House committee substitute makes the following changes to the 1st edition.
Changes the due date of the report on the results of the study of the feasibility of local education agencies participating in NC HealthConnex from April 15, 2019, to October 1, 2019.
The Daily Bulletin: 2019-04-08
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The Daily Bulletin: 2019-04-08
| Intro. by Horn, Farmer-Butterfield. | STUDY, UNCODIFIED |
House committee substitute to the 3rd edition makes the following changes.
Amends proposed GS 15A-145.8 to add the requirement that once a petition for expungement has been filed, the clerk must forward the petition to the district attorney and the chief resident superior court judge or designee. Allows the court for any petition specifically permitted under the Article, without objection from the district attorney following a 10-day period of notice, to either order the expunction without a formal hearing or require a hearing. If an expunction without a formal hearing is not ordered, the court must state the reasons why the expunction was not granted. Makes the statute applicable to offenses committed on or before November 30, 2019 (was, committed between July 1, 2017, and November 30, 2019).
Amends GS 15A-146 to provide that for the expunctions allowed under that statute, if there is no objection from the district attorney following a 10-day notice period, the court may either order the expunction without a formal hearing, or must conduct a hearing. For expunctions without a hearing that are not ordered, requires the court to state the reasons why the expunction was not granted. Allows the trial court at the time of trial to grant an expunction under the statute without conducting a formal hearing for findings of not guilty or not responsible entered while under the court's immediate jurisdiction.
Amends the act's long title.
| Intro. by Stevens, Hurley, Jarvis, Carter. | GS 15A |
House committee substitute to the 4th edition makes the following changes.
Amends GS 90-171.37C by making technical changes. Adds to the statute's caption.
| Intro. by White, Riddell, Szoka, Cunningham. | GS 90 |
House committee substitute to the 1st edition makes the following changes. Expands upon the stakeholders required to collaborate to recommend a minimum standard screening questionnaire and safety procedures for written protocols for Human papillomavirus vaccine and Hepatitis A vaccine immunizations to also include the North Carolina Association of Pharmacists.
| Intro. by White, Dobson, Cunningham, Sasser. | GS 90 |
House committee substitute to the 1st edition makes the following changes.
Amends GS 50-20.1, as follows. Corrects internal statutory references to now refer to (d1) instead of nonexistent (d2). Provides that the provision stating that if the court makes the award payable under the specified subdivisions of the statute and the court divides the marital portion of the benefit equally between the participant-spouse and nonparticipant-spouse, the court is not required to determine the total value of the marital benefits for distributing them, notwithstanding the provisions of of GS Chapter 50, not just GS 50-20 and GS 50-21. Makes additional clarifying changes. Makes technical changes.
| Intro. by Stevens. | GS 50 |
Identical to S 519, filed 4/2/19.
Enacts Article 83B, Licensing and Permitting for the Installation and Servicing of Portable Fire Extinguishers and Fire Suppression Systems, to GS Chapter 58.
Sets forth 11 defined terms. Provides for the Commissioner of Insurance (Commissioner) to administer the Article through the Office of the State Fire Marshall. Requires the Commissioner to establish rules for proper installation, inspection, recharging, repairing, servicing, or testing of fire suppression systems or portable fire extinguishers; and required specifications as to the number, type, size, shape, color, and information and data contained on service tags to be attached to all portable fire extinguishers and fire suppression systems covered by the Article that are installed, inspected, recharged, repaired, serviced, or tested. Permits the Commissioner to adopt the applicable standards of the National Fire Protection Association or another nationally recognized organization. Authorizes the Commissioner to adopt rules to require an exam of license or permit applicants under the Article. Authorizes the Commissioner to apply for and receive grants for the Article's administration from interested parties.
Requires firms to be licensed and persons to be permitted to install, inspect, repair, service, or test portable fire extinguishers, pre-engineered kitchen fire suppression systems, pre-engineered industrial fire suppression systems, and engineered special hazard fire suppression systems. Makes it unlawful to take such action on any portable fire extinguisher or fire suppression system without attaching the required tag(s) completed in detail, as described. Excludes from the permitting provisions individuals employed by any firm or governmental entity that only engages in the installation and servicing of fire suppression systems or portable fire extinguishers on such items owned by the firm and installed on property under the control of the firm, subject to the rules and regulations adopted under the Article. Provides further exemptions, including fire chiefs, fire marshals, fire inspectors, and insurance company inspectors, as described, and any firm that engages only in the routine visual inspection of the systems and extinguishers owned by the firm and installed on property under the firm's control.
Sets the license fee at $250 and the permit fee at $100. Exempts government employees and members of a legal organized fire department acting in the member's official capacity.
Sets forth license and permit requirements, including proof of comprehensive liability insurance for prospective licensees.
Provides for keeping a permit on the permittee's person in the course of the work under the permit, and licensees and permittees producing a valid license or permit upon demand by the Commissioner, the Commissioner's representatives, or any local authority having jurisdiction, or any individual soliciting the services of the licensee or permittee.
Establishes reciprocity with individuals holding a comparable valid permit, license, or certification issued by another state which meets the minimum requirements under the Article and pays the applicable filing fees.
Details the form of licenses, permits and applications. Requires a licensee or permittee to notify the Commissioner within 30 days of any change to application information provided to the Commissioner. Requires the Commissioner give an applicant 60 days to correct any deficiencies discovered in the application.
Requires the licenses and permits to be issued for each license year, beginning January 1 and expiring the following December 31. Provides for restoration of an inoperative license by paying a penalty within 90 days of expiration. After 90 days of expiration, the former licensee or permittee must apply for a new license or permit.
Details license or permit sanctions and denial procedures. Allows for an applicant to request review of a denial in writing within 30 days after service of the notice of denial, and allows an applicant to request an administrative hearing on the outcome within 30 days after service of the notice of the outcome. Requires surrender of a license or surrender within 30 days of suspension, revocation or nonrenewal. Describes the effect of an order of suspension or revocation.
Authorizes the Commissioner to deny, suspend, place on probation, revoke, or refuse to renew any license or permit under the Article for any of the 21 specified reasons, including failure to meet requirements under the Article and conviction of a crime involving dishonesty.
Authorizes the Commissioner to issue cease and desist order for individuals or firms the Commissioner believes is or has been violating the Article. Requires the order to include a notice of opportunity for hearing upon request within 30 days of receipt of the order and notice. Provides for service of the order. Provides for noncompliance to result in the revocation of any and all permits and licenses issued by the Commissioner for a period of at least six months and no more than five years. Provides for effect of noncompliance on new permits or licenses held by the individual or firm. Establishes that violation of the Article can constitute grounds for license or permit refusal.
Establishes civil penalties for violations of the Article, rules adopted thereunder, or order of the Commissioner, as follows: a penalty not exceeding $1000 for the first offense, no less than $1000 and not exceeding $2000 for the second offense, and no less than $2000 and not exceeding $5000 for a third or subsequent offense. Requires prior notice of a violation and a reasonable waiting period before ordering a fine, as specified. Additionally authorizes the Commissioner to bring a civil action to enjoin a violation.
Makes willful or intentional violations of any provision of the Article, rules, or order of the Commissioner a Class 1 misdemeanor. Details other conduct that constitutes a Class 1 misdemeanor, including (1) obliterating serial numbers on tags for falsifying service records, (2) improper install or service, (3) allowing another to use a license or permit or use another's license or permit, (4) impersonating a representative of the Commissioner, State Fire Marshal, local fire chief, fire marshal, or other fire authority, (5) noncompliance with the Article, and (6) failure to comply with a cease and desist order issued by the Commissioner.
Clarifies that the Article does not limit certain State or local government powers. Prohibits local government from imposing any further requirements on licensees or permittees to prove competency.
Authorizes the Department of Insurance to adopt temporary rules for the Article's implementation.
Effective January 1, 2020.
| Intro. by Strickland, Barnes, Corbin, Hardister. | GS 58 |
Identical to S 591, filed 4/3/19.
Appropriates $5 million in recurring funds for 2019-20 from the General Fund to the One North Carolina Small Business Account for the North Carolina SBIR/STTR Incentive Program and the North Carolina SBIR/STTR Matching Funds Program.
Establishes the Community Innovation Fund in the Department of Commerce and requires that the Fund be used to award competitive grants to assist rural, small, and medium-sized communities in transitioning to a knowledge- and innovation-based economy. Appropriates $5 million in nonrecurring funds for 2019-20 from the General Fund to the Community Innovation Fund.
Effective July 1, 2019.
| Intro. by K. Hall, Ross, Dobson. | APPROP |
Amends GS 75A-5 to require that validation decals be placed on each side of the vessel instead of just the starboard bow. Effective August 1, 2019.
Th following various license changes are effective August 1, 2019.
Amends GS 133-129 by adding and defining the terms Mountain Heritage Trout Waters and Public Mountain Trout Waters. Adds and defines the term Wildlife Resources Commission Property to mean all lands, game lands, wildlife refuges, artificial constructions in boating and fishing access areas, and all other property owned, allocated to, leased, controlled, or cooperatively managed and designated for public use by the Wildlife Resources Commission (Commission). Amends the definitions of the following terms: (1) boating and fishing access area to add areas allocated to the Commission and (2) game lands by including lands allocated to the Commission and by deleting the requirement that the lands be managed by the Commission for public hunting, trapping, or fishing. Effective August 1, 2019.
Amends GS 113-291.2 by adding that the Commission may issue proclamations to suspend, close, or modify any open wildlife season, or to adjust creel and bag limits, in order to prevent overharvest of wildlife. Requires such proclamations are subject to the same requirements as those for proclamations to set seasons, shooting hours, bag limits, and possession limits, including requiring issuance at least 48 hours before they are to become effective. Makes organizational and clarifying changes.
Amends GS 113-291.3 as follows. Amends the records that must be kept by a person who is not a dealer operating a preservation or processing facility who possesses wildlife owned by another without any permit or license to require keeping a written record of the authorization number (was, serial number) under which the wildlife was taken. Allows permanently preserved bears or tanned ear hides and permanently preserved turkey or turkey parts to be sold with a trophy sales permit. Effective August 1, 2019.
Amends GS 113-351 to make a resident disabled veteran lifetime unified sportsman/coastal recreational fishing license valid for the licensee's lifetime (was, valid for the licensee's lifetime if the licensee remained 50% or more disabled). Effective August 1, 2019.
Amends GS 143-250.1 by adding that the Wildlife Endowment Fund is also made up of the proceeds from the sale of lifetime trapping licenses and the Commission's portion of the proceeds from the sale of lifetime unified licenses. Makes additional technical and clarifying changes. Amends the use of funds in the Fund to require that the executive director provide information as to the age of the license recipients when depositing proceeds and related investment income from Infant Lifetime Sportsman Licenses, to assist with accounting due to the time restrictions on the use of these funds. Specifies that expenditure is to be of the Fund's investment income. Provides that the dissolution of the Commission or substitute of any agency in its stead does not invalidate any lifetime license issued under GS 113-351(c) (types of unified hunting and fishing licenses), in addition to the already listed lifetime licenses. Effective August 1, 2019.
Amends GS 113-270.1B to provide that all licenses, permits, stamps, and certifications are valid for 12 months (was, licenses only). Requires the Commission to adopt rules to establish fees for all licenses, permits, stamps, and certifications issued by the Commission except those for a Recreational Commercial Gear License (was, fees for the hunting, fishing, trapping, and activity licenses only). Provides that no rule may increase a fee in excess of the total increase in the specified index, rounded up to the next whole dollar, over the period of time since the last fee change.
Amends GS 113-270.1C (combination hunting and inland fishing licenses) and GS 113-270.1D (sportsman licenses) to provide that the licenses entitle the licensee to take all wild birds and wild animals by all lawful methods, except trapping, and in all open seasons and to fish in all inland and joint fishing waters. Specifies that the license entitles the licensee to access and use Commission property, which under the definition, includes game lands. Maintains the provision excluding engaging in fishing in coastal fishing waters. Amends the applicable disabled veteran's lifetime license to make the license valid for the licensee's lifetime (was, valid for the licensee's lifetime if the licensee remained 50% or more disabled). Makes organizational and conforming changes. Amends GS 113-270.2, to specify that a hunting license allows the licensee to access and use Commission property, which under the definition includes game lands. Extends the types of hunting licenses that entitle the holder to take wild birds and wild animals to include lifetime resident comprehensive hunting licenses, resident annual comprehensive hunting licenses, and the new falconry hunting license. Further amends the provision to provide that the lawful methods of taking birds and animals does not include trapping. Increases the fees for the resident state hunting license and the nonresident state hunting license (for both season and ten-day licenses). Amends the types of animals that may be taken with a controlled hunting preserve hunting license to also include coyotes and rabbits and to specify that domestically raised game birds (which may also be taken with a license) includes chukars and Hungarian partridges. The new falconry hunting license, which has a $25 fee, is to be issued to an individual resident or nonresident to take wildlife by falconry; requires the holder to also have a valid falconry license. This license expires June 30.
Amends GS 113-270.3 by making changes to the following special activity licenses and stamps. Increases the fee for the nonresident big game hunting license (both the season and ten-day licenses). Amends the falconry license by adding that license holders age 16 and older must possess a specified hunting license when taking wildlife by falconry. Makes additional conforming changes.
Amends GS 113-270.4 by making clarifying changes to the resident and nonresident hunting guide or fishing guide licenses and increases the fees for those licenses. Adds resident and nonresident hunting guide or fishing guide outfitter licenses for businesses that engage in hunting guide or fishing guide activities for compensation; sets the resident fee at $250 and nonresident fee at $1,000.
Amends GS 113-270.5 by deleting the current provisions governing trapping licenses and instead provides that no person may take wild animals by trapping during open trapping season without a valid trapping license. Provides that those with a trapping license are allowed to access and use Commission property. Establishes a new resident lifetime trapping license, with a fee of $300.
Amends GS 113-271 to provide that the specified types of inland hook-and-line fishing licenses entail the licensee to fish with hook and line in inland fishing waters, joint fishing waters, and public mountain trout waters (the types of licenses included in this provision have been changed and the provision previously did not include public mountain trout waters). Amends the licenses as follows: (1) deletes the resident annual comprehensive inland fishing license; (2) increases the fee for the resident state inland fishing license; (3) increases the fee for the nonresident state inland fishing license; (4) increases fees for the short-term inland fishing licenses; (5) amends the resident disabled veteran lifetime inland fishing license to make it valid for the licensee's lifetime (was, valid for the licensee's lifetime if the licensee remained 50% or more disabled); and (6) increases the fee for the mountain heritage trout waters three-day fishing license and moves the license under this statute from repealed GS 133-272.
Repeals GS 113-272, which required an additional special trout license to fish in public mountain trout waters.
Amends GS 113-272.3 to require that an Age 70 Resident Lifetime License be accompanied by proof of age, and allows showing proof of age for any of the specified licenses with a copy of the birth certificate (was, a certified copy of the birth certificate) (effective until July 1, 2019). Further amends the statute by requiring the Commission to establish a Mountain Heritage Trout Waters Program to promote trout fishing as a heritage tourism activity. Requires developing criteria for participation by cities and preparing a management plan for mountain heritage trout waters. Qualifying cities are to be designated as Mountain Heritage Trout Cities.
Amends GS 113-272.4 (collection licenses) by removing the requirement that the Executive Director determine whether a particular license applicant meets the standards and qualifications for licenses set by the Commission. Increases the license fee and no longer allows issuance for free to those representing educational or scientific institutions or governmental agencies. Adds that the Commission may adopt rules to use replacement costs of wildlife resources to offset the impact of collection or possession activities. Requires copies of the authorization allowing assistants to take, transport, or possess wildlife resources to be submitted to the Commission (was, the Executive Director or his designee). Makes additional clarifying changes.
Amends GS 113-272.5 by removing provisions specifying that the captivity license is in the interest of human treatment of wild animals and wild birds. Increases the fee for the captivity license and establishes different fees depending on whether the license is for the holding or rehabilitation of wildlife.
Amends GS 113-273 by removing references to "dealer licenses" and instead refers to "licenses" under the statute. Removes the cap on the fee for implementing a system of tagging or otherwise identifying and controlling species regulated under the license. Amends the controlled hunting preserve operator license by adding a new type of controlled hunting preserve, consisting of an area enclosed with a dog-proof fence on which rabbits may be hunted with dogs only. Amends the preserve for domestically raised game birds to specify that it includes chukars and Hungarian partridges. Increases the fees for the controlled hunting preserve operator license and the game bird propagation license. Specifies that the taxidermy license is also required for the tanning of hides. Increases the fee for the taxidermy license and requires licensees who are engaged in taxidermy of Cervidae (deer) to also obtain a taxidermy cervid certification for $5. Removes the specified record keeping requirements for taxidermy licenses and instead authorizes the Commission to set standards and reporting requirements for taxidermy licenses and certifications. Allows a taxidermist to to sell the game or game fish with a trophy sale permit which is now authorized by the Commission instead of the Executive Director. Adds a new wildlife control agent license and a new alligator control agent certification.
Amends GS 113-274 by adding that unless otherwise specified, permits are issued at no cost and are valid through December 31 unless a more limited duration is set. Adds a fee for the following permits: possession permit, exportation or importation permit, and trophy wildlife sale permit. Adds an endangered species permit and a field trial permit, both of which have an associated fee.
Amends GS 113-275, GS 113-276, and GS 113-276.2 by making conforming and clarifying changes.
Amends GS 113-276.1 by removing the cap on the charge of tags upon implementation of a tagging system for fur-bearing animals.
Amends GS 113-291.6 by amending the four conditions that must be met before a person may take wild animals by trapping with any steel-jaw, leghold, or conibear trap to allow the trap's tag to include the trapper's trapper identification number and the Commission's telephone number instead of the trapper's name and address. Effective October 1, 2019.
Amends GS 106-202.15 to allow the North Carolina Plant Conservation Board to enter into formal agreement with any agency in this state in addition to those of other states or the federal government.
Amends GS 113-136 to give inspectors and protectors jurisdiction to enforce the provisions of Article 19B of GS Chapter 106 (Plant Protection and Conservation Act).
Amends GS 113-291.10 by amending the Beaver Damage Control Advisory Board as follows. Amends the Board's membership by replacing the Director of the NC Cooperative Extension Service with a representative of the NC Association of County Commissioners. Changes the due date of the annual report to December 1. Amends the cut off date for notification of participation in the program and increases the amount and changes the due date of the required local funds. Effective January 1, 2020.
Amends GS 14-417, GS 14-417.1, and GS 14-417.2 by removing the distinction between requirements for permanent enclosure and transport containers for venomous reptiles, large constricting snakes, and crocodilians, to now require all enclosures be designed to be escape-proof, bite-proof, and have an operable lock. Amends GS 14-419 to require that when a law enforcement officer or animal control officer has probable cause to believe that any of the provisions of Article 55 (Regulation of Certain Reptiles) have been or are about to be violated, the officer is authorized and empowered (was, it is the officer's duty and the officer is authorized, empowered, and directed) to immediately investigate and consult with the representatives of the specified entities, which have been expanded to also include a designated representative of the DNCR. The consultation is to identify the species, assist with determining interim disposition, and recommend appropriate and safe methods to handle and seize the reptile involved; no longer requires delivering the reptile to the specified entities depending on reptile type. Provides that in the case of escape, or if an officer, with probable cause to believe that a reptile is being owned, possessed, used, transported, or trafficked in violation of the Article, determines that there is an immediate risk to officer or public safety, the officer is not required to consult with specified representatives and may kill the reptile. Allows the court, upon conviction of any offense contained in this Article, to require the owner to pay for the expenses (was, only necessary expenses) incurred in the seizure, delivery, and storage of the animal. Makes additional conforming and clarifying changes. Repeals GS 14-420 which made it the duty of the officer making the seizure with probable cause to believe that the reptile is being owned, possessed, used, transported, or trafficked to arrest all persons in violation of Article 55.
Identical to S 523, filed 4/2/19.
Part I. Business Tax Changes
Amends GS 105-154(d), concerning payment of tax by a manager of a business on behalf of nonresident owners or partners of the business. Prohibits the manager from requesting a refund of an overpayment made on behalf of a nonresident owner or partner if the manager has previously filed the return and paid the tax due. Instead, permits the nonresident owner or partner to request a refund of an overpayment made on its behalf by the manger on its own income tax return, within the statute of limitations provisions of GS 105-241.6. Effective for taxable years beginning on or after January 1, 2019, and applies to a request for refund filed on or after that date.
Part II. Personal Income Tax Changes
Amends GS 105-153.8(e), concerning jointly filed income tax returns, to provide relief from liability on state tax returns for a spouse who qualifies for relief from liability for federal tax under section 6015 of the Internal Revenue Code (previously described the relief from tax liability attributive to a substantial understatement by the other spouse). Effective for taxable years beginning on or after January 1, 2018.
Part III. Sales and Use Tax Changes
Section 3.1
Amends GS 105-164.3, which sets forth defined terms applicable to Article 5, Sales and Use Tax. Adds the term item and defines the term to mean personal property, certain digital property, or a service, unless the context requires otherwise. Makes conforming changes throughout the statute and the Article to refer to an item, as appropriate, and modify the current use of "item" which does not intend the new term's meaning. Amends advertising and promotional direct mail and bundled transaction to refer to an item rather than a product. Amends capital improvementto exclude performing repairs or replacement of electrical components, gas logs, water heaters and similar tangible personal property (was, similar individual items) that are not part of new construction, reconstruction, or remodeling; repair, replacement or installation of electrical or plumbing components, water heaters, gutters, and similar tangible personal property (was, similar individual items) that are not part of new construction, reconstruction, or remodeling; or repair, replacement, or installation of gas logs, water heaters, pool heaters, and similar tangible personal property (was, similar individual items) that are not part of new construction, reconstruction, or remodeling. Adds a new defined term, certain digital property, and defines the term to mean an audio work, an audiovisual work, a book, magazine, a newsletter, a report, or another publication, or a photograph or greeting card, that is delivered or accessed electronically. Specifies that certain digital probably items specified are not considered tangible personal property and are taxable under the Article if sold in a tangible medium. Excludes an information service from certain digital property. Makes conforming changes throughout the statute and the Article to refer to certain digital property rather than digital property. Deletes the term computer supply. Amends delivery charges to refer to an item rather than personal property or services. Amends engaged in business to include maintaining in the State certain digital property for the purpose of lease or rental. Amends landscaping to exclude services to trees, shrubs, flowers, or similar tangible personal property (was, similar items) in ports or in buildings. Modifies remote sale to include sale of an item by mobile phone application and making items accessible or performing a service sourced in this State. Amends sale or selling to include a transaction in which possession of the tangible personal property or certain digital property (was, property) is transferred but the seller retains title or security for the payment of consideration. Amends secondary metals recycler to refer to products rather than items. Updates streamlined agreement to reflect the agreement amended as of December 14, 2018. Excludes certain digital property, as defined, from telecommunications service. Makes further technical, clarifying, and conforming changes.
Effective October 1, 2019, amends certain digital property, as enacted, to remove the qualification that the items described which are delivered or accessed electronically would be taxable under the Article if sold in a tangible medium.
Authorizes the Revisor of Statutes to make necessary technical and conforming changes.
Section 3.2
Amends GS 105-164.4 to apply the general privilege tax rate of retailers, 4.75%, of the sales price of certain digital property, applicable regardless of whether the purchaser of the property has a right to use it permanently or to use it without making continued payments. Now provides that the general tax rate applies to the sales price of or gross receipts derived from the sale, repair, maintenance, and installation services to tangible personal property or certain digital property (previously did not include digital property), which generally becomes a part of or is applied to a purchaser's property, regardless of whether the property is taxed under another subdivision of the statute or is subject to a maximum tax under the statute. Adds that the use tax exemption in GS 105-164.27A(a3) for boats and aircraft can apply to these services. Makes conforming changes.
Section 3.3
Amends GS 105-164.4B, regarding sourcing principles, to refer to sourcing the sale of an item rather than a product. Makes identical changes to the tax application provisions set forth in GS 105-164.4D regarding bundled transactions.
Amends GS 105-164.4G, regarding tax on entertainment property. Specifies that the tax does not apply to tuition, registration fees, or charges to attend instructional seminars, conferences, or workshops for educational purposes, regardless that the activity is offered as an ancillary purpose of the event. Makes further conforming technical changes.
Makes technical, clarifying and conforming changes to GS 105-164.6 (Complementary use tax).
Amends GS 105-164.11B to specify that the provisions regarding recovering sale tax paid on items resold at retail to specify that the provisions apply to a retailer who pays tax on an item that is separately stated on an invoice or similar billing document given to the retailer at the time of sale. Make clarifying and technical changes.
Amends GS 105-164.12C, concerning food and drink merchants who give away food and drink to patrons or employees for immediate consumption, to make clarifying and technical changes.
Amends GS 105-164.13 to clarify that food and other products (was, items) lawfully purchased under the Supplemental Nutrition Assistance Program, as specified, are exempt frin sales tax under the statute. Also clarifies that the removal of waste, trash, debris, grease, snow, and other similar tangible personal property (was other similar items) from property, other than a motor vehicle, are exempt from tax under the Article. Similarly, clarifies the exemption (expiring January 1, 2020) for sales of repair, maintenance, and installation services for a transmission, engine, or rear-end gears, or any tangible personal property (was, any other item) that is purchased, leased, or rented to a professional motor sporting team or team member, as specified. Makes further clarifying and conforming changes.
Makes conforming and clarifying changes to GS 105-164.13E, concerning exemptions for farmers, specifying items (rather than tangible personal property and services) which can be exempt from tax under the statute. Makes further technical changes.
Amends GS 105-164.14(a), concerning refunds for interstate carriers, to clarify that the refund applicant is to furnish the purchase price of the taxable personal property and services (rather than items) listed by the statute. Makes conforming changes.
Amends GS 105-164.16 to make organizational and technical changes.
Makes clarifying and conforming changes to GS 105-164.27A regarding a boat and aircraft direct pay permit.
Amends GS 105-164.42I, concerning certified service provider liability, to refer to a seller's liability for misrepresentation of types of items sold rather than types of products sold.
Amends GS 105-467 to provide local school administrative units and a joint agency created by interlocal agreement among units an annual refund of sales and use taxes on direct purchases of items, rather than direct purchases of tangible personal property and services.
Section 3.4
Further amends GS 105-164.4 to specify that separately stated charges billed to a customer for the installation of utilities is included in the combined general tax for gross receipts derived from providing telecommunication service and ancillary service, video programming to a subscriber, and from sales of electricity and piped natural gas. Further amends the definition of capital improvement in GS 105-164.3 to make clarifying changes, and specify that a utility can recover a portion of the cost of installation of utilities as a contribution in aid of construction, and those charges are included in the general gross receipts derived from services subject to the combined general rate under GS 105-164.4. Further amends GS 105-164.13 to clarify that the exemption does not apply to charges that are included in the gross receipts derived from services subject to the combined general rate under GS 105-164.4.
Section 3.5
Adds the terms taxing district and taxing area to GS 105-164.3. Amends GS 105-164.42L, authorizing the Secretary of Revenue (Secretary) to develop databases that provide information on the boundaries of taxing districts and their applicable tax rates (previously referred to taxing jurisdictions). Now provides that the databases can assign the proper tax rate and taxing district to each taxing area within the State. Requires the Secretary to assign the lowest combines tax rate within a specific taxing area where more than one tax rate applies. Provides for similar assignment for street address by nine-digit zip code or five-digit zip code. Makes further clarifying changes.
Section 3.6
Makes clarifying changes to GS 105-244.3 regarding sales tax base expansion protection.
Section 3.7
Makes clarifying changes to GS 105-244.4 regarding the reduction of certain sales tax assessments.
Section 3.8
Amends GS 105-537 to prohibit a county election of whether to levy a sales and use tax in the county from being held within one year from the date of the last preceding election under the same provision. Applies to elections held on or after July 1, 2019.
Section 3.9
Repeals Section 38.5(x) through Section 38.5(z) of SL 2018-5, which provided for various sales and use tax changes in GS Chapter 105. Makes conforming repeal to the applicable effective dates in Section 38.5(aa) of SL 2018-5.
Adds the terms property management contract, property management services and property manager to GS 105-164.3. Amends GS 105-164.4 to specify that a property management contract is taxable in accordance with GS 105-164.4K, as enacted. Enacts GS 105-164.4K to exempt property management services provided by a property manager under a property management contract from sales and use tax. Details three circumstances whereby repair, maintenance, and installation services taxable under the Article and provided by a property manager under a property management contract are subject to sales and use tax, including services directly provided for an additional charge which the property manager is not obligated to provide under the property management contract. When the property management services are not taxable, a retailer is to collect tax on items sold at retail from the property manager as the consumer, unless an exemption under GS 105-164.13 applies. When property management services are taxable, the property manager acts as a retailer, as specified.
Part IV. Excise Tax Changes
Section 4.1
Amends GS 105-113.4A, concerning tobacco product licenses under Article 2A, to clarify that no tax refund is allowed when a licensee cancels (was, surrenders) a license.
Amends GS 105-113.4B to provide for the immediate return of a license by the licensee when the Secretary cancels a license. Also makes changes to refer to certified mail rather than registered mail regarding notice of revocation and notice of hearing.
Amends GS 105-113.21 to specify that the discount and refund provisions apply to licensed distributors.
Amends GS 105-113.10 to specify that the tax exemption applies to licensed manufacturers shipping to other licensed distributors. Clarifies that the exemption does not relieve the manufacturers from filing a report required of Part 2. Also clarifies that a tax exemption for a manufacturer shipping or temporarily storing its cigarettes at an affiliated manufacturer does not relieve the manufacturer from filing a report required of Part 2.
Section 4.2
Amends GS 105-113.5 to specify that the cigarette tax is levied on sales by a licensed distributor. Places primary liability of the tax with the licensed distributor who first acquires or otherwise handles subject cigarettes. Specifies that a licensed distributor who bring cigarettes made outside the State into the State is the first person to handle cigarettes in the State. Adds that a licensed distributor that is the cosignee of cigarettes made outside the State and shipped into the State is the first person to handle the cigarettes in the State.
Further amends GS 105-113.4A to require licensees to file applications for renewal in the same way as applications are filed to obtain a license. Expands the statute's provisions to apply to renewals. Adds that the Secretary can refuse to issue or renew a license if the applicant has failed to meet any of the license requirements set forth in existing subsection (b). Further amends GS 105-113.4B to allow the Secretary to revoke a license if the licensee fails to meet or maintain the requirements set out in GS 105-113.4A(b).
Amends GS 105-113.12 to provide that a distributor license is in effect until June 30 of the year following the second calendar year after the date of issuance or renewal. Establishes that a license for each place of business is renewable upon signed application with no renewal license tax unless applies for after the June 30 expiration date. Makes conforming changes. Requires an out of state distributor to also meet the provisions of GS 105-113.4A in order to obtain a license.
Amends GS 105-113.36 to clarify that wholesale dealers and retail dealers must obtain a tobacco products license and pay a license tax for each place of business, as defined in existing law. Maintains the license tax at $25 for wholesale dealers and $10 for retail dealers. Provides for the license to be in effect until June 30 of the year following the second calendar year after the date of issuance or renewal, unless canceled or revoked prior to expiration. Provides that a license for each place of business is renewable upon signed application with no renewal license tax unless applied for after expiration. Requires out-of-state whole sale dealers of tobacco products other than cigarettes to obtain a license upon compliance with GS 105-113.4A and payment of a $25 license tax.
Effective January 1, 2020. Establishes that any license issued under Article 2A on or before January 1, 2020, expires on June 30, 2020. Requires the Department of Revenue to notify licensees of the requirement of filing for renewal before June 30, 2020.
Section 4.3
Amends GS 105-113.18 to clarify reporting requirements accompanying cigarette tax payments. Provides that licensed distributors are required to file a monthly report covering cigarettes sold, shipped, delivered, or otherwise disposed of in the State, due within 20 days after the end of the month covered in the report (previously concerned sales and other activities; and provided separate reporting requirements for free cigarettes). Adds that the report must show the quantity of all cigarettes transported or caused to be transported into the State by the licensed distributor or licensed manufacturer in the State for sales in the State.
Amends GS 105-113.37 to clarify reporting requirements accompanying tobacco product tax payments. Provides that a monthly report must be filed that covers tobacco products sold, shipped, or otherwise disposed of in the State, due within 20 days after the end of the month covered by the report (previously, the report covered sales and other activities, and provided for designating exempt sales regarding intent to resell).
Section 4.4
Amends GS 105-113.26 to require licensees to keep complete and accurate records of all purchases, inventories, sales, shipments, and deliveries (was, all sales). Requires the records to be open for inspection by the Secretary or authorized agent at all times. Makes changes to enact identical provisions regarding wholesale dealers and retail dealers of tobacco products under GS 105-113.40, and further requires those dealers to safely preserve the records for a period of three years in a manner to ensure their security and accessibility for inspection.
Section 4.5
Amends GS 105-113.35 to provide that the tax on tobacco products and vapor products does not apply to a no cost sample tobacco product, other than cigarettes, limited to distribution at a qualified adult-only facility, as defined by specified federal law. Makes clarifying changes to subsection (d) concerning certain manufacturer's exemption from the tax if shipping tobacco products other than cigarettes to either a licensed wholesale dealer or retail dealer. Specifies that the exemption does not relieve the manufacturer of the statute's filing requirements. Modifies the limitations provided, to now prohibit a licensed wholesale dealer from selling, borrowing, loaning, or exchanging non-tax-paid tobacco products other than cigarettes to, from, or with another licensed dealer. Makes further clarifying and technical changes.
Section 4.6
Enacts GS 105-113.35A to establish a tax for the sale or possession for sale by persons other than licensed wholesale dealers or retail dealers, and upon use, consumption, and possession for use or consumption tobacco products other than cigarettes within the State. Sets the rate as provided in GS 105-113.35, which is 12.8%. Exempts tobacco products other than cigarettes upon which the tax levied in GS 105-113.35 has been paid. Effective for taxable years beginning on or after January 1, 2019.
Section 4.7
Adds the terms consumer, delivery sale, deliver seller and delivery service to GS 105-113.4. Enacts GS 105-113.4F, applicable to delivery sales of tobacco products, other than cigars, to consumers in the State regardless of where the delivery occurs. Requires a delivery seller to obtain a license before accepting an order, comply with certain age verification requirements, and report, collect, and transmit all taxes levied on tobacco products other than cigars under Articles 2A and 5. Requires a delivery seller to use a delivery service which obtains a signature of the person accepting delivery who is at least 18 years old and obtains proof of the age of the person accepting the delivery, as specified. Details additional filing requirements for a delivery seller, to be submitted to the Secretary in a memo or a copy of an invoice, no later than the tenth day of the month. Provides for compliance under the statute if a specified federal statute is complied with respect to tobacco products covered under the statute. Details information the memo or invoice must contain. Establishes a penalty of no more than $1,000 for the first violation, and no more than $5,000 for subsequent violations. Exempts tobacco products sold by a retailer who purchased them from a licensed distributor or wholesale dealer. Makes all laws applicable to tobacco product retailers also applicable to delivery sellers that sell tobacco products in the State.
Applies to delivery sales occurring on or after October 1, 2019.
Section 4.8
Amends the definition of wholesaler or importer in GS 104-113.68 as it applies to Article 2C, Alcoholic Beverage License and Excise Taxes. Now includes a resident winery and wine producer (previously did not include resident wine producer) that sells its wines, or wine produced from the permit under contract, at wholesale to a retailer or at retail and a resident brewery that sells its malt beverages or malt beverages produced for the permittee under contract at wholesale to a retailer or at retail (previously only resident breweries producing fewer than 25,000 barrels per year). Limits the terms to person who hold an unfortified winery permit, fortified winery permit, brewery permit, wine importer permit, wine wholesaler permit, malt beverages importer permit, malt beverages wholesaler permit, or wine producer permit.
Section 4.9
Amends GS 105-113.84 to expand the monthly reporting requirements to include resident wine producers. Clarifies that the report is informational, and adds that the report must include the amount of beverages sold, delivered, or shipped (was only delivered) to resident wholesalers, importers and purchasers under GS 18B-1001.1 during the period covered by the report.
Section 4.10
Amends GS 105-449.47A, regarding tax on motor carriers, to allows the Secretary to refuse a license and issues a decal if the applicant failed to maintain motor vehicle registration on the qualified motor vehicle.
Section 4.11
Adds the term tank wagon for-hire to GS 105-449.60, concerning Article 36C, Gasoline, Diesel, and Blends. Defines the term as a truck designed or used to carry at least 1,000 gallons of motor fuel and the transporter is compensated for transporting motor fuel owned by another person. Includes the term in motor fuel transporter and transport truck. Makes technical change to refer to building storage rather than storage facilities in bulk-end user, and to remove the requirement of assigned of a terminal control number in terminal.
Section 4.12
Amends GS 105-449.81 to include in the motor fuel rate tax fuel alcohol (was referred to as fuel grade ethanol) which meets one of the qualifications previously specified. Makes conforming changes.
Section 4.13
Amends GS 105-449.105A to remove kerosene sales for the purpose of heating from those distributors can obtain a monthly refund.
Section 4.14
Amends GS 105-449.115 to require biodiesel providers to give a shipping document to the person who operated a railroad tank car or transport truck into which motor fuel is loaded at the terminal track or bulk plant rack.
Section 4.15
Amends GS 105-449.115A to add the destination state of the fuel to the information which must be included in the shipping document required of a person operating a tank wagon into which motor fuel is loaded for some other source.
Part V. Tax Compliance Changes
Amends GS 105-243.1 to extend the date by which a collection assistance fee is imposed from 30 to 60 days after an overdue tax debt remains unpaid. Makes technical and clarifying changes.
Amends GS 105-236 to expand the civil penalty provisions of subdivision (a)(10) to include failure to return file the information returns required under Articles 2A and 2C. Applies to returns due to be filed on or after January 1, 2020.
Enacts GS 105-251.2(c1), authorizing the Secretary to request information of a franchisor with at least one resident franchisee, and the franchisor must provide the information, no more than one time per calendar year. Specifies information the Secretary can request, such as a return or a report. Defines the term as defined in specified federal law.
Enacts GS 105-251.3 to require every person that buys real property in the State from a nonresident seller to give information to the Secretary within 15 days of the closing date of the sale, including the seller's name, address and tax identification number if known, sales price, property address, and any other information required by the Secretary. Allows the Secretary to prescribe the manner of the report.
Part VI. General Tax Administration Changes
Amends GS 105-241.6 to modify the contingent event exception from the general statute of limitations to request a refund of an overpayment. Allows the period to be extended once, as specified and subject to the restrictions and limitations provided, for litigation or a state audit, or other contingent events. Requires filing a written request to the Secretary prior to the expiration of the statute of limitations.
Amends GS 105-241.8 to specify that the date a federal amended return was filed is presumed to be the date recorded by the IRS.
Amends GS 105-228.90 to modifyfederal determination to mean a change or correction arising from an audit by the IRS Commissioner or an agreement of the US competent authority, and the change or correction has become final (previously did not provide for an agreement, and did not specify the correction is final). Describes when a federal determination is final. Makes conforming changes to GS 105-130.20 and GS 105-159 regarding federal determinations of federal taxable income.
Amends GS 105-163.1, which holds defined terms applicable to Article 4, Withholding. Adds the term Individual Taxpayer Identification Number (ITIN)and Taxpayer Identification Number (TIN). Specifies that applied for or expired ITIN numbers are included in ITIN holder. Adds the term payee. Makes conforming changes. Makes conforming changes to GS 105-163.3 concerning payors' withholding taxes. Effective January 1, 2020.
Amends GS 105-241.20, regarding delivery of notice, to include in the scope of the statute's provisions a denial of a refund (previously only the proposed denial of a refund).
Recodifies GS 105-128, Power of attorney, as GS 105-258.3, and makes clarifying and technical changes to the statute.
| Intro. by Howard, Setzer, Szoka. | GS 105 |
Identical to S 547, filed 4/2/19.
Includes whereas clauses.
Enacts Article 1L, Pain Capable Unborn Child Protection Act, to GS Chapter 90. Sets forth nine defined terms.
Prohibits performing, inducing, or attempting to perform or induce the abortion of an unborn child capable of feeling pain unless necessary to prevent a serious health risk to the unborn child's mother. Defines serious health risk to the unborn child's mother to mean that the unborn child's mother is at risk of death or substantial and irreversible physical impairment of one or more of her major bodily functions, not including psychological or emotions conditions, due to her pregnancy as determined through the use of reasonable medical judgement; prohibits such a determination if based on a claim or diagnosis that the unborn child's mother will engage in conduct that she intends to results in her death or in the substantial and irreversible physical impairment of one or more of her major bodily functions. Deems an unborn child to be capable of feeling pain if a physician, as specified, determines that the probable post fertilization age, as defined, of the unborn child is 20 or more weeks. Specifies that a dead unborn child is not capable of feeling pain. Prohibits performing, inducing, or attempting to perform or induce an abortion without first determining the probable post fertilization age of the unborn child. Requires medical exams and tests which a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary in making an accurate determination. Requires the necessary abortion of an unborn child capable of feeling pain to be by a physician through or by the method that, using reasonable medical judgement, provides the best opportunity for the unborn child to survive, unless, using reasonable medical judgement, termination of the pregnancy in that manner would pose a more serious health risk to the unborn child's mother than would other available methods.
Establishes reporting requirements for physicians who perform, induce or attempt to perform or induce an abortion, beginning January 1, 2020, to the Department of Health and Human Services (DHHS). Details requirements of the reports, including the probable post fertilization age of the unborn child and whether an ultrasound was employed in making the determination, the method of abortion, the age and race of the unborn child's mother, and reasoning for certain determinations made, as specified. Requires each report to contain a unique medical record identifier number to match the medical records of the woman who's pregnancy was terminated, but not the name, address or other identifying information of the woman. Requires DHHS to annually publish, beginning on June 30, 2020, in paper and on its website a summary of the previous calendar year compiled from the reports. Details requirements of the annual publication, including that the summary cannot reasonably lead to the identification of women. Authorizes DHHS to assess a penalty of $1,000 for failure to submit a report required by the statute by the end of the 30th day following the due date established by DHHS, and assess the penalty for each 30-day period or portion thereof that a report is overdue. Authorizes DHHS to bring an action for compliance with the statute after a report is six months overdue. Deems intentional or reckless failure to comply with the statute or a court order unprofessional conduct and grounds for disciplinary action. Makes it a Class 1 misdemeanor to intentionally or recklessly falsify a report required under the statute.
Makes it a Class D felony for a physician to intentionally or recklessly perform, induce, or attempt to perform or induce an abortion in violation of new GS 90-21.131, unless covered under another law with greater punishment. Excludes from prosecution a woman upon whom an abortion is performed, induced or attempted.
Creates a cause of action for actual and punitive damages for a woman upon whom an abortion has been performed or induced, or attempted, in intentional or reckless violation of new GS 90-21.131, or the father of an unborn child aborted in intentional or reckless violation of GS 90-21.131. Provides for an injunction to prevent a person who has intentionally or recklessly violated GS 90-21.131 from performing, inducing, or attempting to perform or induce further abortions in violation of the statute, to be brought by the woman upon whom an abortion has been performed or induced, or attempted, in intentional or reckless violation of new GS 90-21.131; the spouse, parent, sibling, or guardian of, or a current or former health care provider of, the women whom an abortion has been performed or induced, or attempted, in intentional or reckless violation of new GS 90-21.131; a district attorney with jurisdiction; and the Attorney General. Authorizes the award of attorneys' fees for a successful plaintiff, or a defendant when the court finds the plaintiff's case was frivolous or brought in bad faith. Prohibits the award of damages to a plaintiff whose pregnancy resulted from the plaintiff's criminal conduct. Except as provided, prohibits the assessment of damages or attorneys' fees against the woman upon whom the abortion was performed, induced or attempted.
Requires the court to rule on whether the anonymity of the woman must be preserved from public disclosure if the woman does not give her consent to disclosure. If so determined, requires the court to issue an order to preserve the woman's anonymity to the parties, witnesses, and counsel, direct the sealing of the record, and exclusion of individuals from courtrooms and hearing rooms as necessary. Sets forth further criteria of such court orders, including justifications for the order. Requires other persons authorized to bring civil actions for injunction, as authorized, to use a pseudonym if the woman does not consent to public disclosure. Specifies that the statute cannot conceal the identity of the plaintiff or any witness from the defendant or from the defendant's attorneys.
Creates the NC Pain Capable Unborn Child Protection Act Litigation Defense Fund (Fund) in the Office of Attorney General (Office). Requires the Fund to be placed in an interest bearing account, and receive interest earned, as well as legislative appropriations, and any private donations, gifts, or grants made to the Fund. Restricts use of the Fund's funds to covering any costs or expenses incurred by the Office in relation to actions taken to defend the laws of the Article. Deems unappropriated money in the Fund appropriated for that purpose.
Provides for construction of the Article's provisions, and specifies that the provisions of new Article 1L of GS Chapter 90 and Article 11 of GS Chapter 14, Abortion and Kindred Offenses, are exclusive. Provides for situations where the Articles allow for lawful conduct under one but not the other, or circumstances in which some or all of the provisions are temporarily or permanently restrained or enjoined by judicial order.
Applies to offenses committed on or after December 1, 2019.
Provides a severability clause.
| Intro. by McElraft, Hurley, Conrad, Stevens. | GS 90 |
Part I.
Repeals GS 14-60, which made the burning of schoolhouses or buildings of educational institutions a Class F felony.
Enacts new GS 14-62.3 to provide the penalties for wantonly and willfully setting fire to or burning or aiding, counseling, or procuring the burning of any commercial structure, defined as any building or structure that is not designed principally for residential purposes. Violations are a Class D felony if the structure was occupied at the time of the burning and a Class E felony if the structure was unoccupied at the time of the burning.
Amends the following statutes to provide for the punishment stated in the statute unless the conduct is covered under some other provision of law that provides for greater punishment: GS 14-61 (burning of certain bridges and buildings), GS 14-62 (burning of certain buildings), GS 14-62.1 (burning of building or structure in process of construction), GS 14-62.2 (burning of churches and certain other religious buildings), and GS 14-64 (burning of commercial structure).
Part II.
Amends GS 14-69.3 by adding that a person is guilty of a Class I felony for committing a felony under Article 15 (Arson and other burnings) where a firefighter, law enforcement officer, fire investigator, or emergency medical technician suffers physical injury while discharging (or attempting to do so) their official duties on the property, or proximate to the property, that is the subject of the individual's discharge of their respective duties.
Part III.
Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
The act is effective December 1, 2019, and applies to offenses committed on or after that date.
| Intro. by McNeill, Boles, Faircloth, Saine. | GS 14 |
Identical to S 566, filed 4/2/19.
Amends GS 14-410 to establish that it is permissible for pyrotechnics that are consumer fireworks to be possessed, advertised, sold, used, transported, handled, or discharged within the state, so long as the possession, advertising, sale, use, transportation, handling, or discharge complies with Part 2 of Article 82A of GS Chapter 58, enacted below. Modifies subsection (b) to change the age to which it is unlawful to sell pyrotechnics, establishing that it is unlawful for any individual, firm, partnership, or corporation to sell consumer fireworks or pyrotechnics as defined in GS 14-414(2), (3), (4)c., (5), or (6) (currently does not include sale of consumer fireworks) to persons under the age of 18 (currently, under the age of 16). Makes conforming changes to the statute's title.
Amends GS 14-415 to make violations of GS 14-410(b), as amended, a Class 1 misdemeanor rather than a Class 2 misdemeanor.
Recodifies GS 58-82A-1 through GS 58-82A-55 as Part 1 of Article 82A of GS Chapter 58, and names it Display Pyrotechnics Training Permitting and enacts new Part 2, Consumer Fireworks, as follows. Defines consumer fireworks to mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (1) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (2) complies with the construction, chemical composition, and labeling regulations of the US Consumer Product Safety Commission, as set forth in the CFR, volumes 16 and 49. Defines other terms applicable to new Part 2.
Prohibits use or possession of consumer fireworks within a county or city unless that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in accordance with new GS 153A-130.1 and new GS 160A-190.1. Places the following conditions on the possession and use of consumer fireworks: (1) the person possessing or using the consumer fireworks must be at least 18 years old; (2) the use of consumer fireworks may occur only between the hours of 10 am and 10 pm except for other specified times on July 4th and December 31st and the following January 1st; (3) the use of consumer fireworks is prohibited in or on the premises of a public or private primary or secondary school unless the person has received written authorization from the school; on the campus of a college or university unless the person has received written authorization from the college or university; and within 1,500 feet of a hospital, veterinary hospital, animal care facility, licensed child care center, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances; and (4) the possession or use of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, state agency, or unit of local government owning or otherwise controlling the public park, property, or public space. Prohibits counties and cities from prohibiting the transportation of consumer fireworks across or through the county or city. Makes further clarifications as to transportation-related restrictions.
Prohibits selling consumer fireworks, sparkling devices, or novelties without a permit issued from the Commissioner of Insurance (Commissioner). Directs the Commissioner to issue rules to implement the statute. Requires permits of a fireworks retailer to be posted in a location visible to the public. Sets out conditions that must be met for permits to be issued to a person to operate a fireworks retailer or a sparkling device retailer, including maintaining public liability and product liability insurance with minimum coverage limits of $5 million, and establishes permit fees. Prohibits a county or city from restricting or excluding the transportation of consumer fireworks across or through the county or city.
Sets out requirements that must be satisfied by all permittees, and the additional conditions that must be contained in any permit issued for a consumer fireworks permanent retailer or a consumer fireworks temporary retailer. Requires a permit issued to an incidental sparkling device retailer to allow the sale of sparkling devices and novelties only, and to require compliance with NFPA standards applicable to those sales. Defines NFPA standards to mean Standard 1124 of the National Fire Protection Association, 2017 edition, as it applies to the retail sale or distribution of consumer fireworks, except as provided in Part 2.
Sets out provisions concerning the power of the Commissioner of Insurance to exclude certain types or categories of pyrotechnics from the definition of consumer fireworks so long as the determination is evidence-based, and prohibiting the use of consumer fireworks during declared hazardous forest fire conditions.
Establishes that GS 14-415 (violations of the prohibition on the manufacture, sale and use of pyrotechnics) and GS 58-2-70 (Civil penalties or restitution for violations; administrative procedure) apply to violations of Part 2. Authorizes the Commissioner, a State law enforcement officer, a municipal law enforcement officer, a code enforcement officer, or a fire safety official to petition the district court to seize or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, or used in violation of Part 2. Authorizes the Commissioner to assess a civil penalty in addition to or instead of suspending a permit pursuant to GS 52-82A-115, as enacted. Makes any violation of GS 58-52A-120 a Class 1 misdemeanor.
Authorizes the Commissioner, by majority vote, to suspend the permit of a person authorized to sell consumer fireworks or sparkling devices for engaging in: (1) selling fireworks or explosives not authorized under Part 2; (2) selling consumer fireworks or sparkling devices within the state without a valid permit; (3) selling consumer fireworks or sparkling devices to a person who appears to be under the influence of alcohol or drugs; (4) knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18; or (5) selling consumer fireworks or sparkling devices at a fireworks retail stand or fireworks tent in violation of GS 58-82A-120, as enacted. Provides that it is an affirmative defense to any disciplinary action taken pursuant to this provision that the permit holder procured, furnished, gave, sold, or delivered consumer fireworks or sparkling devices to a person under the age of 18 in reasonable reliance upon fraudulent proof of age presented to the permit holder. Establishes that the civil penalty must be at least $1,000 but cannot exceed $10,000, and requires the Commissioner to consider specified factors in determine the amount issued. Requires clear proceeds of civil penalties issued under the provision to be remitted to the Civil Penalty and Forfeiture Fund. Sets forth that a person whose permit has been suspended or has been issued a civil penalty under this provision must receive a hearing before the applicable body within 10 days of the suspension, and if the decision is upheld, the person can seek judicial review in superior court.
Makes it unlawful to sell, transfer, or distribute consumer fireworks, sparking devices, or novelties at a fireworks retail stand or a fireworks tent unless the fireworks retailer obtains written authorization to conduct business from the owner of custodian of the property wherein the stand or tent is located, if applicable, and there is adequate parking to accommodate customers of the fireworks retailer and, if applicable, any other businesses that are on the premises.
Requires certain safety labels on the packages of consumer fireworks, sparking devices, or novelties authorized to be sold under Part 2, and requires fireworks retailers to provide a safety pamphlet created by the Office of the State Fire Marshall to the purchaser which outlines safe handling and best practices.
Directs the Commissioner to create a training course or identify an existing training course to train individuals on the function, safe handling, and best practices for the safe use of all categories of consumer fireworks. Also requires the Commissioner to create and maintain a list of person who have completed the training. Allows the Department of Insurance to issue relevant rules and to charge a fee to cover the costs of implementing the statute.
Enacts new GS 153A-130.1 and GS 160A-190.1 allowing counties and cities to, by ordinance, regulate the use and sales of consumer fireworks, sparkling devices, and novelties to the public, effective October 1 following adoption and until its repeal, with any repeal effective October 1 following the repeal. Provides that a city or county can enact an ordinance at any time, but ordinances adopted prior to December 1, 2019, become effective December 1, 2019.
Enacts Article 2E to Subchapter I of GS Chapter 105, requiring an excise tax to be levied on consumer fireworks at the rate of 5% of the cost price of the products. Establishes that a person who sells consumer fireworks at retail is subject to and liable for this tax. Sets forth other provisions pertaining to tax on consumer fireworks, including filing monthly reports, discounts for timely filing a report and timely paying the tax, refunds, recordkeeping, and use of the tax, including crediting 25% of the proceeds to the Firefighters' Education Fund with the remainder credited to the General Fund. Applies to the cost price paid for fireworks on or after December 1, 2019.
Authorizes the Commissioner to require a fireworks retailer to furnish a bond, as specified, to protect the State from loss if the retailer fails to pay taxes due under Article 2E. Provides for calculation and periodic review of the bond amount. Allows substitution of an irrevocable letter of credit for the secured bond, as specified.
Enacts Article 85B to GS Chapter 58 to create the Firefighters' Education Fund within the Department of Insurance and administered by the Office of the State Fire Marshal, consisting of revenue credited from taxes under GS 105-113.125. Allows the Office of the State Fire Marshal to deduct administrative expenses, with the remaining revenues credited to be used to provide education and training to firefighters in the State. Defines firefighter.
Effective December 1, 2019, unless otherwise provided. Provides a saving clause for offenses committed before the effective date of the act.
Identical to S 559, filed 4/2/19.
Part I
Enacts GS 62-172, Financing for certain storm recovery costs. Sets forth 15 defined terms. Authorizes a public utility to petition the Utilities Commission (Commission) for a financing order, defined as an order that authorizes the issuance of storm recovery bonds; the imposition, collection, and periodic adjustments of a storm recovery charge; the creation of storm recovery property; and the sale, assignment, or transfer of storm recovery property to an assignee. Sets forth eight requirements for the petition, including: a description of storm recovery activities taken or proposed, or settlement agreement, if applicable; storm recovery costs and estimates; a proposed reserve level to establish or replenish through storm recovery bonds; and an indication of whether the public utility proposes to finance all or part of the storm recovery costs using storm recovery bonds. Provides further requirements and Commission approval concerning a public utility subject to a settlement agreement that governs the type and amount of principal costs that could be included in storm recovery costs.
Requires petition proceedings to be disposed of in accordance with the Chapter and rules and regulations of the Commission, except as follows. Requires the Commission to publish a case schedule within 14 days of filing of the petition and requires the Commission place the matter on an agenda that permits a decision no later than 120 days from the date the petition is filed. Requires the Commission to issue a financing order or an order rejecting the petition no later than 120 days after the petition is filed. Provides for a party to petition the Commission for reconsideration of the order within five days of issuance. Allows the Commission to issue a financing order authorizing the financing of reasonable and prudently incurred storm recovery costs and financing costs if it finds that the issuance of the storm recovery bonds and the imposition of storm recovery charges authorized by the financing order is reasonably expected to result in lower overall costs or would avoid or mitigate rate impacts to customers as compared with the traditional method of financing and recovering storm recovery costs.
Details 11 required elements of a financing order issued by the Commission to a public utility, including the amount of storm recovery costs to be financed using storm recovery bonds, a mechanism for periodic adjustments in storm recovery charges to customers, and storm recovery charge allocation among customer classes. Allows the financing order to condition the sale or transfer of storm recovery property to an assignee. Requires annual filing of a petition or letter concerning adjustment of storm recovery charges pursuant to the financing order, and requires the Commission to review and either approve the request or inform the public utility of any errors, which the public utility can correct and refile the request. Provides that financing orders are irrevocable after the transfer of storm recovery property to an assignee or the issuance of authorized storm recovery bonds. After issuance, the public utility retains sole discretion regarding whether to assign, sell, or otherwise transfer storm recovery property to cause storm recovery bonds to be issued.
Provides for instances in which subsequent financing orders may be issued.
Allows an adverse party to petition for judicial review by the Supreme Court within 30 days after the Commission issues a financing order or a decision denying a request for reconsideration, or within 30 days after the commission issues its decision on reconsideration. Sets forth parameters for judicial review.
Establishes that a financing order remains in effect and storm recovery property under the order continues to exist until storm recovery bonds issued pursuant to the order have been paid in full and all Commission-approved financing costs of the bonds have been recovered in full. Further specifies that a financing order issued to a public utility remains in effect and unabated regardless of reorganization, bankruptcy or other insolvency proceedings, merger, or sale of the public utility or its successors or assignees.
Details exceptions to the jurisdiction of the Commission. Establishes duties of a public utility that has obtained a financing order and causes storm recovery bonds to be issued concerning customer billing and explanation of charges related to storm recovery costs.
Sets forth provisions applicable to storm recovery property, including parameters regarding security interests in storm recovery property, and the sale, assignment, or transfer of storm recovery property.
Requires the description of storm recovery property being transferred to any assignee or pledgee in any transfer agreement or security document, or indication in any financing statement, to refer to the financing order that created the storm recovery property and state that the agreement or financing statement covers all or part of the property described in the financing order. Specifies that the requirement applies to all purported transfers of, purported grants or liens or security interests in, storm recovery property, regardless of whether filed.
Subjects all financing statements under the statute to Part 5, Filing, Article 9 of the Uniform Commercial Code (UCC), except as to continuation statements.
Designates NC in the choice of law provision.
Specifies that storm recovery bonds authorizing in financing orders are not public debt, and requires all storm recovery bonds to contain a statement to that effect, as provided.
Lists entities which may legally invest any sinking funds, moneys, or other funds in storm recovery bonds, including State and local governments and officers, except for members of the Commission, banking and credit institutions, personal representatives, guardians, trustees, and other fiduciaries, and all other persons authorized to invest in bonds or other obligations of a similar nature.
Details actions which the State and its agencies are prohibited from taking which would alter the Article's provisions, impair the value of storm recovery property or the security for the storm recovery bonds or revises storm recovery costs, impair the rights and remedies of bondholders, assignees, and other financing parties; or reduce, alter, or impair storm recovery charges imposed for the benefit of bondholders, assignees, or other financing parties until all principal, interest, premium, costs and fees, expenses, or charges incurred, and any contracts to be performed, have been paid and performed in full. Allows for the provided limitation language to be included in storm recovery bonds issued and related documentation.
Clarifies that an assignee or financing party is not a public utility or person providing electric service by virtue of engaging in a transaction under the statute.
Provides for the statute to govern over any conflicting law.
Authorizes the Commission and/or public staff to engage an outside consultant or counsel in making a determination under the section.
Provides a severability clause.
Amends GS 25-9-109 to exempt from the provisions of Article 9 of the Chapter (Security Interests under the UCC) the creation, perfection, priority or enforcement of any sale, assignment of, pledge of, security interest in, or other transfer of, any interest or right or portion of any interest or right in any storm recovery property as defined in new GS 62-172.
Part II
Enacts GS 62-133A to authorize the Commission to approve multiyear rate plans, banding of authorized returns, or a combination of both, in a general rate case proceeding initiated pursuant to GS 62-133. Defines banding of authorized returns and multiyear rate plan. Details the process for approval of rate-making mechanisms, plans or settlements proposed by electric public utility, requiring an application, and notice and an opportunity for interested parties to be heard. Allows the Commission to issue an order approve the rate-making mechanism, plans, or settlement upon finding that it will establish rates that are just and reasonable, and which are in the public interest. Details considerations the Commission must address in reviewing an application under the statute. Provides that rate-making mechanisms, plans, or settlements approved under the statute remain in effect for a period of up to five years. Requires electric public utilities to make an annual filing providing for the earned return on equity for the prior 12-month period for purposes of measuring the utility's earnings under any mechanism, plan, or settlement approved. Provides parameters for the statute's construction. Specifies that all approved mechanisms, plans, or settlements under the statute operate independently and separately from other cost recovery mechanisms allowed by law.
Includes whereas clauses.
As title indicates.
| Intro. by McElraft, Howard, Grange, Stevens. | JOINT RES |
The Daily Bulletin: 2019-04-08
Sections 1 and 2
Amends GS 116-74.41, concerning the NC Principal Fellows Commission (Commission). Now includes in the Commission's charge the administration of the Principal Fellows Program and the Transforming Principal Transformation Grant Program (rather than solely the Principal Fellows Program). Modifies the 12-member Commission to now include one (was two) dean of a school of education appointed by the President of UNC, one dean of a school of eduction appointed by the President of the NC Independent Colleges and Universities (previously not included), and one human resources expert from the public or private sector appointed by the Superintendent of Public Instruction (was, one parent of a public school child appointed by the Superintendent). Makes technical changes and maintains that appointments are for four-year terms.
Requires the terms of the current members representing two deans of school of education and a parent of a public school child to expire July 1, 2019, and the initial appointments of the three members, representing as now described, to be made by August 1, 2019, with the member representing a human resources expert serving a term to expire July 1, 2023, and the members representing a dean of a school appointed by the UNC President and a dean of a school appointed by the President of the Independent Colleges and Universities serving for terms expiring July 1, 2021.
Expands the authorized uses of the Principal Fellows Trust Fund (Fund) to include, beginning with the 2019-20 fiscal year, the award of grants for the Transforming Principal Preparation Grant Program, established under GS 116-209.71, with any monies in the Fund that are unencumbered due to a reduction in the number of scholarship funds awarded under the Principal Fellows Program. Now requires (rather than permits) the State Education Assistance Authority (Authority) to use up to $800,000 from the Fund each fiscal year for the five enumerated purposes, including the salary and benefits of the staff (was directors) of the Principal Fellows Program and the expenses of the Commission's administration of the Transforming Principal Preparation Grant Program under Part 4 of Article 23.
Amends GS 116-209.70, concerning the Transforming Principal Preparation Grant Program, to expand the purpose of the Program to include providing forgivable loans to the participants of leader preparation programs. Amends GS 116-209.71 to now require the Authority to collaborate with the Commission for the administration of the Transforming Principal Preparation Grant Program (TP3), selecting grant recipients and notifying the Authority for the award of grants, and monitoring the implementation of forgivable scholarship loans to school leader preparation program participants (previously, included the Commission making recommendations to the Authority for the award of grants). Modifies the definitions set forth applicable to Part 4, Article 23, by modifying the criteria under the term high-need school to now include qualification for a middle school containing any of grades five through eight that feeds into a high school with less than 75% (was, 60%) four-year cohort graduation rate, and a high school with less than 75% (was 60%) four-year cohort graduation rate. Adds the term public school, defined to include elementary or secondary schools in the State operated by a local board, charter school board, regional school board, chancellor for a UNC laboratory school, an innovative school operator, or the US government.
Amends GS 116-209.72, authorizing eligible entities to create partnerships to develop and establish school leader preparation programs and apply jointly to be a grant recipient. Modifies the application requirements to include the extent to which the entity has a rigorous school leader preparation program design that includes rigorous selection criteria based on evidence of significant positive effect on student learning growth in the classroom at the public-school level (was, at the school level and the local school administrative unit level).
Amends GS 116-209.73, requiring the Commission to notify (was, recommend) the Authority of its selection of grant recipients under TP3 each fiscal year. Adds that the Commission must select up to eight grant recipients operating a school leader preparation program with grant funds in any fiscal year. Adds to the required use of grant funds by each eligible entity to require covering the cost of attendance and completion for program participants for the school leader preparation program from the funds received on behalf of program participants through forgivable scholarship loans. Requires the Commission to notify (was recommend) the Authority of its decisions on the duration and renewal of grants. Modifies the parameters for grant duration and renewal to now require the grants be for no fewer than two years, unless the Commission finds early termination of a grant necessary due to noncompliance with grant terms. Now requires the Commission rather than grantees to develop and enforce requirements for the disbursement of funds to the grantee for forgivable scholarship loans on behalf of program participants, including the requirements that program participants serve a minimum of four years as school-based administrators in public schools in the State. Requires the grantee to facilitate the execution of promissory notes between the Authority and program participants containing the terms for forgivable scholarship loans, including requirements for forgiveness or repayment, consistent with GS 116-209.76, as enacted. Additionally requires the Commission to monitor the repayment of a forgivable scholarship loan in collaboration with grantees. Makes conforming changes to refer to the Commission's grant renewal decisions, rather than recommendations.
Enacts GS 116-209.76, setting forth the terms of forgivable scholarship loans. Requires evidence of the loan by promissory note, bearing interest at no more than 10% annually, beginning at the earlier of 90 days after completion of the school leader preparation program or 90 days after termination of the loan. Requires the loan to be disbursed directly to the grantee. Allows termination upon withdrawal from the preparation program or noncompliance with the standards set by the Commission. Provides for forgiveness of the total loan amount and interest accrued if, within seven years after graduation from a school leader preparation program, the recipient serves as a school administrator at a NC public school for four years, excluding authorized deferment for extenuating circumstances. Eligibility includes $20,000 per year for up to four years in the program, with a maximum loan amount of $40,000 per participant. Allows for the recipient to receive 25% of the total amount of the loan forgiven for each year of qualifying service regardless of whether the recipient serves for the entire four years. Requires the Commission and the grantees to monitor service repayment agreements and compliance. Requires the Commission to notify the Authority of any change in the circumstances pertaining to the note. Allows a loan to be forgiven if the Commission finds it is impossible for the recipient to work for four years as a school administrator, within seven years after completion of the program, because of the death or permanent disability of the recipient. Requires the loan to be repaid within 12 years after completion of the program if the recipient is paying with cash payments. Provides for payment of principal and interest to begin no later than 27 months after completion of the program, with extension available for extenuating circumstances for cash payments for a period of no more than a total of 15 years.
Effective July 1, 2019, and applies to administration of the TP3 and the award of grants on or after that date.
Section 3
Repeals Article 5C, NC Principal Fellows Program, of GS Chapter 116.
Modifies Part 4, Article 23, GS Chapter 116, to combine the administration of the Principal Fellows Program and TP3. Amends GS 116-209.71, now establishing the 12-member NC Principal Fellows and TP3 Commission (combined Commission), housed at NC State University, with representative membership identical to that of the combined Commission under GS 116-74.41, as amended and repealed. Provides for the independent exercise of powers and duties by the combined Commission, staffing of the combined Commission, member vacancies, expenses, and combined Commission meetings. Provides for four-year terms.
Deletes the provisions concerning the funds for administration, set forth in GS 116-209.75, as enacted in SL 2018-145. Now creates the NC Principal Fellows and TP3 Trust Fund (Trust Fund) as an institutional trust fund, consisting of appropriations and funds received for the award of grants, funds received as repayment for forgivable scholarship loans (including repayment for loans under the former Principal Fellows Program under repealed Article 5C), and all interest earned. Restricts use of the Trust Fund to the award of grants under the combined Grant Program, administrative costs, and operation costs. Allows the Authority to use up to 2% (was, up to $20,000) of funds appropriated each fiscal year for its administrative costs. Requires the Authority to allocate up to $800,000 to the Commission each fiscal year for the expenses of the combined program administrations; salary and benefits of the combined program staff; and the combined program monitoring, evaluation, and extracurricular enhancement activities for program participants (previously called for Commission expenses for administration to be covered pursuant to GS 116-74.42).
Enacts GS 116-209.77 to mandate the Commission to appoint a director of the Principal Fellows and TP3 Grant Program, who must chair and staff the Commission, and administer extracurricular activities of the combined Grant Program. Requires NC State to provide office space and clerical support for the combined Grant Program.
Amends GS 115-204 to add to the duties of the Authority collecting loan repayments for scholarship loans awarded under the former Principal Fellows Program under Article 5C if the loan repayment is outstanding for more than 30 days.
Enacts GS 116-209.28, to require the Authority to, as of July 1, 2021, administer all outstanding scholarship loans previously awarded by the former NC Principal Fellows Commission and subject to repayment under the former Program administered under Article 5C, as repealed. Requires all repayment and interest earned under the former Program to be deposited into the Trust Fund established under the act.
Makes conforming changes to GS 120-123(59a) to exclude legislators from membership of the NC Principal Fellows and TP3 Commission.
Requires that, beginning with the 2021-22 fiscal year, of the funds appropriated from the General Fund to the Principal Fellows Trust Fund under GS 116-74.42 each fiscal year, $3,258,000 in recurring funds must instead be appropriated to the Trust Fund established under the act to be used to award grants for the combined Grant Program. Additionally requires that, beginning with the 2021-22 fiscal year, of the funds appropriated from the General Fund to the UNC Board of Governors for TP3 each fiscal year, $4,580,000 in recurring funds must instead be appropriated to the Trust Fund to be issued to award grants for the combined Grant Program.
Repeals Section 11.9(o) of SL 2015-241, as amended by previous law and Section 4 of the act, regarding the grant program to transform the preparation of principals in the State.
Section 4
Directs the Office of State Budget and Management to transfer the unexpended balance of the Fund to the Trust Fund. Requires the NC Principal Fellows Commission to make final scholarship loan awards for the 2021 spring academic semester prior to the transfer of the cash balance from the Fund. Effective June 30, 2021.
Sections 5 and 6
Provides for members of the Commission as of July 1, 2021, who were appointed pursuant to GS 116-74.41 to serve the remainder of their terms as members of the combined Commission, with subsequent vacancies and appointments made pursuant to GS 116-209.71, as amended.
Reenacts Article 3J, Tax Credits for Growing Businesses, of GS Chapter 105 as it existed immediately before its repeal on January 1, 2014, except for GS 105-129.80, GS 105-129.82, GS 105-129.88, and GS 105-129.90. Retitles the Article Tax Credits for Agrimanufacturing.
Adds to the defined terms set forth in GS 105-129.81. Defines agrimanufacturing to mean the subset of manufacturing that processes raw materials and intermediate products derived from the agricultural sector to make them usable as food, feed, fiber, fuel, or industrial raw material. Defines qualifying agrimanufacturer to mean a taxpayer primarily engaged in agrimanufacturing at one or more locations for which the Secretary of Commerce has made a written determination of the amount of private funds that has been invested by the taxpayer on or after January 1, 2019, and that amount is in excess of $1.5 million, excluding investments in real or business property prior to January 1, 2019. Deletes the following terms: agrarian growth zone, air courier services, aircraft maintenance and repair, company headquarters, customer service call center, electronic shopping and mail order houses, establishment, hub, information technology and services, motorsports facility, motorsports racing team, port enhancement zone, research and development, urban progress zone, warehousing, and wholesale trade.
Modifies GS 105-129.83 to now provide for a tax credit with respect to activities occurring at an establishment whose primary activity is agrimanufacturing (previously, enumerated several types of businesses covered under the Article's credit). Eliminates provisions restricting company headquarters's eligibility under the Article. Limits the credit to development tier two areas (was tier two and tier three areas) so long as the taxpayer meets the wage standard, and to development tier one areas without having to meet the wage standard. Establishes that jobs in a development tier two area satisfy the wage standard if they pay an average weekly wage that is equal to 90 percent of the lesser of the average wage for all insured private employers in the State and the average wage for all insured private employers in the county (previously the standard for certain businesses in a development tier one area). Maintains the eligibility requirements for the taxpayer to provide health insurance for all of the full-time jobs established with respect to the credit claimed. Now specifies that the taxpayer provides health insurance if it pays at least 50 percent of the premiums for health insurance coverage that equals or exceeds the minimum requirements for small group benefit plans under State or federal law. Eliminates provisions regarding credit installments or carry forward credits. Establishes that a taxpayer forfeits a credit if the taxpayer fails to timely create the number of required new jobs or required level of investment (was limited to forfeiture for investment in real property under GS 105-129.89, as repealed). Makes further conforming changes.
Makes conforming changes to GS 105-129.84 to provide for the credits allowed under the Article against income taxes levied under Article 4 only, and to eliminate provisions regarding carry forwards of credit. Makes conforming changes to GS 105-129.85 and GS 105-129.86, concenting fees and reports, and substantiation, respectively.
Enacts GS 105-129.90, establishing the credit for agrimanufacturing, upon satisfaction of the eligibility requirements set out in GS 105-129.83, to be the qualifying agrimanufacturer's cumulative amount of income taxes for the taxable year for a number of years, based on the job creation and investment threshold requirements in a development tier one or tier two area during the taxable year, with a three-year credit for 25 jobs and $1.5 million investment threshold, a five-year credit for 50 jobs and $2.5 million threshold, and a ten-year credit for 100 jobs and $5 million threshold. Provides detailed provisions regarding job threshold and investment threshold calculation, providing for situations where a taxpayer creates new jobs at more than one eligible establishment; job location qualification; ineligibility of transferred jobs in the calculation; and qualifications of business or real property under the credit.
Effective for taxable years beginning on or after January 1, 2019.
| Intro. by Burgin. | GS 105 |
Amends GS 136-127, adding to the legislative policy declaration regarding outdoor advertising, establishing the importance of outdoor advertising in the national economy. Declares it in the public interest that outdoor advertising signs be erected, maintained, and clearly visible along State highways in order to provide public service announcements and information on services and products available to the general public, as specified. Explicitly recognizes the need to balance the needs of outdoor advertisers against the beautification of the State.
Amends GS 136-128, which sets forth defined terms applicable to Article 11, the Outdoor Advertising Act. Adds the terms area zoned commercial or industrial, customary use, main-traveled way or traveled way, on-premises/on-property sign, and sign location or site. Amends the definitions for erect or erection, nonconforming sign, State law, and unzoned commercial or industrial area.
Enacts GS 136-130.1, setting forth criteria for an area unzoned commercial or industrial, requiring one or more commercial or industrial activities to satisfy all nine criteria prior to submitting an outdoor advertising permit application to the Department of Transportation (Department), including the activity having all basic utilities, the activity being in active operation at least six months prior to the date of application submission, and the activity being open to the public at least 20 hours per week, as specified. In considering whether the nine criteria have been met, establishes certain considerations and measurement guidelines which must be used. Enumerates 10 activities which are not qualifying activities for an unzoned commercial or industrial area, including outdoor advertising structures, activities more than 660 feet from the nearest edge of the right-of-way, railroad tracks and minor sidings, and illegal and nonconforming junkyards.
Modifies GS 136-131 to authorize the Department to acquire by purchase, gift, or condemnation all outdoor advertising and all property rights pertaining to outdoor advertising in lawful existence or lawfully erected. Defines the scope of authority to include all acquisitions, purchases, condemnations, or takings by the Department that cause the removal of any lawfully erected outdoor advertising, regardless of the location and proximity of the outdoor advertising to the interstate or primary system (previously limited to nonconforming advertising under GS 136-129, GS 136-129.1, or GS 136-129.2). Makes conforming changes to refer to any acquisiton, purchase, condemnation, or taking (previously did not explicitly include taking). Lists nine factors which must be used in determining just compensation under the statute, including the sales price of similar outdoor advertising, the effect of land-use restrictions, and the reasonable expectations of lease renewal for a period in excess of that stated in the lease for original or renewal terms. Adds a new requirement for the Department to undertake the project necessitating the acquisition or taking under GS 133-11 prior to any acquisition or taking under the statute, including allowing the outdoor advertising to remain until actual construction or other physical site work is commenced on the project and within 100 feet of the outdoor advertising sign. Specifies that the statutes do not affect relocation assistance funding, which is in addition to any just compensation provided.
Amends GS 136-131.1, expanding the provisions to include just compensation for removal of outdoor advertising for which there is a valid permit issued by the Department pursuant to GS Chapter 11 and regulations thereunder (previously limited to outdoor advertising adjacent to a highway on the National System or a highway on the Federal aid Primary Highway System).
Enacts GS 136-131.3, requiring the relocation and reconstructing of any legally erected outdoor advertising that is caused to be moved due to State or local government agencies or other possessing eminent domain authority imposing eminent domain authority upon property on which the sign is located. Details six requirements for such relocation or reconstruction, such as requiring that the new site be any area within 660 feet of the nearest edge of a highway on the National System or the federal aid highway system within the same zoning jurisdiction or within the same city or county limits if the signs were located in an unzoned area, and requiring the construction for the relocation work to commence within one year after the later of the date of removal or the effective date of the Article. Generally allows for relocation of lawfully erected signs for which a permit has been issued by the Department, which do not qualify for relocation under the previous provisions, to relocate and reconstruct the sign subject to the same six requirements, except that the sign cannot be relocated more than 250 feet from the original lot boundaries on which the sign was previously erected. Provides special rules for signs legally existing but would not be conforming to customary use if relocated on the same sign location or site. Permits the removal of any vegetation to improve relocated sign visibility upon written consent of the landowner and a selective vegetation removal permit issued under the Article, as specified. Prohibits denial of a new site for relocation due to vegetation obstructing visibility, and prohibits cities or counties from enforcing conflicting regulations. Provides for preemption of all state political subdivisions' regulation or prohibition of the relocation of outdoor advertising. Applies to outdoor advertising signs removed on or after January 1, 2014.
Amends GS 136-133.1, which provides for a selective vegetation removal permit. Now provides for the maximum cut or removal zone for each sign face for the direction of travel for which the sign faces is oriented to not exceed a continuous 500 feet horizontal distance parallel to a State right-of-way and measured from a point on the main-traveled way of the highway nearest the sign face (previously provided parameters to establish five points in order to define the limits of the vegetation or removal cut area). Now requires (was, permits) the Department to approve plans for cutting, thinning, pruning, or removing vegetation outside of the cut or removal zone along acceleration or deceleration ramps so long as sign visibility will be imposed and the total aggregate of cutting or removal does not exceed the specified maximum allowed. Further, now requires the Department to approve plans for the cutting, thinning, pruning, or removal of vegetation along or within medians of the interstate or federal aid highway system so long as the view to the cross read face of the sign will be improved and the sign owner replaces the disturbed median area with low grade hardy shrubs at the sign owner's expense. Now qualifies the requirement for native dogwoods and redbuds to be preserved, requiring preservation only to the extent possible. Adds that a selective vegetation removal permittee can relocation and replace any native dogwoods or native redbuds existing within the cut or removal zone established under the statute to a location within 2,500 feet on either side of the outdoor advertising structure, as measured along the edge of the pavement of the main-traveled way of the nearest controlled route, but only if necessary. Requires the selective vegetation removal permittee to replace the native dogwoods or native redbuds with the same species and quantity as specified if preservation is not possible during relocation.
Amends GS 136-133.2 to allow permits to remove vegetation to be granted for outdoor advertising locations that have been permitted for one year (was, two years) prior to the date of application. Now also allows permits to remove vegetation to be granted for outdoor advertising locations, if relocated as allowed under law, and the outdoor advertising otherwise complies with the requirements of the statute and rules adopted by the Department. Makes conforming changes to GS 136-133.5
Provides a severability clause.
| Intro. by Edwards, Brown, Nickel. | GS 136 |
Part I repeals GS 90-101(a1), which required physicians who prescribe buprenorphine to annually register with the Department of Health and Human Services (DHHS).
Part II
Amends GS 90-113.22 and GS 90-113.22A, concerning the possession of paraphernalia and marijuana paraphernalia, explicitly providing that (1) it is not unlawful for a person who introduces a controlled substance into his or her body or intends to do so, to knowingly use or to possess with the intent to use testing equipment for identifying or analyzing the strength, effectiveness, or purity of the controlled substance or (2) a governmental or nongovernmental organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors to possess such testing equipment or distribute such testing equipment to a person who intends to introduce a controlled substance into his or her body.
Part III
Amends GS 90-113.27, adding to the objectives of authorized needle and hypodermic syringe exchange programs, the goal to reduce the number of drug overdoses in the State. Eliminates the prohibition against the use of State funds to purchase needles, hypodermic syringes, or other injection supplies.
Part IV
Amends GS 90-113.72 to define benzodiazepine. Amends GS 90-113.74C, adding prescriptions of benzodiazepine to those which a practitioner is required to review information in the controlled substances reporting system pertaining to the patient prior to initially prescribing the substance, and must review in subsequent three-month increments to determine that the substance should remain a part of the patient's medical care. Also allows the practitioner to review the information in the controlled substances reporting system prior to prescribing a benzodiazepine if the substance is to be administered in a health care setting, hospital, nursing home, outpatient dialysis facility, or residential care facility; the substance is prescribed for the treatment of cancer or associated condition; or the substance is prescribed to a patient in hospice or palliative care.
Provides that the above provisions are effective 30 days after the date the State Chief Information Officer notifies the Revisor of Statutes that the upgrades to the Controlled Substances Reporting System database have been completed and the upgraded database is fully operational and connected to the statewide health information exchange.
Amends GS 90-113.73, regarding reporting of prescriptions for all Schedule II through V substances, to now also include prescriptions for gabapentin and naloxone hydrochloride in the reporting requirements, as previously specified. Effective January 1, 2020.
Part V
Amends GS 122C-3, as amended, to add the defined terms opioid treatment program, Opioid Treatment Program Central Registry, and State Opioid Treatment Authority.
Enacts Article 2A, State Opioid Treatment Authority, to GS Chapter 122C, to require prospective opioid treatment programs to apply for and obtain approval by the State Opioid Treatment Authority (SOTA) prior to seeking licensure by DHHS. Defines opioid treatment program under the Chapter to mean a program or practitioner with a current and valid registration under specified federal law that is engaged in dispensing opioid agonist medication for the treatment of individuals with opioid use disorders. Defines SOTA under the Chapter to mean the section of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services that exercises the responsibility and authority within the State for governing the treatment of opioid use disorder with an opioid drug. Details eight criteria SOTA is to consider along with any rules adopted by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission) in reviewing applications by prospective opioid treatment programs, including capacity of state and federal law compliant treatment, prior experience, and history of professional discipline of persons proposed to be employed by the applicant's proposed program or of the proposed sponsor of the program. Provides for contesting the denial of an application as a contested case under Article 3 of GS Chapter 150B, requiring the petition to be filed within 20 day after the date SOTA mailed the notice of denial. Directs the Commission to adopt and amend rules to establish standards for SOTA's review, approval or denial of prospective opioid treatment programs, and the licensure and operation of SOTA-approved opioid treatment programs, which address nine specified factors, including minimum requirements for staffing positions, staffing ratios, and staff training; minimum operating hours; counseling requirements; and SOTA site visits. Exempts rule making under this statute from the requirements of GS 150B-21.4 (which requires a fiscal and regulatory impact analysis of proposed rules).
Establishes the State Opioid Treatment Authority Fund (SOTA Fund) as an interest-bearing special revenue fund administered by DHHS, with restricted use only for the offset of the cost of operating the Opioid Treatment Program Central Registry (Registry), and only supplemental to existing state and local funding available. Provides that the SOTA Fund is to consist of fees collected for the Registry, legislative appropriations, and money received from the state, federal, private, or other sources for deposit into the SOTA Fund. Provides that interest earned is to be credited to the SOTA Fund, and that any balance does not revert but instead remains in the SOTA Fund at the end of any fiscal year. Effective July 1, 2019.
Directs SOTA to require mandatory participation of all opioid treatment programs in the Registry. Requires the programs to submit data to the Registry as directed by SOTA. Beginning January 1, 2020, directs DHHS to charge each program an annual fee of $1,600 for participation in the Registry, with 100% of the fee credited to the SOTA Fund. Provides for increasing the fee. Provides that the fee is due within seven days after the program is granted final certification by the federal Substance Abuse and Mental Health Services Administration to begin operation. Requires DHHS to prorate the amount on a calendar year basis during the first year of participation.
Directs the Commission to amend or adopt its rules as prescribed in GS 122C-50.1, as amended by the act, by May 1, 2020.
Appropriates from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, $5 million in nonrecurring funds for each year of the 2019-21 fiscal biennium. Establishes that the funds are to provide temporary, short-term financial assistance by monthly payment to group homes on behalf of each resident who meets the specified criteria. Defines group home to mean any facility licensed under GS Chapter 122C, meeting the definition of a supervised living facility under specified administrative rules, and serves adults whose primary diagnosis is mental illness or a developmental disability, but can also have other diagnoses. Establishes eligibility criteria to include that the resident was previously eligible for Medicaid-covered personal care services (PCS) prior to January 1, 2013, but became ineligible on or after January 1, 2013, due to Medicaid State Plan changes, and the resident has continually resided in a group home since December 31, 2012. Details requirements and limitations of the monthly payments, including capping the payments at $464.30 per month for each qualifying resident; requiring compliance with the use restrictions; limiting the payments to the period between July 1, 2019, and ending June 30, 2021, or upon depletion of the $5 million appropriation in the respective fiscal year; limiting payments to the extent sufficient funds are available for each fiscal year; restricting payments during pendency of a Medicaid appeal by or on behalf of the resident under GS 108A-70.9A; required termination of payments on June 30, 2021, or upon depletion of the $5 million appropriation for each fiscal year; and requiring each group home recipient to submit a list of all funding sources for the operational costs of the home for the preceding two years, to the Department, as specified. Details further provisions regarding administration of the funds.
Requires the Division to report to the specified NCGA committee by September 1, 2019, listing the funding sources for each group home which receives the assistance, and a plan for sustaining funding beyond the 2019-21 fiscal biennium for group homes, as described. Specifies that the act does not establish any obligation to appropriate funds or an entitlement to any appropriations or assistance.
Effective July 1, 2019, and expires June 30, 2021.
| Intro. by Krawiec. | APPROP |
Amends GS 105-537 to modify the ballot question for a referendum on a county's proposed one-quarter percent local sales and use tax, to additionally specify in the question that the tax is to be used for inclusion in conformity with the options listed in GS 105-538, as amended.
Amends GS 105-538 to limit a county's use of the net proceeds of the local sales and use tax to any of the following options: public purpose, beach nourishment, economic development, public school capital outlay purposes, and/or promote travel and tourism. Provides corresponding ballot language for each purpose specified. Additionally, adds definitions for the terms beach nourishment, economic development, net proceeds, promote travel and tourism, and public school capital outlay purpose. Includes in the definition of beach nourishment expenditures for (1) costs directly associated with qualifying for projects either contracted through the US Army Corps of Engineers or otherwise permitted by appropriate state and federal agencies, (2) the nonfederal share of costs required to construct the projects, (3) the costs associated with providing enhanced public beach access, (4) the costs of associated nonhardening activities, and (5) dredging. Includes administrative expenses incurred in engaging in the qualifying activities in the definition of promote travel and tourism.
| Intro. by Sanderson. | GS 105 |
Modifies GS 143B-811 to require the Department of Public Safety (DPS) to annually evaluate intensive intervention services (rather than community programs and multipurpose group homes). Specifies that intensive intervention services are evidence-based or research-supported community-based or residential services necessary for a juvenile in order to prevent the juvenile's commitment to a youth development center or detention facility, or facilitate the juvenile's successful return to the community following commitment. Makes conforming changes.
Amends GS 143B-846, which requires each county board of commissioners to appoint a Juvenile Crime Prevention Council (County Council). Modifies the required membership of each County Council to include the designee of the chief of police as an alternative to the chief of police, the director of the area Local Management Entity/Managed Care Organization (LME/MCO) or that person's designee (instead of the director of the area mental health, developmental disabilities, and substance abuse authority or that person's designee), and two persons under the age of 21 years, or one person under the age of 21 years and one member of the public representing the interests of families of at-risk juveniles (instead of two persons under the age of 18 years, one of whom is a member of the State Youth Council).
Amends GS 143B-849 to now require County Councils to meet at least six times per year rather than bimonthly.
Amends GS 143B-851 to now require each County Council to biennially rather than annually review the needs of at-risk or adjudicated juveniles in the county and the resources available to address their needs. Additionally now allows the County Councils to examine the benefits of joint program development between counties and judicial districts (was between counties within the same judicial district).
The above provisions are effective December 1, 2019.
Recodifies GS 143B-1104 as GS 143B-853, to now require the Division of Adult Correction and Juvenile Justice (Division), rather than the Division of Administration, to annually develop and implement a funding mechanism for programs that meet the standards developed under Subpart F, Juvenile Crime Prevention Councils, Part 3, Article 13. Adds to the requirements that the guidelines to allow awards be provided in amounts that fund two years of services for programs that meet the requirements of the statute and have been awarded funds in a prior funding cycle, in the discretion of the Division. Requires the Juvenile Justice Section and DPS to annually report to the specified NCGA subcommittees on the results of the intensive intervention services, as described (was, on alternatives to certain commitment demonstration programs). Makes conforming and technical changes.
For the 2019-21 fiscal biennium, deems funds appropriated to the Division for the biennium that are provided to County Councils to be used for alternative commitment and Level 2 dispositional alternatives to now be known as funds for intensive intervention services to be used for the purpose of providing intensive intervention services for juveniles of any disposition level, based on the needs of the juvenile as ordered under GS 7B-2506. Requires the Division to conduct an open-bid award process to determine allocation of County Council funds among counties. Provides for the Division's selection and number of recipients, as well as award amounts, upon the consideration of commitment rates, disposition levels, and criminogenic needs of juveniles served, programs that target rural juveniles, diverse statewide geographic representation, and programs utilizing county collaboration.
Effective July 1, 2019.
| Intro. by Sanderson, Daniel, Britt. | GS 143B |
Part I.
Amends GS 122C-3 which includes the definitions of terms used in GS Chapter 122C (the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985) by deleting the terms mental retardation and mentally retarded with accompanying behavior disorder, and adds the term intellectual disability, meaning a developmental disability characterized by significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before age 22 (which is substantively the same as the previous definition of mental retardation). Makes changes throughout GS Chapter 122C to replace the term mental retardation with intellectual disability or intellectual or other developmental disability; State facility for the mentally retarded with State developmental center; mentally ill with client who has a mental illness; developmentally disabled individual with an individual who has a developmental disability; and related changes. Makes additional technical and clarifying changes and makes language gender neutral. Makes clarifying changes in GS 122C-263 by deleting unnecessary language.
Part II.
Makes the same updates to the terms above as they are used in the following statutes and also updates conditions to refer to individuals as having the condition instead of being the condition (for example replaces emotionally disturbed children with children with serious emotional disturbances): GS 7B-2502, GS 14-32.2, GS 90-106, GS 58-55-35, GS 108A-101, GS 131D-10.4, GS 131D-31, GS 131E-154.2, GS 131E-176, 131E-186, GS 131E-214.1, GS 136-18, GS 143-64.02, GS 143-117, GS 143-117.1, GS 148-19, GS 148-22, GS 153A-221, GS 153A-248, and GS 159-48.
Further amends GS 90-106 by making additional organizational and clarifying changes, changes to this statute apply to offenses committed on or after January 1, 2020. Further amends GS 58-55-35 by amending the definition of skilled nursing facility by setting out a definition instead of referring to the definition found in another statute, changes to this statute apply to contracts entered into on or after October 1, 2019.
Part III.
Provides that the act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability.
Effective October 1, 2019, and applies to proceedings commenced or services rendered on or after that date.
Repeals Article 30, Judicial Standards Commission, of GS Chapter 7A.
Amends GS 84-23 regarding the powers of the NC State Bar Council (Council), to now include: adopting rules of professional ethics and conduct for lawyers and State Bar certified paralegals (previously did not specify for whom), investigating and prosecuting matters of professional misconduct for lawyers and State Bar certified paralegals (previously did not specify of whom), and investigating and resolving inquiries concerning the qualifications and conduct of any judge or justice under new Article 5 (though specifies such investigation and resolution bears no affect on judicial impeachment).
Recodifies GS 84-28 through GS 84-32.1 and GS 84-36 through GS 84-37 as GS 84-40 through GS 84-50, respectively, in new Article 5, Investigation and Discipline. Modifies and adds to the Article as follows.
Amends GS 84-40, as recodifed, to now provide that any judge or justice is subject to the disciplinary jurisdiction of the Council under the NC Code of Judicial Conduct as adopted by the Supreme Court (Code) and under the procedures adopted by the Council. Makes conforming changes to GS 84-43, as recodified, regarding evidence and witnesses in any investigation under the Article.
Enacts GS 84-51 to set forth definitions for the Article with regard to any investigation concerning the qualifications and conduct of any judge or justice conducted under the Article, unless the contact clearly requires otherwise. Terms defined include: censure, Council, incapacity, investigation, judge, letter of caution, public reprimand, remove or removal, and suspend or suspension.
Enacts GS 84-52 to authorize the Council to issue a private letter of caution upon a determination that any judge has engaged in conduct that violates the Code but that does not warrant a recommendation of public reprimand, censure, suspension, or removal. Defines letter of caution to mean a written action of the Council that cautions a judge not to engage in certain conduct that violates the Code. Permits the Supreme Court, upon recommendation of the Council, to issue a public reprimand, censure, suspend without pay, or remove any judge for willful misconduct in office, willful and persistent failure to perform the judge's duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Provides that removal for these described reasons forfeits retirement compensation and disqualifies the individual from holding further judicial office.
Permits the Supreme Court, upon recommendation of the Council, to suspend, for a period of time it deems necessary and during which time the judge is compensated, any judge for temporary physical or mental incapacity interfering with job performance, and to remove any judge for physical or mental incapacity interfering with job performance that is or is likely to become permanent. Specifies that a judge removed for these reasons is entitled to retirement compensation if the judge has met the required creditable service for incapacity or disability retirement, and prohibits such a judge from sitting as an emergency justice or judge.
Enacts GS 84-53 to permit any citizen to file a written complaint with the Council concerning the qualifications or conduct of a justice or judge, which the Council should investigate as it deems necessary. Also authorizes the Council to make an investigation upon its own motion. Prohibits an investigation by the Council when the sole basis of the complaint is a superior court judge's legal ruling that has not yet been reviewed or ruled upon by the Court of Appeals or the Supreme Court. Provides for the subpoena of witnesses, production of evidence, and administration of oaths, and allows the Council to issue punishment for contempt. Requires a hearing prior to any recommendation of public reprimand, censure, suspension, or removal. Provides that all papers filed with and proceedings before the Council are confidential and not public records. Provides for issuance of a letter of caution in lieu of any further proceedings. Requires notice and statement of charges, as well as the record supporting the recommendation, filed by the Council recommending disciplinary action by the Supreme Court to be confidential, as well as any answer and all other pleadings. Provides that all disciplinary hearings are also confidential. Provides that testimony and other evidence presented is privileged in any defamation action. Requires five Council members to concur in any recommendation for public reprimand, censure, suspension, or removal of any judge. Entitles any such respondent to the proposed record filed, as well as to a brief and argument, both in person and through counsel, to the Supreme Court. Requires a majority of voting members to approve the recommendation or remand, or reject the recommendation. Provides that a respondent is disqualified from acting as a justice or Council member in such a matter. Provides that the notice and statement of charges, answers, and other pleadings, Council recommendations, and the record filed for support are no longer confidential upon issuance of a public reprimand, censure, suspension, or removal by the Supreme Court. Authorizes the Council to issue advisory opinions as a trial court to punish for contempt, or for refusal to obey lawful orders or process issued by the Council.
Transfers as a Type I transfer to the Council the authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the lobbying registration and lobbying enforcement function of the Judicial Standards Commission.
Effective January 1, 2020. Provides a saving clause for any ongoing inquiry into the conduct and qualifications of any judge or justice pending before the Judicial Standards Commission on December 31, 2019, and requires the Council to be substituted as a party upon application, as specified. Provides a saving clause for prosecution for offenses and violations committed before January 1, 2020. Requires that rules adopted by the Judicial Standards Commission remain in effect unless subsequently modified by the Council.
Part I
Amends GS Chapter 15A, Article 5 (expunction of records), by enacting new GS 15A-145.8 allowing expunction of records for offenders under the age of 18 at the time of conviction of certain misdemeanors and felonies. Describes procedure for filing a petition for expunction after completion of sentence, period of probation, and payment of any restitution ordered. Requires a court, after a hearing and upon finding certain facts, to restore the petitioner to their pre-conviction status. Allows for expunction of multiple convictions. Excludes expunction eligibility for impaired driving offenses as well as any offenses requiring sex offender registration. Describes effect of expungement as allowing a successful petitioner to not be held liable for perjury or giving a false statement for failing to recite or acknowledge the existence of the related arrest, indictment, or trial. Requires a court to order expunction from law enforcement and state agencies identified by the petitioner as having a record of the conviction(s). Prohibits collection of a fee for the filing of a petition under this section and precludes a petitioner from having to pay costs of expunction. Applies to offenses committed on or before December 1, 2019.
Part II
Amends GS 15A-151.5 (prosecutor access to expunged files), subsection (a), by adding new subdivision (7a) listing expunction of records pursuant to GS 15A-145.8 in the list of expunction statutes under which the Administrative Office of the Courts must maintain files for prosecutor access. Effective December 1, 2019.
Part III
Amends GS 15A-146 to permit any person charged with a crime or infraction dismissed prior to December 1, 2019, or prosecutor, to petition the court for expunction. Removes the hearing requirement. Requires the court to order the expunction upon finding the charge was dismissed. Concerning multiple charges, requires the court to hold a hearing upon finding that all of the charges were not dismissed, and permits the court to order the expunction of any of the dismissed charges. Provides for identical changes regarding petitions concerning charges or infractions that resulted in findings of not guilty or not responsible prior to December 1, 2019. Provides for automatic expunction by operation of law for criminal charges or infractions dismissed by automatic court order for crimes or infractions resulting in a finding of not guilty or not responsible entered, on or after December 1, 2019. Provides for partial expunction orders concerning multiple offenses. Authorizes a court to grant a petition for expunction without a hearing. Clarifies the effect of expunction. Makes further conforming changes.
Effective December 1, 2019, and applies to petitions filed on or after that date.
Amends GS 15A-150 to require the clerk to send a certified copy of an expunction order to the person granted the expunction unless the expunction was granted pursuant to new subsections (a4) and (a5) of GS 15A-146 (providing for automatic expunction without petitioning).
Directs the Department of Public Safety (DPS) in conjunction with the Department of Justice and the Administrative Office of the Courts, by February 1, 2020, to jointly develop and submit a report to the specified NCGA committee on recommendations and associated costs to automate the expunction process for all State agencies with records subject to orders and ensure efficacy of the expunction.
Effective December 1, 2019.
Part IV
Amends GS 15A-145.5 concerning expunction of nonviolent misdemeanors and nonviolent felonies, as defined. Now allows a person to petition a court for expunction of one ore more nonviolent misdemeanor or nonviolent felony convictions from the person's criminal record if the person has not previously been convicted of a Class A1 misdemeanor offense or a felony offense that is not considered a nonviolent felony (was a petition for a nonviolent misdemeanor or nonviolent felony conviction if the person has no other misdemeanor or felony convictions other than a traffic violation). Allows for a petition for expunction of one or more nonviolent felony convictions to be filed no earlier than 10 years after the later of the date of the last conviction for a nonviolent felony or nonviolent misdemeanor, other than a traffic offense, or when any active sentence, period of probation, and post-release supervision has been served (previously a 10-year waiting period for nonviolent felony expunction petition did not include dating from the last conviction of a nonviolent misdemeanor). Allows for the petition for expunction of one or more nonviolent misdemeanor convictions to be filed no earlier than five years after the later of the date of the last conviction for a nonviolent felony or nonviolent misdemeanor, other than a traffic offense, or when any active sentence, period of probation, and post-release supervision has been served (previously the five-year waiting period for nonviolent misdemeanors did not include dating from the last conviction of a nonviolent felony). Makes conforming changes to the petition requirements. Allows for the expunction of one or more nonviolent misdemeanor convictions upon satisfying the required findings if the petition was filed no earlier than seven years after the later of the date of the petitioner's last conviction for a nonviolent felony or nonviolent misdemeanor, other than a traffic offense, or when any active sentence, period of probation, and post-release supervision has been served. Makes further clarifying, conforming, and technical changes.
Applies to petitions filed on or after December 1, 2019.
Part V
Provides that the act is effective December 1, 2019, unless otherwise provided.
| Intro. by Britt, Daniel, McKissick. | GS 15A |
Amends GS 14-410 to establish that it is permissible for pyrotechnics that are consumer fireworks to be possessed, advertised, sold, used, transported, handled, or discharged within the state, so long as the possession, advertising, sale, use, transportation, handling, or discharge complies with Part 2 of Article 82A of GS Chapter 58, enacted below. Modifies subsection (b) to change the age to which it is unlawful to sell pyrotechnics, establishing that it is unlawful for any individual, firm, partnership, or corporation to sell consumer fireworks or pyrotechnics as defined in GS 14-414(2), (3), (4)c., (5), or (6) (currently does not include sale of consumer fireworks) to persons under the age of 18 (currently, under the age of 16). Makes conforming changes to the statute's title.
Amends GS 14-415 to make a violation of GS 14-410(b), as amended, a Class 1 misdemeanor rather than a Class 2 misdemeanor.
Recodifies GS 58-82A-1 through GS 58-82A-55 as Part 1 of Article 82A of GS Chapter 58, and names it Display Pyrotechnics Training Permitting and enacts new Part 2, Consumer Fireworks, as follows. Defines consumer fireworks to mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (1) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (2) complies with the construction, chemical composition, and labeling regulations of the US Consumer Product Safety Commission, as set forth in the CFR, volumes 16 and 49. Defines other terms applicable to new Part 2.
Prohibits use or possession of consumer fireworks within a county or city unless that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in accordance with new GS 153A-130.1 and new GS 160A-190.1. Places the following conditions on the possession and use of consumer fireworks: (1) the person possessing or using the consumer fireworks must be at least 18 years old; (2) the use of consumer fireworks may occur only between the hours of 10 am and 10 pm except for other specified times on July 4th and December 31st and the following January 1st; (3) the use of consumer fireworks is prohibited in or on the premises of a public or private primary or secondary school unless the person has received written authorization from the school; on the campus of a college or university unless the person has received written authorization from the college or university; and within 1,500 feet of a hospital, veterinary hospital, animal care facility, licensed child care center, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances; and (4) the possession or use of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, state agency, or unit of local government owning or otherwise controlling the public park, property, or public space. Prohibits counties and cities from prohibiting the transportation of consumer fireworks across or through the county or city. Makes further clarifications as to transportation-related restrictions.
Prohibits selling consumer fireworks, sparkling devices, or novelties without a permit issued from the Commissioner of Insurance (Commissioner). Directs the Commissioner to issue rules to implement the statute. Requires permits of a fireworks retailer to be posted in a location visible to the public. Sets out conditions that must be met for permits to be issued to a person to operate a fireworks retailer or a sparkling device retailer, including maintaining public liability and product liability insurance with minimum coverage limits of $5 million, and establishes permit fees. Prohibits a county or city from restricting or excluding the transportation of consumer fireworks across or through the county or city.
Sets out requirements that must be satisfied by all permittees, and the additional conditions that must be contained in any permit issued for a consumer fireworks permanent retailer or a consumer fireworks temporary retailer. Requires a permit issued to an incidental sparkling device retailer to allow the sale of sparkling devices and novelties only, and to require compliance with NFPA standards applicable to those sales. Defines NFPA standards to mean Standard 1124 of the National Fire Protection Association, 2017 edition, as it applies to the retail sale or distribution of consumer fireworks, except as provided in Part 2.
Sets out provisions concerning the power of the Commissioner of Insurance to exclude certain types or categories of pyrotechnics from the definition of consumer fireworks so long as the determination is evidence-based, and prohibiting the use of consumer fireworks during declared hazardous forest fire conditions.
Establishes that GS 14-415 (violations of the prohibition on the manufacture, sale, and use of pyrotechnics) and GS 58-2-70 (Civil penalties or restitution for violations; administrative procedure) apply to violations of Part 2. Authorizes the Commissioner, a State law enforcement officer, a municipal law enforcement officer, a code enforcement officer, or a fire safety official to petition the district court to seize or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, or used in violation of Part 2. Authorizes the Commissioner to assess a civil penalty in addition to or instead of suspending a permit pursuant to GS 52-82A-115, as enacted. Makes any violation of GS 58-52A-120 a Class 1 misdemeanor.
Authorizes the Commissioner, by majority vote, to suspend the permit of a person authorized to sell consumer fireworks or sparkling devices for engaging in: (1) selling fireworks or explosives not authorized under Part 2; (2) selling consumer fireworks or sparkling devices within the state without a valid permit; (3) selling consumer fireworks or sparkling devices to a person who appears to be under the influence of alcohol or drugs; (4) knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18; or (5) selling consumer fireworks or sparkling devices at a fireworks retail stand or fireworks tent in violation of GS 58-82A-120, as enacted. Provides that it is an affirmative defense to any disciplinary action taken pursuant to this provision that the permit holder procured, furnished, gave, sold, or delivered consumer fireworks or sparkling devices to a person under the age of 18 in reasonable reliance upon fraudulent proof of age presented to the permit holder. Establishes that the civil penalty must be at least $1,000 but cannot exceed $10,000, and requires the Commissioner to consider specified factors in determining the amount issued. Requires clear proceeds of civil penalties issued under the provision to be remitted to the Civil Penalty and Forfeiture Fund. Sets forth that a person whose permit has been suspended or has been issued a civil penalty under this provision must receive a hearing before the applicable body within 10 days of the suspension, and if the decision is upheld, the person can seek judicial review in superior court.
Makes it unlawful to sell, transfer, or distribute consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a fireworks tent unless the fireworks retailer obtains written authorization to conduct business from the owner or custodian of the property wherein the stand or tent is located, if applicable, and there is adequate parking to accommodate customers of the fireworks retailer and, if applicable, any other businesses that are on the premises.
Requires certain safety labels on the packages of consumer fireworks, sparkling devices, or novelties authorized to be sold under Part 2, and requires fireworks retailers to provide a safety pamphlet created by the Office of the State Fire Marshall to the purchaser that outlines safe handling and best practices.
Directs the Commissioner to create a training course or identify an existing training course to train individuals on the function, safe handling, and best practices for the safe use of all categories of consumer fireworks. Also requires the Commissioner to create and maintain a list of persons who have completed the training. Allows the Department of Insurance to issue relevant rules and to charge a fee to cover the costs of implementing the statute.
Enacts new GS 153A-130.1 and GS 160A-190.1 allowing counties and cities to, by ordinance, regulate the use and sales of consumer fireworks, sparkling devices, and novelties to the public, effective October 1 following adoption and until its repeal, with any repeal effective October 1 following the repeal. Provides that a city or county can enact an ordinance at any time, but ordinances adopted prior to December 1, 2019, become effective December 1, 2019.
Enacts Article 2E to Subchapter I of GS Chapter 105, requiring an excise tax to be levied on consumer fireworks at the rate of 5% of the cost price of the products. Establishes that a person who sells consumer fireworks at retail is subject to and liable for this tax. Sets forth other provisions pertaining to tax on consumer fireworks, including filing monthly reports, discounts for timely filing a report and timely paying the tax, refunds, recordkeeping, and use of the tax, including crediting 25% of the proceeds to the Firefighters' Education Fund with the remainder credited to the General Fund. Applies to the cost price paid for fireworks on or after December 1, 2019.
Authorizes the Commissioner to require a fireworks retailer to furnish a bond, as specified, to protect the State from loss if the retailer fails to pay taxes due under Article 2E. Provides for calculation and periodic review of the bond amount. Allows substitution of an irrevocable letter of credit for the secured bond, as specified.
Enacts Article 85B to GS Chapter 58 to create the Firefighters' Education Fund within the Department of Insurance and administered by the Office of the State Fire Marshal, consisting of revenue credited from taxes under GS 105-113.125. Allows the Office of the State Fire Marshal to deduct administrative expenses, with the remaining revenues credited to be used to provide education and training to firefighters in the State. Defines firefighter.
Effective December 1, 2019, unless otherwise provided. Provides a saving clause for offenses committed before the effective date of the act.
Part I.
Establishes the Department of Correction (DOC) as a cabinet-level department. Provides that all functions, powers, duties, and obligations vested in the following (currently located in the Department of Public Safety) are transferred to, vested in, and consolidated within DOC: (1) Community Corrections Section of the Division of Adult Correction and Juvenile Justice; (2) Post-Release Supervision and Parole Commission; (3) Treatment for Effective Community Supervision Program; and (4) Justice Reinvestment Council. Amends GS 143B-2 to make the Executive Organization Act of 1973 applicable to DOC. Amends GS 143B-6 by adding DOC to those principal departments vested with executive and administrative powers, duties, and functions. Amends GS 126-5 to add DOC to those departments to which the Governor may designate exempt positions.
Repeals Part 1A of Article 13 of GS Chapter 143B (Division of Adult Correction and Juvenile Justice).
Enacts new Article 16, Department of Correction, in GS Chapter 143B, with Part 1 devoted to organization. Establishes the DOC, to perform all functions of the executive branch of the State in relation to correction and the rehabilitation of adult offenders, including detention, parole, and aftercare supervision, and further including those prescribed powers, duties, and functions enumerated in the laws of this state. Sets the Secretary of the Department of Correction (Secretary) as the head of DOC. Enumerates four duties of DOC, including establishing the Alcoholism and Chemical Dependency Treatment Program, and establish, in consultation with the Domestic Violence Commission, a domestic violence treatment program for offenders sentenced to a term of imprisonment in DOC’s custody and whose official record includes a finding that the offender committed acts of domestic violence Sets out and defines terms used in the Article.
Repeals GS 143B-701 (setting out the duties of the Division of Adult Correction and Juvenile Justice); GS 143B-702 (directing the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to adopt rules and regulations related to specified issues); GS 143B-704 (setting out functions of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with respect to adults); and GS 143B-711 (concerning the organization of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety). Recodifies the statutes remaining in Subpart A (Division of Adult Correction general provisions) of Part 2 of Article 13 of GS Chapter 143B as Part 2 of new Article 16 of GS Chapter 143B. Recodifies Subpart C (Parole Commission) of Part 2 of Article 13 of GS Chapter 143B as Part 3 of new Article 16. Recodifies Subpart B (State Capitol Police Division; possibly intends Subpart Treatment for Effective Community Supervision Program located in Subpart B of Part 6) of Part 4 of Article 13 of GS Chapter 143B as Part 4 of new Article 16.
Makes conforming changes to the recodified statutes by replacing duties assigned to the Division of Adult Correction and Juvenile Justice with the Secretary and DOC. Also assigns Department of Public Safety responsibilities to the DOC in the recodified statutes. Makes additional clarifying and technical changes.
Amends GS 143B-1457 by making the Secretary responsible for establishing the Alcoholism and Chemical Dependency Treatment Program, which is to consist of a continuum of treatment and intervention services for inmates, established in medium and minimum custody prison facilities, for probationers and parolees, established in community-based residential treatment facilities.
Amends GS 143B-1465, concerning medical costs for inmates and juvenile offenders, by removing references to juvenile offenders. Deletes outdated reporting requirement.
Amends specified statutes to replace Department of Public Safety with DOC; replace Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; replace Secretary of Public Safety with Secretary of DOC; replace Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; replace Section of Community Corrections of the Division of Adult Correction and Juvenile Justice with DOC; Section of Community Corrections with DOC; replace Section of Prisons of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; Section of Prisons of the Division of Adult Correction and Juvenile Justice with DOC; and Section of Prisons with DOC.
Part II.
Establishes the Department of Juvenile Justice and Delinquency Prevention (DJJDP) as a cabinet-level department. Provides that all functions, powers, duties, and obligations vested in the following (currently located in the Department of Public Safety) are transferred to, vested in, and consolidated within DJJDP: (1) Juvenile Justice Section in the Division of Adult Correction and Juvenile Justice; (2) Teen Court; (3) Youth Development Center; (4) Juvenile Court Services; and (5) Juvenile Crime Prevention Councils. Amends GS 143B-2 to make the Executive Organization Act of 1973 applicable to DJJDP. Amends GS 143B-6 by adding DJJDP to those principal departments vested with executive and administrative powers, duties, and functions. Amends GS 126-5 to add DJJDP to those departments to which the Governor may designate exempt positions.
Adds new Article 17, Department of Juvenile Justice and Delinquency Prevention, in GS Chapter 143B. Repeals Subpart A of Part 3 of Article 13 of GS Chapter 143B, which created the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Recodifies the following Subparts of Part 3 of Article 13 of GS Chapter 143B: Subpart B (general provisions related to the Section), Subpart C (Juvenile Facilities); Subpart D (Juvenile Court Services), Subpart E (Comprehensive Juvenile Delinquency and Substance Abuse Prevention Plan), and Subpart F (Juvenile Crime Prevention Councils).Places Parts 1-6 of new Article 17 under Part 1, concerning organization. Establishes the Department of Juvenile Justice and Delinquency Prevention to perform all functions of the executive branch of the State in relation to the provision of services to juveniles, both protective for those juveniles found to be undisciplined or delinquent and preventative to reduce the rates of delinquency. Sets the Secretary of DJJDP (Secretary) as the head of the Department.
Makes conforming changes to the recodified statutes by replacing duties assigned to the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice with the Secretary and DJJDP. Also assigns Department of Public Safety responsibilities to the DJJDP in the recodified statutes. Makes additional clarifying and technical changes.
Enacts new GS 143B-1515 requiring DJJDP to reimburse providers and facilities providing approved medical services to juvenile offenders outside juvenile facilities the lesser of either (1) 70% of the provider’s then-current prevailing charge or (2) two times the then-current Medicaid rate for any given service. Exempts vendors providing services that are not billed on a fee-for-service basis. Require DJJDP to make every effort to contain medical costs for juvenile offenders by using its own hospital and health care facilities to care for offenders. If other facilities or service must be used, requires DJJDP to make efforts to use those with which it has a contract, or if none are reasonably available, then with hospitals with available capacity or other health care facilities in a region. Requires DJJDP to report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Justice and Public Safety Appropriations Committees on seven specified issues related to medical care of juvenile offenders.
Amends specified statutes to replace Department of Public Safety with DJJDP; replace Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DJJDP; replace Secretary of Public Safety with Secretary of DJJDP; and replace Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DJJDP.
Part III.
Makes additional conforming changes by updating references to DOC and DJJDP in GS 66-58, GS 14-258.7, GS 17C-3, GS 120-70.94, GS 143-166.1, GS 143-166.2, GS 143-166.7, GS 143-166.13, and GS 143B-1100.
Part IV.
Appropriates $1.6 million for 2019-20 and 2020-21 from the General Fund to DOC for additional managerial positions.
Appropriates $1.6 million for 2019-20 and 2020-21 from the General Fund to DJJDP for additional managerial positions.
The act is effective July 1, 2019.
| Intro. by Steinburg, McKissick, Sanderson. | APPROP, GS 1, GS 1E, GS 7A, GS 7B, GS 14, GS 15, GS 15A, GS 15B, GS 17C, GS 20, GS 50, GS 58, GS 62, GS 66, GS 97, GS 105, GS 108A, GS 114, GS 115C, GS 115D, GS 120, GS 122C, GS 126, GS 127A, GS 130A, GS 131E, GS 135, GS 143, GS 143B, GS 146, GS 147, GS 148, GS 150B, GS 153A, GS 160A, GS 162, GS 163A, GS 164 |
Amends GS Chapter 93A to modify continuing education requirements for real estate brokers by (1) making minor changes to GS 93A-4; (2) repealing GS 93A-4.1 and moving that language with minor changes to GS Chapter 93A, Article 3 (previously entitled Private Real Estate Schools, renamed to Private Real Estate Education Providers and Continuing Education Requirements) in newly enacted GS 93A-38.5; (3) amending the other existing statutes in Article 3; (4) repealing GS 93A-37; and (5) throughout Article 3, references to "schools" are changed to "education providers," and references to "license" or "licensing" are changed to "certifying" or "certification." More specific amendments are as follows.
Amends GS 93A-4 by replacing references to "school" with "real estate education provider" and reducing the required time for a provisional broker to complete postlicensing education from three years to 18 months.
Repeals GS 93A-4.1 (continuing education) and moves its language to newly enacted GS 93A-38.5, in GS Chapter 93A, Article 3, with two minor changes: (1) in subsection (a), clarifies that continuing education consists of no more than eight hours annually and (2) in subsection (d), reference to "approved course sponsor" is changed to "private real estate education provider."
Amends GS 93A-32 by changing the term private real estate school to education provider, the definition of which is expanded to include individuals. Expands definition to education providers who conduct continuing education in addition to prelicensing and postlicensing courses.
Amends GS 93A-33 by changing references to "issuing licenses" and "licensing to certifying or certification," changing "schools" to "education providers," and removing from the Commission's authority inspections of real estate schools.
Amends GS 93A-34(a) by removing references to "licenses" and replacing with "certification"; expands prohibition from operating as an education provider to any entity, and adds language whether live or in any online format. Amends GS 93A-34(b) by dividing its text between (b), regarding application for certification, and newly created subsection (b1), containing a list of items that must be included in applications for education providers who use methods other than distance learning. Changes language in (b) and (c) from "license" to "certification" and from "school location" to "education provider." Clarifies in subdivision (c)(5) that all of the enumerated information about the education provider must be contained in a published document accessible to students.
Amends GS 93A-35 and 93A-36 by changing references to "licenses" to "certification" and "schools" to "education provider." Repeals GS 93A-37.
Effective July 1, 2020.
| Intro. by Gunn. | GS 93A |
Part I.
Amends GS 90-181 by adding and defining the term impairment, for use in Article 11 (Veterinarians). Amends the grounds for disciplinary action under GS 90-187.8 so that one ground includes the impairment of an individual holding a license or registration when the impairment (now defined to include more causes of impairment than previously listed in the statute) interferes with that individual's ability to practice within the scope of the license or registration with reasonable skill and safety, and in a manner not harmful to the public or to animals under the individual's care.
Part II.
Amends GS 90-181, by amending the term person, as it is used in Article 11 (Veterinarians) to include entities. Amends GS 90-181.1, concerning facility names and levels of service, to refer to veterinary facilities instead of veterinary practice facilities. Amends GS 90-186, concerning the powers of the North Carolina Veterinary Medical Board (Board), to refer to veterinary facilities instead of veterinary practice facilities.
Amends GS 90-486 by adding that the Board may also (1) pursuant to administrative rule, establish all provisions and requirements for a veterinary facility permit, the issuance of which is required for any facility where veterinary medicine is practiced, except for those facilities exempted by law and (2) pursuant to administrative rule, establish all provisions and requirements for a supervising veterinarian for each veterinary facility maintaining a valid veterinary facility permit.
Amends GS 90-187.10 by removing the current provisions and instead prohibiting engaging in veterinary medicine without a veterinary license and prohibiting owning a veterinary facility without a veterinary facility permit.
Repeals GS 90-187.11, which allowed conducting a veterinary medical practice as a sole proprietorship, by a partnership, or by a duly registered professional corporation, and required all partners to be licensed.
Amends GS 90-187.12, which makes it a Class 1 misdemeanor to take the prohibited actions by no longer making each act of the unlawful practice a distinct and separate offense. Makes additional clarifying changes.
The act applies to permits and licenses granted on or after October 1, 2019, unless otherwise indicated.
| Intro. by Rabon. | GS 90 |
Part I.
Amends GS 115C-112.5 by amending the eligibility requirements for the Children with Disabilities Scholarship Grant Program, by extending eligibility to children who do not meet the age-related requirements for entry into kindergarten but who are at least four years old and deemed by a nonpublic school to have the maturity to justify admission into the school (provided that other eligibility requirements are met). Deletes the requirement that the child have met at least one of the following: been enrolled in a NC public school or DOD school located in the state during the spring semester before the school year for which the student is applying, received special education or related services through the state public schools as a preschooler with a disability during the spring semester before the school year for which the student is applying, received a scholarship for the prior school year, was identified as a child with a disability before the end of the year of initial enrollment in kindergarten or first grade, had a parent or legal guardian on full time status in the active uniformed services of the US, have been domiciled in the state for at least six months, was in foster care, adoption decree had been entered no more than one year before application submission, was enrolled in a nonpublic school during the spring semester of the prior year and was enrolled for the entire school year immediately prior to the school year in which the student was enrolled in a state public school or DOD school located in the state. Makes conforming deletions in GS 115C-112.6 and GS 115C-112.8.
Part II.
Amends the eligibility for the Scholarship Grant Program in GS 115C-562.1 to extend eligibility to children who do not meet the age-related requirements for entry into kindergarten but who are at least four years old and deemed by a nonpublic school to have the maturity to justify admission into the school (provided that other eligibility requirements are met). Additionally amends eligibility criteria to require that the student reside in a household with an income level not in excess of 150% (was, 133%) of the amount required for the student to qualify for the federal free or reduced-price lunch program.
Amends GS 115C-562.2 by deleting the limit on the amount that could be used to award scholarships to eligible students entering kindergarten or first grade to 40% of the funds that remained after grants were made to prioritized classes of students.
Part III.
Amends GS 115C-591 to extend eligibility for personal education savings accounts to children who do not meet the age-related requirements for entry into kindergarten but who are at least four years old and deemed by a nonpublic school to have the maturity to justify admission into the school (provided that other eligibility requirements are met).
Part IV.
Applies beginning with the award of scholarship funds for 2020-21.
| Intro. by Ballard, Clark, Johnson. | GS 115C |
Authorizes the Department of Natural and Cultural Resources to add the Northern Peaks State Trail (the proposed trail connecting Rivers Park in downtown Boone to the Mount Jefferson State Natural Area) to the State Parks System as a State trail. Requires the Department to support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. Provides that the requirement that additions be accompanied by adequate appropriations does not apply to this authorization but allows the State to receive donations of land and allows the purchase of other needed land with 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.
| Intro. by Ballard. | UNCODIFIED |
Amends GS 115C-499.1 (college scholarships, definitions) by adding new subdivision (2a) defining Comprehensive Transition Program (CTP) as a higher education program for students with intellectual disabilities approved by the U.S. Department of Education pursuant to the Higher Education Opportunity Act of 2008, 20 U.S.C. sections 1140f-1140i.
Amends GS 115C-499.2 (eligibility requirements for a scholarship) by expanding eligibility to students seeking a course of study rather than a degree, diploma, or certificate, and adds reference to students enrolled in a CTP.
Amends GS 116-25.1 by changing the title to remove the semester limitation on eligibility for the University of North Carolina's (UNC) need-based financial aid grants and adding new subsection (c) creating eligibility for students enrolled in a CTP at an eligible postsecondary institution to receive a UNC need-based financial aid grant.
Effective July 1, 2019, and applies beginning with the 2020-21 academic year.
Requires the State Board of Education (Board) to revise its policy CCRE-001, Course for Credit, to allow dual credit allowances for high school students who are earning college credit through a Workforce Continuing Education Pathway (WCEP) in the Career and College Promise Program to also receive high school course credit for those courses. Prohibits limiting the allowance of high school course credit to curriculum programs only in its policy. Requires entering into an articulation agreement with the State Board of Community Colleges to ensure acceptance of equivalency credit for high school courses with WCEP courses.
Requires the Board to also allow college and university courses of one and two credit hours to receive high school dual credit.
Requires the Board within 90 days of the date this act becomes law, to revise its policy, as required by this act, to be effective beginning with the 2020-21 school year. Requires a report by February 15, 2020, to the Joint Legislative Education Oversight Committee on the revision of its policy and the articulation agreement.
| Intro. by Ballard. | UNCODIFIED |
Amends GS 115C-84.2, concerning the opening and closing dates of public schools, to set the opening date as August 16 and the closing date as June 1 (with contingencies for when those dates fall on the weekend). Upon good cause shown, allows local boards of education to set an opening date of August 9 (with contingencies for when that date falls on the weekend). Applies beginning with the 2019-20 school year.
| Intro. by Ballard. | GS 115C |
Amends GS Chapter 15A, Article 5 (expunction of records) by enacting new GS 15A-145.8 allowing expunction of records for offenders between the age of 16 and 18 at the time of conviction of certain misdemeanors and Class H and I felonies. Describes procedure for filing a petition for expunction after completion of sentence, period of probation, and payment of any restitution ordered. Requires a court, after a hearing and upon finding certain facts, to restore the petitioner to their pre-conviction status. Allows for expunction of multiple convictions. Excludes expunction eligibility for impaired driving offenses as well as any offenses requiring sex offender registration. Describes effect of expungement as allowing a successful petitioner to not be held liable for perjury or giving a false statement for failing to recite or acknowledge the existence of the related arrest, indictment, or trial. Requires a court to order expunction from law enforcement and state agencies identified by the petitioner as having a record of the conviction(s). Prohibits collection of a fee for the filing of a petition under this section and precludes a petitioner from having to pay costs of expunction. Effective December 1, 2019, and applies to offenses committed between July 1, 2017, and November 30, 2019.
Amends GS 15A-151.5 (prosecutor access to expunged files), subsection (a), by adding new subdivision (7a) listing expunction of records pursuant to GS 15A-145.8 in the list of expunction statutes under which the Administrative Office of the Courts must maintain files for prosecutor access. Effective December 1, 2019.
| Intro. by Nickel, McKissick, Britt. | GS 15A |
Amends GS 116-143.1. to allow a person who meets all of the following to be given resident tuition status at a UNC constituent institution or community college: (1) the person received a high school diploma from a secondary school or high school or received a high school equivalency diploma within the state, (2) the person attended state schools at least two consecutive years immediately prior to completing high school, (3) the person is a beneficiary of the federal Deferred Action for Childhood Arrivals (DACA) initiative and provides related documentation, and (4) the person satisfies the admission standards for the constituent institution or community college and has secured admission and enrolled as a student at the constituent institution or community college. Makes application information confidential and not a public record. Effective July 1, 2019, and applies beginning with the 2019-20 academic year.
| Intro. by Nickel, Waddell, Chaudhuri. | GS 116 |
Amends GS 20-130.1 as the title indicates; requires the vehicle used by the member of Congress to have a special US Representative or US Senator registration plate.
| Intro. by McKissick, Britt. | GS 20 |
Amends GS 132-1.4A, concerning law enforcement agency recordings, by adding and defining the terms citizens' review board and deceased person. Further amends the statute to separate out the allowable release of recordings for judicial purposes and for law enforcement purposes. Adds to the allowable law enforcement purposes the release, for investigative purposes, of a single or limited number of randomly selected still images, depicting a face or other identifying characteristic, extracted from a recording as needed to identify or locate a potential criminal suspect. Adds a new local government category of purposes for which a custodial law enforcement agency may disclose a recording, allowing disclosure: (1) to the municipal manager or county manager, upon request and subject to a confidentiality agreement; (2) to the municipal council or board of county commissioners in closed session, upon the recommendation of the manager, subject to majority vote and with each viewing member having signed a confidentiality agreement; and (3) to a citizens' review board in a closed session with each member having signed a confidentiality agreement.
Makes conforming changes to GS 143-318.11 to allow a public body to have a closed session when it is required to view a recording regulated under GS 132-1.4A (was, a recording released under GS 132-1.4A).
Adds electronic standup scooter to the defined terms in GS 20-4.01. Excludes electronic standup scooters from the defined terms motor vehicle and moped (passenger vehicle), but deems an electronic standup scooter a vehicle for purposes of GS Chapter 20 that are applicable to a driver of a vehicle. Makes organizational changes.
Amends GS 20-51, exempting electronic standup scooters from the requirement of registration and certificate of title.
Excludes electronic standup scooters from the term motor vehicle as used in GS Chapter 58 (Insurance).
Enacts Part 11D of Article 3, GS Chapter 20. Makes electric standup scooters subject to all provisions of GS Chapter 20 that apply to bicycles and makes operators subject the rights and duties of a bicycle rider. Allows scooters to be parked on a sidewalk, requires that they be equipped with a brake and lamps, and prohibits operation of a scooter at more than 15 miles per hour. Must be 16 or older to operate a scooter. Allows a local authority to to regulate the operation of scooters by (1) restricting the maximum operating speed in pedestrian zones and (2) assessing penalties against operators for moving or parking violations, which must not exceed those against bicycle riders for equivalent violations. Allows local authorities to regulate scooter-share programs in the following ways: (1) requiring operators to pay fees, not to exceed reasonable costs to local authorities of administering the programs; (2) requiring operators to indemnify the local authority for claims, demands, costs, and losses or damages arising out of any negligent act, error, omission, or willful misconduct by the operator or its officers or employees; (3) designating locations where operators are prohibited from staging shared scooters, provided at least one location is on each side of each city block in commercial zones and business districts. Defines scooter-share operator as a person offering shared scooters for hire and requires the operator to carry insurance coverage in the specified amounts according to insurance type.
Allows a local authority to require a scooter-share operator to provide trip data for all trips starting or ending within the local authority's jurisdiction; sets out requirements governing such data, including privacy provisions.
Prohibits local authorities from imposing any unduly restrictive requirement on a scooter-share program.
| Intro. by McKissick, Newton. | GS 20 |
Directs the State Board of Education (BOE) to eliminate the use of the NC Final Exam, used as part of statewide testing to assess teacher performance, and prohibits the exam's use for any other purpose. Requires the BOE and Department of Public Instruction (DPI) to submit no later than March 15, 2020, to the Joint Legislative Education Oversight Committee (JLEOC) a plan on how to use other means to accomplish the purposes for which data is collected by the Final Exam.
Amends GS 115C-174.12 by adding new subsection (d1) directing local boards of education in even-numbered years to review local standardized testing in order to determine the number of tests administered to students and the number of hours required to complete the tests. If the number of tests or hours exceeds the State combined average for the prior two-year period, the local board of education must submit to DPI and BOE by October 1 of that year a plan to eliminate some testing to reduce the number of tests or hours below the State average.
Amends subsection (e) by requiring the BOE to include in its annual report to the JLEOC a summary of any local plans pursuant to subsection (d1). Amends subsection (e1) (directing DPI to publish information online) by creating new subdivisions (1), with existing text reqarding a uniform calendar with State-required testing and reporting results of tests and (2) adding a new requirement for the publication of local standardized testing information as detailed in this subsection.
Requires DPI to examine the End-of-Grade English Language Arts assessment administered in the third grade as compared to the Read to Achieve alternative assessment to determine whether the former should be modified to better meet the goals of the latter (as set forth in GS Chapter 115C, Article 8, Part 1A). Directs DPI to make modifications and to report to the JLEOC no later than March 15, 2020, on its work in this area.
The statutory amendments apply beginning with the 2020-21 school year; the remainder of this act is effective upon becoming law.
| Intro. by Tillman, Ballard, Sawyer. | GS 115C |
Amends GS 20-54 to expand the grounds for which the Division of Motor Vehicles can refuse registration or issuance of a certificate of title, or any transfer of registration, to include unpaid county or municipal taxes and fees due on the vehicle, and registration of the owner's vehicle is blocked under GS 110-142.2 as a sanction for failure to comply with a child support enforcement order or other order. Adds a new requirement for the DMV's records to state the amount required to clear the title or registration stop on a vehicle, stopped for unpaid fees or penalties imposed by, or debt owed to, the Department of Transportation. Allows the owner to clear the stop by paying the required amount to the DMV or to a commission contractor. Authorizes the DMV to require payment in cash or debit card. Applicable to vehicle title and registration stops imposed by laws enacted on or after January 1, 2018, stops due to failure to pay an amount due to any entity for any reason is not effective until the DMV vehicle records state the amount that must be paid to clear the stop. Repeals GS 20-50.4, Division to refuse to register vehicles on which county and municipal taxes and fees are not paid and when there is a failure to meet court-ordered child support obligations (which does not require the amount due to clear a stop be reflected on vehicle records). Effective October 1, 2019.
| Intro. by Tillman. | GS 20 |
Amends GS 20-63 concerning the amount of compensation payable by the Division of Motor Vehicles (DMV) to a commission contractor by adding that the standard transaction rate is $2. Provides that the collection of the highway use tax and the removal of a registration stop (was, inspection stop) are considered a separate transaction compensated at three-fourth of the standard rate (was, compensation of $1.30). Adds that the collection of a civil penalty imposed under GS 20-311 for a lapse in financial responsibility is a separate transaction and sets compensation at two times the standard transaction rate. Further amends the statute by providing that the specified items that were to be considered as a single transaction when performed at the same time, is to be compensated at the standard transaction rate (was, $1.46) and amends that list of transactions to include the receipt of the restoration fee imposed for registering a vehicle after a lapse in financial responsibility (previously referred to the receipt of the civil penalty or restoration fee).
Enacts new GS 20-63.03 to require the DMV to include, when it advertises the methods by which a vehicle owner may title or register a vehicle, the option to do so at the office of a commission contractor. Prohibits the advertising from encouraging one method over another or implying that going to the office of a commission contractor is a less desirable option.
Effective October 1, 2019.
| Intro. by Tillman. | GS 20 |
Overall purpose. Limits who can assist certain voters with absentee ballots by removing near relatives and verifiable legal guardians from multiple statutes that reference persons authorized to file an absentee ballot on behalf of a voter. Authorizes instead a person working with a multipartisan team, defined as a team authorized and trained by a county board of elections to assist voters with absentee ballots, to file an absentee ballot on behalf of a voter. Moves definition of near relative from GS 163A-1308(h) to GS 163A-1317(c). Specific amendments are as follows.
Repeals GS 163A-1295(e) (which had allowed a verifiable legal guardian, defined as an individual appointed guardian under GS Chapter 35A, to vote an absentee ballot).
Amends GS 163A-1298 (certain acts declared felonies) by making it a felony for anyone except for a member of a multipartisan team to assist a voter with absentee voting (previously, a voter could be assisted by a near relative or guardian, or request someone else if neither of those was available). Makes it a felony for anyone assisting a voter who is a patient in a hospital or similar facility, other than a member of a multipartisan team, to request an absentee ballot or to sign an application or certificate as a witness. If a member of a multipartisan team is not available to provide assistance, voters are directed to contact the county board of elections for assistance. Adds new subsection (a1) defining multipartisan team, previously included in subdivision (a)(4).
Amends GS 163A-1306 (Register of absentee requests, applications and ballots issued) by removing references to near relative and verifiable legal guardian and requiring voters whose address in a request for an absentee ballot differs from the residence address to provide the temporary address so the county board of elections can verify it.
Amends GS 163A-1308 by replacing references to a "voter's near relative or verifiable legal guardian" with "member of a multipartisan team." Removes subsection (h) (defining near relative as a spouse, sibling, parent, grandparent, child, grandchild, parent-in-law, son-in-law, daughter-in-law, stepparent or stepchild).
Amends GS 163A-1309(a) by replacing references to a "voter's near relative or verifiable legal guardian" with reference to a "member of a multipartisan team assisting the voter." Requires a request for an absentee ballot to include verification of the voter's address by the county board of elections, and allows the signature requirement to be fulfilled by a member of the multipartisan team if the request is on behalf of the requesting voter.
Amends GS 163A-1310(b)(1) by changing reference to "voter's near relative or verifiable legal guardian" to "member of the multipartisan team providing assistance."
Amends GS 163A-1317(c) by removing reference to GS 163A-1308(h), and directly adding the definition of near relative that was previously stated in GS 163A-1308(h).
Directs the State Board of Elections and county boards of elections to take any steps necessary to comply with this act, including establishing policies and procedures and updating information and forms online.
Effective January 1, 2020, and applies to elections held on or after that date.
| Intro. by Bishop, Daniel, Hise. | GS 163A |
Amends GS 143B-1373 to allow cities and counties to receive grants from the Growing Rural Economies with Access to Technology Fund. Allows cities and counties to use the funds to partner with a private provider of broadband services.
| Intro. by deViere, Woodard, Foushee. | GS 143B |
Enacts new Article 2B, Day Laborer Protection Act, in GS Chapter 95, providing as follows.
Defines day labor as work performed by a day laborer at a third-party client, the duration of which may be specific or undefined, pursuant to a contract or understanding between the day labor agency and the third-party client (excludes labor or employment of a professional or clerical nature).
Requires that when a day labor agency agrees to send a person to work as day laborers that the agency provide the laborer a statement containing: the day laborer's name; the name and nature of the work to be performed and the types of equipment, protective clothing, and training that are required; the wages offered; the name and address of the destination; terms of transportation, and whether a meal or equipment, or both, are provided, either by the day labor agency or the third-party client; and the cost of the meal and equipment, if any.
Requires that day labor agencies keep records of the specified information when it sends one or more persons to work as day laborers; records must be kept for three years and are open to inspection by the Department of Labor (Department) during normal business hours. Specifies record information that is to be available for review or copying by the day laborer.
Prohibits a day labor agency or third-party client from charging a day laborer for any meal not consumed by the laborer, and if consumed prohibits charging more than the cost of the meal. Prohibits a day labor agency or a third-party client or a contractor or agent of either from charging a fee to transport a day laborer to or from the work site. Allows the day laborer agency or third-party client to charge the day laborer the market value of any required safety equipment if it is not returned by the laborer. Prohibits charging more than the actual market value for any other equipment, clothing, accessories, or other items made available for purchase.
Requires a day labor agency to provide a day laborer, at the time of payment of wages, with a detailed itemized statement that lists the six categories of information. Requires providing an annual earnings summary. Prohibits using vouchers or any other method of payment that is not generally negotiable. Prohibits a day labor agency from charging a day laborer for cashing a check issued by the agency for wages earned by a day laborer who performed work through that agency. Also prohibits charging for conducting any consumer report, any criminal background check of any kind, or any drug test of any kind.
Requires that day laborers be paid no less than the wage rate established by GS 95-25.3. Prohibits the amount deducted for meals and equipment from causing a day laborer's hourly wage to fall below the State or federal minimum wage.
Requires that a day laborer contracted by a day labor agency to work at a third-party client's work site who is not used by the third-party client to be paid for at least four hours of pay at the agreed-upon rate.
Requires the Department to review a complaint filed by a licensed day labor agency. The Department shall review the payroll and accounting records of the day labor agency and the third-party client for the period in which the violation of this Article is alleged to have occurred to determine if wages and payroll taxes have been paid to the agency and that the day laborer has been paid the wages owed him or her.
Requires adequate seating in the day labor agency's public access areas, which is where required notices must be posted; also requires access to restrooms and water.
Prohibits a day labor agency from restricting the right of a day laborer to accept a permanent position with a third-party client to whom the day laborer has been referred for work or restrict the right of such third-party client to offer such employment to a day laborer.
Requires day labor agencies that are located, operate, or transact business within the state to register with the Department. Requires the list of agencies to be included on the Department's website, along with any actions taken against those agencies. Sets out additional requirements to be eligible for registration. Requires posting notices on how to file wage dispute complaints and other alleged violations.
Provides for administration and enforcement of the new Article.
Creates private rights of action for a person aggrieved by a violation of this Article or any rule adopted under this Article by a day labor agency or a third-party client or a day labor agency aggrieved by a violation of this Article or any rule adopted under this Article by a third-party client. Allows a day laborer whose rights have been violated under this Article by a day labor agency or a third-party client or a day labor agency whose rights have been violated under this Article by a third-party client to collect the specified types of compensation. Sets the statute of limitations. Provides for attorneys' fees in specified circumstances.
Includes a severability clause.
Amends GS 95-241 to prohibit retaliating against an employee for filing a claim or complaint under the new Article 2B.
Effective January 1, 2020.
| Intro. by deViere, Van Duyn, Waddell. | GS 95 |
Includes whereas clauses.
Appropriates from the General Fund to the North Carolina Housing Trust Fund (Trust Fund) $30 million in nonrecurring funds for 2019-20 to be used in accordance with the purposes provided in GS Chapter 122E.
Amends GS 161-11.5 by requiring that 1.5% of the funds remitted to the county finance officer by the register from the fees for the filing of instruments in general and for filing deeds of trust, mortgages, and cancellation of those documents, to be credited to the North Carolina Housing Trust Fund (makes a 1.5% reduction in the amount that is to be transferred to the General Fund).
Amends GS 122E-3 by adding the requirement that the Office of State Controller transfer to the Trust Fund an amount equal to 10% of the General Fund unreserved fund balance at the end of each fiscal year.
Amends GS 105-228.30 to require that 33% of the funds remitted from the excise tax on each instrument by which any interest in real property is conveyed to another person be credited to the Trust Fund, with the remainder credited to the General Fund.
Effective July 1, 2019.
Appropriates from the General Fund to the Department of Public Safety, State Highway Patrol Division, $8.3 million for 2019-20 and $8.3 million for 2020-21 to increase the annual compensation for members of the State Highway Patrol. Requires the raises to be made according to the specified pay schedule. Effective July 1, 2019.
Amends GS 143-166.3 by increasing the amount of the death benefit to be paid when a law enforcement officer is killed in the line of duty from $100,000 to $1 million. Appropriates from the General Fund to the Department of State Treasurer $18 million in recurring funds for 2019-20 and $18 million in recurring funds for 2020-21 to pay these benefits. Effective July 1, 2019.
Amends GS 15A-2001 by adding that if a defendant enters a guilty plea to first degree murder in a case involving the murder of a law enforcement officer, employee of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, jailer, firefighter, judge or justice, former judge or justice, prosecutor or former prosecutor, juror or former juror, or witness or former witness against the defendant, while engaged in the performance of the person's official duties or because of the exercise of the person's official duty, the State must not agree to accept a sentence of life imprisonment and requires the jury to make a recommendation as to the appropriate sentence. Makes conforming changes. Effective December 1, 2019.
Includes a severability clause.
Part I.
Amends GS 58-79-1 to authorize the Commissioner of Insurance (was, the Director of the State Bureau of Investigation) to investigate fires, through the specified entities. Amends GS 58-79-5 to make it the duty of the Commissioner of Insurance through the Office of State Fire Marshal, in addition to the Director of the State Bureau of Investigation, to examine the cause, circumstances, and origin of all fires in the state to which the Commissioner's attention has been called. Gives the Commissioner of Insurance, through the office of the State Firm Marshal, in addition to the Director of the State Bureau of Investigation, the power of trial justice to summon and compel the attendance of witnesses to testify in relation to any manner that is the subject of inquiry and investigation, and to administer oaths and affirmations to the witnesses. Makes conforming changes to the statute and to GS 58-79-15. Amends GS 58-79-40 to require insurance companies investigating a fire loss of real or personal property to release any information related to the loss when requested by the Office of the State Fire Marshal (in addition to the already specified entities). Makes additional conforming changes to these statutes. Effective October 1, 2019.
Part II.
Repeals GS 14-60, which made the burning of schoolhouses or buildings of educational institutions a Class F felony.
Enacts new GS 14-62.3 to provide the penalties for wantonly and willfully setting fire to or burning or aiding, counseling, or procuring the burning of any commercial structure, defined as any building or structure that is not designed principally for residential purposes. Violations are a Class D felony if the structure was occupied at the time of the burning and a Class E felony if the structure was unoccupied at the time of the burning.
Amends the following statutes to provide for the punishment stated in the statue unless the conduct is covered under some other provision of law that provides for greater punishment: GS 14-61 (burning of certain bridges and buildings), GS 14-62 (burning of certain buildings), GS 14-62.1 (burning of building or structure in process of construction), GS 14-62.2 (burning of churches and certain other religious buildings), and GS 14-64 (burning of commercial structure).
Part III.
Amends GS 14-69.3 by adding that a person is guilty of a Class I felony for committing a felony under Article 15 (Arson and other burnings) where a firefighter, law enforcement officer, fire investigator, or emergency medical technician suffers physical injury while discharging (or attempting to do so) their official duties on the property, or proximate to the property, that is the subject of the individual's discharge of their respective duties.
Part IV.
Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
The act is effective December 1, 2019, and applies to offenses committed on or after that date.
Amends GS 115C-64.25, which established the B-3 Interagency Council (Council) as a joint agency of the Department of Health and Human Services (DHHS) and the Department of Public Instruction (DPI). Increases membership of the Council from 12 to 20 voting members and maintains four nonvoting advisory members. Removes the qualification of one of each of the four public members appointed by the Speaker and the President Pro Tempore that required one member appointed by the Speaker to be a representative of Smart Start and one member appointed by the President Pro Tempore to be a representative of the NC Partnership for Children. Adds the following ex officio members to the Council to serve with the same rights and privileges, including voting rights, as other members: (1) the Director of the Division of Child Development and Early Education of DHHS or his or her designee, (2) the Director of the Office of Early Learning of DPI or his or her designee, (3) the President of the NC Partnership for Children or his or her designee, (4) the Director of the Government Analytics Center of the Department of Information Technology or his or her designee, (5) the President of the NC Head Start Association or his or her designee, (6) the Director of the NC Head Start State Collaboration Office of DPI or his or her designee, (7) the Director the Academic Programs Section of the Community College System or his or her designee, and (8) the Program Coordinator for the NC B-K Higher Education Consortium or his or her designee. Applies to appointments for Council members on or after November 1, 2019.
| Intro. by Hise. | GS 115C |
Amend GS 162-62 to mandate administrators or another person in charge of a county jail, local confinement facility, district confinement facility, or satellite jail/work unit to make a query of Immigration and Customs Enforcement (ICE) of the US Department of Homeland Security when unable to determine if a prisoner who is charged with a felony or an impaired driving offense is a legal resident or citizen of the United States or its territories (previously mandated, but qualified with "where possible"). Adds a new requirement for an administrator or another person in charge of such a facility to hold a prisoner for 48 hours from the receipt of detainer, regardless of satisfaction of pretrial release conditions, if (1) in receipt of a detainer request from ICE and (2) the prisoner is charged with a crime under Article 6 (Homicide), Article 7B (Rape and Other Sex Offenses), Article 10A (Human Trafficking), or Article 13A (NC Gang Suppression Act) of GS Chapter 14. Allows for release within that period upon proof that the prisoner is a legal resident and satisfaction of all other pretrial release conditions imposed. Makes willful failure to make a query of ICE when required to do so or the willful failure to hold a prisoner for 48 hours when required to do so a Class 1 misdemeanor. Makes conforming changes.
Establishes an annual reporting requirement, beginning October 1, 2020, for every administrator or another person in charge of a subject facility to report on its compliance with GS 162-62, as amended, to the specified NCGA committee. Details seven components required of the reports, including the number of times an ICE detainer request was sent and the number of times a prisoner was held for the full 48 hours.
Amends GS 15A-534 concerning conditions for pretrial release, to require any direct or collateral circumstances that may increase the likelihood of the defendant failing to appear at a court proceeding or increase the difficulty in locating the defendant upon failure to appear at a court proceeding to be taken into account.
Applies to offenses committed on or after December 31, 2019.
Identical to H 574, filed 4/3/19.
Includes whereas clauses.
Part I.
Subject to approval by voters at the primary election in March 2020, makes the following changes to Article II of the NC Constitution.
Adds new Sec. 25 establishing the 15-member Citizens Redistricting Commission (Redistricting Commission) that will prepare and adopt plans for revisiting the districts and apportioning the members of districts for the House of Representatives of the US Congress and the Senate and House of Representatives of the General Assembly. Requires that plans be adopted by a vote of at least three members form each of the following: (1) the members affiliated with the political party having the highest number of registered affiliates; (2) the members affiliated with the political partying having the second highest number of registered affiliates; and (3) the members not affiliated with either of the two political parties having the highest number of registered affiliates. Sets out requirements for appointing members to the Redistricting Commission, which must consist of four persons affiliated with the political party with the highest number of registered affiliates and four affiliated with the political party with the second-highest number of affiliates, appointed by the specified NCGA leaders, and an additional five persons not affiliated with either of the two parties with the highest and second-highest number of registered affiliates, one person affiliated with the political party with the highest number of registered affiliates, and one person affiliated with the party with the second-highest number of registered affiliates, all selected by the six members who were appointed by legislative leadership. Term of office is four years. Prohibits the following from serving on the Redistricting Commission: (1) an individual, or their relative, who has been appointed to, elected to, or been a candidate for any elective public office; been appointed to a State board or commission; has served as an officer or executive committee member of a political party, or as an officer, paid employee, or paid consultant of a candidate's campaign committee, or has been a registered lobbyist; (2) an individual who is or has ever been an employee of the General Assembly or Congress, or is or has ever been a consultant or under contract with those entities; (3) an individual who has ever had a financial relationship with the Governor; or (4) an individual who has ever contributed more than $1,000 to any candidate for public office. Prohibits members of the Redistricting Commission, while serving, or within five years after service, from being appointed to a state board or commission; serving as an officer or executive committee member of a political party; or as an officer, paid employee, or paid consultant of a candidate's campaign committee; or registering as a lobbyist. Requires the Redistricting Commission, as soon as practicable after the return of the decennial census, to appoint a special master who will draw a final plan that the Redistricting Commission must adopt in the event that the Redistricting Commission is unable to adopt a plan. Requires dismissing members if they are unable to adopt a plan and select a special master.
The above provisions are effective January 1, 2020.
Makes conforming changes to Section 3 and Section 5, regarding the election of senators and representatives, and amends the requirements for districts to now require that they meet the following goals: (1) one person, one vote; (2) minimizing the number of split counties, municipalities, and other communities of interest; and (3) compactness. Effective beginning with the redistricting done upon the return of the 2020 decennial census.
If the constitutional amendments are approved, then effective January 1, 2020, enacts Article 1B, Redistricting, in GS Chapter 120, which provides as follows. Sets out definitions for terms used in the Article. Specifies the duties of the Redistricting Commission, which in addition to those discussed in the constitutional amendment above, include maintaining meeting notes, plans, and data used to develop the plans, and maintaining a website to disseminate information about the Redistricting Commission, which must allow the public to view meetings and hearings and submit plans and comments. Requires the position of chair to rotate every two months and sets out additional requirements for the rotation. Sets out requirements for staffing. Sets out requirements for recording information submitted to the Redistricting Commission, and requires adopting a procedure for members to document verbal conversations between members and individuals holding public office or declared candidates for public office, that includes a least the specified information.
Sets out redistricting standards related to district populations, district boundaries, contiguous territories, and compactness. Prohibits (1) drawing a district for the purpose of favoring a political party, incumbent legislator or member of Congress, or other person or group; (2) drawing a district for the purpose of augmenting or diluting the voting strength of a language or racial minority group; (3) making any use of political affiliations of registered voters; previous election results; demographic information, other than population head counts; or the location of incumbents' residences.
Sets out steps the Redistricting Commission must take in preparation for redistricting, including holding at least 21 public hearings throughout the state.
Sets out the process for adopting the legislative and congressional district plans, as discussed above in the constitutional changes, with plans to be adopted by April 1 of each year ending in one. Provides that if an adopted plan is held invalid, then a new district plan is to be adopted under the same process, modified as necessary to reflect the timing and nature of the holding.
Makes a conforming repeal of GS 120-133, which concerned the confidentiality of redistricting communications with legislative employees.
Part II.
Enacts new Article 28 to GS Chapter 163A, Nomination and Election of Appellate Justices and Judges, providing the following.
New GS 163A-1700 provides for the applicability of Article 28 to the nomination and election of justices of the Supreme Court and judges of the Court of Appeals (hereafter, justices and judges).
New GS 163A-1701 provides for a nonpartisan primary election method for the nomination of justices and judges when there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled when the filing period closes. Provides for the canvass of the primary and determination of nominations in the primary and election winners.
New GS 163A-1702 provides for the form for notice of candidacy, the withdrawal of candidacy, and the certification of the candidate as a registered voter. Requires justices and judges to file their notices of candidacy with the State Board no earlier than noon on the second Monday in February and no later than noon on the last business day in February preceding the election. Prohibits any person from filing a notice of candidacy for more than one office or group of offices governed by Article 28 or GS 163A-974, including Governor, Lieutenant Governor, all State executive officers, superior and district court judges, US Congress members, and district attorneys. Requires designation of candidacy at the time of filing when there are two or more vacancies for the office of justice or judge.
New GS 163A-1703 establishes a filing fee of 1% of the annual salary of the office sought. Provides for fee refunds for the withdrawal of candidacy or upon death of the candidate, as specified.
New GS 163A-1704 provides for the filing of a written petition in lieu of payment of the filing fee, as specified.
New GS 163A-1705 provides for the certification of notices of candidacy by the State Board and subsequent notification of local boards of elections.
New GS 163A-1706 authorizes the State Board to extend the filing period for five days for any offices for which candidates have not filed that are to be filled under Article 28. Details the process to be followed when a candidate is disqualified or dies before the primary, a candidate is alive and fails to withdraw after close of filing, or a candidate dies, is qualified, or fails to qualify after the person is elected.
New GS 163A-1707 provides for elections to fill a vacancy in an office that is created after the primary filing period opens but more than 60 days before the general election. Provides that the State Board must designate a special filing period of one week for candidates for that office. Provides for a second primary election if two or more qualified candidates file and the vacancy occurs more than 63 days before the date of the second primary for members of the General Assembly, and a general election if two or more qualified candidates file and the vacancy occurs more than 64 days before the date of the second primary which must be held on the same day as the general election for members of the General Assembly.
New GS 163A-1708 permits any person who will become qualified by age or residence to register to vote in the general election for which the primary is held, even though not so qualified by the date of the primary, to register for the primary and general election prior to the primary and then to vote in the primary after being registered. Prohibits such persons from registering earlier than 60 days nor later than the last day for making application to register for primary elections pursuant to GS 163A-865(d) prior to the primary.
New GS 163A-1709 sets the primary date for the same date as established for primary elections under GS 163A-700(b), which provides for primaries to be on the Tuesday next after the first Monday in May preceding each general election to be held in November.
New GS 163A-1710 provides for the form of official ballots. Requires official ballots to be printed by the county board of elections, as specified. Provides requirements for the distribution of official ballots.
New GS 163A-1711 provides for counting ballots in primaries and elections to be in the same manner for nonpartisan municipal elections under Part 2 of Article 27 of GS Chapter 163A.
New GS 163A-1712 establishes that the conduct of elections are governed by Article 20 of GS Chapter 163A (Conduct of Primaries and Elections), except as provided by Article 28.
Makes conforming changes to GS 18C-112(e)(1), GS 163A-700(b), GS 163A-743, GS 163A-873, GS 163A-974(a), GS 163A-975, GS 163A-979(a), GS 163A-980(b), GS 163A-984(c)(1), and makes a technical change to GS 163A-1114.
Amends GS 163A-1005 to exempt elections under new Article 28 of GS Chapter 163A from the provisions for unaffiliated candidates nominated by petition. Amends GS 163A-1006 to exempt nonpartisan elections, except for elections under new Article 28 of GS Chapter 163A, from the statute's provisions concerning declaration of intent and petitions for write-in candidates in partisan elections.
Effective January 1, 2020, and applies to elections held on or after that date.
Part III.
Amends GS 163A-308, extending the amount of time that a former legislator must wait before registering as a lobbyist to two years. Previously the waiting period was either the close of session or six months after leaving office, whichever was later. Extends the amount of time a public servant or former public servant must wait before registering as a lobbyist to two years after leaving office or end of employment (was, six months). Extends the amount of time an employee of any State agency must wait before registering to lobby the State agency that previously employed them to two years (was, six months).
Effective October 1, 2019.
Part IV.
Amends GS 163A-864 by adding the requirement that the State Board of Elections make the voter registration application forms available for completion and submission on a secure website.
Enacts new GS 163A-864.1 allowing an individual to register to vote or change voter registration online if the individual: (1) is eligible to register to vote and (2) possess a current and valid North Carolina driver's license (including a learner's permit or provisional license) or a special identification card for nonoperators. Requires the State Board to establish a secure website for the completion and submission of voter registration applications. Specifies information that the website must allow an individual to submit, including information to establish eligibility and the individual's email address. Requires the county board of elections, upon receipt of an online application, to verify specified applicant information. Requires the Division of Motor Vehicles (DMV) to transfer the applicant's digital signature in the DMV records to the State Board if the State Board verifies the driver's license or Social Security number. Requires the State Board to notify the applicant if the State Board cannot verify the driver's license or Social Security number.
Amends GS 163A-871 to add specified identifying information submitted during the online voter registration application process to the information that is confidential.
Effective December 1, 2019.
Part V.
Amends GS 163A-862 and GS 163A-865 authorizing county boards of elections to accept automatic voter registration.
Amends GS 163A-883 to require, beginning January 1, 2020, the Division of Motor Vehicles, in consultation with the State Board of Elections, to develop and implement a method by which eligible individuals shall be automatically registered to vote. Requires DMV officials taking driver's license applications to affirmatively inquire whether the applicant wishes to register to vote or update their registration, note the applicant's response, and register the applicant to vote if the applicant wishes. The applicant must attest to the information provided for voter registration. Confidentiality of voter information must be maintained by the State Board of Elections.
The above provisions are effective January 1, 2020.
Amends GS 163A-884 to require, beginning January 1, 2021, voter registration agencies (which include state offices that accept applications for public assistance, services for persons with disabilities, and unemployment benefits) to provide, in consultation with the State Board of Elections, an application process for automatic voter registration with each recertification, renewal, or change of address relating to the service or assistance of the agency. Specifies certain procedural requirements substantially similar to those provided for in GS 163A-883, as amended. Does not require an agency to provide automatic voter registration to a person with disability at the person's home. Requires electronic transmittal of applications to the appropriate board of elections.
Amends GS 163A-885 to authorize automatic voter registration at the time of restoration of citizenship, effective January 1, 2020. Further amends the statute to authorize online voter registration at the time of restoration of citizenship, effective January 1, 2021.
Amends GS 115D-5 and GS 116-11 to require, beginning January 1, 2021, the State Board of Community Colleges and the UNC Board of Governors, in consultation with the State Board of Elections, to provide each person enrolled and registering for courses as a student at a State community college or a State college or university in the UNC System the option for automatic voter registration. Specifies certain procedural requirements substantially similar to those provided for in GS 163A-883 and GS 163A-844, as amended. Provides that applications to register accepted by a State community college or constituent institution of UNC entitles a registrant to vote in any primary, general or special election unless the registrant made application later than the 25th calendar day immediately preceding the election; permits continuing acceptance of applications during that period.
The above provisions are effective January 1, 2021.
Requires the State Board of Elections to develop education and outreach programs to inform voters of automatic registration procedures established by the act.
Part VI.
Adds new Part 4, Fair Elections Program, to Article 23 of GS Chapter 163A.
Establishes the Fair Elections Fund (Fund) as a separate, nonreverting account in the General Fund, administered by the State Treasurer. Requires investment earnings credited to the assets of the Fund to become part of the assets of the Fund.
Establishes the Fair Elections Program (Program) under which the candidate campaign committee of a candidate for nomination or election to office in this state may receive a grant from the Fund for the candidate's primary campaign or general election campaign. The Part defines primary campaign as the period beginning on the day following the close of the filing period under GS 163A-974 and ending on the day of a primary held for the purpose of nominating a candidate for such office. General election campaign is defined as, in the case of a candidate nominated at a primary, the period beginning on the day following the primary and ending on the date the treasurer files the final statement for the campaign or, in the case of a candidate nominated without a primary, the period beginning on the day following the day on which the candidate is nominated and ending on the date the treasurer files the final statement for the campaign.
Provides that a candidate campaign committee is eligible to receive grants for a primary campaign and a general election campaign if each of the five specified conditions are met, including that the candidate agrees to limit the campaign expenditures of the candidate’s candidate campaign committee in accordance with new GS 163A-1510.3(c). Under (c), a candidate in the Program is required to limit the expenditures of the candidate’s candidate campaign committee before a primary campaign and a general election campaign to the amount of qualifying contributions allowed under Part 4 and any personal funds provided by the candidate. For a primary, campaign expenditures are limited to the sum of (1) the amount of qualifying contributions and personal funds that have not been spent before the primary campaign and (2) the amount of the grant for the primary campaign. For a general election campaign, limits expenditures to the sum of (1) the amount of qualifying contributions and personal funds that have not been spent before the general election campaign, (2) any unexpended funds from any grant for a primary campaign, and (3) the amount of the grant for the general election campaign.
Requires each candidate for nomination or election to State executive office or State legislative office in the state to file an affidavit with the Bipartisan State Board of Elections and Ethics Enforcement (State Board) certifying in writing whether or not the candidate intends to abide by the expenditure limits. If the candidate intends to abide by the limits, the affidavit must also include additional specified written certifications concerning funding from the Fund. Sets out further requirements for filing the affidavit. Provides that a candidate who does not intend to participate in the Program and certifies as such is not required to file the affidavit. Candidates who do not file the affidavit as well as those who certify their intent not to abide by the limits are referred to as nonparticipating candidates and those who certify the candidate’s intent to abide by the expenditure limits are referred to as participating candidates. Requires the State Board to prepare a list of participating and nonparticipating candidates, which is to be available for public inspection.
Provides a procedure under which a participating candidate may withdraw from the Program.
Sets out the amount of qualifying contributions the candidate campaign committee of a candidate is required to receive in order to be eligible for grants from the Fund with the required amount set according to the office being sought. Sets out the following additional requirements applicable to candidates making qualifying contributions: (1) the candidate campaign committee must return the portion of any contribution from any individual, including the candidate, that exceeds $100 and any excess portion is not considered in calculating the aggregate contribution amounts; (2) regarding contributions from individuals residing in municipalities in the candidate's district (for candidates for State Senator or Representative), no contribution will be counted unless the contribution is at least $5; (3) all contributions received by an exploratory committee established by the candidate that meet the criteria for qualifying contributions to candidate campaign committees must be considered in calculating the aggregate amounts.
Requires each individual contributing more than $50 to a candidate campaign committee established to aid or promote the success of a participating candidate for nomination or election to also include a certification containing the same information required by GS 163A-1422(a)(1). Sets out three types of contributions that are not deemed to be qualifying contributions that must be returned to the contributor or transmitted to the State Board to be deposited in the Fund. Requires that any additional contributions received after a candidate campaign committee receives the applicable aggregate amount of qualifying contributions to be transmitted to the State Treasurer to be deposited in the Fund.
Sets the grant amounts from the Fund as follows: (1) for candidates for Governor, $1.25 million for a primary and $10 million for a general election; (2) for candidates for State executive office other than Governor, $375,000 for a primary and $1 million for a general election; (3) for candidates for State Senator, $35,000 for a primary and $85,000 for a general election; (4) for candidate for State Representative, $14,000 for a primary and $34,000 for a general election. Sets out additional provisions governing the grant amount in the case of special elections, failure to expend the entire grant for the primary campaign, and lack of opponent in the general election. Sets out amounts of grant funds available to third-party candidate and petitioning candidates.
Sets out the process for applying for a grant from the Fund.
Prohibits depositing any contribution, loan, or the candidate's own moneys or any other moneys received by the candidate or the treasurer on behalf of the candidate campaign committee into the depository account after the initial deposit of moneys from the Fund into the qualified candidate campaign committee’s depository account.
Provides that a qualified candidate campaign committee that received moneys from the Fund for a primary campaign and whose candidate is the party nominee will receive a grant for a general election campaign; sets out the process and timing of that payment.
Allows the candidate campaign committee for a candidate intending to participate in the Program to borrow moneys on behalf of a campaign for a primary or a general election in an aggregate amount not to exceed $1,000. Prohibits an individual or political committee, except the candidate or, in a general election, the State executive committee of a political party, from endorsing or guaranteeing a loan in an aggregate amount in excess of $500. Requires all loans to be repaid in full before the date the candidate campaign committee applies for a grant; a candidate who fails to repay any loans or to certify the repayment of any loans to the State Board will not receive grants from the Fund. Allows candidates intending to participate in the Program to provide personal funds for the candidate's campaign for nomination or election, not to exceed the following: (1) for a candidate for Governor, $20,000; (2) for a candidate for State executive office other than the Governor, $10,000; (3) for a candidate for State Senator, $2,000; and (4) for a candidate for State Representative, $1,000.
Sets out penalties and repayment when an expenditure is made or incurred in excess of applicable expenditure limits by a qualified candidate campaign committee that received a grant.
Sets out procedures for filing required weekly supplemental campaign finance statements, and filing a declaration of excess expenditures when a participating candidate campaign committee makes expenditures or incurs an obligation to make expenditures that exceeds 100% of the applicable expenditure limits. Sets out penalties for failure to file the required statement or declaration.
Requires the State Board to give each participating candidate a copy of the voter registration list for the state or applicable district.
Prohibits a local committee, legislative caucus committee, or legislative leadership committee from making an organization expenditure for the benefit of a participating candidate or the candidate campaign committee of a participating candidate for the office of State Senator in an amount exceeding $10,000 for a general election campaign or for the office of State Representative in an amount exceeding $3,500 for a general election campaign; prohibits making an organization expenditure for State legislative office for a primary campaign.
Requires the State Board to compile and analyze the five categories of information and report its analysis biennially, along with any recommendations for adjustments to the grant amounts, to the Joint Legislative Elections Oversight Committee.
Allows any person, business entity, organization, or political committee to contribute to the Fund.
Effective December 1, 2019, and applies to election grants sought on or after that date.
Part VII.
Amends GS 143-318.14A to specify that reasonable public notice (might intend to require adequate public notice, as defined below) of all commission, committee, and standing subcommittee meetings must be given to all General Assembly members; members of the commission, committee, or subcommittee; and to the Legislative Services Office (was, only that reasonable public notice must be given without specifying the recipient of the notice). Requires that the notice be posted on General Assembly’s website by the Legislative Services Office. Defines adequate public notice as written or electronic notice that is posted and mailed or e-mailed to those who requested notice at least 48 hours before the time of the meeting. Requires that the notice include the time, date, location, and to the extent known, the agenda of the meeting. Requires that the agenda for a noticed meeting be readily available for public inspection no less than 24 hours in advance of the time of the meeting and prohibits changing the agenda except for items of an emergency nature, after the notice has been made available to the public. Requires that commission, committee, or standing subcommittee members receive the text of all bills, proposed committee substitutes, and amendments that will be considered during the scheduled meeting no later than 24 hours in advance of the meeting. Prohibits considering or acting on a bill, proposed committee substitute, or amendment that has not been made available to the members as required.
Requires the Legislative Services Office to develop a plan to install equipment providing live video and audio in both chamber and all committee rooms. The plan must be submitted to the chairs of the Legislative Services Commission and the chairs of the Joint Legislative Oversight Committee on General Government by April 1, 2020.
Amends GS 50B-7 to provide that subsequent orders entered pursuant to GS Chapter 50 related to custody, child and spousal support, and possession of property and subsequent child support orders entered pursuant to GS Chapter 110 supercede like provisions in an order issued pursuant to GS Chapter 50B. Makes conforming changes to GS 50B-3. Effective October 1, 2019.
| Intro. by J. Jackson, Bishop. | GS 50B |
The Daily Bulletin: 2019-04-08
The Daily Bulletin: 2019-04-08
Actions on Bills: 2019-04-08
H 90: DPI/EC DIV. FEEDBACK/DIT STUDY/PED REPORT.
H 121: EXPUNCTION RELATED TO RTA/NO CONVICTION.
H 195: BOARD OF NURSING TECHNICAL CHANGES.-AB
H 243: STATE HUMAN RESOURCES ACT AMENDMENTS.-AB
H 250: DEPARTMENT OF HEALTH & HUMAN SVCS. REVISIONS.-AB
H 276: MODIFY LOW-PERFORMING SCHOOL DEFINITION.
H 340: AMEND APPT FOR COMPACT ON EDUCATION/MILITARY.
H 388: IMMUNIZING PHARMACISTS.
H 411: MODIFY SCHOOL QUAL./STUDENT SUCCESS INDICATOR.
H 415: PHOTOS OF JUVENILES/SHOW-UPS.
H 469: VARIOUS FAMILY LAW CHANGES. (NEW)
H 470: ADMINISTRATION OF JUSTICE CHANGES. (NEW)
H 506: CONFIRM STEVE WARREN/SPECIAL SUP. CT JUDGE.
H 591: MODIFY ADVANCED MATH COURSE ENROLLMENT.
H 592: CHECK-OFF CLEAN WATER MGMNT TR. FUND. (NEW)
H 593: JCPC/DETENTION/CAA AND OTHER FEES. (NEW)
H 594: TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW)
H 595: TAX RETURNS UNIFORMLY MADE PUBLIC ACT/FUNDS.
H 596: CHILD SEX ABUSE/STRENGTHEN LAWS.
H 597: WILDLIFE RESOURCES COMMISSION AMENDS.
H 598: BOTTLENOSE DOLPHIN AS STATE MARINE MAMMAL.
H 599: HOME SCHOOL EDUCATION TAX CREDIT.
H 600: REV. LAWS CLARIFYING & ADMINISTRATIVE CHANGES.
H 601: FUNDS FOR NAMI NORTH CAROLINA, INC.
H 602: BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
H 603: PAIN CAPABLE UNBORN CHILD PROTECTION ACT.
H 604: SMALL BUSINESS RETIREMENT PROGRAM.
H 605: RECOVERY/RESILIENCY FUNDS FOR HOKE COUNTY.
H 606: ARSON LAW REVISIONS.
H 607: MASSAGE BOARD MEMBERSHIP.
H 608: SBI EMERGENCY PEN REGISTER/TRAP AND TRACE.
H 609: SALARY INCREASES/ADULT CORRECTIONAL EMPLOYEES. (NEW)
H 610: CIVIL PROCEDURE/DEPONENT DECLARATION.
H 611: AMEND RULES OF EVID./BINDING ARBITRATION.
H 612: DSS REVIEW OF PROCEDURES/CRIMINAL HISTORY/OAH. (NEW)
H 613: ESSENTIAL SERVICES FOR HOMELESS YOUTH.
H 614: KELSEY SMITH ACT.
H 615: NC CONSUMER FIREWORKS SAFETY ACT.
H 616: FUNDS/CIVIL WAR & RECONSTRUCTION HISTORY CTR.
H 617: ALLOW REPEAT REFERRAL TO TEEN COURT.
H 618: UNC HBCU FUNDING PARITY/NC A&T DOC. PROGRAMS.
H 619: RETHINKING GUARDIANSHIP.
H 620: STREET DATABASE/MANUAL/PUBLIC RECORD EXCEPT. (NEW)
H 621: AIRBORNE & SPECIAL OPERATIONS MUSEUM FUNDS.
H 622: PROVIDE WC FOR PTSD IN FIRST RESPONDERS.
H 623: FUNDS FOR TEXFI REMEDIATION PILOT.
H 624: STORM SECURITIZATION/ALT. RATES.
H 625: SURRY MEDICAL MINISTRIES FOUNDATION/FUNDS.
H 626: REALISTIC EVALUATION OF ACTUARIAL LIABILITIES.
H 627: NC RESPONSE/EXTREME ABORTION-ON-DEMAND POLICY.
H 628: 2019 BANKING & MORTGAGE CORRECTIONS & CHANGES.
H 629: LAW-ENFORCEMENT MUTUAL AID.
H 630: PROTECTIVE SERVICES/ALARM SYSTEMS LAW CHANGES. (NEW)
H 631: VOLUNTEER RESCUE WORKER TAX CREDIT.
H 632: HYDRAULIC FRACTURING/STATEWIDE BAN.
S 124: SMALL TOWN MIXED BEVERAGE ELECTION REQS.
S 160: LIFE CHANGING EXPERIENCES SCH. PILOT PROGRAM.
S 210: ORGAN & TISSUE DONATION/HEART HEROES.
S 284: COUNTY CYBERSEC./SATELLITE BROADBAND GRANTS. (NEW)
S 301: REGIONAL SCHOOL MODIFICATIONS. (NEW)
S 343: VARIOUS EDUCATION LAW CHANGES. (NEW)
S 359: BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
S 361: HEALTHY NC. (NEW)
S 439: PED STUDY - DPS/HEALTH SERVICES/FUNDS FOR FTE.
S 451: FUNDS FOR SOS TO OFFSET LEASE.
S 457: FUNDS FOR NATIONAL GUARD.
S 470: ANTI-POVERTY PROGRAM FUNDS.
S 538: TEMP. FIN. ASST./SA FACILITIES.
S 549: CHILD WELFARE/BEHAVIORAL HEALTH PILOT/FUNDS.
S 605: HIGHWAY STORM RECOVERY ACT (NEW)
S 630: UP SHP PAY & LEO BENEFITS/DEATH PENALTY.
S 664: FUNDS FOR PLYMOUTH HEALTH CARE FACILITY.
S 666: CYBERSECURITY AND ROBOTICS FUNDS.
S 672: MILITARY LIAISON COUNSELORS/FUNDS.
Actions on Bills: 2019-04-08
H 170: VARIOUS SATELLITE ANNEXATIONS. (NEW)
H 171: CHINA GROVE SATELLITE ANNEXATIONS.
H 237: BRUNSWICK COUNTY ZONING PROCEDURE CHANGES.
H 285: CITY OF SANFORD/TOWN OF BEAUFORT VOL ANNEX. (NEW)
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