House committee substitute to be summarized.
The Daily Bulletin: 2021-03-23
The Daily Bulletin: 2021-03-23
|Intro. by Arp, Blackwell, Lambeth, Saine.|
House committee substitute to the 1st edition makes the following changes. Adds several whereas clauses. Amends proposed GS 115C-81.57 by adding the following. Requires the State Board of Education and the Department of Public Instruction (DPI) to review resources and programs developed under the federal Never Again Education Act in satisfying their obligations under the statute. Requires that for any standards, curriculum content professional development, or other materials developed under the statute, the terms antisemitism, Holocaust, and Holocaust denial and distortion must be used and defined consistent with their definitions under the Never Again Education Act.
Appropriates $250,000 for 2021-22 and $250,000 in 2022-23 from the General Fund to DPI to acquire curriculum content and to implement professional development that addresses the Holocaust and genocide, in consultation with the named entities.
Changes the act's applicability from the 2021-22 school year to the 2023-24 school year.
House committee substitute amends the 1st edition as follows.
Makes the provisions of Section 2, which amends GS 143-128.1C to make certain public-private partnership development contracts subject to Local Government Commission approval, effective July 1, 2021 (was, the date the act becomes law). Makes conforming changes.
|Intro. by C. Smith, McNeill, Riddell, Cleveland.||Gaston, Wayne, GS 115C, GS 116, GS 143, GS 147, GS 159|
House committee substitute amends the 2nd edition as follows.
Makes the following identical changes to the proposed changes to GS 128-27(m2)(1), concerning the Local Governmental Employees' Retirement System, and GS 135-5(m2)(1), concerning the Teachers' and State Employees' Retirement System, regarding payment of a member's special retirement allowance guaranteed by the respective Board of Trustees for a number of months to the member's designated beneficiary. Now provides that if the member's designated beneficiary (must be designated under Option 2, 3, or 6 set forth in subsection (g) of each statute, as required by existing law) begins receiving monthly payments and dies before the specified number of monthly payments have been made in combination to the member and the beneficiary, a one-time payment will be paid to the member's legal representatives, rather than estate, as previously specified.
House committee substitute makes the following changes to the 1st edition.
Makes a technical change to the proposed changes to GS 113-273(l) concerning wildlife control agent licenses and (m) concerning alligator control agent certification.
Eliminates the previous provisions of Section 10, which amended GS 113-270.1A to require obtaining a dog hunter education certificate for completion of a dog hunter education course before a person may pursue or chase deer with dogs for the purpose of training or hunting, and required the Wildlife Resource Commission (WRC) to establish an advisory committee to create the dog hunter education course. Instead provides the following.
Directs the WRC to develop a manual of practices to identify customary and responsible methods and practices of hunting deer with dogs, including documenting associated history and applicable property rights, by June 30, 2021. Requires consultation with organizations promoting or conducting dog hunting in the State. Requires the WRC to publish the manual and include information on deer dog hunting best practices in the statutorily required hunter safety course by July 31, 2021. Makes conforming changes to the course requirements set forth in GS 113-270.1A, effective July 31, 2021.
Adds the following new provisions.
Amends GS 113-136, concerning the enforcement authority of inspectors and protectors, as follows. Makes it unlawful to refuse to allow inspectors, protectors, or other law enforcement officers to inspect weapons or equipment, fish, or wildlife that the officer reasonably believes to be possessed incident to an activity regulated by any law or rule as to which inspectors and protectors have enforcement jurisdiction; no longer requires the inspector, prospector, or other law enforcement officer to have a reasonable suspicion that a violation has been committed (previously not required for the inspection of shotguns only). No longer limits inspection of fish or wildlife to the purpose of ensuring compliance with bag limits or size limits. Eliminates the specification that stated the provisions did not authorize inspection in the absence of a person in apparent control of the listed items.
Allows for an individual qualifying for an adult resident lifetime sportsman license under GS 113-270.1D(b)(3) who is 50 years old but younger than 70 years old to purchase the license at 50% of the applicable fee of $500; excludes firefighters eligible for a discounted license under GS 113-276(o). Similarly amends GS 113-351 to allow for an individual qualifying for a resident adult lifetime unified sportsman/coastal recreational fishing license under sub-subdivision (c)(3)c. who is 50 years old but younger than 70 years old to purchase the license at 50% of the applicable fee of $675; similarly excludes firefighters eligible for a discounted license under GS 113-276(o).
House committee substitute to the 1st edition makes the following changes. Amends GS 115C-12 to require that the policy adopted by the State Board of Education (Board) on providing information on child abuse and neglect to students in grades 6-12 is to be implemented by each public secondary school instead of by the governing body of each public secondary school. Amends the content that is to be included in the required document and display to require that it include the phone number used for reporting abuse and neglect to the department of social services in the county in which the school is located (was, in which the local school administrative unit is located).
Adds a section amending GS 115C-47 to give local boards of education the duty to implement the policy addressing student awareness of child abuse and neglect, including sexual abuse, adopted by the Board under GS 115C-47. Makes conforming changes to Section 6 of SL 2018-32 to also make a local board of education with an approved renewal school system plan subject to this provision.
Adds a section amending GS 116-239.8 to require laboratory schools to implement the Board's policy on student awareness of child abuse and neglect, including sexual abuse, for all public secondary schools under the control of the UNC Board of Governors. Deletes the changes to GS 116-11(12e) that required the UNC Board of Governors to implement the policy adopted by the Board, as required in GS 115C-12(47), for all public secondary schools under the Board of Governors' control.
House committee substitute makes the following changes to the 2nd edition.
Eliminates Part V of the act, which amended 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). Amends the act's long title.
|Intro. by Hardister, Hurley, Pickett, Terry.||GS 116|
House committee substitute to the 1st edition makes the following changes.
Amends GS 143-64.12, requiring the energy consumption per gross square foot for all State buildings in total be reduced by 40% by 2028 (was, by 2027). Amends proposed GS 143-64.12A to limit the requirement that state agencies and institutions of higher learning 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., so that it is required where feasible.
|Intro. by Szoka, Arp, Saine, Zenger.||GS 143|
House committee substitute makes the following changes to the 1st edition.
Modifies the proposed changes to GS 115C-390.2(a), which requires the adoption of student conduct policies and establishment of procedures for school officials to follow when disciplining students. Now more specifically requires boards to consider any existing federal guidance for the discipline of students with disabilities as well as other guidance on school discipline practices issued by the US Department of Education. Expands the proposed annual requirement to provide the Department of Public Instruction with a copy of each public school unit's most up-to-date discipline policies to also require the provision of the Code of Student Conduct. Makes organizational changes.
Amends GS 14-208.18, which prohibits registered sex offenders from being present on certain property where minors are present, to modify subsection (f) to specify that a person required to register as a sex offender for offenses against minors who is also eligible to attend public school under GS 115C-378 can be present on school property if permitted by the public school unit board (was local board of education) pursuant to GS 115C-390.11(a)(2) (regarding the provision of educational services under personnel supervision following expulsion).
|Intro. by Torbett.||GS 115C|
House committee substitute to the 1st edition makes the following changes. Amends GS 143B-1321 to require that the statewide broadband maps prepared and maintained by the Department of Information Technology (Department) incorporate current and future federal data along with State data collected by the Department or provided to the Department from other sources. Also requires that the maps be used to identify capabilities and need related to broadband distribution in addition to access.
House committee substitute makes the following changes to the 1st edition. Amends proposed GS 20-162.4 to more specifically prohibit parking a vehicle in an electric vehicle charging station located on public or private property unless the vehicle is an electric vehicle connected to the charging equipment for the purpose of charging the vehicle (was, prohibited parking a vehicle in the station if the vehicle is not connected to the charging equipment). Prohibits a city or county from requiring, by ordinance, a different penalty than that specified in statute (was, municipalities may, by ordinance, prohibit additional conduct and provide higher penalties). Adds that the statute's provisions supersede and preempt any ordinance adopted or imposed by a unit of local government that establishes a penalty for parking a vehicle in an electric vehicle charging station without connecting the vehicle to the charging equipment. Specifies that the statute may be enforced by the State, county, city, and other municipal authorities in their respective jurisdictions, whether on public or private property.
|Intro. by Warren, von Haefen, Szoka, Autry.||GS 20|
House committee substitute to the 1st edition makes the following changes.
Deletes the proposed changes to GS 55-7-09(a), which clarified that a corporation was required to hold a special shareholders' meeting if either of the specified conditions applied. Amends GS 55-7-05 by modifying the conditions under which a public corporation that has provided the specified notice of its annual or special shareholders' meeting does not have to provide further notification to also include instances when it is anticipated that an existing governmental order restricting travel or group gatherings will be extended; also amends those requirements to require that the corporation post the required press release about the remote meeting on its corporate website approximately contemporaneously with the press release. Makes additional clarifying changes. Makes clarifying changes to GS 55-7-09.
Adds a provision amending GS 55A-2-07, which allows the board of directors of a corporation to adopt, amend, or repeal bylaws to be effective only in an emergency. Amends when an emergency is considered to exist to be when a natural or man-made disaster impedes the ability of the corporation's board of directors or members to comply with one or more provisions of the corporation's bylaws (was, an emergency exists if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event).
Adds a severability clause. Makes conforming organizational changes.
Amends the act's effective date provision to deem remote shareholder meetings noticed before the effective date of this act as a result of the State of Emergency declared by Executive Order No. 116 on March 10, 2020, and complying with any subsequent executive orders authorizing remote shareholder meetings issued by Governor Roy A. Cooper, as in compliance with this act.
House committee substitute to the 1st edition makes the following changes. Allows a charter school, for the remainder of the 2020-21 school year, to provide either remote instruction for all students or in-person instruction (was, in-person instruction only) to any grade level under Plan A (Minimal Social Distancing) in accordance with the StrongSchoolsNC Public Health Toolkit 8 (K-12) (Toolkit), as that guidance existed on March 4, 2021. Amends the act's long title.
|Intro. by Saine, Boles, Yarborough, Torbett.||UNCODIFIED|
Includes whereas clauses. Authorizes the Department of Natural and Cultural Resources (DNCR) to add the Dan River Trail (Trail) in Stokes and Rockingham counties to the State Parks System as a State trail. Requires DNCR to support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. Specifies that on portions of the Trail that cross property controlled by agencies or owners other than the Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners govern the property's use. Excludes this authorization from the statutory requirement that additions be accompanied by adequate appropriations for land acquisition, development, and operations. Allows the State to receive donations of appropriate land and allows the State to purchase other needed lands for the Trail with funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.
|Intro. by K. Hall, Carter.||UNCODIFIED|
Recodifies subdivisions (1b) and (7) of GS 150B-2 as subdivisions (1a) and (5a) of GS 150B-2, respectively. Further amends GS 150B-2, which sets out and defines terms as they are used in GS Chapter 150B (Administrative Procedure Act), by making the following changes. Adds and defines the term guidance document, bulletin, or memorandum as a document developed by a State agency or staff that provides information or guidance of general applicability to the staff or public to interpret or implement statutes or the agency's rules or regulations; excludes agency minutes or documents pertaining only to the internal management of the agency and specifies that this definition does not expand the identification or release of any document otherwise protected by law. Makes additional organizational, clarifying, and technical changes.
|Intro. by Moffitt, Johnson, Paré, Wray.||GS 150B|
Amends GS 115C-302.1 to pay teachers their full salary amount when they provide a reason for requesting personal leave, when taken on days other than teacher work days. Provides that if a teacher does not give a reason for the request, the teacher will be paid their salary minus the full cost of hiring a substitute teacher. Makes additional organizational, technical, and clarifying changes. Applies beginning with the 2021-22 school year.
|Intro. by Elmore, Torbett, Clemmons, Gill.||GS 115C|
Appropriates $1.9 million in recurring funds from the General Fund to the Department of Public Instruction to provide additional supplemental funding for small county school systems as follows.
Establishes a dollar allotment schedule for eligible county school administrative units to receive for the 2021-23 fiscal biennium based on allotted average daily membership (ADM), ranging from 0-1,300 allotted ADM at an $1,820,000 allotment to 2,801-3,300 allotted ADM at an $1,548,000 allotment. Requires phasing out funding over a five-year period for units that become ineligible under the schedule during either year of the fiscal biennium. Prohibits allotment reduction for eligible units by more than 20% of the amount received in 2020-21, or 20% of the amount received in 2021-22, in any fiscal year. Provides that units are not ineligible if either the highest of the first two months' total projected ADM for the current year or the higher of the first two months' total prior year ADM would otherwise have made the unit eligible for funds under the schedule.
Restricts use of the funds to supplement local current expense funds. Bars the State Board of Education (State Board) from allocating funds in the 2021-23 fiscal biennium to counties that have used the funds to supplant local per-student current expense funds. Requires the State Board to make a finding that a county has used the funds to supplant current expense funds in the prior year or the year for which the most recent data is available if (1) the current expense appropriation per student of the county for the current year is less than 95% of the average of local current expense appropriation per student for the three prior fiscal years, and (2) the county cannot show that it has remedied the deficiency or that extraordinary circumstances caused the county to supplant local funds with the allocated funds. Requires the State Board to adopt implementing rules. Directs the State Board to annually report to the specified NCGA division during 2021-23 any determination of counties supplanting funds.
Encourages local boards of education to use at least 20% of the funds they receive from this act to improve the academic performance of children performing at Level I or II in either reading or math end-of-grade tests in grades 3-8. Authorizes units to use funds to purchase services that allow for extraction of data from the Education Value-Added Assessment System (EVAAS).
Effective July 1, 2021.
|Intro. by Hanig.||APPROP, UNCODIFIED|
Appropriates $12.5 million in recurring funds each year of the 2021-23 biennium from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education, to provide funds for slots needed for any child in this state seeking participation in the North Carolina Prekindergarten program. Effective July 1, 2021.
|Intro. by Brockman, Ball, Meyer, Clemmons.||APPROP|
Amends GS 14-234, which prohibits specified public officials from benefiting from public contracts, with exceptions. Amends the exception provided in subsection (d1) to allow a municipality or specified type of board or hospital to undertake or contract with one of its officials if approved by specific resolution of the appropriate governing body and the undertaking or contract amount does not exceed $60,000, rather than $40,000, for goods or services within a 12-month period. Maintains the $20,000 cap for medically related services. Requires compliance with other existing conditions for the exception to apply. Applies to contracts executed on or after the date the act becomes law.
Requires the Division of Childhood Development and Early Education of the Department of Health and Human Services to post the following on its website: (1) education opportunities for kindergarten offered by local school administrative units, (2) educational opportunities for kindergarten offered by charter schools, and (3) scholarships for enrollment in non-public schools provided under Part 2A of Article 39 of GS Chapter 115C. Requires participating facilities to furnish this information upon request, and provide all families with the website. Effective January 1, 2022.
Requires the Department of Environmental Quality to study and report on the need for additional positions and funding, and possible changes to laws, that would be necessary to expand the Department’s express permitting programs to encompass additional types of permits typically required for job creation, real estate development, and redevelopment activities. Requires a report to the specified NCGA committees and division by March 1, 2022.
Amends GS 159G-23 to modify and add to the considerations the Division of Water Infrastructure (Division) is required to examine when evaluating applications for loans and grants from the Wastewater Reserve or the Drinking Water Reserve. Concerning priority for a project that improves designated impaired waters of the state, adds that greater priority is to be given to projects that improve designated impaired waters of the state that serve a public water supply for a large public water system, defined as serving more than 175,000 service connections. Adds that consideration for priority is to be given to projects improving regional coordination (previously, priority for local water supply plans that are better coordinated with respect to the State water supply plan). Lastly, adds that consideration for priority is to be given for wastewater system improvements made by a local government unit in order to protect or preserve the water supply of a neighboring local unit that has a lower poverty rate, lower utility bills, higher population growth, higher median household incomes, and lower unemployment. Applies to applications for loans or grants from the Wastewater Reserve or the Drinking Water Reserve received by the Division on or after July 1, 2021.
Requires the Department of Revenue to provide the Revenue Laws Study Committee with information on the property taxation of outdoor advertising signs. Requires that the review include the specified topics, including reviewing the practices in other states. Requires that the information be provided to the Committee by March 31, 2022.
Enacts GS 160D-910(g) to authorize cities to require by ordinance that manufactured homes be installed in compliance with the Set-Up and Installation Standards adopted by the Commissioner of Insurance, so long as the city does not require a masonry curtain wall or skirting for manufactured homes located on land leased to the homeowner. Effective October 1, 2021.
Directs the Division of Emergency Management to consult with specified entities and study the needs of law enforcement, emergency medical and emergency management personnel, and firefighters to improve access to or within the interstate system in the state for the benefit of public safety. Details six required steps of the study, including determining potential sites of interest for construction or improvement and establishing criteria for prioritization of those sites. Requires the Division to report to the specified NCGA committees by March 1, 2022.
Amends GS 58-41-15, concerning insurance cancellation, to make a clarifying and organizational change. Explicitly provides that proof of mailing is sufficient proof of notice of cancellation under the statute (rather than under subsection (b), which provides for notice requirements). Effective October 1, 2021.
Amends GS 42-46 concerning fees, costs, and expenses in summary ejectment proceedings. Clarifies that the fees a landlord is authorized to charge pursuant to a written lease for filing a complaint, a court appearance, or trial following an appeal from a magistrate's judgment are administrative fees, defined to exclude out-of-pocket expenses, litigation costs, or other fees. Makes conforming changes. Adds a new provision stating it is against public policy for a landlord to claim or for a lease to provide for the payment of any out-of-pocket expenses or litigation costs for filing a complaint for summary ejectment and/or money owed rather than those expressly authorized in subsection (i). Modifies subsection (i) to provide for recovery of reasonable attorneys' fees actually paid or owed, rather than incurred, subject to existing caps. Specifies that the out-of-pocket expenses and litigation costs listed in subsection (i) can be included by the landlord in the amount required to cure a default. Makes further clarifying changes.
States intent for the above provisions to apply retroactively to all pending controversies as of the date the act becomes law, as the changes are intended to clarify legislative intent under previous amendments to the statute.
Enacts GS 42-36.1B to provide for relief from a judgment for possession following a tenant's fulfillment of all terms of a post-judgment relief agreement with the landlord, defined to mean an agreement between a landlord and tenant that allows the tenant to retain or regain possession of the demised premises after a landlord has been granted a judgment for possession of the premises. Bars causing the issuance or participation in the execution of a writ of possession or any related monetary judgment following the tenant's fulfillment of the terms of the post-judgment relief agreement. Requires the landlord to file a motion for relief from the judgment, including a proposed order with specified provisions, within 30 days after the tenant has fulfilled the terms of the agreement. Requires the Administrative Office of the Courts (AOC) to develop and make available a form motion and order. Provides for service of the motion and entry of the order following ex parte review by the chief district court judge or the designee within 5 business days of filing. Requires the clerk to mail copies of the order to the parties in self-addressed, stamped envelopes provided by the landlord at filing. Allows for the tenant to file a motion to enforce the statute's provisions and hold the tenant liable after 30 days following a written demand and the landlord's failure to file a motion and proposed order. Allows recovery of attorneys' fees and costs, and monetary damages as specified based on whether the judgment was for unpaid rent.
Expands GS 72-1 to require innkeepers to provide suitable lodging accommodations for accepted guests in an inn, hotel, motel, or other similar transient occupancy (was, inn or hotel only). Adds a new provision defining transient occupancy to mean the rental of an accommodation by an inn, hotel, motel, or similar lodging facility to the same guest or occupant for fewer than 90 consecutive days.
Enacts GS 42-14.5 to explicitly exclude transient occupancies from the scope of the landlord/tenant laws of GS Chapter 42. Explicitly bars agreements related to transient occupancies from being deemed to create a tenancy or a residential tenancy unless expressly provided in the agreement.
Specifies that a person's rental period is calculated from the first day of consecutive occupancy, or right of occupancy, in the lodging facility regardless of whether the period began before or after the date the act becomes law.
Prohibits the following rules adopted by the Department of Transportation on August 28, 2020, from becoming effective: 19A NCAC 02E .0204 (Local Zoning Authorities), 19A NCAC 02E .0206 (Applications), and 19A NCAC 02E .0225 (Repair/Maintenance/Alteration/Reconstruction of Signs).
Amends GS 130A-343(j) regarding approval of a wastewater system using expanded polystyrene synthetic aggregate particles as a septic effluent dispersal medium. Adds new provisions to specify that expanded polystyrene synthetic aggregate cylindrical units containing pipe and concentric media layers and approved by a nationally recognized certification body qualify as dispersal media for construction of prefabricated, permeable block panel systems, as that term is used in rules adopted by the Commission for Public Health (Commission). Bars the Commission, the Department of Health and Human Services, and local health departments from conditioning, delaying, or denying the permitting of such dispersal media as horizontal and vertical prefabricated, permeable block panel systems. Requires the minimum nitrification trench length to meet the manufacturer's installation specifications and not be less than the length defined in rules adopted by the Commission.
Requires the Commission to adopt conforming rules.
Expands GS 18B-800(c2), which allows local ABC boards to fulfill orders by a mixed beverage permittee for individual bottles or cases of spirituous liquor produced by an eligible distillery that are listed as a regular code item for sale in the state. Modifies the definition set forth for eligible distillery under the subsection to include a distillery permittee (or the like in another jurisdiction) that sells fewer than 10,000 proof gallons of in-house brand spiritous liquors produced and manufactured by it at the permit holder's distillery per year (currently limited to those liquors distilled and manufactured by the permittee at the distillery per year). Adds to the requirements for ABC stores to display NC distilled spirits in a designated area to include spirits produced in North Carolina.
Expands GS 18B-1001(19), regarding spirituous liquor tasting permits, to allow those permittees to use the spirituous liquor produced at the distillery in addition to that distilled at the distillery where the event is being held.
Expands GS 18B-1105(a)(4) to further authorize distillery permittees to sell spirituous liquor produced at the distillery in closed containers to visitors who tour the distillery for consumption off the premises in the same manner as that distilled at the distillery.
Expands GS 18B-1105(a)(2) to allow distillery permittees to sell, deliver, and ship spirituous liquor in closed containers at wholesale or retail to consumers of other states or nations, subject to the laws of those jurisdictions.
Directs the ABC Commission to amend its rules consistent with the above provisions as specified.
Effective July 1, 2021.
|Intro. by Yarborough, Bradford, Moffitt, Riddell.||STUDY, GS 14, GS 18B, GS 42, GS 58, GS 72, GS 130A, GS 159G, GS 160D|
Adds new Part 4, Uniform Partition of Heirs Property Act, to Article 2 of GS Chapter 46A, providing as follows. Defines heirs property as real property held in tenancy in common that satisfies all of the following as of the filing of a partition proceeding: (1) there is no agreement in a record binding all the cotenants which governs the partition of the property; (2) one or more of the cotenants acquired title from a relative, whether living or deceased; and (3) 20% or more of the interests are held by cotenants who are relatives, 20% or more of the interests are held by an individual who acquired title from a relative, or 20% or more of the cotenants are relatives.
Requires a court, in a proceeding to partition real property under Article 2of GS Chapter 46A to determine whether the property is heirs property; if such a determination is made, then the property must be partitioned under this Part unless all of the cotenants agree otherwise in a record. Sets out the procedure for notice by posting when a petitioner in a partition proceeding seeks authorization for notice by publication and the court decides that the property may be heirs property. Requires any commissioners appointed to partition the property by the court to be disinterested and impartial and not a party to or a participant in the proceeding.
Requires the court, if it determines that the property that is the subject of a partition proceeding is heirs property, to determine the fair market value of the property by ordering an appraisal. Requires the court, however, to adopt a valuation or use another method of valuation when it has been agreed to by all cotenants. Provides that if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court must determine the fair market value of the property, after an evidentiary hearing, and send notice to the parties. Sets out the procedure to be followed when an appraisal is conducted.
Requires the court, when any cotenant requested partition by sale, after the determination of value, to send notice that any cotenant except one requesting partition by sale, may buy all of the interests of the cotenants making the request. Allows any cotenant, except the one requesting partition by sale, to give notice to the court no later than 45 days after the notice is sent stating that they elect to buy all interest of the cotenant requesting partition by sale. Sets out the process for determining the purchase price. Sets out procedures that apply at the end of the 45 days, varying based on how many of the cotenants (including, none) elect to buy the interests of the cotenant requesting partition by sale, including setting deadlines by which the electing cotenants must pay their apportioned price. Allows a cotenant who is entitled to buy an interest to request, no later than 45 days after the court sends notice to the parties, that the court authorize the sale as part of the pending proceeding of the interests of cotenants named as respondents and served with the complaint but that did not appear in the proceeding; allows the court to deny the request or authorize the requested additional sale on fair and reasonable terms, subject to the stated limitations.
Provides that when all the interests of all cotenants that requested partition by sale are not purchased by other cotenants, or if, after conclusion of the buyout, a cotenant remains that has requested partition in kind, the court must order partition in kind unless the court, after consideration of all seven listed factors, finds that partition in kind will result in substantial injury to the cotenants as a group. Requires that when the court does not order partition in kind, the court must order partition by sale or, if no cotenant requested partition by sale, the court is required to dismiss the proceeding. Sets out the processes to be followed when the court orders partition in kind.
Requires that when the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. Sets out the procedures to be followed for an open-market sale, including the appointment of a real estate broker when one is not agreed upon; procedures to be followed depending on whether or not the broker receives an offer to purchase in a reasonable time; and requirements for the broker to report to the court. Sets out requirements for when the court orders a sale by sealed bids or an auction.
Provides that in applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Sets out how this new Part relates to the Electronic Signature in Global and National Commerce Act.
Makes conforming changes to GS 46A-26.
Applies to petitions for partition filed on or after January 1, 2022.
|Intro. by Szoka, K. Hall, White, Turner.||GS 46A|
Amends GS 162A-6 to give water and sewer authorities the power to suspend standard revenue collection practices during a declared emergency in order to assure continuation of service during the emergency, and to apply grants and other federal, State, and local funds to replace revenues lost due to customer delinquency during the emergency. Allows the authority, during such a suspension of revenue collection practices, to make accommodations, including the forgiveness of balances in arrears from low-income customers (as defined in the act), to the extent of and when required as a condition for receiving the federal, State, or local funding. Defines declared emergency as the period of an emergency (as defined in GS 166A-19.3), declared by one of the authorities set out in GS 166A-19.20 (Governor or NCGA) or GS 155A-19.22 (appears to intend GS 166A-19.22, governing body of a municipality or county) for an area that includes all or part of the service area of the authority. Effective July 1, 2021.
|Intro. by Insko, Potts, Hurley, Meyer.||GS 162A|
Appropriates $120,000 in recurring funds from the General Fund to the Office of Indigent Defense Services for each year of the 2021-23 biennium to create and fund two new full-time assistant public defender positions in the Robeson County Public Defender's Office in Public Defender District 16B, increasing the number of assistant public defender positions in the Robeson County Office from nine to 11. Effective July 1, 2021.
Includes whereas clauses.
Appropriates $500,000 from the General Fund to the Independence Fund, Inc. for 2021-22 to establish and implement a pilot program to expand the Veterans Justice Intervention (VJI) program in Brunswick, Craven, Cumberland, Onslow, Union, and Wayne Counties. Authorizes use of funds to hire or contract a subject matter expert for assessment, coordination, and VJI implementation in each of the designated counties. Lists four required actions of the Independence Fund in conducting the pilot program, including (1) partnering with nonprofits and government agencies to update data collection process maps developed for each county's initial response to veterans in crises, and (2) educating first responders, local community support employees, and others on veteran-specific crises intervention, suicide prevention, and VA resources available. Directs the Independence Fund to report on the effectiveness of the pilot program by June 30, 2022, to the specified NCGA committee and division.
Effective July 1, 2021.
|Intro. by Bell, Moore, Cleveland, Miller.||APPROP, STUDY, Brunswick, Craven, Cumberland, Onslow, Union, Wayne|
Includes whereas clauses.
Appropriates $2.128 million in nonrecurring funds for each year of the 2021-23 fiscal biennium from the General Fund to the UNC Board of Governors for the North Carolina New Teacher Support Program (NC NTSP) to enable additional qualifying new graduates of traditional pathway NC educator preparation programs (EPPs) to participate in NC NTSP without cost to local school administrative units. Teachers from the following local school administrative units will be eligible: Anson County Schools, Duplin County Schools, Nash-Rocky Mount Schools, Northampton County Schools, Onslow County Schools, Public Schools of Robeson County, Tyrell County Schools, and Washington County Schools.
Requires these funds to be used in programs designed to address the specific and various needs of traditional pathway NC EPP graduates through a blended model of support that includes: (1) participation in the 2021-22 e-Institute hosted by NC NTSP; (2) an assigned instructional coach familiar to the region and local school context; and (3) access to and participation in ongoing, career-embedded professional development.
Effective July 1, 2021.
|Intro. by Ball, Goodwin, Cleveland, Gailliard.||APPROP|
Changes the provisions governing funds remitted to the Department of Revenue by registers of deeds collected from taxing real property conveyance instruments under GS 105-228.30. Rather than crediting the required portion of proceeds remitted to DOR to the General Fund, requires DOR to credit remitted funds at the rate of 30% to the Parks and Recreation Trust Fund, 30% to the Land and Water Fund, 30% to the Coastal Storm Damage Mitigation Fund, and 10% to the NC Agricultural Development and Farmland Preservation Trust Fund. Makes conforming changes to the statutes governing those identified Funds: GS 143B-135.56; GS 143B-135.234; and GS 106-744 (does not amend GS 143-215.75M regarding the Coastal Storm Damage Mitigation Fund). Effective July 1, 2021.
|Intro. by McElraft, Howard, Saine, Davis.||GS 105|
Identical to S 228, filed 3/10/21.
Enacts GS 58-50-56.1 as follows. Regarding continuity of care following a termination of a contract between an insurer and a health care provider offering an exclusive provider benefit plan due to a change in the terms of provider participation in the benefit plan when an insured is undergoing treatment from the provider for an ongoing special condition on the date of termination, requires the insurer to timely notify the insurer of the right to elect continuation of coverage of treatment by the provider during a transitional period, subject to the insured having a claim for services provided by the terminated provider or the insured otherwise being known as a patient of the terminated provider by the insurer. Defines ongoing special condition to include specified acute illnesses, chronic illnesses, and terminal illnesses, and pregnancy from the start of the second trimester. Defines exclusive provider benefit plan (benefit plan), insurer, and terminated or termination.
Requires each benefit plan offered by an insurer to provide transition coverage to individuals who are newly covered by a benefit plan because the individual's employer has changed benefit plans and are undergoing treatment from a provider for an ongoing special condition. Requires an insurer to notify the newly covered insured on the date of enrollment of the right to elect continuation of coverage of treatment by a provider that is not contracted with the benefit plan and permit the newly covered insured to elect to continue to be covered with respect to the treatment by the provider of an ongoing special condition during a transitional period.
Allows the treating hospital care provider to determine the length of the transitional period, not exceeding 90 days after the date of the notice to the individual regarding termination of the provider or the date of enrollment in a new benefit plan, as described.
Provides for specified extensions of the general transitional period for individuals who had scheduled or were on a waiting list to schedule surgery, organ transplantation, or inpatient care; individuals entering the second trimester of pregnancy; and individuals who were terminally ill.
Identifies six terms and conditions upon which an insurer can condition coverage of a continued treatment by a provider, including that the provider agrees to adhere to the insurer's established policies and procedures for participating providers.
Provides parameters for the statute's construction, including that the statute does not require an insurer to offer a transitional period when the insurer terminates a provider's contract for reasons relating to quality of care or fraud.
Requires insurers to include a clear description of an insured's rights under the statute in its evidence of coverage and summary plan description.
Authorizes the Department of Insurance to adopt temporary implementing rules.
Makes conforming changes to GS 58-50-56(i).
Applies to insurance contracts issued, renewed, or amended on or after October 1, 2021.
|Intro. by Bumgardner, K. Hall, Saine.||GS 58|
Makes clarifying changes to existing provisions of GS 120-130, specifically prohibiting a legislative employee from revealing the identity of a legislator who has made a drafting or information request, nor revealing the existence of the request, to any person who is not a legislative employee without the consent of the legislator. Eliminates the provisions that deemed drafting or information requests or supporting documents to not be public records under GS Chapter 132. Makes identical changes to existing provisions of GS 120-131 regarding the confidentiality of documents prepared by legislative employees at the request of a legislator. Similarly eliminates the provisions that deemed documents prepared by legislative employees at the request of a legislator which do not become available to the public not public records under GS Chapter 132.
Expands GS 120-132 to prohibit present and former legislative employees from disclosing documents, in addition to information, that the individual acquired while employed or retained by the State in the described contexts, unless disclosure reflects official public records or otherwise publicly disseminated information or documents. Authorizes a judge to compel disclosure of documents acquired by a legislative employee (currently limited to information) if necessary to the administration of justice, subject to legislative privilege and immunity laws.
|Intro. by Everitt, Farkas.||GS 120|
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided. Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
Amends GS 115C-84.2(d) as the title indicates. Allows local boards of education to open as early as the Monday closest to August 19 (currently, no earlier than the Monday closest to August 26), excluding year-round schools. Deletes the provisions of subsection (d) concerning waiver of the requirements upon a showing of good cause.
Applies beginning with the 2021-22 school year.
|Intro. by Shepard, Cleveland.||GS 115C|
Identical to S 182, filed 3/4/21.
Reenacts GS 105-164.13C, as title indicates. Applies to sales made on or after July 1, 2021.
|Intro. by Hawkins, Alston, Reives, Morey.||GS 105|
Enacts new GS 75-44 making it an unfair trade practice for a person, firm, or corporation engaged in commerce to offer a computer printer for sale without clearly and prominently disclosing the additional costs related to operating the printer, including the cost of replacement ink or toner cartridges and the estimated number of printed pages an ink or toner cartridge will print before requiring replacement. Effective October 1, 2021.
|Intro. by Zachary.||GS 75|
The Daily Bulletin: 2021-03-23
Senate committee substitute amends the 1st edition as follows.
Further amends GS 130A-336 to allow improvement permits or authorizations for wastewater system construction that were issued with a wastewater system classification of Type V in accordance with the identified administrative rule by a local health department between January 1, 2007, through January 1, 2019 (was January 1, 2000, through January 1, 2015), which have not been acted on and would have otherwise expired, to remain valid until January 1, 2024, without penalty unless there are changes in hydraulic flows or wastewater characteristics from the original evaluation (previously, did not limit the provision to a specified system classification). Adds new provisions as follows. Authorizes site activities under the improvement permit or the authorization for wastewater system construction begun pursuant to the above provisions to continue until the operation permit is issued. Deems verification of original site conditions by a licensed soil scientist not to be an evaluation and provides for the permit to remain an issuance of the local health department.
|Intro. by Corbin.||GS 130A|
Senate committee substitute makes the following changes to the 1st edition.
Makes a technical correction to proposed GS 7B-2600(d) regarding the court's jurisdiction to modify any order or disposition made in a case where the court finds a juvenile to be delinquent.
Further amends proposed GS 7B-2200.5(a1) to allow a prosecutor to decline to prosecute in superior court a matter that would otherwise be subject to mandatory transfer under the statute if the juvenile has allegedly committed an offense that would be a Class D felony if committed by an adult. Also allows the prosecutor, prior to adjudication, to choose to transfer the matter to superior court if the juvenile has allegedly committed an offense that would be a Class D felony if committed by an adult.
Adds the following content.
Enacts GS 7B-308.1 to require a juvenile court counselor to report to the respective county director of the department of social services (director) any time the juvenile court counselor has cause to suspect that a juvenile is abused, neglected, or dependent in the course of the counselor's provision and coordination of multidisciplinary service referrals for juveniles under the age of 10 pursuant to the counselor's duties under GS 143B-831, as amended by the act. Requires the director to immediately begin an assessment and authorizes the director to initiate juvenile proceedings and other appropriate steps authorized under Subchapter I (Abuse, Neglect and Dependency). Allows for the juvenile court counselor to ask the prosecutor to review a director's decision not to file a petition.
Adds the following defined terms to GS 7B-1501 as used in Subchapter II (Undisciplined and Delinquent Juveniles). Defines Child Consultation to mean any child at least 6 years of age and less than 10 who is referred to the Division of Juvenile Justice because it is deemed the child is in need of community resources or services, with provision of services authorized to the child and the child's parent, guardian or custodian. Make Child Consultation cases subject to Subchapter II's confidentiality provisions. Defines consultation complaint to mean a complaint made against a child who is at least 6 years old but less than 10 years old alleged to have committed an offense that would be considered a delinquent offense if committed by a juvenile over the age of 10; requires service by the Juvenile Court Counselor as a Child Consultation. Amends delinquent juvenile to include juveniles at least 10 years old (previously included juveniles at least 6 years old).
Enacts GS 7B-1605 to grant the court jurisdiction over the parent, guardian, or custodian of any child under the age of 10 who is receiving Child Consultation services, with continued jurisdiction over a parent, guardian, or custodian alleged to be in noncompliance with Child Consultation recommendations for up to nine months or until terminated by court order.
Amends GS 7B-1700.1 to require a juvenile court counselor or any person who suspects a child under the age of 10 who is receiving multidisciplinary services pursuant to GS 143B-831, as amended, is abused, neglected, or dependent, or has died as the result of maltreatment, to report to the appropriate director as required by GS 7B-308.1, as amended.
Adds to the preliminary inquiry requirements of juvenile court counselors under GS 7B-1701 to include inquiring as to jurisdiction of a juvenile under 10 who must be served as Child Consultation. Allows the juvenile court counselor to accept a complaint or Child Consultation for a child under the age of 10 that has insufficiencies fatal to other juvenile petitions. Makes conforming and clarifying changes.
Makes the time period set forth under GS 7B-1703 for a juvenile court counselor to evaluate a complaint and decide whether a complaint should be filed as a juvenile petition also applicable to a decision to file a Child Consultation complaint for a child under 10. Requires the juvenile court counselor to obtain referral information upon determining the child must proceed to receiving a Child Consultation. Makes conforming changes.
Enacts GS 7B-1706.1 to require juvenile court counselors to provide case management services (including screenings, assessments, community resources and programming) for a child under age 10 under a Child Consultation for up to six months, with an extension permitted for up to three months with approval of the chief court counselor.
Adds to the summons requirements under GS 7B-1805 and GS 7B-1806 to include issuance of summons after a petition is filed alleging noncompliance with Child Consultation recommendations, printed on a form supplied by the Administrative Office of the Courts (AOC) with notices and advice included as specified. Requires personal service upon the parent, guardian, or custodian not less than five days prior to the date of the scheduled hearing. Makes conforming changes.
Further amends GS 7B-1806 to authorize the court to issue a show cause order for contempt against a parent, guardian, or custodian who is personally served and fails without reasonable cause to appear or (was, and) to bring the juvenile before the court.
Expands GS 7B-2502, concerning the evaluation and treatment of undisciplined and delinquent juveniles, to include evaluations and treatment of a child.
Enacts Article 34A to the Chapter to provide as follows. Requires the parent, guardian, or custodian of a child under 10 to attend all scheduled meetings with the juvenile court counselor subject to sufficient notice. Authorizes the juvenile court counselor to direct the parent, guardian, or custodian of a child under 10 to attend evidence-based parenting classes as available in the district of residency. Requires the juvenile court counselor to work with the parent, guardian, or custodian to obtain evaluations or treatment for the child as needed or recommended, and to finds means for paying for such services. Requires a juvenile court counselor to advise the parent, guardian, or custodian of the child to be directly involved and participate in the child's evaluation or treatment with written recommendations of a qualified physician, surgeon, or mental health provider if it is determined to be in the best interest of the child. Authorizes the juvenile court counselor to recommend the parent, guardian or custodian to undergo evaluation, treatment, or counseling with written orders or recommendations from a qualified mental or physical health provider directed toward remedying the behaviors or conditions that led or contributed to the child's receipt of a Child Consultation; provides for recommendations to seek funding for such evaluations and treatments.
Authorizes the juvenile court counselor to assist with transportation to keep an appointment or to comply with the recommendations of the juvenile court counselor. Authorizes the juvenile court counselor to file a petition alleging the parent, guardian, or custodian to be in noncompliance with the Child Consultation recommendations. Details required content and form of the petition, with copies required to be provided for necessary parties. Provides for issuance and service of summons, and provision of notice for any hearing on the petition. Requires collaboration with the parent, guardian, or custodian, the Department of Social Services, the LME/MCO, the local education authority, and all other involved community stakeholders, identified as the Child Family Team, who are required to be invited to all meetings scheduled with the child and parent, guardian, or custodian.
Requires hearings on noncompliance petitions to be held within 30 days of filing. Provides for hearing procedures, placing the burden of proof upon the State, and authorizes the court to order compliance if the court finds noncompliance by the greater weight of the evidence.
Prohibits employment discrimination due to an employee's compliance with the Article's provisions. Requires enforcement by the Commissioner of Labor.
Provides for orders for contempt upon motion of the juvenile court counselor or sua sponte. Provides for the appointment of counsel for the parent, guardian, or custodian.
Enacts GS 143B-805(4b) to add consultation complaint to the defined terms applicable to Subpart B, Part 3 of Article 13, which governs the Juvenile Justice Section (Section) of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Defines the term as newly defined in GS 7B-1501. Also modifies delinquent juvenile to restrict the term to children over the age of 10.
Adds to the powers and duties of the Section under GS 143B-806 to include planning, developing, and coordinating comprehensive multidisciplinary services for children under 10 who engage in acts that would constitute juvenile delinquency had they reached age 10 or older.
Expands the definition of intensive intervention services as the term is used in the requirement for an annual evaluation of the services under GS 143B-811, to include evidence-based or research-supported community-based or residential services that are necessary for a juvenile to prevent deeper involvement in the juvenile justice system.
Adds to the powers and duties of juvenile court counselors under GS 143B-831 to include the provision and coordination of multidisciplinary service referrals for the prevention of juvenile delinquency and early intervention for juveniles, including children under the age of 10 who engage in acts that would constitute juvenile delinquency had they reached age 10 or older. Enacts provisions mirroring the duty of a juvenile court counselor to report suspected abuse, neglect, or dependency under GS 7B-308.1 and GS 7B-1700.1, as amended.
Adds to the powers and duties of county Juvenile Crime Prevention Councils to include biennially reviewing and assessing on an ongoing basis the needs of youth in the county who are under the age of 10 who engage in acts that would constitute juvenile delinquency had they reached the age of 10 or older.
Amends GS 143B-853 to expand the definition of intensive intervention services as the term is used in the annual reporting requirement by the Section on the results of the services under GS 143B-853, to include evidence-based or research-supported community-based or residential services that are necessary for a juvenile to prevent deeper involvement in the juvenile justice system.
Maintains the act's effective date of December 1, 2021.
Senate committee substitute makes the following changes to the 1st edition.
Modifies the proposed changes to Rule 51 of the Rules of Civil Procedure to require the court to reduce oral jury instructions to writing for civil cases subject to GS 90-21.11 (subsection (b) defines medical malpractice action), rather than Rule 9(j) of the Rules of Civil Procedure (regarding medical malpractice pleadings). Now authorizes and encourages the court, rather than directs the court, to provide the jury a written copy of the oral instructions for the jury to take into the jury room during deliberation. Similarly amends the proposed changes to GS 7A-47.3 to direct the senior resident superior court judge to designate a specific resident judge or a specific judge assigned to hold court in the district to preside over all proceedings in a case subject to GS 90-21.11 (subsection (b) defines medical malpractice action), rather than Rule 9(j) of the Rules of Civil Procedure (regarding medical malpractice pleadings). Adds a new requirement for the senior resident superior court judge to consult with the parties in the case in making the designation.
Deletes the previous provisions of Section 13, authorizing a justice or judge to administer the required oath prescribed for attorneys remotely using a form of live videoconferencing technology, notwithstanding the requirements of GS Chapter 84, until December 1, 2021. Instead adds the following provisions.
Amends GS 7A-38.1 (concerning civil actions in superior court) and GS 7A-38.3B (concerning mediation matters within the jurisdiction of the clerk of superior court) to provide for the enforceability of a settlement agreements regarding issues at a civil proceeding or a mediation against a party if signed by the party's designee.
Senate committee substitute makes the following changes to the 1st edition.
Modifies the proposed changes to GS 15A-145.5, concerning the expunction of certain misdemeanors and felonies, as follows. For the purposes of the statute, no longer excludes from the definition of nonviolent misdemeanor or nonviolent felony an offense under GS 14-56 (breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft) (totally excluded by existing language and previously proposed to limit the exclusion for a certain period of time). Adds a new subsection to the statute to explicitly bar impaired driving offenses, as defined in GS 20-4.01(24a) from expunction eligibility; makes conforming deletion of the provision excluding the same from the term nonviolent misdemeanor or nonviolent felony. Makes clarifying changes to the applicable waiting periods for filing a petition to refer to convictions listed in the petition. Makes further conforming changes regarding affidavits filed with the petition to refer to the applicable waiting periods as amended by the act.
Amends the proposed changes to GS 15A-145.8A, expanding upon who may file a petition for expunction from the person's criminal record persons convicted of any misdemeanor or Class H or I felony that was not excluded under the statute, that was committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age. Allows the petition to be filed by a person, the district attorney, and at the request of the person eligible for expunction under the statute, the public defender or private counsel (was a person eligible for expunction under the statute or, at the request of the person eligible for expunction, the district attorney, the public defender, or private counsel).
|Intro. by Britt, Daniel, Lee.||GS 15A|
Appropriates $2 million for 2021-22 from the General Fund to the National Institute of Minority Economic Development to renovate and reposition an office building that it owns into the Center for Entrepreneurship, which will include affordable small business incubation space paired with skilled business development assistance, coaching, and access to Community Development Financial Institution lending resources. Effective July 1, 2021.
|Intro. by Robinson, deViere.||APPROP|
Amends GS 14-288.4 by expanding upon what constitutes disorderly conduct to include engaging in conduct which disturbs the peace or order of an official meeting of a public body (defined as any elected or appointed authority, board, commission, committee, council, or other body of the State, or of one or more counties, cities, school administrative units, UNC constituent institutions, or other political subdivisions or public corporations in the state that (1) is composed of two or more members and (2) exercises or is authorized to exercise a legislative, policy-making, quasi-judicial, administrative, or advisory function; also includes the governing board of a public hospital and the governing board of any nonprofit corporation to which a hospital facility has been sold or conveyed, any subsidiary of such nonprofit corporation, and any nonprofit corporation owning the corporation to which the hospital facility has been sold or conveyed). Makes such a violation a Class 1 misdemeanor for a first offense, a Class I felony for a second offense, and a Class H felony for a third or subsequent offense. Makes organizational changes.
Repeals GS 143-318.17, which made it a Class 2 misdemeanor for a person to willfully interrupt, disturb, or disrupt an official meeting and who, upon being directed to leave the meeting by the presiding officer, willfully refuses to leave the meeting.
Applicable to offenses committed on or after December 1, 2021.
Adds to the required content of a declaration to create a condominium set out in GS 47C-2-105 as follows. Regarding the required description of each unit created by the declaration, specifies that a unit that is not specifically described by an upper or lower limiting boundary with reference to established datum is deemed to include so much of the land and air above or below the unit as would be attributed to a noncondominium parcel of land under applicable common or statutory law.
Adds to the requirements for recordation of a condominium declaration or amendments thereto under GS 47C-2-101(b). Bars recordation unless all structural components and mechanical systems of all buildings containing or comprising any units created by a declaration or amendment are substantially completed in accordance with building design plans of a licensed architect or registered engineer and evidenced by a recorded certificate of completion executed by the architect or engineer (previously required a certificate executed by the architect or engineer stating that the building plans fully and accurately depict the structural components and mechanisms of all buildings containing or comprising any units thereby created). Adds a new provisions to specify that the subsection does not require that the structural components and mechanical systems of building be depicted on the plats or plans described in GS 47C-2-109(b)(6), regarding the verification of the location and dimensions of horizontally limiting boundaries and the the location of vertically limiting boundaries, and identifying numbers for each unit.
Applies to declarations executed and recorded on or after the date the act becomes law.
|Intro. by Daniel.||GS 47C|
Decreases the individual income tax set out in GS 105-153.7(a) from 5.25% to 4.99%.
Increases the standard deductions set forth in GS 105-153.5(a)(1): from $21,500 to $25,500 for married, filing jointly; from $16,125 to $19,125 for head of household; and from $10,750 to $12,750 for single and married, filing separately.
Increases the current child deduction amounts set forth in GS 105-153.5(a1) by $500 for each filing category based on existing adjusted gross income (ADI) ranges. Expands the statute to add new child deduction amounts for the following ADI ranges. Provides a $500 deduction amount for: married, filing jointly with ADI over $120,000 and up to $140,000; for head of household with ADI over $90,000 and up to $105,000; and for single or married, filing separately with ADI over $60,000 and up to $70,000.
Makes the above provisions effective for taxable years beginning on or after January 1, 2022.
Amends GS 105-122(d) to explicitly restrict a corporation's tax base to the proportion of its net worth apportioned to the State under subsection (c1). No longer provides for the tax base to be the greater of its apportioned net worth, the percentage of the corporation's appraised value or the corporation's total actual investment in tangible property in the State. Makes similar changes regarding the tax base of a corporate controlled noncorporate limited liability companies under GS 105-114.1(b).
Changes the corporate tax rate under GS 105-120.2 to set the corporate income tax cap at $150,000. Eliminates existing provisions for the calculation of corporate tax using the existing tax rate of $1.50 per $1,000 applied to the greater of a a specified percentage of the corporation's appraised value or the corporation's total actual investment in tangible property in the State.
Effective for taxable years beginning on or after January 1, 2023, and applicable to the calculation of franchise tax reported on the 2022 and later corporate income tax return.
|Intro. by Newton, Daniel, Rabon.||GS 105|
Appropriates $3,150,000 in recurring funds from the General Fund to the UNC Board of Governors for 2021-22 to be allocated to UNC-Chapel Hill for the NC Policy Collaboratory (Collaboratory). Restricts use of the funds to creating an annual research grant program for six constituent institutions identified as Historically Minority-Serving Institutions (HMSIs). Requires the Collaboratory to award one or more grants to each identified constituent institution in an amount of at least $200,000 each fiscal year, with no individual grant or total grant awards exceeding $750,000 in a fiscal year. Authorizes the Collaboratory to use up to $200,000 of the appropriated funds for program administration, as specified. Effective July 1, 2021.
|Intro. by Lee, Britt, Robinson.||APPROP|
Amends GS 20-292 (dealers may display motor vehicles for sale at retail only at established salesrooms) by adding requirement that dealers who display vehicles at a trade show or exhibit where no selling related to the vehicle takes place must display the dealer's name and business location.
|Intro. by Sawyer, Britt.||GS 20|
Enacts GS 75-16.3 to allow a judgment creditor awarded a judgment in which a judgment debtor is found to have knowingly and willfully committed unfair and deceptive acts or practices affecting commerce in violation of GS 75-1.1, to motion for a court in the county where the debtor resides to order garnishment of the disposable earnings of the judgment debtor at any time after attempting execution of such a judgment that has been returned wholly or partially unsatisfied after exhausting other available remedies under Article 31 of GS Chapter 1 governing supplemental proceedings. Requires the judgment creditor to have sent a certified letter to the judgment debtor's last known address regarding wage garnishment and for the judgment debtor to have failed to pay or make reasonable arrangements to pay the judgment within 10 days of the mailing prior to filing a motion requesting garnishment.
Details required content of the judgment creditor's motion and hearing notice; sets a filing fee. Provides for the court's authority to enter an order of garnishment following proper notice and hearing; bars ordering garnishment if the judgment debtor is making regular payments to the judgment creditor of at least 10% of the judgment debtor's monthly disposable earnings, or if economic hardship would result to the judgment debtor or the judgment debtor's dependents if the garnishment is ordered. Caps an order for garnishment at the lesser of 15% of the judgment debtor's monthly disposable earnings or the amount by which the disposable earnings for that pay period exceed an amount calculated by multiplying the federal minimum hourly wage by 50 times the number of weeks in the pay period, as specified. Details required content of an order of garnishment and requires personal service of the order on the judgment debtor and the garnishee; allows for motion to modify or dissolve the order. Provides for the garnishee to withhold and transmit to the judgment creditor the amount ordered to be garnished. Provides for a $5 fee for the garnishee for each payment made under the order. Requires the judgment creditor to notify the garnishee in writing within five business days of the judgment's satisfaction.
Provides for the order to continue until the underlying judgment is satisfied, the judgment debtor ceases to be employed by the employer (unless subsequently reinstating or reemployed within 90 days), or the 10 year statute of limitations has expired. Provides for priority of the garnishment order against others under the statute in the order they are served on the employer. Places garnishment under other authorities by government entities, by public hospitals, for child support, and other entities superior to the priority of orders under this statute. Lists the priority of all payments received by the judgment creditor, with record costs of the judgment and garnishment orders to be credited first, and attorneys' fees and costs awarded credited last. Requires the judgment creditor to file notice with the clerk of superior court of payment in full within 60 days of receipt. Provides for a $100 penalty and the award of attorneys' fees and costs to the judgment debtor if the judgment creditor fails to file the notice within 30 days following written demand of the judgment debtor. Provides for improper garnishment. Includes five defined terms.
Effective October 1, 2021.
|Intro. by Perry, Britt, Craven.||GS 75|
Requires the Department of Public Instruction to study and make recommendations on the feasibility and potential outcomes of a statewide year-round school year, including an analysis of 11 specified topics. Requires submitting a report on the study results no later than 180 days after this act becomes law to the specified NCGA committee.
|Intro. by Burgin, Corbin.||STUDY|
The Daily Bulletin: 2021-03-23
House committee substitute to the 1st edition adds the following. Allows the Town of Surf City to use the proceeds from parking meters on public streets in the same way in which proceeds from off-street parking facilities are allowed to be used under GS 160A-3019b). Makes conforming changes to the act's titles.
|Intro. by C. Smith.||UNCODIFIED, Onslow, Pender|
Amends Section 14 of SL 2012-121, regarding the powers of the Greater Asheville Regional Airport Authority, to expand the Authority's power to include operating, owning, leasing, subleasing, controlling, regulating, and/or granting others the right to operate the following on any airport premises: golf courses, office buildings, industrial and manufacturing facilities, retail facilities, recreational facilities, entertainment venues and facilities, technology and wireless infrastructure.
|Intro. by Moffitt.||UNCODIFIED, Buncombe|
Amends GS 160A-58.1 as title indicates.
Identical to S 240, filed 3/11/21.
Makes it unlawful to drive in excess of 25 miles per hour on residential streets in Durham that the City of Durham's Transportation Department has determined to be experiencing congestion. Applies to offenses committed on or after December 1, 2021.
|Intro. by Hawkins, Alston, Morey, Reives.||UNCODIFIED, Durham|
The Daily Bulletin: 2021-03-23
Actions on Bills: 2021-03-23
H 32: EQUITY IN OPPORTUNITY ACT.
H 68: GSC LICENSING BOARDS AND COMM'NS/RULE CRIMES.
H 69: EDUCATION ON THE HOLOCAUST AND GENOCIDE.
H 70: HISTORIC SCHOOL PRESERVATION ACT.
H 101: ADOPT HAYWOOD CO. AS ELK CAPITAL OF NC.
H 110: LANDLORD SUBMISSION OF HOPE APPLICATION. (NEW)
H 130: EAST COAST GREENWAY/STATE TRAILS.
H 136: ENCOURAGE HEALTHY NC FOOD IN SCHOOLS.
H 148: SBI EMERGENCY PEN REGISTER/TRAP AND TRACE.
H 161: ADDRESS ABANDONED AND DERELICT VESSELS.-AB
H 163: TREASURY ADMINISTRATIVE CHANGES.-AB
H 168: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2021.-AB
H 175: RET. & TREASURY TECH. CORRECTIONS ACT OF 2021.-AB
H 181: WILDLIFE RESOURCES COMM'N. AMENDMENTS.-AB
H 183: JUV. COURT COUNSELORS/SENSITIVITY TRAINING.-AB
H 205: ABUSE & NEGLECT RESOURCES IN PUBLIC SCHOOLS.
H 217: UTILITIES COMM'N TECH. AND ADD'L CHANGES.
H 219: AMEND ENVIRONMENTAL LAWS. (NEW)
H 224: OCCUPATIONAL THERAPY INTERSTATE COMPACT.
H 230: NC MANAGING ENVIRONMENTAL WASTE ACT OF 2021.
H 232: LRC STUDY- AFFORDABLE HOUSING.
H 238: PROHIBIT POSSESSION OF SKIMMING DEVICE.
H 243: BUDGET TECHNICAL CORRECTIONS (NEW).
H 245: EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.
H 247: STANDARDS OF STUDENT CONDUCT.
H 249: CHILDREN WITH DISABILITIES FUNDING FORMULA.
H 257: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.
H 271: EMINENT DOMAIN.
H 289: DIT/BROADBAND MAPPING -- FUNDS.
H 296: EV CHARGING STATION/PARKING.
H 310: HOUSE BOG ELECTIONS.
H 320: MODERNIZE REMOTE BUSINESS ACCESS.
H 324: ENSURING DIGNITY & NONDISCRIMINATION/SCHOOLS. (NEW)
H 328: ALLOW TRADE OR EXCHANGE OF SPIRITUOUS LIQUOR.
H 338: CAIN CENTER FOR THE ARTS FUNDS.
H 339: PDN WORKFORCE STABILITY/MEDICAID.
H 340: ADVISORY COUNCIL ON PANS & PANDAS.
H 341: PROTECTION FROM ONLINE IMPERSONATION.
H 342: BUILDING CODE/EV CHARGING STATION.
H 343: STATEWIDE COMMUTER RAIL STUDY.
H 344: SYSTEM DEVELOPMENT FEES UPDATE.
H 345: GRANT FOR NATIONAL HISTORIC PROPERTY.
H 346: FUNDS FOR DOWN SYNDROME PROGRAMS.
H 347: HEALTHY STUDENTS - NURSES IN EVERY SCHOOL.
H 348: ADD SCHOOL NURSES FOR HEALTHIER STUDENTS.
H 349: TRAFFIC-CONTROL TRAINING PROGRAM.
H 351: CLIFFORD'S LAW. (NEW)
H 352: HOTEL SAFETY ISSUES.
H 354: HATE CRIMES PREVENTION ACT.
H 355: FIREFIGHTING FOAM REGISTRY/PFAS BAN. (NEW)
H 356: SPEAKER/PPT APPOINTMENTS 2021.
H 358: SAVE WOMEN'S SPORTS ACT.
H 360: AUTHORIZE DAN RIVER STATE TRAIL.
H 361: APA RULES REVIEW DEFINITIONS.
H 362: REVISE PERSONAL LEAVE COSTS FOR TEACHERS.
H 363: SMALL COUNTY SCHOOL SYSTEM SUPPLEMENTAL FUNDS.
H 364: FUNDS FOR THE EXPANSION OF NC PRE-K.
H 366: REGULATORY REFORM ACT OF 2021.
H 367: UNIFORM PARTITION OF HEIRS PROPERTY ACT.
H 368: WATER/SEWER AUTHORITIES PAYMENT ASSIST. PROGS.
H 369: ADD PUBLIC DEFENDERS TO DEFENDER DISTRICT 16B.
H 370: VETERANS EMPLOYMENT ACT. (NEW)
H 371: NC TEACHER SUPPORT PROGRAM FUNDS.
H 372: RESTORE FUNDING/STATE CONSERVATION PURPOSES.
H 373: ALLOW EMPLOYERS TO OFFER EPO BENEFIT PLANS.
H 374: MAKE LEGISLATORS' DOCS PUBLIC RECORDS.
H 376: SCHOOL CALENDAR FLEXIBILITY.
H 377: RESTORE EDUCATIONAL SALES TAX HOLIDAY.
H 379: FULL DISCLOSURE OF PRINTER COSTS.
S 69: DMV LICENSING REQ/AUTH. VENDOR FOR ROAD TESTS.
S 148: WASTEWATER SYSTEM PERMIT EXTENSION.
S 207: VARIOUS RAISE THE AGE CHANGES/JJAC RECS.
S 209: UTILITIES COMM'N TECH. AND ADD'L CHANGES.
S 211: AMEND WATER/SEWER RATE ADJUSTMENT MECHANISMS.
S 224: SAN. DIST. AMENDMENT/PROPERTY TRANSFER. (NEW)
S 255: 2021 AOC LEGISLATIVE CHANGES.-AB
S 278: PROP./FAM. LAW-REIMBURSE PROP. EXPENDITURES.
S 301: EXPAND EXPUNCTION ELIGIBILITY.
S 327: FIREFIGHTING FOAM REGISTRY.
S 328: CONFIRM LT. GEN. WALTER GASKIN/SEC. DMVA.
S 329: BLDG. PERMIT EXEMPT./TIMESHARE EFF. DATE. (NEW)
S 330: USE YOUR OUTSIDE VOICE.
S 331: HEALTHY STUDENTS - NURSES IN EVERY SCHOOL.
S 332: ED FACILITY/UNCW.
S 333: RANDALL LIBRARY RENOVATION- UNCW.
S 334: FUNDS/CENTER FOR ENTREPRENEURSHIP.
S 335: INCREASE PENALTY/DISRUPTION OF OPEN MEETING.
S 336: CONDO ACT/RESTITUT'N/MARKET. TITLE ACT CHANGES. (NEW)
S 337: TAX RELIEF AND RECOVERY ACT.
S 338: NC POLICY COLLABORATORY/RESEARCH GRANTS HSMIS.
S 339: 2022 WRC AMENDMENTS. (NEW)
S 340: HONOR FINANCIAL COMMITMENTS.
S 341: STUDY STATEWIDE YEAR-ROUND SCHOOL CALENDAR.
Actions on Bills: 2021-03-23
H 94: GRAHAM COUNTY OCCUPANCY TAX.
H 143: SWAIN COUNTY SHERIFF VACANCIES.
H 164: GREENSBORO/DEANNEXATION.
H 236: AMEND ORANGE/CHATHAM COUNTY BOUNDARY LINE.
H 253: BURGAW TDA MEMBERS/SURF CITY PARKING. (NEW)
H 303: GREENSBORO SBE/CIVILIAN TRAFFIC INVESTIGATORS. (NEW)
H 350: WARREN COUNTY OCCUPANCY TAX.
H 353: WINSTON-SALEM/FORSYTH AND WAKE BDS OF ED. (NEW)
H 357: GASTON COUNTY PUBLIC NOTICES.
H 365: ASHEVILLE AIRPORT/PITT CONTRACTED AMBULANCES. (NEW)
H 375: FRANKLINVILLE/LIBERTY/RAMSEUR/ANNEXATIONS.
H 378: DURHAM/REDUCE SPEED LIMITS.
S 192: CITY OF HICKORY/PLANNING COMMISSION.
S 232: STUDENTS, PARENTS, COMMUNITY RIGHTS ACT.
S 256: ROCKINGHAM COMMUNITY COLLEGE BOT. (NEW)
S 260: MOORESVILLE TDA. (NEW)
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