The Daily Bulletin: 2021-02-04

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The Daily Bulletin: 2021-02-04

PUBLIC/HOUSE BILLS
H 4 (2021-2022) EXTEND ABC PERMIT RENEWAL FEE DEFERRAL. Filed Jan 27 2021, AN ACT TO EXTEND THE DELAY ON THE PAYMENT DEADLINE FOR CERTAIN ABC PERMIT RENEWALS AND TO DIRECT THE ABC COMMISSION TO REINSTATE OR REACTIVATE CERTAIN CANCELLED OR INACTIVATED ABC PERMITS.

House amendment amends the 2nd edition as follows. 

Modifies Section 3 of the act regarding refund requests for ABC permit fees, to explicitly allow ABC permittees who held a permit for 2020-21 for a business that was prohibited from operating under Executive Order No. 141, paid renewal or registration fees, and surrendered the permit due to closure of the business, to request a refund of fees paid pursuant to the act's provisions. Bars requiring such permittees to repay the fees.

Intro. by Moffitt, Boles, Bell, Paré.UNCODIFIED
H 54 (2021-2022) CRIMINAL INFORMATION NETWORK/REVISE FEE. Filed Feb 4 2021, AN ACT TO REVISE THE AMOUNT OF THE FEE THAT MAY BE IMPOSED BY THE STATE BUREAU OF INVESTIGATION ON USERS OF THE CRIMINAL INFORMATION NETWORK.

Amends GS 143B-905 by making the State Bureau of Investigation (SBI), rather than the Department of Public Safety, responsible for the Criminal Information Network. Further amends the statute's provisions by allowing the SBI to impose a monthly fee of up to $21 on each user within a participating agency of the Criminal Information Network; deletes the current provisions that charged monthly circuit fees and monthly device fees on agencies that accessed the Network. Applies to fees imposed on or after July 1, 2021.

Intro. by Stevens, McNeill.GS 143B
H 55 (2021-2022) JUDICIAL DISTRICT 19D - HOKE COUNTY. Filed Feb 4 2021, AN ACT TO ESTABLISH A RESIDENCY REQUIREMENT FOR ONE DISTRICT COURT JUDGE POSITION FOR HOKE COUNTY.

Amends GS 7A-133 by requiring that one of the four district court judges in district 19D (consisting of Hoke and Moore counties) be a resident of Hoke County while allowing the other three to be residents of either Hoke or Moore counties. Effective January 1, 2023, and requires elections held in 2022 to be conducted accordingly.

Intro. by Pierce.GS 7A
H 56 (2021-2022) RAISE JUDICIAL RETIREMENT AGE FROM 72 TO 75. Filed Feb 4 2021, AN ACT INCREASING THE MANDATORY RETIREMENT AGE FOR JUSTICES AND JUDGES OF THE GENERAL COURT OF JUSTICE AND FOR MAGISTRATES FROM AGE 72 TO AGE 75.

Amends GS 7A-4.20 to raise the mandatory retirement age for justices and judges from 72 to 75 years old, now requiring retirement on the last day of the month that the justice or judge attains 75 years of age. Makes language gender neutral. Makes technical and conforming changes to GS 135-57 regarding mandatory retirement of justices and judges who are members of the Teachers' and State Employees' Retirement System.

Amends GS 7A-170 concerning the office of magistrate and mandatory retirement for magistrates (which is the same as that of justices and judges provided in GS 7A-4.20) to make the language gender neutral. 

Intro. by McNeill, Hurley, Stevens, Faircloth.GS 7A, GS 135
H 57 (2021-2022) FUNDS/NEW HOKE CO. COURTHOUSE. Filed Feb 4 2021, AN ACT TO APPROPRIATE FUNDS TO ASSIST HOKE COUNTY WITH CONSTRUCTING A NEW COURTHOUSE.

Appropriates $5 million from the General Fund to Hoke County for 2021-22 to assist in the construction of a new courthouse. Effective July 1, 2021.

Intro. by Pierce.APPROP, Hoke
H 58 (2021-2022) HONOR DOUGLAS YONGUE, FORMER MEMBER. Filed Feb 4 2021, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF DOUGLAS YATES YONGUE, FORMER MEMBER OF THE GENERAL ASSEMBLY.

As title indicates.

Intro. by Pierce.JOINT RES
H 59 (2021-2022) FOOD COMMERCIALIZATION FUNDS. Filed Feb 4 2021, AN ACT TO APPROPRIATE FUNDS FOR THE EASTERN NORTH CAROLINA FOOD COMMERCIALIZATION CENTER.

Appropriates $1 million and $1.5 for 2021-22 and 2022-23, respectively, from the General Fund to the Department of Agriculture and Consumer Services to provide a grant to the Eastern NC Food Commercialization Center (Center) to provide matching funds for a federal construction grant and to provide working capital and equipment for the Center. Directs the Center to annually report to the specified NCGA committee and division on its use of the funds by April 1 until all funds are spent or have reverted. Requires unspent or unencumbered funds to revert to the General Fund after June 30, 2023. Effective July 1, 2021. 

Intro. by Humphrey, Farkas, K. Smith, K. Baker.APPROP

The Daily Bulletin: 2021-02-04

PUBLIC/SENATE BILLS
S 37 (2021-2022) IN-PERSON LEARNING CHOICE FOR FAMILIES. Filed Feb 1 2021, AN ACT TO PROVIDE ACCESS TO IN-PERSON LEARNING FOR STUDENTS IN GRADES KINDERGARTEN THROUGH TWELVE.

Senate amendment amends the 1st edition as follows.

Concerning the proposed mandate that all local school administrative units provide the option of in-person instruction to K-12 students of their unit for the remainder of the scheduled 2020-21 school year, now requires compliance with the Strong Schools NC Public Health Toolkit, as it existed on February 2, 2021, rather than December 4, 2020, for implementation of Plan A (Minimal Social Distancing) and Plan B (Moderate Social Distancing) as appropriate for reopening. Regarding the provision of in-person instruction under Plan A to all students enrolled in the respective school with an individualized education program or a federal section 504 plan, as defined, excepts from this reopening plan situations where in-person instruction is not permitted under that student's program or plan. Additionally, modifies the required components of in-person instruction to include meal service, rather than lunch service. 

Intro. by Ballard, Lee, Hise.UNCODIFIED
S 56 (2021-2022) TRYON PALACE - CAPITAL PROJECT. Filed Feb 4 2021, AN ACT TO AUTHORIZE A CAPITAL PROJECT USING NON-GENERAL FUND REVENUES TO BE CONSTRUCTED AT TRYON PALACE.

Authorizes the Department of Natural and Cultural Resources (Department) to use up to $600,000 for the construction of the new Garden Cottage capital project at Tryon Palace. Directs the Department to use Department receipts or other non-General Fund and non-State Capital Infrastructure Fund sources available to the Department. 

Intro. by Sanderson.UNCODIFIED
S 58 (2021-2022) DISAPPROVE DEER SECRETION RULES. Filed Feb 4 2021, AN ACT TO DISAPPROVE A RULE RELATED TO DEER SECRETIONS ADOPTED BY THE WILDLIFE MANAGEMENT COMMISSION.

Disapproves the amendment to 15A NCAC 10B .0201 (Prohibited Taking and Manner of Take) adopted by the NC Wildlife Resources Commission on February 25, 2020.

Intro. by Perry.UNCODIFIED
S 59 (2021-2022) RESTORE MASTER'S PAY FOR CERTAIN EDUCATORS. Filed Feb 4 2021, AN ACT TO REINSTATE EDUCATION-BASED SALARY SUPPLEMENTS FOR CERTAIN TEACHERS AND INSTRUCTIONAL SUPPORT PERSONNEL.
  1. Amends GS 115C-302.10, which governs education-based salary supplements for teachers and support personnel. Restricts those teachers and instructional support personnel who can be paid on the “M” salary schedule or receive a salary supplement for academic preparation at the six-year degree level or at the doctoral degree level for the 2021-22 school year (was, for the 2014-15 school year) and subsequently thereafter to: (1) certified school nurses and instructional support personnel in positions that require a master’s degree for licensure; (2) teachers and instructional support personnel who were paid on that salary schedule or received that salary supplement prior to the 2014-15 school year; (3) teachers and instructional support personnel who complete a degree at the master’s, six-year or doctoral level with at least one course completed prior to August 1, 2013, and who have qualified for the salary supplement under the specified State Board policy that was in effect on June 30, 2013; and (4) other teachers who spend at least 70% of their work time in classroom instruction related to their graduate preparation in their field or subject area within their area of licensure and the other 30% on one of the specified topics, with this class of teachers salary schedule and supplement determinations made on an annual basis. Now more broadly qualifies that the restrictions provided govern notwithstanding any other provision of law, rather than a specified Session Law provision. Excludes those with an advanced degree in school administration, unless qualified under the second or third described classes. Makes organizational changes.

Appropriates $6.8 million in recurring funds from the General Fund to the Department of Public Instruction for 2021-22 to provide the authorized salary supplements.

Effective July 1, 2021.

Intro. by Britt, Sawyer, Perry.APPROP, GS 115C
S 60 (2021-2022) DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES. Filed Feb 4 2021, AN ACT TO REVISE CERTAIN RULES RELATED TO SOLID WASTE MANAGEMENT FACILITIES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION.

Disapproves the following rules, which were adopted by the North Carolina Environmental Management Commission on July 9, 2020, and approved by the Rules Review Commission on October 15, 2020: 15A NCAC 13B .0535 (Application Requirements for C&DLF Facilities), 15A NCAC 13B .0545 (Assessment and Corrective Action Program for C&DLF Facilities and Units), 15A NCAC 13B .1603 (General Application and Requirements and Processing), 15A NCAC 13B .1617 (Application Requirements for MSWLF Facilities), and 15A NCAC 13B .1631 (Groundwater Monitoring Systems).

Intro. by B. Jackson.UNCODIFIED

The Daily Bulletin: 2021-02-04

The Daily Bulletin: 2021-02-04

LOCAL/SENATE BILLS
S 57 (2021-2022) 47TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 4 2021, AN ACT RELATING TO THE 47TH SENATORIAL DISTRICT.

Blank bill.

ACTIONS ON BILLS

Actions on Bills: 2021-02-04

PUBLIC BILLS

H 4: EXTEND ABC PERMIT RENEWAL FEE DEFERRAL.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 48: CONCEALED CARRY/EMERGENCY MEDICAL PERSONNEL.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

H 49: CONCEALED CARRY PERMIT LAPSE/REVISE LAW.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

H 52: EQUAL TAX TREATMENT OF GOV'T RETIREES.

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

H 53: EDUC. CHANGES FOR MILITARY-CONNECTED STUDENTS.

    House: Passed 1st Reading
    House: Ref to the Com on Homeland Security, Military, and Veterans Affairs, if favorable, Education - Universities, if favorable, Rules, Calendar, and Operations of the House

H 54: CRIMINAL INFORMATION NETWORK/REVISE FEE.

    House: Filed

H 55: JUDICIAL DISTRICT 19D - HOKE COUNTY.

    House: Filed

H 56: RAISE JUDICIAL RETIREMENT AGE FROM 72 TO 75.

    House: Filed

H 57: FUNDS/NEW HOKE CO. COURTHOUSE.

    House: Filed

H 58: HONOR DOUGLAS YONGUE, FORMER MEMBER.

    House: Filed

H 59: FOOD COMMERCIALIZATION FUNDS.

    House: Filed

S 31: POLITICAL SUBDIVISIONS/LOCAL BIDDERS NOTICE.

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

S 36: 2020 COVID RELIEF BILL MODIFICATIONS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 2/4/2021

S 37: IN-PERSON LEARNING CHOICE FOR FAMILIES.

    Senate: Amend Adopted A2
    Senate: Amend Failed A1
    Senate: Amend Tabled A3
    Senate: Amend Tabled A4
    Senate: Amend Tabled A5
    Senate: Passed 2nd Reading
    Senate: Placed On Cal For 02/09/2021

S 50: ESTATE PLANNING LAW CHANGES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 52: SEX OFFENDER RESIDENCE RESTRICTION/CLARIFY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 54: CONFIRM GOVERNOR'S APPTS/MINING COMMISSION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Select Committee on Nominations

S 55: CONFIRM REID WILSON/SEC. N & CR.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Select Committee on Nominations

S 56: TRYON PALACE - CAPITAL PROJECT.

    Senate: Filed

S 58: DISAPPROVE DEER SECRETION RULES.

    Senate: Filed

S 59: RESTORE MASTER'S PAY FOR CERTAIN EDUCATORS.

    Senate: Filed

S 60: DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES.

    Senate: Filed

Actions on Bills: 2021-02-04

LOCAL BILLS

H 50: CALYPSO ANNEXATION.

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

H 51: EASTERN COUNTIES/PUBLIC NOTICES.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 4, if favorable, Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

S 45: 22ND SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 46: 29TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 47: 34TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 48: 28TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 51: EVEN-YEAR ELECT CRAVEN LOCAL GOV'TS. (NEW)

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate

S 53: 50TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 57: 47TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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