The Daily Bulletin: 2019-07-24

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The Daily Bulletin: 2019-07-24

PUBLIC/HOUSE BILLS
H 597 (2019-2020) WILDLIFE RESOURCES COMMISSION AMENDS. Filed Apr 3 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE WILDLIFE RESOURCES COMMISSION.

Senate committee substitute makes the following changes to the 5th edition.

Modifies the proposed changes to GS 113-291.6, regarding restrictions for steel-jaw, leghold, or conibear traps, now requiring the traps to bear a weather-resistant permanent tag attached legibly giving the trapper's name and address or trapper identification number (previously, required both the trapper's name and address and trapper identification number). Adds a new requirement for the Wildlife Resources Commission to disclose the identity of a trapper to a landowner upon the landowner's request if the trapper places a trap on the property of the landowner that gives the trapper's trapper identification number instead of the trapper's name and address.

Further amends GS 113-276, enacting new subsection (o) to permit an eligible member of a volunteer fire department for five consecutive fiscal years, including the prior fiscal year, to be issued any adult resident lifetime license issuable under Article 21 for 50% of the applicable license fee amount. Defines eligible member to mean an individual appearing on the certified roster of eligible firefighters submitted to the NC State Firefighters' Association under specified state law. Effective October 1, 2019.

Intro. by Adams, Henson, Wray, Yarborough.GS 14, GS 75A, GS 106, GS 113, GS 143

The Daily Bulletin: 2019-07-24

PUBLIC/SENATE BILLS
S 522 (2019-2020) LOW-PERF. SCHOOLS/ADV. TEACHING ROLES. (NEW) Filed Apr 2 2019, AN ACT TO ALIGN THE SELECTION OF INNOVATIVE SCHOOLS WITH THOSE IDENTIFIED BY THE STATE BOARD OF EDUCATION FOR COMPREHENSIVE SUPPORT AND IMPROVEMENT, TO EXPAND OPTIONS FOR THE INNOVATIVE SCHOOL DISTRICT, TO REQUIRE LOCAL BOARDS OF EDUCATION TO INFORM BOARDS OF COUNTY COMMISSIONERS OF ACADEMIC PROGRESS, TO REQUIRE FURTHER STUDY OF REFORMS FOR ASSISTANCE TO LOW-PERFORMING SCHOOLS, TO ELIMINATE THE CAP ON LOCAL BOARDS OF EDUCATION THAT CAN PARTICIPATE IN THE ADVANCED TEACHING ROLES PILOT PROGRAM, AND TO EXEMPT ADVANCED TEACHING ROLES SCHOOLS FROM CLASS SIZE REQUIREMENTS.

House amendments make the following changes to the 5th edition.

Amendment #1

Modifies the proposed changes to GS 115C-75.7, now requiring the State Board of Education (State Board) to only select schools for transfer to the Innovative School District (ISD) in accordance with the statute's provisions (previously, required the State Board to select no more than five qualifying schools annually to transfer to the ISD as innovative schools in accordance with the statute). Eliminates proposed GS 115C-75.7(b3), which allowed a local board of education to request that the State Board select a qualifying school under the control of that local board as an innovative school, upon recommendation of the ISD Superintendent. Instead, enacts GS 115C-75.7(c1), allowing local boards to request selection in the same manner as proposed in subsection (b3), but limits the authority to when fewer than five schools have been selected pursuant to the selection process set forth in subsection (c), as amended, and provided that no more than five schools are selected that year in total.

Amendment #2

Amends GS 115C-270.15, as amended by Section 1.1 of SL 2019-71, concerning teacher examination requirements for initial professional licenses (IPLs). Expands the statute's provisions to apply to a residency license (RL).

Amends GS 115C-270.20(a)(4a), as enacted by Section 2.1 of SL 2019-71, concerning a limited license. Amends the criteria for in-state licensees to receive a limited license, now requiring the individual to have been issued an IPL or RL and having failed to fulfill the examination requirements under GS 115C-270.15, as amended, after three years of licensure. 

Deems a lateral entry licensee to meet the limited license criteria set forth in GS 115C-270.20(a)(4a), as amended, if two criteria are met: (1) the individual would have been issued a continuing professional license (CPL) but for the failure to fulfill examination requirements set by the State Board and (2) the local board of education submits to the State Board an affidavit, signed by the appropriate principal and superintendent, stating the teacher is currently employed by that local board, is an effective teacher, and will be encouraged to continue to pursue a CPL (similar to the in-state licensee limited license criteria).

Amends Section 1.2 of SL 2019-71 to now grant an extension until June 30, 2020, for elementary education or special education general curriculum teachers with an IPL, lateral entry license, or residency license that is set to expire June 30, 2019, due to failure to fulfill licensure examination requirements, effective June 30, 2019 (previously, was limited to only IPLs set to expire and did not include an effective date). 

Amends Section 1.3 of SL 2019-71, adding that GS 115C-270.15(c), as amended (which requires the State Board to permit an applicant to fulfill exam requirements before or during the third year of IPL licensure so long as the applicant took the exam at least once during the first year of licensure) applies to individuals holding an IPL on or after the date that act became law.

Amends Section 6 of SL 2019-71, making SL 2019-71 apply beginning with the eighteenth day following the date that act became law (was, beginning with applications for teacher licensure submitted on or after the eighteenth date following the effective date of the act).

Applies to individuals holding or seeking licensure on or after the date the act becomes law.

Makes conforming changes to the act's long title and effective date provisions.

Amendment #3

Eliminates Section 5 of the act, which amended GS 115C-390.2 and GS 115C-390.8, regarding student conduct and disciplinary policies. Makes conforming changes to the act's long title and effective date provisions. 

Intro. by Tillman.STUDY, GS 115C
S 681 (2019-2020) AGENCY POLICY DIRECTIVES/2019-2020. (NEW) Filed Jun 20 2019, AN ACT ENACTING AGENCY POLICY DIRECTIVES FOR THE 2019-2021 FISCAL BIENNIUM, CONSISTENT WITH CERTAIN POLICY DIRECTIVES IN RATIFIED HOUSE BILL 966 OF THE 2019 REGULAR SESSION; MODIFYING STAFFING IN THE OFFICE OF RECOVERY AND RESILIENCY; AND CLARIFYING THAT PARTIES TO AN INTERGOVERNMENTAL SUPPORT AGREEMENT WITH A MAJOR MILITARY INSTALLATION THAT OPERATES A PSAP MAY USE 911 FUNDS FOR NEXT GENERATION 911 SYSTEM COMPATIBILITY.

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

Amends new Article 2, Rural Health Care Stabilization Program, to GS Chapter 131A as follows. Changes the logistics of the Rural Health Care Stabilization Fund (Fund) created by the act. Now provides for the Fund to be a nonreverting special fund in the Office of State Budget and Management and under the custody of the State Treasurer, rather than controlled and under the direction of UNC Health Care. Changes the interest rate and maturity for loans awarded under the Program. Now requires that the interest rate not exceed the interest rate obtained by the State on its most recent general obligation bond offering (previously, required to be below the market rate), and that the maturity not exceed ten years, with the one-time option to extend the loan for another ten years (previously, set maturity at seven years). Changes the effective date of new Article 2 and its conforming changes to the date the act becomes law (was, July 1, 2019).

Adds the following provisions.

Amends GS Chapter 105, Article 46 (now, the one-­quarter cent or one-­half cent county sales and use tax), as follows. Requires that taxes levied under the Article be approved in a referendum, as specified. Restricts a referendum to an increase in increment of .25%, and limits the total local sales and use tax rate to 2.5% or 2.75%, as specified. Prohibits holding a referendum on the levy of taxes under the Article within one year from the date of the last preceding election for the same. Makes conforming changes. Now restricts a county's use of the net proceeds of taxes levied under the Article to any public purpose and/or public education purposes, which must be indicated on the ballot question presented at the referendum, as specified. Defines public education purposes to mean (1) public school capital outlay purposes or to retire any of the county's related indebtedness, (2) classroom teacher salary supplements, or (3) financial support of community colleges. Makes conforming changes. 

Enacts new GS 105-­506.3 to require that taxes under GS Chapter 105, Article 43 (local government sales and use taxes for public transportation), only be levied when the total local sales and use tax rate in the county, including a levy under this article, does not exceed a specified limit (limit is identical to that in new GS Chapter 105, subchapter 105, Article 43, described above).

Amends GS 105­-164.3(4a) to amend the definition of Combined general rate to mean the sum of: the State's general rate in GS 105­-164.4(a); the sum of the rates of the local sales and use taxes authorized for every county in GS Chapter 105, Articles 39, 40, and 42, or SL 1967­-1096; and half of the maximum rate authorized by GS Chapter 105, Article 46.

Amends GS 143B-437.01 concerning the Industrial Development Fund Utility Account by expanding the definition of economically distressed county (as it is used in the statute) to mean a county that has one of the 87 highest rankings under GS 143B-437.08, which designates development tiers (was, county that is defined as a development tier one or two area). 

Makes conforming changes to the act's titles.

Intro. by Berger, Tillman.GS 105, GS 113A, GS 116, GS 131A, GS 142, GS 143B

The Daily Bulletin: 2019-07-24

The Daily Bulletin: 2019-07-24

LOCAL/SENATE BILLS
S 194 (2019-2020) WEST JEFFERSON/SALUDA/YANCEYVILLE ANNEX. (NEW) Filed Mar 6 2019, AN ACT TO REMOVE THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWN OF WEST JEFFERSON AND THE CITY OF SALUDA AND TO ANNEX CERTAIN DESCRIBED PROPERTY INTO THE CORPORATE LIMITS OF THE TOWN OF YANCEYVILLE.

AN ACT TO REMOVE THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWN OF WEST JEFFERSON AND THE CITY OF SALUDA AND TO ANNEX CERTAIN DESCRIBED PROPERTY INTO THE CORPORATE LIMITS OF THE TOWN OF YANCEYVILLE. SL 2019-160. Enacted July 24, 2019. Effective July 24, 2019, except as otherwise provided.

Intro. by Ballard.Ashe, Caswell, Polk
ACTIONS ON BILLS

Actions on Bills: 2019-07-24

PUBLIC BILLS

H 126: PAY INCREASES/STATE HIGHWAY PATROL. (NEW)

    Senate: Passed 3rd Reading
    Senate: Engrossed
    Senate: Passed 3rd Reading
    Senate: Engrossed

H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/25/2019
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/25/2019

H 228: MODERNIZE LAWS PERTAINING TO NC MEDICAL BOARD.-AB

    House: Concurred In S Com Sub
    House: Ordered Enrolled

H 231: UNC & COMM. COLL. PAY/RETIREE BONUS. (NEW)

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)
    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)

H 283: CONNER’S LAW.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/25/2019

H 305: SUMMER SCHOOL STUDY/COLLEGE ADV. CORPS. (NEW)

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)

H 372: UNC AP SCORES & FUNDS/NCSSM-MORGANTON CAMPUS. (NEW)

    House: Reptd Fav
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Cal Pursuant Rule 36(b)

H 391: PASSENGER PROTECTION ACT. (NEW)

    House: Withdrawn From Cal
    House: Cal Pursuant Rule 36(b)

H 554: FUNERAL PRACTICE LICENSURE TECH. CORRECTIONS.

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 07/29/2019

H 597: WILDLIFE RESOURCES COMMISSION AMENDS.

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

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

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 07/25/2019

H 645: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)

H 724: TRUTH IN CALLER ID ACT.

    House: Pres. To Gov. 7/24/2019

H 736: ELECTIVE SHARE-JOINT ACCOUNTS.

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

H 760: EXPAND LOSS PREVENTION INVESTIGATIONS.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 07/29/2019

H 784: TRAFFIC-CONTROL TRAINING PROGRAM. (NEW)

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

H 848: RV DEALER REGULATION.

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

H 872: UNDERGROUND UTILITY SAFETY ACT/CHANGES.

    House: Ratified

H 880: LANDLORD/TENANT CHANGES.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

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

    House: Concurred In S Com Sub
    House: Ordered Enrolled

S 5: SCHOOL SAFETY OMNIBUS. (NEW)

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 07/25/2019

S 9: FEMALE GENITAL MUTILATION/CLARIFY PROHIBITION.

    Senate: Pres. To Gov. 7/24/2019

S 68: RELOCATION OF WATER/SEWER LINE COSTS.

    House: Placed On Cal For 07/29/2019

S 123: GEO ISO SCH/TRANSP EFF BUFF/CURRITUCK CTY SCH. (NEW)

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 07/25/2019

S 301: REGIONAL SCHOOL MODIFICATIONS. (NEW)

    Senate: Pres. To Gov. 7/24/2019

S 320: REGIONAL WATER SYSTEMS AND STATE GRANTS.

    Senate: Pres. To Gov. 7/24/2019

S 321: FEDERAL MOTOR CARRIER SAFETY/PRISM. (NEW)

    House: Regular Message Sent To Senate
    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 07/25/2019

S 366: 9TH/10TH GRADE/COLLEGE TRANSFER PATHWAYS. (NEW)

    Senate: Pres. To Gov. 7/24/2019

S 413: RAISE THE AGE MODIFICATIONS.

    Senate: Pres. To Gov. 7/24/2019

S 438: EXCELLENT PUBLIC SCHOOLS ACT OF 2019.

    Senate: Failed Concur In H Com Sub
    Senate: Conf Com Appointed

S 498: FACILITATE RESPONSE TO DISASTERS.

    Senate: Pres. To Gov. 7/24/2019

S 522: LOW-PERF. SCHOOLS/ADV. TEACHING ROLES. (NEW)

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Amend Failed A4
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Amend Failed A4
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 537: LICENSING & HHS AMENDS & RURAL HEALTH STABLE. (NEW)

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

S 562: THE SECOND CHANCE ACT.

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

S 590: MODIFY CONTINUING ED FOR REAL ESTATE BROKERS.

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

S 681: AGENCY POLICY DIRECTIVES/2019-2020. (NEW)

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

Actions on Bills: 2019-07-24

LOCAL BILLS

S 190: EXPAND SPECIAL ASSESSMENTS FOR DAM REPAIR.

    Senate: Ratified

S 194: WEST JEFFERSON/SALUDA/YANCEYVILLE ANNEX. (NEW)

    Senate: Ratified
    Senate: Ch. SL 2019-160

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