Senate committee substitute to the 1st edition deletes the previous edition and replaces it with the following.
Amends GS 147-69.6, concerning the Swain County Settlement Trust Fund (Fund) as follows. Sets the initial balance of the Fund at $52 million. No longer requires the State Treasurer to consult with the Swain County Board of Commissioners (Board of Commissioners) in setting the schedule for disbursement to Swain County (County) of amounts requested by the Board of Commissioners pursuant to a majority vote. Provides that the disbursements to the County must not be made from the initial balance of the Fund and prohibits disbursements from occurring more than once per quarter. Deletes existing provisions governing the amount of disbursements in a fiscal year and suggestions on the amount of interest and investment income to be reinvested in the Fund. Prohibits any portion of the initial balance (was, principal balance) of the Fund from being used by the County without a request by the Board of Commissioners accompanied by a certification that two-thirds of the registered voters of the County voted in favor of the disbursement and subsequent expenditure of the amount requested. Makes conforming changes. Requires that funds disbursed to the County be managed by the County in accordance with the Local Government Budget and Fiscal Control Act, as amended (was, as amended from time to time). Prohibits any part of the initial balance (was, principal balance) or any interest or other income earned on that initial balance from being paid to or received by any agent or attorney on account of services rendered in connection with negotiating the settlement agreement between the County and the US Department of Interior or obtaining the monetary settlement from the United States. Effective October 1, 2019.
Makes conforming changes to the act's titles.
The Daily Bulletin: 2019-06-28
The Daily Bulletin: 2019-06-28
Senate committee substitute makes the following changes to the 3rd edition.
Modifies proposed GS 136-18(46) to more specifically grant authority for the Department of Transportation (DOT) to enter into partnership agreements with private entities with regard to communications infrastructure supporting transportation infrastructure on the Interstate System as defined by specified federal law. Additionally, limits the authority granted by the new subsection to projects which receive federal discretionary grants issued by the US Department of Transportation.
Adds a directive requiring DOT to consult and coordinate with private telecommunications industry entities regarding the authority granted under Section 5 of the act. Requires DOT to report its findings and legislative recommendations to the specified NCGA committee by March 1, 2020.
House committee substitute to the 2nd edition makes the following changes.
Further amends GS 113D-270.1D(b) to make a conforming deletion concerning lifetime sportsman licenses.
Eliminates the proposed changes to GS 113-270.4, which made clarifying changes to the resident and nonresident hunting guide or fishing guide licenses and increased the fees for those licenses, and added resident and nonresident hunting guide or fishing guide outfitter licenses for businesses that engage in hunting guide or fishing guide activities for compensation.
Adds to the proposed changes to GS 113-273 regarding a taxidermy license, to specify that proceeds of the taxidermy cervid certification fee must be used to fund the Cervid Health Cooperator Program and for other chronic wasting disease surveillance.
Makes technical changes to GS 113-271.
House committee substitute to the 3rd edition makes the following changes.
Amends GS 74C-3 to provide that a licensed North Carolina private investigator, or permitted private investigator trainee who has provided at least five years of services under former GS 74C-3-(a)(8)f (defining private detective or private investigator to include engaging in the profession of or accepting employment to furnish, agree to make, or make inquiries or investigations concerning protection of individuals from serious bodily harm or death, on a contractual basis), within the immediate five years prior to July 1, 2020, may apply and receive a close personal protection endorsement (removes requirement to pay a fee and to meet all requirements for a close personal protection license upon the license renewal; also removes the exclusion of trainees).
Eliminates proposed GS 74C-17(e), which authorized the the Private Protective Services Board to charge costs, including reasonable attorney's fees, for any proceeding governed by the APA, GS Chapter 150B, or authorized by the enforcement provisions of this statute.
The Governor vetoed the act on 6/28/2019. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2019/5297/0/H966-BD-NBC-5903
|Intro. by Johnson, Lambeth, Saine, McGrady.||APPROP, STUDY, GS 7A, GS 7B, GS 14, GS 15A, GS 17C, GS 18C, GS 19A, GS 20, GS 28A, GS 55, GS 57D, GS 58, GS 63, GS 64, 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 128, GS 130A, GS 131D, GS 135, GS 136, GS 138A, GS 143, GS 143B, GS 143C, GS 144, GS 146, GS 147, GS 148, GS 150B, GS 153A, GS 159G, GS 160A, GS 162A, GS 163, GS 163A, GS 166A|
The Daily Bulletin: 2019-06-28
Senate committee substitute to the 2nd edition makes the following changes.
Amends GS 143B-437.012(d) regarding grant eligibility requirements under the Job Maintenance and Capital Development Fund. Concerning the eligibility requirements for a "heritage manufacturing employer," adds a new provision to allow an agreement with the business to provide that the grant paid out over the term of the agreement be in varying annual payments and in amounts deviating from the factors listed in subsection (l) of the statute for any individual payment, so long as the factors are considered in the aggregate award to be paid to the business over the entire term of the agreement. Makes conforming changes to the act's long title.
House committee substitute to the 4th edition makes the following changes.
Part I. State and Local Government Regulation
Concerning the directive to the Building Code Council (Council) and local governments enforcing the 2018 NC Fire Prevention Code (Code) to enforce the specified exit obstruction and waste accumulation provisions as provided in the act, eliminates the distinct conditions between apartment occupancies with enclosed corridors and apartment occupancies with open-air corridors or balconies served by exterior stairs. Instead, consolidates the conditions, application with respect to apartment occupancies in general, requiring the maximum doorstep refuse and recycling collection container size not to exceed 15 gallons and the number of containers not to exceed one refuse and one recycling collection container for a total of two containers per dwelling unit (previously, ranged from 13 to 27 gallon maximum container size depending on the type of apartment occupancy). Makes conforming changes. Concerning the Council's rulemaking directive, requires the Council to revise the specified rules in a manner similar to the implementation directives provided (previously, required the rules to be revised in a manner substantively identical to the implementation directives).
Modifies the proposed changes to GS 93A-40(a) concerning real estate licensing requirements for time share salespeople. Now defines a time share salesperson to be a licensed real estate broker unless the salesperson meets the requirements for exemption from licensure under specified state law, or is an employee of the registered time share developer, and has their income reported on the IRS W2 form of the registered time share developer (previously, did not specify which W2).
Eliminates proposed GS 113A-110(h), which prohibited a county, city, or lead regional organization coastal management land use plans from being more stringent than the State guidelines for coastal areas adopted under GS 113A-107 with respect to piers, docks, and bulkheads. Also eliminates proposed companion provisions, GS 153A-324(c) (concerning counties) and GS 160A-365 (concerning cities).
Eliminates the proposed changes to GS 90-624, which exempted individuals practicing reflexology from massage therapy licensing requirements. Also eliminates proposed GS 90-622(5a), defining reflexology.
Modifies proposed GS 160A-386.6, which authorizes a city or county to establish a process to permit temporary event venues, to increase the cap established for the number of temporary events at permitted venues in a calendar year from 12 to 24. No longer requires 10 days' public notice and hearing prior to issuance or renewal of a temporary event venue permit. Makes conforming changes.
Directs the Division of Child Development and Early Education and the Director of the NC Pre-K program to ensure that all entities operating NC Pre-K classrooms provide to the parent or guardian of each child participating in the NC Pre-K program a list of all public and private school options in the county in which the child resides.
Part II. Agriculture, Energy, Environment, and Natural Resources Regulation
Amends Section 13.2 of SL 2018-5, which requires up to $2 million of the funds credited to the Inactive Hazardous Sites Cleanup Fund under GS 105-187.63 for assessment and remediation of pre-1983 landfills to instead be used by the Division of Waste Management (Division) to provide a matching grant to Charlotte Motor Speedway LLC (CMS) for the purpose of remediation activities at the CMS. Modifies the matching requirements to now match $1 for every non-State dollar provided (was, $1 for every two non-State dollars provided), up to $2 million.
Part III. Miscellaneous Regulatory Reform Provisions
Adds identical authorizations for licensed dealers to obtain a limited registration plate on behalf of a person purchasing a vehicle, notwithstanding obligations owed, to GS 20-54(6), (10), (11), (12), and (13), which prohibit the DMV from issuing vehicle registration or titles, or transfer registration for: (1) vehicles not in compliance with vehicle inspection requirements or unpaid outstanding related penalties; (2) owners with outstanding tolls, fees, or penalties assessed by the NC Turnpike Authority; (3) owners with outstanding fines or penalties resulting from failure to stop for a school bus; (4) owners with outstanding fees or penalties resulting from a lapse in financial responsibility for the operation of the vehicle; and (5) owners with outstanding fees or penalties resulting from violations of vehicle size, weight, construction, and equipment restrictions.
Amends GS 20-79.1A, concerning criteria for the issuance of a limited registration plate. Adds a new requirement for a dealer to notify the purchaser of any outstanding civil penalties, fees, tolls, and obligations owed before the dealer applies for a title to a motor vehicle and a registration plate for the vehicle.
Amends GS 163A-1115, concerning voting system certification requirements, to require that the performance bond or letter of credit required of existing subdivision (a)(1) must be posted by the vendor prior to certification by the State Board of Elections.
Modifies the proposed changes to GS 20-183.4C to more specifically authorize a dealer to sell, without a safety inspection, a used vehicle issued a salvage certificate of title in accordance with GS Chapter 20 if no alterations or repairs have been made to the vehicle after issuance of the salvage certificate of title and after the sale of the vehicle, and the dealer discloses in writing that no safety inspection has been performed by the dealer (previously, did not specify a safety inspection; did not also prohibit alterations; did not prohibit alterations or repairs after the sale).
Amends GS 18B-1006(a)(7) to allow the sale of malt beverages, unfortified wine, or fortified wine at any stadiums owned by a community college with a permanently constructed seating capacity of 2,000 or more, leased to a for-profit corporation registered in the State, that limits sales to events not sponsored or funded by the community college or the National Junior College Athletic Association. Applies to permits issued or active on or after April 9, 2019.
Requires the Division of Motor Vehicles (Division), in consultation with the Department of Insurance and interested parties, to conduct a study on salvage vehicle titles for the purpose of protecting consumers from purchasing flood-damaged vehicles with concealed damage. The study is to address the economic impact to consumers of any changes in the law recommended by the Division and consider any other issues deemed relevant to the title and registration of salvage vehicles. Requires the Division to report its findings and recommendations to the specified NCGA committees and division by March 1, 2020.
Directs the Environmental Review Commission (Commission) to study the State's recycling requirements for discarded computer equipment and televisions. Specifies five considerations the Department must address, including the changing waste stream and opportunities for more efficient and effective recycling streams. Requires the Commission to report to the NCGA 2021 Regular Session upon its convening.
Makes conforming organizational changes.
|Intro. by Sanderson, Wells.||STUDY, Onslow, GS 14, GS 18B, GS 20, GS 83A, GS 93A, GS 117, GS 130A, GS 143, GS 153A, GS 159G, GS 160A, GS 163A|
Senate committee substitute to the 1st edition makes the following changes.
Amends new Article 2, Rural Health Care Stabilization Program, to GS Chapter 131A as follows. Eliminates eligible applicant from the Article's defined terms and makes changes throughout the Article to no longer reference the term. Also eliminates nonprofit agency from the defined terms. Now includes in the defined terms loan, an obligation to pay interest in accordance with the loan agreement. Makes further clarifying and conforming changes to the defined terms. Concerning the administration of the Rural Health Care Stabilization Program (Program), no longer requires UNC Health Care to collaborate with the Local Government Commission (Commission). Makes technical and organizational changes to UNC Health Care's administrative duties and responsibilities, and adds the duty to establish an application period and a process for submitting an application for a loan under the Program and any other duties and responsibilities necessary for the implementation of the Program and enforcement of the loan agreements under the Program. Adds a new provision to exclude UNC Health Care from applying for a loan or being a partner in a partnership that applies for a loan under the Program. Adds that the Commission cannot approve a loan application if the issuance of the loan would result in a material, direct benefit to UNC Health Care at the time the application and Plan are submitted for approval. Removes the Commission's rulemaking authority, now limiting the rulemaking authority concerning Program implementation to UNC Health Care alone.
Regarding applications for a loan under the Program, allows a public agency, an owner of a health care facility, or a partnership of one or more of those entities, to apply for a loan under the Program to benefit an eligible hospital, as defined, and requires applicants to develop and submit a hospital stabilization plan to UNC Health Care during the application period (substantively similar to the previous application requirements for eligible applicants). Now entitles an applicant disapproved by UNC Health Care to engage a disinterested and qualified third party approved by the Commission to evaluate the applicant's Plan to determine if the applicant demonstrates a financially sustainable health care service model for the community in which the eligible hospital is located, and to subsequently seek Commission approval of the loan based on the written evaluation of its Plan by the third party (previously, provided for an applicant to request the Commission to review UNC Health Care's disapproval recommendation).
Concerning the award and terms of loans under the Program, requires the Commission to approve all loans under the Program prior to UNC Health Care's awarding the loan. Explicitly states that if the Commission enters an order denying the loan, the proceedings under new Article 2 are at an end. Makes technical and clarifying changes to the conflict of interest provisions. Requires the Commission to review UNC Health Care's recommendations, an applicant's Plan and any other relevant information, as well as the third party evaluation, if applicable. Sets forth additional information the Commission can require the applicant and eligible hospital (if different) to provide for consideration (previously, limited to current and historical financial information). Establishes the following four findings that must be satisfied for the Commission to approve a loan application: (1) that the loan is necessary or expedient; (2) that the amount proposed is adequate and not excessive for the proposed purpose of the loan; (3) that the Plan demonstrates a financially sustainable health care service model for the community in which the eligible hospital is located; and (4) that the applicant's debt management procedures and policies are good, or that reasonable assurances have been given that the debt will be repaid. Regarding the award of loans, requires UNC Health Care to execute the terms of the loan agreement upon approval of the loan by the Commission. Authorizes UNC Health Care, rather than the Commission, to require changes to the governance structure of the eligible hospital. Eliminates the procedure for reconsideration of a loan's modified agreement for approval. Makes further technical, clarifying, and organizational changes.
The Daily Bulletin: 2019-06-28
The Daily Bulletin: 2019-06-28
Actions on Bills: 2019-06-28
H 67: ROAD BARRIER PROHIBITION.
H 106: INMATE HEALTH CARE & 340B PROGRAM. (NEW)
H 138: DAMAGE JAIL & PRISON FIRE SPRINKLER/PENALTY.
H 156: SWAIN COUNTY SETTLEMENT TRUST FUND. (NEW)
H 198: HUMAN TRAFFICKING COMMISSION RECOMMENDATIONS.-AB
H 206: VARIOUS TRANSPORTATION CHANGES. (NEW)
H 224: ASSAULT W/ FIREARM ON LEO/INCREASE PUNISHMENT.
H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)
H 257: MOTORCYCLES/FACE MASKS.
H 264: GSC TECHNICAL CORRECTIONS 2019.
H 310: CLARIFY INSURANCE PROD'R CRIM. BCKGRD CHECK.
H 337: CHANGE SALVAGE VEHICLE TRANSFER REQUIREMENTS.
H 474: DEATH BY DISTRIBUTION.
H 529: UTILITIES/WATER AND WASTEWATER CONSUMPTION.
H 554: FUNERAL PRACTICE LICENSURE TECH. CORRECTIONS.
H 590: AMEND ADMINISTRATIVE PROCEDURE LAWS.
H 597: WILDLIFE RESOURCES COMMISSION AMENDS.
H 628: 2019 BANKING & MORTGAGE CORRECTIONS & CHANGES.
H 630: PROTECTIVE SERVICES/ALARM SYSTEMS LAW CHANGES. (NEW)
H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)
H 645: REVISIONS TO OUTDOOR ADVERTISING LAWS.
H 747: NC MISSING PERSON INFORMATION SHARING.
H 755: TRAVEL INSURANCE AMENDMENTS.
H 758: MSD EXPANSION AND GOVERNANCE/DACS STUDY. (NEW)
H 770: FREEDOM TO WORK/OLB REFORM. (NEW)
H 812: NUTRIENT OFFSET AMENDMENTS.
H 871: FAIR CONTRACTS. (NEW)
H 872: UNDERGROUND UTILITY SAFETY ACT/CHANGES.
H 886: STUDY PARTICIPATION OF OPERATORS IN NC PRE-K.
H 917: EMERGENCY DECLARATION/CLARIFY RD CLOSURE.
H 922: ENHANCE INSURANCE COVERAGE/EDUC. BUILDINGS. (NEW)
H 924: TEACHER CONTRACT CHANGES.
H 966: 2019 APPROPRIATIONS ACT.
H 1019: CONFIRM FLOYD MCKISSICK/UTILITIES COMMISSION.
S 5: SCHOOL SAFETY OMNIBUS. (NEW)
S 29: MOVE OVER LAW/INCREASE PENALTIES/AMBER LIGHTS. (NEW)
S 191: OUT-OF-STATE LAW ENFORCEMENT/2020 REP CONVTN.
S 220: REMOVAL OF POLITICAL SIGNS BY CITIZENS.
S 311: MASSAGE BOARD MEMBERSHIP.
S 344: ALLOW COMMON AREA ENTERTAINMENT ABC PERMIT.
S 355: LAND-USE REGULATORY CHANGES.
S 361: HEALTHY NC. (NEW)
S 378: LOCAL ECONOMIC DEVELOPMENT MODIFICATIONS.
S 384: CLARIFY MOTOR VEHICLE DEALER LAWS.
S 394: CHANGES TO ESTATES & TRUSTS STATUTES.
S 399: REHIRE HIGH-NEED TEACHERS.
S 462: MODIFICATIONS TO NC APPRAISAL BOARD.
S 500: MODIFY ADVANCED MATH COURSE ENROLLMENT.
S 525: TEXTILE HIST. SITE/OPERATE SE NC MUSEUM (NEW).
S 535: AUTHORIZE STATE PARK/CLARIFY CORP NAME. (NEW)
S 553: REGULATORY REFORM ACT OF 2019.
S 562: THE SECOND CHANCE ACT.
S 579: PRISON REFORM ACT OF 2019.
S 590: MODIFY CONTINUING ED FOR REAL ESTATE BROKERS.
S 594: REGISTER OF DEEDS UPDATES.
S 681: AGENCY POLICY DIRECTIVES/2019-2020. (NEW)
S 682: IMPLEMENT CRIME VICTIM RIGHTS AMENDMENT.
S 683: COMBAT ABSENTEE BALLOT FRAUD.
Actions on Bills: 2019-06-28
H 52: WRIGHTSVILLE BEACH LOCAL ACT AMENDMENT.
H 134: FILLING VACANCY/ONSLOW COUNTY BOARD OF COMM.
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