House committee substitute to the 1st edition makes the following changes. Adds that the act applies to requests for waivers to allow additional water lines submitted on or before the date that the act becomes law.
The Daily Bulletin: 2021-03-09
Printer-friendly: Click to view
The Daily Bulletin: 2021-03-09
Intro. by Sasser, Moss. | UNCODIFIED |
House committee substitute amends the 1st edition as follows.
Modifies the proposed changes to GS 153A-145.5 and GS 160A-205.2, which creates a right of action for any person to seek an injunction for any violation of the statutes prohibiting sanctuary ordinances. Changes standing required to bring an action seeking injunction under the statutes to restrict standing to North Carolina residents who are either a US citizen or a lawfully admitted permanent resident.
Amends the proposed provisions regarding the award of attorneys' fees in injunctive actions under GS 160A-205.2 as amended (concerning cities) to prohibit assessing attorneys' fees against the governmental body or unit if the court finds the body or unit acted in reasonable reliance on a judgement or order entered in a case to which the body or unit is a party (previously more generally an applicable judgment or order). No longer prohibits assessing attorneys' fees against the body or unit for reasonable reliance on the published opinion of an appellate court, an order of the NC Business Court, or a final order of the Trial Division of the General Court of Justice.
Eliminates the proposed appropriations to the Department of Labor and the Office of State Budget and Management for education on the act's provisions.
House committee substitute amends the 1st edition as follows.
Modifies the new deduction for individual taxpayers under GS 105-153.5(5a), which allows a taxpayer to deduct the amount received from the federal government as retirement pay for a retired US Armed Forces member who has served at least 20 years. Adds that the deduction also applies to payments to a beneficiary of a retired member eligible under the new deduction. Eliminates the conforming changes to subsection (5).
Intro. by Szoka, Bradford, Bell, Wheatley. | GS 105 |
House committee substitute amends the 1st edition as follows.
Deletes the provisions of Section 2, which directed the State Treasurer to transfer from the Legislative Retirement System (LRS) to the Teachers' and State Employees' Benefit Trust (Benefit Trust) an amount equal to 0.34% of the reported compensation for the LRS for the period beginning January 1, 2020, and ending June 30, 2021. Makes conforming organizational changes.
Changes the appropriations provisions as follows. Appropriates $23,892 (was $21,358) in recurring funds and $11,946 (was $10,679) in nonrecurring funds from the General Fund to the NCGA for 2020-21 for the LRS death benefit under GS 120-4.27, as amended. Now requires the NCGA to make a $35,838 (was $32,037) contribution to the Benefit Trust by June 30, 2021, of the funds appropriated, for the LRS death benefit.
House committee substitute amends the 1st edition as follows.
Makes technical changes to a statutory cross-reference in proposed GS 90-30.2.
Adds a new section amending GS 90-233, which governs the practice of dental hygiene. Expands the conditions in which certain described dental hygienists meeting specified experience requirements can perform dental hygiene functions without a licensed dentist physically present, to include performing dental hygiene services in schools. Makes conforming changes to the act's long title.
Intro. by Lambeth. | GS 90 |
House committee substitute to the 1st edition makes the following changes.
Part I.
Specifies that the funds for the $350 bonus paid to teachers in a school for students with visual and hearing impairments do not supplant any existing compensation funds (was, local funds).
Further amends GS 115C-316(a)(2) to expand the provisions to permit salary payments in 12 installments for employees employed for 11 calendar months. Makes conforming changes.
Part IV.
Adds a new subsection to GS 115C-450 to prohibit a public school unit that provides school nutrition services from assessing indirect costs that are more than 8% of a school nutrition program's annual budget per fiscal year.
Part VIII.
Amends GS 115C-270.20 by deleting the changes that require that a professional educator who meets the requirement of the statute for a lifetime license as a professional educator be issued a lifetime license. Instead, amends the statute as follows. Deletes (a)(4), which sets out the requirements for a lifetime license (which specified that a teacher is determined to have completed the required 30 or more years of teaching when the teacher holds a current NC teaching license and has completed 30 or more years of creditable service with the Teachers' and State Employees' Retirement System). Enacts (d), which requires the State Board of Education to issue a lifetime license to an individual currently licensed as a professional educator who has met at least one of the following: (1) completed 30 or more years of creditable service with the Teachers' and State Employees' Retirement System or (2) completed a combined total of 30 or more years of employment as a licensed teacher, administrator, or student services personnel in one or more public school units in this state.
Part IX.
Amends the proposed changes to Article 6C, GS Chapter 115C, to include charter school students in the Education and Workforce Innovation and Career and Technical Education (CTE) Grade Expansion Program. Specifies that local administrative school units can use program grants for CTE programs at one or more schools in the unit.
Part X.
Adds the following. Amends GS 115C-12 to require the State Board of Education (Board) to adopt any rules, regulation, policies, standards, or statements of general applicability in accordance with GS Chapter 150B (Administrative Procedure Act); specifies that such provisions are only valid if they are adopted in substantial compliance with GS Chapter 150B.
Specifies that the current standards that make up the standard course of study, which are subject to rule making, are deemed permanent rules so long as: (1) the standards were adopted by the Board before January 1, 2021, and (2) the Board submits the standards to the Codifier of Rules in the specified format no later than 60 days after this section becomes effective. Provides that the permanent rules will be effective on the date that they are submitted to the Codifier. Makes any standards that do not meet these criteria subject to GS Chapter 150B. Requires the standard course of study to continue to be revised on the timeline provided in the comprehensive plan developed by the Board and in accordance with the rulemaking process in GS Chapter 150B. Requires the Codifier to publish notice of the permanent rules online when the Codifier enters the permanent rules into the NC Administrative Code.
Amends SL 2019-82 to make the requirements of SL 115C-81.45(d) (which required the Board to require high school instruction in civic and citizenship education through a full-credit course called Founding Principles of the United States of America and North Carolina: Civic Literacy and that encouraged inclusion of the specified components) applicable to students entering the 9th grade in the 2022-23 school year (was, the 2021-22 school year).
Amends the act's long title.
House committee substitute amends the 1st edition as follows.
Part I
Amends proposed GS 147-69.3(i3), which authorizes the State Treasurer to invest in Sudan and South Sudan to the extent allowed by the US Government. Replaces the proposed language to instead authorize the State Treasurer to invest in the countries of Sudan and South Sudan to the extent not prohibited by the US Government, or to the extent that such investment is part of an index or index replication strategy, a commingled fund, limited partnership, or similar investment vehicles, or a derivative instrument. Makes clarifying changes to GS 147-86.57.
Part II
Amends the proposed additions to GS 159-28 to require that when an automated financial computer system is used for a preaudit, that the finance officer certify to the Secretary of the Commission no later than 30 days after the start (was, the end) of the fiscal year that the system meets all of the necessary requirements.
Modifies the proposed additions to GS 159-181, which authorize the Local Government Commission to waive the annual independent audit requirement of GS 159-34(a) for any missing audit reports if the use of all grant funds and borrowed funds are documented to the satisfaction of the grantors and lenders. Now requires the Local Government Commission to consider recommending the revocation of the charter or the dissolution of the local government unit or public authority if the Commission waives the annual audit requirement (previously, required consideration of recommending the abolishment of the local government or public authority).
Makes organizational changes to move the provisions of previous Part IV, which authorize the Local Government Commission to impound the books and records and take other required actions with respect to the Towns of Eureka and Spencer Mountain, to Part II.
Adds a new section amending GS 115C-218.30 to specify that the audit requirements of charter schools are not subject to the Local Government Commission's authority, oversight, or review.
Makes further organizational changes.
House committee substitute amends the 1st edition as follows.
Amends proposed GS 39-51 to no longer explicitly deem material the fact that any portion of real property offered for conveyance or lease is included in a financially constrained transportation plan. Expands the statute, which specifies that the mere fact that any portion of real property is included in a comprehensive transportation plan that is not financially constrained and adopted under specified state or federal law regarding transportation planning, is not, standing alone, material. Now makes the provisions apply to offerings of real property for exchange, in addition to offerings for conveyance or lease, as well as any other real estate transaction (previously limited to offerings for conveyance or lease). Makes conforming changes.
House committee substitute to the 1st edition makes the following changes. Requires that the bus transportation provided for students on each of the plans be done in accordance with the specified requirements established in the StrongSchoolsNC Public Health Toolkit (K-12) issued on March 4, 2021 (was, issued on February 2, 2021).
Intro. by Pickett, Saine. | UNCODIFIED |
Includes whereas clauses. Appropriates $1.8 from the General Fund to the Department of Natural and Cultural Resources to be allocated to the Division of Historic Sites. Restricts use of the funds to the establishment and preservation of the east bank of the Shallow Ford of the Yadkin. Effective July 1, 2021.
Part I
Authorizes the UNC President to implement a temporary salary reduction for UNC employees to offset budget and revenue reductions at a constituent institution, defined to not be a reduction in connection with reassignment, demotion, or other disciplinary action of an employee. Allows for delegation to chancellors of constituent institutions. Requires the reductions to be implemented across-the-board to affect an entire constituent institution or its major subdivisions. Details four parameters for reductions, including that salary reductions cannot results in an annual salary of less than $45,000 or amount to more than 20% of an employee's annual base salary. Prohibits offsetting a reduction with paid leave when regularly scheduled hours are also reduced. Allows for chancellors to grant flexible leave to affected employees, as specified.
Requires the UNC President to quarterly report to the specified State officials and entities, and the specified NCGA division, on salary reductions. Specifies require content of the reports.
Sunsets the authorities granted on December 31, 2022.
Part II
Allows the UNC Board of Governors (BOG) to authorize the adoption of an early retirement incentive program to provide long-term cost-savings to UNC and improved operational efficiencies for UNC to remain in effect until December 31, 2022. Directs the UNC System Office to develop policies and regulations for the program, including four requirements provided, such as program eligibility criteria based on retirement plan and severance payment parameters. Requires the UNC System Office to report to the specified State department and NCGA division on implementation of the program, as specified, by October 1, 2021, and December 1, 2022, as applicable. Sunsets the provisions on December 31, 2022.
Part III
Enacts GS 116-14(b3) to authorize the UNC President to approve a reduction in force for positions subject to the Human Resources Act (HRA), including reorganization and payment of severance with non-State funds, without further approval by any other State agency, so long as reduction is in accordance with the policies of the Office of State Human Resources. Allows for delegation of the authority granted to chancellors of constituent institutions. Requires annual reporting to the Office of State Human Resources. Requires preapproval of severance payments with State funds by the Office of State Budget and Management.
Part IV
Allows UNC employees subject to the HRA to use accrued leave for any COVID-19 related absences. Excludes leave options related to terminal leave payouts, terminal use of leave prior to retirement, and unpaid time due to placement on a temporary emergency furlough. Sunsets December 31, 2021.
Part V
Authorizes the BOG to allocate non-State funds to pay for the employee portions of monthly premiums in the State Health Plan for Teachers and State Employees (SHP) that would have been paid if the participating employee is currently on an emergency furlough which places the employee below half-time employment for a calendar month. Caps BOG payment at 12 months for the period between June 1, 2020, and December 31, 2021. Bars requiring employees to reimburse UNC for any premiums paid under the section.
Part VI
Amends GS 116-30.3 to allow authorized budget codes that can carry forward a General Fund current operations appropriations credit balance remaining at the end of each fiscal year to use funds carried forward for one-time expenditures (was, limited to using up to 2.5% of the amount carried forward for projects eligible to receive funds under GS 143C-8-13(a), with one half of amounts over 2.5% required to be distributed to the UNC System Office to be disbursed to constituent institutions at BOG discretion, with the remaining amount retained in the budget code). Maintains other existing limitations and requirements for carryforward authority under the statute, including that expenditures cannot impose additional financial obligations on the State or be used to support positions.
Part VII
Amends Section 2.28 of SL 2020-3 (COVID-19 Recovery Act) to extend the waiver of interest accrued and charged to past-due student accounts at UNC constituent institutions held between March 13, 2020, and December 31, 2021 (was, September 15, 2020).
Intro. by Hardister, Hurley, Pickett, Terry. | UNCODIFIED, GS 116 |
Amends GS 143-64.12, requiring the energy consumption per gross square foot for all State buildings in total be reduced by 40% by 2027. Increases the frequency of reporting utility consumption and costs of each community college from biennially to annually. Removes the requirement for the Department of Administration to develop and conduct an energy audit and procedure for conducting energy audits every five years as part of the Facilities Condition and Assessment Program. Makes conforming changes to the management plans of State agencies and institutions. Makes conforming deletion of the Department of Administration's reporting requirement regarding energy audits.
Enacts GS 143-64.12A to require all state agencies and institutions of higher learning to ensure that lighting in unoccupied interior spaces and upward-directed flood lighting is turned off on the premises of all buildings owned or leased by the entities from midnight until 6:00 a.m., unless required for safety, emergency, or insurance purposes. Places compliance responsibility with the building manager or property manager of each premises.
Amends the definition of energy conservation measure as used in Part 2, Article 3B, GS Chapter 143 (Energy Saving Measures for Governmental Units) set out in GS 143-64.17. Now defines the term to mean a facility or meter alteration, training, or services related to the operation of the facility or meter, when the alteration, training, or services provide anticipated energy savings, generate revenue, or (previously did not include generating revenue). Now specifically includes proper building envelope and duct sealing of all applicable areas in the building in insulating the building structure and systems. Expands the term to include building analytics systems that allow for advanced software utilizing statistical modeling and machine learning, whether or not supervised, to establish data-driven benchmarks, predict future energy performance, and find additional energy saving opportunities. Amends the definition of energy savings as used in Part 2, to refer to "generated revenues" in addition to "captured lost revenues."
Amends GS 143-135.37 to now require every major facility construction project of a public agency to have the building designed and constructed so that the calculated energy consumption is at least 40% (was, 30%) less than the energy consumption for the same building as calculated using the specified energy-efficiency standard. Similarly increases the energy efficiency standard for major facility renovation projects of public agencies from at least 20% to at least 30% less than the energy consumption for the same renovated building as calculated using the specified energy efficiency standard. Increases the indoor potable water use standard for every major facility construction or renovation project of a public agency from at least 20% to at least 30% less than the same building as calculated using the specified fixture performance requirements. Applies to every major facility construction projects and every major facility renovation project of a public agency that has not entered the schematic design phase prior to the date the act becomes law.
Requires every State agency and State institution of higher learning to conduct a preliminary practicality and feasibility analysis of implementing energy conservation measures for all building greater than 20,000 square feet in size that have been in use for more than 10 years. Defines economic feasibility to mean the resulting energy savings will cover the cost of implementing the measures within 10 years. Requires the preliminary analysis be completed and a report submitted to the State Energy Office no later than October 1, 2022. Details the required findings that must be included following certain determinations. Requires implementation, as specified, of the measures if they are found to be practical and economically feasible, including issuing a request for proposal (RFP) no later than April 1, 2023, if the agency or institution decides to issue an RFP for a guaranteed energy savings contract for one or more buildings to achieve energy conservation measures. Requires each State agency and State institution of higher learning to repeat the described analysis process for all buildings greater than 10,000 square feet in size and that have been in use for more than 10 years no later than October 1, 2027, with RFPs issued for a guaranteed energy savings contract no later than April 1, 2028. Excludes any building for which a practicality and economic feasibility analysis of implementing energy conservation measures has been conducted within 3 years prior to the effective date of the act. Specifies that the provisions do not prohibit any State agency or State institution of higher learning from issuing any RFPs for a guaranteed energy savings contract.
Defines State institution of higher learning by statutory cross-reference.
Limits the scope of the act to State buildings managed by the Department of Administration pursuant to Article 36 of GS Chapter 143 and State institutions of higher learning.
Intro. by Szoka, Arp, Saine, Zenger. | GS 143 |
Appropriates $150,000 in nonrecurring funds from the General Fund to the Town of Huntersville for the 2021-22 fiscal year to be used as the title indicates. Provides that the Town is to provide a report to the Department of Environmental Quality and Department of Health and Human Services on a budget plan for these funds by July 1, 2021.
Effective July 1, 2021.
Intro. by Bradford. | APPROP, Mecklenburg |
Substantively identical to H 240, filed 3/8/21.
Amends GS 115C-390.1, which sets out the defined terms used in Article 27, which governs discipline in elementary and secondary education. Adds the defined term public school unit board (board), defining the term to mean the governing entity of a public school unit. Expands the Article to govern public school unit boards, rather than local boards of education. Makes conforming changes to the following defined terms: alternative education services; educational property; principal; school personnel; and superintendent. Makes conforming changes throughout the Article to reflect the change in the Article's scope to include public school unit boards.
Amends GS 115C-390.2(a), which requires the adoption of student conduct policies and establishing procedures for school officials to follow when disciplining students. Adds a new requirement for boards to consult with teachers, school-based administrators, parents, and local law enforcement agencies in adopting their policies and establishing their procedures. Additionally requires boards to review current federal guidance prior to adopting their policies. Makes the changes to subsection (a) applicable to material changes to policies existing on July 1, 2021, or new policies adopted on or after July 1, 2021.
Makes changes to the remainder of GS 115C-390.2 as follows. Requires each board to provide the Department of Public Instruction (DPI) with a copy of its most up-to-date student discipline by September 1. Eliminates existing language that includes examples of conduct that would not be deemed to be a serious violation, including the use of inappropriate or disrespectful language, noncompliance with a staff directive, dress code violations, and minor physical altercations that do not involve weapons or injury. Adds to the policies, procedures and rules each board must publish and make available to each student and his or her parent at the beginning of each school year and upon request, to include the full range of responses to violations of disciplinary rules, including responses that do not remove a student from the classroom or school building. Authorizes boards to require students and parents or guardians to sign an acknowledgement that they have received a copy of the policies, procedures, and rules. Specifies that neither the statute nor GS Chapter 115C regulates a board's discretion to devise, impose, and enforce personal appearance codes.
Applies beginning with the 2021-22 school year.
Intro. by Torbett. | GS 115C |
Requires the Department of Public Instruction (DPI) to study and propose a change to the formula for State funding for children with disabilities from the current model allocating funding based on required service levels to a model allocating funding based on severity of disability type. Allows contracting with an independent research organization. Requires DPI to examine the six specified topics, including the percentage of children with disabilities and the funding provided per child with a disability for each local school administrative unit, how other states provide funding for children with disabilities, and how to determine appropriate funding levels for each funding category proposed. Requires DPI to report to the specified NCGA committees and division by February 15, 2022, on the study and the proposed new formula for allocating funding for children with disabilities using a tiered model based on severity of disability type.
Appropriates $7,725,690 for 2021-22 from the General Fund to DPI to allocate funds for children with disabilities to local school administrative units for at least 13% of each local school administrative unit's 2021-22 allocated average daily membership in the local school administrative units. Effective July 1, 2021.
Amends GS 7A-133 by increasing the number of magistrates allotted to Mecklenburg County from 26.50 to 28.50.
Appropriates $137,078 in recurring funds for each year of the 2021-23 fiscal biennium and $6,056 for 2021-22 from the General Fund to the Administrative Office of the Courts to be used to hire two additional magistrates to serve in Mecklenburg County.
Effective July 1, 2021.
Intro. by Logan, Alexander, Bradford, Hunt. | APPROP, Mecklenburg, GS 7A |
Identical to S 207, filed 3/9/21.
Part I
Amends GS 7B-2513, which governs the commitment of delinquent juveniles to the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS). Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 16 years of age but less than 17 years of age, which currently limits commitment to until the juvenile's 19th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be first-degree murder, first-degree forcible rape, first-degree statutory rape, first-degree forcible sexual offense, or first-degree statutory sexual offense if committed by an adult. Requires commitment not to exceed the juvenile's 20th birthday if the juvenile has been committed for any other offense that would be a Class B1, B2, C, D, or E felony if committed by an adult. Requires commitment for a term not to exceed the juvenile's 19th birthday if the juvenile has been committed for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult. Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 17 years of age, which currently limits commitment to until the juvenile's 20th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult, or the juvenile's 20th birthday if the offense would not be a Class A, B1, B2, C, D, or E felony if committed by an adult. Makes conforming changes to GS 7B-1601 concerning jurisdiction over delinquent juveniles.
Amends GS 7B-1602 to extend the jurisdiction of the Division over delinquent juveniles committed for placement in a youth development center, continuing jurisdiction until the earlier of either termination by court order or (1) the juvenile reaches 20 years of age for juveniles committed for offenses committed while the juvenile was 16 but less than 17 years old that would be a Class B1, B2, C, D, or E felony if committed by an adult or (2) until the juvenile reaches 21 years of age for juveniles committed for offenses committed while the juvenile was at least 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult. Excludes from the new provisions offenses covered in existing subsection (a), which includes first-degree murder, rape, and sexual offenses. Makes conforming changes to existing extended jurisdiction provisions to make those provisions applicable to commitment for offenses committed under the age of 16.
Makes conforming changes to GS 7B-2514, concerning when the Division is required to release a juvenile under a plan of post-release supervision, based on the juvenile's birthday, age at the time of the offense, and the class of the offense if the offense were committed by an adult.
Makes conforming changes to GS 7B-2516, regarding commitment to the Division following revocation of post-release supervision, to reflect the maximum terms of commitment allowed pursuant to GS 7B-2513, as amended.
Amends GS 7B-2600 concerning the court's jurisdiction to modify any order or disposition made where the court finds the juvenile to be delinquent or undisciplined. Separates the court's authority for delinquency, replacing its authority with the following. Establishes that the court's jurisdiction to modify any order of disposition in a case where the court finds the juvenile to be delinquent continues until one of the following occurs: (1) the juvenile reaches the age of 18 for an offense committed prior to the age of 16; (2) the juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 but less than 17 years of age; (3) the juvenile reaches 20 years of age for an offense committed while the juvenile was at least 17 years of age; (4) the juvenile reaches the maximum term of commitment authorized in GS 7B-2513, as amended, if committed to the Division for placement in a youth development center; or (5) terminated by the court.
Part II
Amends GS 7B-2204 to allow a juvenile who has received an active sentence to be detained, pending transfer to the Division, in a holdover facility or detention facility approved by the Juvenile Justice Section (previously allowed detention in a holdover facility, and only detention facilities operated by the sheriff).
Part III
Amends GS 7B-2200.5(d), which requires remand of a juvenile matter transferred to superior court upon joint motion of the prosecutor and the juvenile's attorney. Adds a new requirement for the prosecutor to provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. Requires the superior court to expunge the superior court record at remand, and if the juvenile meets the criteria for secure custody of GS 7B-1903, authorizes the superior court to issue an order for secure custody upon the request of a prosecutor. Requires the prosecutor to provide copies of any secure custody order issued to the chief court counselor or his or her designee, as soon as possible and no more than 24 hours after the order is issued.
Amends GS 7A-271 and GS 7B-1902 to grant jurisdiction and authority for a superior court judge to issue a secure custody order pursuant to GS 7B-1903, as amended, when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to GS 7B-2200.5(d), as amended.
Amends GS 7B-1906 to enact a new subsection, (b2), to require a hearing on the need for continued secure custody to be held no more than 10 calendar days following the issuance of a secure custody order on remand of the matter from superior court pursuant to GS 7B-2200.5(d), as amended. Prohibits continuance or waiver of the hearing. Requires subsequent hearings to comply with the existing requirements of subdivision (b1). Grants the district court the authority to modify any secure custody order following the issuance of that order by the superior court.
Part IV
Further amends GS 7B-2200.5, which provides for mandatory transfer of jurisdiction of a juvenile who is at least 16 years of age to superior court for offenses that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult. Establishes a new subsection (a1), authorizing the prosecutor to decline to prosecute in superior court a matter that would otherwise be subject to mandatory transfer pursuant to the statute, if the juvenile has allegedly committed an offense that would be a Class E, F, or G felony if committed by an adult. Deems jurisdiction to remain in district court if the prosecutor declines to prosecute the matter in superior court following a probable cause hearing. Allows the prosecutor to choose to transfer the matter prior to adjudication.
Part V
Provides that the act applies to offenses committed on or after December 1, 2021.
Subject to voter approval at the general election in 2022, amends Section 30, Article I of the NC Constitution to grant the right to carry any legal weapon for self-defense, either openly or concealed, with or without a permit, to any US citizen who has not been indicted or convicted of a violation crime or possession or distribution of a controlled substance, and who has not been adjudicated mentally incompetent. Excludes carrying on public or private property that is legally posted against it. Requires a system of concealed carry permits to be maintained for reciprocity purposes with other States and for ease of purchasing. Explicitly prohibits law-abiding citizens from being required to obtain concealed carry permits to carry a concealed weapon. No longer specifies that the Section justifies the practice to carry concealed weapons or prevents the NCGA from enacting penal statutes against that practice. Effective upon certification by the State Board of Elections.
Intro. by Pittman, Kidwell. | CONST |
Appropriates $600,000 for 2021-22 from the General Fund to the Town of Pembroke to assist the Town with purchasing a new aerial ladder fire truck. Effective July 1, 2021.
The Daily Bulletin: 2021-03-09
House committee substitute amends the 2nd edition as follows.
Part II
Amends proposed GS 35A-1121, which allows superior court clerks to enter specified protective arrangements or other transactions for minors or incompetent persons without appointing a guardian. Modifies the language to authorize the clerks to order rather than enter a protective arrangement or other transaction pursuant to the statute. Adds to the authorized arrangements and transactions to additionally permit clerks to authorize a special fiduciary to execute any transaction, contract, or trust on behalf of the minor or incompetent person with regards to the authorized transactions necessary to meet the foreseeable needs, or tend to the property and business affairs of, the minor or incompetent person. Modifies the language to allow the clerk to appoint a temporary guardian, rather than a limited guardian, to assist in accomplishing any protective arrangement or transaction authorized under the statute. Adds a new subsection to specify that transactions by a special fiduciary or temporary guardian appointed pursuant to the statute are subject to the same procedural and reporting requirements that would otherwise apply to the sale, mortgage, exchange, lease, or gift of such property by a guardian of the estate or general guardian under the Chapter.
Senate committee substitute amends the 2nd edition as follows.
Modifies the proposed changes to Section 9A of SL 2015-245, as enacted by Section 2 of SL 2016-121, concerning the implementation of plans to transform the Medicaid and NC Health Choice Programs. Currently, Section 9A authorizes the Department of Health and Human Services (DHHS) to seek approval from the Centers for Medicare & Medicaid Services (CMS) through the demonstration waiver application pursuant to Section 1115 of the Social Security Act, or other waivers and State Plan amendments to implement the act, in order to allow parents to retain Medicaid eligibility while their child is being served temporarily by the foster care program. Amends the provisions to require DHHS to seek approval from CMS through the 1115 waiver required by the act, or another federal authority (was another 1115 waiver), to allow a parent (rather than parents) to retain Medicaid eligibility when three criteria are met, as follows. Requires the parent to have lost custody of the child under Subchapter I of GS Chapter 7B (Abuse, Neglect, Dependency). Requires that the child is being served temporarily by the foster care system, regardless of the type of out-of-home placement. Requires that the parent is making reasonable efforts to comply with a court-ordered plan of reunification, as determined by DHHS (the previous edition's criteria included that the parents are participating in, and making reasonable efforts to comply with, a court-ordered substance use disorder or other mental health disorder treatment program or counselling while their child is being served temporarily by the foster care program).
Makes similar changes to the proposed new category for Medicaid eligibility under GS 108A-54.3A. Now requires coverage for a parent who has qualified under the family eligibility categories and income levels of subdivisions (1) and (2) who meets four criteria as follows. Requires the parent to have lost custody of the child under Subchapter I of GS Chapter 7B. Requires that the child is temporarily in the legal custody of State-sponsored foster care or temporarily receiving foster care assistance under Title IV-E of the Social Security Act. Requires that the parent is making reasonable efforts to comply with a court-ordered plan of reunification, as determined by DHHS. Requires the parent to continue to meet the family income requirements of subdivisions (1) and (2) (the previous edition's criteria included that the parent be participating in a court-ordered substance use disorder or other mental health disorder treatment program or counselling and has one or more children that are temporarily in the legal custody of a State-sponsored foster care or temporarily receiving foster care assistance under Title IV-E of the Social Security Act).
Maintains the act's effective date provisions. Changes the act's long title.
Intro. by Britt, Burgin, Krawiec. | GS 108A |
Senate committee substitute amends the 1st edition as follows.
Deletes the proposed changes to GS 162-62 and instead makes the following changes to the statute. Requires the administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) to attempt to determine if any prisoner who is confined for any period in their facility and charged with a specified felony offense or crime is a legal resident (previously, limited to prisoners charged with a felony or an impaired driving offense). Offenses and crimes which trigger the duty include any felony under GS 90-95 (violations of the Controlled Substances Act), or Article 6 of GS Chapter 14 (concerning homicide), or a crime under Articles 7B (rape and other sex offenses), 8 (assaults), 10A (human trafficking), or 13A (criminal gangs) of GS Chapter 14. Requires the administrator to make a query to Immigration and Customs Enforcement (ICE) if the administrator is unable to determine that the prisoner is a legal resident or citizen (currently, qualifies the requirement with "where possible").
Now establishes three requirements that must be met when any person charged with a criminal offense is confined for any period in a facility and the administrator or equivalent has been notified that ICE has issued a detainer and administrative warrant that reasonably appears to be the person in custody. Requires the prisoner to be taken before a State judicial official prior to the prisoner's release, who must be provided with the detainer and administrative warrant, or copies thereof. Requires the judicial official to issue an order directing the prisoner to be held in custody if the prisoner appearing before the official is the same person subject to the detainer and administrative warrant. Requires release of the prisoner, unless continued custody is required by other legal process, upon the earlier of (1) 48 hours from receipt of the detainer and administrative warrant, (2) ICE takes custody of the prisoner, or (3) ICE rescinds the detainer. Provides full criminal and civil immunity for State and local law enforcement officers and agency acting pursuant to the statute.
Makes willful failure by the administrator or equivalent to make a query to ICE when required or willful failure to hold a prisoner for 48 hours when required to do so a Class 3 misdemeanor (a Class 1 misdemeanor in the previous edition).
Modifies the annual reporting requirements for facility administrators or equivalents to specify that the annual reports are to provide the previously specified content from the preceding July 1st to June 30th.
Eliminates the proposed changes to GS 15A-534, which required any direct or collateral circumstances that may increase the likelihood of the defendant failing to appear at a court proceeding or increase the difficulty in locating the defendant upon failure to appear at a court proceeding to be taken into account in determining conditions for pretrial release.
Changes the act's long title.
Intro. by Edwards, Sanderson, Britt. | GS 162 |
Senate amendment amends the 2nd edition as follows. Changes the effective date of the act from October 1, 2021, to July 1, 2021.
Senate committee substitute makes a technical change to Section 7 of the 1st edition.
Intro. by Newton, Galey. | GS 55 |
Enacts Article 9, Roofing Repair Contractors, to GS Chapter 75. Defines four terms. Excludes the following from the scope of the Article: licensed general contractors; persons engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material; persons working under the direct supervision of a roofing repair contractor who is hired either as an employee, day laborer, or contract laborer; and persons providing roofing-related services as a subcontractor under a licensed general contractor. Explicitly prohibits described conduct, including (1) advertising or promising payment of insurance deductibles as inducement to sales and services, (2) offering or providing upgraded work or products, granting allowances or discounts against charged fees, or payment as inducement, (3) offering or providing anything of value in exchange for permitting the display of advertisement, and (4) taking any of five specified acts concerning insurance claims in connection with roofing or exterior repair. Allows for the contractor to communicate with a consumer's insurer if the consumer gives permission and the contractor is not compensated for the communication. Prohibits adjusters and public adjusters from acting as a roofing repair contractor on the same project or claim. Prohibits beginning work before an insurance claim for roof repair or replacement has been approved or denied, unless the work is necessary to prevent further loss.
Establishes detailed requirements for a written contract for roofing repairs. Mandates that a consumer have the right to cancel a contract by giving written notice of cancellation to the contractor at the address provided in the contract within 72 hours after being notified by the insurer that the claim for loss was denied or within four business days after signing the contract, for any reason. Requires the contractor to tender payment to a consumer within 10 days of contract cancellation, less reasonable compensation for emergency services performed to prevent further damage that was acknowledged by the consumer in writing. Prohibits requiring more than 50% of payment prior to project completion. Requires written change orders signed by the consumer. Requires immediate written notification and disclosure by the contractor to the consumer for any cancellation of the contractor's workers' compensation coverage. Establishes seven disclosures repair estimates made in anticipation of the filing of an insurance claim for loss must include, including documentation to support damages claimed on the estimate and a detailed description and itemization of any emergency repairs already completed by the contractor. Deems all violations of the Article an unfair and deceptive trade practice under GS 75-1.1.
Effective 90 days after the date the act becomes law and applies to contracts for roofing repair entered into on or after date.
Intro. by Sawyer, Newton. | GS 75 |
Enacts GS 66-58.13 to require all State agencies to accept electronic signatures, electronic notary seals, and digital seals that accompany an electronic signature or notarization, with respect to any bonding requirement or bond issuance. Requires signatures and seals to comply with specified state law requirements regarding electronic signatures in government commerce and the Electronic Notary Act.
Authorizes public agencies to adopt an emergency rule to ensure the authenticity of any electronic signature, notarization, or seal authorized by the act if the adoption of a rule would otherwise be required under the Administrative Procedure Act, GS Chapter 150B.
Applies to any bonding requirement imposed or bond issuance authorized on or after October 1, 2021.
Intro. by Johnson, Sawyer. | GS 66 |
Part I
Amends GS 7B-2513, which governs the commitment of delinquent juveniles to the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS). Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 16 years of age but less than 17 years of age, which currently limits commitment to until the juvenile's 19th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be first-degree murder, first-degree forcible rape, first-degree statutory rape, first-degree forcible sexual offense, or first-degree statutory sexual offense if committed by an adult. Requires commitment not to exceed the juvenile's 20th birthday if the juvenile has been committed for any other offense that would be a Class B1, B2, C, D, or E felony if committed by an adult. Requires commitment for a term not to exceed the juvenile's 19th birthday if the juvenile has been committed for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult. Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 17 years of age, which currently limits commitment to until the juvenile's 20th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult, or the juvenile's 20th birthday if the offense would not be a Class A, B1, B2, C, D, or E felony if committed by an adult. Makes conforming changes to GS 7B-1601 concerning jurisdiction over delinquent juveniles.
Amends GS 7B-1602 to extend the jurisdiction of the Division over delinquent juveniles committed for placement in a youth development center, continuing jurisdiction until the earlier of either termination by court order or (1) the juvenile reaches 20 years of age for juveniles committed for offenses committed while the juvenile was 16 but less than 17 years old that would be a Class B1, B2, C, D, or E felony if committed by an adult or (2) until the juvenile reaches 21 years of age for juveniles committed for offenses committed while the juvenile was at least 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult. Excludes from the new provisions offenses covered in existing subsection (a), which includes first-degree murder, rape, and sexual offenses. Makes conforming changes to existing extended jurisdiction provisions to make those provisions applicable to commitment for offenses committed under the age of 16.
Makes conforming changes to GS 7B-2514, concerning when the Division is required to release a juvenile under a plan of post-release supervision, based on the juvenile's birthday, age at the time of the offense, and the class of the offense if the offense were committed by an adult.
Makes conforming changes to GS 7B-2516, regarding commitment to the Division following revocation of post-release supervision, to reflect the maximum terms of commitment allowed pursuant to GS 7B-2513, as amended.
Amends GS 7B-2600 concerning the court's jurisdiction to modify any order or disposition made where the court finds the juvenile to be delinquent or undisciplined. Separates the court's authority for delinquency, replacing its authority with the following. Establishes that the court's jurisdiction to modify any order of disposition in a case where the court finds the juvenile to be delinquent continues until one of the following occurs: (1) the juvenile reaches the age of 18 for an offense committed prior to the age of 16; (2) the juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 but less than 17 years of age; (3) the juvenile reaches 20 years of age for an offense committed while the juvenile was at least 17 years of age; (4) the juvenile reaches the maximum term of commitment authorized in GS 7B-2513, as amended, if committed to the Division for placement in a youth development center; or (5) terminated by the court.
Part II
Amends GS 7B-2204 to allow a juvenile who has received an active sentence to be detained, pending transfer to the Division, in a holdover facility or detention facility approved by the Juvenile Justice Section (previously allowed detention in a holdover facility, and only detention facilities operated by the sheriff).
Part III
Amends GS 7B-2200.5(d), which requires remand of a juvenile matter transferred to superior court upon joint motion of the prosecutor and the juvenile's attorney. Adds a new requirement for the prosecutor to provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. Requires the superior court to expunge the superior court record at remand, and if the juvenile meets the criteria for secure custody of GS 7B-1903, authorizes the superior court to issue an order for secure custody upon the request of a prosecutor. Requires the prosecutor to provide copies of any secure custody order issued to the chief court counselor or his or her designee, as soon as possible and no more than 24 hours after the order is issued.
Amends GS 7A-271 and GS 7B-1902 to grant jurisdiction and authority for a superior court judge to issue a secure custody order pursuant to GS 7B-1903, as amended, when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to GS 7B-2200.5(d), as amended.
Amends GS 7B-1906 to enact a new subsection, (b2), to require a hearing on the need for continued secure custody to be held no more than 10 calendar days following the issuance of a secure custody order on remand of the matter from superior court pursuant to GS 7B-2200.5(d), as amended. Prohibits continuance or waiver of the hearing. Requires subsequent hearings to comply with the existing requirements of subdivision (b1). Grants the district court the authority to modify any secure custody order following the issuance of that order by the superior court.
Part IV
Further amends GS 7B-2200.5, which provides for mandatory transfer of jurisdiction of a juvenile who is at least 16 years of age to superior court for offenses that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult. Establishes a new subsection (a1), authorizing the prosecutor to decline to prosecute in superior court a matter that would otherwise be subject to mandatory transfer pursuant to the statute, if the juvenile has allegedly committed an offense that would be a Class E, F, or G felony if committed by an adult. Deems jurisdiction to remain in district court if the prosecutor declines to prosecute the matter in superior court following a probable cause hearing. Allows the prosecutor to choose to transfer the matter prior to adjudication.
Part V
Provides that the act applies to offenses committed on or after December 1, 2021.
Makes technical changes to GS 74-24.2, which sets out the defined terms used in Article 2A, Mine Safety and Health Act. Repeals GS 74-24.6, which requires the Commissioner of Labor to establish an Advisory Council to assist the Commissioner in the development of safety and health standards for mines subject to the Article and to advise the Commissioner on matters relating to safety and health in such mines. Makes conforming changes throughout the Article.
Amends GS 95-111.3 to exclude from the term amusement device, as the term is used in Article 14B governing amusement devices, a locomotive, train, series of railroad cars, or other mechanical devices that operate on any US standard railroad gauge of four feet, eight and on-half inches.
Adds to the power and authorities of the Director of Occupational Safety and Health set out in GS 95-133, the authority to obtain medical records compiled and maintained by the Department of Health and Human Services (DHHS) by hospital participating in the statewide trauma system, or by emergency management service providers in connection with the dispatch, response, treatment, or transport of individual patients relating to investigations and enforcement proceedings under Article 16, the Occupational Safety and Health Act. Deems records obtained to be confidential and not public record.
Identical to H 217, filed 3/3/21.
Section 1
Amends GS 20-398 concerning the marking of vehicles transporting household goods to make the provisions applicable to attempts to operate. Adds that any law enforcement officer with territorial jurisdiction is authorized to enforce the statute.
Section 2
Amends GS 62-3 by amending the definitions used in GS Chapter 62 (Public Utilities) as follows. Provides that a certificate of public convenience and necessity can be issued to a person. Provides that public utility does not include a municipality, county, or a city, town, or village, or a special district, public authority, or unit of local government subject to the budget and fiscal control provisions of Subchapter III, Article 3, GS Chapter 159, among other entities excluded by existing language (previously excluded municipalities and authorities organized under the NC Water and Sewer Authorities Act). Adds that public utility does not include any person or company whose sole operation consists of selling sewer service to less than 15 residential customers, with an exception for those constructing a sewer system in a subdivision of the specified size. Also excludes from public utility the State, Department of Information Technology, or the Microelectronics Center of North Carolina in the provision or sharing of broadband telecommunications services (was, switched broadband telecommunications services) with non-state entities or organizations of the kind set out in GS 143B-1371 (was, in GS 143B-426.39).
Section 3
Amends GS 62-15 to require that the Utilities Commission public staff be hired (was, appointed) by the executive director. Amends the duties of the public staff to: (1) include petitioning to initiate proceeds to review and take appropriate actions with respect to the operations and management of public utilities, (2) delete investigating and making recommendations with respect to application for certificates by radio common carriers, and (3) add appearing before courts and agencies in matters affecting public utility service when deemed necessary by the executive director.
Section 4
Amends GS 62-60 by providing that only upon request must the Utilities Commission (Commission) give the Attorney General copies of all applications, petitions, pleadings, orders, and decisions filed with or entered by the Commission.
Section 5
Amends GS 62-34 by adding that the Public Staff has the right to examine confidential information in exercising any power or performing any duty authorized by GS Chapter 62. Prohibits the Public Staff from disclosing confidential information except as authorized by specified entities. Subjects any information not designated in writing as confidential to disclosure.
Section 6
Amends GS 62-39 concerning crossings of telephone, telegraph, electric power lines, and pipelines and rights-of-way of railroads and other utilities by another utility by no longer specifying that the statute does not limit the right and duty conferred by law with respect to railroads crossing railroads.
Section 7
Amends GS 62-49 to no longer require the biennial supplements to the publication of utility laws.
Section 8
Amends GS 62-74 to clarify that public utilities have the right to file a complaint against any other public utility or another person.
Section 9
Amends GS 62-79 to require that copies of final orders or decisions be served in the manner prescribed by the Commission (was, by registered or certified mail).
Section 10
Amends GS 62-81 by requiring that all cases or proceedings that are general rate cases or which will substantially affect any utility's overall level of earnings or rate of return, be set for trial or hearing by the Commission commence within 180 days (was, six months) of the institution or filing thereof. Deletes the required timing of the issuance of a final order. Requires a public utility applying for an increase in rates for sewer service to notify customers within the specified timeline and through the listed procedure. Authorizes the Commission to refer a proceeding to a panel of three commissioners, a hearing commissioner, or a hearing examiner for hearing in cases or proceedings filed with and pending before the Commission where either the total annual revenue requested or the total annual revenue increase requested is less than $2 million (was $300,000), even though all or a substantial portion of the rate structure is being initially established or is under review. Updates statutory references. No longer sets out the requirements for determining applications for permission to adjust utility rates and charges based only on the cost of fuel used in the generation or production of electric power. Makes conforming changes.
Section 11
Amends GS 62-82, governing application for a certificate for construction of a facility for the generation of electricity. Requires the Commission to furnish a transcript of evidence and testimony submitted to the Commission at a hearing on an application following complaint by the end of the second business day after the taking of each day of testimony, only upon request of the applicant (currently, a general requirement that does not require request by the applicant). Eliminates the existing exemption of applicants for a certificate for solar photovoltaic facilities of 10 kilowatts or less from the requirement to publish notice in newspapers.
Section 12
Amends GS 62-110.1 to require that the Commission confer and consult with the specified entities when developing a long-range need for facility expansion analysis only as the Commission deems necessary. Adds the Public Staff and intervenors to those that may attend any formal conference on developing a plan for the future requirements of electricity in the state or region. Modifies the existing requirement for the Commission to conduct one or more public hearings in the course of making the analysis of and developing a long-range need for facility expansion, to now require the Commission to conduct a public hearing on the plan in the year a biennial integrated resource plan is filed, and permit the Commission to conduct a public hearing on the plan in a year that an annual update of an integrated resource plan is filed.
Section 13
Amends GS 62-111 by clarifying that a person may not obtain a franchise or certificate for the purpose of transferring the same to another and that an offer of such transfer within one year after the same was obtained, prima facie evidence that such franchise or certificate was obtained for the purpose of sale.
Section 14
Repeals GS 62-130(c), which allowed the Commission to make, require, or approve, after public hearing, for intrastate shipments what are known as milling-in-transit, processing-in-transit, or warehousing-in-transit rates on grain, lumber to be dressed, cotton, peanuts, tobacco, or such other commodities as the Commission may designate.
Section 15
Amends GS 62-133.4 regarding gas cost adjustment for natural gas local distribution companies to authorize the Commission to order a utility to make an appropriate adjustment or no adjustment to its rates, consistent with public interest, if the Commission finds an overrecovery or deficiency of its prudently incurred costs has been or is likely to be substantially reduced, negated, or reversed before or during a period in which it would be credited or recovered.
Section 16
Repeals GS 62-133.8(j), which requires annual reporting by the Commission regarding Renewable Energy and Energy Efficiency Portfolio Standard (REPS) requirements.
Section 17
Repeals GS 62-133.10, which requires the Commission to permit an electric public utility that purchases or constructs a carbon offset facility to adjust its fuel and fuel-related costs to retain the North Carolina retail allocation of the system fuel and fuel-related cost savings resulting from the purchase or construction of the facility, not to exceed the annual revenue requirement associated with the allocated North Carolina retail portion of the facility.
Section 18
Amends GS 62-140 by deleting outdated language.
Section 19
Amends GS 62-280.1 to make it a Class 3 misdemeanor to knowingly aid and abet another person in taking the specified actions to falsely represent a household goods carrier certificate. Gives any law enforcement officer with territorial jurisdiction authority to enforce the statute.
Section 20
Enacts GS 62-352 to require senior resident superior court judges to provide suitable facilities for Commission hearings, including security upon request. Provides for prompt reimbursement by the Commission.
Section 21
Amends GS 143-166.13 by no longer making Utilities Commission Transportation Inspectors and Special Investigators subject to the Criminal Justice Training and Standards.
Section 22
Amends GS 143B-963 to allow the Utilities Commission to provide the information obtained under subsection (a) of the statute (concerning the criminal history of any applicant for or current holder of a certificate to transport household goods) to the Public Staff for use in proceedings before the Commission and requires the Public Staff to keep that information confidential.
Section 23
Repeals GS 156-91(b), which addresses when the superintendent of construction and the railroad company are not able to agree as to the exact time at which such work can be done, leading to an investigation and determination by the Commission.
Section 24
Authorizes the Revisor of Statutes to substitute "Public Staff" for "public staff" wherever the term appears in GS Chapter 62.
Section 25
Authorizes the Revisor of Statutes to substitute "rate-making" for "rate making" wherever the term appears in GS Chapter 62.
Section 26
Amends GS 62-300 to increase from $25 to $250 the application fee for a person (other than Class A, B, C, or D utilities) seeking a certificate of public convenience and necessity, effective July 1, 2021.
Section 27
Enacts GS 62-110(j) to authorize the Commission to allow a lessor of a multi-unit apartment building, with approval of the Commission, to use a master meter to charge each tenant for the electricity or natural gas used by a central system on each tenant's metered or measured share. Provides for additional provisions of the statute that apply to electricity used by a central system and natural gas used by a central system. Makes conforming changes to GS 42-42.1, and amends the statute to prohibit a landlord from terminating a lessee's receipt of the benefits of the use of a central system due to the lessee's nonpayment of the amount due for electric service, water or sewer services, or natural gas service. Makes conforming changes to GS 143-151.42 concerning the prohibition of master meters for electric and natural gas service, and amends the statute to exempt from the statute's provisions a multi-unit residential building or building complex where natural gas service delivered to a master meter for use by the occupants of the units is limited to cooking, ventless fireplaces, or other ancillary purposes. Effective October 1, 2021.
Amends GS 58-33-30 to remove the authority of the Commissioner of Insurance to contract for the processing of applications and the administration and grading of examinations, and for the production of examination preparatory materials relating to, the licensing of insurance agents and adjusters. Makes conforming deletions. Similarly removes the authority of the Commissioner of Insurance to contract for the processing of applications and the administration and grading of examinations for bail bondsman and runners under GS 58-71-70, and for pyrotechnic display operators, proximate audience display operators, and assistant display operators under GS 58-82A-30. Effective October 1, 2021.
Intro. by Johnson, Burgin, Sawyer. | GS 58 |
Identical to H 219, filed 3/3/21.
Enacts GS 62-133.1B, authorizing the Utilities Commission (Commission) to approve a water or sewer facility's Water and Sewer Investment Plan (Plan) upon application by the facility in a general rate proceeding if the Commission finds the plan results in rates that are just and reasonable and are in the public interest. Defines Plan to mean a plan under which the Commission sets water or sewer base rates, revenue requirements through banding authorized returns, and authorizes annual rate changes for a three-year period based on reasonable known or measurable capital investments and anticipated reasonable and prudent expenses approved under the plan without need for a base rate proceeding during the plan period. Requires a facility's filed Plan to include performance-based metrics that benefit customers and ensure the provision of safe, reliable, and cost-effective service. Details required considerations of the Commission in reviewing a Plan application, and authorizes the Commission to impose any conditions in the implementation of the Plan as specified.
Prohibits any rate adjustment allowed under an approved Plan from exceeding 5% of the utility's North Carolina retail jurisdictional gross revenues for the preceding plan year for years two and three of the plan. Provides for petitioning the Commission to consider the addition of unplanned emergency capital investments during a plan term.
Requires rate adjustment mechanisms authorized under GS 62-133.12 (concerning investments) and GS 62-133.12A (concerning usage tracking) to be discontinued during the term of any Plan, though allows for filing for an adjustment under GS 62-133.12 to become effective after the Plan term.
Provides for the Commission's ruling on a Plan after proper notice and hearing and effectiveness of the Plan. Authorizes the Commission to modify or terminate an approved Plan after an opportunity for hearing at any time for good cause shown.
Requires the Commission to establish banding of authorized returns, as defined, on equity for approved Plans, with a utility required to refund or credit earnings, or permitted to file a general rate case, based on the range established.
Requires the Commission to annually review a utility's earnings as provided.
Directs the Commission to adopt implementing rules, including rules to establish filing procedures, annual reporting and review, and development of bandings of authorized returns. Requires adoption no later than 120 days after the date the act becomes law.
Makes the above provisions applicable to any rate-making mechanisms, designs, plans, or settlements filed by a water or sewer utility on or after the date that the Commission's implementing rules become effective.
Makes conforming changes to GS 62-133.1.
Amends GS 62-133.12, which governs the approval of rate adjustment mechanisms based on a utility's investment in eligible water and sewer system improvements. Modifies the definition given for the term eligible water system improvements to include hydro tanks and pumping equipment installed as replacements; equipment and infrastructure installed at the Commission's direction to comply with federal, State, or local health or environmental standards; and unreimbursed costs of relocating facilities due to roadway, rather than highway, costs. Modifies the definition given for the term eligible sewer system improvements to include unreimbursed costs of relocating facilities due to roadway, rather than highway construction or relocation, costs; and replacement or improvement of force mains, gravity mains, service lines, pumps, motors, blowers, and other electrical or mechanical equipment (was pumps, motors, blowers, and other mechanical equipment installed as replacements for customers); no longer includes improvements necessary to reduce inflow and infiltration to the collection system to comply with applicable State and federal law and regulations. Increases the cap for cumulative system improvement charges for a utility under a rate adjustment mechanism approved under the statute from 5% to 7.5%. Adds that unreimbursed costs of relocating facilities due to roadway projects are exempt from the cap. Now requires accumulated depreciation for eligible water or sewer system improvements to be updated in each filing submitted by a utility within the same docket.
Intro. by Newton. | GS 62 |
Changes the criteria to qualify as an eligible private postsecondary institution under GS 116-280(3) for purposes of Article 34, which provides for need-based scholarships for students attending private postsecondary institutions of higher education. Regarding the accreditation criteria for qualification of a nonprofit postsecondary institution with a main permanent campus in the State that is not owned or operated by the State or its agencies or subdivisions, now requires that the school be either (1) accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) or by the New England Association of Schools and Colleges through its Commission of Higher Education, or (2) accredited by SACSCOC on January 1, 2021, and beginning January 1, 2021, a member of the Transnational Association of Christian Colleges and Schools (currently only provides for accreditation by the Southern Association of Colleges and Schools under the standards of the College Delegate Assembly of the Association or by the New England Association of Schools and Colleges through its Commission on Institutions of Higher Education). Applies beginning with scholarships awarded for the 2021-22 academic year.
Intro. by Robinson, Davis. | GS 116 |
Identical to H 151, filed 2/24/21.
Amends GS 20-141.4 to require any intermediate punishment issued for a conviction of felony death by vehicle to include special probation with a continuous period of confinement of at least one-fourth of the maximum sentence of imprisonment imposed for the offense. Allows the continuous period of confinement to be for up to 27 months.
Amends GS 75A-10.3 to require any intermediate punishment issued for a conviction of felony death by impaired boating to include special probation with a continuous period of confinement of at least one-fourth of the maximum sentence of imprisonment imposed for the offense. Allows the continuous period of confinement to be for up to 27 months.
Applies to offenses committed on or after December 1, 2021.
Identical to H 215, filed 3/3/21.
Appropriates $1 million from the General Fund as a grant-in-aid to Guilford County for each fiscal year from 2021-22 through 2026-27. Restricts use to supporting the building, testing, and improving of an integrated data system technology for the purpose of providing empirical data for decision-making and in furtherance of securing funding for future phases with the Duke Empowerment and Blue Meridian Partners for the Get Ready Guilford Initiative.
Appropriates $808,000 from the General Fund to Ready for School, Ready for Life (Organization), a nonprofit, for 2021-22 to establish a three-year pilot program for improving the quality of care and education for infants, toddlers, and preschool-age children in Guilford County. Requires the Organization to implement the pilot in eight early care and education centers in the County. Details required standards as developed by UNC-G and collaboration with UNC-G in pilot implementation and participant selection. Requires the Organization to annually report to the specified NCGA committee by December 31 of each year the pilot is in effect, as specified.
Effective July 1, 2021.
Repeals Section 9.1(d) of SL 2014-100, which established that annual longevity payments for educators are built into their salary schedules.
Sets the rates for annual longevity payments for teachers and instructional support personnel for 2021-22 at: 1.5% of base salary for 10-14 years of State service; 2.25% of base salary for 15-19 years of State service; 3.25% for 20-24 years of State service; and 4.5% for base salary for 25 or more years of State service. Requires payment in one lump sum.
Requires that longevity payments for principals and assistant principals be provided to State employees under the Human Resources Act for 2021-22.
Appropriates $140,300,000 from the General Fund to the Department of Public Instruction for 2021-22 to restore longevity payments pursuant to the act.
Effective July 1, 2021.
Intro. by Waddell. | APPROP, UNCODIFIED |
Amends the education, experience and testing requirements of GS 89C-13(b) concerning licensure requirements for professional land surveyors. Now requires satisfaction of one of the following combinations of education and experience: (1) a bachelor of science degree in surveying or other equivalent approved curricula and two or more years of practical experience under a practicing professional land surveyor, having passed the Fundamentals of Surveying exam, having passed any additional oral and written exams required by the State Board of Engineers and Surveyors (Board), and applying for and passing the Principles and practices of Land Surveying exam; (2) an associate degree in surveying technology and five (was, four) years or more of progressive practical experience under a practicing licensed land surveyor, having passed the Fundamentals of Surveying exam, having passed any additional oral and written exams required by the Board, and applying for and passing the Principles and Practices of Land Surveying exam; (3) graduation from high school or the equivalent and nine (was, seven) years or more of progressive practical experience under a practicing professional land surveyor, having passed the Fundamentals of Surveying exam, having passed any additional oral and written exams required by the Board, and applying for and passing the Principles and Practices of Land Surveying exam. Eliminates all other existing requirements and limitations in regards to education, experience and testing requirements for licensing of professional land surveyors.
Amends GS 89C-10 to specify that investigations of the Board are no longer confidential upon the Board approving any action authorized by the Chapter against a nonlicensee.
Amends GS 89C-11 to no longer require signed warrants for certified expenditures by the Board in the discharge of its duties.
Amends GS 89C-17 to allow notices of license or certificate expiration to be sent by mail or email (was, only by mail).
Amends GS 89C-22 to require disciplinary charges against a licensee to be in writing or submitted electronically and filed with the Board (previously, required to be in writing and sworn to by the person making the statement).
Applies to applications for licensure on or after October 1, 2021.
Intro. by McInnis. | GS 89C |
Allows for any student in grade 12 for the 2020-21 school year who has not satisfied the requirement for completion of CPR instruction to be eligible for graduation if CPR instruction cannot be completed due to the COVID-19 emergency and the student is eligible to graduate in all other respects as determined by the student’s principal.
Intro. by Ballard, Lee, Hise. | UNCODIFIED |
The Daily Bulletin: 2021-03-09
House committee substitute to the 2nd edition makes the following changes. Makes technical changes to the proposed additional exclusions in GS 160A-58.1 to include Kings Mountains and Shelby in the alphabetical list of cities excluded, rather than the alphabetical list of towns.
House committee substitute makes the following changes to the 1st edition. Deletes five of the whereas clauses. Amends the scope of the act so that: (1) it is no longer applicable to Asheboro City Schools and Randolph County Schools; (2) it is now also applicable to Beaufort County Schools, Brunswick County Schools, Burke County Schools, Cleveland County Schools, Craven County Schools, Granville County Schools, Jones County Schools, Madison County Schools, McDowell County Schools, Mitchell County Schools, and Onslow County Schools. Adds that the in-person instruction to K-12 students is to be full-time and for five days a week. Deletes the provisions that specified instruction had to be under Plan A and required implementation of the plan according to the StrongSchoolsNC Public Health Toolkit (K-12) and that encouraged specified social distancing. Deletes the provision that gave local boards flexibility in making day-to-day decisions regarding shifting individual schools or classrooms from in-person instruction to remote instruction due to COVID-19 exposures resulting in insufficient school personnel or required student quarantines; makes conforming deletions. Makes conforming changes to the act's long title.
Amends Section 5 of SL 1973-876, as amended, to replace the elections provisions for the election of the Lincoln County Board of Education (Board) as follows. Provides for partisan election (currently nonpartisan) beginning at the general election in 2022, with election in each even-numbered year thereafter as terms expire in the same manner as other county officers. Provides for staggered terms, with the election of three members to serve four-year terms in 2022 and quadrennially thereafter, and the election of four members to serve four-year terms in 2024, and quadrennially thereafter. Requires members to serve until a successor has been elected and qualified. Provides for appointment by the Board to fill vacancies determined by the basis of election, with members elected on a partisan basis to be filled by appointment of the remaining members in accordance with GS 115C-37.1. No longer includes residency criteria for members based on township.
Provides a savings clause for members elected in 2018 or 2020, and requires those members and anyone appointed to fill an unexpired term of those members, to serve until a successor has been elected and qualified.
Amends GS 115C-37.1(d), effective on the first Monday of December of 2022, to include Lincoln County in the scope of the statute which governs vacancies in offices of county boards elected on a partisan basis.
Intro. by Saine. | Lincoln |
Amends the Spring Lake Town Charter, SL 1977-742, as amended, as follows. Removes provisions related to the appointment of a town finance officer and a town tax collector. Amends the provision related to the consolidation of functions to specify that the board of aldermen may consolidate any two or more positions subject to the provisions of the State's laws and regulations.
Intro. by Lucas, Richardson, Szoka, Wheatley. | UNCODIFIED, Cumberland |
Identical to S 145, filed 2/24/21.
Authorizes the City of Winston-Salem to convey city-owned real property for the purpose of increasing the supply of affordable housing for low- and moderate-income persons, excluding property acquired through eminent domain. Allows use restrictions on the conveying deed consistent with the stated purpose for a specified period, with reversion to the city if the property ceases to be used for the stated purpose. Requires an authorizing resolution to be adopted by the governing board at a regular or special meeting prior to conveyance, with ten days' notice of the adopted resolution posted on the City's website prior to execution.
Intro. by Terry. | Forsyth |
Amends Section 2(a) of SL 2006-167, as amended, by amending the membership of the Burgaw Tourism Development Authority to set the minimum number of members required to be affiliated with businesses that collect the tax in the town and at one if the membership of the Authority is five members or less and sets it at at least one-third of the members otherwise (was, at least one-third of the members, no matter how many members there were).
Intro. by C. Smith. | UNCODIFIED, Pender |
The Daily Bulletin: 2021-03-09
Senate committee substitute to the 1st edition makes the following changes. Further amends GS 160A-58.1 to also exclude Belville from the satellite annexation cap.
Adds a section removing the described property from Surf City's corporate limits. Specifies that this has no effect on the validity of any liens of Surf City for ad valorem taxes or special assessments outstanding before the effective date of this section. Allows those liens to be collected or foreclosed upon after the effective date of this section as though the property were still within the Surf City corporate limits. Effective June 30, 2021. Specifies that property in the described territory as of January 1, 2021, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2021.
Makes conforming changes to the act's titles.
Identical to H 231, filed 3/4/21.
Section 1
Allows the Durham Public School Board of Education (Board) to enter into contracts to construct, provide, or maintain affordable rental housing on property owned by the Board or by Durham County.
Section 2
Authorizes the Board to enter into residential housing unit lease agreements for housing units it owns. The Board must restrict the rental of such units exclusively to Durham Public Schools teachers and employees. The Board may establish reasonable rents for housing units and may charge below-market rates.
Section 3
This act does not exempt any housing units constructed or maintained by the Board from compliance with applicable building codes, zoning ordinances, or any other health and safety statutes, rules, or regulations.
Intro. by Woodard, Murdock. | Durham |
Amends the Durham City Charter, Chapter VII of SL 1975-671, by adding a new provision in Sec. 74 that allows Durham to condemn or acquire property in fee or appropriate easements that are necessary to provide transportation project rights-of-way for the relocation of utilities when required for city transportation projects. Also gives Durham authority to acquire rights-of-way necessary for the present or future placement of utilities.
Intro. by Woodard, Murdock. | Durham |
Applicable to Guilford County only, requires a .25% local sales and use tax levied pursuant to GS 105-537 to be approved in a referendum. Amends GS 105-538 to restrict use of the net proceeds of the .25% sales and use tax levied to any public purpose or public school capital outlay purposes; provides ballot language for each use. Requires that the county maintain at least the same amount of public school capital outlay funding as in the fiscal year prior to the fiscal year in which voters approve using the local sales and use tax for public school capital outlay purposes, as defined. Makes conforming changes.
Intro. by Robinson, Garrett. | Guilford |
This act applies to Greensboro only.
Allows Greensboro to provide health insurance for all former city council members who have obtained at least eight years of service prior to separation from the city and who are not receiving benefits under GS 160A-163(a) (the Local Governmental Employees' Retirement System, the Law-Enforcement Officers' Benefit and Relief Fund, the Firemen's Pension Fund, or a certified retirement plan).
Prohibits providing health insurance through the State Health Plan to all or any class of former officers, employees, or council members who are not receiving retirement benefits under GS 160A-163(a). Allows Greensboro to may provide health insurance to those former officers, employees, and city council members by any means authorized under Article 7 of GS Chapter 160A except for coverage under the State Health Plan.
Effective July 1, 2021.
Intro. by Robinson, Garrett. | UNCODIFIED, Guilford |
Expands GS 132-1.4A, applicable to the City of Greensboro only, to authorize a custodial law enforcement agency to disclose or release a law enforcement agency recording to a citizen review board for review of complaints, or to a city or town council in closed session and upon the recommendation of the city or town manager and majority vote of the city or town council. Defines citizen review board to mean a board or commission legally designed by a city council to review police matters or complaints against a police agency and individual officers.
Intro. by Robinson, Garrett. | Guilford |
Actions on Bills: 2021-03-09
H 20: 1998 CLEAN WATER BOND ADD'L CONNECTIONS.
H 48: CONCEALED CARRY/EMERGENCY MEDICAL PERSONNEL.
H 49: CONCEALED CARRY PERMIT LAPSE/REVISE LAW.
H 53: EDUC. CHANGES FOR MILITARY-CONNECTED STUDENTS.
H 62: GOV. IMMIGRATION COMPLIANCE/ENJOIN ORDINANCES.
H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)
H 86: INCREASE IN-SERVICE DEATH BENEFITS/LRS.
H 89: SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH.
H 95: WHOLESALE RX DISTRIBUTION LICENSEE CHANGE. (NEW)
H 134: 2ND AMENDMENT PROTECTION ACT.
H 136: ENCOURAGE HEALTHY NC FOOD IN SCHOOLS.
H 144: MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW)
H 159: EDUCATION LAW CHANGES. (NEW)
H 163: TREASURY ADMINISTRATIVE CHANGES.-AB
H 172: TERM LIMITS FOR CONGRESS.
H 180: DESIGNATE OVERDOSE AWARENESS DAY.
H 184: SUPPORT PRIVATE PROPERTY RIGHTS.
H 193: EXEMPT PROPERTY FROM BOONE UDO. (NEW)
H 233: APPLICATION FOR A CONVENTION OF THE STATES.
H 234: ASSAULT LEO/REQUIRE DESTRUCTION OF FIREARM.
H 235: EVIDENCE/DIST. CT SPEEDY TRIALS.
H 237: FUND NEW ROSEWOOD MIDDLE SCHOOL BUILDING.
H 238: PROHIBIT POSSESSION OF SKIMMING DEVICE.
H 240: CRIMINAL BACKGROUND CHECKS/SCHOOLS. (NEW)
H 241: FUND NBPTS CERTIFICATION FEE/PILOT.
H 242: FUNDS TO ACQUIRE SHALLOW FORD OF THE YADKIN.
H 243: BUDGET TECHNICAL CORRECTIONS (NEW).
H 245: EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.
H 246: HUNTERSVILLE OCULAR MELANOMA STUDY.
H 247: STANDARDS OF STUDENT CONDUCT.
H 249: CHILDREN WITH DISABILITIES FUNDING FORMULA.
H 251: ADDITIONAL MAGISTRATES TO MECKLENBURG COUNTY.
H 252: BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW)
H 254: CONST. AMEND./CONCEALED CARRY.
H 255: FUNDS/NEW PEMBROKE LADDER FIRE TRUCK.
S 50: ESTATE PLANNING LAW CHANGES.
S 56: TRYON PALACE - CAPITAL PROJECT.
S 90: SOCIAL SERVICES REFORM/CWBTC RECS.
S 93: ASSISTING NC FAMILIES IN CRISIS.
S 101: REQUIRE COOPERATION WITH ICE 2.0.
S 113: MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.
S 114: DES COVID MODIFICATIONS AND TECHNICAL CHANGES.
S 126: CLEAN UP OBSOLETE BOARDS.
S 135: IMPROVE ANATOMICAL GIFT DONATION PROCESS.
S 138: FUNERAL DIR. EXAM/DEATH CERTS. (NEW)
S 159: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB
S 160: ENHANCE SHP DEBT COLLECTION ABILITIES.-AB
S 173: FREE THE SMILES ACT. (NEW)
S 174: STATE HEALTH PLAN DATA TRANSPARENCY.-AB
S 184: PROSTATE CANCER OUTREACH & SCREENING/FUNDS.
S 185: FUNDS BAILEY SEWER IMPROVEMENTS.
S 188: BD. OF ARCHITECTS/INTERIOR DESIGNERS.
S 191: THE NO PATIENT LEFT ALONE ACT.
S 195: DESIGNATE OFFICIAL STATE SPIDER.
S 196: GSC SALE OF PROPERTY AMEND/DELAY PROSEC SPLIT. (NEW)
S 197: GSC TRUSTS & ESTATES AMENDMENTS.
S 198: GSC GOOD FUNDS SETTLEMENT/COMM. RECEIVERSHIP.
S 199: FREEDOM FROM ABUSE.
S 200: CPS INTAKE SCREENING/PED STUDY.
S 201: VAR. MOTOR VEH. AND TRANSPORT. LAW CHANGES. (NEW).
S 202: NO LAPSE, NO PROBLEM.
S 205: CONSUMER PROTECTION - STORM CHASERS.
S 206: ELECTRONIC MODERNIZATION FOR BONDING.
S 207: VARIOUS RAISE THE AGE CHANGES/JJAC RECS.
S 208: LABOR LAW CHANGES.
S 209: UTILITIES COMM'N TECH. AND ADD'L CHANGES.
S 210: PROHIBIT CONTRACTED INSURANCE LICENSE TESTING.
S 211: AMEND WATER/SEWER RATE ADJUSTMENT MECHANISMS.
S 212: BENNETT COLLEGE ACCREDIT./PRIVATE NEED-BASED.
S 213: REQ ACTIVE TIME FELONY DEATH MV/BOAT.
S 217: EARLY CHILDHOOD DATA ANALYTICS/PILOT/GUILFORD.
S 218: RESTORE EDUCATOR LONGEVITY.
S 219: SURVEYOR LIC. & ED. REQ'S/CONSTR. CONTRACT REV'S. (NEW)
S 220: THE REOPEN OUR SCHOOLS ACT OF 2021. (NEW)
Actions on Bills: 2021-03-09
H 19: REMOVE VARIOUS SATELLITE ANNEXATION CAPS. (NEW)
H 24: CHIMNEY ROCK/LAKE LURE DEANNEX-ANNEX. (NEW)
H 50: CALYPSO ANNEXATION.
H 90: IN-PERSON LEARNING.
H 162: CITY OF MORGANTON/CHARTER AMENDMENTS.
H 164: GREENSBORO/DEANNEXATION.
H 236: AMEND ORANGE/CHATHAM COUNTY BOUNDARY LINE.
H 239: ADDITIONAL NORTH TOPSAIL OCCUPANCY TAX.
H 244: LINCOLN CO. BD. OF ED./PARTISAN ELECTION.
H 248: SPRING LAKE CHARTER AMENDMENT.
H 250: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.
H 253: BURGAW TDA MEMBERS/SURF CITY PARKING. (NEW)
S 41: REMOVE CERTAIN SATELLITE ANNEXATION CAPS.
S 125: VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS.
S 128: GOLDSTON/REMOVE CAP ON SATELLITE ANNEXATIONS (NEW).
S 171: BELVILLE/WINGATE SAT. ANNEX./OTHER DEANNEX. (NEW)
S 192: CITY OF HICKORY/PLANNING COMMISSION.
S 193: CHARLOTTE CITIZENS REVIEW BRD SUBPOENA POWER.
S 194: RE-STAGGER TERMS/ALDERMEN/N.TOPSAIL BEACH.
S 203: ALLOW DURHAM PUBLIC SCHLS TO PROVIDE HOUSING.
S 204: DURHAM/RELOCATION OF NONMUNICIPAL UTILITIES.
S 214: LOCAL OPTION SALES TAX/SCHOOL CONSTRUCTION.
S 215: HEALTH INS./FORMER CITY COUNCIL/GREENSBORO.
S 216: RELEASE OF LEO RECORDINGS/GREENSBORO.
© 2024 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.