The Daily Bulletin: 2019-04-26

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The Daily Bulletin: 2019-04-26

PUBLIC/HOUSE BILLS
H 106 (2019-2020) INMATE HEALTH CARE & 340B PROGRAM. (NEW) Filed Feb 19 2019, AN ACT TO IMPROVE INMATE HEALTH CARE REIMBURSEMENT AND INTERNAL PROCESSES AND TO ESTABLISH A TELEMEDICINE PILOT PROGRAM; IN ADDITION TO DIRECTING THE DEPARTMENT OF PUBLIC SAFETY TO PARTNER WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE PURCHASE OF CERTAIN MEDICATIONS FOR INMATES, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE REQUESTS FOR PROPOSALS FOR PARTNERSHIPS BETWEEN NORTH CAROLINA 340B PROGRAM ENTITIES AND THE FOUR NORTH CAROLINA PRISON REGIONS, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO PARTNER WITH THE UNIVERSITY OF NORTH CAROLINA HEALTH SYSTEM TO SHIFT PRESCRIBING AUTHORITY ON CERTAIN MEDICATIONS, AND TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO SUBMIT VARIOUS REPORTS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY AND THE FISCAL RESEARCH DIVISION.

House committee substitute to the 2nd edition makes the following changes. 

Adds to the content of the Department of Public Safety's (DPS) a plan to increase the use of Central Prison Healthcare Complex (CPHC) to require the inclusion of methods to contain costs for palliative and long-term health care services for inmates. No longer requires DPS to identify and eliminate lapsed salary positions used to fund inmate health care services for 2016-17, and transfer the salary funds to a DPS, Health Services Section (HSS), budget code. Instead, requires DPS to develop options for eliminating the structural deficit for inmate health care services, including consideration of eliminating vacant positions and transferring lapsed salary funds to the Health Services Section. No longer requires DPS to develop accounting mechanisms for inmate health care expenditures at the prison facility level. 

Amends GS 143B-707.3 as follows. Requires any contracts and extensions for medical services provided to inmates by contracted providers and facilities to include the specified reimbursement rates, unless greater cost savings can be demonstrated through the use of an alternative rate. Deletes proposed (b1), which required the development of an electronic supply inventory management system. Instead adds a section to the bill requiring the HHS to issue two requests for proposals to develop an electronic supply inventory management system, with one RFP or a system to be used at all prison facilities and one to be for a system to be used exclusively at the Central Prison Healthcare Complex and the North Carolina Correctional Institution for Women. Sets out requirements of the management system.

Adds the requirement that the Department of Public Safety, Health Services Section, report to the specified NCGA committees by February 1, 2020, on alternative methods for reimbursing providers and facilities that provide approved medical services to inmates. 

Amends proposed GS 143B-707.5 to make the policies and training more specifically applicable to social workers who perform administrative activities related to Medicaid eligibility for inmates.

Adds the requirement that HHS report to the specified NCGA committees on the feasibility study of telehealth services referenced in the February 2019 Memorandum of Agreement between DPS and UNC Health Care by July 1, 2019. Requires that the telemedicine pilot program be established with consideration of the rules of the study. Requires the pilot program to be operational by January 1, 2020 (was, October 1, 2019). Deletes the requirement that physical health services covered by the telemedicine pilot include evaluation and management activities in the specified areas. Extends the due dates of the interim and final reports on the pilot assessment criteria from October to January of 2020 and 2021.

Intro. by Horn, Farmer-Butterfield, Lucas, R. Turner.GS 143B
H 220 (2019-2020) INSURANCE TECHNICAL CHANGES.-AB Filed Feb 27 2019, AN ACT TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE INSURANCE LAWS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.

House committee substitute to the 1st edition makes the following changes. 

Deletes Part I of the act, which made captive insurance changes. Deletes Part VIII of the act which concerned exclusive provider benefit plans. Deletes Part XIII of the act which made changes to certain criminal penalties.

Adds a new Part on Medicare supplement changes. Amends GS 58-54-45 by making the current provisions applicable to a person whose eligibility for medicare occurred before January 1, 2020. Adds that in addition to any rule adopted under this Article that is directly or indirectly related to open enrollment, an insurer must at least make standardized Medicare Supplement Plan A available to persons eligible for Medicare by reason of disability before age 65 and also standardized Plan D or G if marketing either Plan to persons eligible for Medicare on or after January 1, 2020, due to age. Requires an application to be submitted during the six-month period beginning with the first month the person first enrolls in Medicare Part B. Provides that persons eligible for Medicare by reason of disability before age 65 who are enrolled in a managed care plan and whose coverage under the managed care plan is terminated through cancellation, nonrenewal, or disenrollment have the guaranteed right to purchase Medicare Supplement Plans A, D, or G (was, A and C) from any insurer within 63 days after the date of termination or disenrollment. Effective January 1, 2020.

Adds a new Section on credit property insurance reporting requirements. Amends GS 58-57-90 to require each writer of credit property insurance written in the State to submit the specified information to the Department of Insurance for each of the last five calendar years by April 1 of each year (was, the Department must collect the data on credit property insurance written in the State). Requires the Department to publish the information in an aggregate form on its website by July 1 of each year. 

Makes additional conforming, organizational, and technical changes. 

Intro. by Setzer, Bumgardner, Corbin.GS 58, GS 97
H 296 (2019-2020) RESPECT FOR FAMILIES- LEOS/FIREFIGHTERS/EMS. (NEW) Filed Mar 6 2019, AN ACT TO ALLOW COUNTY CLERKS OF COURT TO WAIVE ANY COSTS OR FEES ARISING OUT OF GUARDIANSHIP OR INCOMPETENCY PROCEEDINGS MADE ON BEHALF OF LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMS PERSONNEL WHEN THE NEED FOR THESE PROCEEDINGS ARISES OUT OF INJURIES SUSTAINED IN THE LINE OF DUTY.

House committee substitute to the 1st edition makes the following changes. Amends new GS 7A-103(17), authorizing the clerk of superior court to also waive any costs and fees for special proceedings listed in GS 7A-306 for any petitioner under GS Chapter 35A for injuries sustained in the line of duty by a firefighter or EMS personnel, in addition to the already listed sworn law enforcement officer. Makes conforming changes to the act's titles. 

Intro. by Ball, McNeill, Reives, C. Smith.GS 7A, GS 35A
H 393 (2019-2020) MODERNIZING SEXUAL ASSAULT LAWS. Filed Mar 19 2019, AN ACT TO CLARIFY THE DEFINITION OF THE TERM "CARETAKER" USED IN THE JUVENILE CODE TO INCLUDE AN ADULT IN A DATING OR ROMANTIC RELATIONSHIP WITH THE PARENT, GUARDIAN, OR CUSTODIAN OF THE JUVENILE; TO AMEND G.S. 14-401.11 TO ALSO PROHIBIT THE KNOWING DISTRIBUTION OF A BEVERAGE THAT CONTAINS ANY SUBSTANCE THAT COULD BE INJURIOUS TO A PERSON'S HEALTH; TO AMEND THE DEFINITION FOR THE TERM "MENTALLY INCAPACITATED" USED IN ARTICLE 7B OF CHAPTER 14 OF THE GENERAL STATUTES; AND TO MODERNIZE THE LANGUAGE USED IN CERTAIN SEX OFFENSES.

House committee substitute to the 1st edition makes the following changes.

Amends the definition of caretaker set out in GS 7B-101, by removing the addition of an adult in a dating or romantic relationship with the parent, guardian, or custodian of the juvenile as an adult entrusted with the juvenile's care.

Further amends the definition of mentally incapacitated set out in GS 14-27.20, to now define the term as a victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act (under the previous edition, was a victim who is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act due to any act, regardless of whether committed by a perpetrator or the victim). 

Deletes all of Section 4 of the act, which amended GS 14-27.21, GS 14-27.22, GS 14-27.26, and GS 14-27.27, by removing the "forcible" language from the rape and sexual offenses provided therein.

Intro. by Beasley, Adams, Adcock, Boles.GS 7B, GS 14, GS 90, GS 143B
H 474 (2019-2020) DEATH BY DISTRIBUTION. Filed Mar 26 2019, AN ACT TO CREATE THE OFFENSES OF DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES AND AGGRAVATED DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES.

House committee substitute to the 1st edition makes the following changes. 

Amends proposed GS 14-18.4 as follows. Adds definition for the term unlawful financial transaction. Amends the requirements to be met for a person to be guilty of death by distribution of certain controlled substances to require that the person unlawfully sells or delivers (was, unlawfully distributed) at least one certain controlled substance to the victim or is part of the chain of unlawful financial transaction of the sale and delivery to the victim (was, the person unlawfully distributed at least one certain controlled substance to the victim only). Makes conforming and technical changes. Makes the same changes to the elements of aggravated death by distribution of certain controlled substances and removes convictions under GS 90-95(e)(5) (any person 18 years of age or over who violates GS 90-95(a)(1) by selling or delivering a controlled substance to a youth in the identified age ranges or to a pregnant woman) from the list of the previous convictions necessary for aggravated death by distribution of certain controlled substances. Makes additional clarifying changes. Adds that the statute does not restrict or interfere with the rights and immunities under GS 90-96.2 (providing limited immunity for drug-related overdose treatment). Adds that the statute does not apply to (1) a practitioner issuing a valid prescription for a controlled substance for a legitimate medical purpose in the usual course of professional practice or (2) a pharmacist dispensing and delivering a valid prescription for a controlled substance in the usual course of professional practice. 

Intro. by Arp, D. Hall, C. Smith, Faircloth.GS 14
H 532 (2019-2020) DNCR ADD NEW TRAILS & VARIOUS CHANGES. Filed Apr 1 2019, AN ACT TO AUTHORIZE THE OVERMOUNTAIN VICTORY STATE TRAIL; TO AUTHORIZE THE WILDERNESS GATEWAY STATE TRAIL; AND TO MAKE VARIOUS CHANGES TO THE STATE PARKS ACT AND THE NORTH CAROLINA TRAILS SYSTEM ACT.

House committee substitute to the 1st edition makes the following changes. 

Deletes Section 5 of the act which amended GS 143B-135.16 to make specified violations of the Department of Natural and Cultural Resource's rules an infraction instead of a Class 3 misdemeanor. Makes additional technical changes. 

Intro. by Blackwell, Setzer, McGrady, Dobson.GS 143B
H 611 (2019-2020) AMEND RULES OF EVID./BINDING ARBITRATION. Filed Apr 4 2019, AN ACT TO AMEND THE RULES OF EVIDENCE REGARDING INSURANCE ADMISSIBILITY AND TO ALLOW FOR BINDING ARBITRATION IN CERTAIN CIVIL ACTIONS.

House committee substitute to the 1st edition makes the following changes. 

Amends GS 8C-1, Rule 411, to provide that the rule does not require the exclusion of evidence of insurance against liability or coverage limits (was, liability only) when offered for another purpose. 

Amends new GS 7A-37.2 by clarifying in the conditions that are to be met when a named party to an action may elect binding arbitration that the limitation on damages is not to exceed the amount in controversy for the trial court (was, district court).

Intro. by Stevens, Davis, Zachary.GS 7A, GS 8C
H 675 (2019-2020) 2019 BUILDING CODE REGULATORY REFORM. Filed Apr 9 2019, AN ACT TO MAKE VARIOUS CHANGES AND CLARIFICATIONS TO THE STATUTES GOVERNING THE CREATION AND ENFORCEMENT OF BUILDING CODES.

House committee substitute makes the following changes to the 2nd edition.

Amends GS 143-355.4 to also allow the property owner's designee to select and install an appropriate testable backflow preventer. Makes conforming changes. 

Intro. by Brody, Riddell, Hardister, Richardson.GS 87, GS 143, GS 153A, GS 160A
H 679 (2019-2020) RULES OF CIV PROCEDURE/E-FILING AND SERVICE. (NEW) Filed Apr 10 2019, AN ACT TO AMEND THE RULES OF CIVIL PROCEDURE TO ALLOW FOR ELECTRONIC FILING AND SERVICE.

House committee substitute to the 1st edition makes a technical change to GS 7A-52. 

Intro. by Zachary, Rogers, John.GS 7A
H 687 (2019-2020) ENCOURAGE ATTY CLE EXEMPT FOR NCGA EMPLOYEES. (NEW) Filed Apr 10 2019, AN ACT TO ENCOURAGE THE NORTH CAROLINA STATE BAR COUNCIL TO REVISE ITS RULES TO CREATE AN EXEMPTION FROM NORTH CAROLINA STATE BAR CONTINUING LEGAL EDUCATION REQUIREMENTS FOR FULL-TIME EMPLOYEES OF THE NORTH CAROLINA GENERAL ASSEMBLY.

House committee substitute to the 1st edition makes the following changes. Maintains the whereas clauses but deletes the rest of the content of the previous edition and replaces it with the following. Encourages the North Carolina State Bar Council to adopt a rule to provide that full-time employees of the NCGA who are licensed attorneys are exempt from all continuing legal education requirements. Makes conforming changes to the act's titles.

Intro. by Stevens, Szoka, D. Hall.UNCODIFIED
H 702 (2019-2020) MODIFY JUVENILE CRIME PREVENTION COUNCILS. Filed Apr 10 2019, AN ACT TO MAKE CERTAIN MODIFICATIONS TO THE GENERAL STATUTES RELATED TO JUVENILE CRIME PREVENTION COUNCILS.

House committee substitute to the 1st edition makes the following changes. Amends GS 143B-846 to remove the provision making each County Juvenile Crime Prevention Council a continuation of the corresponding Council created under GS 147-33.61. Makes additional technical changes. 

Intro. by R. Turner, Jarvis, Pierce.GS 143B
H 715 (2019-2020) SHRA/STRONGER WHISTLEBLOWER PROTECTION. Filed Apr 11 2019, AN ACT TO STRENGTHEN STATE HUMAN RESOURCES ACT WHISTLEBLOWER PROTECTIONS.

House committee substitute to the 1st edition makes the following changes.

Amends GS 126-84 to to reinstate the duty of State employees under the current statutory language to report gross mismanagement, gross waste of monies, or gross abuse of authority (the previous edition included gross mismanagement, waste of monies, or an abuse of authority).

Moves the provision authorizing the State Auditor to assist State employees in making reports regarding retaliation directly to the State Auditor as an alternative to making reports to the employing State department, agency, or institution from GS 126-85 to GS 126-84.

Intro. by Cleveland, Stevens, Warren, Riddell.GS 126
H 747 (2019-2020) NC MISSING PERSON INFORMATION SHARING. Filed Apr 15 2019, AN ACT TO REQUIRE LAW ENFORCEMENT AGENCIES TO ENTER MISSING CHILD, MISSING PERSONS, OR UNIDENTIFIED PERSONS INFORMATION INTO THE NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM AFTER THIRTY DAYS HAVE PASSED AND THE PERSON HAS NOT BEEN FOUND OR IDENTIFIED.

House committee substitute to the 1st edition makes the following changes. Amends GS 143B-1015 to clarify that a law enforcement agency must enter missing or unidentified person information into NamUS upon either of the named situations. Also clarifies that a law enforcement agency must enter both listed categories of information when entering missing or unidentified person information into NamUS. Makes additional clarifying changes in GS 143B-1013 and GS 143B-1016. 

Intro. by McNeill, Faircloth, Floyd, C. Smith.GS 143B
H 985 (2019-2020) RURAL MODEL/OUT TEACH/PILOT FUNDS. Filed Apr 25 2019, AN ACT TO APPROPRIATE FUNDS TO PROVIDE FOR AN OUTDOOR LEARNING CENTER PILOT PROGRAM FOR TEN RURAL TITLE I SCHOOLS THROUGH REAL SCHOOL GARDENS, DOING BUSINESS AS OUT TEACH.

Appropriates $700,000 for 2019-20 from the General Fund to the Department of Public Instruction for grant-in-aid to REAL School Gardens to establish a two-year pilot program beginning with the 2019-20 school year and ending with the 2020-21 school year, with the purpose of transforming teaching practices and creating outdoor learning laboratories on school campuses in 10 rural elementary schools operating a school-wide Title I program (as defined in the act). Requires the State Superintendent to select qualifying schools. Specifies how the funds may be used. Funds are to remain available until the end of the 2020-21 school year. Requires an annual report on the progress of the pilot program, an accounting of expenditures, and student outcome and teacher effectiveness data by October 1 in 2020 and 2021. Effective July 1, 2019.

Intro. by Johnson, Horn.APPROP, STUDY
H 987 (2019-2020) STATE EMPLOYEES/PAID PARENTAL LEAVE. Filed Apr 25 2019, AN ACT TO PROVIDE PAID PARENTAL LEAVE TO STATE EMPLOYEES AND OTHER STATE-SUPPORTED PERSONNEL.

Enacts new GS 126-8.6 requiring the State Human Resources Commission (Commission) to adopt rules and policies to allow a permanent, full-time State employee to take up to eight weeks of paid parental leave in addition to  any other available leave. Also requires the adoption of rules and policies allowing a permanent, part-time State employee to take a prorated amount of up to four weeks of paid parental leave in addition to any other available leave. For both classifications of employees, requires the employee to have been continuously employed by the State for at least 12 months immediately preceding the first request for paid parental leave. Requires the leave to be provided for both the birth of a child and to care for the newborn, or for the placement and adopting of a child and time for bonding. Prohibits the leave from being used for retirement purposes and specifies that the leave has no cash value upon termination of employment. This statute applies to all (1) State employees and (2) State-supported personnel, with the appropriate governing board adopting necessary rules and policies. Requires the Commission, State Board of Education, State Board of Community Colleges, and all State agencies, departments, and institutions to report annually, beginning April 1, 2020, to the Office of State Human Resources on the paid parental leave program. 

Makes conforming changes to GS 126-5.

Appropriates $10 million in recurring funds in 2019-20 and $10 million in recurring funds in 2020-21 from the General Fund to a Reserve for Compensation to fund the paid parental leave. Effective July 1, 2019. 

Intro. by Logan, Martin, K. Smith.GS 126
H 988 (2019-2020) NEXT STEP ACT. Filed Apr 25 2019, AN ACT TO AMEND THE LAWS GOVERNING THE REVOCATION OF DRIVERS LICENSES FOR FAILURE TO PAY FINE, PENALTY, OR COSTS; TO PROMOTE THE DIGNITY OF INCARCERATED WOMEN AND TO MODIFY PRISONER LOCATION PRIORITIES; TO REQUIRE LOCAL CONFINEMENT FACILITIES TO TRANSFER HEALTH INFORMATION WITH PRISONERS THAT ARE TRANSFERRED TO A STATE PRISON FACILITY; TO ORDER A STUDY OF PRISONER MEDICAL RELEASE AND EXTENSION OF LIMITS OF CONFINEMENT; AND TO APPROPRIATE FUNDS.

Part I.

Amends GS 20-24.1 (Revocation of driver's license for failure to appear or pay fine, penalty or costs for motor vehicle offenses) by adding to subdivision (a)(2) the requirement that before revoking a license upon failure to pay a fine, penalty, or court costs as ordered by the court, there must be a court finding at sentencing that the person is able to pay and the license should be suspended if the person fails to pay.  Modifies subsection (b) by removing costs from several subdivisions, and adding new subdivision (5) as one of several enumerated conditions, any one of which need to be met before a license may be restored; subdivision (5) adds that a license revoked for failure to pay a fine, penalty, or court costs under subdivision (a)(2) remains revoked until 12 months have passed since revocation.  Amends subsection (c) to exclude from the requirement of paying a restoration fee a person who is indigent.  Makes other minor, non-substantive changes, including making some language gender-neutral.  

Modifies GS 20-24.2 (Court to report failure to appear or pay fine, penalty, or costs) by making clarifying changes.

Effective December 1, 2019.

Part II.

Adds new Subpart D, Dignity for Incarcerated Women Act, in part 2 of Article 13 of GS Chapter 143B, providing as follows. Sets out the General Assembly's findings. Prohibits using the following types of restraints on a pregnant inmate upon notification or diagnosis of an inmate's pregnancy, for the duration of the pregnancy, and for 30 days following delivery: (1) leg restraints; (2) handcuffs or other wrist restraints, except to restrain the inmate's wrists in front of her; and (3) restraints connected to other inmates. Prohibits using restraints during labor or delivery. Includes an exception to these prohibitions for instances when a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or poses a substantial flight risk. Prohibits conducting invasive body cavity searches of pregnant inmates unless the correctional facility employee has a reasonable belief that the inmate is concealing contraband. Requires the Department of Public Safety (DPS) to ensure that pregnant inmates are provided sufficient food and dietary supplements as ordered by a physician, a physician staff member, or a facility nutritionist. Prohibits placing a pregnant inmate, or any female inmate who has given birth within the previous 30 days, in restrictive housing unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk. Prohibits assigning a pregnant inmate to any bed that is elevated more than 3 feet off of the floor. Requires the warden of the facility to compile a monthly summary of the written reports that are to be submitted when exceptions to the prohibitions above are made and to submit the summary to the Secretary of DPS.

Requires allowing the newborn to remain with the inmate for 72 hours following delivery unless doing so poses a health or safety risk to the newborn. Requires DPS to provide necessary nutritional and hygiene products to care for the newborn during the period of postpartum recovery; requires that such times be provided for free to indigent inmates. 

Requires DPS, to the greatest extent practicable, to place inmates who are parents of minor children within 250 miles of their permanent address of record. Requires adopting rules allowing visitation of inmates who are parents with low or minimum security classification by their children with the specified requirements, including eliminating restrictions on the number of children under age 18 who are allowed visitation privileges.

Requires limiting inspections by male correctional officers when a female inmate is in a state of undress. Requires specified reporting if a male correctional officer deems it appropriate to conduct an inspection or search while a female inmate is in a clear state of undress. 

Requires making sufficient menstrual products available; requires providing those items for free to indigent inmates.

Requires DPS to provide correctional facility employees and correctional officers who have contact with pregnant inmates with training related to the physical and mental health of pregnant inmates and fetuses, including the specified components. Also requires providing educational programming for pregnant inmates related to the specified topics. 

The above provisions are effective October 1, 2019.

Appropriates $3 million for 2019-20 from the General Fund to DPS, Division of Adult Correction, for implementing the statutory requirements above. Effective July 1, 2019.

Part III.

Requires the Secretary of Public Safety (Secretary) to place a prisoner in a facility as close as practicable to the prisoner's permanent residence, and to the extent practicable, in a facility within 125 driving miles of that residence, subject to seven specified factors, including bed availability, the prisoner's security designation, and other security concerns, and recommendations of the sentencing court. Requires the Secretary to, subject to those same seven factors and the prisoner's preference for staying or being transferred, to transfer prisoners to facilities closer to the primary residence even if the prisoner is already within 125 driving miles of the residence. Specifies that a designation of a place of imprisonment is not reviewable by any court. Effective October 1, 2019. 

Part IV.

Amends GS 153A-225 by adding the requirement that a local confinement facility transferring a prisoner to a State prison provide the receiving facility with the transferred prisoner's health information or medical records. Effective October 1, 2019.

Part V.

Requires the Secretary, in partnership with the Post-Release Supervision and Parole Commission, to do the following no later than one year from the date the act is enacted: (1) study the use of medical release for ill, disabled, and geriatric inmates over the previous five fiscal years, and extensions of the limits of confinement for permanently and totally disabled or terminally ill inmates over the previous five fiscal years and (2) report to the NCGA judiciary committees on seven specified topics related to inmate health, medical releases, extension of limits of confinement, and related recommendations and actions taken.

Part VI.

Appropriates $3.2 million for 2019-20 from the General Fund to the DPS, Division of Adult Correction, to provide inmates with access to telemedicine for mental health support during hours when no in-person specialist is available. Effective July 1, 2019. 

Part VII.

Appropriates $2.5 million for 2019-20 from the General Fund to the Administrative Office of the Courts to: (1) revise current citation and summons forms to include a notice on participation in court date notification systems, (2) improve existing court date notification systems, and (3) create court date reminder systems where they do not exist. Effective July 1, 2019.

Part VIII.

Appropriates $12 million from the General Fund to DPS, Division of Adult Correction, to hire staff to provide behavioral health and substance use treatment. Effective July 1, 2019. 

Part IX.

Appropriates $7.5 million from the General Fund to DPS, Division of Adult Correction, to establish a Day Treatment Program within the NC Correctional Institution for Women. Effective July 1, 2019. 

Part X.

Appropriates $2.8 million from the General Fund to DPS to fund Local Reentry Councils to fund housing support specialists and peer support counselors and to fund rental assistance programs and transportation assistance programs. Effective July 1, 2019. 

Part XI.

Effective when the act becomes law, unless otherwise indicated. 

Intro. by Grange, R. Turner, Hardister, K. Hall.APPROP, STUDY, GS 20, GS 143B, GS 153A
H 990 (2019-2020) GROUP HOME STABILIZATION & TRANSITION/FUNDS. Filed Apr 25 2019, AN ACT TO APPROPRIATE FUNDS FOR THE STABILIZATION OF COMMUNITY-BASED GROUP HOMES LICENSED UNDER CHAPTER 122C OF THE GENERAL STATUTES THAT RECEIVE STATE FUNDS AND TO PROVIDE FUNDS TO TRANSITION GROUP HOME REIMBURSEMENT TO MORE APPROPRIATE AND SUSTAINABLE SOURCES OF FUNDS AND TO ADDRESS DIRECT SUPPORT STAFF WAGES.

Includes whereas clauses.

Establishes the Group Home Stabilization and Transition Fund (Fund) in the Department of Health and Human Services (DHHS), to be used to stabilize the operations of licensed, community-based group homes receiving State funds, to provide incentives for the local management entities/managed care organizations (LME/MCOs) operating as prepaid health plans to use State funds to facilitate the transition of those group homes to more sustainable sources of permanent funding, and to improve wages and retention of staff providing direct support to the residents of those group homes. Transfers $26 million in nonrecurring funds for 2019-20 and $26 million in nonrecurring funds for 2020-21 from the General Fund to the Fund. 

Appropriates from the Fund to DHHS $26 million in nonrecurring funds for 2019-20 and $26 million in nonrecurring funds for 2020-21 to be used for the five specified purposes including incentivizing LME/MCOs as operating prepaid health plans to develop and implement new "in-lieu-of" services, 1915(b)(3) services, or other Medicaid-funded services to support the residential needs of Medicaid recipients living in licensed, community-based group homes, and increasing the existing per member per month payments to LME/MCOs for 2019-20 to quickly enable and facilitate the transition to a more appropriate and sustainable service-funding model for licensed, community-based group homes by January 1, 2020. Requires DHHS to report to the specified NCGA committees on a more appropriate and sustainable service model for residents of licensed, community-based group homes, to be implemented by January 1, 2020. Requires that State funds used to support residents of licensed community-based group homes prior to implementation to be reinvested in both the new funding model and increased rates to support and equalize wages of direct support personnel serving the residents. 

Requires DHHS, by January 1, 2020, to implement a policy directing LME/MCOs to (1) implement in-lieu-of services or other Medicaid-funded services for all eligible residents with intellectual or other developmental disabilities living in licensed, community-based group homes receiving State funds and (2) transition eligible residents to these services. Requires DHHS, in cooperation with stakeholders and LME/MCOs, to develop an actuarially sound, needs-based rate model and rate methodology for new in-lieu-of Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) services, or other Medicaid-funded services, that will be specific to the residential support services needed in group homes serving Medicaid recipients with intellectual or other developmental disabilities. Sets out additional requirements for the rate methodology and rate structure. Requires DHHS to develop a process where State funds used to support Medicaid recipients with intellectual or other developmental disabilities living in licensed, community-based group homes prior to the implementation of the new rate structure are used for the new in-lieu-of services or other Medicaid services. Prohibits displacing residents as a result of being found ineligible for Medicaid services after implementing the new services. 

Requires DHHS, by January 1, 2020, to implement a policy where LME/MCOs are incentivized to: (1) implement 1915(b)(3) alternative services for all eligible Medicaid recipients with mental health needs residing in group homes that receive State funds and (2) transition eligible residents to these services.  Requires DHHS to develop new model service definitions specific to the residential support services needed by Medicaid recipients with mental health needs living in licensed, community-based group homes, and to develop an actuarially sound rate model and rate methodology for the new alternative services. Requires DHHS to develop a process where State funds used to support Medicaid recipients with mental health needs living in licensed, community-based group homes before implementation of the new rate structure are used to fund the new alternative. Prohibits displacing residents as a result of being found ineligible for Medicaid services after implementing the new services. 

Effective July 1, 2019. 

Intro. by Dobson, Bell, Lambeth, Carney.UNCODIFIED
H 991 (2019-2020) FIRST RESPONDERS/WC BENEFITS DURATION. Filed Apr 25 2019, AN ACT TO AMEND THE WORKERS' COMPENSATION ACT TO REPEAL THE TWO-YEAR SUNSET PROVISION FOR THE BENEFIT OF ALL WORKERS AND TO PROVIDE THAT FIRST RESPONDERS ARE COMPENSATED AT ONE HUNDRED PERCENT OF SALARY WITHOUT A LIMIT ON THE DURATION OF MEDICAL COMPENSATION.

Amends GS 95-24 to no longer require that a claim for workers' compensation be filed or the employee be paid compensation within two years after the accident in order to have a right to compensation. 

Amends GS 97-25.1, which terminates the right to medical compensation two years after the employer's last payment of medical or indemnity compensation (unless certain conditions are met) to exclude from this limitation first responders.

Amends GS 97-29 as follows. Requires employers of a first responder who qualifies for total disability to pay the injured employee a weekly compensation equal to 100% of the first responder's average weekly wages.  Adds that first responders qualify automatically for extended compensation in excess of the 500-week limitation on temporary total disability if at the time the employee applies to exceed the limitation, 425 weeks have passed since the date of first disability, and there is evidence that the employee has sustained a total loss of wage-earning capacity. Defines first responder for use in the statute. Makes conforming changes. 

Intro. by Wray.GS 95, GS 97
H 994 (2019-2020) TOP FOUR OPEN PRIMARY/ELECTIONS. Filed Apr 25 2019, AN ACT TO ESTABLISH A PROCESS FOR TOP FOUR OPEN PRIMARY AND ELECTIONS AND TO APPROPRIATE FUNDS FOR THAT PURPOSE.

Sets out the purpose of the act. Provides that the procedures described in the act apply to election of any State or federal office, but not to any candidate for president. Requires that in order to appear on the primary ballot, candidates meet any petitioning requirements set by State law for nomination. Requires the open primary to allow every eligible voter, irrespective of party affiliation or unaffiliated status, to vote for any candidate, irrespective of their party affiliation, and allows voters to vote for one candidate. The four candidates with the most votes from the primary advance to the general election. Allows minor parties that are qualified for the general election to choose their nominee by party convention; therefore, general election may consist of the four highest-polling primary candidates and any minor party and unaffiliated candidates who meet state ballot access requirements. Requires the general election to be held on the first Tuesday after the first Monday of November in even-number years and requires it to be conducted by ranked-choice voting under which voters rank candidates in order of preference. Candidates with the fewest first-preference votes are eliminated and votes are redistributed to candidates that voters have marked as their next preferences.

Requires the State Board of Elections (State Board) to research and develop an optimal method for conducting and counting a ranked-choice voting election that includes a review of the specified issues. As part of the process, also requires the State Board to research and design an easy-to-understand ballot for ranking preferred candidates. 

The above provisions are effective December 1, 2019. 

Appropriates $410,000 in nonrecurring funds for each year of the 2019-2021 biennium from the General Fund to the State Board for implementation, education, and training related to ranked-choice elections. Requires that $210,00 of those funds be allocated to information technology development work related to election reporting and ballot changes to integrate into the current Statewide Elections Information Management System and $200,000 be used for statewide education and training. Effective July 1, 2019.

Intro. by Morey, Hawkins, Russell.APPROP, STUDY
H 995 (2019-2020) HARD CIDER/REVISE EXCISE TAX RATE. Filed Apr 25 2019, AN ACT TO MAKE THE EXCISE TAX RATE LEVIED ON HARD CIDER THE SAME AS THE EXCISE TAX RATE LEVIED ON MALT BEVERAGES.

Amends GS 105-113.80 to make hard cider subject to the same excise tax as that levied on malt beverages, which is 61.71 cents per gallon. Defines hard cider in GS 105-113.68. Makes conforming changes to GS 105-113.82 concerning the distribution of the tax, and GS 105-113.83 concerning payment of the tax. Applies to hard cider sold on or after October 1, 2019. 

Intro. by McGrady.GS 105
H 996 (2019-2020) TOP-PERFORMING STUDENTS/UNC TUITION SCHOLAR. Filed Apr 25 2019, AN ACT TO CREATE THE TOP-PERFORMING STUDENT/UNC TUITION SCHOLARSHIP PROGRAM FOR ELIGIBLE STUDENTS ATTENDING CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA AND TO APPROPRIATE FUNDS FOR THAT PURPOSE.

Adds new Part 5, University of North Carolina Tuition Scholarships for Top-Performing Students, in Article 23 of GS Chapter 116, providing as follows. Requires the State Education Assistance Authority (Authority) to annually award scholarships to eligible students to attend a UNC constituent institution in an amount not to exceed the cost of tuition per fall or spring academic semester for a maximum of eight academic semesters. Requires awarding scholarships in the order in which they are received. Sets out the following eligibilty requirements: (1) in the school semester prior to enrolling in a constituent institution, the student graduates from a public high school located in this state in the top 10% of the student's graduating class; (2) qualifies as a resident of this State for tuition purposes; (3) gains admission as a student in a constituent institution in a curriculum program; and (4) the student signs a letter of intent that the student will remain a resident of North Carolina for at least four years following graduation from the constituent institution for which the student received the scholarship. Requires the constituent institution to refund the tuition grant to the Authority if a scholarship recipient is not enrolled and carrying a minimum academic load as of the tenth classroom day following the beginning of the school term for which the tuition is granted. Renews a scholarship annually if the student has a cumulative 3.0 grade point average and completes a minimum of 30 semester credit hours by the end of the academic year.

Establishes the North Carolina UNC Tuition Scholarship Fund Reserve (Fund Reserve) consisting of funds received by the Authority to provide tuition scholarships under this Part, returned scholarship money, and earned interest. Requires the Fund to be used for (1) tuition scholarships for the academic year that begins in the fiscal year following the fiscal year  in which the appropriation is made to the Reserve and (2) the administrative costs of the Authority, provided that no more than 5% of the funds appropriated each fiscal year for tuition scholarships is expended for administrative purposes.

Appropriates $174,817,800 in recurring funds for 2019-20 from the General Fund to the Fund Reserve for awarding scholarships.

The above provisions are effective July 1, 2019, and apply beginning with the award of tuition scholarships for the 2020-21 academic year. 

Amends GS 105-130.3 by increasing the rate of the state income tax on C Corporations from 2.5% to 3.15%. Effective for taxable years beginning on or after January 1, 2019.

Intro. by Hawkins.APPROP, GS 105, GS 116
H 998 (2019-2020) INDEPENDENT LIVING ACT. Filed Apr 25 2019, AN ACT TO ESTABLISH THE STATEWIDE INDEPENDENT LIVING COUNCIL AND IMPLEMENT A STATE PLAN FOR INDEPENDENT LIVING SERVICES.

Enacts new GS Chapter 168B, North Carolina Independent Living Act, which provides as follows.

Creates the 24-member Statewide Independent Living Council (Council) within the Department of Health and Human Services, Division of Vocational Rehabilitation Services, to develop, approve, and submit to the appropriate federal agency the State Plan for Independent Living Services (State Plan) every three years, and to monitor, review, and evaluate the implementation and effectiveness of the State Plan. Sets out additional duties. Requires the Council to hold its first meeting by May 1, 2020.  

Requires the State Plan to direct the use of federal funds provided under the federal Rehabilitation Act of 1973, as amended, and any State funds appropriated to the Council for independent living services. Requires the State Plan, and each amendment to it, to address the priorities in the Rehabilitation Act of 1973, to establish a statewide program of independent living services and a network of independent living centers. Specifies that any individual with a significant disability, as defined in the State Plan, is eligible for services under the Article (intends under the Chapter). Requires the Council to submit the State Plan, as amended, to the specified NCGA committee and division annually on July 1, to include the current State Plan for the preceding year, amendments to that State Plan, and outcome data. 

Requires the federal and State funds granted and appropriated to the Council to be administered by the Department of Health and Human Services, Division of Vocational Rehabilitation Services, to implement the State Plan, including the seven specified components, which include funding and operation of independent living centers in this state, independent living services to eligible individuals with disabilities, and training for individuals with disabilities. 

Appropriates $100,000 in recurring funds for 2019-20 and for 2020-21 from the General Fund to the Department of Health and Human Services, Division of Vocational Rehabilitation Services, to be allocated to the Council for implement the State Plan and the act. 

Requires the North Carolina Statewide Independent Living Council, Inc., to continue until the Governor makes all appointments under this act and all assets of the nonprofit corporation are transferred. The current State Plan for Independent Living continues in full force and effect until a new State Plan is submitted, approved, and adopted by the Council formed under the act.

Effective July 1, 2019.

Intro. by Gill, Farmer-Butterfield.APPROP, GS 168B
H 999 (2019-2020) REVISE, STUDY, & FUND LEP ALLOTMENT. Filed Apr 25 2019, AN ACT TO REVISE THE STUDENTS WITH LIMITED ENGLISH PROFICIENCY ALLOTMENT, TO REQUIRE THE STATE BOARD OF EDUCATION TO STUDY THE STUDENTS WITH LIMITED ENGLISH PROFICIENCY ALLOTMENT, AND TO APPROPRIATE FUNDS TO THE STUDENTS WITH LIMITED ENGLISH PROFICIENCY ALLOTMENT.

Requires the State Board of Education (State Board), for the 2019-21 fiscal biennium, to develop guidelines for identifying and providing services to students with limited proficiency in the English language, as follows: (1) requires allocating these funds to local school administrative units and to charter schools under a formula that takes into account the average percentage of students in the units or the charters over the past three years who have limited English proficiency and requires allocating funds to those schools only if average daily membership of the unit or charter school includes at least 20 students with limited English proficiency or if students with limited English proficiency comprise at least 2.5% of the average daily membership of the unit or charter school; (2) requires local school administrative units to use funds allocated to them to pay for classroom teachers, teacher assistants, tutors, textbooks, classroom materials/instructional supplies/equipment, transportation costs, and staff development of teachers for students with limited English proficiency; and (3) requires a county in which a local school administrative unit receives funds under this section to use the funds to supplement local current expense funds. Requires the Department of Public Instruction to prepare a head count of the number of students with limited English proficiency by December 1 of each year and requires those students to be assessed at least once every three years to determine English proficiency. 

Requires the State Board to study the allotment for students with limited English proficiency and report on the result by December 31, 2019, to the specified NCGA committee and division. Specifies minimum content of the report. 

Appropriates $3.4 million in recurring funds for 2019-20 from the General Fund to the Department of Public Instruction to increase the allotment for students with limited English proficiency. 

Effective July 1, 2019. 

Intro. by Meyer.APPROP, STUDY
H 1000 (2019-2020) COMPETENCY-BASED MATH PILOT. Filed Apr 25 2019, AN ACT TO ESTABLISH THE COMPETENCY-BASED MATHEMATICS EDUCATION PILOT PROGRAM.

Establishes the Competency-Based Mathematics Education Pilot Program (Pilot) within the Department of Public Instruction to be administered for five years, the purpose of which is to allow students in grades 9-12 to advance to higher levels of mathematics courses contingent upon the mastery of concepts and skills, rather than upon the awarding of course credits. Exempts participating schools and their students from the requirements of the standard course of study in mathematics. Requires the State Superintendent of Public Instruction and the Department of Public Instruction to develop guidelines selecting Pilot participants. Requires dissemination of the selection guidelines and the application form by October 31, 2019. Sets out minimum requirements for the application form. Allows approving up to five local school administrative units for participation in the Pilot. Requires participants to implement the plans presented in their applications beginning with the 2020-21 school year. 

Appropriates $500,000 in nonrecurring funds for 2019-20 from the General Fund to the Department of Public Instruction to administer and evaluate the Pilot.

Requires participating local school administrative units to be selected during the 2019-20 school year for implementation of the Pilot beginning with the 2020-21 school year. 

Intro. by Hurley, Saine.APPROP, STUDY
H 1004 (2019-2020) HIGH POINT LEAP/FUNDS FOR LITERACY PROGRAMS. Filed Apr 25 2019, AN ACT TO APPROPRIATE FUNDS FOR HIGH POINT LEAP TO EXPAND EXTENDED LEARNING LITERACY PROGRAMS OUTSIDE OF THE SCHOOL DAY.

Appropriates $25,000 for each year of the 2019-21 fiscal biennium from the General Fund to the Department of Public Instruction (DPI) for High Point LEAP to expand its extended learning literacy programs and wrap-around services outside of the school day to students and families. Specifies the services that are to be provided with the funds. Requires High Point LEAP, in consultation with DPI to report each year State funds are expended by April 15, beginning in 2020, to the specified NCGA committee on the implementation of the literacy programs and wrap-around services. Specifies items to be included in the report. Effective July 1, 2019. 

Intro. by Brockman, Clemmons.APPROP
H 1007 (2019-2020) STEM ELECTIVE COURSE USING BALLISTICS SCIENCE. Filed Apr 25 2019, AN ACT TO PROVIDE FOR AN ELECTIVE COURSE FOR HIGH SCHOOL STUDENTS TO EDUCATE THEM ON THE CORRECT HISTORY OF FIREARMS, SAFE HANDLING OF FIREARMS, AND COMPETENT UNDERSTANDING OF FIREARMS OPERATION AND TO USE THE UNDERLYING CHARACTERISTICS OF FIREARMS AND BALLISTICS SCIENCES TO STIMULATE INTEREST IN SUBJECTS RELATED TO SCIENCE AND ENGINEERING.

Enacts new GS 115C-81.90 requiring the State Board of Education (State Board) to develop or identify an academically rigorous elective course on firearms and ballistics that can be offered at the high school level, at the discretion of each local board of education. Sets out requirements for the course content. Prohibits a local board of education offering the class from allowing the use or possession of live ammunition or a fully assembled or fully functional firearm in a classroom setting; however, does not prohibit the lawful possession of live ammunition or a firearm by a law enforcement officer, acting in his or her official capacity, on educational property.

Requires the State Board to establish the course of study for the elective by December 31, 2019. Also requires establishing criteria for grant proposals by educators to develop a curriculum for that elective, including a requirement that the curriculum be completed no later than August 1, 2020. Requires proposals to be accepted no later than March 31, 2020, and requires the grant to be awarded no later than May 1, 2020. 

Appropriates $100,000 for 2019-20 from the General Fund to the Department of Public Instruction to fund grants for the curriculum development. Effective July 1, 2019. 

Intro. by Adams, Beasley, McNeill, Rogers.APPROP, GS 115C
H 1008 (2019-2020) REAL PROPERTY DONATION TAX CREDIT. Filed Apr 25 2019, AN ACT TO INCENTIVIZE BUFFERING OF MILITARY INSTALLATIONS FROM INCOMPATIBLE DEVELOPMENT AND PROTECTION OF FLOODPLAINS IN HURRICANE-DISASTER COUNTIES THROUGH THE USE OF TIME-LIMITED TAX CREDITS.

Reenacts GS 105-13.34, providing C corporations with an income tax credit for certain real property donations, and GS 105-151.12, providing individuals with income tax credits for donations of certain real property, and makes the following changes to those statutes. Makes the credit applicable to the donation of an interest in real property located in the state that is useful (1) for farmland preservation; (2) as a buffer to limit land use activities that would restrict, impede, or interfere with military training, testing, or operations on a military installation or training area or otherwise be incompatible with the mission of the installation; or (3) for floodplain protection in a county that in the three years preceding the donation, was the subject of a Type II or III gubernatorial disaster declaration as a result of a natural disaster. Requires the certification that the donated property is suitable for one or more of these public benefits be made by the Department of Natural and Cultural Resources (was, the Department of Environment and Natural Resources). Further amends GS 105-153.11 to make the portion of a qualifying donation that is the basis for the credit under the statute ineligible for deduction as a charitable contribution under GS 105-130.9. Deletes outdated language. Effective for taxable years beginning on or after January 1, 2019, and expires for taxable years beginning on or after January 1, 2023.

Intro. by Setzer, Szoka, Ross, Carney.GS 105
H 1011 (2019-2020) FELONIOUS GAMING MACHINES. Filed Apr 25 2019, AN ACT TO CLARIFY FELONIOUS POSSESSION OF ELECTRONIC SWEEPSTAKES MACHINES OR DEVICES.

Amends GS 14-297 by adding the following. Makes it a Class 2 misdemeanor to knowingly suffer to be opened or used in or on any part of any premises owned or controlled by that person more than four electronic machines or devices and requires that such electronic machines or devices be forfeited. Requires a premises with four or less electronic machines or devices to keep them more than 100 feet from any other electronic machines or devices.

Specifies that it is not a violation for any person to, before January 1, 2020, knowingly suffer to be opened or used 25 or fewer electronic machines or devices, located in or on any part of any premises owned or controlled by that person. Allows for continued use of by that person after January 1, 2020, as long as the person complies with Article 2E of GS Chapter 105 and does not divide, subdivide, partition, lease, or sublease those premises as a means to open or use additional electronic machines or devices. Violations are: (1) a Class 1 misdemeanor for the first offense, (2) a Class H felony for the second offense, and (3) a Class G felony for a third or subsequent offense.

Subjects any person who does not display the required permit sticker or displays an expired permit sticker  to a penalty of up to $1,000 per violation and allows for seizure or disabling of that machine or device.

The above applies to offenses committed on or after October 1, 2019.

Amends GS 14-306.4, which prohibits the use of electronic machines and devices to make the statute applicable to an electronic machine or device whether or not it is a single or multiplayer game, and whether or not it is a single terminal or multiple terminals. Amends the definition of entertaining display to include a fish game or any other multiplayer or multistation video game. Excludes from the statute any video game based on or involving the random or chance matching of different pictures, words, numbers, or symbols that involves the skill or dexterity of the player if the electronic machine or device uses a certified valid sweepstakes system, which is to include certification of both the sweepstakes game software as well as the functionality of the sweepstakes promotion. Requires the certification to include a unique certification number issued by a specifically certified lab and requires the certification to have been issued on or before January 1, 2020. 

Adds new Article 2E, Electronic Sweepstakes, in GS Chapter 105, which provides as follows. Levies an annual excise tax of $250 on each certified electronic machine or device operated in this State. The tax is applicable without regard to how the machine or device: (1) is activated; (2) is programmed for operation; or (3) determines and associates the prize with an entry at the time the sweepstakes is entered. Effective January 1, 2020. 

Except as otherwise provided, effective December 1, 2019. 

Intro. by Bell, Hardister, Humphrey, Saine.GS 14, GS 105
H 1012 (2019-2020) SAFETY UPDATES FOR RENTAL PROPERTIES. Filed Apr 25 2019, AN ACT AUTHORIZING LOCAL GOVERNMENTS TO DECLARE A DWELLING UNFIT FOR HUMAN HABITATION IF THERE IS HARMFUL FUNGAL GROWTH THEREIN, TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH STATEWIDE PARAMETERS AND GUIDELINES FOR EXPOSURE TO FUNGAL GROWTH THAT MAY RESULT IN MEDICAL AILMENTS, AUTHORIZING LOCAL GOVERNMENTS TO EXPEND TAX AND NONTAX FUNDS FOR TESTING PURSUANT TO THE STATEWIDE PARAMETERS AND GUIDELINES, AND APPROPRIATING FUNDS FOR FUNGAL GROWTH TESTING BY LOCAL GOVERNMENTS.

Amends GS 160A-441 to extend when a city or county may exercise its police powers to repair, close, or demolish a dwelling to include when the dwelling is unfit for human habitation due to fungal growth that may result in medical ailments as a result of prolonged exposure, as determined by parameters and guidelines established by the Commission for Public Health. 

Amends GS 160A-444 to make conforming changes. Also adds that the Commission for Public Health (Commission) must adopt rules establishing statewide parameters and guidelines for exposure to fungal growth that may result in medical ailments. Sets out six considerations when establishing those parameters and guidelines including fungal species that can cause respiratory and immune ailments from prolonged exposure, the ability of counties and cities to implement fungal growth testing in a timely manner, and the cost of remediating fungal growth. Sets out steps relating to notice and public hearings and comments that the Commission must take at least 30 days before adopting, amending, or repealing a rule implementing these requirements. Allows the governing board of a county or city to expend tax or nontax funds to conduct tests under the established parameters and guidelines. Also allows entering into contracts with and accepting loans and grants for testing purposes. 

Amends GS 42-42 by amending the requirement for a landlord to repair or remedy an imminently dangerous condition on the premises in a reasonable time to include fungal growth that may result in medical ailments for the tenant or another person authorized to live in the dwelling. Makes conforming changes to GS 42-43 by requiring a tenant to notify a landlord of the presence of such fungal growth.

Amends GS 150B-1 to exempt the Commission with respect to developing fungal growth parameters and guidelines from rulemaking requirements under Article 2A of GS Chapter 150B. 

Allows the governing body of a county or city exercising the authority granted by Part 6 of Article 19 of GS Chapter 160A to adopt ordinances to implement the statewide parameters and guidelines established by the Commission. Allows the ordinances to include the manner and time period in which tenants must notify the landlord of the presence of fungal growth in a dwelling unit, and a tenant's notification, if in accordance with the ordinance, be deemed notification under the statutory requirements. Allows the ordinances to prescribe what constitutes a reasonable period of time in which the landlord must take action to remediate fungal growth in a dwelling unit, and the landlord's remedial action, if in accordance with the ordinance, is deemed to comply with the statutory requirements.

Appropriates $90,000 in nonrecurring funds for 2019-20 from the General Fund to the Commission to provide grants to counties and cities to conduct fungal growth testing. 

Intro. by Beasley, Belk.GS 42, GS 150B, GS 160A

The Daily Bulletin: 2019-04-26

The Daily Bulletin: 2019-04-26

The Daily Bulletin: 2019-04-26

ACTIONS ON BILLS

Actions on Bills: 2019-04-26

PUBLIC BILLS

H 66: REQ ACTIVE TIME FELONY DEATH MV/BOAT.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 106: INMATE HEALTH CARE & 340B PROGRAM. (NEW)

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Appropriations, Justice and Public Safety
    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Appropriations, Justice and Public Safety

H 219: NAIC ACCREDITATION AMENDMENTS.-AB

    House: Regular Message Sent To Senate

H 220: INSURANCE TECHNICAL CHANGES.-AB

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 256: ADOPT OFFICIAL FRIED CHICKEN FESTIVAL.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 268: AMEND ON-SITE WASTEWATER LAWS/MISC. TC. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 296: RESPECT FOR FAMILIES- LEOS/FIREFIGHTERS/EMS. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 310: CLARIFY INSURANCE PROD'R CRIM. BCKGRD CHECK.

    House: Regular Message Sent To Senate

H 393: MODERNIZING SEXUAL ASSAULT LAWS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 425: IMPLEMENT CONNER'S LAW. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 432: WATER/SEWER TO CONTIGUOUS DWELLING UNITS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 434: SUICIDE RISK REF./MENTAL HEALTH/TEEN VIOLENCE.

    House: Regular Message Sent To Senate

H 451: TEMP. ABAWD TIME WAIVERS. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 474: DEATH BY DISTRIBUTION.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 493: ABUSE & NEGLECT RESOURCES.

    House: Regular Message Sent To Senate

H 511: NORTH CAROLINA FIRST STEP ACT. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 521: TRANSITIONAL LICENSE/TEACHER FROM OTHER STATE (NEW)

    House: Regular Message Sent To Senate

H 522: STUDY OUTSIDE WATER RATES.

    House: Regular Message Sent To Senate

H 532: DNCR ADD NEW TRAILS & VARIOUS CHANGES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 554: FUNERAL PRACTICE LICENSURE TECH. CORRECTIONS.

    House: Regular Message Sent To Senate

H 563: 30 MIN. DUTY-FREE LUNCH FOR TEACHERS.

    House: Regular Message Sent To Senate

H 578: MODIFY LEGITIMATIONS PROVISIONS.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 598: BOTTLENOSE DOLPHIN AS STATE MARINE MAMMAL.

    House: Regular Message Sent To Senate

H 604: SMALL BUSINESS RETIREMENT PROGRAM.

    House: Regular Message Sent To Senate

H 611: AMEND RULES OF EVID./BINDING ARBITRATION.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 628: 2019 BANKING & MORTGAGE CORRECTIONS & CHANGES.

    House: Regular Message Sent To Senate

H 629: LAW-ENFORCEMENT MUTUAL AID.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 653: SCHOOL TRANSP. PERSONNEL SALARY CHANGES.

    House: Regular Message Sent To Senate

H 654: CAR DEALER DISPLAYS MUST CONTAIN CONTACT INFO.

    House: Regular Message Sent To Senate

H 664: MYFUTURENC/POSTSECONDARY ATTAINMENT GOAL.

    House: Regular Message Sent To Senate

H 675: 2019 BUILDING CODE REGULATORY REFORM.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 679: RULES OF CIV PROCEDURE/E-FILING AND SERVICE. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 681: U.S. ARMY SPECIAL FORCES REG PLATE/FEES.

    House: Regular Message Sent To Senate

H 687: ENCOURAGE ATTY CLE EXEMPT FOR NCGA EMPLOYEES. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 697: STATE SURPLUS PROP. COMPUTERS FOR NONPROFITS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 702: MODIFY JUVENILE CRIME PREVENTION COUNCILS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 712: DISPOSITION OF UNCLAIMED OR SEIZED FIREARMS.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 715: SHRA/STRONGER WHISTLEBLOWER PROTECTION.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 747: NC MISSING PERSON INFORMATION SHARING.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 764: WOMEN'S CANCER RESEARCH & PREVENT. TASK FORCE.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 773: ESTABLISH SUDEP AWARENESS WEEK.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 806: OPEN EXERCISE & FITNESS FACILITIES. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 872: UNDERGROUND UTILITY SAFETY ACT/CHANGES.

    House: Serial Referral To Finance Stricken

H 878: AMEND DANGEROUS DOG LAWS.

    House: Withdrawn From Com
    House: Re-ref Com On State and Local Government
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

H 945: AUGMENT DISABLED VETERAN PROPERTY TAX BENEFIT.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 946: FREE LUNCH FOR SOME STUDENTS/STOP LUNCH SHAME.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 947: FREE BREAKFAST AND LUNCH IN K-12 PUB. SCHOOLS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 948: FUNDS FOR UNIVERSAL NC PRE-K.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House

H 949: OPIOID PILOT PROGRAM/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House

H 950: FUNDS FOR TRIANGLE LITERACY COUNCIL.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 951: HOLLYWOOD HEIGHTS COMMUNITY CTR FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, General Government, if favorable, Rules, Calendar, and Operations of the House

H 952: SPRING LAKE VETERANS MEMORIAL PARK FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, General Government, if favorable, Rules, Calendar, and Operations of the House

H 953: FUNDING FOR STUDENTS WITH DISABILITIES/METHOD.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 954: QUALIFIED DISABLED VETERAN PREFERENCE. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Homeland Security, Military, and Veterans Affairs, if favorable, Appropriations, General Government, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Homeland Security, Military, and Veterans Affairs, if favorable, Appropriations, General Government, if favorable, Rules, Calendar, and Operations of the House

H 955: SAM'S LAW.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 956: FUNDS/YOUTH VILLAGES AND OTHER PURPOSES.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Agriculture and Natural and Economic Resources, if favorable, Rules, Calendar, and Operations of the House

H 957: SMALL BUSINESS INCOME TAX RELIEF.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 958: ELECTRIC UTILITIES/ALLOW AND STUDY RTE.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 959: EXEMPT CEMETERY PROPERTY.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 960: FUNDS FOR QUALITY ASSURANCE POSITIONS/DSS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House

H 961: ENSURING AUTHORIZATION OF FEDERAL FUNDS. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 962: LEASE-PURCHASE AGREEMENT ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House

H 963: MODIFY MEMBERSHIP FOR STATE CFAC/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House

H 964: RESTORE SINGLE-STREAM FUNDING FOR LME/MCOS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 965: CLIMATE CHANGE/SCHOOL STAFF DEV. FUNDS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 966: 2019 APPROPRIATIONS ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Pensions and Retirement, if favorable, Rules, Calendar, and Operations of the House, if favorable, Appropriations

H 967: DOT FIN. PRESERVATION AND ACCOUNTABILITY ACT. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Transportation, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Transportation, if favorable, Rules, Calendar, and Operations of the House

H 968: LOCAL GOV'T/INFLATION-ADJUSTED MINIMUM WAGE.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 969: IT STRATEGY BOARD & STRATEGY RESERVE.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Information Technology, if favorable, Rules, Calendar, and Operations of the House

H 970: ENHANCE AG TAX BENEFITS FOR BEGINNING FARMERS.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 971: MODERN LICENSURE MODEL FOR ALCOHOL CONTROL.

    House: Passed 1st Reading
    House: Ref to the Com on Alcoholic Beverage Control, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 972: FUNDS FOR SENIOR RESOURCES OF GUILFORD CO.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, General Government, if favorable, Rules, Calendar, and Operations of the House

H 973: GUN SECURITIZATION SALES TAX EXEMPTION.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 974: FUNDS TO EXTEND US ROUTE 311 IN WINSTON-SALEM.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Transportation, if favorable, Rules, Calendar, and Operations of the House

H 975: DMV TECHNOLOGY FEE.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 976: FUNDS/NC NEW TEACHER SUPPORT PROGRAM.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 977: DEVELOP HOMEGROWN TEACHERS-PILOT.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 978: NC TEACHING FELLOWS ENHANCEMENTS/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 979: HIGH-QUALITY TEACHER PROFESSIONAL DEVELOPMENT.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 980: REWARD EXCELLENCE IN TEACHING - NBPTS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 981: GROW YOUR OWN/HIGHLY EFFECTIVE TEACHERS/CADET.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 982: EXPANDING ACCESS TO AP COURSES PILOT PROGRAM.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 983: PEER WELLNESS CENTER PILOT PROGRAM.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House

H 984: LAFAYETTE TRAIL HIGHWAY MARKERS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Transportation, if favorable, Rules, Calendar, and Operations of the House

H 985: RURAL MODEL/OUT TEACH/PILOT FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

H 986: RESTORE LEA SALES TAX BENEFIT.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 987: STATE EMPLOYEES/PAID PARENTAL LEAVE.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 988: NEXT STEP ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Justice and Public Safety, if favorable, Rules, Calendar, and Operations of the House

H 989: REQUIRED COMPONENTS/MEDICAID TRANSFORMATION. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 990: GROUP HOME STABILIZATION & TRANSITION/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Health and Human Services, if favorable, Rules, Calendar, and Operations of the House

H 991: FIRST RESPONDERS/WC BENEFITS DURATION.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Finance, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House

H 992: FUNDS FOR WAR MEMORIAL FOUNDATION.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, General Government, if favorable, Rules, Calendar, and Operations of the House

H 993: ENACT NATUROPATHIC DOCTORS LICENSURE ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 994: TOP FOUR OPEN PRIMARY/ELECTIONS.

    House: Passed 1st Reading
    House: Ref to the Com on Elections and Ethics Law, if favorable, Appropriations, General Government, if favorable, Rules, Calendar, and Operations of the House

H 995: HARD CIDER/REVISE EXCISE TAX RATE.

    House: Passed 1st Reading
    House: Ref to the Com on Alcoholic Beverage Control, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 996: TOP-PERFORMING STUDENTS/UNC TUITION SCHOLAR.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Appropriations, Education, if favorable, Rules, Calendar, and Operations of the House

Actions on Bills: 2019-04-26

LOCAL BILLS

H 31: ALLOW DURHAM PUB. SCHOOLS TO PROVIDE HOUSING.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 105: RED LIGHT CAMERAS. (NEW)

    House: Regular Message Sent To Senate

H 134: FILLING VACANCY/ONSLOW COUNTY BOARD OF COMM.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/29/2019

H 286: FAYETTEVILLE ETJ &AMP ANNEXATION OF SHAW HEIGHTS.

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Finance Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

H 324: CLEVELAND/CALDWELL COUNTIES HUNTING OMNIBUS. (NEW)

    House: Regular Message Sent To Senate
    House: Regular Message Sent To Senate

H 429: NAVIGABLE WATERS/MANTEO/HYDE (NEW)

    House: Withdrawn From Com
    House: Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 445: SPECIAL SEP. ALLOWANCE/ALAMANCE CTY DOS.

    House: Reptd Fav
    House: Re-ref Com On Pensions and Retirement

S 63: CITY OF KANNAPOLIS/ANNEXATION.

    House: Passed 3rd Reading
    House: Ordered Enrolled

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