House committee substitute to the 1st edition makes the following changes.
Amends the act's long title. Deletes Part I of the act, which amended GS 18B-700 and GS 18B-703 to require counties with multiple ABC systems to merge their systems by June 30, 2021.
Part II.
Deletes the proposed changes to GS 18B-303 and GS 18B-403 regarding purchasing and transporting spirituous liquor. Instead, amends GS 18B-303 to authorize a mixed beverage permittee or an employee of the permittee to purchase and transport any amount of fortified wine or spirituous liquor for use by the mixed beverage permittee without obtaining a purchase-transportation permit under GS 18B-403. Also authorizes an independent contractor employed to deliver spirituous liquor under GS 18B-701(a)(1), as amended, by either a mixed beverage permittee or a local ABC board to transport any amount of fortified or spirituous liquor for use by a mixed beverage permittee without obtaining a purchase-transportation permit. Makes conforming changes. Makes conforming changes to GS 18B-403, which provides for purchase-transportation permits. Maintains that the provisions apply to fortified wine and spirituous liquor purchased on or after July 1, 2019.
Part IV.
Eliminates the proposed changes to GS 18B-800(c) to instead maintain existing language to prohibit any ABC store from selling any alcoholic beverage that has not been approved by the ABC Commission (Commission). Modifies proposed subsection (c1), regarding the purchase of individual bottles from special orders, to more specifically refer to the special item list approved by the Commission and a special item case. Deletes the proposed authorization for the Commission to establish and charge a fee for special orders. Maintains the effective date of July 1, 2019.
Now requires the Commission to develop and implement an online system to facilitate the sale, purchase, transport, delivery, of spirituous liquor items by and among local ABC boards, including listing items on the regular approved list of items and the special items list maintained by the Commission. Also requires the Commission to develop and implement an online system to allow mixed beverage permittees to track special orders from the special list online, including the date the special order is placed with the Commission by the local ABC board and the expected date the permittee can take possession of the special order.
Part V.
Modifies the proposed changes to GS 18B-701 to now authorize a local board providing delivery of spirituous liquor to a mixed beverage permittee to use its employees or contract with an independent contractor. Maintains that a local board can charge a delivery fee to the permittee, but removes the qualification that the fee be sufficient to cover actual costs of delivery. Also authorizes a mixed beverage permittee to contract with an independent contractor to provide delivery of spirituous liquor from an ABC board's store or warehouse to the permittee's premises. Maintains the effective date of July 1, 2019.
Directs the Commission to adopt rules to implement the statute, including parameters for the delivery fee and requirements for independent contractors making deliveries.
The Daily Bulletin: 2019-04-17
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The Daily Bulletin: 2019-04-17
House committee substitute to the 1st edition makes the following changes.
Deletes the proposed changes to GS 113-291.2, which authorized the Wildlife Resources Commission to issue proclamations to modify or close open wildlife seasons and bag limits in order to prevent overharvest of wildlife.
Modifies the proposed changes to GS 113-270.2 concerning the controlled hunting preserve hunting license to provide for the taking of domestically raised chukars, Hungarian partridges, and game birds other than wild turkey within a licensed controlled hunting preserve (previously removed the exclusion for wild turkeys). Makes conforming changes.
Makes technical and conforming changes to GS 113-273 regarding a controlled hunting preserve operator license. Modified the proposed wildlife control agent license to specify that the license is not required for licensed trappers taking wild animals during the established trapping season for that species.
Establishes the effective date of October 1, 2019 (previously had conflicting effective dates of October 1 and August 1, 2019), for the proposed changes to GS 113-291.6, which require trappers' trapper identification numbers be on certain traps.
Modifies the proposed changes to GS 14-417.2 to require the permanent enclosures (was, enclosures) of crocodilians to be designed to be escape-proof and have a fence of sufficient strength to prevent contact between the observer and the crocodilian, and have an operable lock.
Amends GS 113-291.1 to prohibit the knowing taking of a wild turkey from within 300 yards of any place in which bait has been placed until 10 days after the bait has been consumed or otherwise removed (previously did not include an intent element; did not limit the prohibition to a measured area).
Enacts Article 5A, Safe Surrender of Infants, to GS Chapter 7B. Sets forth the purpose of the Article and establishes that the Article's provisions exclusively apply to safely surrendered infants, as defined under specified current law.
Mandates that the following professionals take temporary custody of an infant reasonably believed to be under seven days old, without a court order, who is voluntarily delivered to the individual by the infant's parent who does not express intent to return for the infant: health care providers on duty or at a hospital; local or district health department, or nonprofit community health center; first responders; and social services workers on duty or at a local department of social services. Requires these persons taking temporary custody to perform any necessary acts to protect the physical health and well-being of the infant, and immediately notify the department of social services. Permits the individual to ask the parent personal and medical questions and to advise the parent that the information can facilitate the child's adoption, but requires the individual to notify the parent that the parent is not required to provide any information. Requires the individual to give the parent written information created by the Department of Health and Human Services (DHHS), Division of Social Services, which includes described content such as how to seek reunification. Requires confidentiality of the surrendering parent's identity by the individual taking temporary custody of the infant and any facility involved in the infant's care at that time, unless the parent consents to release. Requires the individual taking temporary custody to provide the director of the department of social services the information provided by the surrendering parent, if any, and requires identifying information be kept confidential by the director unless otherwise necessary under Article 5A or to contact the nonsurrendering parent.
Authorizes the director of a department of social services (director) to take temporary custody of a safely surrendered infant without a court order to arrange for the placement, supervision, care, and transportation of the infant. Requires the director to use a health care provider to determine the age of the infant and any signs of abuse or neglect, and notify law enforcement of the surrender and provide any necessary information to investigate through state and national resources whether the infant is a missing child. Directs the director to treat the infant as a report of dependency, but prohibits contact attempts with the surrendering parent prior to the first hearing regarding continued nonsecured custody except as provided. Prohibits a director from proceeding under the Article's provisions if the director determines to a reasonable medical certainty that the infant is not under seven days old, the infant shows signs of abuse or neglect, there is reason to believe the surrendering individual was not the parent, or there is reason to believe the parent intended to return for the infant at the time of surrender.
Grants limited civil and criminal immunity to an individual to whom an infant is surrendered under GS 7B-521, and to a parent surrendering an infant consistent with the Article's provisions, so long as the individual or parent was acting in good faith.
Details special notice requirements for the first hearing to determine continued nonsecure custody and for every subsequent hearing that addresses the petition for dependency, including notice by publication. Establishes that the act of voluntarily surrendering an infant waives a surrendering parent's right to personal service of process regarding juvenile proceedings which the surrendered infant is the subject of a petition for dependency as a safely surrendered infant or for a termination of parental rights under Article 11 of the Chapter. Establishes that a surrendering parent is entitled to notice by publication, as specified, unless the parent contacts the local department or the court. Maintains the due process rights of the nonsurrendering parent.
Permits a surrendering parent to contact the local department or the court to seek to regain custody, express a desire to participate in the dependency proceedings, or inquire about the infant's well-being at any time prior to an order terminating the parent's parental rights. Subsequently, the surrendering parent is entitled to personal service of process and no longer deemed to have waived the right. Requires the juvenile court proceedings to proceed. Requires the court to take any action the court deems necessary to verify the identity and parentage of anyone claiming to be a parent of a safely surrendered infant prior to making placement determinations that involve that parent or that parent's relative.
Amends GS 7B-101 to include safely surrendered infants in the term dependent juvenile. Adds the terms nonsurrendering parent, safely surrendered infant, and surrendering parent. Modifies neglected juvenile to exclude infants safely surrendered under Article 5A.
Amends GS 7B-504 to specify that a copy of a nonsecure custody order is not required to be given to a surrendering parent. Amends GS 7B-505, 7B-506, 7B-901, and 7B-1105 to permit a court, regarding nonsecure custody placement, continued custody, initial dispositions, or termination of parental rights, to specify in its order the nature of diligent efforts expected concerning identifying and locating a missing parent, taking into account the consideration of the circumstances surrounding the safe surrender of the infant and the best interest of the child. Amends 7B-602 to require the court to dismiss provisional counsel at the first hearing if the respondent parent is the surrendering parent of a safely surrendered infant who has not contacted the department of social services or the court. Further amends GS 7B-901 to require the court include in its disposition order that reunification efforts are not required if a court of competent jurisdiction has determined that the juvenile is a safely surrendered infant under Article 5A and the parent is a surrendering parent who has not contacted the department of social services or the court. Amends GS 7B-1102 to require service in accordance with GS 1A-1, Rule 4, upon a motion to terminate parental rights if the case involves a safely surrendered infant and the court ordered service by publication pursuant to Article 5. Amends GS 7B-1111 to exclude termination of parental rights on the grounds that the parental rights of the parent with respect to another child of the parent have been terminated involuntarily and the parents lacks the ability or willingness to establish a safe home, if the other child of the parent was a safely surrendered infant or the parent was a surrendering parent and parental rights were terminated after the parent voluntarily abandoned the infant under Article 5A for at least 60 consecutive days.
Makes conforming changes to GS 7B-302, GS 7B-500, GS 7B-501, GS 7B-503, GS 7B-506, GS 7B-1111, and GS 14-322.3. Makes further conforming changes to GS 115C-47, GS 115C-218.75, GS 115C-548, GS 115C-556, and GS 115C-565 concerning student education on safe surrender of infants.
Effective October 1, 2019.
Amends GS 113-182.1 to require the Department of Environmental Quality (DEQ) to prepare Fishery Management Plan Amendments in addition to the already required Fishery Management Plans and makes conforming changes throughout to make provisions related to Plans also applicable to the Amendments. Adds that in the case of interjurisdictional fisheries stocks or species for which the Atlantic States Marine Fisheries Commission Compact (ASMFC) has prepared a Fishery Management Plan, the State may adopt that plan as its Fishery Management Plan if the portion of the stock or species residing in North Carolina would meet the definition of sustainable harvest if managed separately from the ASMFC plan. Amends the requirements of Fishery Management Plans and Fishery Management Plan Amendments to now require that they (1) also include information pertaining to management strategies and no longer require including an assessment for multiyear species; (2) include adaptive management measures that address the long-term viability, recovery, and conservation of stocks to ensure a sustainable harvest, including all of the specified limits, assessments, and measures; (3) amend the required conservation and management measures to no longer require consideration of food production, and to include commercial opportunities, and to no longer require production of a sustainable harvest; (4) remove the exemption for the requirement to specify a time period not to exceed two years to end overfishing, in instances when it is determined that the biology of the fish, environmental conditions, or lack of data make implementing the requirements incompatible with professional standards for fisheries management; (5) report to the Commission at the Commission's first regular meeting following the end of the two year period, on whether overfishing has ended and sets out actions that must be taken if the Plan or Amendment have been insufficient to end overfishing within two years; and (6) no longer include the exceptions in other requirements for instances in which it is determined that the biology of the fish, environmental conditions, or lack of data make implementing the requirements incompatible with professional standards for fisheries management. Makes additional clarifying changes. Deletes the provisions related to fishery management plan advisory committees. Adds provisions for annual updates and for the retirement of a Fishery Management Plan or Fishery Management Plan Amendment. Allows the Secretary to authorize the development of a Fishery Management Plan Supplement to an existing Plan or Amendment if the Secretary, in consultation with the Fisheries Director, determines that it is in the interest of maintaining a sustainable harvest for a fishery. Sets out the requirements for the Supplements, which are temporary. Effective July 1, 2019, and applies to Plans and Amendments developed or adopted on or after that date.
Amends GS 113-221.1 to require proclamations that suspend or implement particular rules of the Commission whose application may be affected by variable conditions to be consistent with management measures adopted under GS 113-182.1 or as otherwise provided by Commission rules.
Amends provisions related to the Commission as follows. Amends GS 143B-289.52 to require that rules adopted by the Commission and management measures in the rules be based on recognized fishery management standards and the best available scientific, technical, and economic data. Amends the Commission's duties to allow delegating to the Director the authority by proclamation to suspend or implement a particular rule of the Commission that may be affected by variable circumstances to a fishery resource or habitat. Makes conforming changes to the duty to adopt a Fishery Management Plan to include duties related to Plan Amendments. Specifies that the Commission's power to establish standards and adopt rules to regulate the importation and exportation of fish and equipment that may be used in taking or processing fish includes non-native species. Allows the Commission to regulate participation in a fishery subject to a federal fishery management plan if it imposes a quota or allocation (was, quota only) on the State for the harvest or landing of fish in the fishery. Allows the Commission to use any additional criteria aside from holding coastal recreational fishing licenses.
Amends GS 143B-289.54 by amending the requirements for Commission membership by (1) requiring that two members be engaged in or retired from commercial fishing demonstrated by deriving at least 50% of annual earned income from selling wild and aquaculture (was, income from taking and selling fishery) resources in coastal fishing waters of the state; (2) requiring that one person be engaged in the for-hire or sports fishing industries (was, sports fishing industry only); and (3) requiring that the already described appointee who is a fisheries scientist be recognized as such. Requires that the membership include at least one person who is a resident of the three named regions (was, more generally, a resident of each of the three coastal regions). Allows a person serving on the Commission at the time that the act becomes law to continue to serve for their remaining term even if they no longer meet the qualifications of amended GS 143B-289.54.
Repeals GS 143B-289.57, which concerned the Marine Fisheries Commission Advisory Committees.
Amends GS 113-136, concerning the enforcement authority of inspectors and protectors, as follows. Separates out provisions related to an inspector's request to exhibit any item required to be carried by law so that they are separate from the same provisions related to protectors. Makes it unlawful to refuse to allow inspectors or other law enforcement officers to inspect equipment and fish that the officer reasonably believes to be possessed incident to an activity regulated by any law or rule as to which inspectors have enforcement jurisdiction (previously allowed for a broader list that also applied to protectors); makes conforming changes.
Amends GS 113-129 to define non-native species. Also amends the definition of sustainable harvest to mean the amount of fish that can be taken from a fishery on a continuing basis without causing the fishery to become overfished or reducing the stock biomass of the fishery below levels commensurate with the public trust nature of the resource.
Amends GS 113-132 by providing that the Commission's jurisdiction includes the regulation of aquaculture facilities that cultivate or rear marine and estuarine resources, marine aquatic species, or non-native species (was, estuarine resources only).
Amends GS 113-170 to allow Commission rules to include regulating, licensing, prohibiting, or restricting holding or maintaining in marine aquaculture operations in the state, as well as exportation of non-native species.
Amends GS 113-170.3 to include within those records that are not public records and that are to be treated as confidential (1) specified records received by the Department and (2) confidential federal fishery data and records concerning species significant to the State that are maintained by and received from the National Oceanic and Atmospheric Administration.
Repeals GS 113-181, which made it the Department's duty to administer and enforce the provisions of this Subchapter pertaining to the conservation of marine and estuarine resources, replacing it with GS 113-181.1, which expands upon that duty to also include the management of those resources and the development and implementation of Fishery Management Plans and Amendments and Coastal Habitat Protection Plans.
Amends GS 113-215 to include within the definition of marine aquaculture the propagation and rearing of non-native species.
Amends GS 113-228 to provide that to the extent the Department is granted authority over subject matter as to which there is concurrent federal or interstate jurisdiction, the Commission may by reference in its rules adopt relevant provisions of federal or interstate laws, regulations, and management measures as State rules.
Includes a severability clause.
Part I.
Provides legislative findings regarding the need for a comprehensive behavioral heath plan.
Enacts GS 122C-102A to require the Department of Health and Human Services (DHHS) to develop and implement a State Comprehensive Plan for Behavioral Health Services (Comprehensive Plan), defined by the statute to include mental health, developmental disabilities, substance abuse, and traumatic brain injury services. Establishes that the Comprehensive Plan's purpose is to provide a framework to ensure oversight of State-funded behavioral health services managed by LME/MCOs and health care providers. Requires the Comprehensive Plan to be annually submitted to the specified NCGA committee by January 31. Mandates that the Comprehensive Plan be implementable and requires DHHS to facilitate cooperation and support from LME/MCOs, county programs, service providers, and consumers in developing the objectives of the Plan. Prohibits DHHS from adopting or implementing policies inconsistent with the Comprehensive Plan. Identifies five required components of the Comprehensive Plan, including a mission statement, a 10-year future vision, three-year goals, 12-month objectives, and activities to be undertaken to achieve the specified mission, vision, goals and objectives. Requires DHHS to complete an assessment of the current behavioral health system that includes assessment of six system areas, including staffing, training and competency, and coordination and integration of services. Directs DHHS to define outcomes and data to measure Comprehensive Plan progress minimally in the areas of employment, education, homelessness, imprisonment, and social detriments of health.
Requires DHHS to identify and engage the services of a third-party vendor to assist in completion of the Comprehensive Plan in the event DHHS is unable to submit the Comprehensive Plan by the January 31 deadline or will not comply with the requirements of new GS 122C-10A, no later than January 1, in each year the Comprehensive Plan is due. Requires DHHS to report to the specified NCGA committees that the vendor will be completing the Comprehensive Plan and the anticipated completion deadline. Clarifies that no additional funds will be appropriated for these purposes.
Part II.
Repeals GS 122C-102, GS 122C-3(35d), and GS 122C-3(39), thereby eliminating the required development of a State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services every three years by DHHS.
Amends GS 122C-3 to define Comprehensive Plan to mean the Plan under new GS 122C-102A. Makes conforming changes to amend GS 122C-55, GS 122C-112.1, and GS 122C-171 to refer to the Comprehensive Plan rather than the State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services.
| Intro. by Insko, Ball, Quick. | GS 122C |
Amends GS 105-187.63 to modify the quarterly distribution of proceeds collected of the solid waste disposal tax. Now requires 32.5% rather than 37.5% to be credited or distributed to cities and counties that provide solid waste management programs and services, on a per capita basis according to existing law.
Adds a new credit or distribution of 5% to cities and counties that provide plastics recycling services within their jurisdictions on a per capita basis, with one-half of the amount distributed to eligible cities and one-half of the amount distributed to eligible counties. Excludes the city populations from the county population for purposes of the distribution. Requires the Department of Environmental Quality (DEQ) to adopt rules to establish eligibility criteria and annually provide the Secretary of Revenue (Secretary) with a list of eligible cities and counties by May 15, applicable to distributions made in the fiscal year that begins on July 1 of that year. Restricts funds distributed under the new provision for plastics recycling and single-use plastics reduction programs and services. Specifically authorizes use of distributed funds for the procurement of alternatives to single-use plastics for packaging and food service ware to be used by the city or county.
The above provisions are effective July 1, 2020.
Amends GS 143-58.2 to refer to the Division of Environmental Assistance and Consumer Service (Division) of DEQ, rather than the Division of Pollution Prevention and Environmental Assistance. Adds a new annual reporting requirement for all State departments, institutions, agencies, community colleges, and local administrative units which have authority to purchase materials and supplies to require each entity to report to the Division on or before October 1 the amounts and types of materials and supplies with recycled content that were purchased during the previous fiscal year and its progress toward reaching goals under GS 143-58.3. Requires the Division to prepare a summary of the reports for the Environmental Review Commission (Commission) by December 1 of each year, and include the summary in the solid waste management report required by GS 130A-309.06(c). Additionally, creates a separate annual reporting requirement for all State departments, institutions, agencies, community colleges, and local administrative units to report to the Division on or before October 1 the amounts and types of materials collected for recycling within the respective entity. Requires the Division to prepare a summary of the reports for the Commission by December 1, and include the summary in the solid waste management report required by GS 130A-309.06(c). Makes conforming changes to GS 130A-309.06(c).
Directs the Commission to study single-use plastics by examining at least seven specific matters, including the environmental impacts of plastics pollution, pending and enacted legislation in other states to regulate single-use plastics, and alternatives to use of single-use plastics for packaging and food service ware. Requires the Commission to consult with stakeholders, including State departments, representatives of the environmental community, the NC Retail Merchants Association, and the NC Beverage Association. Requires the Commission to report to the 2020 Session of the General Assembly upon its convening.
Directs the Legislative Services Officer to evaluate opportunities to reduce the use of single-use plastics in food establishments operated by the General Assembly and implement the measure at the earliest date that does not result in waste of single-use plastics already procured on the date the act becomes law and does not impair contracts for purchase of food service ware in effect on the date the act becomes law. Directs the Legislative Services Officer to submit a preliminary report to the Commission by September 1, 2019, and a final report by March 1, 2020.
Directs the Department of Administration (Department) to implement a pilot program to eliminate the sale or provision of food or beverages for consumption on or off the premises, in or with single-use plastics at State agencies or political subdivision agencies that use State funds. Requires the Department to identify five food establishments operated by State agencies in implementing the pilot within the same timeline parameters as those given for the Legislative Services Officer. Directs the Department to submit a preliminary report to the Commission by September 1, 2019, and a final report by March 1, 2020.
Defines single-use plastic as used in the act. Requires DEQ to adopt rules to implement GS 105-187.63(2a), as enacted.
Amends GS 159G-53 to modify and add to the considerations the Division of Water Infrastructure is required to examine when evaluating applications for loans and grants from the Wastewater Reserve or the Drinking Water Reserve. Concerning priority for a project that improves designated impaired waters of the state, adds that greater priority is to be given to projects which improve impaired waters of the state that serve a public water supply for a large public water system, defined as serving more than 500,000 customers. Adds that consideration for priority is to be given for wastewater system improvements made by a local government unit in order to protect or preserve the water supply of a neighboring local unit that has a lower poverty rate, lower utility bills, higher population growth, higher medium household incomes, and lower unemployment. Makes technical and clarifying changes. Applies to applications for loans or grants from the Wastewater Reserve or the Drinking Water Reserve received by the Division on or after July 1, 2019.
| Intro. by Yarborough. | GS 159G |
Includes whereas clauses.
Part I.
Adds new Part 4C, State Office of Child Fatality Prevention (State Office), under Article 3 of GS Chapter 143B, providing as follows. Establishes the State Office of Child Fatality Prevention within the Department of Health and Human Services (DHHS), Division of Public Health (Division), with the purpose of overseeing the coordination of State-level support functions for the entire North Carolina Child Fatality Prevention System in a way that maximizes efficiency and effectiveness and expands system capacity. Requires DHHS to determine the most appropriate placement for and configuration of staff, subject to the specified limitations. Sets out eight powers and duties including coordinating the work of the statewide Child Fatality Prevention System, convening and facilitating a multidisciplinary Fatality Review and Data Group to advise the State Office on the submission of information and reports to the specified entities, to create and implement processes for evaluating the ability of the Child Fatality Prevention System to achieve outcomes sought to be accomplished by the system, and to report to the Child Fatality Task Force (Task Force).
Appropriates $150,000 in recurring funds for 2019-20 and $300,000 in recurring funds for 2020-21 from the General Fund to the Division to establish and operate the State Office. Effective July 1, 2019.
Part II.
Sets out the General Assembly’s intent. Requires DHHS, by March 4, 2020, in consultation with those with knowledge about child fatality review and prevention, to develop and submit to the specified NCGA committee a proposal for restructuring the statewide Child Fatality Prevention System. Requires the plan to include, at a minimum, recommendations for accomplishing five specified goals including reducing the number and types of child death review teams by combining the functions of the specified entities into a single local team with different procedures and required participants for different categories of child fatality reviews, with attention given to the specified issues; discontinuing the practice of using Community Child Protection Teams as citizen review panels to fulfill the requirements of the federal Child Abuse Prevention and Treatment Act and using child death review teams to review active cases involving children and families involved with local departments of social services child protective services; and creating a multi-sector, multidisciplinary Fatality Review and Data Group to periodically review aggregate data and recommendations from child death review teams and child death data from the Office of the Chief Medical Examiner in order to advise State Office staff on relevant, appropriate information and reports that should be submitted to the Task Force, distributed among child death review teams, submitted directly to relevant organizations, or a combination thereof.
Requires DHHS, by December 1, 2019, to execute any contractual agreements and interagency data-sharing agreements necessary for participation by child death review teams in the National Child Death Review Case Reporting System. Requires local Child Fatality Prevention Teams to use the Reporting System once those agreements are in place and policies and protocols have been adopted.
Part III.
Amends GS 7B-1400 by amending the General Assembly’s stated intent to provide that it is the General Assembly’s intent, through Article 14 (North Carolina Child Fatality Prevention System), to establish a statewide multidisciplinary, multiagency child fatality prevention system; removes references to the State Team and the Local Teams. Provides that the purpose of the system is to assess the records of child deaths in the state from birth to age 18, and with respect to these cases, study data and prevention strategies related to child abuse, neglect, and death, and to use multidisciplinary team reviews of deaths in order to achieve specified objectives. Amends those objectives to now include: (1) understating the direct and contributing causes (was, cause in general) of childhood deaths, and (2) identifying, and aiding in facilitating the implementation of, evidence-driven strategies to prevent child death and promote child well-being.
Amends the definitions for use in the Article by adding and defining the terms Child Death Review Team, Child Fatality Prevention System, Medical Examiner Child Fatality Staff, and State Office, and by amending the term Team Coordinators to make the term plural and to define it as meaning any individual designated within the State Office to work as a Child Fatality Prevention Team Coordinator (was, defined as the Child Fatality Prevention Team Coordinator). Makes conforming changes throughout the Article to now refer to plural team coordinators.
Amends the membership of the Task Force by adding the Director of the Juvenile Justice Section, Division of Adult Correction and Juvenile Justice, Department of Public Safety, as an ex-officio member. Also allows a safe infant sleep counseling and education program representative to be appointed in lieu of a representative from a Sudden Infant Death Syndrome counseling and education program. Removes the provision making ex officio members nonvoting members. Adds that in making appointments or designating representatives, best efforts need to be made to select those with sufficient knowledge and experience to effectively contribute to the issues examined by the Task Force, and should also, to the extent possible, reflect the state’s geographical, political, gender, and racial diversity. Makes additional clarifying changes and technical changes.
Enacts new GS 7B-1402.1 setting out provisions for the Task Force’s organization and procedures. Requires the Task Force to carry out its duties through a Perinatal Health Committee, Unintentional Death Prevention Committee, and Intentional Death Prevention Committee, each tasked with addressing specified topics. Sets out additional provisions concerning membership on the committees and committee work. Specifies that committee recommendations do not become final until they are approved by a majority vote of the Task Force. Sets out the process for electing Task Force chairs or cochairs as well as committee cochairs. Establishes the membership of the Executive Committee tasked with discussing and advising the Task Force with respect to its business and administration, advising Task Force staff on issues between meetings, developing recommended policies and procedures for consideration by the full Task Force, and working to advance approved Task Force recommendations. Sets out provisions for hiring staff and sets out staff duties. Requires the Executive Committee to develop and revise policies and procedures for the Task Force’s operations, and sets out items that must be addressed by the policies and procedures. Makes meetings of the Task Force and its three committees subject to the public meeting requirements of GS Chapter 143, Article 33C; meetings of the Executive Committee, stakeholder groups, or work groups, however, are not subject to those requirements.
Amends the Task Force’s duties under GS 7B-1403 as follows. Requires the study of the incidences and causes of child deaths to also include evidence-driven strategies for preventing further child deaths, abuse, and neglect; removes the requirement to establish a profile of child deaths and expands upon the items that must be included in the study. Replaces the requirement of developing a system for multidisciplinary review of child deaths with advising the State Office with respect to the operation of an effective statewide system for such review as well as the implementation of evidence-driven strategies to prevent child deaths, abuse, and neglect. Expands upon the reports that are to be received and considered to include those from the State Office. Adds the duty of developing recommendations for changes in law, policy, rules, or the implementation of evidence-driven prevention strategies to be included in the annual report.
Amends the duties of the State Team under GS 7B-1405 by removing the duties of periodically assessing the operations of the multidisciplinary child fatality prevention system; making recommendations for changes as needed; and working with the Team Coordinator to develop guidelines for selecting child deaths to receive detailed, multidisciplinary death reviews by Local Teams. Makes additional clarifying and technical changes.
Amends GS 7B-1411 by making DHHS, instead of the Division, responsible for developing training materials for Local Teams.
Amends GS 7B-1412 by expanding upon the entities who are to receive the task Force’s annual report and adds to the items that are to be included in the report.
Amends GS 7B-1413 by adding that the State Office must have access to all medical records, hospital records, and records maintained by the State, a county, or any local agency as necessary to carry out the purpose of Part 4C.
Amends GS 7B-1414 by adding that, to the extent funds are available, the Task Force chairs must work with the DHHS Secretary to hire or designate staff or consultants to assist the Task Force and its committees. Makes conforming changes.
Amends GS 143B-150.20 by placing the State Child Fatality Review team within DHHS instead of under the Division. Makes conforming changes.
Part IV.
Effective December 1, 2019.
Includes whereas clauses. Creates a pilot project to develop a standardized process for every child that is four years and older entering into foster care to receive a standardized trauma- and evidence-informed screening and assessment to ensure proper diagnosis and services. Requires participation of up to three LME/MCOs. Details requirements of participating LME/MCOs, including collaboration with their county departments of social services to begin training for implementation of the standardized assessment by July 1, 2019, and begin conducting the assessments by February 1, 2020. Requires the pilot to include support for training in trauma-focused care and the use of the screening and assessment tool. Requires the pilot to provide certain oversight and training to providers to ensure consistent use of the standardized model. Defines trauma. Requires the Division of Social Services to report to the specified NCGA committee by December 1, 2021, including specified data for each participating county.
Appropriates to the Division of Social Service from the General Fund $80,000 for the 2019-20 fiscal year, and $150,000 for the 2020-21 fiscal year to implement the pilot project.
Effective July 1, 2019.
Enacts Article 1B, Redistricting, to GS Chapter 120. Sets forth 13 defined terms applicable to the Article. Establishes the NC Citizens Redistricting Commission (Commission) charged with preparing preliminary, proposed, and alternative legislative and congressional plans, adopting final legislative and congressional plans, and presenting adopted plans to the General Assembly for enactment. Sets out eligibility requirements for residents to apply for membership on the Commission, including (1) having been a registered voter of the state with the same or no affiliation for at least three years prior to service; (2) having not contributed more than $2,000 to any candidate for public office; (3) is not a relative of a legislator, is not a legislative political appointee, is not a staff member or legal counsel of the General Assembly, and is not an official of a political party or a consultant or legal counsel to a political party; (4) having never served in public office or held a political appointment, served as an elected or appointed officer of a political party, body, or committee at any level of government, served as an officer, employee or paid consultant of a political party or body or of the campaign or campaign committee of a candidate for public office, or been employed by Congress; and (5) is not a legislative staffer, lobbyist, or liaison. Prohibits members from holding public office for three years after termination of service.
Permits eligible citizens to apply to the State Auditor for Commission membership with an attestation to eligibility. Requires the State Auditor to verify eligibility and submit eligible applications to the Administrative Office of the Courts (AOC). Directs the AOC to review the applications and submit a diverse group of up to 60 applications to the General Assembly and the Governor, as specified, with no more than 20 applications per party affiliation or no affiliation. Provides for the appointment of 15 members to the Commission from the candidate pool, with appointment of nine members by the President Pro Tempore, the Senate minority leader, the Speaker, the House minority leader, the Governor, and the remaining six members appointed by majority vote of the nine appointed members. Provides for a ten-year term beginning on July 1 of each year ending in zero. Requires rotation of the Commission chair every six months, prohibiting consecutive chairs in the same political party. Provides for member removal upon failure to comply with GS 120-4.54(2) concerning submitting written descriptions of communications regarding the Commission outside of public meetings. Provides for vacancies. Establishes a $1,200 stipend for Commission members for each month the Commission meets. Provides for member expenses.
Houses the Commission in the Legislative Services Office and requires the Office to provide administrative support to the Commission. Provides for the powers and authority of the Commission. Requires the Commission to retain independent staff under contract, hired upon Commission vote as specified, and limited to one-third balanced political affiliations as provided. Limits staff eligibility to persons that would be eligible to be a Commission member.
Subjects the Commission to the Public Records Act and Open Meetings Law, except that the following provisions govern in the case of conflict. Prohibits the Commission and staff from discussing Commission business outside public meetings. Requires a Commission member who discusses Commission business outside public meetings to place in the Commission's public records any violating written communication and a written description of any violating oral communication, as specified. Requires the Commission to give 14 days' notice prior to any meeting in which votes will be taken.
Directs the Commission to prepare preliminary, proposed, and alternative legislative and congressional plans. Gives goals for the plans in order of priority, including: one person, one vote; compliance with state and federal law; legislative districts within 5% of the ideal population and congressional districts within 0.1% of the ideal population; minimizing split counties; contiguity; minimizing split counties and split municipalities; compactness; electoral impartiality; and minimizing the number of split communities of interest.
Requires the Commission to adopt final legislative and congressional plans by vote of at least nine members, with at least three members of each political party and nonaffiliated members, and submit adopted plans to the General Assembly. In the event the Commission cannot adopt a plan, the Commission must appoint a qualified special master from a list submitted by the State Auditor, as specified. Requires the special master to draw a final plan and submit the plan and rationale to the Commission, which is required to adopt the special master's plan. Details a maximum time line for the Commission to follow prior to adopting district plans by October 1 of the year following each federal census, which includes timelines for required public hearings, public review of proposed plans, and adoption of plans by the Commission. Details requirements for public hearings and public input during the plan adoption process, including requiring a minimum of 20 public hearings across the state and the provision of seven specified resources to the public.
Details delivery of adopted plans and related materials to the Senate and House Principal Clerks. Requires enactment of adopted plans of the Commission, and provides for the Commission to deliver subsequent plans adopted in the same prescribed manner as the initial adopted plans in the event a Commission adopted plan fails any reading.
Requires a new district plan to be adopted using the same process and timeline in the event any plan adopted and enacted is held to be invalid, and allows for modification if necessary regarding the timing and nature of the holding. Authorizes the General Assembly to by law assign the Commission the duty of preparing districting and redistricting plans for any political subdivision upon request of the governing board of the unit or a court of appropriate jurisdiction.
Effective January 1, 2020.
| Intro. by Harrison, Morey, Holley, Martin. | GS 120 |
Amends GS 20-7 to require the Division of Motor Vehicles (DMV), regardless of the requirement that an applicant have a valid Social Security Number, to issue a Class C drivers license to an applicant who: (1) has limited legal status or is not lawfully present in the US; (2) provides a valid Individual Taxpayer Identification Number, a current passport issued by the United States or a foreign government, a valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship, or a community identification card issued by FaithAction International House or a member of its network; (3) completes the driver orientation course; (4) provides proof satisfactory to the Division of the applicant's residency in North Carolina for at least two years prior to the date of application; and (5) meets all other requirements for a drivers license, including proof of financial responsibility. This Class C license does not allow for the operation of a Class A or Class B fire-fighting, rescue, or EMS motor vehicle or any combination thereof. These restricted licenses expire on the birthday of the licensee in the second year after issuance and a renewal of a restricted drivers license expires two years after it is renewed. These licenses cannot be renewed remotely. Requires the DMV to set the fee for an initial license and sets the renewal fee at $30. Sets out requirements for the format of the license.
Requires the DMV to establish and conduct, or use a nonprofit or community-based agency to do so, driver orientation courses for persons seeking to qualify for a restricted drivers license. Requires attendees to pay a fee set by the DMV, not to exceed $100. Requires attendance in person and the course is required to be at least eight hours in total duration. Sets out topics that are to be included in the course, including an overview of the State's motor vehicle laws and instruction on how to properly interact with law enforcement during a traffic stop.
Enacts new GS 20-10.2 to provide that information provided by an applicant in obtaining a restricted drivers license is not admissible in any criminal, civil, or immigration trial, action, or proceeding.
Effective October 1, 2019.
| Intro. by Harrison, Fisher, Meyer, Morey. | GS 20 |
Enacts new Article 2B, North Carolina Fair Wage Act, in GS Chapter 95. The proposed section defines employer to include the State and local political subdivisions and every person who employs more than five employees. The act requires an employer to pay equal wages to its employees regardless of gender when the work performed is the same quantity and quality of the same classification of work. The act allows for a variation in wages between employees based on factors other than gender, such as seniority, ability, skill, or difference in duties when exercised in good faith. Provides that an employer may neither reduce an employee’s wages to comply with this act nor retaliate against any employee who seeks redress. Complaints are to be filed with and investigated by the Department of Labor. Employees may recover the balance of wages due plus attorney fees provided a civil action is instituted within two years after the alleged violation is discovered.
| Intro. by Cunningham. | GS 95 |
Part I
Subject to voter approval at the November 3, 2020, general election, adds new Section 38 to Article I of the Constitution requiring employers to pay employees no less than the minimum wage for all hours worked in the state and establishing the minimum wage to be $12 per hour six months after the amendment's enactment with an increase on January 1 of successive years by the increase in cost of living.
Subject to voter approval as described above, new Section 38 more specifically entitles citizens to a minimum wage sufficient to provide a decent and healthy life for them and their families, that protects their employers from unfair low-wage competition, and that does not force them to rely on taxpayer-funded public services. Establishes an hourly minimum wage of $12, effective January 1, 2021. Requires the Commissioner of Labor to annually adjust the minimum wage on September 30, beginning the year the amendment is enacted, to use any increase in the consumer price index, CPI-U, or its successor index as calculated by the US Department of Labor for the 12-month period preceding the previous September 1. Requires each adjusted minimum wage rate to be published and effective on the following January 1.
Makes it unlawful for an employer or other party to discriminate or take adverse action against any person in retaliation for exercising rights protected by the amendment, which include the right to file a complaint or inform any person about any party's alleged noncompliance and the right to inform any person of his or her potential rights and assist him or her in asserting those rights. Establishes that a prevailing party in a civil action against an employer or person violating the amendment must recover the full amount of any back wages unlawfully withheld plus liquidated damages and reasonable attorneys' fees and costs, in addition to any appropriate legal or equitable relief. Further, subjects any employer or person found in willful violation to a $1,000 fine for each violation. Authorizes the Attorney General or other official designated by the General Assembly to bring a civil action to enforce the Section. Establishes a statute of limitations of four years, or five years in the case of willful violations. Permits claims under the Section to be brought as a class action. Allows the General Assembly to establish additional remedies or fines for violations, raise the minimum wage rate, reduce the tip credit, or extend coverage of the Section by statute, but clarifies that implementation legislation is not necessary to enforce this Section. Authorizes the General Assembly or the Department of Labor to adopt appropriate implementation measures. Adds that case law, administrative interpretations, and other guiding standards developed under the federal Fair Labor Standards Act guide the construction of the Section and any implementing statutes or regulations.
Part II
Subject to voter approval of new Section 38 of Article I of the Constitution, makes conforming changes to GS 95-25.3, conforming the minimum wage to that as described in new Section 38 of the Constitution and providing for the annual cost of living increase. Adds that, for tipped employees meeting eligibility requirements for the tip credit under the Fair Labor Standards Act, employers can credit toward satisfaction of the minimum wage tips up to the amount of the allowable FLSA tip credit in 2003.
Amends GS 50-13.4(f)(9) to provide that a court may order a person who is delinquent in making child support payments into a job search or specific education training as a special condition of a contempt order. Progress will be reviewed at a minimum of 30-day intervals. Persons actively participating in work-specific training are excluded from this review.
| Intro. by K. Smith, Stevens, Floyd, Ross. | GS 50 |
Enacts new GS 126-18.1 to require that a state agency refrain from considering an applicant’s criminal record or criminal history until after the applicant has been selected for an interview by the employer. This provision does not apply to the Department of Public Safety when it otherwise has a duty to conduct a criminal history record check. A state agency may inform applicants that a particular criminal history record can result in disqualification for a position. Effective July 1, 2019.
| Intro. by K. Smith. | GS 126 |
Requires the Legislative Research Commission (Commission) to conduct the study as title indicates. Outlines six responsibilities of the Commission as it undertakes the study, including examining current federal and state law regarding boat operation, no-wake zones, and channel markers and assessing local governments' ability to adopt and enforce local ordinances regulating navigable waters. Requires the Commission to report its findings and recommendations to the 2020 General Assembly upon its convening.
| Intro. by Hanig. | STUDY |
Amends GS 115C-84.2(d) to exempt from the required opening and closing dates set forth for public schools any school that has been identified as a low-performing school under GS 115C-105.37. Maintains the exemption for a period of three consecutive school years following the school's identification. Applies beginning with the 2019-20 school year.
| Intro. by Brockman, Riddell. | GS 115C |
Creates a 12-member Joint Legislative Study Committee as title indicates, with members appointed by the President Pro Tem of the Senate and the Speaker of the House. Allows the Commission to make an interim report to the General Assembly by April 1, 2020, and requires a final report by December 1, 2020. Terminates the Commission upon the earlier of the filing of the final report or December 1, 2020.
| Intro. by Clemmons, Horn, Farmer-Butterfield. | STUDY |
Directs the Natural Heritage Program to study present and historical extent and density of wild populations of native ginseng and population trends over time to determine the extent to which overharvesting of ginseng is threatening the future of the resource. Requires the Natural Heritage Program to report its results and any legislative recommendations to the specified NCGA committee and division by December 1, 2021. Allows the Natural Heritage Program to identify other native plants threatened by overharvesting or poaching and necessary protections for the species as part of its report. Appropriates $50,000 in nonrecurring funds for the 2019-20 fiscal year to the Department of Natural and Cultural Resources to be allocated to the Natural Heritage Program to conduct the study. Effective July 1, 2019.
Enacts new GS 14-409.41 requiring a person in this state who owns and possess an assault weapon to register the weapon with the sheriff of the county in which the person resides no later than five days after the person obtains the weapon and annually thereafter. Failure to do so or intentionally providing false registration information is a Class 3 misdemeanor. Defines an assault weapon as including any selective fire firearm capable of semiautomatic or burst fire at the option of the user including the specified semiautomatic firearms; the specified semiautomatic centerfire rifles, or copies or duplicates with the capability of the rifles; specified semiautomatic centerfire pistols, or copies or duplicates with the capability of the pistols; all IZHMASH Saiga 12 Shotguns, or copies or duplicates with the capability of those shotguns; all semiautomatic firearms that meet any of the eight listed criteria, including semiautomatic, centerfire rifles with a fixed magazine with the ability to accept more than 10 rounds, a semiautomatic shotgun with the ability to accept a detachable magazine, and a shotgun with a revolving cylinder.
Requires the registrant to provide the name and address of the person registering the weapon, the weapon's manufacturer and importer, the model, and the name and address of the individual or entity from which the person obtained the weapon. Requires the sheriff to fingerprint and photograph the registrant and determine the registrant's criminal and background history. Information provided by the registrant is confidential and is only available to a State or local law enforcement agency upon request for the lawful performance of the agency's duties, or by court order. Sets a $5 registration fee.
Requires the State Bureau of Investigation, in consultation with the North Carolina Sheriffs' Association, to establish forms to be used by persons registering assault weapons.
Requires a person who owns and possesses an assault weapon as of the effective date of this section to register the weapon no later than 90 days from the effective date of this section.
The above provisions are effective December 1, 2019, and apply to assault weapons obtained on or after that date.
Enacts new GS 14-409.13 requiring any firearm owner to report the loss or theft of the firearm with 48 hours to either the local law enforcement agency with jurisdiction over the location where the loss or theft occurred, or to the State Bureau of Investigation. Violations are a Class 3 misdemeanor, with second or subsequent violations a Class I felony. Applies to offenses committed on or after December 1, 2019.
| Intro. by Martin, Morey, Clark, Harrison. | GS 14 |
Amends GS 116-6 by amending the terms of members of the UNC Board of Governors (BOG) to require at the regular legislative session in 2020 and every two years thereafter, that eight of the twelve members be elected by the House and Senate as successors for the terms of members expiring June 30 of each odd-numbered year. Beginning in 2021 and every two years thereafter, requires the Governor to appoint four of the twelve members as successors for terms expiring on June 30 of each odd-numbered year. Adds that beginning with the appointments made by the Governor on or after July 1, 2021, no person may be appointed or elected to the BOG for more than three full four-year terms. Provides that appointment for a partial term to fill a vacancy does not count toward the three-term limitation. Makes conforming changes.
Amends GS 116-7 to prohibit a person who engaged in lobbying as a lobbyist on or after June 30 of the prior year from being elected or appointed as member of the BOG. Requires the Governor to fill a vacancy of an appointed seat within 180 days. Makes additional conforming changes.
Makes conforming changes to GS 116-6.1. Effective July 1, 2019.
Provides that members elected to the BOG before January 1, 2021, will serve their full terms. If there is a vacancy before January 1, 2021, it must be filled as provided under GS 120-122 upon the recommendation of the Speaker of the House or President Pro Tempore of the Senate, as appropriate.
| Intro. by Martin, Meyer, Batch. | GS 116 |
Amends GS 115C-249 to provide that a school bus will not be eligible for replacement based on mileage until it is 15 years old (previously 20 years old). Provides that a school bus that is fewer than 10 years old (previously 15 years old) is not eligible for replacement before reaching 300,000 miles. Removes the 30 bus cap on the replacement of buses each year due to safety concerns or mechanical or structural problems.
Effective July 1, 2019.
| Intro. by Torbett. | GS 115C |
Requires the Division of Motor Vehicles (Division), in consultation with the Department of Insurance and interested parties, to conduct study as title indicates for the purpose of protecting consumers from purchasing flood-damaged vehicles with concealed damage. The study is to address the economic impact to consumer of any changes in the law recommended by the Division and consider any other issues deemed relevant to the title and registration of salvage vehicles. Requires the Division to report its findings and recommendations to the specified NCGA committees and division by March 1, 2020.
| Intro. by Torbett. | STUDY |
Retitles Article 37 of GS Chapter 90, Health Care Practitioner Transparency Act (was, Health Care Practitioner Identification). Deletes the existing provisions and now provides the following. Sets forth four defined terms. Requires an advertisement for health care services that names a health care practitioner to identify the type of license held by the practitioner. Defines advertisement to mean any communication or statement that is printed, electronic, or oral that names the health care practitioner in relation to their practice, profession, or institution where the health care practitioner is employed, volunteers, or otherwise provides health care services, including business cards, letterhead, patient brochures, email, internet, audio and video, or any other communication or statement used in the course of business. Prohibits advertisements from containing any deceptive or misleading information, as defined.
Requires health care practitioners to wear a badge or other identification displaying a recent photograph of the practitioner; the practitioner's name; the license, certification, or registration held by the practitioner, and the expiration date of the license whenever providing care to a patient. Specifies the required size and manner of wearing the badge or identification. Requires the health care practitioner to display a written document in the office that identifies the license, certification, or registration held by the practitioner, and the name and type of license of the health care practitioner. Prohibits a health care practitioner from making deceptive or misleading representations about his or her license, certification, or registration. Requires a practitioner who practices in more than one office to comply with the Article's requirements in each practice setting. Requires collaborative offices to post a schedule of regular hours when the medical doctor or doctor of osteopathic medicine will be present in the office. Excludes from the scope of the Article health care practitioners that work in non-patient settings and have no direct patient health care interactions.
Enacts GS 90-463 to establish violations of the Article including: (1) knowingly aiding, assisting, procuring, employing, or advising an unlicensed individual in practicing or engaging in acts outside the scope of the practitioner's degree of licensure; (2) knowingly delegating or contracting services to an unqualified practitioner and failing to comply with the Article's provisions. Subjects practitioners to disciplinary action for violations. Provides injunctive relief for any person who is injured or suffers damages as a result of the violation. Deems each day of noncompliance a separate violation.
Effective October 1, 2019.
| Intro. by Potts, K. Hall, Yarborough, Murphy. | GS 90 |
Amends GS 115C-431, which sets forth procedures for the resolution of disputes between boards of education and boards of county commissioners regarding the sufficiency of appropriations made to the capital outlay fund. Establishes that in the event no agreement is reached in mediation on the amount of money appropriated to the capital outlay fund, the decision of the county commissioners is final. Prohibits the local board of education from filing any legal action challenging the sufficiency of funds appropriated by the board of county commissioners to the capital outlay fund. Eliminates all existing provisions which set forth an appeal procedure for local boards to appeal the decision of the board of county commissioners regarding appropriations for the capital outlay fund. Makes conforming changes to GS 115C-432.
| Intro. by Conrad, Hunter, Potts. | GS 115C |
Amends Section 3.11 of SL 2018-13, which modifies Sections 30.8 and 30.9 of SL 2013-281. Makes technical corrections to refer instead to SL 2013-381. Extends the date from December 1, 2019, to December 1, 2021, by which direct record electronic voting systems must be decertified and are prohibited from use in any election. Changes the effective date of the provisions of Part 30 of SL 2013-381 (Simplify Ballot Records) to December 1, 2021 (was December 1, 2019), for counties that use direct record electronic voting machines.
| Intro. by Howard. | UNCODIFIED |
Adds a new education bonus to the base tax credit set out in GS 105-129.105 for qualified rehabilitation expenditures for a certified historic structure located in the state. Creates a bonus of 5% of expenses not exceeding $20 million if the following five criteria are met: (1) that the building is at least 40 years old and not currently in active use; (2) the initial use of the building was for an educational purpose; (3) following the rehabilitation, the building is placed into service for an educational purpose, and remains used for that purpose each year the credit or carryforward credit is claimed, proportionate to the amount of the building used for that purpose, if appropriate; (4) the exterior facade and aesthetics of the building are not substantially changed by the rehabilitation; and (5) the expenses are qualified rehabilitation expenditures under the statute and the building is a certified historic structure. Defines educational purpose as the term is defined in specified state law. Provides for an alternative credit in the same amount as allowed under the new provision for rehabilitation expenses that would have been qualified rehabilitation expenditures if the building was a certified historic structure. Effective for taxable years beginning on or after January 1, 2019.
| Intro. by Adams, Beasley, Warren, Presnell. | GS 105 |
Enacts new GS 20-24.3 to allow a person whose driver's license is revoked under GS 20-24.1 for failure to a pay a fine, penalty, or court costs to apply for a limited driving privilege if the person (1) had a valid drivers license or license that had been expired for less than one year, at the time of revocation or (2) had their NC driver's license revoked because of a failure to pay a fine, penalty, or court costs in another jurisdiction if the person would be eligible for a limited driving privilege had the failure to pay occurred in the state. Defines a limited driving privilege as a judgment issued in the court's discretion for good cause shown allowing a person with a revoked driver's license to drive for essential purposes related to the person's employment, maintenance of the person's household, the person's education, the person's court-ordered treatment or assessment, community service ordered as a condition of probation, emergency medical care, and religious worship. Requires an application for a limited driving privilege to be made at the time the applicant's license is revoked; sets out requirements for the hearing on the application. Sets out additional requirements for when an applicant is authorized to drive for work-related purposes during standard working hours and when an applicant is authorized to drive for work-related purposes in nonstandard hours. Sets out additional requirements for privileges to drive for emergency medical care, maintenance of the household, and for educational purposes. Allows for modifying and revoking the limited driving privilege. Driving in a way that violates the limited driving privilege is equivalent to committing the offense of driving while license is revoked for impaired driving, and is subject to the same punishment and license revocation provisions. If there is probable cause for the charge, the privilege is suspended pending the resolution of the case. Requires proof of financial responsibility before a judge can grant limited driving privileges. Limits the duration of the limited driving privilege to no more than 12 months, but allows for renewal upon a showing of good-faith effort by the person to rectify the matter that caused the revocation. Allows a judge granting a limited driving privilege to also order that the fine, penalty, or court costs that led to the revocation be paid in installments for a term no less than the term of the driving privilege. Effective December 1, 2019.
| Intro. by Reives, Rogers, Clemmons, Stevens. | GS 20 |
Enacts new GS 58-3-26 to prohibit an insurer offering a health benefit plan in this state from imposing any preexisting condition exclusions with respect to coverage under the plan. Requires the insurer to accept every employer and every individual in the state who is eligible for and applies for coverage. Requires premium rates to be developed based on only whether the health benefit plan covers an individual or family, the geographic rating area, age of the insured individuals, and tobacco use of the insured individuals, with specified limitations. Prohibits adjusting the premium more frequently than annually unless the change is made to reflect one of five specified categories of changes.
Allows the Department of Insurance to adopt rules to implement and administer the act and to ensure that rating practices used by insurers are consistent with the act.
| Intro. by Insko, Meyer, Cunningham, Black. | GS 58 |
Includes whereas clauses.
Adds new Article 7 to GS Chapter 19A, providing as follows.
Prohibits a person from leasing, selling, or offering to lease or sell, any living animal for personal, family, or household use if the lease, sale, or offer thereof is subject to any provision authorizing the use of the animal as security where the animal may be repossessed by the seller or lender contingent on the purchaser making payments. Violations are a Class 2 misdemeanor. Violations also constitute an unfair and deceptive trade practice. Invalidates any provision in a contract or agreement that is a violation of these provisions. Specifies that the purchase of a living animal through an unsecured personal loan is not prohibited. Effective December 1, 2019.
| Intro. by Russell, Clark, Harris, Hunt. | GS 19A |
Amends GS 131E-176, which sets outs defined terms applicable to Article 9, Certificate of Need. Amends bed capacity to specify space used exclusively for inpatient care at a health care facility. Amends the definition of health service to exclude activities performed at a facility that does not meet the definition of a health service facility; removes ambulatory surgical facilities from the definition of health service facility.
Amends GS 131E-184 by exempting from certificate of need review a new institutional health service it if receives prior written notice from the entity proposing the service for the development, acquisition, construction, expansion in number, or replacement of an operating room or gastrointestinal endoscopy room for which a certificate of need was issued to an ambulatory surgical facility before October 1, 2019. Makes conforming deletions in GS 131E-178.
| Intro. by Goodwin, Rogers, Richardson. | GS 131E |
Amends GS 135-4 (concerning the Teachers' and State Employees' Retirement System) and GS 128-26 (concerning the Local Government Employees' Retirement System) by allowing a a member who has completed at least five years of membership service and who has been awarded the Advanced Law Enforcement Certificate by the NC Criminal Justice Education and Training Standards Commission or the NC Sheriffs' Education and Training Standards Commission to purchase up to four years' creditable service in one of those retirement systems. Sets out additional requirements for the purchase of service, including that it not be associated with any specific compensation or period of time. Sets out provisions for the calculation of the amount payable.
Amends GS 20-16 (Authority of Division to suspend license) as follows.
Makes clarifying and technical changes throughout. Makes the statute's language gender-neutral.
Adds to the provision in subsection (c) that cancels any previously accumulated points in a person's driver's record upon the restoration of the license or driving privilege of the person whose license or driving privilege was suspended or revoked because of a traffic offense. Adds a new provision to provide for any previously accumulated points in a person's driver's record to be cancelled upon completion of the driver retraining course established in accordance with new subsection (d1) of the statute within the 90-day pre-suspension notice period required under subsection (d) of the statute, as amended.
Adds new subsection (d1) requiring the Division of Motor Vehicles (DMV) to establish and conduct, itself or through a third-party vendor, driver retraining courses for persons who have had their license suspended or been placed on probation pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a) of the statute.
Respectively, subdivisions (5), (9), (10), or (10a) of subsection (a) authorize the DMV to suspend a licensee without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee: (1) has, under the provisions of subsection (c), within a three-year period, accumulated twelve or more points, or eight or more points in the three-year period immediately following the reinstatement of a license that has been suspended or revoked because of a conviction of one or more traffic offenses; (2) has, within a period of twelve months, been convicted of two or more charges of speeding in excess of 55 and not more than 80 miles per hour, one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour; (3) has been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour; and (4) has been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour.
Requires the DMV to maintain oversight of the driver retraining course established and conducted by the third-party vendor if the DMV chooses to utilize a third-party vendor. Directs the DMV to set a fee no more than $175 to be paid by each driver attending a driver retraining course, with $25 retained by the DMV. Provides for waiver of the fee upon presenting documentation that the person receives public assistance or has a prior judicial determination of indigence. Requires the driver to attend the course in person. Requires the course to be at least eight hours. Details further requirements of the driver retraining course and content that must be included in the course.
Further amends subsection (c), concerning licenses suspended under the point system described in the subsection, to provide for indefinite license suspension until the person completes the driver retraining course established in new subsection (d1) for a license suspended pursuant to subdivisions (5), (9), (10), and (10a) of subsection (a). Requires the DMV to cancel the suspension and allow the licensee to retain his or her license if the licensee completes the driver retraining course within the 90-day pre-suspension notice period required under subsection (d) so long as the driver's license is not subject to suspension or revocation under another provision of law. Directs the DMV to terminate the suspension if the licensee completes the driver retraining course after the 90-day pre-suspension notice period required under subsection (d) so long as the driver's license is not subject to suspension or revocation under another provision of law, and allows the licensee to apply for restoration of the licensee's driving privilege. Prohibits the DMV from substituting a period of probation for suspension or for any unexpired period of suspension before the licensee completes the driver retraining course established in accordance with subsection (d1) of the statute if the license was suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a).
Adds a new provision to subsection (d), concerning suspending licenses as authorized by the statute, to set forth a 90-day pre-suspension notice period for a license suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a). Again, expressly prohibits the DMV from substituting a period of probation for suspension or for any unexpired period of suspension before the licensee completes the driver retraining course established in accordance with subsection (d1) of the statute if the license was suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a).
Eliminates subsection (c1), which permits a district court judge to allow a licensee a limited driving privilege or license for certain first suspensions for a period of no more than 12 months.
Makes conforming changes to GS 20-19 regarding the period of suspension for licenses suspended under subdivisions (9) or (10) of GS 20-16(a).
Effective July 1, 2019, and applies to licenses suspended on or after that date.
| Intro. by Shepard, Torbett, Stevens. | GS 20 |
Part I.
Amends GS 15A-173.2, which sets out a 12-month waiting period before a person may petition the court for a certificate of relief. Adds an exception to the waiting period for a person who provides proof that the individual (1) has been of good behavior during completion of the individuals's sentence or (2) has completed a program to further the individual's education or vocation skills or a program to address the individual's substance abuse or mental health disorder. Applies to petitions filed on or after December 1, 2019.
Part II.
Amends GS 15A-152 (concerning civil liability for disseminating certain criminal history information) by adding that the deletion of a criminal history record by a private entity in the business of compiling and disseminating such information is done without charge to the person who is the subject of the record. Specifies that criminal history record information includes any photo taken of a person pursuant to arrest. Also adds that disseminating information in violation of the statute is an unfair and deceptive trade practice. Effective December 1, 2019.
| Intro. by John, Clemmons, R. Smith. | GS 15A |
Amends GS 135-48.37, GS 44-49, and GS 44-50 to specify that liens held by the State Health Plan for Teachers and State Employees has priority over all nongovernmental medical liens and rights (previously, all nongovernmental liens and rights).
Adds to Section 3 of SL 2018-84, concerning charter schools entering into a withdrawal liability payment plan after electing to cease participation in the Teachers' and State Employees' Retirement System (Retirement System). Establishes that any charter school entering into a withdrawal liability payment plan before June 14, 2023, will have a full three years to complete the payment plan. Adds that the lien priority of the Retirement System over nongovernmental liens and rights that have attached to the applicable property on or after the effective date of SL 2018-84 applies during the entire period of the payment plan. Sunsets Section 3 of SL 2018-84 (which provides for the withdrawal liability payment plans rather than one lump sum payment for charter schools ceasing participation in the Retirement System) on June 14, 2023.
Requires the Department of Administration (Department) to conduct study as title indicates. The study is to address at least nine enumerated issues, including reviewing the State's current procurement statutes, policies, procedures, and programs; examining misrepresentations as to qualified businesses and performing audits; and analyzing additional programs to help historically underutilized businesses secure bid bonds executed by State-licensed corporate sureties. Requires the Department to report its findings and recommendations to the General Assembly and the specified NCGA committee and division by May 1, 2020.
Appropriates $1 million in nonrecurring funds for 2019-20 from the General Fund to the Department to contract with a private entity to conduct the study.
Effective July 1, 2019.
Removes the ten-year statute of repose set out in GS 1-47 for actions against registered land surveyors or any person acting under the surveyor's supervision and control for physical damage or for economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting.
Amends GS 1-52, modifying the three-year statute of limitations for certain actions against registered land surveyors or any person acting under the surveyor's control. Now provides for the three-year statute of limitations to apply to actions against any professional land surveyor or any person acting under the surveyor's supervision or control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. Deems the cause of action for physical damage to accrue at the time of the occurrence of the physical damage giving rise to the cause of action; all other causes commence within seven years from the specific last act of the defendant in the performance of the surveying or platting giving rise to the cause of action. Defines surveying and platting.
Includes a severability clause.
Provides that the act is effective when it becomes law and applies to actions filed, arising, or pending on or after that date. Clarifies that an action is pending for a plaintiff if there has been no final disposition with prejudice and mandate issued against that plaintiff issued by the highest court of competent jurisdiction where the claim was timely filed or appealed as to all the plaintiff's claims for relief to which this act otherwise applies.
| Intro. by Arp, Torbett, Brody, Richardson. | GS 1 |
Identical to S 562, filed 4/2/19.
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 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 that is 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 infraction dismissed or by automatic court order for crimes or infractions resulting in a funding 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 persons 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 Morey, Hardister, Clemmons. | GS 15A |
Adds the following provisions pertaining to members of the Teachers' and State Employees' Retirement System, the Judicial Retirement System, and the Legislative Retirement System (GS 135-5, GS 135-65, and GS 120-4.22A, respectively).
Provides a 1% increase of the retirement allowance from and after July 1, 2019, calculated from the allowance payable on June 1, 2019, for beneficiaries whose retirement commenced on or before July 1, 2018, and prorated based upon the number of months that a retirement allowance was paid for beneficiaries whose retirement commenced after July 1, 2018, but before June 30, 2019.
Also provides a one-time cost of living supplement payment to be made on or before October 1, 2019, to or on account of beneficiaries who are living as of September 1, 2019, and whose retirement commenced on or before September 1, 2019. Sets the payment amount at 1% of the retirement allowance payable on September 1, 2019, and does not require prorating for the date of retirement. Requires payment to the member's legal representative if the beneficiary dies before the payment is made. Clarifies that no member is deemed to have acquired a vested right to any future supplemental payments.
Appropriates from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments (Reserve) $48 million in recurring funds for each of the 2019-20 and 2020-21 fiscal years to implement the adjustment.
Appropriates from the General Fund to the Reserve $37 million in nonrecurring funds for the 2019-20 fiscal year to implement the one-time supplement. Authorizes the Retirement Systems Division of the Department of the State Treasurer to increase receipts from the retirement assets of the corresponding retirement system or pay costs associated with administration of the payment directly from the retirement assets.
Effective July 1, 2019.
Amends GS 47F-2-117 and GS 47C-2-117 as title indicates.
Identical to S 507, filed 4/2/19.
Amends GS 42-28, regarding summons for summary ejectment issued by the clerk of superior court. Provides for the plaintiff to elect to have the clerk return the summons to the plaintiff or forward the summons to the sheriff for service. Limits the election to counties with 250,000 or more residents as of the most recent decennial federal census. Authorizes the plaintiff to extend the action pursuant to GS 1A-1, Rule 4(d), if the magistrate severs the claim for monetary damages pursuant to GS 7A-223(b1) (concerning where personal service was not achieved for one or more defendants).
Amends GS 42-29 regarding service of summons for summary ejectment. Applicable only to service for summary ejectment proceedings in counties with 250,000 or more residents as of the most recent decennial federal census, authorizes a process server to effectuate proper service upon the defendant for summary ejectment by mailing a copy of the issued summons and signed complaint to the defendant no later than the end of the business day of the next business day after receipt of the summons and complaint, or as soon as practicable at the defendant's last known address in a stamped addressed envelope provided by the plaintiff. Also requires the process server to then deliver a copy of the summons and the complaint to the defendant by affixing the copies to some conspicuous part of the premises claimed and making due return showing compliance with the provisions in the form of an affidavit of service setting forth the time, place, and manner of service in compliance with the provision. Defines process server to mean any person over the age of 21 years who is not a party to the action, who is not related by blood or marriage to a party to the action or to a person to whom service is to be made, and who is hired by the plaintiff or the plaintiff's agent or attorney for the purpose of serving the summons and complaint for summary ejectment. Defines officer to mean the sheriff of the county where the subject premises is situated. Clarifies that the definitions given apply to the article only with respect to service for summary ejectment proceedings in counties with 250,000 or more residents as of the most recent decennial federal census.
Applies to actions for summary ejectment filed on or after October 1, 2019.
| Intro. by Hardister, Szoka, Richardson, Cunningham. | GS 42 |
Identical to S 570, filed 4/3/19.
Directs the Department of Health and Human Services (DHHS) to enter into capitated contracts with at least two prepaid dental plans for the provision of dental services to Medicaid and NC Health Choice recipients consistent with the goals of Medicaid transformation outlined in SL 2015-245 (Medicaid Transformation and Reorganization) as amended. Requires DHHS to consult with the Joint Legislative Oversight Committee on Medicaid and NC Health Choice on the terms and conditions of the requests for proposals (RFPs) for the solicitation of bids for statewide capitated contracts for the provision of services, in accordance with GS 12-3(15). Requires contracts to be the result of the submission of competitive bids by prepaid dental plans resulting from the RFPs, and details the minimum provisions the contracts must include. Directs DHHS to oversee, monitor, and enforce capitated dental services contract performance.
Clarifies that the intent of the General Assembly is that the transition to the provision of dental services under capitated contracts will coincide with Medicaid transformation provided for in SL 2015-245, as amended. Directs DHHS to ensure the act's implementation is in line with the implementation of Medicaid transformation. Requires DHHS to submit to the Centers for Medicare and Medicaid Services (CMS) any necessary waiver applications and State Plan amendments to accomplish the act's requirements no later than January 1, 2020.
| Intro. by Dobson, Lambeth, White, Richardson. | UNCODIFIED |
Requires the Department of Health and Human Services (DHHS) to ensure Medicaid and NC Health Choice coverage of telemedicine and telepsychiatry services provided through a Federally Qualified Health Center (FQHC), and requires that these services be considered core services. Requires DHHS to provide Medicaid and NC Health Choice reimbursement for telemedicine and telepsychiatry services provided through an FQHC through the prospective payment system (PPS) at 100 percent of the PPS rate. Requires DHHS to ensure Medicaid and NC Health Choice coverage of clinical pharmacist practitioner services provided through a Federally Qualified Health Center. Requires DHHS to amend the specified coverage policy as is necessary to implement the act. Requires DHHS to submit any necessary waivers or amendments to the Centers for Medicare and Medicaid Services. Effective January 1, 2020.
| Intro. by Dobson, Lambeth, Insko. | UNCODIFIED |
Requires the Department of Information Technology; Government Data Analytics Center; Administrative Office of the Courts; and the Department of Public Safety, Division of Adult Correction and Juvenile Justice (Departments) to conduct a study identifying criminal justice data elements collected and maintained by jails, courts, and prisons. Requires collaboration with specified entities. The study is to identify gaps in and accessibility of data to researchers and stakeholders and identify solutions using an integrated tool or other system. The study is to examine eight specific issues, including current methods of collecting, recording, maintaining, and searching the data and best practices of other states that collect local-level criminal justice data and integrate it with court and other state-system data. Requires the Departments to report findings and recommendations to the specified NCGA committees by March 15, 2020.
| Intro. by R. Turner, McGrady, McNeill, Faircloth. | STUDY |
Includes whereas clauses.
Requires the Department of Health and Human Services, Division of Child Development and Early Education (Division), to conduct study as title indicates as well as a county-by-county assessment of additional local challenges. Findings from the study are to be used to facilitate achieving the goal of enrolling 75% of eligible children in each county. Requires the Division to report its findings and recommendations to the specified NCGA committees by February 1, 2020.
| Intro. by Horn, Dobson, Black, Strickland. | STUDY |
Amends GS 62-155, which allows certain electric public utilities to offer an approved incentives program to residential and nonresidential customers to install specified solar energy facilities. Increases the program incentive limits, now setting the limit at 10,000 kilowatts (kW) of installed capacity annually from January 1, 2018, until December 31, 2019 (was, until December 31, 2022), and at 20,000 kW of installed capacity annually starting January 1, 2020, until December 31, 2022, with incentives based upon the installed alternative current nameplate capacity of the generators. Increases the limits for nonresidential installations from 5,000 kW in aggregate starting January 1, 2018, until December 31, 2019, and at 10,000 kW in aggregate starting January 1, 2020, and continuing until December 31, 2022 (was, limited to 5,000 kW in aggregate for each of the years of the incentive program).
Additionally, establishes caps for rebate amounts at 30 cents per kW of installed capacity for residential installations; 75 cents per kW of installed capacity for nonprofit organization installations; and 25 cents per kW of installed capacity for all other nonresidential installations. Effective January 1, 2020.
| Intro. by Goodwin, Hunter. | GS 62 |
Identical to S 28, filed 2/6/19.
Repeals Section 8.22 of SL 2013-360 and Section 8.3 of SL 2014-100, regarding the phase out of certain advanced-degree-based salary supplements for teachers and instructional support personnel.
Specifies certain teachers and instructional support personnel eligible to be paid on the "M" salary schedule or receive a salary supplement for academic preparation at the six-year degree level or at the doctoral degree level for the 2019-20 school year and subsequent school years. Includes: (1) certified school nurses and instructional support personnel in positions for which a master's degree is required for licensure; (2) teachers and instructional support personnel who were paid on the schedule or received the salary supplement prior to the 2014-15 school year; (3) teachers and instructional support personnel who complete a degree at the specified degree level for which they completed at least one course prior to August 1, 2013, and would have qualified for the salary supplement pursuant to State Board of Education policy TCP-A-006, as it was in effect on June 30, 2013; and (4) teachers who do not otherwise qualify under the act but spend at least 70% of their work time in classroom instruction related to their graduate field or subject area of licensure with remaining time spent on mentoring teachers, performing demonstration lessons, writing curricula, and/or developing and leading staff development programs.
Requires an annual determination beginning with the 2019-20 fiscal year as to whether a teacher who is paid on the M salary schedule under the fourth category, described above, should be paid on the M salary schedule or receive a salary supplement. Permits removal or discontinuance if the requirements of the fourth category for eligibility are not being met.
Specifically prohibits teachers and instructional support personnel who earn an advanced degree in school administration from being paid on the "M" salary schedule or receiving a salary supplement for academic preparation unless the individual qualifies under specified provisions of the act.
Effective July 1, 2019.
| Intro. by Hawkins, Clemmons, Gill, von Haefen. | UNCODIFIED |
Creates a 13-member Opportunity Gap Task Force (Task Force). Members are to include three representatives and three senators appointed by the Speaker of the House and President Pro Tem respectively, and other members are to include the President of the NC System of Community Colleges and the Superintendent of Public Instruction. Directs the Task Force to study the opportunity gap, approaches to closing the gap in grades K-12, and plans to reduce it for described subgroups by July 1, 2030. Enumerates 12 elements to be considered in the study, including teacher development and innovative budgeting. Lists 12 entities invited to provide input to the Task Force, including parents, principals, and teachers affected by the opportunity gap and organizations that have demonstrated success in dealing with the opportunity gap. Sets out meeting, quorum, and other administrative requirements. Requires that the Task Force report to the specified NCGA committee by September 1, 2020. The Task Force is to terminate on the earlier of the filing of the final report or September 1, 2020.
| Intro. by Blackwell, Brockman, Horn, Meyer. | STUDY |
Amends GS 62-2 to require the Utilities Commission to determine annually whether broadband services provided by public utilities are sufficiently competitive and reports its findings to the specified NCGA committees and division.
| Intro. by Queen, Rogers, Sasser, Yarborough. | GS 62 |
Requires the Department of Public Safety, working with the North Carolina Sentencing and Policy Advisory Commission, local reentry councils, community-based organizations, and the State Personnel Commission, to use community corrections caseload data to study criminal recidivism rates, tools to reduce recidivism, resources needed for the implementation of tools, and the possibility of probation-parole officer payment increases based on decreased recidivism rates. Allows an interim report to the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2020, and requires a final report by December 1, 2020. Terminates upon the earlier of December 1, 2020, or the filing of its final report.
| Intro. by Clemmons, McNeill, Hardister, Graham. | STUDY |
Enacts new GS 95-25.12A to require any employer providing job protected sick leave for employees to allow an employee to use, in any calendar year, their employee's accrued and available sick leave (as defined) entitlement to attend to the care of a family member (as defined) for no more than five consecutive days, subject to the same restrictions placed on the use of employee sick leave. Specifies that this does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993. Exempts from the statute (1) any benefit provided under an employee welfare benefits plan subject to the federal Employee Retirement Income Security Act of 1974 or (2) any insurance benefit, workers compensation benefits, unemployment compensation disability benefit, or other benefit not payable from the employer's general assets.
Amends GS 95-241 to prohibit taking retaliatory action against an employee for filing a claim, inquiry, or any other action with respect to new GS 95-25.1A.
Effective October 1, 2019.
| Intro. by Clemmons, Grange, Carney. | GS 95 |
| Intro. by Clemmons. | STUDY |
Requires the Program Evaluation Division, in consultation with the Department of Military and Veterans Affairs, to study the extent to which the provisions of GS 93B-15.1 (Licensure for individuals with military training and experience; proficiency examination; licensure by endorsement for military spouses; temporary license) have improved the ability of military-trained applicants and military spouses to become licensed by occupational licensing boards in the State. Specifies six issues to be considered, including whether the criteria in the statute should be expanded to allow for the licensure of more military-trained applicants and military spouses; the feasibility and effectiveness of including a question about military status, including status as a military spouse, on applications for licensure; and providing training for at least one employee in the Department of Military and Veterans Affairs on the licensure process in the statute and considering how to disseminate information about this employee's availability to applicants. Requires a report to the specified NCGA committee and to the Department of Military and Veterans Affairs by February 1, 2020.
| Intro. by Grange, Bell. | STUDY |
Creates an 18-member Joint Legislative Study Committee (Committee) as title indicates. Members are to be appointed by the Speaker of the House, the President Pro Tem, and minority leaders of both chambers. Directs the Committee, in its study, to examine alternative conditions of release or pretrial release systems that are not contingent on payment to secure release and the use of GPS monitoring or house arrest in lieu of appearance bonds. Sets out meeting and administrative requirements. Allows the Committee to submit an interim report to the General Assembly by August 1, 2019, and requires a final report by December 31, 2019, at which point the Committee terminates.
| Intro. by Montgomery, Morey, Beasley. | STUDY |
Creates an 18-member Commission as title indicates. Directs the study to consider multiple issues relating to the State prison health care system, including medical tracking systems in use, whether the system would benefit from a centralized governing body, and whether uniform standards would result in increased outcomes and reduced costs. Allows the Commission to report to the General Assembly in an interim report by August 1, 2019, and requires a final report by December 31, 2019. Terminates Commission the earlier of December 31, 2019, or the filing of its final report.
| Intro. by Montgomery. | STUDY |
Identical to S 494, filed 4/2/19.
Amends GS 20-24.1 (revocation of drivers' license for failure to appear or pay fine, penalty or costs for motor vehicle offenses) by adding to subdivision (a)(2) the requirement that before revoking a license upon failure to pay a fine, penalty, or court costs as ordered by the court, there must be a court order at sentencing supported by findings of fact that the person is able to pay and there is good cause to suspend the person's license if the person fails to pay. Modifies subsection (b) by removing costs from several subdivisions, and adding new subdivision (5) as one of several enumerated conditions, any one of which need to be met before a license may be restored; subdivision (5) adds that a license revoked for failure to pay a fine, penalty, or court costs under subdivision (a)(2) remains revoked until 12 months have passed since revocation. Amends subsection (c) to exclude from the requirement of paying a restoration fee a person who is indigent. Makes other minor, non-substantive changes, including making some language gender-neutral.
Modifies GS 20-24.2 (court to report failure to appear or pay fine, penalty, or costs) by making clarifying changes.
| Intro. by Montgomery, Logan. | GS 20 |
Identical to S 305, filed 3/19/19.
Makes changes to GS Chapter 9B, Occupational Licensing Boards.
Modifies and adds to the Chapter's definitions set out in GS 93B-1. Modifies the definition of occupational licensing board to include any board, committee, commission, or other state agency which is established for the purpose of regulating the entry of persons into, and the conduct within (was, and/or the conduct within), a particular profession or occupation, which is authorized to issues licenses. Maintains that the term does not include State agencies, staffed by full-time State employees, which as a part of their regular functions can issue licenses. Adds the term State agency licensing board, and defines the term to include any State agency, staffed by full-time State employees, which as part of their regular functions issue licenses. Includes a nonexclusive list of ten State agency's licensing boards and the profession or occupation for which the board, agency, or officer can issue licenses.
Amends GS 93B-2, adding to the information occupational licensing boards must annually file with the Secretary of State, Attorney General, and specified NCGA Committee: (1) the number of applicants, and of that number, the number of applicants granted a license and (2) the number of applicants with a conviction record, and of that number, the number granted a license, denied a license for any reason, and denied a license because of a conviction. Creates an annual reporting requirement for State agency occupational licensing boards, to be filed annually no later than October 31 of each year, and to include the same information as that added to the occupational licensing board reports.
Amends GS 93B-8.1, adding State agency licensing boards to the scope of the statute regulating licensing boards' use of criminal history records. Further amends the statute to prohibit a board from automatically denying licensure on the basis of an applicant's criminal history (no longer qualified by a contrary controlling provision of the particular board), and now prohibits any board from denying an applicant a license based solely on conviction for a crime of moral turpitude. Modifies a board's authority to deny a license on the basis of a criminal conviction, now authorizing denial based on a criminal conviction only if the board determines that the public's safety and general welfare could be adversely affected if the board issued the applicant a license, based on the eight (existing) factors the board must consider (previously allowed a board so authorized to deny a license based on any criminal conviction or commission of a crime involving fraud or moral turpitude, verified by criminal history record, if the board determined the denial warranted after consideration of the eight factors). Adds a new requirement for a board that denies an applicant a license to: (1) make written findings specifying which of the eight factors the board deemed relevant to the applicant and explaining its reasoning for the denial, signed by the board's presiding officer; (2) provide a signed copy of the written findings to the applicant within 30 days of the denial; and (3) retain a signed copy of the written findings for no less than five years. Adds a new requirement for each board to include in its application for licensure and on its public website: (1) whether the board requires applicants to consent to a criminal background check; (2) the eight factors the board must consider when making a determination of licensure; and (3) the appeals process pursuant to GS Chapter 150B if the board denies licensure in whole or in part because of a criminal conviction. Grants an applicant denied licensure the right to a rehearing on the issue before the board if the applicant has relevant evidence regarding the applicant's qualifications not previously considered by the board. Makes conforming changes to the act, removing the exemptions provided for the NC Criminal Justice Education and Training Standards Commission and the NC Sheriffs' Education and Training Standards Commission.
Makes conforming changes to reflect the new provision prohibiting any board from denying an applicant a license based solely on conviction for a crime of moral turpitude to the following statutes: GS 83A-15 (concerning architects); GS 85B-4 and GS 85B-8 (concerning auctioneers); GS 87-47 (concerning contractors); GS 89C-21 (concerning engineers and surveyors); GS 90-14 (concerning physicians and physician assistants); GS 90-30 and GS 90-41 (concerning dentists); GS 90-113.44 (concerning substance abuse professionals); GS 90-121.2 (concerning optometrists); GS 90-154 (concerning chiropractors); GS 90-187.8 (concerning veterinarians); GS 90-202.8 (concerning podiatrists); GS 90-210.25 and GS 90-210.69 (concerning funeral service professions); GS 90-210.123 (concerning crematories); GS 90-229 (concerning dental hygienists); GS 90-249.1 (concerning dispensing opticians); GS 90-270.7 (concerning Psychology Board members); GS 90-270.15 (concerning psychologists); GS 90-270.60 (concerning marriage and family therapists); GS 90-270.76 (concerning occupational therapists); GS 90-270.103 (concerning physical therapists); GS 90-340 (concerning professional counselors); GS 90-363 (concerning dietitians and nutritionists); GS 90-390 (concerning fee-based pastoral counselors); GS 90-631.3, GS 90-632.15, and GS 90-633 (concerning massage and bodywork therapy schools, establishments, and therapists); GS 90-659 (concerning respiratory care practitioners); GS 90A-64 (concerning environmental health specialists); GS 93A-6 (concerning real estate brokers); GS 93A-38 (concerning real estate schools); and GS 93E-2-8 (concerning real estate appraisal management companies).
Further amends GS 90-30, concerning dentists, to remove the Board of Dental Examiners' authority to deny a license to any person guilty of a crime involving gross immorality. Further amends GS 90-121.2, concerning optometrists, to remove the Board of Examiners in Optometry's authority to deny a license to a person who has engaged in immoral conduct as to discredit the optometry profession.
Effective October 1, 2019.
Identical to S 350, filed 3/25/19.
Amends GS 115C-426 concerning the budget format to be used by local school administrative units. Provides that the uniform budget format allows other funds (other than the State Public School Fund, local current expense fund, and capital outlay fund) to be used to account for trust funds, federal grants restricted as to use, and special programs. Deletes the provision that allowed other funds to be used to account for reimbursements, including indirect costs, fees for actual costs, tuition, sales tax revenues distributed using the ad valorem method, sales tax refunds, gifts and grants restricted as to use, trust funds, federal appropriations made directly to local school administrative units, municipal appropriations made directly to local school administrative units, and funds received for prekindergarten programs. Also deletes the provision specifying that the appropriation or use of fund balance or interest income by a local school administrative unit must not be construed as a local current expense appropriation included as a part of the local current expense fund.
| Intro. by Yarborough, Saine, Brody. | GS 115C |
Identical to S 364, filed 3/26/19.
Repeals GS Chapter 23, Articles 1 (Assignments for Benefit of Creditors) and 2 (Petition of Insolvent for Assignment for Creditors). Repeals GS Chapter 1, Article 38 (Receivers).
Enacts new Article 38A, North Carolina Receivership Act, in GS Chapter 1. Defines terms as they are used in the Article. The Article applies to receiverships pursuant to any provisions of the General Statutes as well as any receiverships instituted under common law and the equitable power of the law.
Excludes from the scope of the Article any receivership in which the receiver is a state agency or in which the receiver is appointed, controlled, or regulated by a state agency. Prohibits a trust other than a business trust and an estate of a deceased natural person, missing person, or absentee in military service from being a debtor in a receivership under the Article.
Gives the court appointing a receiver the exclusive authority to direct the receiver and determine all controversies relating to the receivership or receivership property, wherever it is located.
Allows a receivership to be either a limited receivership or a general receivership. Provides that if the order appointing the receiver does not specify the type, then the receivership is a limited receivership unless and until the court by later order designates otherwise. Allows the type of receivership to be converted by court order at any time.
Allows a receiver to be appointed by filing a civil action by a creditor or other party in interest in which the sole relief requested is the appointment of a receiver or is combined with, or is ancillary to, a civil action seeking a money judgment or other relief, or in the case of a limited receivership, is part of a power of sale or judicial foreclosure proceeding. Provides that the court may appoint a receiver in such an action with notice to the debtor, all other parties to the action, any judgment creditor who is seeking the appointment of a receiver in any other action, and other parties in interest and other persons as the court may require.
Allows a Superior Court or District Court judge to appoint a receiver for a debtor that is an individual; limits who may appoint one for all other debtors to a Superior Court judge. Allows a limited receiver to be appointed before judgment to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, if the property or its revenue-producing potential is being subjected to or is in danger of waste, loss, dissipation, or impairment, or has been or is about to be the subject of a voidable transaction. Allows a limited or general receiver to be appointed in a judgment or after judgment to carry the judgment into effect, to preserve nonexempt property pending an appeal, when an execution has been returned unsatisfied and the debtor refuses to apply the property in satisfaction of the judgment, or in an action for which a receiver may be appointed on equitable grounds. Also allows a receiver to be appointed when a person that is not a natural person meets any of the eight specified criteria, including that the person is insolvent, the person is in imminent danger of insolvency, or the person suspends its business for want of funds. Allows a limited receiver to be appointed, in like cases, of the property located within this state of foreign persons. Person is defined in the Article to include both natural persons and entities such as corporations, limited liability corporations, partnerships, and other entities recognized under state law.
Specifies that an order appointing a receiver does not create a trust.
Allows any person, regardless of residency, to service as a receiver as long as the court makes written conclusions based on the record that the person is qualified to serve as receiver and officer of the court and is independent as to any party in interest and the underlying dispute. Sets out information that the court must consider when determining a receiver’s qualifications and in determining whether a receiver is independent.
Requires a receiver to give bond, in the sum, nature, and with conditions determined by the court.
Provides that a receiver is entitled to all defenses and immunities provided by the state laws for an act or omission within the scope of the appointment. Prohibits suing a receiver personally for an act or omission in administering receivership property without the approval of the court that made the appointment. Allows a party or party in interest to conduct discovery of the receiver concerning any matter relating to the receiver's administration of the receivership property after obtaining an order authorizing the discovery.
Gives the receiver the power to: (1) take possession of, collect, control, manage, conserve, and protect receivership property with or without the assistance of the sheriff of the county in which the receivership property is located as reasonably necessary; (2) incur and pay expenses incidental to the receiver's exercise of the powers or otherwise in the performance of the receiver's duties; (3) assert rights, claims, causes of action, or defenses that relate to receivership property; and (4) seek and obtain instruction from the court with respect to any matter relating to the receivership property, the exercise of the receiver's powers, or the performance of the receiver's duties. Sets out nine additional powers that are given to a general receiver. Imposes upon a receiver the duties to: (1) act in conformity with the laws of this state and the rules and orders of the court; (2) avoid conflicts of interest; (3) not directly or indirectly pay or accept anything of value from receivership property that has not been disclosed and approved by the court; (4) not directly or indirectly purchase, acquire, or accept any interest in receivership property without full disclosure and approval by the court; (5) to otherwise act in the best interests of the receivership and the receivership property.
Give the receiver the powers and priority as if it were a creditor that obtained a judicial lien at the time of appointment on all of the receivership property, subject to satisfying the recording requirements as to real property that are described in the statute.
Assigns the debtor with the duties to (1) assist and cooperate fully with the receiver in the administration of the receivership and the receivership property and the discharge of the receiver's duties, and comply with all rules and orders of the court; (2) immediately upon the receiver's appointment, deliver to the receiver all of the receivership property in the debtor's possession, custody, or control; (3) supply to the receiver information as requested relating to the administration of the receivership and the receivership property; and (4) remain responsible for the filing of all tax returns. Sets out actions the court may take if a person knowingly fails to perform these duties.
Allows the receiver to employ professionals to assist in carrying out the receiver’s duties; sets out provisions governing such employment. Provides for compensation of the receiver and any professional retained from the receiver from the receivership property. Sets out facts and circumstances that the court is to consider when determining reasonable compensation.
Allows the court to order the debtor or general receiver to file within 60 days of appointment, or earlier, a schedule of (1) all receivership property and exempt property of the debtor, describing specified information about the property and (2) a schedule of all creditors and taxing authorities and regulatory authorities along with specified information about these entities and their claims.
Sets out notice requirements for general receiverships.
Sets out the process under which a party in interest may make an appearance in a receivership. Requires the receiver to periodically file an updated list containing contact information for the debtor, receiver, person joined as parties to the receivership, person known to have asserted a claim or an interest in any part of the receivership property, and all persons who have filed a notice of appearance.
Sets out requirements for service. Provides that where a provision in this Article, an order issued in the receivership, or a court rule requires an objection or other response to a motion or application within a specific time, and no objection or other response is interposed, the court may grant the relief requested without a hearing. Also provides that where a provision of this Article allows, as to administrative matters, or where it otherwise appears that no party in interest would be materially prejudiced, the court may issue an order ex parte or based on an application without a motion, notice, or hearing.
Sets out requirements the receiver must meet concerning the preparation and retention of records as well as interim reporting requirements that the court may order.
Provides conditions under which the court may remove a receiver, and provides for appointment of a successor.
Allows the court to discharge a receiver and terminate the receivership if the court finds that the appointment was improvident or that the circumstances no longer warrant continuation of the receivership. Allows assessing specified fees and damages against a person who sought a receiver’s appointment if the court finds that the appointment of the receiver was sought wrongfully or in bad faith. Requires the receiver to file a final report upon distribution or disposition of all receivership property or upon completion of the receiver’s duties and requires requesting that the court approve the final report and discharge the receiver. Sets out requirements for the final report.
Allows the receiver to sue in the receiver's capacity and allows the receiver to be sued in that capacity; sets out provisions governing venue, joinder, and the effect of judgments in such suits.
Sets out conditions under which a receiver can demand a person or debtor turn over property or owed debt to the receiver. Sets out the process for compelling the turnover of receivership property.
Allows a receiver to apply in a foreign jurisdiction for appointment as a receiver with respect to any receivership property located in a foreign jurisdiction. Sets out provisions governing foreign receivers seeing to obtain appointment by a court in this state with respect to property located in this state.
Gives the court appointing the receiver control and supervision over all receivership property and allows the court to order stays to protect the property and facilitate administration of the receivership. Provides that the entry of an order appointing a receiver operate as a stay, applicable to all persons, of an act, action, or proceeding: (1) to obtain possession of receivership property, or to interfere with or exercise control over receivership property, or enforce a judgment against receivership property, other than the commencement or continuation of a judicial, administrative, or other action or proceeding to enforce any lien having priority over the rights of the receiver in receivership property and (2) any act to create or perfect any lien against receivership property, except by exercise of a right of setoff, to the extent that the lien secures a claim that arose before the time of appointment. Sets out additional acts that are stayed by the entry of an order appointing a general receiver and sets out the duration of such stays. Sets out nine actions that are not stayed by the entry of an order appointing a receiver.
Sets out provisions governing the provision of utility services to receivership property.
Allows a receiver, without court order, to obtain unsecured credit and incur unsecured debt on behalf of the receivership. Sets out the process under which the receiver may be authorized by the court to obtain secured credit or incur secure indebtedness.
Allows a receiver, with court approval, to adopt or reject an executory contract of the debtor that is part of the receivership property. Sets out further provisions governing such contracts, including termination of executory contracts, assignments of executory contracts, actions that may be taken upon rejection of an executory contract for the sale of real property, and circumstances under which a receiver may not reject an unexpired lease of real property under which the debtor is the landlord.
Allows a receiver, with court approval, to use receivership property other than in the ordinary course of business. Allows the court to authorize the transfer of receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition. Allows the court to order that the receiver's sale of receivership property is free and clear of all liens and all rights of redemption and claims of exemption of the debtor, regardless of whether the sale will generate proceeds sufficient to satisfy fully all liens and claims of exemption on the receivership property, except when specified criteria are met. Sets out the timing for a secured party holding a lien and a debtor claiming an exemption in the receivership property to be sold that will not be paid in full from the proceeds of the proposed sale to file an objection to the receiver's motion. Sets out additional provisions governing the transfer of property.
Allows a receiver, with court approval, to abandon receivership property that is burdensome or not of material value to the receivership.
Sets out provisions governing a claims process. Allows a receiver of party in interest to file an objection to a claim. Provides the order of priority to be given claims.
Provides that the holder of each allowed unsecured claim is also entitled to interest to the extent that funds are available to pay in full the allowed unsecured claims.
Includes requirements for a distribution schedule and providing notice of the schedule.
Sets out limitations on the effect of a request by a secured party for the appointment of a receiver, the appointment of a receiver, or the application by a secured party of a receivership property to the secured obligation.
Amends GS 7A-45.4 by allowing an action in which a general receiver is sought to be appointed for a debtor that is not an individual and has assets with a fair market value of no less than $1 million to be designated as a mandatory complex business case. Require the notice of designation to be filed in such an instance by the debtor, any person with a lien on receivership property, or any creditor of the debtor.
Amends GS 57D-3-02 to provide that a person ceases to be a member of a limited liability company upon the execution of an assignment for the benefit of creditors under any applicable law or upon the appointment of a general receiver for the person.
Amends GS 23-38 to provide that an order of discharge under any Article of GS Chapter 23 (Debtor and Creditor) must declare that the debtor must be exempted from arrest or imprisonment on account of any judgment, or by reason of any debt due at the time of such order, or contracted for before that time though payable afterwards, except that (1) no debt, demand, judgment or decree against a debtor who is discharged will be affected or impaired by the discharge, but the same must remain valid and effective against all of the debtor’s property acquired after discharge and the appointment of a trustee, and the lien or any judgment or decree upon the debtor’s property must not in any manner be affected by the discharge and (2) the body of the debtor is free from arrest or imprisonment at the suit of every creditor, as to him only, to whom the notice required may have been given.
Amends GS 7A-249 by making conforming changes.
Applies to receiverships commenced on or after January 1, 2020.
Identical to S 483, filed 4/2/19.
Amends GS 42A-3, which sets out the scope of GS Chapter 42A, the Vacation Rental Act. Adds that the provisions of GS 160A-424 (concerning cities) and GS 153A-364 (concerning counties) regarding inspections for hazardous or unlawful conditions also apply to properties covered under the Vacation Rental Act.
| Intro. by D. Hall, Lewis, Arp. | GS 42A |
As title indicates. Effective July 1, 2019
| Intro. by D. Hall, Jones, Setzer, K. Hall. | UNCODIFIED |
Identical to S 394, filed 3/27/19.
Amends GS 28A-15-4 regarding encumbered assets of a decedent's estate to replace usage of "encumbrance" with "underlying debt." Amends GS 35A-1103 to clarify that the clerk's jurisdiction over incompetency proceedings is subject to the rules set forth in Article 2 (jurisdiction) of GS Chapter 35B (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act). Amends GS 30-15 to allow a surviving spouse to claim the spousal yearly support allowance only if, at the decedent's death, either the decedent or the surviving spouse was a resident of this state. These provisions become effective upon the date the law becomes effective and apply to decedents dying, estates filed, and pleadings filed on or after that date.
Enacts new GS 1-56.1 clarifying that there is no statute of limitation for an action to reform, terminate, or modify a trust pursuant to GS 36C-4-410 through GS 36C-4-416. Applies to all trusts created before, on, or after the effective date of this act, and to all judicial proceedings concerning trusts commenced on or after the act's effective date.
Amends GS 36C-2-203 to require any action to reform or modify a trust to include a term providing for the removal and replacement of the trustee by one or more beneficiaries or other persons. Amends GS 36C-4-411 to add new subsection (h) clarifying that aside from modification of a trust in subsection (a), the rest of the statute does not permit a modification of a trust to remove or replace a trustee, including the addition of trust terms for removal or replacement of a trustee by one or more beneficiaries or other persons. These provisions are effective when the law becomes effective and apply to trusts created before, on, or after that date and to pleadings filed on or after that date.
Contains whereas clauses.
Directs the Department of Public Instruction (Department) to contract for a detailed study on the feasibility and advisability of extending certain teacher contracts from 10 to 11 months in order to provide teachers with more opportunities for professional development and improve student achievement. Sets out the categories of teachers to which the extended-year contracts would be available, as: (1) teachers with an initial professional license, (2) master teachers, (3) teachers assigned to schools identified as low-performing, and (4) certain teachers holding a current professional license.
Directs the Department to issue an RFP and select a consultant for the study. Details the information that the RFP must require of the proposals, including (1) the composition of the team of persons that will perform the study, (2) the criteria for selecting and employing a third-party person to work alongside the study team, and (3) a description of the report that will be submitted at the conclusion of the study. Requires the Department to issue an RFP for the study by September 15, 2019, and for proposals to be submitted by October 15, 2019. Directs the Department to select a contractor to perform the study by December 15, 2019. Requires the selected consultant to report the study's results to the State Board and the Joint Legislative Education Oversight Committee by April 15, 2020.
Appropriates $100,000 in nonrecurring funds from the General Fund to the Department for the 2019-20 fiscal year to be awarded to the consultant selected by the Department for the expenses associated with the study.
Effective July 1, 2019.
Creates the Joint Legislative Study Committee on the Inclusion of Career and College Readiness Coursework in School Performance Grades (Committee) consisting of three members of the House of Representatives appointed by the Speaker and three members of the Senate appointed by the President Pro Tem. The Committee is to make recommendations regarding issues such as different ways to include in high school performance grades participation and success in courses that result in college credit and how doing so would impact school performance grades statewide. Sets out meeting, quorum, and administrative requirements. Requires that the Committee report to the General Assembly by April 1, 2020, at which time the Commission will terminate.
| Intro. by Blackwell, Clemmons, Horn, Hardister. | STUDY |
The Daily Bulletin: 2019-04-17
Senate committee substitute to the 1st edition makes the following changes.
Amends proposed GS 87-43.2(c), which sets out electrical contractor licensure requirements, to clarify that that Article 4 does not limit the ability of a licensee who is regularly employed by a local board of education, a hospital, or a nonprofit organization exempt from taxation to maintain an individual license or to contract or perform work at the direction of the local board of education, a hospital, or nonprofit for any building or facility owned or in possession of that entity, regardless of whether all or a portion of the building or facility is being leased or otherwise provided for another entity or event.
Senate committee substitute to the 1st edition makes the following changes.
Deletes the previously proposed changes to GS 131D-2.15 and now provides the following. Amends GS 131D-2.15 to remove the requirement of the Department of Health and Human Services (DHHS) to ensure that adult care home facilities conduct and complete a resident assessment annually subsequent to within 72 hours after admission. Now requires the facility to use an assessment instrument approved pursuant to rules adopted by the Medical Care Commission rather than approved by the Secretary upon the advice of the Director of the Division of Aging and Adult Services. Now requires the facility to conduct an assessment to develop appropriate and comprehensive service plans and care plans within 30 days of admission (was, to use the resident assessment to develop the plans, with no distinct time frame). Now permits a facility to use a service plan that was completed within 35 days of the resident's admission to the facility and represents the results of an assessment to determine the resident's eligibility for personal care services under the Medicaid State Plan to fulfill the activities of daily living portion of any service plan or care plan required under the statute, as amended, or any rules adopted under Article 1, Adult Care Homes; exempts such a facility from conducting an assessment of the resident's ability to perform activities of daily living within 30 days of resident admission. Makes organizational and clarifying changes to the statute.
| Intro. by Hise, Bishop, Krawiec. | GS 131D |
Senate committee substitute to the 1st edition makes the following changes. Changes the act's long title. Amends the act's whereas clauses.
Amends proposed GS 117-18.1(d) to more specifically exempt from the two previously identified conditions the separate business activities of an electric membership corporation that forms, organizes, acquires, holds, disposes of, or operates any interest in a separate business entity that provides or supports high-speed broadband services to one or more households, businesses, or community anchor points in an unserved area (previously did not limit the exemption to such entities that provide or support the services in an unserved area). Defines unserved area to mean a location where inhabitants or businesses do not have access to high-speed broadband services. Makes organizational changes.
Modifies proposed GS 117-28.1 to now allow any easement owned, held, or otherwise used by an electric membership corporation for the purpose of electrification, as stated in GS 117-10, to also use the corporation, or its wholly owned subsidiary (previously did not specify wholly owned), for the ancillary purpose of supplying high-speed broadband service (previously did not specify ancillary purpose). Adds a limitation requiring that the use cannot require additional construction and must be ancillary to the electrification purposes for which broadband fiber is or was installed. Makes conforming changes to more specifically refer to wholly-owned subsidiaries.
| Intro. by Brown, Newton, Woodard. | GS 117 |
Senate committee substitute to the 1st edition makes the following changes. Modifies the proposed changes to GS 136-69 to allow a cartway, tramway, or railway to be wider than the current limit of 18 feet in width, but no more than 30 feet in width. Removes the proposed qualification of a determination by a jury of view that it is necessary or alternatively that there is good cause (existing language requires a determination that the expansion is necessary, reasonable, and just). Makes conforming changes to the long title.
| Intro. by McInnis, Gunn, Wells. | GS 136 |
Senate committee substitute to the 1st edition deletes the proposed changes to GS 143B-135.16, which established seven State Park rules punishable as an infraction.
| Intro. by Wells, Hise, Daniel. | GS 143B |
Senate committee substitute to the 1st edition makes the following changes.
Further amends GS 1A-1, Rule 40, of the Rules of Civil Procedure. Specifies instances of good cause for continuances in superior court to include instances where a party, witness, or counsel has an obligation of service to the State including any service in carrying out any duties as a member of the General Assembly or service on the Rules Review Commission (was, service as a member of the General Assembly or the Rules Review Commission).
Makes conforming changes to GS 15A-952, concerning considerations for judges in determining whether to grant continuances, to include for good cause instances in which the defendant, witness, or counsel of record has an obligation of service to the State, including any service in carrying out any duties as a member of the General Assembly, or service on the Rules Review Commission or any other board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly (reflecting the combined changes made to GS 1A-1, Rule 40 of the act).
Changes the effective date from October 1 to December 1, 2019.
Amends the act's titles.
Senate committee substitute to the 1st edition makes the following changes.
Amends proposed GS 115C-302.4 to modify the definition of a high-need retired teacher to mean a a beneficiary of the Teachers' and State Employees' Retirement System of North Carolina who: (1) retired on or before February 1, 2019, after attaining the age of at least 65 with five years of creditable service, the age of at least 60 with 25 years of creditable service, or 30 years of creditable service and (2) is reemployed by a local board of education (rather than a local school administrative unit) to teach at a high-need school. Specifies that the statute prohibits giving high-need retired teachers State salary supplements or bonuses, or salary increases (previously did specify State supplements, bonuses or increases). Adds a new requirement for a high-need retired teacher to receive any local salary supplements that are given to employees of the local board of education. Makes conforming changes to the proposed changed to GS 135-3 to refer to high-need teachers employed by local boards of education rather than local administrative units. Makes conforming and technical changes to the directives set out in Section 5 regarding the conditional repeal of the act.
Senate amendment to the 2nd edition makes the following changes.
Places the responsibility for studying creating a North Carolina veteran registry with the Department of Information Technology but allows for consultation with the Department of Military and Veterans Affairs and the NCGA Program Evaluation Division he (was, study by the Department of Military and Veterans Affairs in consultation with the Department of Information Technology and the NCGA Program Evaluation Division). Makes conforming changes. Changes the act's long title.
| Intro. by D. Davis, Sanderson, Burgin. | STUDY |
Senate committee substitute to the 1st edition makes the following changes.
Makes technical and organizational changes to the act.
Section 2
Modifies the changes to GS 115C-83.6 concerning the proposed requirement to develop an Individual Reading Plan (IRP) for students identified as below grade level to clarify that the identification of such students is to be by the first diagnostic or formative assessment of the school year or of the second semester of the school year.
Modifies the directives set forth in Section 2(b) of the act. Specifies that the printable activities to be provided to students who do not have digital access at home and to all students as a supplement to digital resources is to be provided by the local school administrative unit.
Section 3
Makes technical changes to the directives regarding the convening of a task force to develop a Comprehensive Plan to Improve Literacy Instruction (Plan).
Amends GS 115C-83.4 to require the State Board of Education (State Board) to adopt the Plan developed by the task force convened pursuant to the act. Requires the Plan to reflect the requirements of the act and include clear goals to ensure that literacy instruction provided in public schools is evidence-based, designed to improve outcomes for children in gaining early literacy skills, and consistently delivered by teachers. Requires the Plan to include strategies on using the latest research on evidence-based instruction that lead to student learning and the components essential to early learning success and preparation for educators in literacy instruction, as described. Directs the Superintendent of Public Instruction in consultation with the State Board to biennially report to the specified NCGA committee by October 15 of each even-numbered year on the Plan implementation, evaluation, and revisions (previously was a State Board reporting requirement pertaining to reading achievement). Makes conforming changes to the statute and eliminates proposed GS 115C-291.1(9a) (previously in Section 5 of the act). Modifies the proposed changes to GS 115C-296.5 and GS 115C-269.20 (in Sections 4 and 5 of the act, respectively) to refer to the Plan as defined or as provided in GS 115C-83.4 rather than GS 115C-291.1.
Section 8
Makes technical changes to the directive requiring the State Board to analyze the passage rate for alternative assessments in order to determine the comparative utility of each alternative assessment based on data collected pursuant to GS 115C-83.10 (previously, qualified that the statute referenced was amended by SL 2018-5).
Section 9
Makes clarifying changes to the directive requiring the Department of Public Instruction (DPI) to create a uniform template for all data collected pursuant to Part 1A, Article 8, GS Chapter 115C (Read to Achieve Program), beginning with data collected during the 2013-14 school year and each subsequent school year. Requires data values to be compiled for each data component for each school year beginning with the 2013-14 school year (previously did not specify the school year) and reported to the specified NCGA committee as previously specified. Amends the proposed changes to GS 115C-83.6 to no longer require the data values for the prior three consecutive years to be provided for EVAAS (Education Value-Added Assessment System) analysis.
Section 10
Modifies Section 10 to permit students attending reading camp, for reading camps corresponding to the 2019-20 school year, to be taught by retired classroom teachers of K-3 grades (was, unlicensed retired classroom teachers of K-3 grades), based on demonstrated outcomes or improvement of difficulties as specified.
Section 11
Directs the Superintendent of Public Instruction, rather than DPI, to contract with NC State to continue the Wolfpack Works pilot program during the 2019-20 and 2020-21 school years from the funds appropriated to DPI for the 2019-21 fiscal biennium for the Excellent Public Schools Act, Read to Achieve Program. Allows a contract extension, and the use of funds to expand the pilot program by collaborating with other constituent institutions, if determined in the best interest of students in the state, as determined by the Superintendent, rather than DPI. Maintains the reporting requirements prescribed for DPI. Makes technical changes.
| Intro. by Berger. | GS 115C |
Senate committee substitute to the 1st edition makes the following changes. Makes organizational changes to the proposed changes to GS 143B-1225 and deletes the proposed cost restrictions for Class I-A, I-B, and IV scholarships. Instead, amends GS 143B-1226 to include in the benefit restrictions set out for a Class I-B scholarship the costs of short-term workforce training courses leading to industry credentials. Eliminates the proposed changes to GS 143B-1227 concerning scholarship administration. Adds that the provisions apply to scholarships awarded beginning with the 2019-20 academic year.
| Intro. by D. Davis, Ballard, Britt. | GS 143B |
Senate committee substitute to the 1st edition makes the following changes. Amends the act's long and short titles.
Creates the Disaster Relief Cash Flow Loan Fund (Fund) in the Department of Transportation (DOT). Directs the State Controller to transfer $90 million in nonrecurring funds from the unreserved balance of the General Fund to the Fund for the 2018-19 fiscal year. Now specifies that the funds allocated to the Department of Transportation (DOT) under Section 4.1 of SL 2018-136, previously directed to be transferred to the General Maintenance Reserve, instead be transferred to the Fund. Appropriates from the unreserved balance in the General Fund to the Fund for the 2018-19 fiscal year a sum equal to the amount of funds used by DOT under Section 34.3(b) of SL 2018-5, which authorizes DOT to use up to $30 million in the nonrecurring funds appropriated by the act to the General Maintenance Reserve to cover costs of a described time-critical economic development project in Edgecombe County. Repeals Section 34.3(d) of SL 2018-5, which requires for each fiscal year of the 2021-2023 and 2023-2025 fiscal biennia, 25% of the funds used by DOT under subsection (b) to be appropriated in nonrecurring funds from the General Fund to the General Maintenance Reserve.
Maintains the use provisions previously provided and applies them to the use of funds in the Fund, and explicitly restricts use of the funds to the authorized uses provided. Maintains the limitation on Fund expenditures to ensure eligibility for federal disaster funds. Modifies the repayment and reversion provisions to now require DOT to transfer $60 million to the Office of the State Controller upon the later of either reaching the $300 million total aggregate limit set out for the Fund or June 30, 2021, for deposit in the Savings Reserve, with the remaining balance in the Fund transferred to the Highway Fund. Closes the Fund upon the transfers. Modifies the reporting requirements to include submission of the reports to additional NCGA committees. Adds a new requirement for the report to specify the source of funds for expenditures and for which disaster the funds were expended.
| Intro. by Rabon, Harrington, J. Davis. | UNCODIFIED |
Senate committee substitute to the 1st edition makes the following changes.
Amends proposed GS 115C-174.12(d1) by amending the second condition under which the local board of education is required to submit a plan to eliminate certain local standardized testing, to be when the number of hours required for students to complete the test exceeds the State average (was, State combined average) over the prior two-year period. Adds a requirement that the State Board of Education waive the requirement that a local board develop and submit a plan if the Board finds that the local board has made significant progress toward reducing local testing to the State average. Changes the effective date of the changes to GS 115C-174.12 so that they apply beginning with reports issued in 2020 based on data from the 2019-20 school year.
| Intro. by Tillman, Ballard, Sawyer. | GS 115C |
The Daily Bulletin: 2019-04-17
The Daily Bulletin: 2019-04-17
Actions on Bills: 2019-04-17
H 126: PAY INCREASES/STATE HIGHWAY PATROL. (NEW)
H 130: ALLOW GAME NIGHTS.
H 151: KATELYN'S LAW.
H 253: CONFIRM JAMES GILLEN/INDUSTRIAL COMMISSION.
H 254: CONFIRM KEN GOODMAN/INDUSTRIAL COMMISSION.
H 289: POW/MIA SPECIAL REGISTRATION PLATE.
H 323: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.
H 325: OPIOID EPIDEMIC RESPONSE ACT. (NEW)
H 350: DESIGNATE NC TIME ZONE/OBSERVE DST ALL YEAR.
H 363: CRAFT BEER DISTRIBUTION & MODERNIZATION ACT.
H 389: ABC/UNIV ATHLETIC FACILITY.
H 437: EDUCATION ON THE HOLOCAUST AND GENOCIDE.
H 449: HANDICAPPED & SPECIAL REGISTRATION PLATES (NEW).
H 471: EXEMPT DIRECT PRIMARY CARE FROM DOI REGS. (NEW)
H 495: NO MUNICIPAL REG/OFF-SITE WASTEWATER SYSTEMS. (NEW)
H 506: CONFIRM STEVE WARREN/SPECIAL SUP. CT JUDGE.
H 531: PROTECT. TENANTS AT FORECLOSURE ACT RESTORED.
H 537: ALT. HWY USE TAX VEHICLE SUBSCRIPTIONS.
H 546: PROHIBIT COUNTERFEIT/NONFUNCTIONAL AIRBAGS.
H 592: CHECK-OFF CLEAN WATER MGMNT TR. FUND. (NEW)
H 593: JCPC/DETENTION/CAA AND OTHER FEES. (NEW)
H 609: SALARY INCREASES/ADULT CORRECTIONAL EMPLOYEES. (NEW)
H 617: ALLOW REPEAT REFERRAL TO TEEN COURT.
S 55: CONTINUING EDUCATION FOR GENERAL CONTRACTORS.
S 88: ELECTRICIAN REQUIREMENTS FOR CERTAIN ORGS.
S 148: PUBLIC RECORDS/RELEASE OF LEO RECORDINGS.
S 213: HANDICAPPED PARKING DECAL.
S 232: REPEAL DEATH INVEST CONF/MASKS/HEALTH&SAFETY. (NEW)
S 255: STATE BOARD CONSTRUCTION CONTRACT CLAIM.
S 295: STANDARDS OF STUDENT CONDUCT. (NEW)
S 302: UPDATE ACH SVC & CARE PLAN /BD OF NURSING. (NEW)
S 305: OLB REFORM.
S 310: ELECTRIC CO-OP RURAL BROADBAND SERVICES.
S 315: NORTH CAROLINA FARM ACT OF 2019-20. (NEW)
S 320: REGIONAL WATER SYSTEMS AND STATE GRANTS.
S 353: EXPAND CARTWAY PATH/SEPTIC TANK LAWS. (NEW)
S 356: DOT CASH AND ACCOUNTABILITY. (NEW)
S 374: COVID-19/2020-21 SCHOOL CALENDAR START. (NEW)
S 379: RETIREE AMENDMENTS.
S 380: DHHS BLOCK GRANTS. (NEW)
S 381: RECONSTITUTE/CLARIFY BOARDS AND COMMISSIONS. (NEW)
S 390: DUPONT STATE FOREST-FINANCIAL STUDY.
S 391: EXPAND YOUTH INTERNSHIP OPPORTUNITIES.
S 392: VARIOUS CHARTER SCHOOL CHANGES (NEW)
S 395: GRACE FOR CCRC/WAIVE TIME LIMIT FOR ABAWD. (NEW)
S 399: REHIRE HIGH-NEED TEACHERS.
S 404: NORTH CAROLINA FIRST STEP ACT.
S 409: STUDY NC VETERANS REGISTRY.
S 429: DISASTER RECOVER - 2019 BUDGET PROVISIONS. (NEW)
S 432: OPEN RINKS, ALLEYS, VENUES, STADIUMS. (NEW)
S 438: EXCELLENT PUBLIC SCHOOLS ACT OF 2019.
S 446: ELECTRIC/PLUG-IN HYBRID VEHICLE REG. FEES (NEW)
S 467: SUPPORT FOR USCMA.
S 476: SCHOOL-BASED MENTAL HEALTH. (NEW)
S 478: MODIFY APPOINTMENT REPORTING. (NEW)
S 487: STUDENT MEAL DEBT POLICY.
S 488: DMV/MV DEALER CHANGES. (NEW)
S 500: MODIFY ADVANCED MATH COURSE ENROLLMENT.
S 505: RURAL JOB RETENTION ACT.
S 537: LICENSING & HHS AMENDS & RURAL HEALTH STABLE. (NEW)
S 562: THE SECOND CHANCE ACT.
S 572: UNIVERSITY SYSTEM RISK MANAGEMENT PROVISIONS. (NEW)
S 594: REGISTER OF DEEDS UPDATES.
S 600: VETS CHILDREN/SHORT-TERM WORKFORCE TRAINING.
S 605: HIGHWAY STORM RECOVERY ACT (NEW)
S 606: PRIORITIZE NATIVE NC PLANTS ON HIGHWAY ROW.
S 610: AUTHORIZE NORTHERN PEAKS TRAIL.
S 621: TESTING REDUCTION ACT OF 2019.
Actions on Bills: 2019-04-17
H 204: TOWN OF BEAUFORT/ANNEXATION. (NEW)
H 368: BERMUDA RUN/SPEED RESTRICTIONS.
S 194: WEST JEFFERSON/SALUDA/YANCEYVILLE ANNEX. (NEW)
S 228: WILKES COUNTY FIRE TAX-PROCEDURE.
S 264: LEE CTY MUNICIPALITIES/VOLUNTARY ANNEXATIONS.
S 270: DURHAM DEANNEXATION. (NEW)
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