Identical to S 298, filed 3/15/21.
Part I.
Amends GS 115C-270.20 to make three-year limited licenses for teachers renewable. Requires for renewal that the local board of education evaluate the teacher's effectiveness every three years. Specifies that for teachers teaching subjects that use the Education Value-Added Assessment System (EVAAS), the data must demonstrate that the teacher meets or exceeds expectations of growth. Applies to any teacher who holds a nonrenewable limited license as of the date this act becomes law and beginning with applications submitted on or after the date this act becomes law.
Requires the State Board of Education (Board), in consultation with the Department of Public Instruction (DPI) and the Professional Educator Preparation and Standards Commission (PEPSC), to develop an alternative to the examination requirements for converting from an initial professional license (IPL) and a residency license (RL) to a continuing professional license (CPL). Requires the alternative to include a process to accommodate different circumstances in which the examination may not be required or be the most appropriate or efficient pathway of evaluating a teacher's readiness or effectiveness. Requires the Board, in consultation with DPI and PEPSC, to examine issues related to licensure classes and teacher salary. Requires the Board, in consultation with those same entities, to report to the specified NCGA committee by February 15, 2022, on (1) the development of the alternative to examination requirements, (2) any proposed salary incentives tied to classes of licensure, and (3) any legislative changes needed for implementation of the recommendations.
Part II.
Extends the expiration of SL 2019-110, which allows retired teachers to return to work in high-need schools, until June 30, 2024 (was, 2021). Makes the same extension for the expiration of Section 7 of SL 2019-212, which made a number of clarifying changes to who was considered a high-need retired teacher and to their retirement.
Amends GS 115C-302.4 by amending the definition of high-need retired teacher to no longer require that they provide classroom instruction, only that they be reemployed as a teacher. Adds and defines the term teacher as licensed personnel who are classified as teachers or instructional support personnel. Amends the salary requirement for high-need retired teachers by adding that a school psychologist, a school speech pathologist licensed as a speech pathologist at the master's degree level or higher, and a school audiologist who is licensed as an audiologist at the master's degree level or higher, must be paid on the sixth step of the teacher salary schedule.
Amends Section 5 of SL 2019-110 by making conforming changes by removing references to teaching.
This part expires June 30, 2024.
The Daily Bulletin: 2021-03-29
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The Daily Bulletin: 2021-03-29
| Intro. by Elmore, Brody, Miller, Clemmons. | GS 115C |
Amends GS 116-143, which allows the UNC Board of Governors (BOG) to provide regulations permitting certain described personnel to enroll in up to three UNC courses per year, free of charge for tuition and fees. Expands the authority to allow the BOG to provide regulations under which a full-time or part-time campus law enforcement officer can enroll in the number of courses per year determined by regulation, subject to the existing parameters stated, free of charge for tuition and fees.
| Intro. by Boles, Hawkins, R. Smith, Hardister. | GS 116 |
Amends GS 20-79.4(b) as title indicates. Establishes a special plate fee of $25 and requires that $15 of that fee be transferred quarterly to fund athletic programs throughout the state. Makes technical changes. Effective July 1, 2021.
| Intro. by Torbett. | GS 20 |
Enacts Article 6 to GS Chapter 139, establishing the Streamflow Rehabilitation Assistance Program (Program), supervised and administered by the Soil and Water Conservation Commission (Commission). States the purpose of the program is to assist an eligible grantee in protecting and restoring the integrity of drainage infrastructure through routine maintenance to existing streams and drainage ways by removing blockages caused by accumulated debris or sediment. Permits using Program funds to provide nonfederal match for related disaster recovery activities federally funded. Defines eligible grantee to mean a Soil and Water Conservation District, a political subdivision (as defined) or a nonprofit organization. Establishes Commission duties under the Program, including establishing allocation criteria, developing application processes, and adoption of implementing rules. Caps State funding at $50,000 per project and requiring grantee matching based on economic development tier status, with ratios ranging from dollar to dollar, to one dollar for every three dollars of State funds. Requires the Commission to ensure that debris removed from streams with Program funds are either removed from the 100-year floodplain, as defined, or processed so that the debris would not pose a risk of blockage or significant impairment of normal streamflow during a subsequent flood event. Directs the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services (DACS) to annually submit a comprehensive report on the Program to the Commission and specified NCGA division as part of the report required by GS 106-850(e). Makes conforming changes to the Commissions duties set forth in GS 139-4.
Amends GS 14-234, which regulates public officers and employees' benefit from public contracts, to exempt applications for or the receipt of a grant under the Streamflow Rehabilitation Assistance Program from the statute's prohibitions. Makes organizational changes.
Amends GS 139-4 and GS 139-8 to permit a Commission member, a direct supervisor, or an organization or unit of local government of which the member or supervisor is an employee, officer, or elected member of the governing body, to apply for and receive a grant under the Streamflow Rehabilitation Assistance Program, subject to existing voting restrictions and approval by the Commissioner of Agriculture (required under GS 139-4 only), or the Commission (required under GS 139-8 only).
Transfers all remaining funds in the Coronavirus Relief Reserve not exceeding $10 million to the Coronavirus Relief Fund. Appropriates to the DACS the total amount of funds remaining in the Coronavirus Relief Fund as of July 1, 2021, not to exceed $5 million, for 2021-22 and $5 million for 2022-23, for cost-sharing grants under the Program. Requires the Commission to ensure that $50,000 is available to eligible grantees from each county, with unused funds awarded to an eligible grantee in another county with the same economic developmental tier ranking. Requires legislative appropriation of funds to provide $5 million in funding for 2021-22 and 2022-23, each, in the event the funds appropriated from the Coronavirus Relief Fund are insufficient. Effective July 1, 2021.
Appropriates $1.5 million from the General Fund to DACS for 2021-22 to support the Community Conservation Assistance Program. Restricts use of funds to provide cost-sharing funding for the installation of stormwater best management practices by nonagricultural land owners and land users. Effective July 1, 2021.
Provides that appropriated funds do not revert.
Amends GS 20-79.4(b) as title indicates. Plate issuance is contingent on the receipt of at least 500 plate applications. Establishes a special plate fee of $30 and requires that $20 of that fee be transferred quarterly to the NC Association of Fire Chiefs to be used for education programs for NC firefighters. Makes technical changes. Effective July 1, 2021.
| Intro. by Hastings. | GS 20 |
Allocates $3 million of the funds appropriated in the Appropriations Act for the 2021-2023 fiscal biennium to the Parks and Recreation Trust Fund to Forsyth County for development of the Belews Lake Regional Park. Effective July 1, 2021.
Enacts new Article 43, Reflexology, in GS Chapter 90 (Medicine and Allied Occupations). Defines relevant terms including reflexology, certification, and certifying entity in newly enacted GS 90-726. Enacts new GS 90-726.1 mandating that compensation for reflexology services may be received only by a certified reflexologist, unless the provider is a student in a nationally recognized reflexology education program or holds a certification of completion from such a program that he or she completed no more than six months prior to receiving compensation for reflexology services.
Enacts new GS 90-726.2 requiring a provider of reflexology services to prominently display his or her certificate at their main place of business or have it available on his or her person when providing services at a different location.
Enacts new GS 90-726.3 requiring advertising for the purpose of attracting clients for reflexology services to the state that those services will be provided by a certified reflexologist as well as the name of the certifying entity.
Enacts new GS 90-726.4 exempting certain listed licensed professionals who in the course of their work may apply pressure to certain reflex areas on a person's body, if the application of pressure accounts for 25% or less of that person's work.
Enacts new GS 90-726.5 creating a civil penalty of no more than $500 for each violation of this Article by an individual, and for violations by a place of business a civil penalty will be assessed of no more than $500 for each violation as well as a suspension of any license to operate for no more than 90 days. Directs that clear proceeds from assessed penalties must be remitted to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2.
Amends GS 90-624 (activities not requiring a license to practice) in Article 36 (massage and bodywork therapy practice) which states nothing in Article 36 may be used to prohibit or affect a list of specified activities, by adding new subdivision (9) listing a certified reflexologist engaged in the practice of reflexology as defined in GS 90-726.
Effective January 1, 2023.
| Intro. by Warren, Riddell. | GS 90 |
Amends GS 20-79.4(b) as title indicates. Establishes a special plate fee of $15 and requires that $5 of that fee be transferred quarterly to the Sergei Foundation Inc. to be used to assist low income families in paying for veterinary care. Makes technical changes. Effective July 1, 2021.
| Intro. by Iler. | GS 20 |
Amends GS 17C-10, concerning the NC Criminal Justice Education and Training Standards Commission and criminal justice officers, and GS 17E-7, concerning the NC Sheriff's Education and Training Standards Commission and justice officers, to require both Commissions to include the administration of a psychological screening exam prior to certification or employment to determine the officer's mental and emotional suitability to properly fulfill the responsibilities of a criminal justice or justice officer, respectively.
Amends GS 17C-6 and GS 17E-4 to require both Commissions to include in the minimum educational and training standards for entry level employment, education and training to develop knowledge and increase awareness of effective mental health and wellness strategies for criminal justice officers and justice officers, respectively. Adds identical requirements to the minimum standards for in-service training for criminal justice officers and justice officers, adding that the standards established to meet the requirement must include two hours of training on the issue every three years. Encourages adopting standards that provide training conducted by mental health professionals and through in-person instruction.
Requires implementation of the above provisions by January 1, 2022. Provides that the requirements apply to certifications issued and employees entering employment on or after the implementation date of those requirements.
Requires both Commissions to regularly provide information on any statewide mental health resources specifically available to criminal justice officers or justice officers to all criminal justice agencies or departments in the state that employ officers certified by either Commission.
Requires all criminal justice agencies or departments in the state that employ certified criminal justice officers or certified justice officers to coordinate with the appropriate LME/MCO or prepaid health plan to make information on State and local mental health resources and programs easily available to all employees and develop policies to encourage employees to utilize the resources available.
Part I.
Subject to voter approval at the November 2022 general election, enacts Section 25 to Article II of the NC Constitution to charge the NCGA with establishing by law an independent process to revise the electoral districts for Congress and the NCGA after return of the decennial census, subject to the following limitations. Prohibits NCGA involvement in revising electoral districts. Requires each NCGA member and US House member to represent equal numbers of inhabitants, as possible. Mandates districts to consist of contiguous territory. Prohibits division of a county for NCGA districts to the extent practicable and consistent with federal law. Mandates that the districts remain unaltered until the return of another decennial census. Grants adopted electoral districts legislative force and effect. Makes conforming changes to Sections 3 and 5 of Article II to charge the NCGA with establishing an independent process to revise legislative districts and the apportionment of legislators among those districts. Makes these constitutional amendments effective upon certification.
Enacts Article 1B, Redistricting, to GS Chapter 120. Sets forth 14 defined terms. Establishes the NC Citizen Redistricting Commission (Commission), charged with preparing preliminary, proposed, and alternative plans for legislative and congressional apportionment and to adopt final plans for the purpose of nominating and electing legislative and congressional members. Details Commission member eligibility, including residency and voter registration requirements, and a number of disqualifications, among them: contributing more than $2,000 to any candidate for public office, having been a staff member or legal counsel to the NCGA, having served in any public office in the preceding 10 years, having held any political appointment, and having been a member of an organization that advocates overthrowing or attacking any governmental body in the US. Bars a person having served as a member of the Commission from holding any public office for three years following termination of service. Details member application procedures, including applying to the State Auditor with relevant information and disclosures for eligibility review, then to the Human Relations Commission for review and submission of a diverse group of up to 60 applicants to the NCGA, as specified, with eight legislatively appointed members from the pool of candidates and seven randomly selected members by the Human Relations Commission from the pool of candidates. Sets terms at 10 years. Details other parameters of the Commission, including appointment of a chair, removal from office, vacancies, and reimbursement of member expenses. Provides for a $1,200 stipend for each month the Commission meets. Details Commission staffing and the application of open meetings and public records laws.
Enumerates nine criteria that all redistricting plans must meet, including electoral impartiality, minimization of the number of split communities of interest, as defined, and minimization of precincts split in preparation of a plan. Provides for Commission adoption of preliminary, proposed, alternative, and final plans depending on appointed member affiliations. Directs the State Auditor to submit to the Commission a list of qualified persons who can serve as a special master, who must draw and submit a plan which the Commission must adopt in the event a plan cannot be adopted pursuant to the statute. Provides for appointment of the special master by the Commission, depending on appointed member affiliations. Requires adoption of all plans by October 1 following each federal census. Details the maximum time line the Commission must follow in adoption of a plan, which provides for public hearings following receipt of data from the Census Bureau; release of preliminary plans to the public and further public hearings; release of proposed plans, alternative plans and summaries; and the Commission holding a vote to adopt final plans, or selection of a special master to prepare, release and present a plan to the Commission that the Commission must adopt. Provides for extensions for good cause, as specified.
Mandates the Commission hold a minimum of 20 public hearings across the State, requiring providing the seven enumerated resources for public input, including sufficient time to review the plan, access to demographic data and mapping software.
Authorizes the NCGA to assign to the Commission the duty to prepare district plans for local government if their governing board or an appropriate court so requests.
Provides for Commission member terms to begin on January 1, 2023, and conclude on June 30, 2030, for any redistricting that might occur pursuant to GS 120-2.4 based on data from the 2020 federal census.
Makes the above statutory and uncodified provisions effective January 1, 2023, subject to voter approval of the constitutional amendments set forth in this Part.
Part II.
Makes conforming changes to GS 120-2.3 regarding judgments invalidating apportionment or redistricting acts.
Makes conforming changes to GS 120-2.4, requiring a court to grant the Commission two weeks' time to remedy any defects a court has identified in a plan apportioning or redistricting legislative or congressional districts prior to the court imposing its own substitute plan. Makes further conforming changes.
Repeals GS 120-133 which provides for the confidentiality of NCGA redistricting communications until plans become law.
Effective January 1, 2023, subject to voter approval of the constitutional amendments set forth in Part I of the act.
Enacts GS 136-199, prohibiting railroads operating in the state on any main line, as defined, or any other line, a train that exceeds 8,500 feet in length. Defines train to mean one or more locomotives coupled with or without cars requiring an air brake test as specified in federal law. Makes violations a Class 1 misdemeanor with a fine between $250 to $1,000 for the first offense, between $1,000 and $5,000 for a second offense committed within three years of the first offense, and between $5,000 and $10,000 for the third and subsequent offenses committed within a three-year period. Excludes railroads operating only tourist, scenic, or historic excursions. Effective October 1, 2021.
| Intro. by Penny, Carter, Clampitt. | GS 136 |
Amends GS 54-109.14 to establish a $250 charter fee and a $2,500 investigation fee for new credit unions established. Makes clarifying and technical changes to the statute.
Changes the penalties for delayed reporting by credit unions under GS 54-109.15. More specifically calls for late penalties to be paid when credit unions fail to make timely semiannual reports or other reports required by the Administrator (rather than failure to make the reports in general). Now directs the Administrator of Credit Unions to annually determine a schedule for the late penalty to be assessed during the next calendar year on or before December 1, with per-day penalties beginning at no less that $75 and not exceeding $750 (was fixed at $75 per-day).
Effective October 1, 2021.
| Intro. by Howard, Szoka, Carney, Adcock. | GS 54 |
Applicable to Duplin, Sampson, Jones, and Onslow Counties only. Establishes a Veterans Treatment Court program for the Fourth Judicial District. Enumerates five goals of the court. Authorizes the prosecutor and a defendant to make a joint written application to the court seeking the defendant's participation in the Veterans Treatment Court program (program, as defined by state law), at any time during a criminal prosecution in the Fourth Judicial District. Authorizes a court to approve the application and order participation in the program as a condition of probation, pursuant to a deferred prosecution agreement, or pursuant to the terms of a conditional discharge. Details four required findings, including that the defendant is a veteran, as defined, and the requirements applicable to either probation, deferred prosecution agreements, or conditional discharge are met, as applicable. Requires the court to order participation in at least one of the program's services, including mental health services, drug treatment services, alcohol treatment services, and other services designed to address the specialized problems faced by veterans. Requires the defendant to attend at least one court session per month as part of continued program enrollment. Effective October 1, 2021.
Appropriates $100,000 from the General Fund to the Administrative Office of the Courts for 2021-23 to fund a coordinator positions to run the program in the Fourth Judicial District. Effective July 1, 2021.
Includes whereas clauses. Changes the requirements related to the discharge or release of industrial waste that includes poly-fluoroalkyl substances (PFAS) under GS 143-215.2A. No longer requires the Secretary of Environmental Quality (Secretary) to be directed by the Governor before ordering persons responsible for discharge that results in contamination of a private drinking water well to establish permanent replacement water supplies for affected parties. Adds a new authority for the Secretary to order any person found to be responsible for the discharge or release of industrial waste that includes PFAS that results in the contamination of a water source supplying a public water system to pay any actual and necessary costs incurred by a public water system to remove, correct, or abate any adverse effects upon the water supply resulting from the contamination for which the person is responsible. Lists included costs, such as costs to procure technology to reduce PFAS concentration in finished drinking water. Provides for order delivery and content; allows filing a contested case petition; and deems an uncontested order final. Provides for joint and several liability for all actual and necessary costs ordered under the new authority. Specifies the effect on other legal remedies and rights of contribution for costs incurred. Requires a public water system to reimburse ratepayers through a reduction in future rates if the system has expended funds and charged ratepayers to remove, correct, or abate any adverse effects resulting from PFAS contamination which have subsequently been reimbursed by the person responsible for the contamination as the result of an order under this statute. Excludes from the statute discharges from publicly owned treatment works occurring as a result of pass through from indirect discharge of PFAS by an industrial user, as those terms are defined by federal law. Replaces the definition given for contamination. Adds a nonexhaustive list of PFAS compounds. Defines public water system. Makes organizational and conforming changes.
| Intro. by Butler, Harrison, Richardson, Autry. | GS 143 |
The Daily Bulletin: 2021-03-29
Appropriates $3 million for 2021-22 and $2 million for 2022-23 from the General Fund to the Office of State Budget and Management to be allocated to the Cape Fear Regional Theatre at Fayetteville, Inc. (CFRT). States legislative intent for CFRT to raise $1 million in non-State matching funds for each fiscal year. Provides an allocation schedule based on thresholds for raising matching funds. Effective July 1, 2021.
| Intro. by deViere, Clark. | APPROP, Cumberland |
States the act's purpose. Authorizes the UNC Board of Governors (BOG) to issue, at one time or from time to time, special obligation bonds for the purpose of acquiring or constructing and financing the Recreation Field and Facilities at Walton Drive Student Village at UNC-Wilmington, with a total capital improvement project cost of $9.75 million. Caps the maximum principal amount of bonds issued at the specified project cost plus 5% to pay issuance expenses and related costs. Permits the Director of the State Budget to authorize an increase or decrease in the cost of, or change the method of, funding for the authorized project; allows consultation with the Joint Legislative Commission on Governmental Operations. Provides for financing within funds available to UNCW, as specified, not including funds received for tuition or legislatively appropriated unless statutorily authorized.
| Intro. by Lee. | UNCODIFIED |
Enacts Article 11 in GS Chapter 31, Uniform Real Property Transfer on Death Act.
Sets forth seven defined terms. Establishes that the Article does not affect any method of transferring property otherwise permitted by law.
Authorizes an individual to transfer property to one or more beneficiaries effective at the transferor's death by a transfer of death deed. Specifies that the transfer on death deed is revocable, even if the deed or another instrument contains a contrary provision. Clarifies that the transfer on death deed is nontestamentary. Requires the same capacity required to make a will to make or revoke a transfer on death deed.
Establishes the essential elements, formalities, and recordation required for a valid transfer on death deed. Establishes that a transfer on death deed is effective without evidence of valuable consideration received or notice or delivery to or acceptance by the designated beneficiary during the transferor's life, provided that the requirements of the Article are met.
Provides for revocation of a recorded transfer on death deed, in whole or in part, by an instrument that satisfies the criteria specified. Clarifies that a transfer on death deed made by joint owner is revoked only if revoked by all joint owners. Notes that the Article does not limit the effect of an inter vivos transfer of the property.
Specifies six effects a transfer on death deed does not do during a transferor's life, including creating a legal or equitable interest in favor of the designated beneficiary.
Provides rules governing property that is the subject of a valid transfer on death deed that is owned by the transferor at the time of the transferor's death absent controlling provisions in the transfer on death deed, the statute, or in Article 24 of GS Chapter 28A (120-Hour Survivorship Requirement; Revised Simultaneous Death Act), Article 1A of GS Chapter 30 (Surviving Spouses; Elective Share), and GS Chapter 31A (Acts Barring Property Rights). Transfers interest in the property to the designated beneficiary, or equal and undivided shares of concurrent interests in the property with no right of survivorship to designated beneficiaries. Provides for situations where a beneficiary does not survive the transferor. Specifies that the beneficiary takes the property subject to interests to which the property is subject at the transferor's death. Deems the recording of the transfer on death deed to be the date of the transferor's death for purposes of lien priority. Provides that the transfer on death deed becomes effective upon the death of the last surviving joint owner if a transferor is a joint owner. Clarifies that the transfer is without covenant or warranty of title regardless of what the transfer on death deed provides.
Allows for a beneficiary to disclaim all or part of an interest pursuant to GS Chapter 31B (Renunciation of Property and Renunciation of Fiduciary Powers Act).
Provides for the enforcement of liability against property transferred at the transferor's death by a transfer on death deed if the transferor's probate estate is insufficient to satisfy statutory allowances or claims allowed against the estate. Provides for apportionment of the liability if more than one property is transferred by one or more transfer on death deeds.
Provides an optional form to create a transfer on death deed and an optional form of revocation.
Provides for the Article's relation to certain provisions of the federal Electronic Signatures in Global and National Commerce Act.
Amends GS 31A-1, which specifies certain persons that lose certain spousal rights, to include in the rights lost under the statute any right to property as a transferor or designated beneficiary of a valid transfer on death deed executed pursuant to Article 11, GS Chapter 31.
Amends GS 31A-4, creating a new rule concerning barring slayers from testate or intestate succession and other rights. Provides that where the decedent has executed a valid transfer on death deed pursuant to Article 11, GS Chapter 31, and named the slayer as a designated beneficiary, the property passes to an alternative beneficiary or lapses, as governed by the executed deed.
Amends GS 31B-1, allowing a person who succeeds to a property interest as a designated beneficiary under a valid transfer on death deed executed pursuant to Article 11, GS Chapter 31, to renounce the property interest at any time by filing a written instrument under the provisions of GS Chapter 31B.
Enacts GS 20-72(d), allowing a registered owner of a vehicle to provide for the transfer of title to a vehicle upon the owner's death by including in the certificate of title the phrase "transfer on death to" or "TOD" followed by a designated beneficiary, subject to the rights of lienholders. In instances of joint ownership, requires signatures of all joint owners with vesting upon the death of the last joint owner. Allows changes or additions to the designated beneficiary at any time. Requires applying for a duplicate title to change the beneficiary. Makes conforming changes to include transfer of title upon death beneficiary designation to the identified transfers by operation of law under GS 20-77.
Applies to transfer on death deeds or beneficiary designations made before, on, or after the date of the effective date of the act by a transferor dying on or after the effective date of the act. Directs the Revisor of Statutes to print relevant portions of the specified official commentary and all explanatory comments of the drafters deemed appropriate.
Amends GS 103-4 by making each statewide general election day a legal public holiday. Amends GS 126-4, requiring the State Human Resources Commission to count each statewide general election day as a paid holiday. Makes conforming changes.
Repeals SL 2018-5 Section 34.11 which (1) required reporting on specified information to the specified NCGA commission, committee, and division, at least 60 days before cancellation or modification of the Comprehensive Agreement, or any change in scope for the project covered by the Comprehensive Agreement (meaning the Comprehensive Agreement for the I-77 HOT Lanes project in Mecklenburg and Iredell Counties dated as of June 26, 2014, including any amendments made to the Comprehensive Agreement), (2) specified that if damages or other monetary penalties are determined to be owed by the State from the cancellation or modification of the Comprehensive Agreement, or a change in the scope of project, they must not be paid by funds subject to the requirements of GS Chapter 136, Article 14B (Strategic Prioritization Funding Plan for Transportation Investments) of Chapter 136 of the General Statutes; and (3) made the payment of any damages or other monetary penalties the State owes because of the cancellation or modification of the Comprehensive Agreement, or a change in the scope of the project, subject to appropriation by the General Assembly.
| Intro. by Marcus, Sawyer, Mohammed. | UNCODIFIED |
Directs the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities and Substance Abuse Services (DMH), to resume the adult and pediatric traumatic brain injury pilot program authorized under Section 11F.9, SL 2017-57, as amended.
Appropriates the following amounts from the General Fund to DMH: $600,000 for 2021-22 to pay the contracted vendor for currently unfunded costs accrued for the vendor's continuation of the pilot program during the 2019-21 biennium; and $300,000 for each fiscal year of the 2021-23 biennium to be used for the pilot program.
Requires DMH to report to the specified NCGA committee and division on the pilot program by April 1, 2022. Specifies required content of the report, including an estimate of the cost of statewide expansion.
Effective July 1, 2021.
| Intro. by Krawiec, Perry, Burgin. | APPROP |
Adds the following restrictions and requirements to the electrical contracting licensing classifications set forth in GS 87-43.3. Provides that the limited classification and any restricted classifications cannot require more than 3,000 hours of experience, of which no less than 2,000 hours can consist of primary experience gained by direct installation of direct wiring and equipment by the National Electric Code. Provides that intermediate classification cannot require more than 5,750 hours of experience, of which no less than 5,000 hours can consist of primary experience gained by direct installation of direct wiring and equipment by the National Electric Code. Provides that the unlimited classification cannot require more than 9,000 hours of experience, of which no less than 8,000 can consist of primary experience gained by direct installation of direct wiring and equipment by the National Electric Code. Makes organizational changes. Applies to applicants for licensure on or after October 1, 2021.
| Intro. by McInnis, Jarvis, Galey. | GS 87 |
Amends the following defined terms applicable to Article 1J, the Voluntary Health Services Act, set forth in GS 90-21.102. Amends free clinic to specifically include the provision of telehealth services. Amends health care provider to include licensed dental assistants, nurse practitioners, and dispensing opticians under comparable provisions of another jurisdiction. Adds to the qualifying conditions of voluntary provision of health care services to require that compensation or other consideration does not include room and board or other essentials necessary during the provision of volunteer health care services or memorabilia. Effective September 1, 2021.
| Intro. by Woodard, Perry, Corbin. | GS 90 |
Amends GS 20-130.1(c) to exempt publicly owned fire apparatus from the prohibition against possessing a blue light or installing, activating, or operating a blue light in or on any vehicle, punishable as a Class 1 misdemeanor. Provides that the blue lights must be visible only from the rear of a fire apparatus when the parking brake is engaged and the on-scene lights are activated. Defines fire apparatus to mean pumper apparatus, mobile foam apparatus, initial attack apparatus, quint, tanker apparatus, and aerial apparatus, as those terms are defined in the most recent National Fire Protection Association guidance referenced. Effective December 1, 2021.
| Intro. by Jarvis, Ford, Perry. | GS 20 |
Makes the following changes regarding the supervision requirements for certified alcohol and drug counselors and certified criminal justice addictions professionals set forth in GS 90-113.37A. Decreases the supervision ratio required for certified alcohol and drug counselors after practicing for a certain number of years, now requiring the counselors to document ongoing supervision at a ratio of one hour of supervision to every 80 hours of practice after two years of practice, and one hour of supervision to every 160 hours of practice after four years of practice (currently, the standard ratio is one hour of supervision for every 40 hours of practice following certification). Deletes obsolete language. Eliminates ongoing supervision requirements of certified criminal justice addictions professionals (currently, requires one hour of supervision to every 40 hours of practice). Makes conforming changes to GS 90-113.31A. Effective October 1, 2021.
| Intro. by Krawiec, Sanderson. | GS 90 |
Revises the guidelines for revenue allocation from the North Carolina Education Lottery in GS 18C-162, subsection (a)(4), to allocate up to 7% of total annual revenues (currently, of face value of tickets or shares) for compensation paid to lottery game retailers.
Repeals GS 18C-164, regarding the transfer of net revenues of the North Carolina State Lottery Fund. Instead, enacts GS 18C-164.1, transferring the existing language from GS 18C-164 with the following changes. Requires the net revenues of the North Carolina State Lottery Fund to be transferred four times a year (was, at least four times a year) to the Education Lottery Fund. Deletes the provision directing the General Assembly to appropriate remaining funds from the Education Lottery Fund for education purposes. Directs the NC State Lottery Commission to distribute the remaining net revenue of the Education Lottery Fund as follows: 50% to support reduction attainment of class size allotment ratios pursuant to GS 115C-301(c), 40% to the Public School Building Capital Fund, and 10% to the State Educational Assistance Authority for college and university scholarships. Directs the General Assembly to appropriate the funds annually based upon estimates of lottery net revenue to the Education Lottery Fund provided by the Office of State Budget and Management and the Fiscal Research Division. Provides that if the net revenues exceed the amounts appropriated, the excess net revenues are split between the Public School Building Capital Fund and the State Educational Assistance Authority.
Makes conforming changes to GS 18C-162(a)(2) and GS 115C-499.3(a).
Amends Section 5.3(e) of SL 2017-57, as amended, to expand the authorized uses of grants awarded from the Needs-Based Public School Capital Fund, to include school building repairs and renovations, and the retirement of debt incurred for the purpose of school building construction or repairs and renovations (was, limited to the construction of new school buildings only).
Effective July 1, 2021.
Amends GS 9-3, adding United States citizenship to the qualifications of prospective jurors.
Adds to GS 9-6 to require all applications for excuses from jury duty to be made on a form developed and furnished by the Administrative Office of the Courts (AOC), with applications to allow specification for the reason(s) for excusal based on disqualification, including noncitizenship status. Authorizes the chief district court judge to delegate the authority to receive, hear, and pass on applications for excuses from jury duty to the clerk of superior court, after consultation with and the consent of the clerk. Makes clarifying changes and makes language gender neutral.
Makes clarifying and conforming changes to GS 9-6.1 regarding requests to be excused from jury duty.
Enacts GS 9-6.2 to require the clerk of superior court to retain the name and address provided by each person who requests to be excused from jury duty on the basis of disqualification, along with the reason for that request, for the remainder of the biennium as described in GS 9-2. Provides that the records are not public record and authorizes their destruction at the end of each biennium. Requires the clerk to quarterly electronically report to the State Board of Elections persons disqualified due to lack of US citizenship with personal information from the master jury list and the date of disqualification. Directs the State Board of Elections to use the information to conduct efforts to remove names from lists of registered voters pursuant to GS 163-82.14. Deems records retained by the State Board of Elections public records, subject to state and federal law. Requires the State Board of Elections to retain the electronic records for four years, and authorizes destruction when they are no longer public records. Specifies that the statute has no effect on State and local authorities to determine a person's eligibility to vote. Makes conforming changes to the clerk's recordkeeping duties regarding excusals under GS 9-6.
Adds a new subsection to GS 163-82.14 regarding list maintenance. Directs the State Board of Elections to review the voter registration and citizenship status of each person identified in a clerk's quarterly report of jury duty disqualifications based on US citizenship and distribute to each county board of elections a report of the persons identified who are registered to vote in that county, including the clerk's electronic file and the results of the Board's review. Excludes persons who since attained US citizenship, unless the individual voted prior to attaining citizenship, whereby the State Board is required to furnish its investigation to the district attorney for prosecution. Requires county boards of elections to, within 30 days' receipt of a report, give 30 days' written notice to the voter at the voter's registration address or mailing address and remove the individual's name from its registration records if the voter makes no objection; requires indication of the removal based on noncitizenship status in the statewide computerized voting registration system. Requires entering a challenge and holding a hearing on the matter if an objection is received within 30 days of the notice, with the report constituting prima facie evidence of noncitizenship, rebuttable by proof of citizenship following excusal. Deems county records public records, subject to state and federal law. Requires the State Board of Elections and county boards of elections to retain the electronic records for four years and authorizes destruction when they are no longer public records. Makes clarifying and organizational changes to the statute.
Directs the AOC to amend the Rules of Recordkeeping to implement the act. Specifies that the act does not exempt AOC records from public records laws, except as provided in GS 9-6.2, as enacted.
Effective January 1, 2022.
Identical to H 271, filed 3/10/21.
Subject to approval by the voters at the 2022 general election, amends Article I of the North Carolina Constitution by adding a new Sec. 39 to prohibit the taking by eminent domain of private property except for a public use only. Directs that just compensation be paid to the private property owner and provides that either party may request that the amount of just compensation be determined by a jury. Provides for method of voting pursuant to GS Chapter 163. Provides that if the majority of votes are in favor of the amendment, the State Board of Elections is to certify the amendment to the Secretary of State and the amendment will become effective upon certification and apply to takings of private property by eminent domain after the certification date.
Amends GS 40A-3(a), (b), and (b1) to restrict private condemnors and local public condemnors to exercising the power of eminent domain for a public use only (was, for a public use or benefit). Amends the list of private condemnors permitted to exercise the power of eminent domain to also include corporations, bodies politic, or persons exercising eminent domain for communication facilities (previously, specified telegraphs and telephones), facilities related to the distribution of natural gas, and pipelines or mains for the transportation of natural gas (was, gas). Makes additional clarifying changes.
Also amends subsection (c) to limit takings by political entities (other public condemnors) to the exercise of eminent domain for public use only (was, public use or benefit).
Enacts a new subsection (d) to GS 40A-3 to provide that private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this statute, for the public use, have the power of eminent domain and may acquire any property for the connection of any customer(s) via purchase, gift, or condemnation.
Changes to GS 40A-3 are effective when the act becomes law, applying to takings occurring on or after that date.
Enacts GS 20-52.2, directing the Division of Motor Vehicles (DMV) to create and issue an unregisterable certificate of title for which an owner of an eligible vehicle, as provided in new GS 20-109.1A, may apply for by submitting an application to the DMV. Allows the DMV to determine the form of the title, but requires the color to be distinct from other title types and contain a notice that the vehicle is no longer able to be registered for highway use and is solely intended for proof of ownership and use in transferring vehicle for parts only, destruction, or recycling. Allows the DMV to rescind the issuance of an unregisterable certificate of title if it determines the title was issued in error.
Enacts GS 20-109.1A, permitting an insurance company or its agent or contractor to apply to the DMV for an unregisterable certificate of title in the name of the insurance company if: (1) the vehicle has been declared a total loss; (2) the occurrence that damaged the vehicle was within State boundaries; (3) the vehicle continuously remained in the State since the occurrence of the loss; (4) the owner has accepted a settlement officer for total loss from the insurance company; (5) the insurance company or its agent or contractor has made a written request, delivered by certified mail or similar service, for the title from the vehicle owner and any recorded lienholders at the address of registration; and (6) the owner and lienholder have failed to deliver the title for more than 30 days from receipt of the written request, or the request was returned undeliverable. Allows for the DMV to require a notarized affidavit attesting to satisfaction of the required conditions. Requires submission of supporting documentation, and requires applicants to maintain a record of any supporting documentation for three years. Sets the title fee at $21.50.
Additionally, provides for an insurance company to have a towing and storage lien on out-of-state registered vehicle that has been damaged in the State for which the company has taken possession with the owner's permission. Makes the lien superior to any other liens on the vehicle. Allows the insurance company or its agent or contractor to make a written demand for the owner or lienholder to retake possession upon payment of any towing and storage fees if the insurance company subsequently denies coverage or otherwise fails to reach a settlement with the owner, whereby failure to take possession and satisfy the lien within 14 days of the written demand authorizes the agent or contractor to apply for an unregisterable certificate of title in the name of the agent or contractor for purposes of selling the vehicle to recoup any towing or storage fees accrued. Requires such an application to be on a notarized form with evidence of delivery of notice to the owner. Requires delivery of notice by a service providing proof of delivery.
Allows for any vehicle issued an unregisterable certificate of title under new GS 20-109.1A to be sold only for parts, scrap, or recycling. Grants civil immunity to the DMV regarding unregisterable certificate of title issuance pursuant to the statute and sales following issuance.
Effective October 1, 2021.
| Intro. by B. Jackson, McInnis. | GS 20 |
Enacts new Article 1M, Interstate Medical Licensure Compact, to GS Chapter 90. States the purpose and objectives of the Interstate Medical Licensure Compact (Compact) and sets forth 15 defined terms. Grants licensed physicians the opportunity to apply for issuance of an expedited license to practice in Compact states, subject to the requirements and restrictions provided in the Compact. Requires designation of a state of principal licensure where the physician has a full and unrestricted license to practice medicine which is the physician's principal residence, where the physician conducts at least 25% of their practice, and is the location of the physician's employer, or if no state applies, the state designated for federal income tax purposes; allows for re-designation of the principal state at any time.
Details application procedures for a physician seeking licensure through the Compact, including (1) applying to the member board of the selected state of principal license, (2) the member board of the selected state of principal license conducting a criminal background check prior to the issuance of a letter of qualification either verifying or denying the physician's eligibility to the Interstate Medical Licensure Compact Commission (Commission), (3) completion of the registration process established by the Commission to receive a license in the member state selected as the principal license state, including payment of applicable fees, and (4) issuance of an expedited license by any member board authorizing the physician to practice medicine in the issuing state consistent with the medical practice act and application laws and regulations of the issuing member board and member state, subject to issuance or renewal fees. Provides for eligibility appeals to be made to the member state where the application is filed. Provides for the expedited license to be valid for a period consistent with the licensure period of the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state, and terminated for failure to maintain a license in the state of principal licensure for nondisciplinary reasons without redesignating a new state. Details expedited license renewal requirements and procedures.
Requires the Commission to establish a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals and applicants in members states. Provides for reporting and access by member states. Provides for joint investigations by member states and related authorities. Deems any disciplinary action taken by any member board against a physician licensed through the Compact to be unprofessional conduct subject to discipline by other boards in addition to violation of the medical practice act or regulations in the state. Provides for licensure status following disciplinary action to be automatically mirrored by member states who have issued licenses to the physician, with each member state maintaining individual reinstatement procedures following reinstatement of the principal state of licensure. Provides for a 90-day automatic suspension of licenses issued by member states when one member state revokes, surrenders, or suspends a license.
Establishes the Interstate Medical Licensure Compact Commission (Commission) as a joint public agency created by member states. Provides for Commission membership, voting, meetings, powers and duties, executive committee, financing, recordkeeping, and member qualified immunity, defense, and indemnification. Among the 21 powers and duties charged of the Committee, includes prosecuting legal proceedings and actions, and the acquisition and disposal of property. Provides for Commission rulemaking procedures and effect, as well as member state rejection of a Commission rule.
Details dispute resolution procedures between member states and Compact enforcement. Provides for member state default grounds and procedures, member withdrawal procedures and dissolution. Provides for the Compact to become effective upon enactment in the seventh member state. Details initial Commission powers, effect of Commission rules on joining states, and Compact amendment parameters.
Deems the provisions of the Compact severable and advises on its construction and effect on other laws.
Makes conforming changes to the following statutes: GS 90-5.1 (authorizing the Board of Medical Examiners to appoint Commissioners to the Commission); GS 90-11 (authorizing background checks for Compact applicants); GS 90-13.1 (regarding licensing fees of the Board of Medical Examiners and the Commission for Compact applicants); GS 90-13.2 (regarding Compact licensing renewals); GS 90-14 (authorizing the Board of Medical Examiners to take disciplinary action for violations of the Compact); and GS 90-14.2 (regarding automatic disciplinary action upon Compact licensees).
Effective October 1, 2021.
| Intro. by Perry, deViere, Krawiec. | GS 90 |
Identical to H 417, filed 3/25/21.
Enacts GS 135-4(k2), concerning the Teachers' and State Employees' Retirement System (TSERS), and GS 128-26(z), concerning the Local Governmental Employees' Retirement System (LGERS), to permit a member of either system who has completed five years of membership service and who has been awarded the Advanced Law Enforcement Certificate by either the NC Criminal Justice Education and Training Standards Commission or the NC Sheriffs' Education and Training Standards Commission, as specified, to purchase up to a total of four years' creditable service at any time on or after receipt of the certificate. Provides for the effect and further parameters of the purchase. Requires lump-sum payment at full cost as specified. Provides for identical purchase provisions by a member of TSERS who has been awarded the Advanced Corrections Certificate by the NC Criminal Justice Education and Training Standards Commission. Effective July 1, 2021.
Amends GS 115C-270.20 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.
| Intro. by Waddell. | GS 115C |
Identical to S 218, filed 3/9/21.
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, Mohammed. | APPROP, UNCODIFIED |
Identical to H 413, filed 3/25/21.
Amends GS 20-54 to require the Division of Motor Vehicles (DMV) to also refuse vehicle registration or issuance of a certificate of title or any transfer of registration if: (1) county and municipal vehicle property taxes and related fees have not been paid; or (2) registration of the owner's vehicle is blocked as a sanction for failure to comply with a child support order or a subpoena. States the NCGA's intent that, when a law enacted after January 1, 2021, imposes a vehicle title or registration stop for failure to pay an amount due to an entity, the stop does not become effective until the DMV's vehicle records state the amount that must be paid to clear the stop and the vehicle owner can clear the stop and obtain a title or renew a registration by paying the required amount to the DMV a DMV commission contractor.
Makes a conforming repeal of GS 20-50.4, which required DMV to (1) refuse to register a vehicle on which county and municipal taxes and fees have not been paid; and (2) refuse to register the vehicle of an owner against whom sanctions are imposed for failure to pay child support or who has failed to comply with the specified subpoena until the payments were no longer delinquent. Makes conforming changes to GS 110-142.2.
Effective July 1, 2022, further amends GS 20-54 by adding that when the DMV imposes a vehicle title or registration stop for an amount owed to the North Carolina Turnpike Authority, the DMV's vehicle records must state the amount required to clear the stop. Allows the vehicle owner to clear the stop and obtain a title or renew a registration by paying the required amount to the DMV or a DMV commission contract agent. Amends this provision, effective January 1, 2023, so that it is applicable to stops for an amount owed to the Department of Transportation instead of to the North Carolina Turnpike Authority.
Requires the DMV, in consultation with the License Plate Agency Advisory Committee, to develop and implement a plan to improve the process for collecting the amounts required to clear vehicle title and registration stops imposed for failure to pay amounts owed to entities other than the Department of Transportation. Requires DMV's vehicle records to set out the amount that must be paid to clear a stop so that DMV or a DMV commission contractor can inform the vehicle owner of the amount required to clear the stop, accept payment, remove the stop, and issue a title or renew a vehicle's registration in the same customer transaction. Requires the plan to be submitted to the specified NCGA committee by March 1, 2023.
Identical to H 414, filed 3/25/21.
Amends GS 20-63(h) concerning commission contracts entered into by the Division of Motor Vehicles (DMV) for the issuance of plates and certificates. Under the statute, the amount of compensation paid to a commission contractor is determined on a per transaction basis. Provides that the collection of the highway use tax and the removal of a registration stop (was, the removal of an inspection stop) are each considered a separate transaction. Adds that the collection of a civil penalty imposed for a lapse in financial responsibility is a separate transaction, payable at a rate of $3.50. Amends the list of times, which when performed at the same time, are considered to be a single transaction, to include receiving the restoration fee for registering a fee a vehicle after a lapse in financial responsibility (was, receipt of the civil penalty for lapse in financial responsibility or receipt of the restoration fee). Applies to penalties collected and transactions performed on or after October 1, 2021.
Amends GS 20-63(h1) by adding the requirement that the DMV pay commission contractors at a rate determined in consultation with the License Plate Agent Advisory Committee when the contractors agree to undertake tasks, such as imaging documents, that shift work from the DMV to the contractors and are not listed in the transactions set out in subsection (h) of the statute.
| Intro. by McInnis, Sawyer, Britt. | GS 20 |
Includes whereas clauses.
Appropriates $30 million for 2021-22 from the General Fund to the NC Housing Trust Fund to be used in accordance with the purposes in GS Chapter 122E (the North Carolina Housing Trust and Oil Overcharge Act). Amends GS 161-11.5, which sets out the three required uses of the $6.20 collected from each fee paid to the register of deeds for the registering and filing of instruments in general that are not otherwise provided for under GS 161-10 and for registering or filing any deed of trust or mortgage, as follows: (1) decreases the amount that is to be credited to the General Fund as nontax revenue from 20% to 18.5% and (2) adds a new distribution to the NC Housing Trust Fund of 1.5%.
Amends GS 105-228.30 to require that 33% of the proceeds from a county's excise tax on instruments conveying real property that are to be remitted to the Department of Revenue (an amount equal to one half of the proceeds, less refunded taxes and administrative expenses) be credited to the NC Housing Trust Fund, with the remainder credited to the General Fund (was, all credited to the General Fund).
Effective July 1, 2021.
To be summarized.
| Intro. by Berger, Ballard, Lee. |
Amends GS 105-164.13E, which lists sales and use tax exemptions for items purchased by qualifying farmers, as described. Expands the exemption to permit the exempt items purchased by a qualifying farmer to be used primarily in zoo operations as an alternative to the requirement for the exempt items to be primarily used in farming operations. Specifies that an item is used by a farmer for zoo operations if it is used to construct or maintain a collection of living animals or crops for public display. Applies to sales made on or after July 1, 2021.
| Intro. by Sawyer, B. Jackson. | GS 105 |
Section 1
Adds to and modifies the conditions that must be satisfied by local governments using grants under the Public Beach and Coastal Waterfront Access Program (Program) under GS 113A-134.3. Now requires that the local government to agree to dedicate and record the dedication of acquired lands in perpetuity for public access and for the benefit of the general public. Establishes a minimum term of 25 years for any lease or easement acquired by a local government using Program grant funds. Requires a local government to reimburse the State if the property is used for a purpose other than beach or coastal waters access or the local government elects to sell or otherwise dispose of the property (previously, required agreement to transfer title to the State if property is used for a purpose other than beach or coastal waters access). Specifies reimbursement must be the greater of either the amount of Program grant funds provided to purchase the property, or an amount equal to the same proportion of the current market value of the property as the proportion of the original purchase price of the property funded with Program grant funds.
Section 2
Eliminates the duty of the Secretary of Environmental Quality (Secretary) to keep a list of interested persons who wish to be notified of proposed developments and proposed rules designating areas of environmental concern and to notify such persons by regular mail pursuant to GS 113A-124. Makes conforming changes to eliminate the mailed notification requirement for interested persons or groups under GS 113A-119(b) regarding development permit applications and modifications. Applies to permit applications received on or after July 1, 2021.
Section 3
Regarding contested case petitions filed for disputed development permit decisions under GS 113A-121.1, requires a determination by the Coastal Resources Commission of the appropriateness of a contested case to be made within 30 days after a request for determination is received (was, 15 days). Effective October 1, 2021.
Section 4
Makes the following changes to GS 143-214.7 regarding stormwater runoff rules and programs. Specifies that the addition of new administrative requirements to an existing permit or certification, including annual compliance certification requirements, are not considered a new or increased stormwater control (which are prohibited by the statute as applicable to preexisting development). Adds a new requirement to require permittees of new stormwater permits and stormwater permits that are reissued due to transfer, modification, or renewal to submit an annual certification on the project's conformance with permit conditions. Makes changes regarding the Department of Environmental Quality (DEQ)'s authority to transfer a permit without the consent of the owner as follows. Now provides for DEQ to transfer a permit without the consent of the owner or of the successor-owner of the property on which the permitted activity is occurring or will occur. Authorizes DEQ to require the submittal of an application for permit transfer (previously provided for the successor owner to request the transfer) when the permit holder is either (1) a deceased natural person, (2) a business association that has dissolved, has completed the winding up of the business, and does not have a successor-in-interest to the permit (previously only required dissolution), (3) a person or entity who has been lawfully and finally divested of the title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding (previously only provided for persons and did not specify how divested), or (4) a person or entity who has sold the property on which the permitted activity is occurring or will occur (previously only provided for persons). Adds qualifications for the successor-owner of the property, including that (1) the person or entity holds the title on which the permitted activity is occurring or will occur, (2) is the claimant of the right to engage in the permitted activity, (3) is an association, or (4) is any other natural person, group of persons, or entity deemed appropriate by DEQ to operate and maintain the permit (previously limited to the holder of the title to the property or the claimant of the right to engage in the permitted activity).
Further amends GS 143-214.7 as follows. Requires joint application by the permit owner and the successor-owner unless the permit owner is a natural deceased person, a dissolved business association, or the successor-owner requests acceptance without the signature of the permit holder. Requires submission of the application within 90 days when permit conditions are met on or after July 1, 2021. Authorizes DEQ to request an application at any time after determining that the permit transfer conditions have been met prior to July 1, 2021, with the application required to be submitted within 180 days of the request. Requires the permit transfer application for an activity that does not conform to the approved plans and permit conditions to include a schedule for compliance within one calendar year, or an application for permit modification, with low density permits permitted to include a request for an updated built-upon areas limit. Prohibits DEQ from imposing new or different design standards on the project (was terms and conditions in the permit) without the prior express consent of the successor-owner. Adds a new subsection allowing a low-density permittee whose permit was issued prior to January 1, 2017, to submit an application for a permit modification that limits built-upon area to the current level which exceeds the permitted built-upon area limit. Specifies updated built-upon area limits for modification applications granted, requiring issuance of updated permits based on the current amount of built-upon area for projects if the area is less than or equal to 110% of the maximum allowable build-upon area for the permit; requires compliance with the updated limit in the required annual certification. Requires mitigation of the impacts of the excess built-upon area for areas exceeding 110% of the maximum allowable built-upon area at the time of permit issuance, with the addition of one or more stormwater control measures on the property before DEQ can issue an updated permit.
Revokes low density stormwater certifications and approvals issued prior to September 1, 1995, as of January 1, 2022, with the built-upon area considered an existing development. Requires future development on such projects or sites to comply with GS 143-214.7 and any recorded deed restrictions.
Expands GS 143-215.6A to allow the Secretary of DEQ to assess a civil penalty of up to $25,000 for violations of GS 143-214.7 (previously restricted to subsection (d1) of that statute).
Section 5
Amends GS 113A-64.2 to require a request for remission of a civil penalty imposed by GS 113A-64 (regarding violations of Article 4, Sedimentation Pollution Control Act) to be filed within 30 days of receipt of the assessment notice (was, 60 days). Applies to penalties assessed on or after October 1, 2021.
Section 6
Amends GS 143-215.94E, which requires the owner or operator of an underground storage tank found to be leaking petroleum to immediately undertake to collect and remove the discharge or release and to restore the area affected, and which allows an owner, operator, or landowner to request payment or reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund (Commercial Fund) for the cost of a task within one year of completion. Adds that if DEQ determines that further information is needed in order to determine payment eligibility, then DEQ may give the applicant up to 30 days to respond to the request for information; specifies that this response time is not to be included in the original 12-month deadline.
Section 7
Amends GS 130A-310.8 to require after DEQ has given notice, after determining the location and general extent of contamination (was, required a determination of the existence of the site), to the owner of real property on which an inactive hazardous substance or waste disposal site is located, that the owner submit a survey plat within 90 days (was, 180 days) of areas designated by DEQ. Changes the title of the notice from "NOTICE OF INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE" to "NOTICE OF ENVIRONMENTAL CONTAMINATION." Adds that if the notice is submitted pursuant to a remedial action plan approved by DEQ, then the notice is to be titled "NOTICE OF RESTRICTED USE." Makes conforming changes. Amends the following items to be included in the notice to require it to include the (1) location areas exceeding unrestricted use standards with respect to permanently surveyed benchmarks (was, the location and dimension of the disposal areas and areas of potential environmental concern) and (2) type, location, and quantity of hazardous substances known to exist (was, known by the owner of the site to exist) on the site. Amends the provisions setting out what is to be included in an instrument of transfer when property that contains an inactive hazardous substance or waste disposal site is sold, leased, conveyed, or transferred, as follows: (1) expands on the scope of the provision to include when only a portion of that property is sold, leased, conveyed, or transferred; (2) requires the inclusion of a statement that hazardous substances were present in environmental media at the property (was, that the property has been used as a hazardous substance or waste disposal site); (3) adds a requirement to include a statement, when applicable, that the property has been remediated by use of land controls. Provides that if a site subject to this statute is remediated under Part 8 of Article 9 of GS Chapter 130A (Risk-Based Environmental Remediation of Sites), a Notice of Restricted Use may be filed instead of a Notice of Residual Contamination.
Amends GS 143-215.85A (concerning recordation of oil or hazardous substance discharge sites)to provide that if a site subject to the statute is remediated under Part 8 of Article 9 of GS Chapter 130A (Risk-Based Environmental Remediation of Sites), a Notice of Restricted Use may be filed with DEQ’s approval instead of a Notice of Residual Contamination or a Notice of Oil and Hazardous Substance Discharge Site.
Amends GS 143B-279.10 (concerning recordation of contaminated sites) to provide that if a site subject to the statute is remediated under Part 8 of Article 9 of GS Chapter 130A (Risk-Based Environmental Remediation of Sites), a Notice of Restricted Use may be filed instead of a Notice of Residual Contamination or a Notice of Contaminated Site.
Section 8
Amends GS 143-215.8B as follows. Changes the term “basinwide water quality management plan” to “basinwide water resources management plan” (plan). Amends the impacts that are to be considered when developing and implementing the plans for the 17 major river basins to now require consideration of (1) all activities across a river basin that impact surface or ground water quality, including all point sources and nonpoint sources of pollutants (previously did not specify that the activities were to impact surface or ground water quality) and amends the examples of sources of pollution given to no longer include septic tank systems, golf courses, farms using fertilizers and pesticides, public and commercial lawns and gardens, and adds waste disposal sites and (2) all water withdrawals and transfers (was, all transfers into and from a river basin) required to be registered under the specified statute. Amends what is to be required of the water resources management plans, as follows: (1) now requires that if any of the waters in the river basin are designated as nutrient sensitive waters, then the plan must report on the status of those waters (was, the plan must establish a goal to reduce the average annual mass load of nutrients delivered to surface waters within the river basin from point and nonpoint sources); (2) requires the plan to report on the incremental progress toward achieving the established nutrient reduction goal (was, the plan must require incremental progress toward achieving the goal); and (3) adds the requirement that the plan provide surface and ground water resources to the extent known by DEQ, other withdrawals, permitted minimum instream flow requirements and evident needs, and pertinent information contained in local water supply plans and water shortage response plans. Requires plans to be updated at least every 10 years to account for changes in the already listed items as well as water quantity and advancements in water conservation and reuse. Adds that the North Carolina Environmental Management Commission may also include critical basin issues as they arise in the required report to the Environmental Review Commission. Amends that reporting requirement to now require a report on the progress in developing and implementing basinwide water resource management plans and on increasing public involvement and education to require the report to be submitted in even-numbered years instead of annually. Requires the report to include a written statement on water quality and quantity conditions (was, as to all concentrations of heavy metals and other pollutants in the state’s surface waters) identified in the course of preparing or revising the plans. Adds a provision identifying the 17 major river basins using US Geological Survey cataloging units.
Section 9
Amends GS 148-10 to give the Department of Public Safety, instead of DEQ, general supervision over the sanitary and health conditions of the central prison, over the prison camps, or other places of confinement of prisoners under the jurisdiction of the Division of Adult Correction and Juvenile Justice. Makes conforming repeal of the requirement to report to the Department of Public Safety.
Section 10
Amends GS 113A-61.1(c), which requires that when it is determined that a person engaged in land-disturbing activity has failed to comply with the Sedimentation and Erosion Control Program, the approving authority must immediately serve that person with a notice of violation. No longer requires the notice to be delivered in person when the person engaged in the activity has not received a previous notice of violation under the statute. Removes the provision that allowed a notice of violation to be served in the manner prescribed for service of process under GS 1A-1, Rule 4, when an approving authority is unable to deliver the notice of violation in person within 15 days following discovery of the violation. Effective October 1, 2021.
Part 11
Repeals the following subsections of GS 113A-65.1: (1) subsection (f), which made the issuance of a stop-work order a final agency decision subject to judicial review in the same manner as an order in a contested case and required the petition for judicial review to be filed in the superior court of the county in which the land-disturbing activity is being conducted and (2) subsection (h), which required the Attorney General to file a cause of action to abate the violations which resulted in the issuance of a stop-work order within two business days of the service of the stop-work order and set out the subsequent requirements and procedures. Effective October 1, 2021.
Part 12
Amends GS 125-2 to give the Department of Natural and Cultural Resources the duty to provide library services to readers of North Carolina who are unable to use standard print materials (was, provide library services to blind and physically handicapped readers). Makes conforming changes.
The Daily Bulletin: 2021-03-29
Applicable to Carteret County only, amends GS 105-472 to require allocation and distribution of local sales and use taxes collected using the ad valorem method (current law requires counties to annually choose the per capita or ad valorem method by resolution).
Applicable to Carteret County only, amends GS 105-472 to modify the per capita method used for the allocation and distribution of local sales and use tax proceeds to the county to include the county's seasonal population. Provides for calculation of the county and its municipalities' seasonal population, requires the Secretary of Revenue (Secretary) to use estimates provided by the county in its resolution adopted choosing the per capita method for tax allocation and distribution, calculated annually based on the number of rental properties, occupancy rooms, and campsites, multiplied by the average maximum capacity for each type of accommodation rental, plus an estimate of guests of permanent residents. Requires the county to keep records of the methodology, calculations, and sources of data used in determining the seasonal population estimates for three years, subject to Secretary inspection. Makes conforming changes regarding required resolution content. Specifies that the resolution estimates for seasonal population of the counties and its municipalities are final and not subject to review. Provides for the method of distribution and the previous seasonal population to control if the board of county commissioners fails to adopt a resolution choosing a method not then in effect in the county, fails to update the seasonal population estimates, or if a certified copy of the resolution is not timely delivered to the Secretary.
Authorizes the Secretary to retain the Department of Revenue's administration costs of up to $75,000 from the county's allocation of tax as reimbursement to the Department for the first fiscal year the county elects the seasonally-adjusted per capita method of distribution of local sales and use tax.
Authorizes the Town of Indian Trail Town Council to levy a room occupancy tax of up to 5%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 160A-215 (Uniform provisions for room occupancy taxes). Amends GS 160A-215 to require a referendum to be held regarding levying room occupancy taxes, and maintains the requirement of holding a public hearing before adopting the resolution to levy the tax (was, only required a public hearing before adopting the resolution). Adds an explicit authorization for the Town of Indian Trail Town Council to increase the occupancy tax rate by resolution after 10 days' public notice and hearing, at a rate not exceeding the rate approved by a referendum. Requires the Indian Trail Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the town and the remainder for other tourism–related expenditures (may include tourism-related capital expenditures). Mandates that at least one-third of the TDA’s members must be affiliated with businesses that collect the tax in the town and at least one-half must be currently active in the town’s travel and tourism promotion. Provides further parameters of TDA members, meetings and duties. Requires quarterly and end of year reports from the TDA to the Town Council.
Creates a new tax district for the part of the Town of Stallings that is located in Union County, to be called Stallings District S. Stallings District S is a body politic and corporate. Provides for the governance of that district by the Stallings Town Council and city officers. Authorizes the Stallings District S governing body to levy a room occupancy tax of up to 5%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 160A-215 (uniform provisions for room occupancy taxes). Amends GS 160A-215 to require a referendum to be held regarding levying room occupancy taxes, and maintains the requirement of holding a public hearing before adopting the resolution to levy the tax (was, only required a public hearing before adopting the resolution). Adds an explicit authorization for the governing board of Stallings District S to increase the occupancy tax rate by resolution after 10 days' public notice and hearing, at a rate not exceeding the rate approved by a referendum held pursuant to previously specified conditions. Requires the Stallings District S Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the district and the remainder for tourism related expenditures. Mandates that at least one-third of the members of the TDA must be affiliated with businesses that collect the tax in the district and at least one-half must be currently active in the district’s travel and tourism promotion. Provides further parameters of TDA members, meetings and duties. Requires quarterly and end of year reports from the TDA to the governing body.
Makes conforming changes to GS 160A-215.
Applicable to Chatham County Schools only, amends GS 115C-84.2(d) to allow a local board of education to align the calendar of schools located in the local school administrative unit with the calendar of a community college serving the city or county in which the unit is located, regardless of the statutorily required opening and closing dates. Applies beginning with the 2021-22 school year.
The Daily Bulletin: 2021-03-29
Actions on Bills: 2021-03-29
H 36: PROTECT THOSE WHO SERVE AND PROTECT ACT.
H 53: EDUC. CHANGES FOR MILITARY-CONNECTED STUDENTS.
H 132: JUVENILE CODE REV'S/CIP RECOMMENDATIONS.-AB
H 205: ABUSE & NEGLECT RESOURCES IN PUBLIC SCHOOLS.
H 212: SOCIAL SERVICES REFORM.
H 233: APPLICATION FOR A CONVENTION OF THE STATES.
H 271: EMINENT DOMAIN.
H 320: MODERNIZE REMOTE BUSINESS ACCESS.
H 356: SPEAKER/PPT APPOINTMENTS 2021.
H 405: REORGANIZE JUDICIAL DISTRICTS 30/30A/30B.
H 407: SOUTHEASTERN NC BUSINESS COURT ALJ.
H 408: REGULATION OF RAILROAD CREWS.
H 409: REVISE, STUDY, AND FUND LEP ALLOTMENT.
H 410: REPEAL CERTIFICATE OF NEED LAWS.
H 411: DRIVING WITHOUT INSURANCE/TOW VEHICLE.
H 413: IMPROVE DEBT COLLECTION UPON VEHICLE REG.
H 414: LPA TRANSACTION RATES AND COMPENSATION.
H 415: UPDATE CHIROPRACTIC LAWS.
H 417: THE SERGEANT MICKEY HUTCHENS ACT.
H 418: THREATEN LEO OR CORRECTIONAL OFFICER.
H 419: DISPOSITION OF UNCLAIMED OR SEIZED FIREARMS.
H 420: K-3 READING AND LITERACY IMPROVEMENT ACT.
H 424: JUVENILES/ELIMINATE LWOP/PAROLE ELIGIBILITY.
H 425: DEVELOPMENT REGULATIONS/MULTIJURISDICTION.
H 426: INDEPENDENT REDISTRICTING PROCESS.
H 427: FIREARM SAFE STORAGE AWARENESS INITIATIVE.
H 428: TEACHER LICENSURE/RETIRED EDUCATOR PROGRAM.
H 429: UNC LAW ENFORCEMENT ED. INCENTIVE.
H 430: SPECIAL OLYMPICS NC SPECIAL REG. PLATE.
H 431: FUNDS FOR SOIL/WATER CONSERVATION PROGRAMS.
H 432: NC ASSOC. OF FIRE CHIEFS SPECIAL REG. PLATE.
H 433: FUNDS/BELEWS LAKE REGIONAL PARK.
H 434: NORTH CAROLINA HEALING ARTS COMMISSION. (NEW)
H 435: SPECIAL REGISTRATION PLATES. (NEW)
H 436: SUPPORT LAW ENFORCEMENT MENTAL HEALTH.
H 437: FAIR MAPS ACT.
H 438: MAXIMUM FREIGHT TRAIN LENGTH.
H 439: CREDIT UNION FEES AND LATE PENALTY.
H 440: ADD VETERANS TREATMENT CT IN JUDICIAL DIST 4.
H 444: PFAS MITIGATION MEASURES COST REIMBURSEMENT.
S 211: AMEND WATER/SEWER RATE ADJUSTMENT MECHANISMS.
S 255: 2021 AOC LEGISLATIVE CHANGES.-AB
S 301: EXPAND EXPUNCTION ELIGIBILITY.
S 328: CONFIRM LT. GEN. WALTER GASKIN/SEC. DMVA.
S 350: NORTH CAROLINA INNOVATIONS WAIVER ACT OF 2021.
S 351: BE PRO BE PROUD NC PILOT PROGRAM.
S 352: FAYETTEVILLE MLK PARK/FUNDS.
S 353: MODERNIZATION OF DRUG COURT PROGRAM.
S 354: RESTORE FUNDING/STATE CONSERVATION PURPOSES.
S 355: GOVERNMENT TRANSPARENCY ACT OF 2021.
S 356: PERMANENCY INNOVATION INITIATIVE/FUNDS.
S 357: HELPING CONSUMERS IN CRISIS ACT.
S 358: C-PACE PROGRAM.
S 359: K-3 READING AND LITERACY IMPROVEMENT ACT.
S 360: PROHIBIT COLLUSIVE SETTLEMENTS BY THE AG.
S 361: AUTHORIZE ANIMAL SHELTER TRANSFERS.
S 362: IIANC SPECIAL REGISTRATION PLATE.
S 363: UNIFORM PARTITION OF HEIRS PROPERTY ACT.
S 364: AUTOMATIC VOTER REGISTRATION.
S 365: OPEN VENUES FOR RECEPTIONS AND PARTIES.
S 366: GROW PERFORMING ARTS.
S 367: UNC SELF-LIQUIDATING CAPITAL PROJECTS. (NEW)
S 368: TRANSFER ON DEATH DEEDS.
S 369: MAKE ELECTION DAY A STATE HOLIDAY.
S 370: CLEAR ROADBLOCKS TO I-77 TOLL RELIEF.
S 371: RESUME FUNDING ADULT & PEDIATRIC TBI PILOT.
S 372: ELECTRICAL LIC./BLDG. CODE/DEV. REFORM 2022. (NEW)
S 373: EXPAND VOLUNTARY HEALTH CARE SERVICES.
S 374: AUTH. USE OF BLUE LIGHTS ON FIRE APPARATUS.
S 375: CADC SUPERVISION REQS.
S 376: RESTORE LOTTERY FUNDING FOR SCHOOLS.
S 377: REMOVE FOREIGN CITIZENS FROM VOTING ROLLS.
S 378: EMINENT DOMAIN.
S 379: ISSUANCE OF UNREGISTERABLE CERT. OF TITLE.
S 380: INTERSTATE MEDICAL LICENSURE COMPACT.
S 381: THE SERGEANT MICKEY HUTCHENS ACT.
S 382: ADMINISTRATORS/LIFETIME LICENSURE.
S 383: RESTORE EDUCATOR LONGEVITY.
S 384: IMPROVE DEBT COLLECTION UPON VEHICLE REG.
S 385: LPA TRANSACTION RATES AND COMPENSATION.
S 386: EXPAND WORKFORCE HOUSING.
S 387: EXCELLENT PUBLIC SCHOOLS ACT OF 2021.
S 388: QUALIFYING FARMER ZOO SALES TAX EXEMPTION. (NEW)
S 389: DEQ/DNCR OMNIBUS.-AB
Actions on Bills: 2021-03-29
H 94: GRAHAM COUNTY OCCUPANCY TAX.
H 164: GREENSBORO/DEANNEXATION.
H 406: SPEC. SEP. ALLOWANCE/CERTAIN 25-YR LEOS. (NEW)
H 412: MAGGIE VALLEY/CANTON OCCUPANCY TAX. (NEW)
H 416: PARK SOUTH STATION TRAFFIC CITATIONS.
H 421: CHARLOTTE CITIZENS REVIEW BRD SUBPOENA POWER.
H 422: 2ND AMENDMENT PROTECTION ACT/CERTAIN COUNTIES.
H 423: EMER. MGT./POWERS/YADKIN/IREDELL COUNTIES.
H 441: REQUIRE AD VALOREM LOST DISTRIB./CARTERET.
H 442: SEASONALLY-ADJUSTED LOST DISTRIB./CARTERET.
H 443: INDIAN TRAIL/STALLINGS OCCUPANCY TAX AUTH.
H 445: SCHOOL CALENDAR FLEXIBILITY/CHATHAM COUNTY.
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