Senate amendment #1 makes the following changes to the 3rd edition. Makes a technical change to GS 90-414.4(a3).
The Daily Bulletin: 2019-05-29
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The Daily Bulletin: 2019-05-29
Intro. by Dobson, White, Murphy, Lambeth. | GS 90 |
House committee substitute makes the following changes to the 2nd edition.
Deletes the provision that gave the Utilities Commission (Commission) and Public Staff, for 2019-20, sole authority and discretion to take the specified actions concerning the classification of positions of and the salaries for employees of the Utilities Commission and Public Staff. Instead, allows the Commission and Public Staff to make legislative recommendations on whether they should be given flexibility to (1) classify new positions or reclassify existing positions within the classification system adopted by the State Human Resources Commission or as otherwise provided by law, (2) determine the appropriate salary for employees if funding is available and the salary remains within the required salary range, or (3) make hiring decisions based on the flexibility to determine appropriate job classifications and salaries. Limits the scope of the report by the Commission and Public Staff that is due March 1, 2020, to the results of the study on the appropriate job classification and salaries for employees of the Commission and Public Staff; also changes a report recipient from the House Committee on Energy and Public Utilities to the Joint Legislative Commission on Energy Policy. Makes conforming changes the act's long title. Makes an additional technical change.
House committee substitute to the 2nd edition makes the following changes.
Changes the effective date provisions of the proposed changes to GS 105-129.105, concerning credit for rehabilitating income-producing historic structures, now providing that the changes are effective for taxable years beginning on or after January 1, 2020 (was January 1, 2019).
Modifies the proposed changes to GS 105-129.110, which extend the sunset provisions for Article 3L, Historic Rehabilitation Tax Credits Investment Program, now providing for the Article's expiration for qualified rehabilitation expenditures and expenses incurred on or after January 1, 2024 (was January 1, 2030). For qualified rehabilitation expenditures and expenses incurred prior to January 1, 2024, provides for the Article's expiration for property not placed in service by January 1, 2032 (rather than January 1, 2038).
Makes conforming changes to the act's long title.
Intro. by Ross, Bell, Warren, Adams. | GS 105 |
House committee substitute makes the following changes to the 1st edition. Adds the UNC School of the Arts new residence hall project, with a cost of $46 million, to the UNC capital improvement projects authorized to be acquired or constructed under the act.
Intro. by Grange, Szoka, Fraley. | UNCODIFIED |
House committee substitute to the 2nd edition makes the following changes.
Eliminates the proposed changes to GS 90-625, which increased the membership of the NC Board of Massage and Bodywork Therapy (Board) from seven to eight to include a member who is a licensed massage and bodywork therapy establishment operator. Makes conforming deletions of the provisions implementing the previously proposed membership changes. Instead, decreases membership of the Board from seven to five, now providing for three rather than five massage and bodywork therapist members appointed by the Speaker of the House, the President Pro Tem. of the Senate, and the Governor. Implements the membership changes June 30, 2019, providing for the Speaker and President Pro Tem. to designate one of their two appointments, respectively, to continue serving the member's remaining term after that date, while terminating the other members' terms on that date. Effective when the act becomes law (was July 1, 2019).
Modifies the proposed changes to the fee schedule set forth in GS 90-628. Now sets the maximum fees the Board can impose at: $30 for license application (was, $40); $200 for initial license (was, $300); $150 for license renewal (was, $200); $100 for late renewal penalty (was, $150); and $25 for duplicate license (maintains existing law; previously proposed increase to $50).
Eliminates the proposed changes to GS 90-629, concerning requirements for licensure as a massage and bodywork therapist, and GS 90-634.1, which increased the civil penalty from $1,000 to $2,000 for any violation of Article 36 or rules adopted by the Board and authorizing the Board to assess investigative and discipline hearing costs.
Makes conforming changes to the act's long title.
Intro. by McNeill. | GS 90 |
House committee substitute to the 2nd edition makes the following changes.
Adds organizational parts to the act.
Part I.
Places all previous provisions into Part I. Further amends GS Chapter 74C, Private Protective Services, making language gender-neutral throughout.
Part II.
Retitles GS Chapter 74D, Electronic Security Systems (was Alarm Systems) and makes changes throughout the Chapter to refer to "electronic security systems" rather than "alarm systems." Amends the Chapter as follows. Makes the Chapter's language gender-neutral.
Defines electronic security system business to include any person, firm, association or corporation that, unless exempt, (1) sells or attempts to sell an electronic security system by engaging in any personal solicitation to advise, design, or consult on specific types and specific locations of electronic security system devices and/or (2) installs, services, monitors, or responds to electrical, wireless or hardwired electronic or mechanical alarm signal devices and security systems, and integrated automation of a residence or business that includes a security element, burglar alarms, monitored access control, or cameras used to detect or observe illegal activity. Eliminates the previous exclusion of locking devices that record entry and exit data and do not transmit the data in real time so long as the provider is licensed by the Locksmith Licensing Board; instead provides for this exemption from the Chapter's provisions in GS 74D-3. Defines a qualifying agent to mean an individual who is a full-time employee in a management position licensed under the Chapter and who is registered with the Electronic Security Systems Board (Board; previously did not specify full-time employment). Establishes that a business entity required to be licensed under the Chapter is subject to the specified requirements regarding a qualifying agent (previously subject upon engaging in the business). Allows the business entity to notify the Board by letter or using the Board's online form upon its qualifying agent ceasing to perform his or her duties (previously only specified notification be in writing). Adds a new provision authorizing the Director of the Board to extend the 90-day period by which the business entity must obtain a substitute qualifying agent for an additional 30 days for good cause upon written request. Prohibits any person (rather than licensee) from serving as the qualifying agent for more than one business entity without Board approval. Makes the qualifying agent responsible for maintaining current contact information with the Board. Adds minimum qualifications for qualifying agents in addition to age, experience, and character qualifications in existing law. Requires the applicant to have successfully completed or kept current the specified technician course offered by the Electronic Security System Associations and to have proof of how in-state activities of the licensee are to be monitored. Concerning the applicant character, includes a prayer for judgement continued, adjudication withheld, or an equivalent disposition within the meaning of conviction. Eliminates the authority of the Board to require an examination of applicants. Requires out-of-state monitoring companies not licensed in any state to be licensed by the Board and register their employees, but does not require out-of-state monitoring companies licensed in another state to register their employees upon receipt by the Board of a certificate of good standing from that state.
Regarding criminal background checks of applicants for licensure or registration, replaces references to the Department of Public Safety with the State Bureau of Investigation (SBI). Authorizes the SBI's Division of Criminal information Network to provide criminal record checks for applicants through the Board. Authorizes the SBI to charge applicants a fee for conducting the criminal history checks and specifies that the fee is to be collected by the Board and transmitted to the SBI. Makes an exception to the confidentiality provisions set forth for information obtained through an applicant's criminal history check, allowing such information to support the denial of an application or a disciplinary matter in a contested case.
Modifies the Chapter's exemptions as follows. Exempts installation or service (was, installation only) of an electronic alarm system on property owned or leased to the installer. Eliminates the exemptions for out-of-state monitoring companies and persons or businesses providing services to a state agency or local government for five or more years. Makes organizational and clarifying changes.
Renames the Alarm Systems Licensing Board the Electronic Security Systems Licensing Board (Board). Excepts the Secretary of Public Safety or a designee from the prohibition against a Board member serving more than two complete three-year consecutive terms. Makes further technical changes.
Modifies and adds to the powers of the Board as follows. Authorizes the Board to determine minimum qualifications and establish minimum education, experience, and training standards for registrants in addition to applicants and licensees; and conduct investigations of alleged violations to determine if unlicensed individuals or entities are in violation of the Chapter in addition to investigating licensees' and registrants' compliance with the Chapter. Authorizes the Board to issue written cease and desist orders for violations with the concurrence of the Secretary of Public Safety. Allows the Board to take disciplinary action against registrants who fail to satisfy requirements of the Chapter or the Board. Additionally, grants the Board the power to acquire, rent, encumber, and deal with real property as a private person or corporation, subject to approval of the Governor and the Council of State. Limits collateral pledged by the Board for an encumbrance to the assets, income, and revenues of the Board. Deems the regulation of electronic security business exclusive to the Board, though permits local government to require registration and reporting of businesses operating within its jurisdiction and even require revocable permits when alarm usage involves automatic signal transmission to law enforcement, which was previously located in GS 74D-11.
Expands the investigative powers of the Secretary of Public Safety to include complaints, allegations, or suspicions of wrongdoing or violation of the Chapter involving unlicensed individuals in addition to licensed or to-be-licensed individuals.
Amends GS 74D-6, now limiting the statute to grounds for denial for registration (was, licensure or registration). Modifies the grounds for the denial of registration to include conviction of any crime involving the illegal use, carrying, or possession of a firearm; felonious assault or an act of violence; felonious sexual offense; felonious larceny; or felonious fraud (was, conviction of any crime involving fraud only). Defines conviction. Now provides that the specified misdemeanors, if convictions within the previous 10 years, are prima facie evidence that the applicant lacks good moral character and temperate habits. Includes in the specified misdemeanor convictions crimes involving assault (was, felonious assault) and sexual offenses. Adds to the definition of conviction. Lastly, establishes registration as a sex offender in any state as grounds for denial of registration.
Specifies that branch office certificates must be obtained by branch offices in the state with an electronic security systems business. Extends the period for temporary approval by the Director of the Board from 10 working days to 45 days.
Amends the requirements to be met by the licensee of an electronic security systems business when registering the licensee’s employees with the Board under GS 74D-8 as follows. Requires the licensee to submit two sets (was, one or multiple sets) of the employee’s fingerprints, two (was, one or multiple) recent color photos for identification, and the authorized fee. Adds a provision allowing a licensee to employ an applicant as a probationary employee for 20 consecutive days. In order to continue employment as a regular employee, requires registration of the employee within 30 days after the probationary employment ends unless the Director extends the time for good cause. Requires a probationary employee to complete training and requires a criminal record check before the probationary employee engages in services. Requires the licensee to give the Director a list of probationary employees monthly and specifies information that must be provided.
Amends GS 74D-8.1 by amending the requirements for an apprentice registration permit to no longer require applicants to be currently enrolled in high school or to have a valid driver's license. Makes a conforming deletion of the requirement that one of the applicant’s letters of recommendation be from an official at the applicant’s school.
Amends GS 74D-9 by increasing the required minimum amount of liability insurance to: (1) $250,000 (was, $50,000) because of bodily injury or death of one person as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of employment and $500,000 (was, $100,000) because of bodily injury or death of two or more persons and (2) $100,000 (was, $20,000) because of injury to or destruction of property of others as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of his or her agency.
Amends GS 74D-10 by amending instances in which the Board may suspend or revoke a license or registration as follows: (1) includes violations of any rule adopted (was, any rule promulgated) by the Board; (2) includes convictions of any felony in GS 74D-6(2) (conviction of a crime involving fraud, the illegal use, carrying, or possession of a firearm, felonious assault or an act of violence, felonious sexual offense, felonious larceny, or felonious fraud), or any crime involving moral turpitude under GS 74D-6(3) (lack of good moral character or temperate habits) (was, convictions of any crime involving moral turpitude or any other crime involving violence or the illegal use, carrying, or possession of a dangerous weapon only); (3) includes engaging in or permitting any employee to engage in any electronic security systems business without possessing a valid registration (was, a valid license); (4) clarifies that the instances include failure to maintain the required certificate of liability insurance; and (5) adds that engaging in conduct that constitutes dereliction of duty or deceiving, defrauding, or harming the public in the course of professional activities or services includes fraudulently claiming a change in business ownership, fraudulently claiming dissolution of a competing business, fraudulently claiming to be a representative of the consumers current service provider, misrepresentation of employer, or misrepresenting an upgrade of equipment as a sales tactic.
Deletes GS 74D-13, which is an outdated provision.
Amends GS 74D-30 by renaming the Alarm Systems Education Fund as the Electronic Security Systems Education Fund and makes additional technical and conforming changes.
Makes conforming changes to the act's titles.
Senate committee substitute, as amended, makes various changes to the 4th edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: https://www.ncleg.gov/News.
Intro. by Johnson, Lambeth, Saine, McGrady. | APPROP, STUDY, GS 7A, GS 14, GS 15A, GS 17C, GS 18C, GS 19A, GS 20, GS 28A, GS 55, GS 57D, GS 58, GS 64, GS 65, GS 66, GS 90, GS 96, GS 97, GS 105, GS 106, GS 108A, GS 111, GS 113A, GS 115B, GS 115C, GS 115D, GS 116, GS 116D, GS 120, GS 121, GS 122A, GS 124, GS 126, GS 130A, GS 131D, GS 131E, GS 135, GS 136, GS 138A, GS 143, GS 143B, GS 143C, GS 144, GS 146, GS 147, GS 148, GS 150B, GS 159G, GS 160A, GS 162A, GS 163, GS 166A |
AN ACT TO ALLOW THE STATE OF NORTH CAROLINA TO CONTINUE PARTICIPATION IN THE 2020 VOTING DISTRICT VERIFICATION PROJECT WITH THE UNITED STATES BUREAU OF THE CENSUS AND TO ESTABLISH A PROCESS TO REVIEW PRECINCT LINES IN ADVANCE OF THE 2030 CENSUS. Enacted May 29, 2019. Effective May 29, 2019, except as otherwise provided.
Intro. by Rules, Calendar, and Operations of the House. | GS 163A |
The Daily Bulletin: 2019-05-29
House committee substitute makes the following changes to the 2nd edition.
Modifies and adds to the proposed changes to GS 143-135.3 (Adjustment and resolution of State board construction contract claim). Makes clarifying changes in subsection (c) to consistently refer to the contractor's "verified written claim" rather than "claim" or "written claim." Makes conforming changes throughout. Makes organizational changes to modify existing subsection (c1), rather than repeal that subsection, to instead reflect the proposed language of subsection (c3). Makes further organizational changes to break down the proposed language of subsection (c2) into both subsections (c2) and (c3). Modifies the language now in subsection (c3) (was in subsection (c2)) to provide that the Director of the Office of State Construction's failure to issue a final written decision at the expiration of the agreed-upon extended time is a denial of the portions of the claim not previously compromised (previously only provided for the Director's failure to issue a final written decision within the parameters set forth in subsection (c2)). Makes further clarifying and technical changes to the statute, and makes language gender-neutral.
Further amends GS 143-135.6 to make language gender-neutral.
Intro. by Rabon. | GS 143 |
House committee substitute to the 2nd edition adds the following provisions.
Amends GS 143B-168.4, concerning the Child Care Commission as follows. Increases the number of members appointed by the Governor by two while making conforming decreases in the number appointed by the General Assembly. Makes related conforming and clarifying changes. Amends the terms of the appointees. Amends the term of the initial committee chair. Adds that members can be removed under GS 143B-13(d), which allows any member of a commission to be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance. Makes other technical changes.
Amends GS 74C-4 concerning the Private Protective Services Board as follows. Increases the number of members appointed by the Governor by four while making conforming decreases in the number appointed by the General Assembly. Requires that three of the Governor's appointees be licensees under GS Chapter 74C (Private Protective Services). Sets out the terms of the appointees. Makes other technical changes.
Amends GS 143B-472.128 concerning the Rural Infrastructure Authority, increasing membership from 16 to 17 members. Increases the number of members appointed by the Governor by three while decreasing the number appointed by the General Assembly by two. Amends the terms of the appointees. Additionally, designates the Secretary of Commerce as an ex officio member, or the Secretary's designee (previously provided for the Secretary to serve as a nonvoting ex officio member except in the case of a tie, and did not allow for a designee).
Amends GS 143-135.25 concerning the State Building Commission as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Amends the terms of the appointees. Adds that members can be removed under GS 143B-13(d), which allows any member of a commission to be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance. Makes other technical changes.
Makes conforming changes to the act's titles.
The Daily Bulletin: 2019-05-29
The Daily Bulletin: 2019-05-29
Actions on Bills: 2019-05-29
H 2: CONFIRM THERESA STEPHENSON/BOARD OF REVIEW. (NEW)
H 70: DELAY NC HEALTHCONNEX FOR CERTAIN PROVIDERS.
H 120: CLARIFY FIRE DISTRICT FUNDING ELIGIBILITY.
H 233: STATE AUDITOR/LOCAL FINANCE OFFICER AMENDS. (NEW)
H 235: Utilities Comm'n Tech. and Add'l Changes.-AB (NEW).
H 268: AMEND ON-SITE WASTEWATER LAWS/MISC. TC. (NEW)
H 388: IMMUNIZING PHARMACISTS.
H 399: EXTEND TAX CREDITS/OTHER FINANCE CHANGES. (NEW)
H 402: UNC CAPITAL PROJECTS.
H 432: WATER/SEWER TO CONTIGUOUS DWELLING UNITS.
H 532: DNCR ADD NEW TRAILS & VARIOUS CHANGES.
H 607: MASSAGE BOARD MEMBERSHIP.
H 629: LAW-ENFORCEMENT MUTUAL AID.
H 630: PROTECTIVE SERVICES/ALARM SYSTEMS LAW CHANGES. (NEW)
H 664: MYFUTURENC/POSTSECONDARY ATTAINMENT GOAL.
H 671: BEHAVIOR ANALYST LICENSURE.
H 697: STATE SURPLUS PROP. COMPUTERS FOR NONPROFITS.
H 755: TRAVEL INSURANCE AMENDMENTS.
H 758: MSD EXPANSION AND GOVERNANCE/DACS STUDY. (NEW)
H 934: RIGHT TO TRY ADULT STEM CELL TREATMENTS.
H 966: 2019 APPROPRIATIONS ACT.
H 1014: 2020 CENSUS VTD VERIFICATION PROGRAM.
H 1015: CONFIRM CHRIS AYERS/EX. DIR. UTILITES COMM PS.
H 1016: UNC BOARDS OF TRUSTEES APPOINTMENTS.
S 148: PUBLIC RECORDS/RELEASE OF LEO RECORDINGS.
S 255: STATE BOARD CONSTRUCTION CONTRACT CLAIM.
S 359: BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
S 381: RECONSTITUTE/CLARIFY BOARDS AND COMMISSIONS. (NEW)
Actions on Bills: 2019-05-29
H 9: BESSEMER CITY CHARTER AMENDMENT.
H 98: MACON/CLAY/NO RIGHT-OF-WAY SPOTLIGHTING.
H 170: VARIOUS SATELLITE ANNEXATIONS. (NEW)
H 201: RANDOLPH CO. REGISTER OF DEEDS TAX CERT. (NEW)
H 239: PITT COUNTY ANIMAL CONTROL RECORDS.
H 336: EXTEND SUSPENSION OF SPENCER MOUNTAIN.
H 368: BERMUDA RUN/SPEED RESTRICTIONS.
H 517: STOKES CO. BD. ED./REQUESTED ELECTION CHANGES.
S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)
S 674: SURRY CO./MT. AIRY/ELKIN CITY/BD. ED PARTISAN.
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