House committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 143B-1353, which prohibits financial interest of officers within the Department of Information Technology (Department) in sources of information technology supply. Instead, deletes all of the existing language and establishes that the provisions of GS 133-32, which regulates gifts and favors of public works contractors, apply to all Department employees.
Adds the following provisions.
Section 6
Amends GS 143B-1322 and GS 166A-19.12 to require the State Chief Information Officer (State CIO) and the Division of Emergency Management to coordinate to manage statewide response to cybersecurity incidents and significant cybersecurity incidents, as defined. Additionally requires the Division of Emergency management to coordinate with the Adjutant General, and specifically directs the Division to develop and promulgate necessary policies, plans, and procedures for cybersecurity and critical infrastructure protection, and to annually review, update, and test cyber incident response plans and procedures.
Adds to GS 143B-1321 to require that confidentiality be kept for information technology information that is protected from public disclosure under GS 132-6.1(c), including, but not limited to, specified examples provided.
Amends GS 143B-1320 to eliminate the defined terms information technology security incident and security incident. Adds the term cybersecurity incident and defines the term to mean an occurrence that either (1) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system or (2) constitutes a violation or imminent threat of violation of law, security policies, privacy policies, security procedures, or acceptable use policies. Adds the term significant cybersecurity incident and defines the term to mean a cybersecurity incident likely to result in demonstrable harm to the state's security interests, economy, critical infrastructure, or to the public confidence, civil liberties, or public health and safety of residents. Provides factors for determining significant cybersecurity incidents. Makes conforming changes throughout Article 15, Department of Information Technology.
Amends GS 143B-1379 to modify and add to the information all principal department heads and Council of State agency heads must provide to the State CIO. Now includes the full details of all of the agency's significant cybersecurity incidents within 24 hours of confirmation; comprehensive information concerning the information technology security employed to protect the agency's data, including documentation and reporting of remedial or corrective action plans to address any deficiencies in the information security policies, procedures, and practices of the State agency; and a forecast of the parameters of the agency's projected future cybersecurity and privacy needs and capabilities. Additionally requires the department and agency heads to complete mandatory annual security awareness training and reporting compliance for all personnel, including contractors and other users of state information technology systems. Adds a new requirement for county and municipal governments to report cybersecurity incidents to the Department. Provides that the information reported is protected from public disclosure. Additionally, encourages private sector entities to report cybersecurity incidents to the Department.
Expands GS 143B-1376 to charge the State CIO with the responsibility for the security and privacy (was, only the security) of all State information technology systems and associated data. Makes conforming changes. Adds that the State CIO must ensure that agencies are periodically testing and evaluating information security controls and techniques for effective implementation. Additionally requires the State CIO to ensure that all agency and contracted personnel are held accountable for complying with the Statewide information security program.
Amends GS 143B-1378 to require the State CIO to annually assess the ability of each agency and each agency's contracted vendors to comply with the current cybersecurity enterprise-wide set of standards established under the statute. Requires the assessment to estimate the initial cost of implementing necessary security measures for the agency to comply with the standards, as well as the costs over the lifecycle of the State agency information system (previously only required implementation costs).
Section 7
Modifies and adds to GS 143B-1400, which sets forth defined terms applicable to Part 10, Emergency Telephone Service, Article 15. Adds the terms agent, emergency medical dispatch, next generation 911 network, regional PSAP, State Emergency Services IP (ESInet) Network, and telecommunicator. Modifies the terms 911 State Plan, 911 system, communications service, CMRS provider, FCC Order, GIS (rather than GIS mapping), next generation 911 system, and service supplier.
Modifies and adds to the duties of the 911 Board (Board) prescribed in GS 143B-1402. In developing the 911 State Plan, requires the Board to ensure individual public safety answering point (PSAP) plans incorporate 911 call routing in an emergency and coordination with State emergency operations including Telecommunicator Emergency Response Taskforce (TERT). Provides for the adoption of policies, procedures, and rules by the Board to execute its powers and duties. Requires communication of determined policies and procedures and adopted rules to the Executive Director, who has enforcement authority, as enacted. Specifies that only the Executive Director has the responsibility and authority to give operational directives to any Board employee. Requires the Board to distribute revenue in the 911 Fund (Fund) (previously specified distribution to Commercial Mobile Radio Service (CMRS) providers and PSAPs). In establishing policies and procedures to fund advisory services and training programs, requires the Board to include Emergency Medical Dispatch and quality assurance of Emergency Medical Dispatch programs for PSAPs, and in setting operating standards for PSAPs and back-up PSAPs, requires the Board to include minimum staffing and mandatory telecommunicator training and certification requirements for 911 call taking. Adds that the policies, procedures, and standards established for procurement contracts, advisory services, training programs, and operations are subject to the limitations of GS 143B-1406(d), which sets forth restricted use provisions of funds distributed to PSAPs from the Fund. Prohibits the Board from adopting rules that regulate any communications service, including technical standards for communications service providers to process 911 voice and data. Adds the duty of the Board to collect and distribute data from and to PSAPs and communications service providers so long as data distribution is subject to the state public records law and federal privacy laws and regulations. Adds the duty to coordinate, adopt, and communicate all necessary technical and operational standards, and requirements to ensure an effective statewide interconnected next generation 911 network, the State ESInet, including design specifications, processing standards and requirements, and performance measures. Adds the duty to establish and operate a network management center for the State ESInet staffed by the Board to monitor PSAP and communications service provider compliance and State ESInet performance and security testing protocols in coordination with the Department.
Directs the Department Secretary to select an Executive Director of the Board with the advice of the Board. Deems the Executive Director the chief administrative officer of the Board and the State 911 coordinator for purposes of state and federal law and program requirements. Provides qualifications and responsibilities of the Executive Director, including the duty of drafting suggested legislation incorporating Board findings, and executing the Board's policies, powers, and duties subject to appropriations, available funds, and State employment and procurement laws.
Authorizes the Board to meet in the Department offices or in facilities that satisfy the Board's needs and state public meeting laws. Mandates the Department to provide office space for the Board's staff.
Amends GS 143B-1403 to provide for a monthly service charge for each active communications service connection that provides access to the 911 system through a communications provider (was, voice communications service), payable by the subscriber to the service provider of the communications service. Makes conforming terminology changes. Describes the changes as a clarification of existing law, and provides that no subscriber or communications service provider is liable to any person or entity for billing or remitting a different number of 911 service charged than that required by the Part for any services for which a bill is or has been rendered prior to 180 days following the date the act becomes law. Requires service charges imposed to ensure full cost recovery for communications service providers over a reasonable period of time, for monthly distributions to primary PSAPs, and for the State ESInet (previously referred to rates rather than charges imposed and required full cost recovery for communications service providers and for primary PSAPs over a reasonable period of time; did not include cost recovery for the State ESInet). Make conforming changes.
Amends GS 143B-1404 to increase from 2% to 3.5% the amount of the total service charges remitted to the Board under GS 143B-1403 the Board may retain for its administrative expenses. Now requires the Board to allocate 15% rather than 10% of the total service charges to the Next Generation 911 Reserve Fund, and 5% of the total service charges to the PSAP Grant and Statewide Projects Account. Requires the remaining revenues to be allocated for distribution to the primary PSAPs, CMRS providers, or the Accounts establishes in GS 143B-1407 (the PSAP Grant and Statewide Projects Account and the Next Generation 911 Reserve Fund). Makes technical and conforming changes. Makes further conforming changes throughout the remainder of the Part to refer to the Accounts rather than the PSAP Grant and Statewide Projects Account alone.
Amends GS 143B-1405 to require a CMRS provider to request reimbursement from the 911 Fund by presenting a request to the Board within six months prior to the end of the Board's fiscal year and identifying the provider's anticipated qualified expenses for reimbursement during the Board's next fiscal year. Eliminates the provision regarding accrual of interest on deferred payments. Provides for reallocation of excess funds to the Accounts established under GS 143B-1407 if reimbursement amounts to CMRS providers budgeted by the Board for a fiscal year exceed the amount of funds disbursed. Removes the requirement that the Board consider reduction of the service charge if reallocation totals more than $3 million in a calendar year. Makes further technical and conforming changes.
Makes conforming changes to GS 143B-1406 regarding monthly distribution from the 911 Fund to primary PSAPs. Concerning the funding formula, requires the Board to consider any interlocal government funding agreement to operate a regional PSAP (previously did not specify the nature of the interlocal agreement) among other specified considerations in existing law. Specifies that if the Board does not designate an amount to be allocated to the Accounts established under GS 143B-1407, the Board must distribute all remaining funds to regional or primary PSAPs on a per capita basis (previously did not specify which PSAPs). Conditions eligibility to carryforward distributions on compliance with the requirements of subsection (f) of the statute, as modified. Adds that amounts carried forward to the next fiscal year from distributions made by the Board cannot be used to lower distributions unless the monthly distribution amount in subsection (a) is modified based upon the Board's expenditures for Statewide 911 projects or the PSAP's migration to a next generation 911 network (in addition to the exception provided in existing law for when the monthly distribution amount is greater than 20% of the average yearly amount distributed to the PSAP in the prior two years). Modifies the authorized use of distributions to include the lease, purchase, or maintenance of emergency medical, fire, and law enforcement pre-arrival instruction software. Prohibits use of the funds for addressing or service supplier 911 service and other recurring charges supplanted by the State ESInet costs paid by the Board, following the earlier of July 1, 2021, or compliance with new subsection (e1), which mandates implementation of plans to migrate PSAPs to the State ESInet by July 1, 2021. No longer authorizes the use of funds to pay for nonrecurring costs of establishing a 911 system. New subsection (e1) details parameters for the migration of PSAPs to the State ESInet on a regional basis and provides for extension of the deadline for good cause. Details requirements of all communication service providers and State ESInet service providers regarding points of interconnection for routing and delivering 911 calls. Modifies and adds to the compliance provisions set forth in subsection (f) on which the monthly distribution is conditioned. Now requires each PSAP dispatching emergency medical services to develop policies and procedures for implementing an approved Emergency Medical Dispatch program, as specified, by July 1, 2019. Further requires each PSAP to deploy equipment, products, and services necessary or appropriate for receipt and processing of calls for emergency assistance sent by text messages consistent with the specified FCC Order(s). Mandates that every local government participate in a 911 system. Requires that the establishment and operation of Regional PSAPs be a coordinated effort among local governments and the Board. Clarifies that Article 15 does not prohibit or discourage the formation of Regional PSAPs. Additionally, establishes a forty-hour training course requirement for telecommunicators within their first year of employment for persons beginning employment after July 1, 2019, as specified, and establishes a requirement of completion of a medical dispatch course or emergency medical dispatch course for all telecommunicators by July 1, 2020, or within six months of the date of employment if employed after that date.
Amends GS 143B-1407 to require that eligible projects for use of funds from the Accounts be an eligible expense under GS 143B-1406(d) (as amended concerning authorized uses) rather than GS 143B-1406(e) (local funds). Additioanlly, authorizes the Board to provide funds from the Next Generation 911 Fund directly to primary PSAPs (previously did not limit the authority to primary PSAPs) to implement next generation 911 systems.
Makes technical changes to GS 143B-1408 concerning recovery of unauthorized use of funds, to require monies received under the Part rather than the statute to be credited to the 911 Fund.
Makes clarifying and conforming changes to GS 143B-1409 (Conditions for providing enhanced 911 service).
Expands GS 143B-1413 regarding immunity for service and system providers and their employees, directors, officers, vendors, and agents to acts and omissions concerning text-to-911 service. Makes conforming changes.
The Daily Bulletin: 2019-04-25
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The Daily Bulletin: 2019-04-25
House amendment #1 makes a technical correction to the 2nd edition to provide that the first filing of the Corporate Governance Annual Disclosure (CGAD) must be made on or before June 1, 2020.
| Intro. by Setzer, Bumgardner, Corbin. | GS 58 |
House committee substitute makes the following changes to the 1st edition.
Modifies the proposed changes to GS 163A-822, which allows precinct officials to work on election day notwithstanding failure to attend the instructional meeting if the official resides in a county that received a disaster declaration and was displaced as a result of the disaster, to specify that the disaster declaration referenced is a gubernatorial disaster declaration under Article 1A, the NC Emergency Management Act, of GS Chapter 166A.
| Intro. by Speciale. | GS 163A |
House committee substitute to the 1st edition makes the following changes.
Amends GS 143-48.5 to now prohibit State agency purchases and contracts unless the contractor, and the contractor's subcontractors under the contract (previously did not specify subcontractors under the contract), comply with the requirements of Article 2, Verification of Work Authorization, of GS Chapter 64. Deems a board or governing body of the State, institution of State government, or any political subdivision of the State to be in compliance with the statute if the contract includes a term requiring the contractor, and the contractor's subcontractors, to comply with the requirements of Article 2 of GS Chapter 64. Defines employer to mean any person, business entity, or other organization that transacts business in the state and employs one or more employees in the state; excludes State agencies, counties, municipalities, or other governmental bodies from the term.
Repeals GS 143-129(j), which prohibits the award of public contracts by any board or governing body of the State, institution of State government, or any political subdivision of the State unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of GS Chapter 64.
Modifies the proposed changes to GS 143-133.3 to now prohibit any board or governing body of the State, institution of State government, or any political subdivision of the State to enter into a contract subject to Article 8, Public Contracts, unless the contractor, and the contractor's subcontractors under the contract, comply with the requirements of Article 2 of GS Chapter 64 (previously did not specify that the prohibition applies to contracts subject to Article 8). Eliminates the proposed changes requiring verification of work authorization for each employee through E-Verify. Makes conforming changes. Defines employer as the term is defined in GS 143-48.5, as amended.
Expands GS 64-27 through GS 64-30 and GS 64-33.1, regarding complaints of alleged violations of GS 64-26 (Verification of employee work authorization), to make the provisions applicable to complaints of alleged violations of GS 143-48.5, as amended.
House committee substitute to the 1st edition makes the following changes. Amends GS 20-140.4 by decreasing the penalty for violations of GS 20-140.4 from $25.50 to $25. Makes additional clarifying changes. Changes the effective date of the act to December 1, 2019 (was, October 1, 2019).
| Intro. by Torbett. | GS 20 |
House committee substitute makes the following changes to the 2nd edition.
Modifies the membership of the On-Site Wastewater Task Force (Task Force) to include one member from the NC Environmental Health Supervisors Association rather than one member from the NC Association of County Commissioners, and one member representing the NC Board of Examiners for Engineers and Surveyors with experience in designing on-site wastewater systems rather than one member from the Professional Engineers with the same experience. Modifies the requirements of the Task Force's report to now include recommendations on new rules to prevent the implementation of rules and ordinances, and enforcement against the use of on-site wastewater treatment and dispersal systems in non-sewered areas of the state (was, new rules to prohibit municipalities from prohibiting the design and installation of on-site wastewater treatment and dispersal systems).
Modifies proposed GS 130A-336.2 as follows.
Adds to the required content of the Notice of Intent to Construct the Authorized On-Site Wastewater Evaluator's name, certification number, mailing address, email address, and telephone number; an evaluation of soil conditions and site features conducted and signed and sealed by a licensed soil scientist or for geologic or hydrogeologic conditions by a licensed geologist (previously, a soil evaluation conducted and signed and sealed by a licensed soil scientist or licensed geologist); and a plat or site plan (previously required a plat with no alternative). Specifies that the owner can apply for the building permit for the project upon the decision of completeness of the Notice of Intent by the local health department, or if the local health department fails to act within the five business day time period previously provided. Removes the provision authorizing the Evaluator to employ technologies not yet approved in the state. Now requires the Evaluator's designs, plans, and specifications to allow for the installation of an Accepted system in lieu of a conventional system, if applicable, in accordance with the Accepted system approval.
Modifies the required documents the Evaluator must provide the owner at the post-construction conference to now include a signed and sealed copy of the reports on soil conditions and site features (was, soil and site evaluations), layouts, drawings, specifications, justifications on any proposed design daily flow reductions (previously not included), and any special inspection reports or corrections made during construction.
Makes a clarifying change to the remedies provisions of subsection (p) to refer to certified water pollution control systems operators as described in subdivision (i)(2).
Clarifies that the NC On-Site Wastewater Contractors and Inspectors Certification Board has the exclusive authority to promulgate rules regarding certification of Evaluators where review and seal of a professional engineer is not necessary under the statute.
House committee substitute to the 1st edition makes the following changes.
Amends proposed GS 20-313(d), regarding notification of any lienholders holding a perfected security interest in a vehicle following its towing and storage due to operation without the required financial responsibility, to now require a person in custody of the vehicle to also allow a lienholder access to the vehicle upon presentation of an electronic lien system title of the vehicle (was only upon presentation of a copy of the title).
| Intro. by Cleveland, Pittman. | GS 20 |
House 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 Arp, Szoka, Lewis, Hunter. | GS 117 |
House committee substitute to the 1st edition makes the following changes.
Places the proposed uncodified language establishing the North Carolina Golf Council (Council) into new Part 23, Promotion of Golf, Article 10, GS Chapter 143B, and makes the following modifications and additions. Adds to the duties of the Council to require the Council to also advise the Secretary of the Department of Commerce with recommendations on fostering economic growth and advancing the growth of high school golf (was, limited to such growth of recreational, collegiate, and professional golf). Now provides for the removal of Council members by the respective appointing authority for misfeasance, malfeasance, or nonfeasance. Deems the Council a covered board for purposes of ethics and lobbying laws under Subchapter II of GS Chapter 163A.
Amends GS 120-123 to prohibit any legislator from serving on the Council.
Changes the act's effective date to July 1, 2019 (was, on the date the act becomes law).
House committee substitute to the 2nd edition makes the following changes.
Further amends GS 14-34.7, concerning assaults on a law enforcement officer, probation officer, parole officer, National Guard member, or detention facility employee, and GS 14-223, concerning resisting officers. Now establishes that it is an affirmative defense to prosecution under either statute that the conduct giving rise to the charge was the result of a mental health or behavioral health disability (previously, prohibited prosecution of conduct resulting from a verifiable diagnosis made by a qualified behavioral health professional of a medical condition or a mental health or behavioral health disability). Additionally, clarifies that no law enforcement officer who charges a person for an offense under either statute is subject to civil liability so long as the officer was acting in good faith (previously, limited civil immunity to an officer who charges a person in good faith who is thereafter determined to be subject to the proposed mental health/behavioral health disability exception).
Modifies the proposed punishments for resisting officers under GS 14-223 to make it a Class A1 misdemeanor rather than a Class H felony to willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of his or her office if the person inflicts physical injury on the officer.
| Intro. by Faircloth, McNeill, Ross, Boles. | GS 14 |
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title. Makes clarifying changes to proposed GS 62-110(g)(1b), which authorizes the Utilities Commission (Commission) to approve a flat rate to be charged by a water or sewer utility for the provision of water or sewer services for contiguous dwelling units rather than a rate based on metered consumption.
| Intro. by Shepard, Grange, Hurley, Hardister. | GS 62 |
House amendment #1 to the 3rd edition changes the effective date of the act as follows. Provides that Section 1(a) of the act, which amends GS 90-210.25, is effective when the act becomes law and applies to licenses granted on or after that date. Provides that the remainder of the act, Sections 1(b) through 1(g), 2 and 3, are effective June 30, 2019, and apply to cremations on or after that date (previously, provided for an effective date of October 1, 2019, for the entire act).
House committee substitute makes the following changes to the 1st edition.
Makes organizational changes to the proposed changes to GS 160A-413.5(a)(3). Now requires the licensed architect or engineer's certification of compliance with the Building Code or Residential Code to include the contractor's license number and the street address of the job location (was, only the contractor's name, and the job location and street address). Makes further conforming and clarifying changes. Modifies subsection (d) to include in the examples given of a component, a foundation and a prepared underslab with slab-related materials without concrete. Deletes the proposed additions to the definition of component in GS 160A-413.5(d)(1).
Modifies proposed GS 160A-372(f1) (concerning city subdivision control ordinances) and GS 153A-331(f1) (concerning county subdivision control ordinances) to prohibit an ordinance from requiring a developer or builder to bury power lines that existed above ground (previously did not specify above ground) at the time of the first approval (rather than submission) of a plat or development plan to the city or county that are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan. Makes technical changes. Modifies the proposed changes to GS 160A-381 and GS 153A-340 to clarify that a city or county zoning ordinance cannot set a minimum square footage of any structures subject to regulation under the Residential Code for One- and Two-Family Dwellings (previously referenced all of the limitations set out in proposed GS 160A-372(f1) and GS 153A-331(f1) respectively, including the limitations regarding power line burial). Makes clarifying and organizational changes. Changes the effective date for these provisions (Section 3 of the act) to July 1, 2019 (was, when the act becomes law).
Modifies the proposed additions to GS 143-138. Now directs the Building Code Council to conduct a cost-benefit analysis for all proposed changes to the NC Energy Conservation Code considered after January 1, 2018 (was, of all proposed changes to the NC Energy Conservation Code based on a five-year period for calculating return on investment of the proposed change and the impacts of the proposed change on the energy efficiency of the entire structure). Limits the permitting exception under the Building Code or any approved local variant for any construction, installation, repair, replacement, or alteration of temporary motion picture, television, and theater stage sets and scenery to those being used for less than one year in one location. Also requires inspection of the stage sets and scenery by the assigned fire code inspector. Directs the Building Code Council to create a fire code inspection checklist. Makes organizational changes.
Eliminates the directive for the Building Code Council to study options for use by builders of demolition debris for additional uses at the construction site.
Deletes the proposed changes to GS 160A-423 and GS 153A-363 and instead adds a new subsection to each statute to allow a permit holder to request and be issued a temporary certificate of occupancy so long as the conditions and requirements of the Building Code are met (previously, prohibited cities and counties from adopting or enforcing a local ordinance, resolution, or any other policy that requires compliance with any conditions or requirements other than those required by the Building Code for a temporary certificate of compliance). Makes conforming changes and makes language gender-neutral.
Modifies and adds to the proposed changes to GS 160A-417 and GS 153A-357. Specifies that the statutes do not require a city or county to review and approve proposed residential building plans submitted to it pursuant to the Building Code (previously referenced plans submitted pursuant to a specific section of the Code). Now requires a city or county to perform a review, if it chooses, of residential building plans within 15 business days of the submission (was, within two days of the submission of sealed plans by an engineer or architect, or within five days of submission for all others). Additionally, prohibits cities and counties from requiring building plans for One- and Two-Family Dwellings to be sealed by a licensed engineer or architect unless required by the Building Code. Makes clarifying changes.
Deletes the proposed changes to GS 83A-13 to exempt from architectural license specifications for certain institutional or commercial buildings.
Modifies the proposed changes to GS 143-355.4 to now require the property owner to select and install a testable backflow preventer (rather than prevention device) appropriate for the level of risk associated with the irrigation system and which meets the Plumbing Code requirements (previously, that meets the Plumbing Code requirements for the appropriate level of risk or other identified risk associated with the irrigation system) when required as part of the separate meter required by the statute. Makes conforming changes. Changes the effective date of these changes to July 1, 2019 (rather than October 1, 2019), and makes the changes applicable to existing municipal or county ordinances. Further, deems void and unenforceable any municipal or county ordinance inconsistent with the changes.
Changes the effective date of the proposed extension of the sunset of Section 6 of SL 2018-29 from October 1, 2019, to the date the act becomes law.
Directs the Department of Insurance to issue a guidance paper by October 1, 2019, to promote uniformity in plan review and interpretations of the Building Code for cities and counties that require review of building plans for structures subject to regulation under the Residential Code for One- and Two- Family Dwellings. Effective when the act becomes law.
Concerning the Building Code Council's study of additional uses of debris at construction sites, requires the Council to consult with the Department of Environmental Quality. Modifies the study provisions to more generally refer to "debris" rather than "demolition debris." Changes the effective date to the date the act becomes law (was, October 1, 2019).
Makes conforming and organizational changes to the act.
Amends GS 105-277.1C, which provides for a disabled veteran property tax exclusion for the first $45,000 of the appraised value of the permanent residence. Modifies the exclusion to provide two distinct calculations of the tax exclusion based on the disabled veteran's qualifying eligibility criteria. Now excludes the first $45,000 of the appraised value of the residence from taxation for a disabled veteran or their surviving spouse who, as of January 1 preceding the taxable year for which the exclusion is claimed, had received benefits under specified federal law (concerning acquisition and adaptation of housing for eligible veterans) for something other than a service-connected, permanent, and total disability (previously, qualification by receipt of benefits under the specified federal law was not distinguished by the type of benefits). Distinctly, now provides for an exclusion of the greater of the first $55,000 of or 50% of the appraised value of the residence for a disabled veteran or their surviving spouse who meets the existing qualifying criteria, except that qualification by receipt of benefits under the specified federal law must be for service-connected, permanent, and total disability.
| Intro. by Majeed, Grange, Martin, Alexander. | GS 105 |
Appropriates $5 million in recurring funds from the General Fund to the Department of Public Instruction (DPI) for 2019-20 to provide lunch at no cost to any student eligible for reduced-price lunch in a public school unit (local school administrative unit, regional school, charter school, innovative school, or a laboratory school). Sets out the process for allocating the funds. Allows the State Board of Education to authorize funds appropriated to State Aid for Public Schools if these appropriated funds are insufficient to achieve the stated purpose. Requires DPI to include information on the cost of implementing this section in any request to the NCGA for budget adjustments related to enrollment growth.
Enacts new GS 115C-264.5 prohibiting public schools from publicly identifying or stigmatizing a student who cannot pay for a meal or who owes a meal debt, with requiring the student to wear a wristband or hand stamp listed as an example of such prohibited conduct. Requires a school to direct communications about a student's meal debt to a parent or guardian and not the student.
Effective July 1, 2019, and applies beginning with the 2019-20 school year.
Amends GS 115C-263 (Required provision of services), requiring local boards of education to provide school nutrition services in schools in their jurisdiction, including breakfasts and lunch at no cost to students (currently, requires local boards to provide school food services to the extent practicable). Requires all school nutrition services be in accordance with the standards and regulations established by the Food and Nutrition Service of the United States Department of Agriculture (currently, requires services to be in accordance with the standards and regulations recommended by the Superintendent of Public Instruction and approved by the State Board of Education). Makes conforming changes.
Amends GS 115C-264 (Operation), requiring public schools to participate in the School Breakfast Program and the National School Lunch Program established by the federal government and administered by the Department of Public Instruction (currently, only requires participation in the National School Lunch Program and does not specify administration). Places the program under the jurisdiction of the Division of Safe and Healthy Schools Support, School Nutrition Services, of the Department of Public Instruction (DPI; currently, under the jurisdiction of the Division of School Support, Child Nutrition Services, of DPI, and required the program be in accordance with guidelines established by the Food and Nutrition Service of the United States Department of Agriculture). Adds new provisions directing DPI to allocate sufficient supplementary funds to the local school administrative units to provide free breakfast for every student who elects to receive free breakfast, and free lunch to every student who elects to receive free lunch. Provides that these supplementary funds must be sufficient, taking into account other federal assistance, to ensure that each local school administrative unit is compensated for each participating student up to the federal free meal reimbursement rate. Requires any earnings over the cost of operation of school nutrition services to be used to reduce the cost of food, serve healthier food (currently, serve better food), or provide free breakfast and lunch to students. Clarifies that "cost of operation" means the actual cost incurred in the purchase and preparation of food, the salaries of all personnel directly employed (currently, directly engaged) in providing school nutrition services, and the cost of nonfood supplies. Changes the definition of personnel to mean persons employed in the operation of the school nutrition program in the local school administrative unit (currently, means child nutrition supervisors or directors, bookkeepers directly engaged in food service record keeping, and those persons directly involved in preparing and serving food). Deletes the requirement that any cost incurred in the provision and maintenance of school fund services over and beyond the cost of operation must be included in the budget request filed annually by local boards of education with boards of county commissioners. Makes conforming changes.
Enacts GS 115C-218.4 (Charter school nutrition), allowing charter schools to provide school nutrition services for enrolled students by participating in the federally assisted school nutrition programs. Requires all school nutrition services to meet the same standards and regulations described in GS 115C-263, as amended. Directs DPI to allocate sufficient supplementary funds to the charter school to provide free breakfast for every student who elects to receive free breakfast, and free lunch to every student who elects to receive free lunch. Provides that these supplementary funds must be sufficient, taking into account other federal assistance or programs operated by a local unit, to ensure that the charter school is compensated for each participating student up to the federal free meal reimbursement rate. Amends GS 115C-75.9 to require innovative schools to provide school nutrition services for enrolled students by participating in federally assisted school nutrition programs (was, must participate in the National School Lunch Program). Sets out additional provisions identical to those in GS 115C-218.4 for charter schools. Amends GS 115C-238.72 to require a local school administrative unit identified by resolution to provide school food services to the regional school; no longer limits this requirement to the extent practicable, and requires that it be done in accordance with GS 115C-263. Requires the Department of Public Instruction to allocate supplementary funds to the unit to include eligible students enrolled in the regional school. Makes conforming changes. Amends GS 116-239.8 to require the laboratory school's provision of food services be according to GS 115C-263. Requires the local school administrative until in which the laboratory school is located to administer the School Breakfast Program, in addition to the already required National School Lunch Program for the school. Requires the Department of Public Instruction to allocate supplementary funds to the unit to include eligible students enrolled in the laboratory school.
Enacts new Part 4, The North Carolina School Breakfast and Lunch Fund, in Article 17 of GS Chapter 115C.
New GS 115C-266 establishes the NC School Breakfast and Lunch Fund (Fund) to provide financing for breakfast and lunch for students in public school units, defined as local school units, innovative high schools, regional schools, charter schools, and UNC laboratory schools. Requires the Fund to pay for all expenses for administering the Fund. Provides that any interest generated by the Fund is credited to the Fund. Directs the State Board of Education (State Board) to administer the Fund through DPI. Directs designations made to the Fund by individual taxpayers pursuant to GS 105-159.3 (as enacted) and any voluntary donations made directly to the Fund to be deposited in the Fund. Directs the State Board to annually provide, beginning December 15, 2020, to the Joint Legislative Education Oversight Committee a report documenting and evaluating the administration, implementation, and enforcement of new Part 4. Adds that the State Board must set forth all funds received to date and the expected needs of the Fund in the next school year.
New GS 115C-267 sets out provisions for the administration of the Fund. Requires each participating public school unit to survey its students to determine how many students elect to receive free breakfast or lunch and report the information to DPI within 30 days of the beginning of each school year. Requires DPI to reimburse the public school unit from the Fund within 30 business days of receipt of a request for reimbursement for breakfast or lunch. Sets out further requirements concerning reimbursement. Requires the State Board to use additional State funds provided for funding any shortfall in the Fund for purposes of funding breakfasts and lunches for students electing to receive the meals.
Enacts GS 105-159.3, requiring the Department of Revenue to allocate to the Fund $3 from the income taxes paid each year by each individual with an income tax liability of at least that amount if the individual agrees. Requires that a taxpayer be given the opportunity to agree or object to that allocation, and requires that each individual must have the option to agree or object to the allocation in the case of a married couple filing a joint return. Details information that must be clearly stated to the taxpayer on individual income tax returns regarding this opportunity. Requires the Department to consult with the State Board to ensure that the information given to taxpayers complies with the intent of the statute. Prohibits any software package used in preparing NC income tax returns to default to an agreement or objection of this opportunity to allocate the $3 of the individual's income tax liability to the Fund. Prohibits a paid preparer of tax returns from marking an agreement or objection for a taxpayer without the taxpayer's consent. Sets forth an explanatory statement that must be included in the instruction for individual income tax returns. Effective for taxes imposed for taxable years beginning on or after January 1, 2019.
Appropriates $200 million in nonrecurring funds from the General Fund to DPI for the 2019-20 fiscal year to provide free breakfast and lunches to students in public schools for the 2019-20 school year, and $200 million in recurring funds for the 2020-21 school year to supplement the Fund.
Effective July 1, 2019, and applies beginning with the 2019-20 school year.
Appropriates from the General Fund $15,050,000 in recurring funds for the 2019-20 fiscal year and $25,200,000 in recurring funds for the 2020-21 fiscal year to the Department of Health and Human Services, Division of Child Development and Early Education, to phase in necessary slots in the NC Pre-K Program (Program). Allocates the funds as follows: $10,150,000 for the 2019-20 fiscal year and $20,300,000 for the 2020-21 fiscal year for new Program slots, and $4.9 million for each year of the 2019-21 fiscal biennium for administrative needs for the Program's expansion. Prohibits the Division from requiring children to meet eligibility requirements to participate in the Program beginning with the 2019-20 school year, except for requiring that the Program serve only children who are at least four years old on or before August 31. Effective July 1, 2019.
| Intro. by Brockman, Ball, Meyer, Clemmons. | APPROP |
Directs the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division), to oversee the development and establishment of a two-year opioid pilot program through the Pain Management Team of the Northern Hospital District of Surry County. Directs the Division to consult with the respective local management entity/managed care organization in Surry County. Provides that the pilot program's purpose is to provide opioid disorder treatment and recovery services to uninsured individuals using existing and evolving best practices, including alternative pain management practices. Terminates the pilot program on June 30, 2021. Requires the Division to conduct and submit an evaluation of the pilot program to the specified NCGA committee by December 1, 2021, including a breakdown of expenditures of State funds, the number and demographics of individuals served, outcomes achieved, and recommendations on the program's extension. Appropriates $500,000 in nonrecurring funds to the Division from the General Fund for allocation to the Northern Hospital District of Surry County to establish and operate the pilot program. Effective July 1, 2019.
Appropriates $2.5 million in nonrecurring funds for each year of the 2019-2021 biennium from the General Fund to the Department of Public Instruction (DPI) for a grant to the Triangle Literacy Council to support at least 20 new juvenile literacy centers located in each of the 20 specified counties to serve court-involved and at-risk youth.
Requires the Triangle Literacy Council, in consultation with DPI, to report annually by September 1 of each year following the fiscal year in which funds are spent, to the specified NCGA committee and division.
Effective July 1, 2019.
| Intro. by Stevens. | APPROP |
Appropriates $10,000 in nonrecurring funds for 2019-20 from the General Fund to Hollywood Heights Community Club, Inc. to be used for improvements to the Hollywood Heights Community Center. Effective July 1, 2019.
| Intro. by Lucas, Floyd. | APPROP |
Appropriates $10,000 in nonrecurring funds for 2019-20 from the General Fund to the Town of Spring Lake, to be used for signage, parking and aesthetics at the Spring Lake Veterans Memorial Park. Effective July 1, 2019.
| Intro. by Lucas, Floyd. | APPROP, Cumberland |
Appropriates $25,000 in nonrecurring funds for 2019-20 from the General Fund to the Department of Public Instruction for a grant-in-aid to Augenblick, Palaich and Associates Consulting to make recommendations on how to categorize the allocation of funding for students with disabilities and how to set funding levels for each category. Sets out items that are to be considered and requires examining four specified issues. Requires the recommendations and supporting findings to be submitted to the specified NCGA committee by November 1, 2019. Effective July 1, 2019.
| Intro. by Blackwell, Strickland, Farmer-Butterfield, Hardister. | APPROP |
Enacts new GS 143-128.5 to require that qualified disabled veteran businesses (business that is 51% owned by one or more qualified disabled veterans) are given a 10% preference when bidding on state construction or repair contracts. Mandates that construction or repair contracts be awarded to disabled veteran businesses when such bid is the lowest responsible, responsive bid. Requires qualified disabled veterans to include in the sealed bid proof of military discharge, a service-connected disability, and legal ownership of the business. Notice of eligible competitive bidding contracts should be provided to interested qualified disabled veteran businesses. Appropriates $25,000 in nonrecurring funds for the 2019-20 fiscal year from the General Fund to the Department of Administration, Purchase and Contract Division, to implement the act.
Effective October 1, 2019, and applies to construction or repair contracts submitted thereafter.
| Intro. by Jarvis, Horn, Potts. | GS 143 |
Names the act either the Seizure Safe Schools Act of 2019, or Sam’s Law.
Enacts new GS 115C-375.7 to allow the parent of any student to petition a school unit for the development of a seizure action plan if the student is diagnosed with a seizure disorder and is enrolled in the school unit. Defines school unit as a public school unit or school that meets the requirements of Part 1 (Private Church Schools and Schools of Religious Charter) or Part 2 (Qualified Nonpublic Schools) of Article 39. Public school unit is defined as a local school administrative unit, charter school, regional school, or a school providing elementary or secondary instruction operated by the State Board of Education or the University of North Carolina.
Requires the seizure action plan to be kept on file in the office of a school administrator or school nurse and requires that the plan be available to any school personnel and, with the parent’s permission, any volunteer responsible for supervising the student. Makes the parent and school unit responsible for developing the plan in accordance with policies and procedures developed by the school unit’s governing body and requires the plan to include three specified components. Requires at least one employee in each school in the unit to be trained to administer or assist with administering seizure medication. Requires the governing body of each school to adopt (1) minimum training requirements, consistent with specified training guidelines, for employees and volunteers that may supervise students with seizure disorders if the volunteer elects to receive the training; (2) a policy outlining the requirements of an annual seizure education program for all school personnel having direct contact with students in K-12, which must meet specified requirements; and (3) a policy requiring all principals, guidance counselors, and teachers to complete at least one hour of self-study review of seizure disorder materials each school year. Requires displaying a seizure first aid poster in each school.
Amends GS 115C-12 to require the State Board of Education to develop a policy on seizures.
Amends GS 115C-47 to require each local board of education to adopt a policy on seizures. Amends GS 115C-218.75, GS 115C-238.66, and GS 116-11, and enacts GS 115C-548.5 and GS 115C-556.5 to require charter schools, regional schools, the UNC Board of Governors, private church schools or religious charter schools, and qualified nonpublic schools, respectively, to adopt a policy regarding seizures.
Appropriates $20,000 in nonrecurring funds from the General Fund to the Department of Public Instruction to assist the State Board of Education in the development of its seizure policy and with costs associated with the act.
Effective July 1, 2019, and applies beginning with the 2020-21 school year.
Amends Section 11C.9(a) of SL 2017-57 by amending the purpose of the Foster Care Transitional Living Fund (Fund) as funding and supporting evidence-based transitional living (previously did not specify evidence-based) services that demonstrate positive outcomes for youth, attract significant private sector funding, and advance clinical research (was, lead to the development of evidence-based programs) to serve the at-risk population described in the Section. Amends the use of the Fund to include maintaining, in addition to establishing, an evidence-based transitional living program for youth aging out of foster care. Amends the strategies that are to be used in implementing the specified goals to include a public-private partnership with a commitment by private-sector funding partners to match at least 50% of the funds appropriated to the Fund for the 2019-2021 (was 2017-2019) fiscal biennium for providing Transitional Living Services through the Youth Village Transitional Living Model; requires implementing and evaluating the Youth Villages Transitional Living Model for implementing, in addition to establishing, the first evidence-based transitional living program in the nation. Makes conforming changes. Appropriates $500,000 in recurring, additional funds for each year of the 2019-21 biennium from the General Fund to the Department of Health and Human Services, Division of Social Services, for the continued implementation of the Fund.
Appropriates $350,000 in recurring funds for each year of the 2019-21 fiscal biennium from the General Fund to the Department of Natural and Cultural Resources to support the NC Symphony, with $50,000 to provide access to Symphony performances for public schools without transportation.
Appropriates $250,000 in recurring funds for each year of the 2019-21 fiscal biennium from the General Fund to the Department of Commerce to be allocated to Prospera to provide technical assistance to underserved small businesses in the state.
Appropriates $4.5 million in nonrecurring funds from the General Fund to the UNC Board of Governors to renovate specified buildings at UNC-Charlotte.
Appropriates $5 million for each year of the 2019-21 biennium from the General Fund to the Department of Natural and Cultural Resources to increase funding for the Aid to Public Libraries Fund.
Appropriates $250,000 in nonrecurring funds for 2019-20 from the General Fund to the Department of Natural and Cultural Resources for the NC Kids Digital Library program.
Effective July 1, 2019.
| Intro. by Saine. | APPROP |
Identical to H 277, filed 3/5/19.
Amends GS 105-153.5 to allow a deduction from income tax of up to $50,000 of net business income the taxpayer receives during the taxable year if the taxpayer is a small business, defined as a business whose annual receipts, combined with the annual receipts of all related persons, for the taxable year did not exceed $1 million. Provides that in the case of a married couple filing a joint return where both spouses receive or incur net business income, the maximum dollar amounts apply separately to each spouse's net business income, not to exceed a total of $100,000. Excludes from the term business income any income that is considered passive income under the Internal Revenue Code. Effective for taxable years beginning on or after January 1, 2019.
| Intro. by Farmer-Butterfield, Cunningham. | GS 105 |
Includes whereas clauses.
Enacts new GS 62-30.1 to allow the Utilities Commission (Commission), when it is in the public interest and consistent with providing reliable and safe electric service, to require any electric public utility that provides retail electric service to at least 15,000 in-state retail jurisdictional customers as of January 1, 2019, to apply for federal approval to establish or join a regional transmission entity (RTE) and to transfer the management and control of its transmission assets to the RTE. Defines RTE as an entity established for promoting the efficiency and reliability in the operation and planning of the electric transmission grid and ensuring nondiscrimination in the provision of electric transmission services meeting the minimum criteria established by the Federal Energy Regulatory Commission. Requires the Commission to establish requirements that: (1) promote the reliable planning, operating, maintaining, and upgrading of the transmission systems and any necessary additions; the safe, reliable, and efficient operation of transmission systems; and policies for the pricing and access for service over such systems that are not unduly discriminatory and consistent with the orderly development of competition in the state; (2) are consistent with lawful requirements of the Federal Energy Regulatory Commission regarding the establishment of an RTE; and (3) generally promote the public interest and are consistent with ensuring that consumers' needs for economic and reliable transmission are met and meeting the transmission needs of electric generation suppliers both within and outside the state. This statute does not apply to any electric membership corporation, municipal electric supplier, joint municipal power agency, or any other entity that does not own transmission assets but is authorized to provide retail electric service within the State.
Requires the Commission to solicit a third party to study participation by North Carolina electric utilities in RTEs. Sets out issues that are to be addressed in the study. Requires the Commission, within 90 days following the act’s effective date, to create a stakeholder process to provide comment on the study, with stakeholders including, to the extent feasible, representatives of the 15 named entities. Requires the Commission to establish the final scope and parameters of the study, including at a minimum the four specified issues, including recommendations concerning additional unbundling of electric power generation, transmission, and distribution services associated with the establishment of an RTE. Requires a final report to be made to the specified commission and council by March 1, 2020. Appropriates $750,000 from the General Fund to the Commission to implement these study requirements.
Requires the Commission to open a docket and begin proceedings to determine if participation in or establishment of an RTE is in the public interest within 30 days of submission of the study. Requires that if the Commission determines that participation in or the establishment of an RTE satisfies the standard in new GS 62-30.1, the Commission must issue an order requiring the affected IOUs to submit a proposal for participation in or establishment of an RTE; requires the order with its determination on this matter to be issued no later than September 31, 2020.
Amends GS 105-278.2, which sets forth a tax exemption for real property set apart for burial purposes, with assessment of the property based on certain specified considerations.
Current law excludes from the exemption real property set apart for burial purposes that is owned and held for purposes of sale or rental, or sale of burial rights therein. Modifies subsection (a) to now provide for the exemption of commercial real property set apart for burial purposes owned and held for purposes of sale or rental or sale of burial rights. Details forfeiture of the exemption and liability for past taxes due on the property if the commercial property no longer qualifies as burial property. Requires notification of the Department of Revenue within 14 days of the forfeiture, and requires payment within 30 days of forfeiture, subject to penalties provided in GS 105-236.
Now provides that real property not held for the purposes listed in subsection (a), as amended, that is set apart for burial purposes is exempt from taxation. Maintains the provisions prohibiting a county from denying the exemption to a taxpayer that lacks a survey or plat detailing the exempt property. No longer provides the considerations required for assessment of the property.
Amends the term real property to also include buildings, structures, improvements, and permanent fixtures (was, only land, tombs, vaults, monuments, and mausoleums).
Amends GS 105-282.1 to maintain the provision that does not require an application to be filed for exempt burial property of a taxpayer for real property exempt under existing law (now referenced as GS 105-278.2(b)). Adds commercial burial property to those exempt properties for which a taxpayer can file one application for the benefit with subsequent filing unless changes are made to the property.
Effective for taxable years beginning on or after July 1, 2020.
| Intro. by Strickland, Saine, K. Hall. | GS 105 |
Appropriates $1,725,500 in recurring funds for each year of the 2019-21 biennium from the General Fund to the Department of Health and Human Services, Division of Social Services (Division), to provide a 50% match for participating counties to establish new quality assurance positions for child welfare within county social services offices in the state. Sets out guidelines for allocating the positions based on county population. Requires the Division to implement a comprehensive quality (CQI) improvement training plan that provides all staff with training on the Division's CQI plan, policies, and requirements that provide clarity regarding staff and stakeholder roles in the CQI process. Effective July 1, 2019.
| Intro. by Howard, Henson, Setzer. | APPROP |
Appropriates $200,000 for each year of the 2019-21 fiscal biennium from the General Fund to the Department of Public Instruction (DPI) as a grant-in-aid to the North Carolina Hospitality Education Foundation (Foundation) to provide nationally certified programs in career and technical education focused on developing skills necessary for students to succeed in the hospitality sector. Requires a 1:1 match from the Foundation.
Requires the Foundation, in consultation with DPI, to report annually by April 1 of each year that State funds are spent to the specified NCGA committee and division.
Effective July 1, 2019.
| Intro. by K. Hall, Arp, Saine, Hardister. | APPROP |
Adds new GS Chapter 25D, the North Carolina Lease-Purchase Agreement Act. Sets out definitions and exceptions. Defines a lease-purchase agreement as an agreement for the use of personal property by a consumer for an initial period of four months or less that contains automatic periodic renewals with each payment after the initial period, no provision obligating the consumer to continue use of the property beyond the initial period, and a provision permitting the consumer to become the owner of the property. Makes any agreement meeting this Chapter's requirements exempt from statutes related to a home solicitation sale, a closed-end installment loan, a security interest, or a consumer credit sale. Requires the lessor to make 12 disclosures including the attributes of the payments, a clear statement of the terms of the agreement, and a statement that the consumer may terminate the agreement without penalty. Prohibits lease-purchase agreements from containing a confession of judgment, a negotiable instrument, a security interest, a wage assignment, a waiver of claims or defenses by the consumer, or an authorization to enter the consumer's premises for repossession purposes. Provides for reinstatement of the agreement. Allows parties to renegotiate and extend existing agreements. Provides for advertisement of agreements. Lessors who fail to comply with a requirement imposed with respect to a consumer are liable for specified civil damages. Also sets out liability for failing to comply with the advertising requirements. Requires the lessor to preserve evidence of compliance with the Chapter for at least two years from the date the lease-purchase agreement was executed. Requires actions under the Chapter to commence within one year of the date of the violation, or within six months of the date of the lease-purchase agreement, together with any renewals or extensions, ceases to be in effect, whichever is greater. Sets out allowable defenses.
The above provisions are effective January 1, 2020, and apply to all agreements entered on or after this date.
Establishes the Consumer Lease-Purchase Information Fund in the Office of Consumer Protection of the Department of Justice to be used to enable that Office to provide information and education to consumers regarding the disclosure obligations created by this act.
Appropriates $25,000 in nonrecurring funds for 2019-20 from the General Fund to the Consumer Lease-Purchase Information Fund. Effective July 1, 2019.
Amends GS 122C-171 to increase membership of the State Consumer and Family Advisory Committee (State CFAC) from 21 to 27 members to include adult consumers and family members of consumers of mental health, developmental disabilities, substance abuse, and traumatic brain injury services (previously did not include traumatic brain injury services). Adds a new prohibition to limit membership to no more than 20% of members employed by or who have immediate family members employed by an agency that provides these services.
Increases from one to two members appointed by the President Pro Tempore from each of the three state regions for institutional services (Eastern, Central, and Western) and now requires at least two of the institutional services region appointees to be adult consumers or family members of adult consumers of traumatic brain injury services. Makes identical changes to the appointees of the Speaker and the NC Association of County Commissioners. No longer provides for three appointees by the Council of Community Programs from each of the regions.
Requires current members appointed by the Council of Community Programs to serve the remainder of their terms. Provides for staggered appointment of new members as those current terms expire.
Appropriates $70,000 in recurring funds each for the 2019-20 and 2020-21 fiscal years from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to support the State CFAC.
Effective July 1, 2019.
Appropriates $36,440,895 in recurring funds for 2019-20 and $36,440,895 in recurring funds for 2020-21 from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services for single-stream funding, with funds to be allocated among the local management entities/managed care organizations to restore the recurring reductions to the LME/MCOs that were required in the specified Session Laws.
| Intro. by Insko, Ager, Black, Everitt. | APPROP |
Enacts new GS 115C-81.83 requiring the State Board of Education to review and make necessary changes to the standard course of study for science in K-5 to ensure that it includes lessons on climate change and its impact on the environment, economy, and society in each of those grade levels. Requires the Department of Public Instruction to provide curriculum content on climate change and requires local boards of education to provide professional development on climate change. Applies beginning with the 2020-21 school year.
Appropriates $15 million in recurring funds for 2019-20 from the General Fund to the Department of Public Instruction to restore and expand funding that was eliminated for staff development, to be allocated for professional development of school personnel in K-5 and subject to all laws and policies that are in effect regarding the allocation of staff development funds. Requires the professional development to include instruction on methods of teaching climate change.
Effective July 1, 2019.
| Intro. by Insko, Harrison, K. Smith, Carney. | APPROP |
Blank bill.
| Intro. by Johnson, Lambeth, Saine, McGrady. | APPROP |
Creates a seven-member Commission as title indicates. Directs the Commission's study to consider multiple issues relating to aerospace and intelligent transportation. Requires the Commission, based on the study's results, to organize and implement an eVTOL Summit in the State by July 31, 2020. eVTOL stands for Electric Vertical Takeoff and Landing. Requires that the Commission report to the chairs of the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division of the General Assembly by October 1, 2020.
Appropriates from the Highway Fund to the General Assembly $750,000 in nonrecurring funds for 2019-20 for the study and $500,000 in nonrecurring funds for 2019-20 to be used to implement the eVTOL Summit and administrative costs for the Commission. Funds revert and the act expires on November 1, 2020.
Amends GS 95-25.3 to require local governments to pay employees at least $8.80 per hour or the minimum wage set out in the Fair Labor Standards Act (which may change from time to time), whichever is higher. Effective on Labor Day, 2019.
| Intro. by Farmer-Butterfield, K. Smith. | GS 95 |
Enacts new GS 143B-1337 creating the 11-member Information Technology Strategy Board (Board) in the Department of Information Technology to carry out seven specified duties, including advising the State CIO on policies and procedures to develop, review, and update the State Information Technology Plan, and developing and maintaining a five-year prioritization plan for future business system technology projects. Establishes staggered terms for Board members. Prohibits members from being employed by or serving on the board of directors or other corporate governing body of any vendor providing information systems, computer hardware, computer software, or telecommunications goods or services to the state. Names the State CIO as Board chair. Requires the Board to report on projects that have been recommended, the status of those projects, and the most recent version of its five-year prioritization plan to the specified NCGA committee and division annually by January 1.
Establishes the Information Technology Strategy Reserve (Reserve), consisting of 0.4% of the net State tax revenues, all interest earnings received on monies in the Reserve, and any other funds as directed by the NCGA. Allows the Reserve to be used for business system technology projects recommended by the board and approved by the NCGA, and agency information technology projects and project planning.
Appropriates $1 million in nonrecurring funds for 2019-20 from the General Fund to the Reserve.
Effective July 1, 2019.
Amends GS 105-277.3, which establishes qualifications for agricultural and horticultural lands for the present-use value property tax benefit. Current law qualifies agricultural land used as a farm for aquatic specifies, and all other agricultural land that consists of at least 10 acres that are in actual production, which meets specified income requirements. Additionally, current law qualifies horticultural land consisting of one or more tracts, one of which consists of at least five acres that are in actual production, which meets specified income requirements.
Modifies the specified income requirements as follows. Now requires new applicants for qualification of agricultural or horticultural land for present-use value assessment or applicants for any review of the property's qualification for present-use value assessment that occurs before the property has been assessed at present-value for three years, to show that the property either (1) for the year preceding January 1 of the year for which the benefit is claimed, produced a gross income of at least $1,000, or (2) for the three years preceding January 1 of the year in which the benefit is claimed, produced an average gross income of at least $1,000 (current law only allows for satisfaction of the income requirement by the average gross income over the three preceding years calculation). Requires that, for any review of the eligibility of agricultural or horticultural land for present-use value assessment under GS 105-296(j) (annual review by the county assessor of certain parcels) that occurs after the land has been taxed at its present-use value for three years, the owner must show that the property has produced an average gross income of at least $1,000 for the preceding three years in order to meet the income requirement. Combines the definition of gross income for both classifications.
Additionally, amends the ownership requirements of the land to allow for the land to come within the agricultural or horticultural classification if the land is owned by the following, for the year preceding rather than the four years preceding the January 1 of the year for which the benefit is claimed: (1) by the individual or the individual's relative; (2) by a business entity, a member of the business entity, or another business entity whose members include a member of the business entity that owns the land; or (3) by a trust.
Applies for taxable years beginning on or after July 1, 2019.
| Intro. by Queen, Corbin, Ager, B. Turner. |
Includes whereas clauses.
Appropriates $50,000 in nonrecurring funds for 2019-20 from the General Fund to Senior Resources of Guilford, to be used for replacement of the organization's Meals on Wheels delivery vehicle. Effective July 1, 2019.
Amends GS 105-164.13 to exempt from sales and use tax (1) sales of a device that is designed to prevent a firearm from being operated when installed without first deactivating the device, and (2) sales of a gun safe, case, or other device that is designed to be used to store a firearm and to be unlocked only by means of a key, a combination, or other similar means. Applies to sales made on or after July 1, 2019.
| Intro. by McNeill, Adams. | GS 105 |
Appropriates $4,000,000 in nonrecurring funds for 2019-20 from the General Fund to the City of Winston-Salem, to be used as title indicates. Requires a match of $1 by the city in non-State funds for every $3 in State funds allocated. Effective July 1, 2019.
| Intro. by Montgomery. | APPROP |
Enacts new GS 20-37.01 requiring the Division of Motor Vehicles to charge a $1 technology fee in addition to any fee under GS 20-7 (Issuance and renewal of drivers licenses), GS 20-85 (Schedule of fees), GS 20-85.1 (Registration by mail; one-day title service; fees), GS 20-87 (Passenger vehicle registration fees), and GS 20-88 (Property-hauling vehicles), to be transferred to the Drivers License Technology Fund. Makes conforming changes to GS 20-37.01. Effective October 1, 2019.
| Intro. by Montgomery. | GS 20 |
Includes whereas clauses.
Appropriates $500,000 for 2019-20 from the General Fund to the Board of Governors of the University of North Carolina for the North Carolina New Teacher Support Program (NC NTSP) to support adding approximately 120 beginning teachers in low-performing public schools in the State and to enable partnerships with local school administrative units that lack the funds to support participation in the NC NTSP. Effective July 1, 2019.
| Intro. by Ball, Blackwell, Graham. | APPROP |
Establishes the Homegrown Teachers pilot project (Pilot) within the North Carolina Community Colleges System Office (NCCC), to determine effective mechanisms to increase the ongoing supply of teachers who will teach in the underserved areas across the state. Requires the Pilot to use collaboration and 2+2 articulation agreements between selected UNC constituent institutions (UNC System) and nearby community colleges in the North Carolina Community College System. Sets out best practices the Pilot must consider. Requires participants to complete a minimum of 60 credit hours while enrolled in their hometown community college. Requires the UNC System to select five constituent institutions with colleges of education to participate in the Pilot and, in consultation with the NCCC, identify community colleges that are in close proximity to the selected constituent institutions. Requires NCCC to study the outcomes of the Pilot and report on the four listed items to the specified NCGA committee by July 1, 2021.
Appropriates $200,000 in nonrecurring funds for 2019-2020 and 2020-21 from the General Fund to the NCCC to implement the Pilot and to hire additional necessary staff.
Effective July 1, 2019.
Makes the following changes to Part 3, NC Teaching Fellows Program (Program), Article 23, GS Chapter 116.
Adds to the defined terms set forth in GS 116-209.60: ELA (English language arts) and elementary education. Additionally, adds hard-to-staff subject area and defines the term to mean a teacher licensure subject area identified as hard-to-staff in the annual report published by the State Board of Education (State Board) on the state of the teaching profession in North Carolina under GS 115C-299.5.
Amends GS 116-209.62 to expand the Program's purpose to recruit, prepare, and support students residing in or attending institutions of higher education in the state for preparation as highly effective teachers in elementary education, ELA, and other hard-to-staff subject areas in public schools (currently, the Program is focused on the preparation of highly effective STEM or special education teachers only). Makes conforming changes throughout the Part to refer to these subject areas of licensure in addition to STEM and special education.
Modifies the parameters regarding authorized uses of the NC Teaching Fellows Program Trust Fund (Fund) to now allow the State Education Assistance Authority (Authority) to provide the NC Teaching Fellows Commission (Commission) up to $600,000 from the Fund in each fiscal year to support forgivable loan recipients through the NC New Teacher Support Program, in an amount up to $2,000 for each Program recipient serving as a teacher in an NC public school (previously, distinguished amounts based on whether the teacher was serving in a public school identified as low-performing).
Requires Program recruitment to target regions of the state with the highest attrition rates and teacher recruitment challenges identified in the annual report of the State Board under GS 115C-299.5 (previously not required to match the report), and attract candidates in the specified subject licensure areas with a focus on students of color and male students (previously did not provide for a focus of particular candidates beyond subject area).
Now requires the Program to be administered in cooperation with NC A&T University, Appalachian State University, and East Carolina University and five other higher education institutions with approved educator preparation programs (EPPs) selected by the Commission which represent postsecondary constituent insitutions of the UNC System and private postsecondary institutions operating in the State. Adds a new requirement for all of the participating institutions to provide more clinical classroom experiences for second and third year Program participants and coursework or experiential learning that focuses on cultural diversity offered at other EPPs in the state. Makes conforming and clarifying changes.
Requires forgivable loan recipients to be invited to participate in the NC New Teacher Support Program upon graduation from a participating EPP at no cost to the recipient or the local unit in which the recipient is employed.
Amends GS 116-209.63 to provide for forgiveness of the loan and any interest accrued on the loan if the recipient serves as a teacher in one of the specified licensure subject areas, within 10 years after graduation from a program leading to licensure, for every year the teacher was awarded the forgiveable loan, in any combination of (1) six months (was, one year) at an NC public school identified as low-performing either at the time the teacher accepts employment or transfers to another school identified as low performing and/or (2) one year (was, two years) at an NC public school not identified as low-performing.
Directs the Superintendent of Public Instruction to establish the initial list of elementary education, ELA, and other hard-to-staff subject licensure areas and provide the information and number of available positions in the areas to the Commission by October 1, 2019.
Directs the Commission to select and award forgivable loans to the initial recipients for elementary education, ELA, or other hard-to-staff subject licensure areas by April 1, 2020, for the 2020-21 academic year.
Appropriates $1.65 million in additional nonrecurring funds from the General Fund to the Fund for the 2019-20 fiscal year to provision for 50 additional cohort slots for loans under the Part, as amended, beginning with the 2020-21 academic year.
Applies to the administration of the Program on or after July 1, 2019.
Includes whereas clauses.
Amends GS 115C-12 to require the State Board of Education, in consultation with the Professional Educator Preparation and Standards Commission, to offer at least five professional development courses for teachers that are based on online, instructor led-learning, blended course, or self-paced course instructional models, as described in the statute.
Appropriates the following amounts from the General Fund to the Department of Public Instruction to develop and implement the required professional development courses: (1) for 2019-20, $150,620 in recurring funds and $86,000 in nonrecurring funds and (2) for 2020-21, $274,930 in total recurring funds and $90,000 in nonrecurring funds.
Effective July 1, 2019.
Appropriates $987,500 in nonrecurring funds for each year of the 2019-21 fiscal biennium from the General Fund to the Department of Public Instruction (DPI) to provide grants to up to 1,000 teachers to cover the application fee for National Board for Professional Teaching Standards certification. Requires grants to be provided on a first-come, first-served basis, according to procedures developed by DPI, beginning no later than September 1 of each year of the biennium. Requires grant recipients to also receive up to three days of approved paid leave. Effective July 1, 2019.
| Intro. by Ball, von Haefen, Clemmons. | APPROP |
Includes whereas clauses.
Appropriates from the General Fund to the Department of Public Instruction for 2019-20 the sum of (1) $274,500 in recurring funds and (2) $27,500 in nonrecurring funds to be made available as grant-in-aid to the North Carolina Foundation for Public School Children to be used for 10 specified purposes related to the North Carolina Teacher Cadet Program, including curriculum development, startup classroom grants, student development, and development of recruitment plans for tier 1 counties and for male minority teachers.
Effective July 1, 2019.
| Intro. by Ball, Everitt, Hawkins, Harris. | APPROP |
Appropriates $120,000 in nonrecurring funds for the 2020-21 fiscal year from the General Fund to the Department of Public Instruction (Department) to establish the Expanding Access to Advanced Placement (AP) Courses Pilot Program (Program). Allows for each local school administrative unit to apply no later than March 1, 2020, for up to two eligible teachers to receive a one-time bonus of $3,000 each under the Program. Details teacher eligibility requirements, including (1) the teacher is not assigned to teach AP courses in the 2019-20 school year and agrees to teach at least one AP course in the unit in the 2020-21 school year; (2) as of the date of application, the teacher is either employed by a unit located in a tier one designated county or a school that received a school performance grade of D or F for the 2018-19 school year; and (3) is employed in a school that offers two or fewer AP courses for the 2019-20 school year. Additionally requires the unit to verify in the application that any additional AP courses taught by an eligible teacher will not affect the unit's ability to provide students with all course content required by law.
Directs the Department to award bonuses on a first-come, first-served basis from the time of application. Requires bonuses to be awarded no later than October 31, 2020, if the teacher's first AP course begins in the spring semester, and no later than March 31, 2021, if the teacher's first AP course begins in the fall semester, so long as the teacher is employed with the unit as of the first day of the respective month. Establishes that the bonuses are not considered compensation under the Teachers' and State Employees' Retirement System. Provides that the bonuses do not apply to teachers no longer employed as teachers due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to May 1, 2021. Specifies that the appropriated funds are to supplement local funds.
Directs the State Board of Education (State Board) to evaluate the effect of the program on post-secondary readiness and academic success. Directs the State Board to report the results to the specified NCGA committee and division by September 1, 2021, including the schools where teachers receiving bonuses were employed in the 2019-20 and 2020-21 school years, the number and names of AP courses taught by teachers receiving bonuses, and the number of students in each AP course taught by a teacher receiving a bonus.
Effective July 1, 2019.
| Intro. by Ball, Hunter, Garrison, Queen. | APPROP |
Appropriates from federal Mental Health Block Grant funds $500,000 for each of the 2019-20 and the 2020-21 fiscal years to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Department). Restricts use of the funds to a two-year Peer Wellness Center pilot program. Requires the program to have two Peer Wellness Centers, one each in a rural community and urban community. Details requirements of the Peer Wellness Centers (Centers) in serving individuals with severe mental illness, regardless of the funding sources available to the individual, including offering services and supports that enhance mental health recovery, reduce the need for hospitalization, and that are not covered by Medicaid.
Directs the Department to accept competitive grant proposals for the pilot Centers for a period of 180 days after the act becomes law. Provides for grant proposal requirements, including how the proposal will improve individuals' physical and mental wellness, reduce the rate of hospitalizations, reduce the use of crisis services, and increase the rate of successful adaptation to community living for individuals participating in the Transitions to Community Living Initiative (Initiative).
Requires specified data collection by selected grantees concerning the outcomes of individuals served, use of hospitals and crisis support measures by individuals while being served, number of episodes of urgent support needed by individuals while being served, and the number of individuals serviced who were also participating in the Initiative. Requires each grantee to report the data collected to the Department upon completion of the pilot program, and directs the Department to submit a report to the specified NCGA committee within six months after receipt of the grantees' reports, including recommendations regarding the effectiveness and functionality of the pilot Centers and possible statewide expansion of the pilot program.
Effective July 1, 2019.
| Intro. by Insko, Belk, Harrison, Hawkins. | APPROP |
Includes whereas clauses.
Titles the act as the Recognition of the Lafayette Trail Act. Requires the Department of Transportation (DOT) to designate the 21 specified road portions as the Lafayette Trail.
Appropriates $84,000 in nonrecurring funds for 2019-20 from the Highway Fund to DOT for manufacturing highway markers bearing the specified Lafayette Trail logo.
Requires DOT to consult with the American Friends of Lafayette to determine the placement of the highway markers, which must be erected and maintained by DOT. Sets out additional requirements for the design, manufacture, and erection of the markers.
Requires DOT to report to the specified NCGA committee on the use of the funds by March 1 of each year until the funds are spent or have reverted.
| Intro. by Hardister, Szoka, Iler, Richardson. | APPROP |
Reenacts subsections (c)(2b) and (c)(2c) of GS 105-164.14 as they existed immediately before their repeal in 2005. Authorizes sales tax refunds for local school administrative units.
Amends GS 105-467, concerning local government sales tax. Deletes the provisions of the statute (1) prohibiting taxing counties from allowing an exemption, exclusion, or refund that is not allowed under the State sales and use tax and (2) allowing an annual refund of sales and use tax paid on direct purchases of tangible personal property and services by a joint agency created by an interlocal agreement created among local school administrative units to jointly purchase food service-related materials, supplies, and equipment. Makes conforming deletions.
Repeals GS 105-164.44H, which requires the Secretary of Revenue to transfer a portion of the sales and use tax collected to the State Public School Fund, and requires the budget to be adjusted accordingly.
There is appropriated from the General Fund to the State Public School Fund a recurring amount equal to the amount of the adjustment in Section 4 of this act.
Effective July 1, 2019.
| Intro. by Lofton, Ross, Meyer. | GS 105 |
Includes whereas clauses.
Appropriates $5,000,000 in nonrecurring funds for 2019-20 and $5,000,000 in nonrecurring funds for 2020-21 from the General Fund to the War Memorial Foundation, to be used for the organization's War Memorial Fund to support memorials recognizing Army Specialist Lawrence Joel, the Medal of Honor recipients from North Carolina, and all branches of the United States Armed Forces. Effective July 1, 2019.
| Intro. by Lambeth, Hardister, Terry. | APPROP |
Identical to S 573, filed 4/3/19.
Adds new Article 43, North Carolina Naturopathic Doctors Licensure Act, to GS Chapter 90. Prohibits a person from practicing as a naturopathic physician without a state license issued pursuant to the bill, with specified exemptions. Defines naturopathic medicine generally as a system of natural health care that employs diagnosis and treatment using natural therapies and diagnostic techniques. Sets out the techniques that may and may not be used by naturopathic physicians. Makes violations a Class 1 misdemeanor. Establishes the NC Naturopathic Doctors Licensing Board (Board), with seven members (three appointed by the Governor and two each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate, with each member having to come from specified groups) to be appointed by January 1, 2020. Prohibits members from serving more than two consecutive terms. Charges Board with administration of the licensing program. Sets out qualifications for licensure as a naturopathic physician, fees that may be charged by the Board, and the Board's disciplinary authority. Permits criminal record checks for licensees and persons seeking licenses. Creates a six-member Naturopathic Doctors Formulary Council to recommend to the Board, on an ongoing basis, a formulary for naturopathic doctors to use in practice.
Amends GS 90-18 by adding that the practice of naturopathic medicine by a licensed naturopathic doctor does not constitute the practice of medicine or surgery under GS Chapter 90, Article 1, Practice of Medicine.
Enacts new GS 143B-972 requiring the Department of Justice to provide the Board with the criminal history of license applicants; sets out the related process, confidentiality provisions, and allowable fees.
Applies to licenses granted on or after January 1, 2020.
Identical to S 421, filed 3/28/19.
Appropriates $175,000 for 2019-20 and $175,000 for 2020-21 from the General Fund to the Department of Health and Human Services, to North Carolina Senior Games, Inc. Effective July 1, 2019.
| Intro. by Hurley, Brisson, Murphy. | APPROP |
Identical to S 407, filed 3/28/19.
Appropriates $1 million from the General Fund to the Department of Public Safety, Governor's Crime Commission (Commission), for the 2019-20 fiscal year. Restricts the use of the funds to helping expand, maintain, or establish the use of non-opioid, long-acting, injectable medication regimens as treatment for alcohol and/or opioid dependence as part of the reentry treatment programs in county jails or detention centers. Permits any newly created alcohol or opioid addiction treatment programs to be similar to the DATA Program of Forsyth County. Requires counties to submit grant proposals to the Commission by October 1, 2019. Caps grants at $200,000. Creates grant distribution priority for Forsyth, Nash, New Hanover, Onslow, and Rutherford counties. Requires the Commission to establish a schedule by which each county grant recipient must submit results related to the effectiveness of the treatment programs. Directs the Commission to report to the specified NCGA committee no later than December 1, 2020. Effective July 1, 2019.
| Intro. by Boles, Murphy, C. Smith. | APPROP |
Appropriates $125,000 for 2019-20 and $125,000 for 2020-21 in nonrecurring funds from the General Fund to Growing High Point, to be used to assist in alleviating food deserts in High Point. Effective July 1, 2019.
Appropriates $25,000 for 2019-20 and $25,000 for 2020-2021 in nonrecurring funds from the General Fund to High Point Community Against Violence, Inc., to be used to support the organization's programs to reduce violence in the City of High Point.
Appropriates $25,000 for 2019-20 and $25,000 for 2020-21 in nonrecurring funds from the General Fund to High Point Peacemakers, Inc. to be used to support the organization's programs to reduce violence in the City of High Point.
Effective July 1, 2019.
Appropriates $1,000,000 in nonrecurring funds for 2019-20 and $1,000,000 in nonrecurring funds for 2020-21 from the General Fund to the Rural Economic Development Division of the Department of Commerce, to be used to provide a grant-in-aid for a downtown revitalization project in the Town of High Point. Effective July 1, 2019.
| Intro. by Brockman, Quick. | APPROP |
Identical to S 451, filed 4/1/19.
Appropriates $500,000 for 2019-20 and $500,000 for 2020-21 in recurring funds from the General Fund to the Department of the Secretary of State to be used as title indicates. Effective July 1, 2019.
| Intro. by Richardson. | APPROP |
Identical to S 584, filed 4/3/19.
Amends GS 14-4, which makes a violation of an ordinance of a county, city, town, or metropolitan sewerage district a Class 3 misdemeanor and subject to the specified fines, and makes a violation of ordinances regulating vehicles an infraction and subject to a penalty of no more than $50. Amends the statute to specify that these provisions do not apply to ordinances created after December 1, 2019.
Enacts new GS 14-4.1 subjecting any rule adopted under Article 2A, Rules, of the Administrative Procedure Act, that creates a new criminal offence or subjects a person to criminal penalties to be subject to legislative review under GS 150B-21.3(b1) whether or not the required written objections have been received. Applies to rules adopted after December 1, 2019. Makes a conforming change to GS 150B-21.3(b1), effective December 1, 2019.
Enacts new GS 14-4.2 to provide that no person may be convicted of a crime unless the person is shown to have acted recklessly (as defined in the statute) if (1) the underlying criminal offense was created after December 1, 2019, by General Assembly enactment or adoption of an administrative rule and (2) the statute or rule does not include a specific criminal intent as an element of the offense. This does not apply to (1) an offense that is not punishable by an active sentence or by a fine exceeding $500 or (2) the law creating the offense indicates intent to impose strict liability.
Enacts new GS 14-4.3 to prohibit convicting a person of a criminal offense unless the offense appears in GS Chapter 14 (Criminal Law), Chapter 20 (Motor Vehicles), or Article 5 of Chapter 90 (Controlled Substances Act). Make an exception for a person who has actual knowledge that the behavior that is the basis for being charged with the offense constitutes a crime. Applies to offenses created after December 1, 2019.
| Intro. by Riddell, Morey. | GS 14 |
The Daily Bulletin: 2019-04-25
The Daily Bulletin: 2019-04-25
House committee substitute makes the following changes to the 1st edition.
Changes the act's long and short titles.
Modifies the proposed authority granted to Manteo to make, adopt, and enforce ordinances for the navigable waters within its municipal limits as to certain activities. Now more specifically authorizes ordinances as to restrict the anchoring and mooring of boats and vessels as to location and generally to regulate the anchoring and mooring of vessels within the navigable waters within the municipal limits of the municipality (was, within its navigable waters). Removes from the authorization ordinances which make reasonable rules and regulations for the safe and proper use of the navigable waters within the municipal limits of the municipality for fishermen. Makes technical changes to refer to local ordinances adopted under the authority of the act consistently throughout rather than ordinances adopted by the municipality under the authority of the act, municipal ordinances, and ordinances adopted by the city under the act.
Adds new Section 3 to grant the same authority to Hyde County concerning the navigable waters in Silver Lake that are within its jurisdiction, as that granted to Manteo in Section 1 of the act, as amended. Provides for the enforcement for county ordinances adopted under the act in accordance with GS 153A-123 (concerning enforcement of county ordinances, rather than GS 160A-175 regarding city ordinances as provided in Manteo's authorizations). Applicable only to the described navigable waters in Hyde County known as Silver Lake. Provides for identical conflict of law and enforcement provisions as those accompanying the authorizations for the Town of Manteo in Section 1.
House committee substitute to the 1st edition makes the following changes. Amends proposed new GS 143-166.44, which is applicable to Alamance County only, as follows. Amends the qualifications that are to be met in order to qualify for the allowance as follows: (1) requires the county detention officer to have either completed 30 or more years of creditable service or attained age 60 (was, age 55) and completed 25 (was, 15) or more years of creditable service; (2) adds the requirement that the county detention officer's date of hire be on or before June 30, 2022. Makes a conforming change by deleting the act's June 30, 2022, expiration date.
| Intro. by Riddell, Ross. | Alamance |
House committee substitute to the 1st edition makes the following changes.
Expands the scope of the act to include Brunswick, Burke, Davie, and Pamlico counties (was, Alamance and Guilford counties only). Specifies that the proposed authorization holds notwithstanding GS 163A-1111, regarding prohibited voting systems, and GS 163A-1115, regarding voting systems and the powers and duties of the State Board of Elections (previously notwithstanding Section 5(c) of SL 2015-3). Makes further clarifying and technical changes. Amends the act's titles.
The Daily Bulletin: 2019-04-25
Actions on Bills: 2019-04-25
H 87: LICENSE PLATE READER SYSTEMS IN STATE ROWS.
H 99: TRANSFER ALE/MOVE BOXING ADVISORY COMMISSION. (NEW)
H 106: INMATE HEALTH CARE & 340B PROGRAM. (NEW)
H 130: ALLOW GAME NIGHTS.
H 169: LOGGERHEAD TURTLE/STATE SALTWATER REPTILE.
H 217: DIT CHANGES.-AB
H 219: NAIC ACCREDITATION AMENDMENTS.-AB
H 221: RATE-MAKING AMENDMENTS.-AB
H 222: MODIFY CRIM PENALTIES/NAIC FRAUD ACT-AB. (NEW)
H 242: DISPLACED PRECINCT OFFICIALS/NATURAL DISASTER.
H 244: CONTRACTOR/SUBCONTRACTOR COMPLIANCE.
H 267: REQUIRE SAFETY HELMETS/UNDER 21.
H 268: AMEND ON-SITE WASTEWATER LAWS/MISC. TC. (NEW)
H 274: CHILD ABUSE & NEGLECT/MILITARY AFFILIATION.
H 300: EXTEND FUNDS DEADLINE FOR AUCTIONEERS.
H 310: CLARIFY INSURANCE PROD'R CRIM. BCKGRD CHECK.
H 327: FEES/RETURNED CHECKS/LOAN PROCESSING.
H 344: NO INSURANCE WHILE DRIVING/TOW VEHICLE.
H 353: FUNDS FOR PLANNING NEW MARITIME MUSEUM.
H 369: ELECTION OBSERVER BILL OF RIGHTS.
H 387: GROWING G.R.E.A.T (NEW)
H 409: LEGALIZE FDA-APPROVED SCHEDULE VI DRUGS.
H 418: CREATE NC GOLF COUNCIL.
H 425: IMPLEMENT CONNER'S LAW. (NEW)
H 432: WATER/SEWER TO CONTIGUOUS DWELLING UNITS.
H 434: SUICIDE RISK REF./MENTAL HEALTH/TEEN VIOLENCE.
H 447: ATTRACTIVE NUISANCES.
H 483: LET THEM SPAWN.
H 493: ABUSE & NEGLECT RESOURCES.
H 511: NORTH CAROLINA FIRST STEP ACT. (NEW)
H 520: FIREFIGHTERS FIGHTING CANCER ACT.
H 521: TRANSITIONAL LICENSE/TEACHER FROM OTHER STATE (NEW)
H 522: STUDY OUTSIDE WATER RATES.
H 548: MODIFY PHYSICAL THERAPY DEFINITION.
H 554: FUNERAL PRACTICE LICENSURE TECH. CORRECTIONS.
H 561: STRENGTHEN DANGEROUS DOG LAWS.
H 563: 30 MIN. DUTY-FREE LUNCH FOR TEACHERS.
H 577: LIMIT OWNERSHIP OF CERTAIN ANIMALS.
H 598: BOTTLENOSE DOLPHIN AS STATE MARINE MAMMAL.
H 604: SMALL BUSINESS RETIREMENT PROGRAM.
H 628: 2019 BANKING & MORTGAGE CORRECTIONS & CHANGES.
H 629: LAW-ENFORCEMENT MUTUAL AID.
H 653: SCHOOL TRANSP. PERSONNEL SALARY CHANGES.
H 654: CAR DEALER DISPLAYS MUST CONTAIN CONTACT INFO.
H 656: MEDICAID CHANGES FOR TRANSFORMATION.
H 664: MYFUTURENC/POSTSECONDARY ATTAINMENT GOAL.
H 665: NC COMPLETES COLLEGE/COMPETITIVE WORKFORCE.
H 668: VARIOUS HIGHER EDUCATION CHANGES.
H 675: 2019 BUILDING CODE REGULATORY REFORM.
H 681: U.S. ARMY SPECIAL FORCES REG PLATE/FEES.
H 697: STATE SURPLUS PROP. COMPUTERS FOR NONPROFITS.
H 724: TRUTH IN CALLER ID ACT.
H 730: TRASH COLLECTION/MULTIFAMILY RESIDENTIAL.
H 764: WOMEN'S CANCER RESEARCH & PREVENT. TASK FORCE.
H 773: ESTABLISH SUDEP AWARENESS WEEK.
H 809: SUPPORT SHELLFISH AQUACULTURE.
H 899: ENACT KINCARE ACT.
H 944: PROTECT THE INTEGRITY OF NC ELECTIONS ACT.
H 945: AUGMENT DISABLED VETERAN PROPERTY TAX BENEFIT.
H 946: FREE LUNCH FOR SOME STUDENTS/STOP LUNCH SHAME.
H 947: FREE BREAKFAST AND LUNCH IN K-12 PUB. SCHOOLS.
H 948: FUNDS FOR UNIVERSAL NC PRE-K.
H 949: OPIOID PILOT PROGRAM/FUNDS.
H 950: FUNDS FOR TRIANGLE LITERACY COUNCIL.
H 951: HOLLYWOOD HEIGHTS COMMUNITY CTR FUNDS.
H 952: SPRING LAKE VETERANS MEMORIAL PARK FUNDS.
H 953: FUNDING FOR STUDENTS WITH DISABILITIES/METHOD.
H 954: QUALIFIED DISABLED VETERAN PREFERENCE. (NEW)
H 955: SAM'S LAW.
H 956: FUNDS/YOUTH VILLAGES AND OTHER PURPOSES.
H 957: SMALL BUSINESS INCOME TAX RELIEF.
H 958: ELECTRIC UTILITIES/ALLOW AND STUDY RTE.
H 959: EXEMPT CEMETERY PROPERTY.
H 960: FUNDS FOR QUALITY ASSURANCE POSITIONS/DSS.
H 961: ENSURING AUTHORIZATION OF FEDERAL FUNDS. (NEW)
H 962: LEASE-PURCHASE AGREEMENT ACT.
H 963: MODIFY MEMBERSHIP FOR STATE CFAC/FUNDS.
H 964: RESTORE SINGLE-STREAM FUNDING FOR LME/MCOS.
H 965: CLIMATE CHANGE/SCHOOL STAFF DEV. FUNDS.
H 966: 2019 APPROPRIATIONS ACT.
H 967: DOT FIN. PRESERVATION AND ACCOUNTABILITY ACT. (NEW)
H 968: LOCAL GOV'T/INFLATION-ADJUSTED MINIMUM WAGE.
H 969: IT STRATEGY BOARD & STRATEGY RESERVE.
H 970: ENHANCE AG TAX BENEFITS FOR BEGINNING FARMERS.
H 971: MODERN LICENSURE MODEL FOR ALCOHOL CONTROL.
H 972: FUNDS FOR SENIOR RESOURCES OF GUILFORD CO.
H 973: GUN SECURITIZATION SALES TAX EXEMPTION.
H 974: FUNDS TO EXTEND US ROUTE 311 IN WINSTON-SALEM.
H 975: DMV TECHNOLOGY FEE.
H 976: FUNDS/NC NEW TEACHER SUPPORT PROGRAM.
H 977: DEVELOP HOMEGROWN TEACHERS-PILOT.
H 978: NC TEACHING FELLOWS ENHANCEMENTS/FUNDS.
H 979: HIGH-QUALITY TEACHER PROFESSIONAL DEVELOPMENT.
H 980: REWARD EXCELLENCE IN TEACHING - NBPTS.
H 981: GROW YOUR OWN/HIGHLY EFFECTIVE TEACHERS/CADET.
H 982: EXPANDING ACCESS TO AP COURSES PILOT PROGRAM.
H 983: PEER WELLNESS CENTER PILOT PROGRAM.
H 984: LAFAYETTE TRAIL HIGHWAY MARKERS.
H 985: RURAL MODEL/OUT TEACH/PILOT FUNDS.
H 986: RESTORE LEA SALES TAX BENEFIT.
H 987: STATE EMPLOYEES/PAID PARENTAL LEAVE.
H 988: NEXT STEP ACT.
H 989: REQUIRED COMPONENTS/MEDICAID TRANSFORMATION. (NEW)
H 990: GROUP HOME STABILIZATION & TRANSITION/FUNDS.
H 991: FIRST RESPONDERS/WC BENEFITS DURATION.
H 992: FUNDS FOR WAR MEMORIAL FOUNDATION.
H 993: ENACT NATUROPATHIC DOCTORS LICENSURE ACT.
H 994: TOP FOUR OPEN PRIMARY/ELECTIONS.
H 995: HARD CIDER/REVISE EXCISE TAX RATE.
H 996: TOP-PERFORMING STUDENTS/UNC TUITION SCHOLAR.
H 997: FUNDS FOR NC SENIOR GAMES.
H 998: INDEPENDENT LIVING ACT.
H 999: REVISE, STUDY, & FUND LEP ALLOTMENT.
H 1000: COMPETENCY-BASED MATH PILOT.
H 1001: RAISE THE AGE FUNDING. (NEW)
H 1002: EXPAND USE OF CAM SYSTEMS. (NEW)
H 1003: FUNDS FOR GROWING HIGH POINT.
H 1004: HIGH POINT LEAP/FUNDS FOR LITERACY PROGRAMS.
H 1005: FUNDS TO HELP HIGH POINT REDUCE VIOLENCE.
H 1006: HIGH POINT ECONOMIC DEVELOPMENT.
H 1007: STEM ELECTIVE COURSE USING BALLISTICS SCIENCE.
H 1008: REAL PROPERTY DONATION TAX CREDIT.
H 1009: FUNDS FOR SOS TO OFFSET LEASE.
H 1010: CRIMINAL LAW REFORM.
H 1011: FELONIOUS GAMING MACHINES.
H 1012: SAFETY UPDATES FOR RENTAL PROPERTIES.
H 1013: NC FINANCIAL AND INSURANCE REGULATORY SANDBOX.
S 55: CONTINUING EDUCATION FOR GENERAL CONTRACTORS.
S 226: DELAY CERTAIN ABC PERMIT RENEWAL PAYMENTS. (NEW)
S 255: STATE BOARD CONSTRUCTION CONTRACT CLAIM.
S 311: MASSAGE BOARD MEMBERSHIP.
S 356: DOT CASH AND ACCOUNTABILITY. (NEW)
S 381: RECONSTITUTE/CLARIFY BOARDS AND COMMISSIONS. (NEW)
S 384: CLARIFY MOTOR VEHICLE DEALER LAWS.
S 432: OPEN RINKS, ALLEYS, VENUES, STADIUMS. (NEW)
S 476: SCHOOL-BASED MENTAL HEALTH. (NEW)
S 527: REFLEXOLOGY REGULATION ACT.
S 534: REVISIONS TO OUTDOOR ADVERTISING LAWS.
S 579: PRISON REFORM ACT OF 2019.
S 610: AUTHORIZE NORTHERN PEAKS TRAIL.
Actions on Bills: 2019-04-25
H 105: RED LIGHT CAMERAS. (NEW)
H 324: CLEVELAND/CALDWELL COUNTIES HUNTING OMNIBUS. (NEW)
H 375: AUTHORIZE TEACHER-GOV'T EMP'EE HOUSING/BERTIE.
H 383: TOPSAIL BEACH CHARTER/BOARD VACANCIES.
H 429: NAVIGABLE WATERS/MANTEO/HYDE (NEW)
H 445: SPECIAL SEP. ALLOWANCE/ALAMANCE CTY DOS.
H 459: LEE COUNTY DEER HUNTING.
H 502: VOTING MACHINES/CERTAIN COS. (NEW)
S 63: CITY OF KANNAPOLIS/ANNEXATION.
S 194: WEST JEFFERSON/SALUDA/YANCEYVILLE ANNEX. (NEW)
S 270: DURHAM DEANNEXATION. (NEW)
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