The Daily Bulletin: 2019-06-19

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The Daily Bulletin: 2019-06-19

PUBLIC/HOUSE BILLS
H 19 (2019-2020) CERTAIN DRE EQUIPMENT. (NEW) Filed Feb 4 2019, AN ACT TO AUTHORIZE THE STATE BOARD OF ELECTIONS TO PERMIT CONTINUED USE OF CERTAIN DIRECT RECORD ELECTRONIC VOTING SYSTEMS UNDER CERTAIN CONDITIONS.

House committee substitute deletes the provisions of the 1st edition and now provides the following.

Amends Section 3.11 of SL 2018-13, which modifies Sections 30.8 and 30.9 of SL 2013-281. Makes technical corrections to refer instead to SL 2013-381, which requires the decertification of certified direct record electronic (DRE) voting systems that do not use paper ballots and prohibits their use in any election held on or after December 1, 2019. Makes other technical changes.

Allows the State Board of Elections (State Board) to authorize a county board of elections to use a direct record electronic (DRE) voting system in any election prior to December 1, 2020, so long as the county board submits a request to the State Board and sufficient information for the State Board by December 1, 2020, to conclude the use will not jeopardize election security.

Amends the act's titles.

Intro. by Hanig.UNCODIFIED
H 37 (2019-2020) CHILD SEX ABUSE/EXTEND STATUTE OF LIMITATIONS. Filed Feb 6 2019, AN ACT EXTENDING THE STATUTE OF LIMITATIONS FOR A CIVIL ACTION FOR CHILD SEXUAL ABUSE SO THAT A PLAINTIFF HAS UNTIL AGE THIRTY-EIGHT TO COMMENCE AN ACTION AND TO REQUIRE TRAINING ON CHILD SEX ABUSE AND SEX TRAFFICKING FOR SCHOOL PERSONNEL.

House amendment to the 2nd edition makes the following changes.

Amends proposed GS 115C-375.20 to require each employing entity (rather than each local board of education) to adopt and implement a child sexual abuse and sex trafficking program for school personnel who work directly with students in grades K through 12 that provides education and awareness related to child sexual abuse and sex trafficking, as specified. Makes organizational changes, adding a definitions subsection to define the term school personnel as teachers, instructional support personnel, principals, and assistant principals. Provides that school personnel can include, in the discretion of the employing entity, other school employees who work directly with students in grades K through 12. Adds to the elements required of the training to now include the best practices from the field of prevention and the grooming process of sexual predators. Specifies that all school personnel who work with students in grades K through 12 must receive two hours of training in even-numbered years beginning in 2020.

Intro. by Riddell, White, Torbett, B. Turner.APPROP, GS 1, GS 115C, GS 116
H 99 (2019-2020) TRANSFER ALE/MOVE BOXING ADVISORY COMMISSION. (NEW) Filed Feb 18 2019, AN ACT TO ESTABLISH ALCOHOL LAW ENFORCEMENT AS A SEPARATE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND TO CLARIFY THE JURISDICTION AND PRIMARY RESPONSIBILITIES OF ALCOHOL LAW-ENFORCEMENT AGENTS AND ALSO TO MOVE THE BOXING ADVISORY COMMISSION TO THE DEPARTMENT OF COMMERCE, TO RENAME IT THE BOXING COMMISSION, AND TO GIVE IT RULE-MAKING AUTHORITY.

Senate amendment makes the following changes to the 3rd edition. Deletes the two appropriations to the Department of Public Safety, Division of Alcohol Law Enforcement (ALE). Instead, adds that the act becomes effective upon appropriation by the General Assembly of funds for the implementation of this act. 

Intro. by McNeill, Boles.GS 18B, GS 18C, GS 19, GS 105, GS 143, GS 143B
H 343 (2019-2020) AUTHORIZE LSC/CRIMINAL RECORD CHECKS. Filed Mar 12 2019, AN ACT AUTHORIZING THE LEGISLATIVE SERVICES COMMISSION TO OBTAIN CRIMINAL RECORD CHECKS OF ANY PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS.

House committee substitute to the 1st edition makes the following changes. Amends proposed GS 120-32 to limit the Legislative Services Commission's authority to obtain a criminal history record check to prospective (was, current or prospective) employees, volunteers, or contractors of the General Assembly (was, those under the Legislative Services Officers' supervision and control) Makes conforming changes to new GS 143B-972, which sets out the provisions governing the Department of Public Safety's criminal record checks for the Legislative Services Commission. Makes conforming changes to the act's long title. 

Intro. by Lewis.GS 120, GS 143B
H 370 (2019-2020) REQUIRE COOPERATION WITH ICE DETAINERS. (NEW) Filed Mar 14 2019, AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS.

Senate committee substitute makes the following changes to the 2nd edition. Deletes the previous provisions and now provides the following.

Amends GS 162-62 to require the administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) to attempt to determine if any prisoner who is confined for any period in their facility and charged with a criminal offense is a legal resident (previously, limited to prisoners charged with a felony or an impaired driving offense). Requires the administrator to make a query to Immigration and Customs Enforcement (ICE) if the administrator is unable to determine that the prisoner is a legal resident or citizen (previously, qualified the requirement with where possible). Mandates the administrator or equivalent to allow an ICE official to interview any person in custody of the facility within 24 hours of receiving the request from ICE, with the clarification that this provision does not deny bond or release from a prisoner otherwise eligible. Provides that the ICE interview can be in person, or by phone or other electronic means. Establishes requirements for instances in which ICE has notified the administrator or equivalent that it has issued a detainer and administrative warrant that reasonably appears to be for any person charged with a criminal offense and confined in a facility for any period of time. Includes requiring that, prior to release, the prisoner be taken before a State judicial official and provided with the detainer and administrative warrant prior to the prisoner's release, and the judicial official issue an order directing the prisoner be held in custody if the prisoner appears to be the person subject to the detainer and the administrative warrant, subject to release upon the earlier of 48 hours from receipt of the detainer and administrative warrant, ICE takes custody, or the detainer is rescinded by ICE. Adds criminal and civil immunity for any state or local law enforcement officer or agency acting pursuant to the statute.

Amends GS 128-16 to require removal of any sheriff or police officer for willful failure or refusal to comply with any provision of GS 162-62, as amended.

Establishes an annual reporting requirement, beginning October 1, 2020, for every administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) in the state to report to the specified NCGA committee on specified data with regard to compliance with GS 162-62, including the number of times the facility made a query to ICE, the number of times ICE sent a detainer request, the number of times a prisoner was held for 48 hours, and the number of times ICE took custody of a prisoner after notification from the facility. 

Includes a severability clause.

Provides that the act is effective 30 days after the act becomes law.

Makes conforming changes to the act's titles.

Intro. by D. Hall, Jones, Saine, C. Smith.GS 128, GS 162
H 411 (2019-2020) MODIFY SCHOOL QUAL./STUDENT SUCCESS INDICATOR. Filed Mar 20 2019, AN ACT TO COMBINE THE CAREER AND COLLEGE READINESS INDICATORS USED FOR SCHOOL PERFORMANCE GRADES AND FOR THE PURPOSE OF COMPLIANCE WITH FEDERAL LAW FOR GRADES NINE THROUGH TWELVE, TO REQUIRE THE STATE BOARD OF EDUCATION TO INCLUDE ADDITIONAL CAREER AND COLLEGE READINESS INFORMATION ON ANNUAL REPORT CARDS, AND TO ALLOW CERTAIN LOTTERY WINNERS TO REMAIN ANONYMOUS FOR NINETY DAYS.

Senate committee substitute to the 2nd edition adds the following. Amends GS 115C-12(9)(c1) to add to the information that must be included in the State Board of Education's annual report card for each local school administrative unit, for schools serving students in ninth through twelfth grade, (1) the percentage of students who achieved the minimum score required for admission to a constituent institution of UNC on a nationally normed test of college readiness and (2) the percentage of students enrolled in Career and Technical courses who score specified levels on a nationally normed test of workplace readiness.

Amends GS 115C-83.15 to require, for schools serving students in ninth through twelfth grade, the percentage of students who either achieve the minimum score required for admission to a constituent institution of UNC on a nationally normed test of college readiness, or are enrolled in career and technical courses and score specified levels on a nationally normed test of workplace readiness to be reported on the school's annual school report card provided under GS 115C-12, as amended; GS 115C-218.65 (concerning charter schools); GS 115C-238.66 (concerning regional schools); and GS 116-239.8 (concerning laboratory schools).

Intro. by Horn, Corbin, Elmore, Johnson.GS 115C
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.

Senate committee substitute to the 3rd edition makes the following changes.

Amends proposed GS 14-18.4 as follows. 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 (was, unlawfully sells or delivers as part of the sale) at least one certain controlled substance (previously specified that the recipient be the victim). Makes the same changes to the offense of aggravated death by distribution of certain controlled substances. No longer includes death by distribution of certain controlled substances as a lesser included offense of murder in violation of GS 14-17(b)(2). Makes additional clarifying changes.

Intro. by Arp, D. Hall, C. Smith, Faircloth.GS 14
H 483 (2019-2020) LET THEM SPAWN. Filed Mar 27 2019, AN ACT TO REQUIRE A MINIMUM SIZE LIMIT FOR CERTAIN SPECIES OF MARINE FISH TO ENSURE THAT SEVENTY-FIVE PERCENT OF THE JUVENILE FISH OF THE SPECIES WILL HAVE AN OPPORTUNITY TO REACH MATURITY AND SPAWN AT LEAST ONCE.

House amendments to the 3rd edition makes the following changes. 

Amendment #1 appropriates $10,000 in non-recurring funds from the General Fund to the Division of Marine Fisheries to implement the act, instead of reallocating $10,000 of the funds appropriated to the Division of NC Aquariums that was for the planning and permitting of a satellite aquarium area for the act's implementation.

Amendment #2 amends GS 113-182.1(b) to require the addition of a minimum size limit for the specified species of fish (was, for every species of marine fish that has contributed historically and significantly to the state's fisheries, including those specified species) to ensure that 75% of juvenile fish at the minimum size limit will reach the size of maturity and have the opportunity to spawn at least once. Makes conforming changes to the temporary management measures in Section 3 of the act and to the act's long title. 

Intro. by Yarborough, Saine, Wray, B. Turner.GS 113
H 529 (2019-2020) UTILITIES/WATER AND WASTEWATER CONSUMPTION. Filed Mar 28 2019, AN ACT PROVIDING THAT THE UTILITIES COMMISSION MAY ADOPT, IMPLEMENT, MODIFY, OR ELIMINATE A RATE ADJUSTMENT MECHANISM FOR WATER OR WASTEWATER PUBLIC UTILITIES TO TRACK AND TRUE-UP VARIATIONS IN AVERAGE PER CUSTOMER USAGE FROM LEVELS APPROVED IN THE GENERAL RATE CASE PROCEEDING; REQUIRING THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES CONCERNING THE CONSTRUCTION AND OPERATION OF ARTIFICIAL SWIMMING LAGOONS; AND REQUIRING THE COMMISSION FOR PUBLIC HEALTH TO STUDY THE REQUIREMENT FOR A PERMANENTLY AFFIXED PHONE AT POOLS FOR EMERGENCY PURPOSES.

Senate committee substitute to the 1st edition makes the following additions. 

Amends GS 130A-280, which defines the scope of Article 8 to be the regulation of public swimming pools. Adds artificial swimming lagoons to the meaning of public swimming pool, and defines the term to mean any body of water used for recreational purposes with more than 20,000 square feet of surface area, and a method of disinfectant that results in a disinfectant residual in the swimming zone that is protective of the public health.

Directs the Commission for Public Health to adopt rules governing the construction and operation of artificial swimming lagoons by December 1, 2019. Additionally, directs the Commission to study the identified rule requiring that all swimming pools have a telephone capable of directly dialing 911 or other emergency notification system that is permanently affixed to a location inside or within 75 feet of the pool enclosure and accessible to all pool users. Requires the Commission to examine the need for the dedicated permanently affixed phone and the need for and advisability of requiring closure of pools where such a phone is temporarily out-of-service. Directs the Commission to submit a report to the specified NCGA committee by March 1, 2020.

Makes conforming changes to the act's long title.

Intro. by Arp, Riddell, Conrad, Holley.STUDY, GS 62, GS 130A
H 537 (2019-2020) ALT. HWY USE TAX VEHICLE SUBSCRIPTIONS. Filed Apr 2 2019, AN ACT TO REDUCE THE ALTERNATE HIGHWAY USE TAX ON VEHICLE SUBSCRIPTIONS.

Senate amendment makes the following changes to the 4th edition.

Amends the proposed changes to GS 105-187.9 to require that of the highway use taxes collected at the rates of 8% and 5%, $10 million must be credited annually to the Highway Fund, with the remainder credited to the General Fund (previously, required the highway use taxes collected at the rate of 5% be credited to the North Carolina Highway Trust Fund).

Intro. by Conrad, Howard, Setzer, D. Hall.GS 105, GS 153A
H 557 (2019-2020) MUNICIPAL OMNIBUS BILL. Filed Apr 2 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING MUNICIPALITIES.

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

Makes technical changes to GS 105-373. Amends GS 105-472(b) by no longer specifying in which month the county board of commissioners must adopt the resolution to determine which method of tax proceed distribution will be used in the next succeeding fiscal year. Requires that notice be given to the affected municipalities by February 15 in the year of the change (was, December 15 in the year of adoption of the resolution) and for copies of the notice to be submitted to the Secretary of Revenue when the board of county commissioners changes the method of distribution from the prior fiscal year; otherwise the change will not become effective. 

Deletes the changes to GS 160A-497, senior citizen programs, which lowered the age to qualify as a senor citizen under the statute. 

Intro. by Ross, Adcock.GS 75, GS 105, GS 143B, GS 157, GS 160A, GS 162A
H 656 (2019-2020) MEDICAID CHANGES FOR TRANSFORMATION. Filed Apr 9 2019, AN ACT TO MODIFY THE LAWS PERTAINING TO MEDICAID AND NC HEALTH CHOICE AS NEEDED FOR THE IMPLEMENTATION OF MEDICAID TRANSFORMATION.

Senate amendment to the 4th edition makes the following changes.

Section 12.

Amends Section 4 of SL 2015-245, as amended, by providing that capitated PHP contracts required to cover all Medicaid and NC Health Choice Services must not cover services documented in an individualized education program, or other document described in the Medicaid State Plan (was, documented in an Individualized Education Program only), and provided or billed by a local education agency. Adds cross references to the definitions of individualized education program and a local education agency

Intro. by Lambeth, Dobson, Murphy, Sasser.GS 108A, GS 108D, GS 122C, GS 150B
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.

Senate committee substitute to the 4th edition makes the following changes. Removes the changes to GS 143-355.4 that added requirements concerning the installation of any required testable backflow preventer and made related changes. 

Amends GS 87-21 by adding a requirement that the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors establish and issue a residential Fire Sprinkler Design license under which a person with the appropriate Residential Fire Sprinkler Contractor license can design and install the proper multipurpose fire sprinkler system. Effective October 1, 2019. 

Makes additional technical changes. 

Intro. by Brody, Riddell, Hardister, Richardson.GS 87, GS 143, GS 153A, GS 160A
H 770 (2019-2020) FREEDOM TO WORK/OLB REFORM. (NEW) Filed Apr 15 2019, AN ACT TO CLARIFY AND SIMPLIFY A LICENSEE'S QUALIFICATIONS FOR LICENSURE AND TO REQUIRE RECOGNITION BY LICENSING BOARDS OF CERTAIN APPRENTICESHIP AND TRAINING EXPERIENCES.

Senate committee substitute to the 3rd edition makes the following changes.

Amends the act's titles.

Makes technical and clarifying changes to GS 93B-1, which sets forth the Chapter's defined terms. Adds the term State agency licensing board, defining the term to mean any State agency, staffed by full-time State employees, which as party of its regular functions issues licenses. Sets forth a nonexclusive list of State agency licensing boards and the profession or occupation for which the board, agency, or officer can issue licenses.

Amends GS 93B-2 to require occupational licensing boards to also include in its annual report to the Secretary of State, the Attorney General, and the specified NCGA committee (1) the number of applicants for a license and the number of licenses granted and (2) the number of applicants with a conviction record and of that number, the number of licenses granted, denied for any reason, and denied because of the conviction. Adds a new annual reporting requirement for State agency licensing boards, requiring the boards to file an electronic report that includes this same newly required data of occupational licensing boards with the Secretary of State, the Attorney General, and the specified NCGA committee by October 31 of each year.

Amends GS 93B-8.1, concerning the use of criminal history records by occupational licensing boards, expanding the scope of the provisions to include State agency licensing boards. Modifies and adds to the previously proposed changes to the statute and now provides the following. Subject to federal law, allows a board to deny an applicant on the basis of a criminal conviction only if the board finds that the criminal conviction history is directly related to the duties and responsibilities for the licensed occupation or the criminal conviction is violent or sexual in criminal nature. Explicitly prohibits a board from automatically denying licensure on the basis of the applicant's criminal history (previously, qualified the prohibition by stating that the laws governing a particular licensing board controls), and adds a new explicit prohibition against a board denying licensure based on a determination that a conviction is for a crime of moral turpitude. Maintains the eight existing factors the board must consider prior to denying licensure on the basis of a criminal conviction, and adds to the factors required to be considered (1) the completion of or active participation in rehabilitative drug or alcohol treatment and (2) a certificate of relief granted under state law (previously, did not add to the factors; instead, previously required a certificate of relief to be considered favorably). Adds a new requirement for a board that denies an applicant a license to: (1) make written findings specifying which of the ten factors the board deemed relevant to the applicant and explaining its reasoning for the denial, signed by the board's presiding officer; (2) provide or serve a signed copy of the written findings to the applicant within 60 days of the denial; and (3) retain a signed copy of the written findings for no less than five years. Adds a new requirement for each board to include in its application for licensure and on its public website: (1) whether the board requires applicants to consent to a criminal background check, (2) the ten factors the board must consider when making a determination of licensure, and (3) the appeals process pursuant to GS Chapter 150B if the board denies licensure in whole or in part because of a criminal conviction. Requires boards that require criminal history records to require the provider to provide the applicant with access to the applicant's criminal history record or otherwise deliver a copy to the applicant. Adds a new requirement for a board to notify an applicant in writing of specific issues in an applicant's criminal history that will or can prevent the board from issuing a license, with notification in sufficient time for the applicant to provide additional documentation prior to the board's final decision. Grants an applicant 30 days to either correct any inaccuracy in the record or submit evidence of mitigation or rehabilitation for the board's consideration. Requires a board denying licensure following a hearing to include in its written order specific reference to any criminal conviction(s) considered as any basis for denial and the rationale for denial, as well as the appeal process and the applicant's ability to reapply. Prohibits restricting applicants from reapplying for licensure for more than two years from the date of the most recent application. Modifies the proposed petition process to require the petition to include a criminal history record report, the cost of which is paid by the applicant. Allows a board to predetermine the petitioner's criminal history is likely grounds for license denial only after the board has applied the specified statutory requirements.  Sets out provisions governing the board's delegation of the predetermination authority so that the determinations can be made in a timely manner. Sets out items that must be included in the notice to the applicant that the applicant would likely be denied licensure based on the applicant's criminal history. Makes conforming changes. Specifies that a predetermination of licensure denial is not a final agency decision. Requires the board to inform an individual of the board's determination within 45 days (was, 30 days) of receipt of the petition. Adds a new provision authorizing boards to charge a fee up to $45 per petition. Makes organizational changes.

Amends GS 93B-8.6 as follows.  Makes a clarifying change to the definition of apprenticeship. Amends the definition of career technical education to also include programs of study, clusters, and pathways approved by the State Board of Community Colleges. Provides that an occupational licensing board must grant a license to an applicant meeting the specified criteria, unless otherwise required by federal law. Amends the criteria by (1) adding that the applicant has met any other requirements for licensure set forth in the law or rules related to the board, except for pre-licensing education requirements and (2) including completion of apprenticeships approved by the North Carolina State Approving Agency. Makes additional technical changes.

Intro. by Stevens, Bell, Jones, Zachary.GS 15A, GS 93B
H 872 (2019-2020) UNDERGROUND UTILITY SAFETY ACT/CHANGES. Filed Apr 16 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE UNDERGROUND UTILITY SAFETY AND DAMAGE PREVENTION ACT, INCLUDING AUTHORIZING THE UNDERGROUND DAMAGE PREVENTION REVIEW BOARD TO APPROVE TRAINING COURSES AND TO IMPOSE A FEE ON OPERATORS TO FUND THE ACTIVITIES OF THE BOARD.

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

Amends GS 87-117 to define the term Board as the Underground Damage Prevention Review Board.

Amends GS 87-120 as follows. No longer requires the Notification Center to receive, maintain, and provide general administration of reports of alleged violations of Article 8A (Underground Utility Safety and Damage Prevention Act) and responses. Specifically removes the duties to (1) maintain a record of reports of alleged violations for at least four years, including the responses to the reports and (2) notifying the persons against whom reports of alleged violations have been made and receive and maintain information submitted from such persons in defense against the allegations. Adds the following duties: (1) provide aggregate data as required by the Board to assess the operational fee and (2) provide information related to the Notification Center's receipt and transmission of notice reasonably required by the Board in its consideration of reports of alleged violations. Makes conforming deletions.

Amends GS 87-125 to no longer specify the type of notice that an excavator must give to the Notification Center when performing an emergency excavation or demolition. Provides that a person who falsely claims that an emergency exists requiring an excavation or demolition may be subject to the imposition of penalties or other actions to be taken by the Board under GS 87-129. Removes the provision declaring a person falsely claiming an emergency exists requiring an excavation or demolition under GS 87-122 to have violated the Article. 

Amends GS 87-127 by amending the ways in which the Notification Center may respond to a design notice for a proposed project, to include designating the location of all facilities owned by the operator within the area designated by the design notice (was, the area of the proposed excavation) as provided in the specified statutes. Further amends the allowable responses to include allowing the person submitting the notice or any other authorized person to inspect the drawing or other records for all facilities within the area designated by the design notice (was, within the proposed area of excavation) at a location acceptable to the operator).

Amends the membership of the Board as follows. Includes a representative of a municipality, appointed on recommendation by the League of Municipalities (was, a representative recommended by the League of Municipalities); requires the representative from a rural water system to be appointed on the recommendation of the North Carolina Rural Water Association; and requires the representative from a cable company to be appointed on the recommendation of the North Carolina Cable Telecommunications Association. Requires the Board to receive reports of alleged violations of the Article and to contact persons against whom reports have been filed within 10 days. Specifies items the Board must maintain regarding the reports of alleged violations. Requires the Board to approve training courses and the sponsors of those courses. Requires fees for training courses to be paid by the person determined to have violated the Article.  Authorizes the Board to employ contractors or other personnel necessary to carry out the Article. Requires the Board to maintain a record of reports of alleged violations of the Article for four years, including the responses to those reports. Requires the Attorney General's office, upon the Board's request, to assign a legal representative to provide the board with legal counsel. 

Amends GS 87-129A to provide that the fee the Board is authorized to impose may be an annual fee. Amends the criteria that the fees is to be based on. Makes failure to pay the fee within 30 days a violation of the Article and allows the Board to seek the imposition of a penalty for nonpayment under the specified procedures. Deletes provisions related to the Underground Damage Prevention Review Board Fund.  

Adds a section providing for the staggering of Board members by setting term expiration dates for members serving on August 1, 2019.

Intro. by Arp, Riddell, Holley.GS 87
H 1016 (2019-2020) UNC BOARDS OF TRUSTEES APPOINTMENTS. Filed May 28 2019, AN ACT TO MAKE APPOINTMENTS TO THE BOARDS OF TRUSTEES FOR CONSTITUENT UNIVERSITIES OF THE UNIVERSITY OF NORTH CAROLINA AND THE BOARD OF TRUSTEES OF CLEVELAND COMMUNITY COLLEGE.

Senate committee substitute to the 1st edition makes the following changes. Makes a clarifying change to an appointment by the Speaker of the House to specify that the appointment to the UNC-Wilmington Board of Trustees is in fact a reappointment. Makes a clarifying change to the President Pro Tem. of the Senate's appointments to the UNC-Charlotte Board of Trustees and the Winston-Salem State University Board of Trustees to specify that the reappointments are in fact appointments. Corrects the names of the President Pro Tem. of the Senate's appointments to the Fayetteville State University Board of Trustees and the NC State University Board of Trustees. Adds to the President Pro Tem. of the Senate's appointments an appointment to the East Carolina University Board of Trustees and to the UNC-Wilmington Board of Trustees, each for terms expiring June 30, 2023. Makes a clarifying change to the Speaker of the House's appointment to the Board of Trustees of Cleveland Community College to specify that the appointment is in fact a reappointment.

Intro. by Rules, Calendar, and Operations of the House.UNCODIFIED

The Daily Bulletin: 2019-06-19

PUBLIC/SENATE BILLS
S 95 (2019-2020) VETERANS MEMORIAL FUNDS/DO NOT REVERT. Filed Feb 20 2019, AN ACT PROVIDING THAT FUNDS APPROPRIATED FOR THE CONSTRUCTION OF PUBLIC FACILITIES AT THE NORTH CAROLINA VETERANS MEMORIAL PAVILION SHALL NOT REVERT TO THE GENERAL FUND UNTIL JUNE 30, 2020; PROVIDING THAT CERTAIN REGIONAL WATER AND SEWER FUNDING SHALL NOT REVERT UNTIL JUNE 30, 2021; REDIRECTING CERTAIN STORM RESILIENCE FUNDS; BY REPURPOSING CERTAIN PLANNING FUNDS, AND BY CLARIFYING THE PURPOSE OF CERTAIN WATER AND WASTEWATER INFRASTRUCTURE FUNDING PROVIDED TO THE TOWN OF MOUNT AIRY.

House amendment to the 5th edition makes the following changes.

Amends Section 13.4 of SL 2018-5 to provide that the $1 million allocated to the Town of Mount Airy of the funds appropriated to the Division of Water Infrastructure is to be used for water or sewer projects (was, for a water and sewer line extension project).

Amends the act's long title.

Intro. by Burgin.UNCODIFIED
S 378 (2019-2020) LOCAL ECONOMIC DEVELOPMENT MODIFICATIONS. Filed Mar 27 2019, AN ACT TO CHANGE WHEN PUBLIC HEARINGS ARE REQUIRED FOR ECONOMIC DEVELOPMENT EXPENDITURES.

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

Modifies the proposed changes to GS 158-7.1 to now specify that any appropriation or expenditure for economic development purposes (previously, specified for a project for economic development purposes) under the statute must be approved by the county or city governing body after a public hearing (previously, specified after a public hearing on the project). Maintains that the hearing can be part of the public hearing on the annual budget if the appropriation or expenditure is included therein (was, contained therein); otherwise requires the county or city to hold at least one public hearing following 10 days' published public notice.

Intro. by Johnson.GS 158
S 523 (2019-2020) REV. LAWS CLARIFYING & ADMINISTRATIVE CHANGES. Filed Apr 2 2019, AN ACT TO MAKE VARIOUS CLARIFYING AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS.

Senate amendments to the 2nd edition make the following changes.

Amendment #1 makes the following changes. Makes a technical deletion in Section 3.4(b). Corrects an internal reference in Section 3.4(c). Make a clarifying change to GS 105-164.4K(d). Make a technical change to the lead-in language in Section 3.11(a). Makes a clarifying change to GS 105-164.13(61a). Makes additional technical changes.

Amendment #2 adds a section amending GS 105-164.13 to exempt from retail sales and use tax the sale of equipment, or an attachment or repair part for such equipment, used in cutting, shaping, polishing, and finishing rough cut slabs and blocks of stone and stone-like products and sold to a company primarily engaged in providing made-to-order countertops, walls, or tubs. Applies to sales made on or after October 1, 2019.

Amendment #3 amends GS 105-251.2(c1) to allow the  Secretary of Revenue to request a franchisor with at least one franshisee located in the state to provide the following on each franchisee: its legal name, its federal tax identification number, and its gross sales reported to the franchisor (was, the Secretary may request the franchisor to provide on a return, report, or otherwise, a franchisee's name, tax identification number, business address, and any other information pertaining to the franchisee in possession of the franchisor that the Secretary deems necessary to determine the franchisee's compliance). 

Intro. by Tillman, Hise, Newton.GS 66, GS 105
S 559 (2019-2020) STORM SECURITIZATION. (NEW) Filed Apr 2 2019, AN ACT TO PERMIT FINANCING FOR CERTAIN STORM RECOVERY COSTS.

House committee substitute to the 2nd edition is to be summarized. 

Intro. by Rabon, Hise, Blue.GS 25, GS 62

The Daily Bulletin: 2019-06-19

LOCAL/HOUSE BILLS
H 429 (2019-2020) NAVIGABLE WATERS/MANTEO/HYDE (NEW) Filed Mar 21 2019, AN ACT AUTHORIZING THE TOWN OF MANTEO TO REGULATE NAVIGABLE WATERS WITHIN ITS CORPORATE LIMITS AND ADDING CERTAIN DESCRIBED NAVIGABLE WATERS TO THE CORPORATE LIMITS OF THE TOWN OF MANTEO FOR THAT PURPOSE AND AUTHORIZING THE COUNTY OF HYDE TO REGULATE CERTAIN NAVIGABLE WATERS WITHIN THAT COUNTY.

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

Clarifies in Section 3, which empowers Hyde County to make, adopt, and enforce ordinances for the navigable waters in Silver Lake as to the five specified topics, to clarify that duly sworn law enforcement officers of the county (was, municipality) have the authority to enforce those ordinances. 

Intro. by Hanig.Dare, Hyde
H 477 (2019-2020) FOUR-YEAR TERMS/TOWN OF BETHEL. Filed Mar 27 2019, AN ACT EXTENDING THE TERMS OF OFFICE FROM TWO TO FOUR YEARS FOR MUNICIPAL ELECTIONS IN THE TOWN OF BETHEL BEGINNING IN 2021.

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

Further amends the Bethel Town Charter to specify that beginning in 2021, regular municipal elections are to be held quadrennially and conducted in accordance with general laws governing municipal elections. Provides for the mayor and commissioners to be elected to four-year terms, rather than to hold office for four-year terms, beginning in 2021. No longer specifically requires for a general municipal election to be held on the first Monday in May 2021, to elect the mayor and commissioners. Makes technical changes.

Intro. by K. Smith.Pitt

The Daily Bulletin: 2019-06-19

LOCAL/SENATE BILLS
S 80 (2019-2020) CHINA GROVE SATELLITE ANNEXATION. (NEW) Filed Feb 19 2019, AN ACT REMOVING THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWN OF CHINA GROVE.

House committee substitute to the 2nd edition makes the following changes. Amends GS 160A-58.1 to remove the town of East Spencer. Makes conforming changes to the act’s titles.

Intro. by Ford.Rowan
S 235 (2019-2020) FRANKLIN/NASH MUNICIPALITIES/UNFIT DWELLINGS. (NEW) Filed Mar 13 2019, AN ACT TO GRANT MUNICIPALITIES IN FRANKLIN AND NASH COUNTIES THE AUTHORITY TO ADDRESS ABANDONED STRUCTURES IN THE SAME MANNER AS MUNICIPALITIES IN LARGER COUNTIES.

AN ACT TO GRANT MUNICIPALITIES IN FRANKLIN AND NASH COUNTIES THE AUTHORITY TO ADDRESS ABANDONED STRUCTURES IN THE SAME MANNER AS MUNICIPALITIES IN LARGER COUNTIES. Enacted June 19, 2019. Effective June 19, 2019.

Intro. by J. Alexander.Franklin, Nash
S 674 (2019-2020) SURRY CO./MT. AIRY/ELKIN CITY/BD. ED PARTISAN. Filed May 20 2019, AN ACT TO CHANGE THE METHOD OF ELECTION OF THE BOARD OF EDUCATION OF SURRY COUNTY, THE BOARD OF EDUCATION OF THE MOUNT AIRY CITY SCHOOLS ADMINISTRATIVE UNIT, AND THE BOARD OF EDUCATION OF THE ELKIN CITY ADMINISTRATIVE UNIT FROM NONPARTISAN TO PARTISAN.

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

Section 1

Amends Section 1 of SL 1969-549, to require that members of the Board of Education of Surry County be elected by the qualified voters of the county school administrative unit (was, by the qualified voters of the county). Makes additional clarifying changes. 

Section 2

Amends Section 6 of SL 1895, as amended, by amending the districts from which the Board of Education members are to be elected to specify that District B consists of Mount Airy #2 and Mount Airy #3 (was, Mount Airy #2 only). Makes additional clarifying changes.

Section 3

Amends Section 4 of SL 1947-455, as amended, by requiring that members of the Board of Education of the Elkin City Administrative Unit be elected by vote of all of the qualified voters within the Elkin City Administrative Unit and makes conforming changes. 

Intro. by Berger, Ballard.UNCODIFIED, Surry
ACTIONS ON BILLS

Actions on Bills: 2019-06-19

PUBLIC BILLS

H 19: CERTAIN DRE EQUIPMENT. (NEW)

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

H 37: CHILD SEX ABUSE/EXTEND STATUTE OF LIMITATIONS.

    House: Amend Adopted A1
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 57: CREATE TERM FOR PUBLIC SCHS. & CODIFY NCVPS.

    House: Concurred In S Com Sub
    House: Ordered Enrolled

H 67: ROAD BARRIER PROHIBITION.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

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

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

H 219: NAIC ACCREDITATION AMENDMENTS.-AB

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/20/2019

H 220: INSURANCE TECHNICAL CHANGES.-AB

    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

H 222: MODIFY CRIM PENALTIES/NAIC FRAUD ACT-AB. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

H 276: MODIFY LOW-PERFORMING SCHOOL DEFINITION.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

H 283: CONNER’S LAW.

    Senate: Reptd Fav
    Senate: Re-ref Com On Pensions and Retirement and Aging

H 337: CHANGE SALVAGE VEHICLE TRANSFER REQUIREMENTS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Finance

H 343: AUTHORIZE LSC/CRIMINAL RECORD CHECKS.

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

H 354: MODIFY WEIGHTING/SCHOOL PERFORMANCE GRADES.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

H 362: 15-POINT SCALE FOR SCHOOL PERFORMANCE GRADES.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

H 370: REQUIRE COOPERATION WITH ICE DETAINERS. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 377: TEACHER STEP ACT. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

H 389: ABC/UNIV ATHLETIC FACILITY.

    House: Concurred In S Com Sub
    House: Ordered Enrolled

H 411: MODIFY SCHOOL QUAL./STUDENT SUCCESS INDICATOR.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 432: WATER/SEWER TO CONTIGUOUS DWELLING UNITS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/20/2019

H 474: DEATH BY DISTRIBUTION.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 483: LET THEM SPAWN.

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Passed 2nd Reading

H 495: NO MUNICIPAL REG/OFF-SITE WASTEWATER SYSTEMS. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/20/2019

H 529: UTILITIES/WATER AND WASTEWATER CONSUMPTION.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 531: PROTECT. TENANTS AT FORECLOSURE ACT RESTORED.

    House: Concurred In S Com Sub
    House: Ordered Enrolled

H 537: ALT. HWY USE TAX VEHICLE SUBSCRIPTIONS.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

H 554: FUNERAL PRACTICE LICENSURE TECH. CORRECTIONS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 557: MUNICIPAL OMNIBUS BILL.

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 656: MEDICAID CHANGES FOR TRANSFORMATION.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

H 658: ALLOW DONATIONS OF UNEXPIRED DRUGS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 664: MYFUTURENC/POSTSECONDARY ATTAINMENT GOAL.

    House: Concurred In S Com Sub
    House: Ordered Enrolled

H 675: 2019 BUILDING CODE REGULATORY REFORM.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

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

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 812: NUTRIENT OFFSET AMENDMENTS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 872: UNDERGROUND UTILITY SAFETY ACT/CHANGES.

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

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

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 917: EMERGENCY DECLARATION/CLARIFY RD CLOSURE.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 924: TEACHER CONTRACT CHANGES.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/24/2019

H 934: RIGHT TO TRY ADULT STEM CELL TREATMENTS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/20/2019

H 1016: UNC BOARDS OF TRUSTEES APPOINTMENTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

S 11: ABC REGULATION AND REFORM.

    Senate: Concurred In H Com Sub
    Senate: Ordered Enrolled

S 55: CONTINUING EDUCATION FOR GENERAL CONTRACTORS.

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

S 95: VETERANS MEMORIAL FUNDS/DO NOT REVERT.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 127: PROTECT GOVERNMENTAL ACCOUNTABILITY.

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

S 148: PUBLIC RECORDS/RELEASE OF LEO RECORDINGS.

    Senate: Pres. To Gov. 6/19/2019

S 220: REMOVAL OF POLITICAL SIGNS BY CITIZENS.

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

S 225: REPEAL TUITION SURCHARGE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/24/2019

S 315: NORTH CAROLINA FARM ACT OF 2019-20. (NEW)

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

S 378: LOCAL ECONOMIC DEVELOPMENT MODIFICATIONS.

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

S 394: CHANGES TO ESTATES & TRUSTS STATUTES.

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

S 466: EDPNC MODIFICATIONS.

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

S 523: REV. LAWS CLARIFYING & ADMINISTRATIVE CHANGES.

    Senate: Amend Adopted A1
    Senate: Amend Adopted A2
    Senate: Amend Adopted A3
    Senate: Passed 2nd Reading

S 525: TEXTILE HIST. SITE/OPERATE SE NC MUSEUM (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

S 559: STORM SECURITIZATION. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Energy and Public Utilities
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Energy and Public Utilities
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Energy and Public Utilities

S 594: REGISTER OF DEEDS UPDATES.

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

S 610: AUTHORIZE NORTHERN PEAKS TRAIL.

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

Actions on Bills: 2019-06-19

LOCAL BILLS

H 112: ROANOKE RAPIDS LOCAL OPTION SALES TAX.

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

H 299: HENDERSON CTY/BUILD COMMUNITY COLLEGE BLDGS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 368: BERMUDA RUN/SPEED RESTRICTIONS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 383: TOPSAIL BEACH CHARTER/BOARD VACANCIES.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/24/2019

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

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 477: FOUR-YEAR TERMS/TOWN OF BETHEL.

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

S 30: STANLY CC/CONTRACTING DATE EXTENSION. (NEW)

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub

S 80: CHINA GROVE SATELLITE ANNEXATION. (NEW)

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

S 235: FRANKLIN/NASH MUNICIPALITIES/UNFIT DWELLINGS. (NEW)

    Senate: Ratified
    Senate: Ch. SL 2019-30

S 242: RECREATIONAL LAND FEE CHANGES.

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

S 270: DURHAM DEANNEXATION. (NEW)

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

S 674: SURRY CO./MT. AIRY/ELKIN CITY/BD. ED PARTISAN.

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

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