AN ACT TO EXPAND THE PROHIBITION ON THE REMOVAL, DESTRUCTION, OR DRIVING THROUGH OF ROADWAY CONSTRUCTION BARRIERS TO INCLUDE DANGEROUS ROADWAY CONDITION CLOSURE BARRIERS. SL 2019-84. Enacted July 8, 2019. Effective December 1, 2019.
The Daily Bulletin: 2019-07-08
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The Daily Bulletin: 2019-07-08
Intro. by McNeill, Shepard, Goodman, R. Turner. | GS 136 |
Senate amendments amend the 4th edition, as amended, as follows.
Amendment #2 adds new Section 3.1, directing the Environmental Management Commission (EMC) and the Department of Environmental Quality (DEQ) to implement the Neuse River Basin Riparian Buffer Rule (15A NCAC 02B .0233, including the proposed readoption and recodification of that rule as 15A NCAC 02B .0714, adopted by the EMC and approved by the Rules Review Commission) by designating Airport Impacted Property as Allowable with Mitigation. Defines Airport Impacted Property as any tract of property contiguous to airports located in the Neuse River Basin served by greater than 50,000 flights annually that is impacted by a relocation of State-maintained road to accommodate expansion or relocation of airport operations. Directs the EMC to adopt rules to amend the Rule consistent with the implementation provisions.
Amendment #3 modifies proposed Article 10B, Peer-to-Peer Vehicle Sharing, of GS Chapter 20. Amends the definition of vehicle sharing provider to refer to "personal vehicle sharing" rather than "private motor vehicle rentals." Amends proposed GS 20-280.17 to allow airport operators to, among previously provided authorities, (1) charge peer-to-peer vehicle sharing programs, as previously defined (rather than vehicle sharing providers), a reasonable fee for use of the airport's facility and (2) requiring a peer-to-peer vehicle sharing program (rather than a vehicle sharing provider) provide data for purposes of monitoring and auditing compliance.
Senate amendment makes the following changes to the 4th edition.
Adds that if S190 (An Act to Expand the Authorization for a County to Impose a Special Assessment for Dam Repair) becomes law, then Section 1 of the act becomes effective July 1, 2019, instead of when the act becomes law. Section 1 of S 190 amends GS 153A-210.1, which provides that Article 9A authorizes counties to impose special assessments on benefited properties and use resulting revenues to meet the counties' critical infrastructure needs by extending the sunset of Article 9A from July 1, 2019, to July 1, 2022, with respect to dam repair projects authorized in GS 153A-210.2(a1). Makes conforming changes. Amends the act's short and long titles.
AN ACT TO EXEMPT LIMITED LINE CREDIT INSURANCE PRODUCERS FROM CRIMINAL BACKGROUND CHECK REQUIREMENTS. SL 2019-85. Enacted July 8, 2019. Effective October 1, 2019.
Intro. by McElraft, Setzer, Richardson, Pierce. | GS 58 |
Senate committee substitute to the 3rd edition makes the following changes.
Deletes the provisions establishing and related to the Commission to Study Transportation Network Company Passenger Safety. Deletes the appropriation to the Division of Motor Vehicles for grant funds for the development and implementation of an awareness campaign to educate students at institutions of higher education, as well as the provisions related to that campaign. Makes conforming changes to the act's long title.
Senate committee substitute to the 2nd edition makes the following change. Limits the scope of the act to the Keeping the Lights On special registration plate, removing provisions related to the ALS Research, A Pet Is Family, and the Wrightsville Beach registration plates. Makes conforming changes to the act's long title.
Intro. by Iler, Torbett. | GS 20 |
AN ACT TO CREATE THE OFFENSES OF DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES AND AGGRAVATED DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES. SL 2019-83. Enacted July 8, 2019. Effective December 1, 2019.
Intro. by Arp, D. Hall, C. Smith, Faircloth. | GS 14 |
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. SL 2019-88. Enacted July 8, 2019. Effective July 8, 2019.
House committee substitute to the 3rd edition makes the following changes.
Changes the effective date of the following sections from July 1, 2019, to September 1, 2019: Section 2 (amending GS 18B-1104, concerning contract brewing); Section 8 (enacting GS 18B-1010, concerning the sale and delivery of drinks to a single person); Section 9 (repealing GS 18B-308 and GS 14-309.14(3), and amending GS 18B-112, concerning the sale and consumption of alcohol at bingo games); Section 11 (amending GS 18B-600, GS 18B-700, and GS 18B-703, concerning alcoholic beverage elections for new ABC boards); Section 14 (enacting GS 18B-907, concerning electronic forms and payment); Section 19 (amending GS 18B-303 and GS 18B-403, concerning mixed beverage permittees and purchase-transportation permits); Section 21(a) (enacting GS 18B-800(c1), concerning special orders of spirituous liquor); and Section 22(a) (amending GS 18B-701, concerning local ABC board powers). Additionally, changes the effective date of the act from July 1, 2019, to September 1, 2019, except as otherwise provided.
Part V.
Modifies the proposed changes to GS 18B-1105 to maintain the current requirement restricting sales of spirituous liquor distilled at a distillery for on-premises consumption to visitors who tour the distillery (previously, eliminated the distillery tour qualification). Additionally, maintains current law requiring spirituous liquor sold at distilleries for visitors who tour the distillery to be at a price set by the ABC Commissioner for the code item under specified state law.
Further amends GS 18B-1116, which makes it unlawful for any manufacturer, bottler, or wholesaler of alcoholic beverages or specified affiliates to directly or indirectly take specified actions, including (1) having any direct or indirect financial interest in the business of any alcoholic beverage retailer in this state or in the premises where the business of any alcoholic beverage retailer in this state is conducted or (2) lending or giving any alcoholic beverage retailer in this state, their employee, or the owner of the premises where the business of any alcoholic beverage retailer in this state is conducted any money, service, equipment, furniture, fixtures, or any other thing of value. Expands the proposed changes to now provide that a distillery is not subject to these provisions concerning financial interests in, and lending or giving things of value to, a wholesaler or retailer (was, only a retailer) with respect to the distillery's transactions with the retail business allowed on its premises. Specifies that the distillery is subject to the provisions with respect to its transactions with all other wholesalers and retailers.
Part XXI.
Amends proposed GS 18B-800(c1), making clarifying changes to the subsection's descriptor to specify the provisions concern special orders of special items. Further amends GS 18B-800, enacting subsection (c2). Requires a local board to fulfill an order by a mixed beverages permittee for individual bottles or cases of spirituous liquor produced by an eligible distillery that are listed a regular code item for sale in the state, and allows for direct shipment from an eligible distillery to the local board to fulfill the order if the local board cannot fulfill the order due to lack of inventory or time, subject to notification and authorization of the ABC Commission. Defines an eligible distillery to be a distillery that sells fewer than 10,000 proof gallons of in-house brand spirituous liquor distilled and manufactured by it at the permit holder's distillery per year, as specified, and that is either the holder of a distillery permit or is a business located outside the state licensed or permitted similarly in the state in which it is located and lawfully sells products in the state. Details the procedure for direct shipments, including the State ABC warehouse consigning the authorized merchandise to the distiller's account in care of the local board. Applies to special orders placed on or after September 1, 2019. Modifies the directive requiring the ABC Commission to develop and implement an online system to facilitate the sale and purchase of regular approved list items and special order list items of spirituous liquor by and among local ABC boards, now specifying a justification of the directive to be facilitating the sale of any remainders of a special items case (was, more specifically, by a local ABC board). Adds a new directive to require the ABC Commission to amend its rules consistent with Part XXI of the act, as amended.
AN ACT TO REDUCE THE ALTERNATE HIGHWAY USE TAX ON VEHICLE SUBSCRIPTIONS. SL 2019-69. Enacted July 1, 2019. Effective October 1, 2019.
Senate committee substitute to the 5th edition makes the following changes.
Provides that Section 1(a) of the act, which amends GS 90-210.25, is effective when the act becomes law and applies to licenses granted on or after that date. Provides that the remainder of the act, Sections 1(b) through 1(g), 2, and 3 are effective July 31, 2019, rather than June 30, 2019, and apply to cremations on or after that date.
Senate amendment makes the following changes to the 3rd edition.
Deletes the proposed changes to GS 136-102.6(b), which added that any plat with streets designated as public must also contain the specified written notice stating that any street designated on the plat or map as public is to be conclusively presumed to be an offer of dedication to the public of the street and that the designation does not ensure that a street has been or will be accepted, adopted, or maintained as public. Makes conforming changes. Amends the act's long title.
House amendment to the 4th edition makes the following changes.
Part I.
Amends the proposed changes to GS 74C-4, concerning the Private Protective Services Board, to make a technical change to refer to committee "chairs" rather than committee "chairpersons."
AN ACT TO MODIFY THE LAWS PERTAINING TO MEDICAID AND NC HEALTH CHOICE AS NEEDED FOR THE IMPLEMENTATION OF MEDICAID TRANSFORMATION. SL 2019-81. Enacted July 4, 2019. Effective October 1, 2019, except as otherwise provided.
AN ACT TO REQUIRE LAW ENFORCEMENT AGENCIES TO ENTER MISSING CHILD, MISSING PERSONS, OR UNIDENTIFIED PERSONS INFORMATION INTO THE NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM AFTER THIRTY DAYS HAVE PASSED AND THE PERSON HAS NOT BEEN FOUND OR IDENTIFIED. SL 2019-90. Enacted July 8, 2019. Effective October 1, 2019.
Intro. by McNeill, Faircloth, Floyd, C. Smith. | GS 143B |
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. SL 2019-91. Enacted July 8, 2019. Effective October 1, 2019.
AN ACT TO AMEND AND CLARIFY THE STATUTES GOVERNING THE NUTRIENT OFFSET CREDIT PROGRAM. SL 2019-86. Enacted July 8, 2019. Effective July 8, 2019.
Intro. by White, Bell, McGrady, Jones. | GS 143 |
AN ACT TO PROTECT THE INTERESTS OF DESIGNERS, PARTICULARLY SMALL AND WMBE ENTITIES, FROM UNFAIR CONTRACTING AND DUTY TO DEFEND REQUIREMENTS THAT VIOLATE THE EXISTING PUBLIC POLICY OF NORTH CAROLINA. SL 2019-92. Enacted July 8, 2019. Effective August 1, 2019.
Intro. by Arp, Stevens, Reives, Floyd. | GS 22B |
Senate committee substitute to the 2nd edition makes the following changes.
Eliminates proposed GS 42-14.5, which established that (1) the criminal record of any prospective or current residential lessee, occupant, or guest does not make any future injury or damage arising from the lessee, occupant, or guest foreseeable by the lessor or the lessor's agent and that (2) the residential lessor or the lessor's agent is not obligated to screen for or refuse to rent because of the criminal record of a prospective or current lessee, occupant, or guest.
Eliminates the proposed changes to GS 42-46(i), which provided that in the event of a judgment in favor of the landlord, out-of-pocket expenses not included in the judgment are chargeable to the tenant and can be collected by the landlord in any post-judgment attempt to settle or collect amounts owed, so long as the expenses and collection are allowable under the terms of the lease or agreement. Makes clarifying and technical changes to proposed GS 42-46(k), concerning alternative tenant-landlord dispute resolution.
Eliminates proposed GS 42-36.1B, concerning post-judgment satisfaction agreements, and the proposed subsection to GS 1A-1, Rule 60, concerning a motion by the prevailing party for relief from the judgment.
Makes clarifying changes to the effective date provisions.
Makes conforming changes to the act's long title.
AN ACT TO STUDY THE CHALLENGES CHILD CARE FACILITY OPERATORS FACE IN PARTICIPATING IN THE NORTH CAROLINA PREKINDERGARTEN (NC PRE-K) PROGRAM. SL 2019-87. Enacted July 8, 2019. Effective July 8, 2019.
Intro. by Horn, Dobson, Black, Strickland. | STUDY |
AN ACT TO CLARIFY THAT A LOCAL DECLARATION OF EMERGENCY INCLUDES THE AUTHORITY TO CLOSE ROADS AND PUBLIC VEHICULAR AREAS TO THE PUBLIC DURING THE EMERGENCY. SL 2019-89. Enacted July 8, 2019. Effective July 8, 2019.
Intro. by Horn. | GS 166A |
Senate amendment makes the following changes to the 2nd edition.
Section 3
Adds the following directives concerning the Type I transfer of all functions, powers, duties, obligations, resources, and appropriations vested in the State Board of Education, the Superintendent of Public Instruction, and the School Insurance Fund Section of the Department of Public Instruction (DPI) for management and operation of a system of insurance for public education property to the Department of Insurance (DOI) and the Commissioner of Insurance. Transfers eight specified positions (one school insurance consultant, three fire safety inspectors, two administrative specialists, and one accounting technician) from DPI to the Department of Insurance, and gives the Department of Insurance authority to eliminate the positions as needed for efficiency. Directs DPI to maintain the specified education program administrator position to continue administration of non-property insurance benefit services formerly handled by the School Insurance Fund Section, and to use specified appropriated funds for costs associated with the position.
AN ACT TO CLARIFY ELIGIBILITY FOR EXTENDED TEACHER CONTRACTS, TO REQUIRE COMPLETION OF AN ECONOMICS AND PERSONAL FINANCE COURSE AS A HIGH SCHOOL GRADUATION REQUIREMENT IN PUBLIC SCHOOLS, TO CLARIFY REQUIREMENTS FOR HIGH SCHOOL CIVIC LITERACY, AND TO REQUIRE PROFESSIONAL DEVELOPMENT FOR ECONOMICS AND PERSONAL FINANCE TEACHERS. SL 2019-82. Enacted July 8, 2019. Effective July 8, 2019, except as otherwise provided.
AN ACT EXPANDING THE RIGHT TO TRY ACT TO PROVIDE ACCESS TO INVESTIGATIONAL ADULT STEM CELL TREATMENTS FOR PATIENTS DIAGNOSED WITH A TERMINAL OR CHRONIC ILLNESS. SL 2019-70. Enacted July 1, 2019. Effective December 1, 2019.
Intro. by Blackwell, Lambeth, Murphy, Reives. | GS 90 |
The Daily Bulletin: 2019-07-08
AN ACT TO REVISE THE LAW GOVERNING THE LICENSURE OF CERTAIN GENERAL CONTRACTORS TO REQUIRE CONTINUING EDUCATION FOR THE PURPOSE OF ENHANCING THE PROFESSIONAL COMPETENCE AND PROFESSIONAL RESPONSIBILITY OF THOSE LICENSEES. SL 2019-72. Enacted July 1, 2019. Effective July 1, 2019, except as otherwise provided.
Intro. by Gunn, Newton, D. Davis. | GS 87 |
AN ACT TO CLARIFY THE STATUTES REGULATING ELECTRICAL CONTRACTORS TO ENABLE LICENSED ELECTRICAL CONTRACTORS EMPLOYED BY SCHOOLS, HOSPITALS, AND NONPROFITS TO MAKE REPAIRS AND CONDUCT MAINTENANCE AT ALL FACILITIES AT ALL TIMES WHEN DONE AT THE DIRECTION OF THE SCHOOL, HOSPITAL, OR NONPROFIT. SL 2019-78. Enacted July 4, 2019. Effective July 4, 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. SL 2019-75. Enacted July 1, 2019. Effective June 30, 2019.
Intro. by Burgin. | UNCODIFIED |
AN ACT TO CLARIFY STATE AGENCIES' OBLIGATIONS TO REFRAIN FROM INTERFERENCE WITH STATE EMPLOYEES' DUTY TO REPORT VIOLATIONS OF STATE OR FEDERAL LAW, FRAUD, MISAPPROPRIATION OF STATE RESOURCES, AND OTHER GOVERNMENTAL IMPROPRIETIES; AND MAKE OTHER CHANGES TO FOSTER GOVERNMENTAL ACCOUNTABILITY TO PREVENT VIOLATIONS OF STATE OR FEDERAL LAW, FRAUD, MISAPPROPRIATION OF STATE RESOURCES, AND OTHER GOVERNMENTAL IMPROPRIETIES. SL 2019-80. Enacted July 4, 2019. Effective July 4, 2019.
House committee substitute makes the following changes to the 4th edition.
Part II.
Modifies the proposed changes to GS 110-91(8) (mandatory standards for staff in child care facilities), which increase the requirements for lead teachers in and operators of child care centers. Now requires lead teachers to (1) have at least five specified college courses earned from an NC community college or (2) either a North Carolina Infant-Toddler Certificate or Preschool Certificate or its equivalent within 24 months of hire (previously, required at minimum an Infant-Toddler Certificate or Preschool Certificate or its equivalent at hire only). Modifies the timelines for these requirements to be met depending on the teacher's hiring date. Provides for lead teachers employed as of January 1, 2020, to complete the specified courses or receive the Certificate or its equivalent by January 1, 2022 (was, receive the Certificate by January 1, 2021). Requires lead teachers hired after January 1, 2020, to complete the additional specified courses or have the Certificate or equivalent within 24 months of hire (was, earn the Certificate or its equivalent within 18 months of hire). Sets forth an inclusive list of equivalencies. Changes requirements for operators to now require operators to (1) have completed additional specified courses or (2) have an Infant-Toddler Certificate or Preschool Certificate or its equivalent within 24 months of being licensed (previously, did not provide for the completion of specified courses qualification; also previously required the operator to earn an Early Childhood Credential prior to licensing, and mandated the attainment of a Certificate within 18 months of licensing). Provides that operators licensed before January 1, 2020, have until January 1, 2022 (was, January 1, 2021) to receive the Certificate or its equivalent. Sets forth an inclusive list of equivalencies.
Specifies that T.E.A.C.H. Early Childhood scholarships are available and funded by the Child Care Development Block grant to provide financial support for completion of the required courses for lead teachers.
Concerning the incentives program the Division of Child Development and Early Education is directed to develop, specifies that the subsidy payment enhancements of the program are to be in addition to established subsidy payments based on star ratings.
Makes technical changes.
Intro. by Krawiec, Hise. | STUDY, UNCODIFIED, GS 90, GS 110, GS 131D |
House committee substitute to the 3rd edition makes the following changes.
Enacts new GS 147-69.6A establishing the Lumbee Tribe of North Carolina Trust Fund as a special fund in the Office of the State Treasurer under the Treasurer's management. Provides that the Fund consists of funds received by the Lumbee Tribe of North Carolina for the sale or lease of natural resources from the property described as Parcel 1 in SL 2013-186 and the interest and other investment income earned by the Fund. Allows assets in the Fund to be disbursed only to the Lumbee Tribal Administration for (1) payment of property taxes on the property, upon receipt of a property tax bill or (2) the reforestation of the property under the supervision of a consulting forester, upon receipt of an invoice for the services of the consulting forester or the purchase and installation of seedlings or saplings.
Amends Section 4 of the act to require that the funds received from the sale or lease of natural resources from the property described as parcel 1 in SL 2013-186 be deposited into the Lumbee Tribe of North Carolina Trust Fund, instead of into an escrow account and limits the uses of those funds to the conditions of that Trust Fund. Removes the reporting requirement.
Amends GS 147-69.2 (Investments authorized for special funds held by State Treasurer) to make the statute applicable to funds held by the State Treasurer to the credit of the Lumbee Tribe of North Carolina Trust Fund.
Makes conforming changes to the act's long title.
AN ACT TO MODIFY TEACHER LICENSURE REQUIREMENTS. SL 2019-71. Enacted July 1, 2019. Effective July 1, 2019, and, except as otherwise provided, applies beginning with applications for teacher licensure submitted on or after the eighteenth day following the effective date of this act.
AN ACT TO REPEAL THE TUITION SURCHARGE IMPOSED BY THE BOARD OF GOVERNORS ON STUDENTS WHO TAKE MORE THAN 140 DEGREE CREDIT HOURS TO COMPLETE A BACCALAUREATE DEGREE IN A FOUR-YEAR PROGRAM OR MORE THAN 110% OF THE CREDIT HOURS TO COMPLETE A BACCALAUREATE DEGREE IN A FIVE-YEAR PROGRAM. SL 2019-68. Enacted July 1, 2019. Effective July 1, 2019, and applies beginning with the 2019-20 academic year.
Intro. by Perry, Tillman, Horner. | GS 116 |
AN ACT TO REDUCE COSTS AND AID HOUSING AFFORDABILITY BY STREAMLINING THE PERFORMANCE GUARANTEE PROCESS BETWEEN DEVELOPERS AND LOCAL GOVERNMENTS. SL 2019-79. Enacted July 4, 2019. Effective July 4, 2019.
House committee substitute to the 3rd edition makes the following changes.
Amends GS 150B-1(e) further by also exempting from the contested case provisions of GS Chapter 150B the State Board of Education with respect to the renewal of charters under GS Chapter 115C, Article 14A.
House committee substitute to the 3rd edition makes the following changes.
Limits the definition of school in GS 115C-375.7 to a school within a public school unit, eliminating the inclusion of a school that meets the requirements of Part 1 (Private Church Schools and Schools of Religious Charter) or Part 2 (Qualified Nonpublic Schools) of Article 39. Makes changes throughout the statute by making requirements applicable to public school units instead of to schools. Adds that a volunteer must not administer or assist with the self-administration of any seizure medication if the volunteer has not met the adopted training requirements. Requires that the seizure education program be administered annually in each school (was, in each public school unit) and meet the specified requirements.
Amends GS 116-11 to require the UNC Board of Governors to adopt a policy regarding seizures and the rule adopted by the State Board of Education for all schools (was, all public school units) under its control.
Amends new GS 115C-548.5 and GS 115C-556.5 to encourage (was, to require) private church schools or schools of religious charter and qualified nonpublic schools to adopt a policy on seizures in accordance with GS 115C-375.7.
House committee substitute to the 3rd edition makes the following changes.
Repeals Section 24(a) of SL 2016-125, which amended GS 97-77, to establish the term for an appointment to fill a vacancy on the NC Industrial Commission (Commission) to be six years plus the remainder of the unexpired term (was, the remainder of the unexpired term), and to establish four-year terms and vacancy procedures for the Commission's chairman and vice-chairman.
Makes conforming changes to the act's long title.
Intro. by Sawyer. | GS 143 |
AN ACT TO CLARIFY THAT PROPERTIES SUBJECT TO THE VACATION RENTAL ACT ARE ALSO SUBJECT TO THE GENERAL STATUTES GOVERNING CITY AND COUNTY ENFORCEMENT OF HAZARDOUS AND UNLAWFUL CONDITIONS. SL 2019-73. Enacted July 1, 2019. Effective July 1, 2019.
Intro. by McInnis. | GS 42A |
House committee substitute to the 4th edition makes the following changes.
Amends GS 105-164.13 to establish a sales and use tax exemption for sales of diapers or incontinence underpads on prescription by an enrolled State Medicaid/HealthChoice provider for use by beneficiaries of the State Medicaid program when the provider is reimbursed by the State Medicaid Program or a Medicaid managed care organization, as defined by specified federal law. Amends GS 105-164.3 to define diaper and incontinence underpad. Applies to sales occurring on or after October 1, 2019.
Further amends GS 105-113.40, modifying the terminology to require every person required to be licensed under Article 2A (rather than wholesale dealers and retail dealers) to keep complete and accurate records of all purchases, inventories, sales, shipments, and deliveries of tobacco products.
AN ACT TO INCREASE THE MAXIMUM PROCESSING FEE FOR RETURNED CHECKS. SL 2019-77. Enacted July 5, 2019. Effective October 1, 2019.
Intro. by Gunn, D. Davis. | GS 25 |
House amendments to the 5th edition make the following changes.
Part I. State and Local Government Regulation
Amendment #2 further amends GS 143-215.107A to also exclude Rockingham County from vehicle emissions inspections (previously, excluded Onslow County only).
Part III. Miscellaneous Regulatory Reform Provisions
Amendment #1 makes the following changes to Part III.
Amends the proposed changes to GS 83A-13 to exempt from architectural license requirements institutional or commercial buildings having a total value not exceeding $200,000 (previously, $175,000; $90,000 under current law). Makes conforming changes.
Adds new Section 27.5 as follows.
Amends GS 83A-2, making technical changes regarding the member appointments to the NC Board of Architecture (Board) to delete obsolete language. Additionally, requires public notice of the Board's annual meeting to be published for at least two weeks on the Board's website, rather than published at least once each week for two weeks in one or more newspapers in general circulation in the state.
Amends GS 83A-5 to require the Board to maintain and publish a roster of all architects and architectural firms holding current licenses from the Board, with copies filed with the Secretary of State and the Attorney General only (was, published at least once a year with copies also filed with other applicable State or local agencies and upon request, distributed or sold to the public). Now authorizes the Board to make the roster available on the Board's website.
Amends GS 83A-7. Modifies the qualifications for application for examination (rather than qualifications for registration) as a duly licensed architect, now requiring practical training and experience as specified by Board rules (previously, specified at least three years of such experience), and the successful completion of an accredited master or bachelor degree in architecture as specified by Board rules (previously, generally required professional education). Maintains the requirement for successful completion of a licensure examination in architecture. Concerning licensing by reciprocity, requires an individual to hold a certified record (was, a certificate of qualification) issued by the National Council of Architectural Registration Board (NCARB) in addition to holding a current architect license from another state or territory. Specifies that the Board's authority to waive the NCARB certified record requirement is in the Board's discretion.
Amends GS 83A-11 to specify that license renewal applications be transmitted, rather than mailed, as previously specified.
Amendment #3 modifies the proposed changes to GS 20-79.1A(a)(1) to require a dealer to notify a purchaser of any outstanding civil penalties, fees, tolls, and obligations owed that are of record and known to the dealer at the time the dealer applies for a title to a motor vehicle and a registration plate (previously, did not specify the outstanding obligations be of record and known by the dealer at the time of application).
Intro. by Sanderson, Wells. | STUDY, Onslow, Rockingham, GS 14, GS 18B, GS 20, GS 83A, GS 93A, GS 117, GS 130A, GS 143, GS 153A, GS 159G, GS 160A, GS 163A |
AN ACT TO UPDATE STATUTES RELATING TO THE PROVISION OF SERVICES WITH PEOPLE FIRST LANGUAGE BY CHANGING THE PHRASE "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" OR "INTELLECTUAL OR OTHER DEVELOPMENTAL DISABILITY" AND TO MAKE FURTHER PEOPLE FIRST LANGUAGE, TECHNICAL, AND CLARIFYING AMENDMENTS IN THOSE STATUTES, AND ALSO TO AMEND THE MEMBERSHIP OF THE GENERAL STATUTES COMMISSION TO REPEAL THE APPOINTING AUTHORITY OF THE CHARLOTTE SCHOOL OF LAW, WHICH HAS CLOSED, TO PROVIDE FOR THE TERMS OF MEMBERS TO BEGIN ON SEPTEMBER 1 RATHER THAN JUNE 1, AND TO HARMONIZE TWO PROVISIONS DEALING WITH VACANCIES AND HOLDOVER MEMBERS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. SL 2019-76. Enacted July 1, 2019. Parts I and II are effective October 1, 2019, except as otherwise provided in those parts. The remainder is effective July 1, 2019, except as otherwise provided.
House committee substitute to the 3rd edition makes the following changes.
Part II.
Amends GS 62-133A as adding that if an electric public utility operating under a banding of authorized returns exceeds the midpoint return on equity up to the high-end range of the band approved by the Utilities Commission (Commission) based on its normalized, earned return on equity for the prior 12-month, year-end period as specified in the statute, the utility must determine the after-tax dollar value of the amount of the earnings that exceed the midpoint return on equity up to the high-end range of the band and must, within 60 days of determining that value, submit the value to the Commission for verification along with a petition to the Commission to make investments of an equivalent amount in one or more of: (1) electric infrastructure investments in economically distressed areas or low-income communities that facilitate job creation, (2) electric infrastructure investments that further creation of affordable housing for low-income customers, (3) electric infrastructure investments in communities that will result in quantifiable and measurable benefits for low-income customers in those communities, or (4) energy efficiency and demand-side management programs for low-income customers. Sets out information that must be included in the petition as to the selected investments as well as those that were considered. If approved, requires the Commission to include the costs of the approved investments in the electric public utility's cost of service or rate base, as appropriate. Provides that if a petition is denied, the utility must, within 60 days of the Commission's order, submit a new petition for investments in compliance with the requirements above. Makes organizational and clarifying changes to the statute.
AN ACT TO AUTHORIZE THE ADDITION OF NORTHERN PEAKS STATE TRAIL TO THE STATE PARKS SYSTEM. SL 2019-74. Enacted July 1, 2019. Effective July 1, 2019.
Intro. by Ballard. | UNCODIFIED |
House committee substitute to the 3rd edition makes the following changes.
Part II. Replace EOGs with Through-Grade Assessment Model Similar to NC Check-Ins
Provides that if SB 500 (Modify Advanced Math Course Enrollment) of the 2019 Regular Session becomes law, the proposed changes to GS 115C-81.36 are repealed, and instead amends GS 115C-81.36, as amended by SB 500, as follows. Requires that any student scoring at the highest level on the State-mandated test (rather than the end-of-grade test) in math in grades three through five be provided advanced learning opportunities in math for the next school year. Also requires, when advanced math courses are offered in grades six and higher, any student scoring at a the highest level on the State-mandated test that denotes superior command of knowledge and skill for math (rather than a specified level on the end-of-grade or end-of-course test) be enrolled in the advanced course for the next math course in which the student is enrolled; makes the same changes for seventh grade students whose next level course will be at a high school level. Prohibits removal of a qualifying student without written consent of the student's parent or guardian who has been adequately informed that the student's placement was determined by the student's achievement in the previous math course (rather than on the end-of-grade or end-of-course test). Applies beginning with testing administered for the 2022-23 school year.
The Daily Bulletin: 2019-07-08
AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF CLAREMONT. SL 2019-93. Enacted July 8, 2019. Effective June 30, 2019.
Intro. by Setzer. | Catawba |
AN ACT TO ALLOW LANDS OWNED BY THE TOWN OF WRIGHTSVILLE BEACH TO BE USED FOR THE BENEFIT OF THE PUBLIC AND TO ALLOW THE TOWN TO REGULATE CERTAIN PRIVATE BUSINESSES OPERATING ON THOSE LANDS. SL 2019-94. Enacted July 8, 2019. Effective July 8, 2019.
Intro. by Davis. | New Hanover |
Senate amendment make the following change to the 1st edition. Expands the scope of the act to also make it applicable to Brunswick County. Makes conforming changes to the act's long title.
Senate amendment to the 1st edition makes the following changes.
Adds the following.
Amends SL 1995-66 for Stokes County to change the manner of election of the Stokes County Board of Education from nonpartisan to partisan and to make their terms four years. Provides that members elected to the Stokes County Board of Education will take office the first Monday of December immediately following their election, at which time the terms of their predecessors expire, and that members continue to serve until a successor has been elected and qualified. Mandates an alternating quadrennial schedule of the number of members who will be up for election; beginning in 2020 and every four years thereafter, three members will be elected, while two members will be elected in 2022 and every four years thereafter.
Excludes from impact any person elected in 2016 or 2018 to the Stokes County Board of Education, or to any person appointed to fill a vacancy for a member elected in those years. Amends GS 115C-37.1(d) to add Stokes County to the list of counties filling county board vacancies on a partisan basis; effective on the first Monday of December in 2020.
Repeals all laws and clauses of laws in conflict with this act.
Makes conforming changes to the act's long title.
AN ACT ADDING CERTAIN DESCRIBED NAVIGABLE WATERS AND THE UNINCORPORATED PORTION OF THE RACHEL CARSON RESERVE TO THE CORPORATE LIMITS OF THE TOWN OF BEAUFORT. SL 2019-95. Enacted July 8, 2019. Effective June 30, 2019.
Intro. by McElraft. | Carteret |
AN ACT TO AUTHORIZE THE COUNTY OF WILKES TO REALIGN THE COUNTY FOR THE PURPOSES OF COUNTY FIRE TAX DISTRICTS UNDER CHAPTER 69 OF THE GENERAL STATUTES. SL 2019-96. Enacted July 8, 2019. Effective July 8, 2019.
Intro. by Elmore, Stevens. | Wilkes |
The Daily Bulletin: 2019-07-08
Actions on Bills: 2019-07-08
H 18: ALLOW ABSENTEE BALLOTS/FIRE DISTRICT ELECTION.
H 50: ALLOW HYPERBARIC OXYGEN THERAPY FOR TBI/PTSD.
H 67: ROAD BARRIER PROHIBITION.
H 106: INMATE HEALTH CARE & 340B PROGRAM. (NEW)
H 107: PED OVERSIGHT/EPP CHANGES.
H 108: PED/SAFEKEEPER HEALTH CARE COST RECOV. PRACT.
H 126: PAY INCREASES/STATE HIGHWAY PATROL. (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 211: VARIOUS DMV CHANGES.-AB
H 217: DIT CHANGES.-AB
H 220: INSURANCE TECHNICAL CHANGES.-AB
H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)
H 228: MODERNIZE LAWS PERTAINING TO NC MEDICAL BOARD.-AB
H 235: Utilities Comm'n Tech. and Add'l Changes.-AB (NEW).
H 243: STATE HUMAN RESOURCES ACT AMENDMENTS.-AB
H 264: GSC TECHNICAL CORRECTIONS 2019.
H 268: AMEND ON-SITE WASTEWATER LAWS/MISC. TC. (NEW)
H 283: CONNER’S LAW.
H 310: CLARIFY INSURANCE PROD'R CRIM. BCKGRD CHECK.
H 323: ASSESS COSTS OF LOCAL LEO CRIME LAB ANALYSIS.
H 329: RENEWABLE ENERGY AMENDS. (NEW)
H 337: CHANGE SALVAGE VEHICLE TRANSFER REQUIREMENTS.
H 362: 15-POINT SCALE FOR SCHOOL PERFORMANCE GRADES.
H 391: PASSENGER PROTECTION ACT. (NEW)
H 402: UNC CAPITAL PROJECTS.
H 449: HANDICAPPED & SPECIAL REGISTRATION PLATES (NEW).
H 469: VARIOUS FAMILY LAW CHANGES. (NEW)
H 474: DEATH BY DISTRIBUTION.
H 492: SIMPLIFY BUILDER INVENTORY EXCLUSION.
H 495: NO MUNICIPAL REG/OFF-SITE WASTEWATER SYSTEMS. (NEW)
H 529: UTILITIES/WATER AND WASTEWATER CONSUMPTION.
H 536: TEMP OUTDOOR RESTAURANTS FOR OUTDOOR SEATING (NEW).
H 546: PROHIBIT COUNTERFEIT/NONFUNCTIONAL AIRBAGS.
H 554: FUNERAL PRACTICE LICENSURE TECH. CORRECTIONS.
H 575: ESTABLISH BIRTH CENTER LICENSURE ACT.
H 590: AMEND ADMINISTRATIVE PROCEDURE LAWS.
H 620: STREET DATABASE/MANUAL/PUBLIC RECORD EXCEPT. (NEW)
H 628: 2019 BANKING & MORTGAGE CORRECTIONS & CHANGES.
H 629: LAW-ENFORCEMENT MUTUAL AID.
H 630: PROTECTIVE SERVICES/ALARM SYSTEMS LAW CHANGES. (NEW)
H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)
H 635: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)
H 645: REVISIONS TO OUTDOOR ADVERTISING LAWS.
H 668: VARIOUS HIGHER EDUCATION CHANGES.
H 675: 2019 BUILDING CODE REGULATORY REFORM.
H 724: TRUTH IN CALLER ID ACT.
H 735: ADOPT RULES INCORPORATING 2017 FOOD CODE.
H 747: NC MISSING PERSON INFORMATION SHARING.
H 755: TRAVEL INSURANCE AMENDMENTS.
H 758: MSD EXPANSION AND GOVERNANCE/DACS STUDY. (NEW)
H 760: EXPAND LOSS PREVENTION INVESTIGATIONS.
H 761: CLARIFY WASTEWATER PERMITTING LIABILITY.
H 770: FREEDOM TO WORK/OLB REFORM. (NEW)
H 777: PAY INCREASES/SBI & ALE. (NEW)
H 812: NUTRIENT OFFSET AMENDMENTS.
H 871: FAIR CONTRACTS. (NEW)
H 872: UNDERGROUND UTILITY SAFETY ACT/CHANGES.
H 880: LANDLORD/TENANT 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 1019: CONFIRM FLOYD MCKISSICK/UTILITIES COMMISSION.
S 29: MOVE OVER LAW/INCREASE PENALTIES/AMBER LIGHTS. (NEW)
S 105: CLARIFY EMERGENCY POWERS. (NEW)
S 118: PRISON SAFETY/TANF STATE PLAN/CLARIFICATIONS. (NEW)
S 210: ORGAN & TISSUE DONATION/HEART HEROES.
S 212: CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW)
S 218: CLARIFY STATE RECOGNITION - LUMBEE INDIANS.
S 297: CANCER RESEARCH ADVISORY PANEL.
S 316: AFFORDABLE HOUSING.
S 332: CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS.
S 343: VARIOUS EDUCATION LAW CHANGES. (NEW)
S 354: STRENGTHENING EDUCATORS' PAY ACT. (NEW)
S 356: DOT CASH AND ACCOUNTABILITY. (NEW)
S 384: CLARIFY MOTOR VEHICLE DEALER LAWS.
S 391: EXPAND YOUTH INTERNSHIP OPPORTUNITIES.
S 420: NC SERVICEMEMBERS CIVIL RELIEF ACT.
S 444: ALLOW USE OF OYSTER SHELLS AS SERVING DISHES.
S 462: MODIFICATIONS TO NC APPRAISAL BOARD.
S 478: MODIFY APPOINTMENT REPORTING. (NEW)
S 493: DVPO ABUSER TREATMENT/TIME OF EXPIRATION. (NEW)
S 508: CIVIL PROCEDURE/DEPONENT DECLARATION.
S 523: REV. LAWS CLARIFYING & ADMINISTRATIVE CHANGES.
S 535: AUTHORIZE STATE PARK/CLARIFY CORP NAME. (NEW)
S 553: REGULATORY REFORM ACT OF 2019.
S 559: STORM SECURITIZATION. (NEW)
S 604: AMEND NC VETERINARY PRACTICE ACT.
S 606: PRIORITIZE NATIVE NC PLANTS ON HIGHWAY ROW.
S 621: TESTING REDUCTION ACT OF 2019.
S 682: IMPLEMENT CRIME VICTIM RIGHTS AMENDMENT.
S 683: COMBAT ABSENTEE BALLOT FRAUD.
S 684: CONFIRM JEFF HUGHES/UTILITIES COMMISSION.
S 685: CONFIRM KIM DUFFLEY/UTILITIES COMMISSION.
Actions on Bills: 2019-07-08
H 4: CLAREMONT DEANNEXATION.
H 52: WRIGHTSVILLE BEACH LOCAL ACT AMENDMENT.
H 80: ROANOKE RAPIDS LAKE/UNATTENED EQUIP. (NEW)
H 98: MACON/CLAY/NO RIGHT-OF-WAY SPOTLIGHTING.
H 112: ROANOKE RAPIDS LOCAL OPTION SALES TAX.
H 134: FILLING VACANCY/ONSLOW COUNTY BOARD OF COMM.
H 170: VARIOUS SATELLITE ANNEXATIONS. (NEW)
H 187: AMEND TOWN OF ELON CHARTER/PARKING ORDINANCES.
H 204: TOWN OF BEAUFORT/ANNEXATION. (NEW)
H 237: BRUNSWICK COUNTY ZONING PROCEDURE CHANGES.
H 239: PITT COUNTY ANIMAL CONTROL RECORDS.
H 285: CITY OF SANFORD/TOWN OF BEAUFORT VOL ANNEX. (NEW)
H 324: CLEVELAND/CALDWELL COUNTIES HUNTING OMNIBUS. (NEW)
H 349: WILKES COUNTY FIRE TAX-PROCEDURE.
H 368: BERMUDA RUN/SPEED RESTRICTIONS.
H 429: NAVIGABLE WATERS/MANTEO/HYDE (NEW)
H 489: LINCOLNTON-LINCOLN COUNTY AIRPORT AUTHORITY.
S 186: BEAUFORT-MOREHEAD CTY AIRPORT AUTHORITY/AMEND.
S 194: WEST JEFFERSON/SALUDA/YANCEYVILLE ANNEX. (NEW)
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