The Daily Bulletin: 2019-05-03

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The Daily Bulletin: 2019-05-03

PUBLIC/HOUSE BILLS
H 144 (2019-2020) HANDS FREE NC. Filed Feb 21 2019, AN ACT MAKING IT UNLAWFUL TO OPERATE A VEHICLE ON A PUBLIC STREET, HIGHWAY, OR PUBLIC VEHICULAR AREA WHILE ENGAGING IN DISTRACTED BEHAVIOR.

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

Deletes all provisions of the previous edition. Instead, enacts GS 20-137.3A to prohibit the operation of a motor vehicle on a public street, highway, or public vehicular area while using the person's hands to engage in distracted behavior that impairs or otherwise restricts the proper operation of the motor vehicle and results in operation that is careless, reckless, or heedless, under the then existing conditions. Specifies that use of a handheld mobile telephone and use of an electronic device is distracted behavior under the proposed law. Makes any violation of the law an infraction punishable by a $100 fine plus court costs. Prohibits insurance surcharges as a result of a violation. Applies to offenses committed on or after December 1, 2019. Requires law enforcement to issue only warning tickets for offenses committed within the six months immediately after the effective date of the act. Makes conforming changes to the act's long title.

Intro. by Corbin, Torbett, Hardister, Pierce.GS 20
H 347 (2019-2020) STUDY NO DELINQUENT/UNDISCIPLINED UNDER 10. (NEW) Filed Mar 13 2019, AN ACT DIRECTING THE JUVENILE JURISDICTION ADVISORY COMMITTEE TO STUDY MODIFYING THE DEFINITIONS OF DELINQUENT JUVENILE AND UNDISCIPLINED JUVENILE TO INCLUDE ONLY JUVENILES AT LEAST TEN YEARS OF AGE.

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

Makes technical changes to remove the changes to the definition of delinquent juvenile set out in GS 7B-1501(7) (as amended by the act) that becomes effective December 1, 2019.

Amends GS 143B-805 to make the definitions of delinquent juvenile and undisciplined juvenile as they apply to Part 3, Juvenile Justice Section, Article 13, Department of Public Safety mirror the definitions now provided for in GS 7B-1501.

Eliminates the proposed changes to GS 7B-2513, concerning committing delinquent juveniles to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety for placement in a youth development center. Makes conforming deletions.

Intro. by Morey, Horn, McGrady, Harrison.GS 7B, GS 143B
H 380 (2019-2020) AERIAL ADVENTURE COURSES/SANDERS' LAW. Filed Mar 19 2019, AN ACT TO REGULATE AERIAL ADVENTURE COURSES AND TO PROVIDE THAT THE ACT SHALL BE ENTITLED "SANDERS' LAW."

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

Modifies the civil penalties provisions set forth in proposed GS 95-112.14. Now sets the penalty for willful violations of Article 14C at no more than $1,000 rather than $10,000, with penalties for subsequent violations after a first conviction set at the discretion of the court rather than not to exceed $20,000.

Intro. by Davis, Howard, Setzer, Lucas.GS 95
H 400 (2019-2020) OMNIBUS LABOR LAW CHANGES. Filed Mar 20 2019, AN ACT MAKING VARIOUS CHANGES TO THE LABOR LAWS OF NORTH CAROLINA.

House committee substitute to the 2nd edition makes the following changes. Deletes proposed GS 95-153 which prohibited compelling Department of Labor employees who are charged with compliance duties from appearing at any legal or administrative proceeding concerning a division inspection or investigation performed by the Department unless the appearance is required for a hearing held pursuant to Article 16.

Deletes the content of GS 95-136(e) and instead provides that the names of witnesses or complainants, and any information within statements taken from witnesses or complainants during the course of inspection or investigation conducted under Article 16 that would name or otherwise identify the witnesses or complainants, are not admissible in court or before an administrative body except pursuant to the enforcement of Article 16 unless the witness or complainant signs a written release.

Intro. by McElraft.GS 95
H 594 (2019-2020) TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW) Filed Apr 3 2019, AN ACT TO AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS WHILE ALSO SAFEGUARDING THE PUBLIC HEALTH TO PREVENT THE SPREAD OF THE CORONAVIRUS DISEASE 2019 (COVID-19) AND TO ALLOW CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS.

House committee substitute to the 1st edition makes the following changes. Deletes the content of proposed GS 47F-3-123 and instead provides that an amendment to any declaration of covenants or bylaws that prohibits the lease of a lot within a planned community for more than 30 days is not effective against a lot in a planned community. Effective October 1, 2019, and applies to planned communities established on or after the effective date of the act if the declaration of covenants or bylaws contain no restrictions or limitations upon the ability of a lot owner to lease a lot within the planned community. Amends the act's long title.

Intro. by K. Hall, Howard, D. Hall, Richardson.GS 47F
H 606 (2019-2020) ARSON LAW REVISIONS. Filed Apr 4 2019, AN ACT TO AMEND THE REQUIREMENTS FOR CERTAIN AUTOMATICALLY RENEWING CONSUMER CONTRACTS.

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

Adds a new Part to the act, as follows.

Amends GS 58-79-1 to authorize the Commissioner of Insurance (Commissioner), through the Office of the State Fire Marshal (Office), and the State Bureau of Investigation (SBI), along with specified local fire departments and authorities (previously, the Director of the SBI through the SBI, the Office and the specified local entities) to investigate the cause, origin, and circumstances of fires, as specified. Makes conforming changes to the statute and to GS 58-79-5 to transfer the previous duties and authorities regarding investigations of the SBI Director to the Commissioner.

Amends GS 58-79-10 to assign the duties currently assigned to the SBI Director regarding fire investigations and arrests also to the Commissioner, except maintains that the Director only has the power to make arrests. Makes conforming changes and language gender-neutral. Makes conforming changes to GS 58-79-15 (Failure to comply with summons or subpoena).

Amends GS 58-79-40 to authorize the Office to request any insurance company investigating a fire of real or personal property to release any information in its possession relative to that loss. Also requires insurance companies to notify, cooperate with, and provide relevant information to the Office if the company believes the property loss was caused by incendiary means.

Effective October 1, 2019.

Makes conforming changes to the act's long title.

Intro. by McNeill, Boles, Faircloth, Saine.GS 14, GS 58
H 686 (2019-2020) FREEDOM TO CELEBRATE THE FOURTH OF JULY. (NEW) Filed Apr 10 2019, AN ACT TO PROTECT THE RIGHT TO CELEBRATE THE FOURTH OF JULY, IN COMMEMORATION OF THE DECLARATION OF INDEPENDENCE OF THE UNITED STATES.

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

Amends GS 75-41, which sets forth certain requirements for any person engaged in commerce that sells, leases, or offers to sell or lease, any products or services to a consumer under a contract that automatically renews unless the consumer cancels the contract. No longer requires that the statement be provided in a separate statement or that it be at least 12-point type and in bold print. Amends the content of the required disclosure statement as follows. Deletes the provision stating that if the consumer does not sign the contract and disclosure statement, then the contract will not be automatically renewed, but that a notice of termination of contract will be provided to the consumer at least 60 days before the contract termination date. In lieu of an e-mail address, mailing address, or toll-free phone number, allows providing another cost-effective, timely, and easy-to-use mechanism that the consumer may use to terminate the automatic renewal. Requires that for any automatic renewal of 12 months or more, that the consumer be given notice by personal delivery, e-mail, first-class mail, or any other form of notice agreed to by the consumer, at least 15 days but no earlier than 60 days before the contract is to be automatically renewed (was, for any automatic renewal exceeding 60 days, provide the consumer with written notice by personal delivery, e-mail, or first-class mail at least 15 days but no earlier than 45 days before the contract is to automatically renew), stating the renewal date and notifying the consumer that the contract will automatically renew unless it is cancelled prior to that date.

Deletes the requirement that the consumer be given written confirmation and notice of termination of the automatic renewal when the consumer cancels the automatic renewal. Deletes the prohibition on automatically renewing a contract, charging a consumer a higher fee or contract amount, or otherwise penalizing a consumer if the consumer did not sign a disclosure statement and the required termination of the automatic renewal provision of a contract within 30 days of receipt of a notice from a consumer that the consumer has permanently relocated to a hospital, nursing home, or assisted living facility.

Amends the act's long title. 

Intro. by Stevens.GS 75
H 708 (2019-2020) LRC STUDY- AFFORDABLE HOUSING. Filed Apr 10 2019, AN ACT TO DIRECT THE LEGISLATIVE RESEARCH COMMISSION TO STUDY AFFORDABLE HOUSING IN THE STATE.

House committee substitute to the 1st edition makes the following changes. Adds an examination of any costs that may be associated with government rules, regulations, and ordinances, to the items that the Legislative Research Commission must do when studying affordable housing in the State. 

Intro. by Holley, Hardister, Autry, Setzer.STUDY
H 712 (2019-2020) DISPOSITION OF UNCLAIMED OR SEIZED FIREARMS. Filed Apr 10 2019, AN ACT TO AUTHORIZE THE COURT TO ORDER THE DESTRUCTION OF A FIREARM IF THE COURT DETERMINES IT IS IN THE BEST INTEREST OF PUBLIC SAFETY AND TO AUTHORIZE A LAW ENFORCEMENT AGENCY TO CONSIGN A SEIZED OR UNCLAIMED FIREARM TO A FEDERALLY LICENSED FIREARM DEALER FOR SALE OR TO ALLOW DESTRUCTION OF THE FIREARM IF IT IS UNABLE TO BE SOLD.

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

Modifies and adds to the proposed changes to GS 15-11.1 as follows. Now requires rather than authorizes a judge to order the disposition of the firearms in one of the specified ways after hearing. Now includes among the instances in which a firearm to be turned over to be destroyed by the sheriff when the court makes a determination that it is in the best interest of public safety that the firearm not be returned to the defendant or anyone with an ownership or possessory interest in the firearm (no longer includes that a federally licensed firearm dealer that the firearm has negligible value as a trade-in for a replacement firearm for the agency's official use). Concerning an order for the firearm to be turned over to law enforcement, adds provisions requiring the agency to arrange for consignment, when other stated disposal options cannot be used, to a licensed firearm dealer for sale at a reserve of $150, and only allows for destruction of the firearm if the agency cannot arrange for consignment, the firearm is not sold after six months of consignment, or the firearm is consigned and the dealer determines before six months that the dealer cannot sell the firearm. Allows the federally licensed firearm dealer to retain a reasonable fee for the sale of a firearm on consignment under the provisions. Removes language allowing for destruction if the federally licensed firearm dealer determines that the firearm has negligible value as a trade-in for a replacement firearm for the agency's official use. Makes conforming and organizational changes. Makes conforming changes to GS 15-11.2 concerning unclaimed firearms. Makes further technical changes to GS 15-11.2. Makes conforming changes to the act's long title.

Intro. by Faircloth, McNeill, Ross, R. Turner.GS 15
H 808 (2019-2020) COMMUNITY CATS/ANIMAL SHELTER DISPOSITION. Filed Apr 16 2019, AN ACT REGARDING THE DISPOSITION OF UNOWNED CATS AND TO AMEND LAWS FOR DISPOSAL OF ANIMALS SURRENDERED TO AN ANIMAL SHELTER.

House committee substitute to the 2nd edition makes the following changes. Amends GS 130A-192 by defining animal advocate group as it is used in the statute to mean a shelter, rescue, or nonprofit that complies with the Animal Welfare Act. Amends GS 19A-32.1 to allow an animal that is surrendered to an animal shelter by the animal's owner and not reclaimed during the minimum holding period to be transferred to an animal advocate group, which is defined in the same manner as it is defined in GS 130A-192.

Intro. by McElraft, Humphrey.GS 19A, GS 130A
H 870 (2019-2020) CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS. Filed Apr 16 2019, AN ACT TO CLARIFY STATUTES OF LIMITATION AND REPOSE APPLICABLE TO ACTIONS BROUGHT AGAINST PROFESSIONAL LAND SURVEYORS.

House committee substitute to the 1st edition changes the act's effective date to provide that the act applies to actions arising (was, actions filed, arising, or pending) on or after the effective date. Make a conforming deletion by removing provision related to when an action is pending. 

Intro. by Arp, Torbett, Brody, Richardson.GS 1
H 880 (2019-2020) LANDLORD/TENANT CHANGES. Filed Apr 16 2019, AN ACT TO ALLOW AUTHORIZED INDIVIDUALS TO DIRECT THE REMOVAL OR DISPOSAL OF CERTAIN PERSONAL PROPERTY OF A DECEDENT LOCATED IN LEASED PREMISES AND TO AUTHORIZE COLLECTION OF CERTAIN EXPENSES RELATED TO A SUMMARY EJECTMENT PROCEEDING AND EXECUTION OF A WRIT OF POSSESSION.

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

Modifies the proposed changes to GS 42-46 regarding authorized fees, costs, and expenses. Specifies that the statute, as amended, does not prohibit the landlord and tenant from reaching an agreement to resolve a dispute involving an alleged default under a lease or agreement on terms agreeable to the parties so long as the negotiated terms are consistent with the fees, costs, or expenses permitted by the statute. 

Makes changes to proposed GS 42-36.1B to now require a landlord who enters into an agreement to retain or regain possession of the demised premises, after obtaining a judgement for possession under the Chapter, to submit a motion and proposed order for relief from the judgment pursuant to GS 1A-1, Rule 60(d), to the clerk of superior court in which the judgment was entered no later than 30 days, rather than 60 days, after satisfaction of the terms of the agreement. Clarifies that, concerning liability of the landlord for failure to file a motion and proposed order for relief, the attorneys' fees and costs resulting from the landlord's failure to act, and the defendant's monetary damages, including unpaid rent or one month's rent under the lease or agreement, as specified, are to be paid by the landlord to the tenant.

Adds to GS 1A-1, Rule 60, which authorizes the court to relieve a party or his or her legal representative from a final judgment, order, or proceeding for reasons of mistake, inadvertence, excusable neglect, newly discovered evidence, and fraud, as specified. Sets forth procedures for a prevailing party to motion the court for relief from the judgement entered against the opposing party due to the specified reasons, providing for an automatic dismissal with prejudice. 

Makes technical and clarifying changes to the act's effective date provisions. 

Intro. by Hardister, Ross, Richardson, Hunter.GS 1A, GS 42
H 882 (2019-2020) EARLY CHILDHOOD RECOMMENDATIONS/DHHS. Filed Apr 16 2019, AN ACT TO ENHANCE THE EARLY CHILDHOOD WORKFORCE.

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

Modifies the proposed changes to GS 110-91(8) (mandatory standards for staff in child care facilities) to maintain current law exempting religious sponsored child care facilities pursuant to GS 110-106 from the staff qualification requirements. Additionally, eliminates the proposed changes to GS 110-106 (religious sponsored child care facilities) and instead maintains current law.

Intro. by Dobson, Black, Horn, Russell.STUDY, GS 110
H 925 (2019-2020) MED MAL/JURY INSTRUCTION/JUDICIAL ASSIGNMENTS. Filed Apr 16 2019, AN ACT TO REQUIRE JURIES TO RECEIVE WRITTEN INSTRUCTIONS FROM THE JUDGE IN MEDICAL MALPRACTICE SUITS AND TO ENCOURAGE EACH SENIOR RESIDENT SUPERIOR COURT JUDGE TO DESIGNATE A SPECIFIC SUPERIOR COURT JUDGE TO HEAR ALL ASPECTS OF A MEDICAL MALPRACTICE CASE.

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

Modifies the proposed additions to GS 1A-1, Rule 51, concerning instructions to the jury. Now authorizes and encourages, rather than requires, the court to provide the written instructions to the jury to take to the jury room during deliberations in civil cases subject to Rule 9(j) of the Rules of Civil Procedure (concerning medical malpractice pleadings).

Modifies the proposed additions to GS 7A-47.3 to encourage and authorize the Senior Resident Superior Court Judge to, in consultation with the Administrative Office of the Courts (AOC) and the parties to the case (rather than only the AOC), designate a specific resident judge or specific judge assigned to the District to preside over all cases subject to Rule 9(j) of the Rules of Civil Procedure. 

Intro. by D. Hall.GS 1A, GS 7A
H 966 (2019-2020) 2019 APPROPRIATIONS ACT. Filed Apr 25 2019, AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS.

House amendments to the 3rd edition, as amended, make the following changes.

Part V. General Provisions

Section 5.7 2020 Census Preparation Reserve

Amendment #44 makes clarifying changes to amendment #21, which requires that $400,000 for 2019-20 be transferred from the OSHR Minimum of Market Reserve and $350,000 for 2019-20 be transferred from the Pending Legislation Reserve, to the 2020 Census Preparation Reserve (Reserve) created in this section. Specifies that the specified funds are reduced from those reserves rather than transferred, and that the specified $750,000 appropriated in the Act (rather than transferred to the Reserve) for the Reserve is to be managed by the Office of State Budget and Management and used as previously specified. Makes conforming changes.

Part VII. Public Instruction

Section 7.19 Upstart Virtual Early Learning Pilot Program

Amendment #48 modifies amendment #20 to maintain rather than eliminate Section 7.19, which establishes a three-year virtual early learning pilot program.

Section 7.36 School Safety Grants Programs

Amendment #48 modifies amendment #20, which moved $1 million appropriated by the act to the Department of Public Instruction (DPI) for the 2019-20 fiscal year for the virtual early learning pilot (as eliminated) to the students in crisis grants, by changing the amount moved to $1,000. Makes conforming changes.

Part IX-B. Central Management and Support

Section 9B.9 DHHS Vacant Position Elimination Flexibility and Report

Amendment #41 adds a section that allows the Secretary of the Department of Health and Human Services to achieve the savings from vacant position eliminations for each year of the 2019-21 biennium by substituting alternative positions to be eliminated or reducing other operating funds. Requires a report to the specified NCGA committees and division by October 1 of 2019 and 2020 on the actions taken to achieve the budgeted reduction for vacant position eliminations for the fiscal year. Specifies information to be included in the report if alternative positions are eliminated.

Part IX-I. Social Services

Section 9I.16 Funds for Quality Assurance Positions

Amendment #43 adds a section decreasing recurring funds appropriated to the DHHS Division of Health Benefits for Immediate Care facilities, “in Lieu of” Services, for each year of the 2019-21 biennium by $1.5 million and increasing funds to the Division of Social Services by the same amount to provide a 50% match for participating counties to establish new quality assurance positons for child welfare within county departments of social services offices. Sets out the provisions governing allocation of the positions. Requires implementation of a comprehensive continuous quality improvement (CQI) training plan that provides all staff with training on the CQI plan, policies, and requirements that provide clarity regarding staff and stakeholder roles in the process. Makes conforming changes.

Section 9I.16 Annual Report/Certain TANF Expenditures

Amendment #47 directs the Department of Health and Human Services (DHHS), Division of Social Services, to biannually report to the specified NCGA committees and leaders, and post on its website, certain expenditures for the Temporary Assistance for Needy Families (TANF) program, including the dollar amount and number of transactions assessed or expended out of state and in the state, as specified. Provides for the confidentiality and redaction of personally identifying information of program recipients. Moves $5,000 appropriated each year of the biennium to the Division of Health Benefits to the Division of Social Services to be used for these reporting purposes. 

Part IX-K. DHHS Block Grants

Amendment #40 modifies specified amounts of the schedule for the mental health services block grant funds for the Peer Wellness Centers Pilot for the fiscal biennium. Makes conforming adjustments.

Part XV. Administrative Office of the Courts

Section 15.7 Innovative Court Pilot Project/Raise the Age Administrative Support Funds

Amendment #42 amends Amendment #13 to make the increase in the appropriation to Fund Code 1100 by $130,000 in 2020-21 nonrecurring instead of recurring.

Part XXXVIII. Salaries and Benefits

Section 38.7A Judicial Compensation Changes

Amendment #48 modifies the specified classifications for which salary adjustments are directed to include family court administrators rather than family case coordinators.

Section 38.21 Special Annual Leave

Amendment #39 expands the one-time additional five days of annual leave to be credited to eligible full-time permanent State or community college employees to include full-time permanent employees of a local board of education except any employees paid on the teacher or principle salary schedule on July 1, 2019.

Part XXXIX. Capital

Section 39.2 Capital Improvements and Repairs and Renovations Appropriations

Amendment #37 allocates from the State Capital and Infrastructure Fund a $1.5 million grant for the 2019-20 fiscal year to Fayetteville Cumberland County Dr. Martin Luther King, Jr. Park (a nonprofit organization) to complete the development of the Martin Luther King Jr. Park. Moves $1.5 million allocated to the UNCW-Supplement for Dobo Hall Renovation for the 2019-20 fiscal year, as specified. Makes conforming changes. 

Part XL. Transportation

Section 40.23 Funds to Conduct a Study of Ports and a Supply Chain Analysis for Offshore Wind Energy

Amendment #36 expands the NC Ports Authority study on transportation infrastructure to identify existing assets, current capabilities, and needed investments to assist in providing services for cargo, transportation, and trade, and to identify potential improvements to foster growth of offshore wind supply chain industries in the state, to also include rail networks. Adds the requirement that the NC Ports authority include in its study suggested improvements to the existing statewide rail network to accommodate the shipment of large-scale power generating units and turbines to ports within the State.

Section 40.24 Study/MPO Voting Power Distribution

Amendment #38 requires the Joint Legislative Transportation Oversight Committee to study (1) the process used and guidelines followed by the Metropolitan Planning Organizations and Rural Transportation Planning Organizations in determining how to distribute voting power among their voting members, (2) other state laws to determine if and how other states regulate the distribution of voting power among the voting member of Metropolitan Planning Organizations and Regular Transportation Planning Organizations, (3) methods to ensure regional governance under a weighted voting structure, (4) quorum determination by members present instead of by weighted vote, (5) methods to accomplish redesignation in which each municipality has equal voting power, and (6) any other topic or issue the Committee determines to be relevant. Requires a report to the 2020 Regular Session of the General Assembly.

Section 40.24 DOT Salaries

Amendment #45 adds a section requiring that of the funds appropriated to the Highway Fund, Reserves, Transfers, and Other, $2,404,834 for 2019-20 and $4,809,667 for 2020-21 be used to provide funding for an annualized across the board salary increase for Department of Transportation employees that is the greater of 1% or $500, effective January 1, 2020. Makes conforming changes.

Section 40.24 DOT Employee Benefits

Amendment #44 makes a technical correction to amendment #21.

View summary Agriculture, Alcoholic Beverage Control, Business and Commerce, Insurance, Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Delinquency, Motor Vehicle, Court System, Criminal Justice, Corrections (Sentencing/Probation), Development, Land Use and Housing, Property and Housing, Education, Preschool, Elementary and Secondary Education, Higher Education, Employment and Retirement, Environment, Energy, Environment/Natural Resources, Government, APA/Rule Making, Budget/Appropriations, Cultural Resources and Museums, Elections, General Assembly, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, UNC System, Department of Administration, Department of Agriculture and Consumer Services, Department of Commerce, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Information Technology, Department of Insurance, Department of Justice, Department of Public Instruction, Department of Public Safety, Department of Revenue, Department of State Treasurer, Department of Transportation, Office of State Budget and Management, Office of State Controller, Secretary of State, State Board of Education, State Board of Elections, State Government, Executive, State Personnel, State Property, Tax, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance, Public Health, Mental Health, Social Services, Adult Services, Child Welfare, Public Assistance, Lottery and Gaming, Military and Veteran's Affairs, Public Enterprises and Utilities, Transportation


H 1002 (2019-2020) EXPAND USE OF CAM SYSTEMS. (NEW) Filed Apr 25 2019, AN ACT TO EXPAND THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS IN PUNISHMENTS IMPOSED FOR CERTAIN IMPAIRED DRIVING CONVICTIONS AND TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH A CONTINUOUS ALCOHOL MONITORING SYSTEM AND TO CREATE A CONTINUOUS ALCOHOL MONITORING SYSTEM FUND TO ASSIST INDIGENT DEFENDANTS.

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

Modifies the proposed changes to GS 20-179 (Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments). No longer authorizes a court to order the Division of Adult Correction and Juvenile Justice to pay the costs of a continuous alcohol monitoring system when the court finds that a defendant should not be required to pay the costs of the system. Eliminates proposed GS 20-179.5, which provided that costs incurred to comply with continuous alcohol monitoring requirements imposed by a court as well as administrative fees are to be paid by the monitored person and created the Continuous Alcohol Monitoring Fund to be used to provide access to monitoring as a sentence option for indigent persons. 

Makes conforming changes to the act's titles.

Intro. by Rogers.GS 20

The Daily Bulletin: 2019-05-03

The Daily Bulletin: 2019-05-03

LOCAL/HOUSE BILLS
H 201 (2019-2020) RANDOLPH CO. REGISTER OF DEEDS TAX CERT. (NEW) Filed Feb 26 2019, AN ACT TO ALLOW RANDOLPH COUNTY TO NOT ACCEPT THE REGISTRATION OF A DEED TRANSFERRING REAL PROPERTY WHEN TAXES ARE DELINQUENT.

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

Deletes the proposed changes to GS 161-31 to allow all counties rather than certain counties to prohibit their respective register of deeds from accepting the registration of a deed transferring real property when taxes are delinquent. Instead maintains the statute's scope of the existing named counties and expands its scope to include Randolph County. Makes conforming changes to the act's long title.

Intro. by Hurley, McNeill.Randolph

The Daily Bulletin: 2019-05-03

ACTIONS ON BILLS

Actions on Bills: 2019-05-03

PUBLIC BILLS

H 29: STANDING UP FOR RAPE VICTIMS ACT OF 2019.

    House: Regular Message Sent To Senate

H 74: TAXPAYER REFUND ACT. (NEW)

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

H 87: LICENSE PLATE READER SYSTEMS IN STATE ROWS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 99: TRANSFER ALE/MOVE BOXING ADVISORY COMMISSION. (NEW)

    House: Regular Message Sent To Senate

H 135: ENJOIN SANCTUARY ORDINANCES (NEW).

    House: Serial Referral To Judiciary Stricken
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Serial Referral To Judiciary Stricken
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 138: DAMAGE JAIL & PRISON FIRE SPRINKLER/PENALTY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 144: HANDS FREE NC.

    House: Reptd Com Sub w/o Prejud
    House: Re-ref Com On Insurance
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 156: SWAIN COUNTY SETTLEMENT TRUST FUND. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 205: VEH. PROPERTY DMG./DETERMINING AMT. OF LOSS.

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

H 220: INSURANCE TECHNICAL CHANGES.-AB

    House: Regular Message Sent To Senate

H 244: CONTRACTOR/SUBCONTRACTOR COMPLIANCE.

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

H 274: CHILD ABUSE & NEGLECT/MILITARY AFFILIATION.

    House: Regular Message Sent To Senate

H 337: CHANGE SALVAGE VEHICLE TRANSFER REQUIREMENTS.

    House: Regular Message Sent To Senate

H 347: STUDY NO DELINQUENT/UNDISCIPLINED UNDER 10. (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 355: NOTARY PUBLIC/NONCITIZENS.

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

H 374: SEX OFFENDER/EXPAND RESIDENTIAL RESTRICTION.

    House: Regular Message Sent To Senate

H 380: AERIAL ADVENTURE COURSES/SANDERS' LAW.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 400: OMNIBUS LABOR LAW CHANGES.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar

H 447: ATTRACTIVE NUISANCES.

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

H 450: REDUCE BARRIERS TO IMPROVE NC HEALTH & SAFETY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 455: AMEND VARIOUS MOTOR VEHICLE LAWS. (NEW)

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

H 474: DEATH BY DISTRIBUTION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 479: STUDY SOLAR FACILITY DECOMMISSIONING RQMTS.

    House: Regular Message Sent To Senate

H 492: SIMPLIFY BUILDER INVENTORY EXCLUSION.

    House: Regular Message Sent To Senate

H 507: ANIMAL FIGHTS/CRIMINALIZE ATTENDANCE OF MINOR.

    House: Regular Message Sent To Senate

H 520: FIREFIGHTERS FIGHTING CANCER ACT.

    House: Regular Message Sent To Senate

H 548: MODIFY PHYSICAL THERAPY DEFINITION.

    House: Regular Message Sent To Senate

H 555: MEDICAID TRANSFORMATION IMPLEMENTATION. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 561: STRENGTHEN DANGEROUS DOG LAWS.

    House: Regular Message Sent To Senate

H 577: LIMIT OWNERSHIP OF CERTAIN ANIMALS.

    House: Regular Message Sent To Senate

H 590: AMEND ADMINISTRATIVE PROCEDURE LAWS.

    House: Regular Message Sent To Senate

H 594: TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (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 606: ARSON LAW REVISIONS.

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

H 608: SBI EMERGENCY PEN REGISTER/TRAP AND TRACE.

    House: Regular Message Sent To Senate

H 612: DSS REVIEW OF PROCEDURES/CRIMINAL HISTORY/OAH. (NEW)

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

H 622: PROVIDE WC FOR PTSD IN FIRST RESPONDERS.

    House: Regular Message Sent To Senate

H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)

    House: Regular Message Sent To Senate

H 635: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)

    House: Regular Message Sent To Senate

H 641: MODIFICATIONS TO VARIOUS DPS PROVISIONS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 652: 2ND AMENDMENT PROTECTION ACT. (NEW)

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

H 656: MEDICAID CHANGES FOR TRANSFORMATION.

    House: Regular Message Sent To Senate

H 658: ALLOW DONATIONS OF UNEXPIRED DRUGS.

    House: Regular Message Sent To Senate

H 678: AMEND COUNSELOR/SA/SOC. WORKER PROF. ACTS. (NEW)

    House: Regular Message Sent To Senate

H 686: FREEDOM TO CELEBRATE THE FOURTH OF JULY. (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 698: ADULT CARE HOME ACCREDITATION STUDY. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 704: RURAL HEALTH CARE STABILIZATION ACT. (NEW)

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

H 708: LRC STUDY- AFFORDABLE HOUSING.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 712: DISPOSITION OF UNCLAIMED OR SEIZED FIREARMS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 714: COMPETENCY-BASED ASSESSMENTS.

    House: Regular Message Sent To Senate

H 716: ADVISORY COUNCIL FOR PANS(PANDAS).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 718: FED. INSURED DEPOSITORY INST./INTEREST RATES.

    House: Regular Message Sent To Senate

H 724: TRUTH IN CALLER ID ACT.

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

H 730: TRASH COLLECTION/MULTIFAMILY RESIDENTIAL.

    House: Regular Message Sent To Senate

H 735: ADOPT RULES INCORPORATING 2017 FOOD CODE.

    House: Regular Message Sent To Senate

H 755: TRAVEL INSURANCE AMENDMENTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 757: PENDER COUNTY/BUTNER PROPERTY TRANSFERS. (NEW)

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

H 760: EXPAND LOSS PREVENTION INVESTIGATIONS.

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

H 761: CLARIFY WASTEWATER PERMITTING LIABILITY.

    House: Regular Message Sent To Senate

H 770: FREEDOM TO WORK/OLB REFORM. (NEW)

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

H 795: OPEN AMUSEMENT PARKS/ARCADES/PLAYGROUNDS. (NEW)

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

H 798: LOW-PERFORMING SCHOOLS.

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

H 802: PROHIBIT TOWING OUT-OF-STATE.

    House: Regular Message Sent To Senate

H 807: CHAMPIONSHIP NC ACT. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 808: COMMUNITY CATS/ANIMAL SHELTER DISPOSITION.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 812: NUTRIENT OFFSET AMENDMENTS.

    House: Regular Message Sent To Senate

H 813: HOWARD HUNTER, JR., EASTERN CRIME LAB.

    House: Regular Message Sent To Senate

H 824: WASTEWATER GRANT AMENDMENTS.

    House: Regular Message Sent To Senate

H 847: STUDY TITLE/REGIS/BRANDING SALVAGE VEHICLES.

    House: Regular Message Sent To Senate

H 866: CLARIFY PRIORITY STATUS OF CERTAIN LIENS.

    House: Regular Message Sent To Senate

H 869: DESIGN-BUILD CLARIFICATIONS.

    House: Regular Message Sent To Senate

H 870: CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS.

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

H 871: FAIR CONTRACTS. (NEW)

    House: Regular Message Sent To Senate

H 873: SYSTEM DEVELOPMENT FEE/ADU SEWER PERMIT. (NEW)

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

H 878: AMEND DANGEROUS DOG LAWS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 880: LANDLORD/TENANT CHANGES.

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

H 882: EARLY CHILDHOOD RECOMMENDATIONS/DHHS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 885: ONLY ALLOW COURTS TO CHARGE FTA FEE ONCE. (NEW)

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

H 886: STUDY PARTICIPATION OF OPERATORS IN NC PRE-K.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 888: EDUCATION ACCOMMODATIONS/SICKLE CELL DISEASE.

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

H 895: OPPORTUNITY GAP TASK FORCE.

    House: Regular Message Sent To Senate

H 902: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)

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

H 917: EMERGENCY DECLARATION/CLARIFY RD CLOSURE.

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

H 918: EXPEDITE PERMANENCY/DHHS REPORT SNAP/TANF. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

H 920: CONDOMINIUM ASSOCIATION CHANGES.

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

H 924: TEACHER CONTRACT CHANGES.

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

H 925: MED MAL/JURY INSTRUCTION/JUDICIAL ASSIGNMENTS.

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

H 933: STUDY CAREER/COLLEGE READINESS. (NEW)

    House: Regular Message Sent To Senate

H 934: RIGHT TO TRY ADULT STEM CELL TREATMENTS.

    House: Regular Message Sent To Senate

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

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

H 966: 2019 APPROPRIATIONS ACT.

    House: Amend Failed A35
    House: Amend Adopted A36
    House: Amend Adopted A37
    House: Amend Adopted A38
    House: Amend Adopted A39
    House: Amend Adopted A40
    House: Amend Adopted A41
    House: Amend Adopted A42
    House: Amend Adopted A43
    House: Amend Adopted A44
    House: Amend Adopted A45
    House: Amend Failed A46
    House: Amend Adopted A47
    House: Amend Adopted A48
    House: Amend Failed A49
    House: Amend Failed A50
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 1002: EXPAND USE OF CAM SYSTEMS. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/06/2019

S 359: BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.

    House: Withdrawn From Cal
    House: Placed On Cal For 05/06/2019

Actions on Bills: 2019-05-03

LOCAL BILLS

H 201: RANDOLPH CO. REGISTER OF DEEDS TAX CERT. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 240: ALBEMARLE/CITY LABOR FOR BUSINESS CTR.

    House: Regular Message Sent To Senate

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

    House: Regular Message Sent To Senate

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