECRUITMENT. Filed Mar 27 2019, AN ACT TO APPROPRIATE FUNDS TO INCREASE COMPENSATION FOR SCHOOL PSYCHOLOGISTS AND TO ESTABLISH THE SCHOOL PSYCHOLOGIST RECRUITMENT AND RETENTION PROGRAM.
Identical to H 482, filed 3/27/19.
Part I
Requires that in addition to the salary provided in accordance with the "A" salary schedule, school psychologists are to receive $1,000 per month. Appropriates $7.5 million in recurring funds from the General Fund for the 2019-20 fiscal year to the Department of Public Instruction (DPI) to provide the described compensation increases for school psychologists.
Part II
Directs the State Board of Education (State Board) to establish the School Psychologists Recruitment and Retention Program (program) to recruit and retain high-quality school psychologists in public schools by providing signing and retention bonuses. Directs the recruitment and retention coordinator, defined as a person at DPI responsible for program administration and under the direct supervision of the Superintendent of Public Instruction, to coordinate with public school units to allocate funds appropriated by the act. Defines public school unit to mean a local school administrative unit, charter school, regional school, or school(s) operated or governed by the State Board, UNC, the Department of Health and Human Services, or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Details parameters that must be followed in the allocation of funds and establishes that the recruitment and retention coordinator has discretion over the allocation of funds otherwise. Requires that bonuses be conditioned on the existence of an agreement between the public school unit and the school psychologist and approved by the recruitment and retention coordinator and includes provisions requiring the school psychologist to remain employed in the public school unit for three to five years and return bonus funds to DPI on a prorated basis if he or she does not remain employed for that time period and has not been terminated due to death, reduction in force, or disability. Prohibits individual bonuses from exceeding $10,000. Details unique factors of each public school unit the recruitment and retention coordinator must consider in determining program fund allocation, including the overall impact on student mental health in the public school unit if the funds were provided, and the history of difficulty in recruiting or retaining school psychologists at the public school unit. Requires public school units to agree that program funds will be used to supplement and not supplant local funds for school psychologists before the provision of any program funds by the recruitment and retention coordinator.
Requires the recruitment and retention coordinator to report to the President Pro Tempore, the Speaker, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division by September 30, 2019, and every subsequent three months in which program funds are awarded. Requires the report to identify the public school units receiving funds, the amount of funds received, and the purposes for which the funds were used.
Appropriates from the General Fund to DPI for the 2019-20 fiscal year $750,000 in recurring funds to establish and implement the program, and authorizes DPI to use up to $100,000 to establish a new, full-time equivalent recruitment and retention coordinator position at DPI to administer the program.
Part III
Effective July 1, 2019.
| Intro. by Ballard, D. Davis, Edwards. | APPROP |
S 383 (2019-2020) NC TEACHING FELLOWS CHANGES. Filed Mar 27 2019, AN ACT TO MAKE CHANGES TO THE NORTH CAROLINA TEACHING FELLOWS PROGRAM.
Amends GS 116-209.62, regarding the NC Teaching Fellows Program (Program). Expands the Program to include eight higher education institutions with approved educator preparation programs (EPPs) that represent a diverse selection by the Teaching Fellows Commission of both postsecondary constituent institutions of the UNC System and private postsecondary institutions operating in the State (previously, limited selection to five institutions and did not require the selections to represent a diverse pool). Makes technical and conforming changes. Effective July 1, 2019, and applies to the award of forgivable loans beginning with the 2020-21 academic year.
Further amends GS 116-209.62 to provide for forgivable loans under the Program to students matriculating at institutions of higher education who are changing to an approved program of study at (was, enrollment in) a selected EPP. Effective July 1, 2019, and applies to the award of forgivable loans beginning with the 2019-20 academic year.
| Intro. by Ballard, Tillman, Johnson. | GS 116 |
S 384 (2019-2020) CLARIFY MOTOR VEHICLE DEALER LAWS. Filed Mar 27 2019, AN ACT TO CLARIFY VARIOUS MOTOR VEHICLE DEALER LAWS.
Identical to H 455, filed 3/26/19.
Amends the definitions in GS 20-286 that apply to the motor vehicle dealers and manufacturers licensing laws by adding and defining the term special tool or essential tool.
Amends GS 20-305 to make unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative whatsoever of any of them, to require, coerce, or attempt to coerce any new motor vehicle dealer in the state to purchase or lease computer hardware or software used for any purpose other than the maintenance or repair of motor vehicles (was, to purchase nondiagnostic computer equipment or programs). Adds that instead of purchasing or leasing any special tools that are required by a manufacturer, factory branch, distributor, or distributor branch, a dealer may share access to special tools with other dealers if the four specified conditions are met, including that the dealers have franchises with the same manufacturer, factory branch, distributor, or distributor branch, and that sharing tools will not unreasonably delay the completion of repairs. Further amends the statute by amending the definition of goods as used in the prohibition of requiring, coercing, or attempting to coerce a dealer located in this state to purchase goods or services of any nature from a vendor selected, identified, or designated by a manufacturer, distributor, affiliate, or captive finance source when the dealer may obtain goods or services of substantially similar quality and design from a vendor selected by the dealer, provided the dealer obtains prior approval from the manufacturer, distributor, affiliate, or captive finance source, for the use of the dealer's selected vendor. Provides that "goods" does not include parts as reasonably required by the manufacturer to be used in repairs under warranty obligations of a manufacturer or distributor.
Amends the provisions of GS 20-305 that make it illegal to assign or change a franchised new motor vehicle dealer's area of responsibility under the franchise arbitrarily or without due regard to the present or projected future pattern of motor vehicle sales and registrations within the dealer's market and without having provided the affected dealer with written notice, as specified. Adds that a franchised new motor vehicle dealer who believes that it is unreasonable for a manufacturer, factory branch, distributor, or distributor branch with whom the dealer has entered into a franchise to include one or more portions of the dealer's existing area of responsibility previously unassigned to that dealer may request the elimination of the contested territory from the dealer's area of responsibility by submitting a written request. Sets out additional requirements governing the request. Allows a dealer to file a petition within 60 days of receiving notice of the manufacturer's rejection of the dealer's request to eliminate the contested territory and have an evidentiary hearing. Makes conforming changes.
Amends the provisions of GS 20-305 that make it illegal to establish, implement, or enforce criteria for measuring the sales or service performance of any of its franchised new motor vehicle dealers in this state that (1) are unfair, unreasonable, arbitrary, or inequitable; (2) do not consider available relevant and material local, State, and regional criteria, data, and facts; relevant and material criteria, data, or facts include those of motor vehicle dealerships of comparable size in comparable markets; and (3) if such performance measurement criteria are based on a survey, the survey must be based on a statistically significant and valid random sample; no longer requires that these actions be taken for the purpose of cancelling, terminating, or nonrenewal of a franchise agreement. Makes conforming changes. Expands upon the types of decisions in which the performance criteria of the manufacture or distributor (which have been found to be faulty in one of the specified ways) may not be used as any part of the determination. Makes additional clarifying changes.
Amends GS 20-305 by making it illegal to prohibit, limit, or restrict a dealer from selling over the Internet parts and accessories obtained by the dealer from the manufacturer, factory branch, distributor, or distributor branch, or from any source recommended or approved by such entities.
Amends GS 20-305.1 (concerning automobile dealer warranty and recall obligations) to limit conducting the following audits to only one time within a 12-month period: (1) for warranty or recall parts or service compensation, or compensation for a qualifying used motor vehicle; (2) for sales incentives, service incentives, rebates, or other forms in incentive compensation; (3) of a dealer by a manufacturer for sales or leases made to exporters or brokers. Adds that persons or entities employed or contracted by a manufacturer, factory branch, distributor, or distributor branch to conduct an audit of a dealer regulated by the statute must comply with the statue's requirements. Makes it unlawful to contract with or employ any person or other entity to conduct an audit of any motor vehicle dealer in the state regulated under the statute for which the person or entity conducting the audit would be compensated on the bases of the dollar amount, volume, or number of charge backs that would result to the dealer from the audit.
Amends GS 20-305 to make it illegal for a motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof to own any ownership interest in, operate, or control any motor vehicle dealership in this state that offers motor vehicles for sale, lease, or subscription (was, any motor vehicle dealership in this state).
Amends GS 20-305.7 to void (was, voidable at the option of the dealer) any requirement that a new motor vehicle dealer provide its customer lists, customer information, consumer contact information, transaction data, or service files to the manufacturer, factory branch, distributor, or distributor branch, or to a third party as a condition to the dealer's participation in any incentive program or contest. Amends one of the three conditions that must be met in order to avoid voiding the requirement to include that the dealer is either permitted to restrict the data fields that may be accessed in the dealers's computer system, or the dealer is allowed to provide the same data or information by furnishing the data in a widely accepted file format. Makes additional clarifying changes. Adds that it is unlawful for any manufacturer, factory branch, distributor, or distributor branch to fail or refuse to a provide dealer notice, in a standalone written document, at least 60 days before making any changes in any of the dealer or customer data the dealer is required to share. The changes in the data is void unless the applicable manufacturer, factory branch, distributor, or distributor branch complies with the notice requirements. Makes it unlawful for any manufacturer, factory branch, distributor, distributor branch, dealer management computer system vendor, or any third party with access to a dealer management computer system to (1) take any action that would prohibit or limit a dealer's ability to protect, store, copy, share, or use any customer or dealer information maintained in a dealer management computer system used by a new motor vehicle dealer located in the state and sets out an inclusive list of examples of such prohibited conduct and (2) engage in cyber ransom. Makes it illegal for any dealer management computer system vendor or other third party who has access to any dealer or management computer system to fail or refuse to (1) adopt and make available a standardized framework for the exchange, integration, and sharing of data from dealer management computer systems with any party authorized to access a dealer management computer system; (2) provide access to open application programming interfaces to any party authorized to access a dealer management computer system; (3) access, use, store, or share any data from a dealer management computer system only to the extent permitted in its written agreement with the dealer; (4) make any agreement regarding access to, sharing or selling of, copying, using, or transmitting data on any dealer management computer system terminable upon no more than 90 days' notice from the dealer; (5) upon receipt of notice of the dealer's intent to terminate its contract, work to ensure a secure transition to a successor dealer management computer system vendor or any other party authorized to access a dealer management computer system; (6) promptly provide a dealer, upon request, with a list of entities with whom it is sharing any data from the dealer management computer system, or to whom it has allowed access to any data from the dealer management computer system; and (7) allow and facilitate a dealer to audit the dealer management computer system vendor's access and use of its dealer management computer system and any data obtained or obtainable from its dealer management computer system.
Amends GS 20-308.1 to give any association comprised of at least 400 new motor vehicle dealers, or at least 10 motorcycle dealers, substantially all of whom are new motor vehicle dealers located within the state and which represents the collective interests of its members, standing to initiate an action or participate as a party to any civil or administrative proceeding in any of the courts or administrative agencies of this state. Removes the requirement of initiating mediation before the association and manufacturer, factory branch, distributor, or distributor branch brings an action. Amends when a cognizable injury to the collective interest of the members of the association is deemed to have occurred to when a manufacturer, factory branch, distributor, or distributor branch doing business in this state engages in any conduct or takes action that has harmed or would harm or which has or would affect all or a substantial number of franchised new motor vehicle dealers in the state.
Includes a severability clause.
| Intro. by B. Jackson. |
S 385 (2019-2020) CLARIFY/AUTO DEALERS REGULATORY REQ. Filed Mar 27 2019, AN ACT TO CLARIFY MOTOR VEHICLE DEALER REGULATORY REQUIREMENTS.
Amends GS 20-287, permitting an individual who has submitted an application to the Division of Motor Vehicles (DMV) for a sales representative license under GS 20-288(a) to engage in activities as a sales representative while the application is pending so long as the individual is actively and directly supervised by a licensed motor vehicle dealer or a licensed sales representative. Makes conforming changes to add any supervised sales representative who has submitted an application for licensure to the scope of the prohibitions set out in GS 20-306, regarding unlawful transactions, as specified.
Amends GS 20-288, adding new requirements for applications for new motor vehicle dealer licenses, including requiring the application to be accompanied by an application for a dealer license plate, and for the applicant to certify whether the applicant or any parent, subsidiary, affiliate, or any other entity related to the applicant is a manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler, and if so, whether the applicant contends it qualifies for a motor vehicle dealer license under any exception to the prohibition on issuance of the license to any manufacturer and the like under GS 20-305.2(a).
Adds a similar certification requirement for applications for used motor vehicle dealer licenses, requiring the applicant to certify whether the applicant or any entity having common ownership or affiliation with the applicant is a motor vehicle manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler, and if so, whether the applicant contends it qualifies for a motor vehicle dealer license under any exception to the prohibition on issuance of the license to any manufacturer and the like under GS 20-305.2(a).
Now requires the DMV to publish notice in the NC Register upon submission of any license application or renewal application by a manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler. Details requirements of the notice, and prohibits the DMV from approving or issuing a license or renewal to such an entity earlier than 15 days from the date the notice of the license or renewal application was published.
Amends GS 20-58.4, making a secured party who fails or refuses to release a security interest or mail or deliver the certificate of title and release in compliance with subsections (a), (a1), or (b) of the statute (which provides for release and delivery of certificate of title upon satisfaction or other discharge of the security interest) now liable for all costs, damages, and expenses, including reasonable attorneys' fees, lawfully incurred by the titled owner or person satisfying the lien in any suit brought in NC for cancellation of the security interest. Additionally makes the secured party liable to the DMV for a $500 civil penalty.
Amends GS 20-2, establishing that any rule, change in law, or other action applicable to motor vehicles sold or leased by a motor vehicle dealer only applies to sales or leases made on or after the effective date of changes, regardless of the date of submission of a title and registration application for the motor vehicle to the DMV. Adds that no new or adjusted fee or tax levied, new or amended form prescribed by the DMV, or any other change under GS Chapter 20 applies to a motor vehicle sale or lease made prior to the effective date of the new or adjusted fee or tax, new or amended form prescribed by the DMV, or other change.
| Intro. by B. Jackson. | GS 20 |
S 386 (2019-2020) GREATER TRANSPARENCY IN HEALTH CARE BILLING. Filed Mar 27 2019, AN ACT TO PROVIDE GREATER TRANSPARENCY IN HEALTH CARE SERVICES BILLING AND REDUCE BILLING WHICH COMES AS A SURPRISE TO THE PATIENT.
Repeals GS 58-3-200(a), which sets out definitions for the terms health benefit plan and insurer as used in the statute (Miscellaneous insurance and managed care coverage and network provisions). Instead, enacts GS 58-2-200(a1) (appears to intend GS 58-3-300(a1)), setting forth defined terms clinical laboratory, health care provider, and health services facility, as they apply to the statue.
Amends GS 58-3-200(d) regarding services by outside provider networks. Now requires the insurer, upon notice from the insured, to determine whether a health care provider able to meet the needs of the insured is reasonably available to the insured without unreasonable delay by reference to the insured's location and the specific medical needs of the insured. Requires the amount allowed for services provided under subsection (d) to be calculated using the benchmark amount under GS 58-3-201, as enacted, unless otherwise agreed to by the health care provider and the insurer. Does not require an insurer to make any direct payment to a health care provider. Prohibits health care providers from subjecting an insured to or otherwise requiring prior payment of an amount in excess of the applicable reasonable payment under GS 58-3-201, as enacted, prior to services being rendered to the insured.
Enacts GS 58-3-201, setting a benchmark amount, to be calculated at least annually, which is presumed to be a reasonable total payment for services provided by a health care provider outside an insurer's health care provider network, or for emergency care services provided. Details the calculation of the benchmark amount, and provides for the application of the benchmark amount, deeming payment of the amount to foreclose the health care provider from collecting additional amounts from the insured or any third party. Specifies that the insurer is not required to make payment of any amount owed directly to a health care provider. Deems noncompliance an unfair and deceptive trade practice and actionable under GS Chapter 75. Specifies that the provisions do not foreclose other remedies available.
Enacts Article 11B, Transparency in Health Services Billing Practices, to GS Chapter 11B. Sets forth defined terms health benefit plan, health care provider, health services facility, and insurer. Requires a health services facility or a health care provider participating in the insurer's health care network to provide the insured with a written disclosure containing five specific components at the time the facility or provider: (1) treats the insured for anything other than screening and stabilization, (2) admits an insured to receive emergency services, (3) schedules a procedure for nonemergency services for an insured, or (4) seeks prior authorization from an insurer for the provisions of nonemergency services to an insured. Additionally requires health services facilities to provide a written disclosure to the insured containing four specified components at the time the facility begins the provision of emergency services to an insured when the facility does not have a contract with the applicable insurer.
Prohibits health services facilities and health care providers from collecting an amount for services in excess of the benchmark amount calculated pursuant to GS 58-3-201, as enacted, unless the insurer does not have contracted health care providers or health services facilities in its health care provider network that are able to meet the needs of the insured and that are reasonably available to the insured without unreasonable delay. Defines services and provides for exclusions. Provides for what is considered a reasonable payment and total payment under the statute, mirroring provisions of GS 58-3-201, as enacted. Requires health services facilities contracting with providers that do not participate in an insurer's health care provider network to require the nonparticipating health care providers to comply with the billing and collections practices set out in the statute. Provides for situations where insurers can recover overpayments upon 30 days' notice and demand.
Deems noncompliance an unfair and deceptive trade practice and actionable under GS Chapter 75. Specifies that the provisions do not foreclose other remedies available.
Enacts Article 41A, Transparency in Health Care Provider Billing Practices, in GS Chapter 90. Sets forth defined terms health care provider, health services facility, hospital-based health care provider, and insurer. Requires a nonparticpating health care provider that does not participate in the health care provider network of the insured's insurer to include a statement on any billing notice to an insured that the insured is not responsible for paying any more than the applicable in-network deductible, co-payment, or coinsurance amounts and has no legal obligation to pay any remaining balance in excess of the benchmark amount calculated in GS 58-3-201, as enacted, that applies. Details fair billing and collection practices and what constitutes reasonable payments and total payment, similar to those set forth in Article 11B, GS Chapter 58, as enacted. Deems noncompliance an unfair and deceptive trade practice and actionable under GS Chapter 75. Specifies that the provisions do not foreclose other remedies available.
Applies to health care services provided to insured individuals on or after October 1, 2019.
S 387 (2019-2020) MEDICAID WORK AND COMMUNITY ENGAGEMENT OPP. Filed Mar 27 2019, AN ACT TO IMPLEMENT WORK AND COMMUNITY ENGAGEMENT AS A CONTINGENCY TO PARTICIPATION IN THE NORTH CAROLINA MEDICAID PROGRAM.
Requires the Department of Health and Human Services (DHHS) to develop work and community engagement as a contingency to participation in the Medicaid program in a way that adheres to federal guidance and that is aligned with the work requirements for Able-Bodied Adults Without Dependents policy under the Supplemental Nutrition Assistance Program as much as possible. Requires that all recipients be subject to the work and community engagement condition of participation, but makes exceptions for 21 classes of individuals, including individuals under the age of 19, individuals over the age of 64, and individuals with specified types of disorders.
Requires DHHS, on or before October 1, 2019, to submit to the Centers for Medicare and Medicaid Services any State Plan amendments or any waivers necessary to implement work and community engagement as a ontingency to participation in the North Carolina Medicaid program for non-elderly, nonpregnant adult Medicaid beneficiaries who are eligible for Medicaid on a basis other than disability. Requires that work and community engagement be implemented upon the later of approval of the applicable State Plan amendment or waiver, or July 1, 2020.
Requires DHHS to report to the specified NCGA committee and division by November 1, 2019, on specified information related to the act's requirements.
Specifies that the act does not authorize DHHS to make any changes to eligibility for the Medicaid program beyond the addition of work and community engagement as a contingency to participation in the Medicaid program.
| Intro. by Hise, Bishop, Krawiec. | UNCODIFIED |
S 388 (2019-2020) FUNDS FOR NC TROOPERS ASSOC. CAISSON UNIT. Filed Mar 27 2019, AN ACT TO APPROPRIATE FUNDS FOR THE NORTH CAROLINA TROOPERS ASSOCIATION CAISSON PATROL UNIT.
Appropriates $25,000 in recurring funds for 2019-20 from the General Fund to the Department of Public Safety, State Highway Patrol Division to assist the North Carolina Troopers Association Caisson Unit with the upkeep and maintenance of its facilities, vehicles, and teams of horses. Effective July 1, 2019.
| Intro. by Perry. | APPROP |
S 389 (2019-2020) SURPLUS COMPUTERS FOR PUBLIC SCHOOLS. Filed Mar 27 2019, AN ACT TO ALLOW FOR PUBLIC SCHOOLS TO BE RECIPIENTS OF SURPLUS STATE COMPUTER EQUIPMENT THAT IS DISTRIBUTED BY NONPROFIT ENTITIES.
Amends GS 143-64.02 and GS 143-64.03 as title indicates.
| Intro. by Waddell, Fitch, Smith. | GS 143 |
S 390 (2019-2020) DUPONT STATE FOREST-FINANCIAL STUDY. Filed Mar 27 2019, AN ACT TO DIRECT THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO CREATE A PLAN FOR FEES AND CHARGES TO SUPPORT FINANCIAL SUSTAINABILITY AND PROPER STEWARDSHIP OF DUPONT STATE RECREATIONAL FOREST AND TO DIRECT THAT A PORTION OF PROCEEDS FROM THE SALE OF CERTAIN STATE PROPERTY BE TRANSFERRED TO THE CLEAN WATER MANAGEMENT TRUST FUND AND THE PARKS AND RECREATION TRUST FUND.
Requires the Department of Agriculture and Consumer Services to study the finances and operating model of DuPont State Recreational Forest (Forest) and create a plan for a sustainable income stream that will help preserve and protect the Forest. Sets out four issues that must be included in the study including an entry fee that will favor North Carolina citizens and require out-of-state visitors to contribute towards the sustainable operation of the Forest in proportion to their use of facilities and amenities funded by State taxpayers. Requires a report to the specified NCGA committee and division by February 1, 2020.
| Intro. by Edwards. | STUDY |
S 391 (2019-2020) EXPAND YOUTH INTERNSHIP OPPORTUNITIES. Filed Mar 27 2019, AN ACT TO PROVIDE A LIMITED EXCEPTION TO THE PROHIBITION ON YOUTH PARTICIPATING IN SUPERVISED, PRACTICE EXPERIENCES WITH EMPLOYERS IN OCCUPATIONS FOUND DETRIMENTAL BY THE COMMISSIONER OF LABOR UNDER CERTAIN CIRCUMSTANCES.
Amends GS 95-25.5 to created a limited exception from the prohibition from occupations found and declared to be detrimental to the health and well-being of youth by the Commissioner of Labor pursuant to the statute, authorizing youth to participate in a supervised, practice experience in an occupation with an employer. Limits the exception to youth who are at least 16 and less than 18 years of age. Details conditions that must be met under the exception, including: (1) for the youth to be enrolled in a public or nonpublic school partnering with the employer to offer the experience and (2) for the school to have entered into a written agreement with the employer for the operation of the experience that minimally includes five specified terms concerning the work of the occupation found detrimental by the Commissioner of Labor, including requiring the work to be intermittent and in short periods of time, and requiring the employer to give safety instructions and training to the youth before performing the work. Requires the terms of the agreement to be consistent with the specified guidance published by the US Department of Labor, Wage and Hour Division. Applies to participation of youth in practical experience programs on or after the date the act becomes law.
| Intro. by Ballard, Gunn, Newton. | GS 95 |
S 392 (2019-2020) VARIOUS CHARTER SCHOOL CHANGES (NEW) Filed Mar 27 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING CHARTER SCHOOLS.
Enacts new GS 115C-218.37, providing as follows. Designates the Superintendent of Public Instruction as an applicable elected representative (meaning an elected official of a governmental unit having jurisdiction over the area in which a charter school facility is located) who may approve the issuance of one or more private activity bonds to finance or refinance a charter school facility after a public hearing following reasonable public notice. Defines charter school facility as real property, personal property, or both used or intended for use in connection with the operation of a charter school.
| Intro. by Ballard, Brown, Newton. | GS 115C |
S 395 (2019-2020) GRACE FOR CCRC/WAIVE TIME LIMIT FOR ABAWD. (NEW) Filed Mar 27 2019, AN ACT TO REDUCE SALES TAX ASSESSMENT AGAINST CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES AND TO ALLOW THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SEEK A TEMPORARY WAIVER FROM THE TIME LIMITS FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS PARTICIPATING IN THE FOOD AND NUTRITION SERVICES PROGRAM IN RESPONSE TO THE COVID-19 PANDEMIC.
Amends GS 1A-1, Rule 40 of the Rules of Civil Procedure, as follows. The statute allows for continuance in superior court only for good cause. Expands upon good cause to include instances when a party to the proceeding, a witness, or counsel of record has an obligation of service to a state board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly.
Effective October 1, 2019.
| Intro. by Daniel. | GS 1A |
S 396 (2019-2020) STATE SEARCH AND RESCUE FUNDING. Filed Mar 27 2019, AN ACT TO APPROPRIATE CONTINUATION FUNDS TO SUPPORT THE STATE SEARCH AND RESCUE PROGRAM.
Identical to H 159, filed 2/25/19.
Appropriates $2.3 million for 2019-20 and $2.3 million for 2020-21 in recurring funds from the General Fund to the Department of Public Safety, Division of Emergency Management, to be used to support the State Search and Rescue Program. Funds are to be used in partnership with local government funds to purchase and maintain equipment and provide other items. Effective July 1, 2019.
| Intro. by Sanderson. | APPROP |
S 397 (2019-2020) CLASS SIZE WAIVERS/PE K-5 TEACHER FUNDS. Filed Mar 27 2019, AN ACT TO ADD CERTAIN WAIVERS FOR LOCAL SCHOOL ADMINISTRATIVE UNITS FROM KINDERGARTEN THROUGH THIRD GRADE CLASS SIZE REQUIREMENTS WITH AN ADJUSTMENT TO THE ELIGIBILITY FOR FUNDS FOR PROGRAM ENHANCEMENT TEACHER POSITIONS FOR KINDERGARTEN THROUGH FIFTH GRADE.
Applies beginning with the 2019-20 school year until the end of the 2022-23 school year. Sunsets June 30, 2023.
Adds to the circumstances under which the State Board of Education (State Board) can grant waivers for K-3 grade excess class size under GS 115C-301, to include, for a waiver that would apply to all K-3 grade classes in a local unit: (1) a shortage of qualified, licensed teachers available to teach in a grade level for the number of classrooms required at each school and/or (2) inadequate classroom space or facilities that would require facility expansion, construction, or relocation.
Makes a local board of education granted a waiver for all K-3 grade class sizes in a local school administrative unit by the State Board pursuant to subdivision (g)(6), as enacted, ineligible for funds from the allotment program enhancement teacher positions for K-5 grades for the fiscal year in which the local board receives the waiver. Allows local administrative units to use classroom teacher positions to hire program enhancement teachers. Effective July 1, 2021, only allows local boards to use the allotment for classroom teachers for grades K-12 to hire program enhancement teachers in K-5 grade for the fiscal year in which the local board receives the waiver.
| Intro. by Horner, Tillman, Perry. | GS 115C |
S 398 (2019-2020) FELONY FORFEITURE CHANGES/RETIREMENT. Filed Mar 27 2019, AN ACT TO PROHIBIT THE RECEIPT OF BENEFITS FROM THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM FOR JUDGES WHO HAVE BEEN IMPEACHED AND CONVICTED OR REMOVED FROM OFFICE, TO APPLY FELONY FORFEITURE PROVISIONS TO THE NATIONAL GUARD PENSION FUND AND TO THE DISABILITY INCOME PLAN OF NORTH CAROLINA, AND TO MAKE OTHER AMENDMENTS TO THE FELONY FORFEITURE STATUTES.
To be summarized.
| Intro. by Johnson, Wells. |
The Daily Bulletin: 2019-03-27
LOCAL/HOUSE BILLS
H 204 (2019-2020) TOWN OF BEAUFORT/ANNEXATION. (NEW) Filed Feb 26 2019, AN ACT ADDING CERTAIN DESCRIBED NAVIGABLE WATERS AND THE UNINCORPORATED PORTION OF THE RACHEL CARSON RESERVE TO THE CORPORATE LIMITS OF THE TOWN OF BEAUFORT.
House committee substitute to the 1st edition makes the following changes.
Amends the description of the property that is to be added to the corporate limits of the Town of Beaufort.
Deletes the provision that allowed the specified towns in Carteret County to regulate navigable waters within their boundaries.
Changes the effective date of the act from when it becomes law to June 30, 2019. Specifies that property in the described territory as of January 1, 2019, is subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2019.
Makes conforming changes to the act's titles.
| Intro. by McElraft. | Carteret |
H 477 (2019-2020) FOUR-YEAR TERMS/TOWN OF BETHEL. Filed Mar 27 2019, AN ACT EXTENDING THE TERMS OF OFFICE FROM TWO TO FOUR YEARS FOR MUNICIPAL ELECTIONS IN THE TOWN OF BETHEL BEGINNING IN 2021.
Identical to S 198, filed 3/6/19.
Amends the Bethel Town Charter as the title indicates.
| Intro. by K. Smith. | Pitt |
H 481 (2019-2020) VOTER INITIATIVE FOR BEAUFORT COUNTY. Filed Mar 27 2019, AN ACT TO PROVIDE THE VOTERS OF BEAUFORT COUNTY A RIGHT TO PETITION FOR CHANGES TO THE STRUCTURE OF THE BEAUFORT COUNTY BOARD OF COMMISSIONERS.
Amends GS Chapter 153A, Article 4, Part 4 (modification in the structure of county boards of commissioners) by adding new GS 153A-60.1 describing the procedure and requirements for voters to initiate a referendum on proposed alterations to the structure of the board of county commissioners. Mandates that an initiative petition submitted to the county board of elections be supported by at least 15% of the registered voters of the county or 5,000, whichever is less, by including signatures and addresses of those resident voters. Requires the county board of election to call a special election as provided in GS 163A-1592, to be held at the time of an election more than 90 days after receipt of the petition. Places a minimum time limit before another initiative petition regarding the same subject matter may filed after alterations become effective or are defeated by the voters. Applies to Beaufort County only.
| Intro. by Kidwell. | Beaufort |
H 489 (2019-2020) LINCOLNTON-LINCOLN COUNTY AIRPORT AUTHORITY. Filed Mar 27 2019, AN ACT RENAMING THE LINCOLNTON-LINCOLN COUNTY AIRPORT AUTHORITY AS THE LINCOLNTON-LINCOLN COUNTY REGIONAL AIRPORT AUTHORITY, AUTHORIZING THE AIRPORT AUTHORITY TO APPLY FOR AND ACCEPT GRANTS FROM THE STATE AND FEDERAL GOVERNMENT, AND MAKING OTHER CHANGES TO THE ENACTING LEGISLATION.
Amends SL 1996-10, as amended, renaming the Lincolnton-Lincoln County Airport Authority the Lincolnton-Lincoln County Regional Airport Authority (Airport Authority). Replaces references to the Authority Board to instead refer to the Airport Authority. Clarifies that Airport Authority members must be paid their actual travel expenses incurred in transacting the business of the Airport Authority. Removes the provision giving the Airport Authority the option to exercise its powers concerning real and personal property property of airports and landing fields on its own or in conjunction with the City or County. Adds a new provision authorizing the Airport Authority to apply for federal and state grants and to accept offers made pursuant to specified federal law on behalf of the City and County. Allows the Airport Authority to unilaterally accept any grants that require a matching contribution of $50,000 or less from the City or County. Prohibits the Airport Authority from agreeing or committing to provide matching contributions that exceed $100,000 in any one fiscal year. Authorizes the limitations to be increased upon the express approval of both the Lincoln County Board of Commissioners and the Lincolnton City Council. Replaces the provision that excepts express statutory authorizations from the general prohibition against pledging credit of or imposing an obligation on the City or County, to instead provide for the narrow authorization, as enacted, as the exception to the general prohibition. Clarifies that the Airport Authority's chair is designated by Lincoln County while its officers are elected from among its members. Names the airport operated by the Airport Authority the Lincolnton-Lincoln County Airport; names the airfield of the Airport the David E. Lowe Airfield. Makes technical changes and makes language gender-neutral.
| Intro. by Saine. | Lincoln |
H 490 (2019-2020) WINSTON-SALEM/FORSYTH BD. OF ED/STAGGER TERMS. Filed Mar 27 2019, AN ACT TO CREATE A STAGGER OF THE TERMS OF MEMBERS OF THE WINSTON-SALEM/FORSYTH COUNTY BOARD OF EDUCATION.
Amends Section 2, SL 1961-112, as amended, which provides for the consolidated Winston-Salem/Forsyth County Board of Education. Creates staggered terms for Board members as specified beginning in 2022 and 2024. Specifies that the act does not affect the terms of office of any Board member elected in 2018. Provides for each Board member elected in 2018 or appointed to fill a vacancy of a member elected in 2018 to service until a successor has been elected and qualified. Makes technical and conforming changes.
| Intro. by Lambeth, Conrad. | Forsyth |
H 497 (2019-2020) HICKORY LOCAL OPTION SALES TAX. Filed Mar 27 2019, AN ACT TO AUTHORIZE THE LEVY OF A MUNICIPAL ONE-QUARTER PERCENT SALES AND USE TAX.
Applicable only to the City of Hickory, enacts Article 47 to GS Chapter 105. Subject to voter approval, authorizes the City to levy a one-quarter cent sales and use tax in addition to any other State and local sales and use taxes levied. Requires the tax to be levied by resolution and only after 10 days' public notice. Sets parameters for an election on the question, and provides ballot language. Provides for the administration of the tax. Requires the Secretary of Revenue to monthly distribute the net proceeds collected from the tax to the City, and provides for apportionment in situations where proceeds cannot be identified as attributable to a particular taxing municipality. Specifies that amounts collected by electronic funds transfer payments are included in the monthly distribution in which the return that applies to the payment is received. Authorizes the City to use the net proceeds of the tax levied under Article 47 for public safety, economic development, and public facilities.
H 502 (2019-2020) VOTING MACHINES/CERTAIN COS. (NEW) Filed Mar 27 2019, AN ACT TO ALLOW CERTAIN VOTING MACHINES TO CONTINUE IN USE AFTER DECEMBER 1, 2019, IN CERTAIN COUNTIES ONLY.
Applicable to Alamance and Guilford counties only, allows the use of direct record electronic (DRE) voting systems that do not use paper ballots in any election held before December 1, 2021, whether or not the voting system has been certified or decertified by the State Board of Elections.
H 503 (2019-2020) STAGGER TERMS/COUNTY COMMISSIONERS/WAKE CO. Filed Mar 27 2019, AN ACT TO STAGGER THE TERMS OF MEMBERS OF THE WAKE COUNTY BOARD OF COMMISSIONERS.
Amends SL 1981-983, as amended, by deleting the provision that required conducting primary and general elections for the Wake County Board of Commissioners using the 2011 redistricting plan that was used in the 2014 and 2016 Wake County Board of Commissioners elections until the North Carolina General Assembly adopted a constitutional redistricting plan, as well as the provisions setting out terms and residency requirements for those candidates. Now provides that the Wake County Board of Commissioners consists of seven members who are elected to represent residency districts 1, 2, 3, 4, 5, 6, and 7. Requires that in 2020, seven commissioners be elected to serve on the Wake County Board of Commissioners. The candidates elected in Districts 1, 3, 5, and 7 will serve four-year terms while the candidates elected in Districts 2, 4, and 6 will serve two-year terms. In 2022, and quadrennially thereafter, three commissioners who represent residency districts 2, 4, and 6 are to be elected to four-year terms. In 2024, and quadrennially thereafter, four commissioners who represent residency districts 1, 3, 5, and 7 will be elected to each serve a four-year term.
Repeals SL 2015-4, which increased the size of the Wake County Board of Commissioners and altered the districts to coincide with the Wake County Board of Education's districts.
| Intro. by Gill, Holley, Martin. | Wake |
H 504 (2019-2020) WAKE CO. BD. OF ED./STAGGER TERMS/DISTRICTS. Filed Mar 27 2019, AN ACT TO STAGGER THE TERMS OF THE MEMBERS OF THE WAKE COUNTY BOARD OF EDUCATION, TO CLARIFY THAT THE CURRENT ELECTION DISTRICTS ARE THOSE DISTRICTS ESTABLISHED IN 2011, AND TO CHANGE THE ELECTION TO ODD-NUMBERED YEARS.
Amends SL 1975-717, as amended, as follows. Provides that in 2020, four members of the Wake County Board Education (Board) are to be elected for three-year terms by the nonpartisan plurality election method from Districts 1, 2, 7, and 9 established in 2011 by the Board. Adds that beginning in 2021, the members of the Board are to be elected on a nonpartisan plurality basis on the Tuesday after the first Monday in November in odd-numbered years from the single member districts established in 2011 by the Wake County Board of Education. Requires a person to be registered to vote in the district in order to file a notice of candidacy for election in that district. Provides that the terms of the five members of the Board who were elected in 2018 for two-year terms from Districts 3, 4, 5, 6, and 8 or any member appointed by the remaining members of the board to fill a vacancy for one of those seats, are extended for one year until the 2021 election. Requires that in 2021, and quadrennially thereafter, five members of the Board are to be elected from Districts 3, 4, 5, 6, and 8 to serve a term of four years. Requires that in 2023, and quadrennially thereafter, four members must be elected from Districts 1, 2, 7, and 9 for four-year terms.
Repeals S.L. 2013-110, Section 5, which established the specified single-member districts for elections to the Wake County Board of Education beginning in 2016.
Specifies that the act does not affect the terms of office of any person elected in 2018 from Districts 1, 2, 7, and 9 to the Wake County Board of Education. Each member of the Board elected in 2018 from those districts or any member appointed by the remaining members of the Board to fill a vacancy of any of these seats, shall serve until a successor has been elected and qualified.
| Intro. by Gill, von Haefen, Ball, Dahle. | Wake |
H 509 (2019-2020) AMEND WINSTON-SALEM CHARTER/TIME OF ELECTION. Filed Mar 27 2019, AN ACT TO AMEND THE CHARTER OF THE CITY OF WINSTON-SALEM REGARDING THE TIME OF ELECTION.
Amends SL 1927-232, Section 12J, the City of Winston-Salem's Charter as follows. Extends the terms of the mayor and council members elected in 2016 by two years. Provides that the mayor and council members elected in 2022 will each serve four-year terms, which expire at the organizational meeting after the 2026 regular municipal election. Requires that in 2026, and quadrennially thereafter, primaries and elections for mayor and city council must be held as provided by law. Update statutory cross-references.
| Intro. by Montgomery. | Forsyth |
The Daily Bulletin: 2019-03-27
LOCAL/SENATE BILLS
S 186 (2019-2020) BEAUFORT-MOREHEAD CTY AIRPORT AUTHORITY/AMEND. Filed Mar 5 2019, AN ACT RENAMING THE BEAUFORT-MOREHEAD CITY AIRPORT AUTHORITY AS THE CARTERET COUNTY-BEAUFORT AIRPORT AUTHORITY, INCREASING THE MEMBERSHIP OF THE AIRPORT AUTHORITY FROM FIVE TO SEVEN MEMBERS, AND CHANGING THE MANNER OF APPOINTMENT TO THE AIRPORT AUTHORITY.
Senate committee substitute makes the following changes to the 1st edition.
Provides that the proposed changes to the membership of the Carteret County-Beaufort Airport Authority set forth in Section 2, SL 1941-426, is effective July 1, 2019. Makes a technical change, clarifying that the terms of the two new members of the Airport Authority authorized by the act begin on July 1, 2019 (previously referred to Section 1 of the act). Adds that the Morehead appointee who is serving on July 1, 2019, will continue to serve until the expiration of the term and a replacement is named by the Carteret County Board of Commissioners as provided in the act.
| Intro. by Sanderson. | Carteret |
ACTIONS ON BILLS
Actions on Bills: 2019-03-27
PUBLIC BILLS
H 39: ADOPT THE OSPREY AS STATE RAPTOR.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 70: DELAY NC HEALTHCONNEX FOR CERTAIN PROVIDERS.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 79: ACADEMIC ALIGNMENT/BOARDS OF EDUCATION & CC.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 106: INMATE HEALTH CARE & 340B PROGRAM. (NEW)
House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
House: Serial Referral To Appropriations, Health and Human Services Added
House: Serial Referral To Rules, Calendar, and Operations of the House Added
House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
House: Serial Referral To Appropriations, Health and Human Services Added
House: Serial Referral To Rules, Calendar, and Operations of the House Added
H 118: COVID-19 LIAB. SAFE HARBOR. (NEW)
House: Reptd Fav Com Sub 2
House: Re-ref Com On Finance
House: Reptd Fav Com Sub 2
House: Re-ref Com On Finance
H 119: FEES TO CERTIFY AS A COMPANY POLICE AGENCY.
House: Reptd Fav Com Substitute
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 130: ALLOW GAME NIGHTS.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 147: CONFIRM RAYMOND GRACE/BANKING COMMISSIONER.
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Special Message Sent To Senate
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Re-ref Com On Select Committee on Nominations
H 195: BOARD OF NURSING TECHNICAL CHANGES.-AB
House: Reptd Fav Com Sub 2
House: Re-ref Com On Finance
H 200: 2019 STORM RECOVERY/VAR. BUDGET CORRECTIONS. (NEW)
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Passed 2nd Reading
House: Passed 3rd Reading
H 206: VARIOUS TRANSPORTATION CHANGES. (NEW)
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Passed 2nd Reading
House: Passed 3rd Reading
H 211: VARIOUS DMV CHANGES.-AB
House: Withdrawn From Com
House: Placed On Cal For 04/03/2019
House: Withdrawn From Com
House: Placed On Cal For 04/03/2019
H 233: STATE AUDITOR/LOCAL FINANCE OFFICER AMENDS. (NEW)
House: Reptd Fav
House: Re-ref Com On Judiciary
House: Reptd Fav
House: Re-ref Com On Judiciary
H 243: STATE HUMAN RESOURCES ACT AMENDMENTS.-AB
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 257: MOTORCYCLES/FACE MASKS.
House: Amend Adopted A1
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Engrossed
H 258: OPEN AMUSEMENT PARKS/ARCADES/VENUES. (NEW)
House: Reptd Fav Com Sub 2
House: Re-ref Com On Rules, Calendar, and Operations of the House
House: Reptd Fav Com Sub 2
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 262: DESIGNATE TRANSYLVANIA CTY LAND OF WATERFALLS. (NEW)
House: Reptd Fav Com Substitute
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 263: FILL VACANCIES/MODIFY 2018 APPOINTMENTS.
House: Ref To Com On Rules, Calendar, and Operations of the House
H 266: SCHOOL ANNUAL REPORT CARD.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 273: ADD MEMBER TO NC TRAINING STANDARDS COMMISS.
House: Reptd Unfav
H 282: NC TRANSPORTATION MUSEUM FUNDS.
House: Withdrawn From Com
House: Re-ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 291: CONTINUE SOC. SERVICE REGNL SUPERVSN WORK GRP.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 295: PROHIBIT CORPORAL PUNISHMENT IN PUBLIC SCHS.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 297: PSYCHOLOGY INTERJDTL. COMPACT (PSYPACT).
House: Passed 2nd Reading
House: Passed 3rd Reading
H 301: CIP REVISIONS/JUVENILE CODE.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 307: MOD. UTILITY VEHICLE CLASSIFICATION. (NEW)
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Passed 2nd Reading
House: Passed 3rd Reading
H 323: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.
House: Reptd Fav Com Substitute
House: Re-ref Com On Finance
H 354: MODIFY WEIGHTING/SCHOOL PERFORMANCE GRADES.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 362: 15-POINT SCALE FOR SCHOOL PERFORMANCE GRADES.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 370: REQUIRE COOPERATION WITH ICE DETAINERS. (NEW)
House: Reptd Fav
House: Re-ref Com On State and Local Government
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
House: Reptd Fav
House: Re-ref Com On State and Local Government
House: Withdrawn From Com
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 376: CJIN CHANGES.
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 382: STUDY GENERATOR REQ'S FOR MEDICAL OFFICES.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 412: ADOPT STATE POULTRY FESTIVAL.
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 450: REDUCE BARRIERS TO IMPROVE NC HEALTH & SAFETY.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House
H 451: TEMP. ABAWD TIME WAIVERS. (NEW)
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House
H 452: MEMORANDUM OF 287(G) AGREEMENTS.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House
H 453: CONCEALED CARRY/LAW ENFORCEMENT FACILITY.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 454: ALLOW ERPOS TO SAVE LIVES & PREVENT SUICIDES.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 455: AMEND VARIOUS MOTOR VEHICLE LAWS. (NEW)
House: Passed 1st Reading
House: Ref to the Com on Transportation, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on Transportation, if favorable, Rules, Calendar, and Operations of the House
H 456: PERMIT REQ'D/ASSAULT WEAPON & LONG GUN.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 457: RESTORE MASTER'S PAY FOR CERTAIN TEACHERS.
House: Passed 1st Reading
House: Ref to the Com on Education - K-12, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 460: OFFICIAL STATE BATTLESHIP. (NEW)
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 461: FUNDS FOR FORT FISHER AQUARIUM.
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 462: JUDICIAL DISTRICT 19D - HOKE COUNTY.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
H 463: EDUCATION IN PRISONS. (NEW)
House: Passed 1st Reading
House: Ref to the Com on Education - Community Colleges, if favorable, Education - Universities, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on Education - Community Colleges, if favorable, Education - Universities, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 476: REDUCE ABC FEES PAID BY VFW POST.
House: Filed
H 478: RESTORE ECU ACADEMIC AFFAIRS FUNDS.
House: Filed
H 479: STUDY SOLAR FACILITY DECOMMISSIONING RQMTS.
House: Filed
House: Filed
H 480: NC CANCER TREATMENT FAIRNESS.
House: Filed
H 482: SCH. PSYCHOLOGIST COMPENSATION & RECRUITMENT.
House: Filed
H 483: LET THEM SPAWN.
House: Filed
H 484: VERIFICATION OF IMMIGRATION STATUS - SAVE.
House: Filed
H 485: VIRTUAL EARLY LEARNING PILOT PROGRAM.
House: Filed
H 486: COMMERCIAL FISHING LICENSE REFORMS.
House: Filed
H 487: CC SHORT-TERM WORKFORCE TRAINING FUNDS.
House: Filed
H 488: ADDRESS DIRECT SUP. PERSONNEL STAFFING CRISIS.
House: Filed
H 491: WF BAPTIST HEALTH REGIONAL AUTOPSY CTR FUNDS.
House: Filed
H 492: SIMPLIFY BUILDER INVENTORY EXCLUSION.
House: Filed
H 493: ABUSE & NEGLECT RESOURCES.
House: Filed
H 494: STEVENS CENTER FUNDS/UNC SCHOOL OF THE ARTS.
House: Filed
H 495: NO MUNICIPAL REG/OFF-SITE WASTEWATER SYSTEMS. (NEW)
House: Filed
House: Filed
H 496: 4-YEAR TERMS FOR LEGISLATORS IN 2022.
House: Filed
H 498: NC CONSTITUTIONAL CARRY ACT.
House: Filed
H 499: OMNIBUS GUN CHANGES.
House: Filed
H 500: ELIMINATE SECOND PRIMARIES.
House: Filed
H 501: JUSTICE/JUDGE MAY CONTINUE TERM PAST AGE 72.
House: Filed
H 505: SE RALEIGH YMCA FUNDS.
House: Filed
H 506: CONFIRM STEVE WARREN/SPECIAL SUP. CT JUDGE.
House: Filed
H 507: ANIMAL FIGHTS/CRIMINALIZE ATTENDANCE OF MINOR.
House: Filed
H 508: FIREARM SAFE STORAGE AWARENESS INITIATIVE.
House: Filed
H 510: REENACT NONPARTISAN JUDICIAL ELECTIONS/FUND.
House: Filed
S 9: FEMALE GENITAL MUTILATION/CLARIFY PROHIBITION.
House: Passed 1st Reading
House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
S 95: VETERANS MEMORIAL FUNDS/DO NOT REVERT.
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
S 124: SMALL TOWN MIXED BEVERAGE ELECTION REQS.
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
S 156: SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)
Senate: Regular Message Sent To House
House: Regular Message Received From Senate
Senate: Regular Message Sent To House
House: Regular Message Received From Senate
Senate: Regular Message Sent To House
House: Regular Message Received From Senate
S 162: LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES.
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Enrolled
Senate: Ratified
Senate: Pres. To Gov. 3/27/2019
S 189: CTE PILOT FOR GUILFORD CO. SCHOOLS.
Senate: Reptd Fav
Senate: Re-ref Com On Finance
S 191: OUT-OF-STATE LAW ENFORCEMENT/2020 REP CONVTN.
Senate: Reptd Fav
S 202: MODIFY PROTECTIVE SERVICES LAW/ALE. (NEW)
Senate: Amend Adopted A1
Senate: Passed 3rd Reading
Senate: Engrossed
Senate: Amend Adopted A1
Senate: Passed 3rd Reading
Senate: Engrossed
S 210: ORGAN & TISSUE DONATION/HEART HEROES.
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
S 217: UI/PRECINCT WORKERS/2020 GENERAL ELECTION. (NEW)
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
Senate: Passed 2nd Reading
Senate: Passed 3rd Reading
S 220: REMOVAL OF POLITICAL SIGNS BY CITIZENS.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
S 225: REPEAL TUITION SURCHARGE.
Senate: Reptd Fav
S 230: NC MILITARY AND VETERAN ACT OF 2019. (NEW)
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
Senate: Reptd Fav
Senate: Re-ref Com On Rules and Operations of the Senate
S 231: AGENCY POLICY DIRECTIVES/2019-2021. (NEW)
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
S 239: CHILDREN OF WARTIME VETS/SCHOLARSHIPS.
Senate: Reptd Fav
S 293: MILITARY DEPENDENTS/NEED-BASED PRIVATE SCHOOL.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Appropriations/Base Budget
S 297: CANCER RESEARCH ADVISORY PANEL.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
S 353: EXPAND CARTWAY PATH/SEPTIC TANK LAWS. (NEW)
Senate: Withdrawn From Com
Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
S 354: STRENGTHENING EDUCATORS' PAY ACT. (NEW)
Senate: Withdrawn From Com
Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
S 355: LAND-USE REGULATORY CHANGES.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
S 356: DOT CASH AND ACCOUNTABILITY. (NEW)
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate
S 357: LIMIT OWNERSHIP OF CERTAIN ANIMALS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 358: PROTECT CITIZENS FROM LEAKING GARBAGE TRUCKS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 359: BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 360: AMEND LAW REGARDING UNIVERSITY DISCIPLINE.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 361: HEALTHY NC. (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 362: ANNUAL REPORT STANDARDIZATION.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
S 363: FUNDS TO RESTORE TOWN OF PRINCEVILLE.
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 364: NC COMMERCIAL RECEIVERSHIP ACT REVISIONS. (NEW)
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
S 365: CLARIFY INSURANCE PROD'R CRIM. BCKGRD CHECK.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 366: 9TH/10TH GRADE/COLLEGE TRANSFER PATHWAYS. (NEW)
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
S 367: CLARIFY PROPERTY OWNERS' RIGHTS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 368: PHYSICAL AND PSYCH. EVALS. FOR LEO'S.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 369: DESIGNATE LEGACY AIRPORTS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 370: STUDY GENERATOR REQ'S FOR MEDICAL OFFICES.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 371: PRE-REGULATORY LANDFILL MORATORIUM.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 372: FUNDS SCHOOL OF ED. BLDG./FAYETTEVILLE STATE.
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 373: ELECTRIC STANDUP SCOOTERS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 374: COVID-19/2020-21 SCHOOL CALENDAR START. (NEW)
Senate: Filed
Senate: Filed
Senate: Filed
S 375: DEATH BY DISTRIBUTION.
Senate: Filed
S 376: NC PATRIOT STAR FAMILY SCHOLARSHIP/FUNDS.
Senate: Filed
S 377: MILITARY BASE PROTECTION ACT.
Senate: Filed
S 378: LOCAL ECONOMIC DEVELOPMENT MODIFICATIONS.
Senate: Filed
S 379: RETIREE AMENDMENTS.
Senate: Filed
Senate: Filed
S 380: DHHS BLOCK GRANTS. (NEW)
Senate: Filed
Senate: Filed
Senate: Filed
Senate: Filed
S 381: RECONSTITUTE/CLARIFY BOARDS AND COMMISSIONS. (NEW)
Senate: Filed
Senate: Filed
S 382: SCH. PSYCHOLOGIST COMPENSATION & RECRUITMENT.
Senate: Filed
S 383: NC TEACHING FELLOWS CHANGES.
Senate: Filed
S 384: CLARIFY MOTOR VEHICLE DEALER LAWS.
Senate: Filed
S 385: CLARIFY/AUTO DEALERS REGULATORY REQ.
Senate: Filed
S 386: GREATER TRANSPARENCY IN HEALTH CARE BILLING.
Senate: Filed
S 387: MEDICAID WORK AND COMMUNITY ENGAGEMENT OPP.
Senate: Filed
S 388: FUNDS FOR NC TROOPERS ASSOC. CAISSON UNIT.
Senate: Filed
S 389: SURPLUS COMPUTERS FOR PUBLIC SCHOOLS.
Senate: Filed
S 390: DUPONT STATE FOREST-FINANCIAL STUDY.
Senate: Filed
S 391: EXPAND YOUTH INTERNSHIP OPPORTUNITIES.
Senate: Filed
S 392: VARIOUS CHARTER SCHOOL CHANGES (NEW)
Senate: Filed
Senate: Filed
S 393: PROVISIONAL LICENSE/TEACHER FROM OTHER STATE.
Senate: Filed
S 394: CHANGES TO ESTATES & TRUSTS STATUTES.
Senate: Filed
S 395: GRACE FOR CCRC/WAIVE TIME LIMIT FOR ABAWD. (NEW)
Senate: Filed
Senate: Filed
Senate: Filed
S 396: STATE SEARCH AND RESCUE FUNDING.
Senate: Filed
S 397: CLASS SIZE WAIVERS/PE K-5 TEACHER FUNDS.
Senate: Filed
S 398: FELONY FORFEITURE CHANGES/RETIREMENT.
Senate: Filed
Actions on Bills: 2019-03-27
LOCAL BILLS
H 31: ALLOW DURHAM PUB. SCHOOLS TO PROVIDE HOUSING.
House: Reptd Fav
House: Re-ref Com On Commerce
H 170: VARIOUS SATELLITE ANNEXATIONS. (NEW)
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 171: CHINA GROVE SATELLITE ANNEXATIONS.
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 204: TOWN OF BEAUFORT/ANNEXATION. (NEW)
House: Reptd Fav Com Substitute
House: Re-ref Com On Finance
H 260: SCOTLAND NECK MEALS TAX.
House: Reptd Fav
House: Re-ref Com On Finance
H 285: CITY OF SANFORD/TOWN OF BEAUFORT VOL ANNEX. (NEW)
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
House: Reptd Fav
House: Re-ref Com On Rules, Calendar, and Operations of the House
H 458: HENDERSON MEALS 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 459: LEE COUNTY DEER HUNTING.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Wildlife Resources, if favorable, Rules, Calendar, and Operations of the House
H 477: FOUR-YEAR TERMS/TOWN OF BETHEL.
House: Filed
H 481: VOTER INITIATIVE FOR BEAUFORT COUNTY.
House: Filed
H 489: LINCOLNTON-LINCOLN COUNTY AIRPORT AUTHORITY.
House: Filed
H 490: WINSTON-SALEM/FORSYTH BD. OF ED/STAGGER TERMS.
House: Filed
H 497: HICKORY LOCAL OPTION SALES TAX.
House: Filed
H 502: VOTING MACHINES/CERTAIN COS. (NEW)
House: Filed
House: Filed
H 503: STAGGER TERMS/COUNTY COMMISSIONERS/WAKE CO.
House: Filed
H 504: WAKE CO. BD. OF ED./STAGGER TERMS/DISTRICTS.
House: Filed
H 509: AMEND WINSTON-SALEM CHARTER/TIME OF ELECTION.
House: Filed
S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)
House: Reptd Fav
House: Re-ref Com On Finance
House: Reptd Fav
House: Re-ref Com On Finance
House: Reptd Fav
House: Re-ref Com On Finance
S 84: WALKERTOWN ZONING AUTHORIZATIONS.
House: Passed 1st Reading
House: Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
S 186: BEAUFORT-MOREHEAD CTY AIRPORT AUTHORITY/AMEND.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Re-ref Com On Rules and Operations of the Senate
S 235: FRANKLIN/NASH MUNICIPALITIES/UNFIT DWELLINGS. (NEW)
Senate: Reptd Fav
S 242: RECREATIONAL LAND FEE CHANGES.
Senate: Reptd Fav
S 272: ZONING FOR UNIVERSITY FACILITIES-DURHAM.
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Enrolled
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