House committee substitute makes the following changes to the 2nd edition.
Changes the effective date of the provisions of Section 10 of the act, authorizing legal proceedings by audio and video transmission, from April 1, 2021, to the date the act becomes law. Makes technical changes to statutory cross-references in new GS 7A-49.6.
Adds the following content.
Amends GS 7A-20 to direct the Supreme Court to fix charges to litigants for document management as well as the reproduction of appellate records and briefs. Amends GS 7A-343.3 to provide for moneys collected through charges to litigants for document management to also be remitted to the State Treasurer and held in the Appellate Courts Printing and Computer Operations Fund, as is required of charges for reproduction of appellate records and briefs, to be used to support document management shop operations (was print shop operations) of the Supreme Court and the Court of Appeals.
Amends GS 1-239 to require judgement creditors to include the date and amount of the payment received in their notice to the clerk of superior court of any payment as required by the statute. Adds that a notice that includes multiple payments from the debtor must specify the date of each individual payment and the amount received on each date. Requires the clerk to promptly enter any such payments on the judgement docket, crediting each payment against the judgement as of the date received by the creditor (previously required prompt entering of the payment on the judgement docket). Adds the following. Requires proceeds paid to the clerk as a result of levy and an execution sale under Article 29B be credited and applied to the judgement as of the date the proceeds are received by the clerk, and funds paid to the clerk pursuant to the levy under execution without an execution sale credited and applied to the judgment as of the date the funds are collected.
Amends GS 1-310 to require a sheriff to separately note on the return of execution for a judgement requiring the payment of money (1) any amount collected without execution sale and the date of collection, and if multiple payments to the sheriff are collected on different sates pursuant to a single writ of execution, the individual dates of collection and the amount collected on each date, and (2) the date of levy and description of property levied and sole through execution sale pursuant to Article 29B.
Amends GS 1-339.70 to require proceeds paid by the sheriff to the clerk resulting from execution sale to be credited and applied to the judgement as of the date the proceeds are received by the clerk.
Amends GS 162-18 to require a sheriff who has collected money upon an execution placed in the sheriff's hands to immediately pay the same to the office of the clerk of the court from which the execution issued (previously alternatively allowed for payment to the plaintiff).
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 settlement agreements regarding issues at a civil proceeding or a mediation against a party if signed by the party's designee.
The Daily Bulletin: 2021-04-21
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The Daily Bulletin: 2021-04-21
House committee substitute amends the 1st edition as follows.
Revises the title of proposed Article 49I of GS Chapter 106 to Increasing Meat and Seafood Production and Capacity Grant Program.
Eliminates the directive for the State Controller to transfer $10 million for 2020-21 from the Coronavirus Relief Reserve and appropriates that amount from the Fund to the Office of State Budget and Management Services, to be allocated to the Department of Agriculture and Consumer Services (Department) for the purposes of this act that are compatible with COVID-19 Recovery Legislation. Instead, states legislative intent to appropriate $10 million from the Coronavirus Relief Fund for 2021-22 to be allocated to the Department, in accordance with federal COVID-19 relief legislation. Adds that the appropriations provisions of the act are not subject to the provisions of GS 143C-5-2, which governs order of appropriations bills.
Changes the act's long title.
House committee substitute makes the following changes to the 2nd edition. Amends the conditions that must be met in order for the previously specified establishments to open and operate their food and drink service for on-premises consumption, without additional restrictions, to require the establishment be properly licensed and permitted and hold all necessary State and local regulatory permits including, if applicable, any necessary ABC permits (removes the requirement that the establishment have been in existence on March 10, 2020).
| Intro. by Moffitt, Setzer, Mills, Zenger. | UNCODIFIED |
House committee substitute makes the following changes to the 1st edition.
Revises new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A, which requires a wireless services provider to give call location information for the device of a user to a requesting law enforcement agency or public safety answering point. Now more specifically limits the request to be made in an emergency situation involving an imminent risk of death or serious physical harm at the time of the request (previously did not require the imminent risk to be at the time of the request). Adds that call location data, as defined, obtained pursuant to the new Article is not admissible as evidence in a criminal prosecution unless a finding of emergency circumstances has been made pursuant to new GS 15A-300.11, as enacted, or the data is other admissible under another law or exception. Expands the immunity granted to the provider or other persons providing the call location data to include criminal immunity as well as civil immunity.
Enacts GS 15A-300.11 to allow a law enforcement agency requesting call location data under the new Article, or on whose behalf the data has been requested, to apply to the superior court within 72 hours of the initial request for a finding that emergency circumstances existed. Authorizes a superior court judge to enter an ex parte ruling if the judge finds that, at the time of the request, an emergency situation that involved an imminent risk of death or serious physical harm existed and only the amount of data reasonably necessary to prevent the imminent death or serious physical harm was requested.
| Intro. by Hurley, McNeill, Carter, C. Smith. | GS 15A |
House committee substitute amends the 1st edition as follows.
Enacts GS 115C-357.7, cited as the "Shannon Leigh Adcock, Steven Anthony Christos, and Samantha Davis Memorial Act." Establishes a legislative goal to encourage local boards of education to develop and provide seizure awareness training for all teachers and school personnel who can be responsible for students with epilepsy or students that are otherwise predisposed to seizures.
Changes the act's titles.
House committee substitute makes the following changes to the 1st edition.
Part I.
Amends GS 14-58, making second degree arson a Class E felony rather than a Class G felony.
Enacts new GS 14-59.1, making it a Class D felony to wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel, or procure the burning of a penal institution or its contents.
Eliminates the proposed repeal of GS 14-60, which makes the burning of schoolhouses or buildings of educational institutions a Class F felony.
Revises GS 14-62 to no longer specifically include warehouses, offices, shops, mills, barns or granaries, or any building, structure or erection used or intended to be used in carrying on any trade or manufacture in the specified buildings of which burning constitutes a Class F felony under the statute.
Further amends GS 14-62.2, expanding the Class E felony offense to include burning or causing to be burned, or aiding, counseling or procuring the burning of a synagogue, temple, longhouse, or mosque, or other building that is regularly used and clearly identifiable as a place for religious worship (previously specified church, chapel, or meetinghouse only).
Modifies new GS 14-62.3 to provide the penalties for wantonly and willfully setting fire to or burning or aiding, counseling, or procuring the burning of any commercial structure, now defined as any building or structure that is designed principally for the manufacture, distribution, or exchange of goods or services, or for any other business or trade purpose (was any building or structure that is not designed principally for residential purposes, or its contents).
Amends GS 14-66 to exclude burning of personal property in a commercial structure from the offense set forth in GS 14-66, punishable as a Class H felony.
Makes further technical changes.
Part II.
Revises the proposed changes to GS 14-69.3 to now provide that a person is guilty of a Class F felony for committing a felony under Article 15 (Arson and other burnings) where a firefighter, law enforcement officer, fire investigator, or emergency medical technician suffers serious physical injury while discharging (or attempting to do so) their official duties on the property, or proximate to the property, that is the subject of the individual's discharge of their respective duties. Defines serious physical injury to mean a physical injury that causes great pain and suffering, including serious mental injury. Makes conforming changes. Modifies the definition of emergency medical technician to include an advanced emergency medical technician rather than an emergency medical technician-intermediate.
Part III.
Modifies the proposed changes to GS 58-79-1 to no longer transfer the previous duties and authorities regarding investigations of the SBI Director to the Commissioner of Insurance. Instead, provides for either the SBI Director or the Commissioner of Insurance, through the Office of the State Fire Marshal, to supervise and direct the investigations when either deems it expedient or necessary. Now requires the investigating officer to notify and furnish a statement of facts to both the SBI Director and the Commissioner of Insurance, with both the Director and the Commissioner charged with keeping record of all reports submitted pursuant to the statute.
Further amends GS 58-79-5 to make language gender neutral.
Makes technical changes to other proposed changes to GS Chapter 58 in Part III to refer to the Office of the State Fire Marshal.
Part IV.
Corrects GS Chapter and Article references in new subsection (d1) of GS 143B-943 regarding criminal history checks of applicants to and current members of fire departments. Adds that the new subsection does not apply to an applicant for a paid or volunteer position with an emergency medical service.
Part V.
Makes organizational changes to the act's effective date provisions. Changes the effective date of Part IV from December 1, 2021, to the date the act becomes law.
Changes the act's long title.
House committee substitute amends the 1st edition as follows.
Modifies the added exceptions to the directives for the disposition net proceeds of the sale of State-owned lands under GS 146-30 regarding the net proceeds from the sale of land owned by or under the control of the Division of State Historic Sites and the Division of State History Museums in the Department of Natural and Cultural Resources (DNCR) and the net proceeds from the sale of land owned by or under the control of the Division of Tryon Palace Historic Sites and Gardens in DNCR. Revises the language used to refer to real property rather than land. Revises the statutory cross-references used. Adds two further exceptions as follows. Directs the net proceeds derived from the sale of real property from the Bentonville Battlefield State Historic Site owned by or under the control of the Division of State Historic Sites to be deposited in the Bentonville Battle Fund, used in accordance with the statute. Directs the net proceeds derived from the sale of real property from the NC Transportation Museum owned by or under the control of DNCR to be deposited in the NC Transportation Museum Fund, used in accordance with the statute (previously, both the Bentonville Battlefield State Historic Site and the NC Transportation Museum were excluded from the new exception).
Adds the following content.
Makes conforming changes to GS 121-7.7 (governing the State Historic Sites and Museums Fund); GS 121-7.5 (governing the Bentonville Battlefield Fund); and GS 121-7.6 (governing the NC Transportation Museum Fund).
Amends GS 121-21.1, expanding the authorized uses of funds in the Tryon Palace Historic Sites and Gardens Fund (Fund) to include the operation and interpretation at Tryon Palace Historic Sites and Gardens. Expands the Fund makeup to include revenues derived from donations, gifts, devises, grants, and admission and fees collected at Tryon Palace Historic Sites and Gardens (was, entrance fee receipts only), as well as the net proceeds derived from the sale of real property pursuant to the new exception in GS 146-30(d)(12).
Amends GS 143-260.10 to exclude the described parcel at Tryon Palace Historic Sites and Gardens from the State Nature and Historic Preserve.
Changes the act's long title.
House committee substitute makes the following changes to the 1st edition.
Increases the appropriation for the Independence Fund, Inc. from $500,000 to $1 million for 2021-22, and now characterizes the funds as a directed grant. Provides further parameters for the use of the funds to establish and implement a pilot program to expand the Veterans Justice Intervention (VJI) program, now requiring the program to work with the sheriff's departments in the specified counties, now expanded to also include Chatham, McDowell and Nash Counties, and the Charlotte-Mecklenburg Police Department. Makes conforming changes. Clarifies that the previously specified requirements of the grantee are conditions of the appropriation of the grant funds. Makes organizational changes. Adds defined terms. Establishes parameters for the directed grant, including requiring disbursement in a single payment within 30 days of the date the act becomes law and providing that the funds do not revert. Adds that the act is to be cited as the "No Veteran Left Behind Act." Changes the effective date of the act to the date the act becomes law (was, July 1, 2021).
House committee substitute makes the following changes to the 1st edition.
No longer specifies that the appointments are for the Business Courts. Modifies the confirmation of the appointment of Julianna Earp to provide for her term to commence upon confirmation to fill a vacant term that occurred on January 1, 2021, as well as a five-year term to commence on July 1, 2021. Makes conforming changes to the act's whereas clauses and the act's long title.
| Intro. by D. Hall. | JOINT RES |
House committee substitute to the 1st edition makes the following changes. Amends GS 163-166.7A, by adding that the State Board of Elections (State Board) is also required to develop the placard that contains voter education information in addition to ensuring that it is displayed as required by the act. Amends the required minimum content of the placard to clarify: (1) that unaffiliated voters may participate in a primary or second primary election for a political party of their choosing only if the party allows unaffiliated voters to participate in its primary; and (2) that the Board's phone number is toll free. Adds the requirement that the Board train the county boards of elections staff on the items on the placard at least 90 days before the beginning of each voting period; allows the training to be conducted virtually.
Amends GS 163-22 to require the State Board's telephone number for voting questions to be staffed by a State Board employee and operated at least from the time that voting places must be open through thirty minutes after the polls are closed (was, 7:00 a.m. to 7:00 p.m.) each day during the period from the first day ballots are available for voting under GS 163-227.10 (was, the first day mail-in absentee ballots are sent to voters) through election day.
Amends GS 163-82.24 to allow the State Board's trainings on voter education information as described in GS 163-166.7A, to be conducted virtually.
Adds an appropriation of $20,000 in recurring funds for each year of the 2021-23 biennium from the General Fund to the State Board for staffing the phone number for answering citizen calls on voting questions. Effective July 1, 2021.
Contains whereas clauses. Appropriates $2.5 million in fiscal year 2021-2022 from the General Fund to the Community Colleges System Office for audiovisual equipment in Edgecombe Community College’s new training and recruitment center. Effective July 1, 2021.
Amends GS 90-18.1 (authorizing physician assistants to prescribe medication) and GS 90-18.2 (authorizing nurse practitioners to prescribe medication) to change the circumstances under which physician assistants or nurse practitioners must consult with the supervising physician before prescribing a targeted controlled substance to include when the patient is being treated by a facility that primarily engages in the treatment of pain by prescribing narcotic medications (previously also include a facility that advertises in any medium for any type of pain management services). Effective October 1, 2021.
| Intro. by Moffitt, Potts, Sasser, Adcock. | GS 90 |
Contains whereas clauses. Supports statehood for Washington, D.C., encourages members of Congress to enact legislation providing statehood for Washington, D.C., and directs the North Carolina secretary of State to distribute this joint resolution to members of North Carolina’s congressional delegation, Clerk of the US House of Representatives, and Secretary of the US Senate.
| Intro. by Belk, Autry, Dahle, Logan. | JOINT RES |
Identical to S 688, filed 4/7/21.
Adds Article 9, Sports Wagering, to GS Chapter 18C, providing as follows.
Makes sports wagering legal. Defines sports wager or sports wagering as placing of wagers on any portion of a sporting event (professional sports, college sports, electronic sports, and amateur sports as well as any other approved event), or on the individual performance statistics of athletes in a sporting event or combination of sporting events, by any system or method of wagering, that may include in-person, over the internet through websites, or mobile devices. This also includes single-game wagers, teaser wagers, parlays, over-under, moneyline, pools, exchange wagering, in-game wagering, in-play wagers, proposition wagers, and straight wagers. Excludes: (1) pari-mutuel sports wagering on horse racing as authorized under GS 14-292.2 and (2) fantasy or simulated games or contests. Specifies that this also does not authorize: (1) wagering involving youth sports; (2) wagering on the occurrence of injuries, penalties, outcome of disciplinary proceedings against a sporting participant, or outcome of replay reviews; and (3) the Commission serving as an operator of a sports wagering platform. Gives the the North Carolina State Lottery Commission (Commission) or the Department of Revenue (DOR) authority, upon request and with notice, to audit an interactive sports wagering operator or its service providers as related to the wagering activities. Allows commercial agreements between a sports governing body on whose sporting events sports wagering is authorized and interactive sports wagering operators or other entities in which the sports governing body may share in the amount bet from sports wagering on the governing body's sporting events.
Requires a sports wagering license before offering or accepting sport wagers. Requires the Commission to authorize 10-12 interactive sports wagering operators to offer and accept wagers to and from registered players on sporting events. Sets out licensing application procedures and requirements, including paying a $500,000 licensing fee and undergoing a credit history check, tax record check, and criminal history record check. Prohibits licensure of a person who has been convicted, or a key person of the applicant has been convicted, of a felony or any gambling offense in any state or US federal court within 10 years of application or renewal. Requires the Commission to select the best qualified applicants for licensure and sets out factors that are to be considered in making the selection. Allows licensure, without further examination, of a person holding a license issued by another state having comparable licensing requirements. Requires application decisions to be made in 60 days. Sets out five categories of applicant information that will be public record, including the name of key persons, whether the application was approved or denied, and the documented history of working to prevent compulsive gambling.
Requires a service provider license before providing covered services to an interactive sports wagering operator. Defines covered services as any service involving the operation, management, or control of sports wagers authorized by this Article, including the development or operation of the sports wagering platform and the provision of odds and line information, excluding the following: payment processing and similar financial services, customer identity, age verification, geolocation services, streaming or other video and data that does not include odds or line information, telecommunications, internet service provision, and other similar services not specifically designed for sports wagering, and other goods or services not specifically designed for use in connection with sports wagering. Excludes from this license requirement an interactive sports wagering operator who provides covered services in-house. Sets out licensing application procedures and requirements, including paying a $25,000 licensing fee and undergoing a credit history check, tax record check, and criminal history record check. Requires an application decision in 60 days. Prohibits licensure of any applicant who has been convicted, or a key person of the applicant has been convicted, of a felony or any gambling offense in any state or federal US court within 10 years of application or renewal. Allows licensure, without further examination, of a person holding a license issued by another state having comparable licensing requirements. Specifies eight grounds for denying licensure. Sets out three application items that will be public record.
Licenses are valid for five years. Sets out the procedure for renewing the license, including paying a renewal fee of $100,000 for an interactive sports wagering license and $10,000 for a service provider license. Sets out grounds for denial of a renewal.
Sets out nine duties of an interactive sports wagering operator and its service providers, including: preventing persons who are not registered players from placing sports wagers through its sports wagering platform, preventing persons who are not physically located in the state from placing a wager through its sports wagering platform, establishing procedures to detect suspicious or illegal sports wagering activity, and providing for the reporting of income tax of registered players where required by applicable State or federal law. Sets out records that must be retained for three years and requires the records to be disclosed to the Commission when requested. Lists information that the interactive sports wagering operators must share with a sports governing body when the body has notified the Commission that real-time information sharing for sports wagers placed on events is necessary. Sets out requirements for the advertising of the sports wagering platform including that it not target persons under age 18. Establishes background check requirements for new employees of interactive sports wagering operators. Requires interactive sports wagering operators to use commercially reasonable methods to maintain security of wagering data, registered players and other customer data, and any other confidential information.
Requires being a registered player to deposit cash or cash equivalents, or to place a sports wager, with an interactive sports wagering operator. Sets out requirements for the registered players' interactive account and limits registered players to one interactive account with each interactive sports wagering operator. Sets out seven classes of individuals who are prohibited from engaging in sports wagering, including: a person under age 21; any Commission member, officer, or employee if placing a sports wager in this state; any employee or key person of an interactive sports wagering operator or service provider licensee when placing sports wagers with that interactive sports wagering operator; and any participant in the sporting event being bet on. Sets out conditions under which a registered player's interactive account may be suspended or terminated.
Allows a sports governing body to request in writing that the Commission restrict, limit, or exclude a certain type, form, or category of sports wagering with respect to the body's sporting events, if the body believes that the type, form, or category of sports wagering may undermine the the sporting event's or body's integrity. Requires the request to be granted upon demonstration of good cause that the wagering is likely to undermine the body's or event's integrity. Sets out additional guidelines governing this process. Requires the Commission and interactive sports wagering operators to cooperate with investigations conducted by sports governing bodies or law enforcement agencies. Provides that interactive sports wagering operators are not required to use official league data to determine: (1) the results of tier one (a wager that is determined solely by the final score or final outcome of the sporting event and is placed before the event begins) sports wagers on sporting events of any organization whether headquartered in the United States or elsewhere or (2) the results of tier two (anything other than a tier one) sports wagers on sporting events of organizations that are not headquartered in the United States. Allows a sports governing body to notify the Commission that it wants interactive sports wagering operators to use official league data to settle tier two sports wagers on sporting events of such sports governing body; sets out the process to be followed when such a request is made.
Allows the Commission to take the following actions, after notice and hearing, when a license holder violates the Article: (1) suspend or revoke the license; and/or (2) impose a penalty of up to $10,000 for each violation.
Sets out the following criminal penalties: (1) Class 2 misdemeanor to knowingly offer or engage in sports wagering in violation of this Article or for a person under age 21 to engage in sports wagering, (2) Class G felony to knowingly attempt to influence the outcome of any competition or aspect of any competition that is the subject of sports wagering, and (3) Class I felony for any license applicant to willfully give false information on the interactive sports wagering license application.
Imposes an 8% tax on each interactive sports wagering operator's gross revenue. Requires 50% of this collected tax to be remitted to the North Carolina Major Events, Games, and Attractions Fund.
Allows individuals to voluntarily exclude themselves from placing sports wagers through a program to be established by the Commission; requires interactive sports wagering operators to use reasonable means to comply with the exclusion of individuals participating in the program. Requires the Commission to adopt rules to establish the program, subject to five specified requirements, including requiring a process by which participants can petition for removal from the program.
Requires the Commission to adopt rules that allow but do not require interactive sports wagering operators and their service providers to employ systems that offset loss or manage or lay off risk. Allows sports facility owners or operators to establish a place of public accommodation for the purpose of accessing a sports wagering platform through mobile devices, computer terminals, or similar access devices; set out requirements for the location of such accommodations.
Requires that all sports wagering authorized under this Article be initiated, received, and otherwise made within this state unless otherwise determined by the Commission. Deems the activities allowed under this Article to be conducted solely under this Article's authority, not under the federal Indian Gaming Regulatory Act. Deems a tribal gaming enterprise an interactive wagering operator upon submitting an application, paying the required fees, and entering into an agreement that contains the specified content. Specifies that a tribal gaming enterprise deemed an interactive sports wagering operator does not count towards the total number of authorized interactive sports wagering operators in this state.
Adds new Part 2L, under Article 10B of GS Chapter 143B, establishing the North Carolina Major Events, Games, and Attractions Fund (Fund). Sets out NCGA findings. Allows the Department to enter into multiparty agreements with site selection organizations and local entities to provide grants from the Fund. Sets out nine conditions to be met, including that the economic activity directly or indirectly attributable to the major event is sufficient to justify the use of State funds to attract or retain the event in this state, and that a grant is necessary to attract or retain the major event to the state. Defines a major event as an entertainment, musical, political, sporting, or theatrical event where: (1) the event is held at a sports facility or is sponsored by the specified golf associations, (2) the event is not held more often than annually, (3) the location of the event is determined by a site selection organization through a competitive process, (4) the site selection organization considered multiple sites located outside of the state, and (5) the site selection organization selected a site within this state as the sole location for the event. Sets out the process under which a local entity can apply for a grant. Requires the Department to report annually on the Fund to the specified NCGA committees and division. Requires the Department to conduct a study to determine the minimum funding level needed to successfully implement the Fund; requires reporting the study results to the specified NCGA committees and division annually. Sets out the process under which the Department, with the Governor, is to establish guidelines for the administration of the Fund, for the selection of projects, and for the disbursement of grants.
Amends GS 18C-114 by making conforming changes to the Commission's powers. Amends GS 18C-120 to make conforming changes by allowing the State Lottery Director to conduct background investigations of interactive sports wagering operators. Amends GS 143B-947 to allow the Department of Public Safety to provide the Commission and Director with criminal histories for prospective sports wagering operators or service providers; also allows fingerprints of potential interactive sports wagering operators to be forwarded to the SBI for a criminal history record search.
Includes a severability clause.
Requires the Commission to adopt temporary rules to implement the Article. Allows the Commission to accept and issue applications for licensure in accordance with the Article, with licenses becoming effective October 1, 2021. Requires selecting the applicants that will maximize revenue to the State while preserving the integrity of sports wagering and ensuring accountability and preserving the public trust in licensed sports wagering activities, if more than 12 completed applications are received. Effective when the act becomes law.
Effective October 1, 2021, unless otherwise indicated.
Directs the Environmental Management Commission (Commission) and the Department of Environmental Quality (DEQ) to implement the "Protection of Existing Buffers Rules" (defined by various rules as identified in the NCAC; Rules) whereby the Commission provides a minimum riparian buffer of 100 feet unless the Commission specifically finds, based on findings of fact specific to the river basin or stream segment, that such a riparian buffer would provide no additional water quality, flood prevention, or flood mitigation benefits over the buffers currently in the Rules. Directs the Commission to adopt rules consistent with the described directive.
Repeals GS 143-214.23A, Limitations on local government riparian buffer requirements, and GS 143-214.7C(a)(1), which prohibits DEQ from requiring mitigation of impacts to an intermittent stream.
| Intro. by von Haefen | UNCODIFIED, GS 143 |
Reenacts GS 105-129.16A as it existed immediately before its expiration in 2016 and amends the statute as follows. Grants a taxpayer that has constructed, purchased, or leased qualifying solar energy equipment, as defined by statutory cross-reference (was, "renewably energy property"), a credit equal to 35% of the cost of the equipment if the equipment is placed in service in the State during the taxable year. Makes conforming changes to reflect the change in terminology to qualifying solar energy equipment. Modifies the nonbusiness credit ceilings to no longer include an $8,400 ceiling for each installation of geothermal equipment or a $10,500 ceiling for each installation of any other renewable energy property. Eliminates subsections (e) through (h), which provide for outdated sunset provisions. Effective for taxable years beginning on or after January 1, 2021.
| Intro. by von Haefen. | GS 105 |
Directs the Department of Environmental Quality (DEQ) to readopt the Idling Rule (15A NCAC 02D .0101, Heavy-Duty Vehicle Idling Restrictions, repealed by DEQ on November 1, 2016) as it existed prior to its repeal, with necessary adjustments in organization and content to comply with State or federal law.
Makes conforming repeal of Section 4.24 of SL 2015-286 which directed DEQ to repeal the Idling Rule.
| Intro. by von Haefen, Hurtado, Hawkins, Harris. | UNCODIFIED |
Prohibits any agency of the State, including the specified entities, from issuing a permit for oil or gas exploration or development activities using horizontal drilling and hydraulic fracturing treatments. Makes conforming changes and deletions in GS 113-391, GS 113-391.1, GS 113-393, GS 143-214.2, and GS 113-395.
Repeals GS 113-415.1, which invalidated local ordinances regulating oil and gas exploration, development, and production activities.
Applies to any application for a permit for oil and gas exploration and development activities received by any agency of the state on or after that date.
Appropriates $10 million for 2021-22 from the General Fund to the Department of Commerce (DOC) to be allocated to the NC Clean Energy Innovation and Research Fund established in this act, for clean energy innovation and research grants. Appropriates $4.5 million for 2021-22 from the General Fund to DOC for the One North Carolina Fund to provide competitive grants for support of clean energy and energy efficiency innovation, entrepreneurship, and small business development in the clean energy sector. Provides that appropriated funds that are not spent or encumbered by June 30, 2025, revert to the General Fund.
Adds new Part 2L, Clean Energy Innovation and Research Fund, in Article 10 of GS Chapter 143B, providing as follows. Establishes the NC Clean Energy Innovation and Research Fund (Fund) in DOC and makes the Office of Science, Technology and Innovation in the Department responsible for administering the Fund. Requires DOC to make grants from the Fund to private businesses with fewer than 100 employees, nonprofit organizations, local governments, and State agencies to encourage the expansion of small to medium-size businesses with fewer than 100 employees that will help grow a green economy in the State. Requires the Fund to be used for clean energy and energy efficiency innovations and research and for the development of small businesses and encouragement of entrepreneurship in these areas. Sets out three priority areas. Allows setting a cap on the grant amounts and requiring private business to provide matching funds. Allows DOC to adopt rules for the Fund's administration. Allows the specified amount of funds to be used to administer the Fund.
Effective July 1, 2201.
Section 1
Enacts new Article 8D, Compost Procurement and Use by State Agencies and Local Governments, to GS Chapter 143. Sets forth five defined terms and four legislative findings.
Establishes requirements for State agencies and local governments planning a construction or infrastructure project using State funds that includes a landscaping component. Requires inclusion of compost and compost products where possible in the bid specifications or contract to replace the use of topsoil or reduce the need for nutrient supplementation for landscape plantings. Requires the use of compost or compost products when they meet the applicable contract specifications and other applicable health and safety standards and are comparable in price to the materials the compost or compost products will replace; provides three exceptions. Requires compliance with pest control rules adopted by the Department of Agriculture and Consumer Services (DACS) prior to transportation or application of compost. Requires priority be given to purchasing certified compost or compost products from companies located in the State.
Requires local governments administering a composting program for residential yard and food scraps collected by the local government to enter into a purchasing agreement with its compost processor to buy back finished compost products for use in governmental projects, on government land, or by local residents on local property in the jurisdiction. Encourages the local government to incorporate compost in all soil project specifications. Authorizes local governments to enter into collective purchasing agreements if doing so is more cost effective or efficient.
Section 2
Establishes the Compost Reimbursement Pilot Program (program) within DACS to provide grants during the 2021-22 and 2022-23 fiscal years. Authorizes one time-limited position for administration. Allows for farming operations, as defined, to be reviewed by DACS for eligibility to apply for cost reimbursement for the purchase and use of compost or compost products, including transportation equipment, soil, testing and labor costs. Provides for application requirements. Restricts farming operations to one application per year for purchased made and usage costs incurred during the fiscal year. Limits reimbursements to the lesser of 50% of eligible costs, as defined, or $10,000. Prohibits reimbursement in three specified situations, including for compost or compost products produced by the farming operation. Requires DACS to prioritize small farming operations as measured by acreage in awarding reimbursement. Requires recipients to indemnify the State and its officers, agents, and employees from all claims arising out of or resulting from the compost products purchased that are reimbursed under the act. Directs DACS to annually report to the specified NCGA committee each fiscal year in which reimbursements are provided. Specifies required content of reports. Appropriates $100,000 from the General Fund to DACS for 2021-22 for the program. Effective July 1, 2021, and expires June 30, 2025.
| Intro. by Ager. | APPROP, UNCODIFIED, GS 143 |
Includes whereas clauses.
Amends GS Chapter 62, Article 7 (rates of public utilities) to add new section GS 62-133.10A establishing a state goal that 100% of North Carolina's electricity be generated by renewable energy resources by December 31, 2050. Requires the State Energy Office, in consultation with the North Carolina Utilities Commission and the Public Staff, to develop a plan to achieve that goal, and to submit its plan to the 2022 Regular Session of the 2021 General Assembly upon its convening.
| Intro. by Autry, Harrison, Belk, A. Jones. | GS 62 |
Appropriates $400,000 in recurring funds and $9,180,066 in nonrecurring funds for 2021-22 from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS), to be allocated in the specified amounts to the six named nonprofit corporations that provide opioid use disorder treatment. Requires fund recipients to report expenditures by April 1, 2022, to the DMH/DD/SAS. Requires DMH/DD/SAS to report this information by May 1, 2022, to the specified NCGA committee and division. Effective July 1, 2021.
| Intro. by Sasser. | APPROP |
Amends GS 143-215.22L, which regulates surface water transfers, as follows. Prohibits public water systems within the same receiving river basin that are part of an interlocal agreement or other regional water supply arrangement from adding together the individual transfer amounts for each system when determining whether a certificate is required under the statute for the transfer, or an increase in the transferred amount, of water from one river basin to another. Amends the requirements related to providing notice of public meeting and opportunity to comment on the scope of the environmental documents when an applicant files a notice of intent to file a petition for a proposed transfer to require the Department of Environmental Quality (DEQ) to create, maintain, and annually update a list of newspapers of general circulation for each county; requires designating at lease one newspaper for each county and making the list available online. Deems publication of notice in the designated newspaper for the county as compliant with the notice requirement with respect to: (1) an applicant's publication of the notice of intent to file a petition, for each county in which notice must be published; (2) the Commission's publication of notice of the public hearing on the draft environmental document, notice of its draft determination on the applicant's environmental document, or notice of public hearing on the North Carolina Environmental Management Commission's (EMC) draft determination, for the county or counties in which these notices must be published; and (3) any requirement that publication also be made in a newspaper of general circulation in any city within that county. Requires the notice of the public hearing on the draft environmental document for a proposed interbasin transfer to indicate that the administrative review of the environmental document will be limited to issues raised in the written comments that are submitted. Provides that a decision on the completeness and adequacy of the environmental document is only subject to review in a contested case on the decision of the EMC to issue or deny a certificate under this statute when the petition for a contested case is filed by a person who previously submitted written comments objecting to the completeness or adequacy of the environmental document and setting out the reason, and any administrative hearing on the contested case must consider only the objections set out in the petitioner's previously submitted written comments.
Requires that the request to appoint a mediation officer be made during the comment period on the draft environmental document and before the determination of its adequacy and requires an interested party who is among those allowed to make the request to have timely submitted written comments on the petition. Requires that the notice of a public hearing on a draft determination include a statement that administrative review of the completeness, adequacy of notice, and alternative analysis of the draft determination will be limited to issues raised in submitted written comments.
Adds the following to the issues that the EMC must consider when determining whether to issue a certificate for the transfer: (1) whether the applicant's petition for a certificate is complete and in accordance with the statute's requirements of this section and (2) whether the applicant materially and substantially complied with all requirements for notice to be given by the applicant. Makes the determination of these two factors subject to review in a contested case challenging the decision to issue or deny a certificate initiated by a person who previously submitted written comments pursuant to the subsection objecting to the EMC's draft findings and these newly required conclusions of law and setting out the basis for each objection, and any administrative hearing on the contested case shall consider only the objections set out in the petitioner's previously submitted written comments. Amends the issues that must be established by a preponderance of the evidence before the EMC will grant a certificate for a water transfer, by adding that the finding that there are no reasonable alternatives to the proposed transfer is reviewable in the same manner and subject to the same requirements as those added for the review of the specified issues when determining whether to issue a certificate for the transfer. Makes administrative review of a final decision on a petition for a certificate governed by GS Chapter 150B.
Adds that when the Secretary of Environmental Quality finds: (1) that an acute emergency event such as a major equipment failure or system damage caused by a natural disaster has caused a water supply problem and (2) that there is not adequate time to comply with the provisions of the statute governing emergency transfers, a temporary transfer may be approved not to exceed 25% of any transfer limits of an existing certificate, or, if there is no certificate, not to exceed 25% of any transfer limits under the statute. Limits the duration of the transfer to two weeks, with a two-week extension allowed upon written request and for good cause shown, but prohibits the temporary transfer from being allowed for more than 60 days in total. Sets out required actions by the Secretary for the approval of the temporary transfer. Allows specifying conditions required to protect other water users. Specifies that a drought is not considered an acute emergency event.
| Intro. by Yarborough, Brody, Arp. | GS 143 |
Appropriates $250,000 for 2021-22 to the Department of Natural and Cultural Resources to be allocated to the Division of Parks and Recreation for electric vehicle charging stations at units of the State Parks System that do not already have a station. Defines an electric vehicle charging station as charging equipment installed adjacent to a space in a parking lot designated for the purposes of electric vehicle charging that has as its primary purpose the transfer of electric energy to a battery or other energy storage device in an electric vehicle. Effective July 1, 2021.
| Intro. by von Haefen, Warren. | APPROP |
Section 1
Titles the act as the "Down Syndrome Organ Transplant Nondiscrimination Act."
Section 2
Enacts Part 4A to Article 16, GS Chapter 130A as follows. States legislative findings and state policy. Sets forth six defined terms.
Makes it unlawful for a covered entity, defined as any licensed provider of health care services or any entity responsible for matching anatomical gift donors to potential recipients, to do any of the following acts solely on the basis of an individual's disability: (1) consider an individual ineligible to receive an anatomical gift or organ transplant (as defined); (2) deny medical services or other services related to organ transplantation; (3) refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant; (4) refusing to place a qualified recipient (as defined) on an organ transplant waiting list; (5) placing a qualified recipient on an organ transplant list at a lower priority position than if the individual did not have a disability; and (6) refusing insurance coverage for any procedure associated with begin evaluated for or receiving an anatomical gift or organ transplant. Defines qualified recipient to mean an individual who has a disability and meets the eligibility requirements for the receipt of an anatomical gift with or without assistance or policy modification sas specified. Permits a covered entity to take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift; excludes the individual's inability to independently comply with post-transplant medical requirements from being a medically significant if the individual has the necessary support system to assist the individual in compliance.
Directs covered entities to reasonably modify their policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, unless the entity demonstrates the modifications would fundamentally alter the nature of the services. Directs covered entities to ensure an individual with a disability is not denied medical services or other services related to organ transplantation due to absence of auxiliary aids or services (as defined), unless the entity demonstrates that takes these steps would fundamentally alter the nature of the services or would result in an undue burden for the covered entity.
Makes the above provisions applicable to all stages of the organ transplant process. Specifies that the new Part does not require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.
Allows an individual affected by a covered entity's violation of the Part to bring an action for injunctive and other equitable relief against the covered entity, as specified. Directs courts to give priority to the actions for expedited review, and authorizes the court to require that auxiliary aids or services be made available for a qualified recipient, require the modification of a policy, practice, or procedure of a covered entity, and require facilities be made readily accessible to and usable by a qualified recipient. Bars awarding compensatory or punitive damages for violations of the Part. Specifies that the Part does not limit or displace available remedies under the Americans with Disabilities Act.
Applies to anatomical gifts that become available for transplantation on or after October 1, 2021.
Section 3
Enacts GS 58-3-256, prohibiting insurers from offering a health benefit plan that provides coverage for anatomical gifts, organ transplants, or treatment and services related to anatomical gifts or transplants which: (1) denies coverage to an insured solely on the basis of that individual's disability; (2) denies coverage to an individual eligibility, or continued eligibility, to enroll or to renew enrollment coverage under the terms of a health benefit plan solely for the purpose of avoiding the requirements of the statute; (3) attempting to induce a health care provider or provide care to an insured in a manner inconsistent with the statute by penalizing a health care provider or providing incentives to a health care provider; or (4) reducing or limiting health benefit plan coverage benefits to an insured for any services related to organ transplantation performed determined to be necessary in consultation with the attending physician and the insured. Specifies that any amendment to a health benefit plan made pursuant to a collective bargaining agreement solely to conform with the statute is not a termination of the agreement. Clarifies that the statute does not require an insurer to provide coverage for a medically inappropriate organ transplant. Recodifies GS 58-3-102(b) as subsection (c) of new GS 58-3-256, which requires an insurer to respond to an insured's request (or request made on behalf of the insurer) regarding coverage for transplants under that person's health benefit coverage within 10 business days of receipt of the request and necessary medical documentation to determine coverage. Repeals the remainder of GS 58-3-102 (which defines insurer). Applies to insurance contracts entered into, renewed, or amended on or after October 1, 2021.
Effective October 1, 2021.
Includes whereas clauses. Enacts GS 58-3-222 as follows.
Establishes an annual process beginning in 2022 for determining the referenced rate, defined as the maximum rate established by the Commissioner of Insurance using the Wholesale Acquisition Cost and other pricing data, for referenced drugs, which are 250 of the most costly prescription drugs for members of the State Health Plan for Teachers and State Employees (SHP) for a particular calendar year. Provides for the State Treasurer to annually provide a list of the 250 costliest prescription drugs to the Commissioner, who must determine the referenced rate by comparing the wholesale acquisition cost to the cost on each of the four identified lists and formularies and calculated as the lowest cost among them, and annually create and publish a list on the Department of Insurance's website of the 250 referenced drugs and each drug's referenced rate for the next calendar year. Provides guidance for instances in which a particular referenced drug is not priced on the lists and formularies specified.
Permits an ERISA plan (a health plan qualified under the Employee Retirement Income Security Act of 1974) to elect for its purchase of prescription drugs to be subject to the statute and notify the Commissioner in writing annually of its election. Prohibits health benefit plans that are not ERISA plans and participating ERISA plans from purchasing referenced drugs to be dispensed or delivered to an insured in the State for a cost higher than the referenced rate.
Directs the Commissioner to calculate annually the savings that are expected by imposing the referenced rate; requires the Superintendent of Insurance to consult with the State Treasurer and the Chair of the NC Board of Pharmacy. Requires State entities (as defined), health benefit plans that are not ERISA plans, and participating ERISA plans to use the savings derived from using the referenced rate to reduce costs to insured and annually report its savings to the Commissioner, as specified.
Makes violations punishable by a fine of up to $1,000, with individual transactions considered separate violations. Provides for an affirmative defense to an enforcement action whereby a manufacturer or distributor refuses to negotiate in good faith a price for a referred drug within the referenced rate; requires reporting to the Attorney General.
Includes a severability clause.
Applies to health benefit plan contracts entered into, renewed, or amended on or after October 1, 2021.
| Intro. by Insko, White, Hurtado, Harrison. | GS 58 |
Enacts Part 3A, Remote Academies, to Article 16, GS Chapter 115C, as follows. Allows for local boards of education to apply to the State Board of Education (State Board) for approval of remote academies, defined as a public school that provides a majority of instructional hours through remote instruction (as defined) to all students enrolled in the school. Caps total enrollment in remote academies to no more than 10% of the total student enrollment in that unit. Establishes caps for the number of remote academies per local school administrative unit based on student enrollment at the time of application, ranging from one to five remote academies authorized. Prohibits a local board from providing a majority of instructional hours through remote instruction in a school except as in provided in new Part 3A. Requires remote academies to meet all other requirements of public schools, except as provided in new Part 3A. Does not require remote academies to provide transportation or food services to enrolled students. Permits a remote academy to include any combination of grade levels. Details student eligibility to attend a remote academy, with an emphasis on parent commitment to provide connectivity for an accepted student. Requires the remote academy to provide needed hardware and software for participation at no cost except for damage or loss. Provides for limited in-person requirements, such as State-mandated student assessments. Directs the State Board to establish minimum requirements for student monitoring by rule as specified.
Details the remote academy approval process, including submission of a plan that addresses ten required components, review by the State Board and approval for a period of five years, with renewals permitted in five-year terms upon resubmission of an application. Grants the State Board authority to revoke approval for substantial noncompliance with the Part or the approved plan. Requires State Board written approval for plan modifications. Requires approved remote academies to be receive a school code and an assigned principal. Provides for annual evaluation of remote academies by the State Board; directs the State Board to annually report to the specified NCGA committee on the evaluations.
Requires the State Board to adopt emergency implementing rules for the 2021-22 school year only. Directs the State Board to make its first evaluation report by November 15, 2022.
Applies beginning with the 2021-22 school year.
| Intro. by Elmore, Saine, Torbett. | GS 115C |
The Daily Bulletin: 2021-04-21
House amendments make the following changes to the 4th edition.
Amendment #2 deletes the proposed changes to GS 7A-30 regarding appeals of right from certain decisions of the Court of Appeals.
Amendment #1 revises the required content of the proposed annual reporting requirement of the Director of the Administrative Office of the Courts regarding appeals of termination of parental rights cases set forth in GS 7A-343(16). Now requires the report to include, among the content not revised, the number of notices of appeal for termination of parental rights cases that were properly filed with the trial court (was, with the Court of Appeals), the date on which each notice of appeal for a termination of parental rights case was filed (was, with the Court of Appeals) and the date that the record was filed with the Court of Appeals, and the age of termination of parental rights cases measured by the date the notice of appeal was filed (was, with the court) and the date the record was filed with the court.
Senate committee substitute amends the 1st edition as follows.
Further amends the definition of modified utility vehicle in GS 20-4.01, which is a cognate of passenger vehicle in GS Chapter 20, to alternatively include a custom-built motor vehicle rather than a manufactured motor vehicle that meets the other specified criteria, as amended.
Revises the proposed changes to GS 20-121.1 to explicitly prohibit modified utility vehicles from operating on any street or highway having four or more travel lanes (previously, lanes) unless the posted speed limit is 35 mph or less (was, regardless of the posted speed limit). Makes technical changes.
Changes the act's short title.
| Intro. by Jarvis, Sawyer, Johnson. | GS 20 |
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 166A-19.30 by adding that if the Council of State fails to concur with the Governor's executive order exercising power under (a), (b), and (c) of the statute, then the Governor is prohibited from issuing a substantially similar executive order arising from the same events that form the basis to issue the initial executive order that did not receive concurrence.
| Intro. by Rabon, Burgin, Ford. | GS 166A |
Senate committee substitute to the 1st edition amends the effective date of the act. Now provides for the act to become effective on the date the act becomes law, and apply to consent judgments, settlement agreements, or other agreements that would dispose of a dispute, claim, or controversy entered on or after that date (was October 1, 2021, and applied to disputes, claims, and controversies arising on or after that date).
| Intro. by Hise, Daniel, Newton. | GS 114 |
Senate committee substitute makes the following changes to the 1st edition.
Deletes the proposed content of GS 15A-502.01 and now provides as follows. Explicitly provides that a booking photograph, defined as a photo or image of an individual who is alleged to have committed a crime that is taken by law enforcement at the initial booking and maintained for identification purposes, is not public record. Prohibits a law enforcement agency from providing a copy of a booking photograph of a defendant pretrial in any format except for the five circumstances identified by the statute, including (1) for law enforcement purposes, as defined, (2) to comply with discovery requirements, (3) for use in criminal proceedings in district court, (4) to comply with a court order, and (5) to fulfill a request for a copy of the booking photograph pursuant to the statute. Establishes procedures for a person to request a copy of a booking photograph by applying to the head of the custodial law enforcement agency, and requires the applicant to sign an affidavit attesting that the photo will not be placed in a publish-for-pay publication or posted to a publish-for-pay website (as those terms are defined). Mandates that a publish-for-pay publication or website remove and destroy a booking photograph of any individual who submits a request for removal and destruction pursuant to GS 15A-152(a1), as enacted. Provides that conditioning removal upon payment of a fee or other item of value can constitute a criminal offense and subject the entity to a civil penalty under GS 15A-152(c), as amended.
Deletes the proposed changes to GS 15A-152, concerning civil liability for dissemination of certain criminal history information, that specified that it does not apply to booking photographs. Instead amends the statute as follows. Enacts new subsection (a1), explicitly requiring a publish-for-pay publication or website to remove and destroy any booking photograph within seven business days of receiving notice to remove the booking photograph if there is no criminal conviction related to the arrest that generated the photograph and the individual submits with the request written documentation that the criminal charge related to the arrest that generated the photograph resulted in a dismissal, acquittal, expunction, or that the grand jury returned no true bill on a proposed indictment. Amends subsection (c) to make a publish-for-pay publication or website that fails to remove and destroy a booking photograph liable for any damages sustained as a result of the violation by the person that is the subject of the booking photograph, including $100 per day for each day after the seven-day deadline on which the photo is visible or publicly accessible in the publish-for-pay publication or website, with the prevailing party also entitled to court costs and reasonable attorneys' fees. Provides that this liability is in addition to other punishment or penalty under law.
Deletes the proposed changes to GS 132-1.4, which deems specified records of criminal investigation not public records, and instead amends the statute as follows. Expands the definition provided for records of criminal investigations to include booking photographs of a defendant pretrial. Makes technical changes.
Maintains the act's effective date of October 1, 2021, except provides that subsections (b) and (c) of new GS 15A-502.01 (providing that booking photographs are not public record and prohibiting their disclosure) are effective on the date the act becomes law.
The Daily Bulletin: 2021-04-21
House committee substitute amends the 1st edition by expanding the scope of the act to include Guilford County Schools. Makes conforming changes to the act's titles.
House committee substitute to the 1st edition makes the following changes. Adds that no municipal elections are to be conducted in Mount Airy in 2021 and that they must be conducted in 2022. Makes a clarifying change in the lead in language in Section 1 of the act.
| Intro. by Stevens. | Surry |
House committee substitute to the 1st edition makes the following changes. Requires that all seven members of the Asheville City Board of Education (Board), beginning in 2022, be elected using the nonpartisan primary and election method, removing the requirement that three of the members be appointed by Asheville's governing body. Makes changes throughout to remove references to the appointment of members. Specifies that Board members are to be elected at the time of the general election in each even-numbered year, and that the primary is to be on the date provided by GS 163-1 for county partisan primaries. Requires notice of candidacy to be filed on the schedule under GS 163-106.2 instead of GS 163-106(c) (which did not set out such schedule). Requires that members take office at the first regular meeting of the Board in December (was, June) following their election.
Amends the provision creating staggered terms to now require that: (1) the four candidates receiving the highest number of votes serve four-year terms, and those seats will be up for election in 2026 and every four years thereafter and (2) the three candidates receiving the next highest number of votes serve two-year terms, with those seats up for election in 2024 and every four years thereafter. Clarifies that the terms of Board members serving at the time of the 2022 election expire upon the qualification of members elected to the Board under this act.
Adds the repeal of SL 1953-745 and SL 1985-20.
Makes additional conforming, clarifying, and technical changes. Changes the act's titles.
| Intro. by Fisher, Turner, Ager. | Buncombe |
The Daily Bulletin: 2021-04-21
Senate committee substitute deletes the content of the 1st edition and now provides the following.
Part I.
Amends SL 1981-1, as amended, notwithstanding the plan to establish one administrative unit for all three of the Burke County School Units, as identified. Provides for partisan rather than bipartisan election of Burke County Board of Education (board) members in even-numbered rather than odd-numbered years, beginning in 2024. Provides for election at the time of the general election rather than the November Tuesday described. No longer requires candidates to file a notice of candidacy with the county board of elections and paying a $10 filing fee; maintains residency certification requirements. Restricts existing vacancy procedures to vacancies for positions elected on a nonpartisan basis in 2019 and 2021. Provides for vacancies for positions elected on a partisan basis to be filled by appointment by the remaining members of the board pursuant to State law, beginning in 2024. Specifies that members serve until a successor has been elected and qualified, with predecessors' term expiring at the time the elected member qualified by taking the oath of office on the first Monday of December.
Provides that the act does not affect the terms of office of any member, or member appointed to fill a vacancy of a member, elected in 2019 and 2021, and extends each of their terms by one year.
Requires four members of the board to be elected in 2024 and quadrennially thereafter, and three members to be elected in 2026 and quadrennially thereafter.
Directs Burke County municipalities to reimburse the board of elections for the actual costs in the administration of the election pursuant to State law, upon consultation with the board.
Part II.
Amends SL 1973-1273, as amended, providing for partisan rather than nonpartisan election of the Caldwell County Board of Education (board) members in even-numbered years, beginning in 2022. Provides for election at the same time and manner as other county officers. No longer requires filing a notice of candidacy and paying a $5 filing fee; maintains residency certification requirements. Specifies that the terms of predecessors expire at the same time as elected members assume office on the first Monday of December, with members serving until a successor has been elected and qualified. Restricts existing vacancy procedures to vacancies for positions elected on a nonpartisan basis in 2018 and 2020. Provides for vacancies for positions elected on a partisan basis to be filled by appointment by the remaining members of the board pursuant to State law, beginning in 2022. Makes conforming changes.
Provides that the act does not affect the terms of office of any member, or member appointed to fill a vacancy of a member, elected in 2018 and 2020.
Makes conforming changes to GS 115C-37.1.
Makes conforming changes to the act's titles.
Actions on Bills: 2021-04-21
H 113: 2021 AOC LEGISLATIVE CHANGES.-AB
H 137: STEVE TROXLER AGRICULTURAL SCIENCES CENTER. (NEW)
H 138: ADOPT WOUNDED HEROES DAY.
H 145: PROPERTY PROTECTION ACT/DVPO.
H 156: UNCLAIMED PROP. DIV. AMEND./DMV TECH CHNGS-AB. (NEW)
H 180: DESIGNATE OVERDOSE AWARENESS DAY.
H 182: INCREASING MEAT PRODUCTION AND CAPACITY.
H 198: FOREST SERVICE CHANGES.
H 211: SOCIAL DISTRICT/COMMON AREA CLARIFICATIONS. (NEW)
H 213: KELSEY SMITH ACT.
H 217: UTILITIES COMM'N TECH. AND ADD'L CHANGES.
H 222: SUDEP AWARENESS WEEK/TRAINING RECOMMENDATION. (NEW)
H 230: NC MANAGING ENVIRONMENTAL WASTE ACT OF 2021.
H 233: APPLICATION FOR A CONVENTION OF THE STATES.
H 243: BUDGET TECHNICAL CORRECTIONS (NEW).
H 245: EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.
H 278: SUNSET ABC BOARD PARTICIPATION IN LGERS.
H 279: COVID-19 RELATED TAX CHNGS/UI TECH CORRECT. (NEW)
H 281: LOGGERHEAD TURTLE/STATE SALTWATER REPTILE.
H 304: PROTECT PERSONAL INFO/LEOS, JUDGES, DAS.
H 307: NC TIME ZONE/OBSERVE DST ALL YEAR.
H 315: ARSON LAW REVISIONS.
H 330: OPPOSING FEDERAL AUTHORITY REGARDING ELECTION.
H 332: HISTORIC SITES-PROPERTY SALE REVENUE.
H 334: BUDGET TECHNICAL CORRECTIONS (NEW).
H 349: TRAFFIC-CONTROL TRAINING PROGRAM.
H 360: AUTHORIZE DAN RIVER STATE TRAIL.
H 366: REGULATORY REFORM ACT OF 2021.
H 370: VETERANS EMPLOYMENT ACT. (NEW)
H 376: SCHOOL CALENDAR FLEXIBILITY.
H 425: DEVELOPMENT REGULATIONS/MULTIJURISDICTION.
H 461: STATE AUDITOR CLARIFYING AMENDMENTS.
H 468: ESTABLISH SURGICAL TECHNOLOGY STANDARDS.
H 469: CONFIRM WANDA TAYLOR/INDUSTRIAL COMMISSION.
H 480: DESIGNATE STATE BALLOON RALLY.
H 509: ADOPT OFFICIAL NC DOGWOOD FESTIVAL.
H 582: CONFIRM GOVERNOR'S BUSINESS CT APPTS.
H 605: 2022 PRIMARY DATE. (NEW)
H 606: PROHIBIT COLLUSIVE SETTLEMENTS BY THE AG.
H 607: VARIOUS COURT CHANGES. (NEW)
H 608: DIGNITY FOR WOMEN WHO ARE INCARCERATED.
H 609: ORANGE CO. MUSEUM BLACK HS FILM FUNDS.
H 610: RESPIRATORY CARE MODERNIZATION ACT.
H 611: STUDY ELECTRIC UTILITIES' RESILIENCY.
H 612: UP MINIMUM WAGES/NO SUBMINIMUM OR EXEMPTIONS.
H 613: GTCC/AVIATION TRAINING FACILITY.
H 614: LEMON LAW FOR EMERGENCY VEHICLES.
H 615: JORDAN'S LAW. (NEW)
H 616: CHARTER REPLICATION ACT.
H 617: CANNABIS LEGALIZATION & REGULATION.
H 618: PANDEMIC EVICTION PROTECTION.
H 619: WESTON'S LAW. (NEW)
H 620: UPDATE ALJ CODE OF CONDUCT.
H 621: INCREASE DROPOUT AGE/COMPLETION INDICATOR.
H 622: AEROX FUNDING/UAS INTEGRATION PILOT PROGRAM.
H 628: EDGECOMBE CC/FUNDS FOR TRAINING CENTER.
H 629: PHYSICIAN ASST/NURSE PRACTIT./STOP ACT CLAR.
H 630: URGE CONGRESS/SUPPORT DC STATEHOOD.
H 631: SPORTS WAGERING.
H 632: WATERWAY PROTECTION ACT.
H 633: REENACT SOLAR ENERGY TAX CREDIT.
H 634: IMPROVE AMBIENT AIR QUALITY.
H 635: HYDRAULIC FRACTURING/STATEWIDE BAN.
H 636: CLEAN ENERGY GRANTS.
H 637: COMPOST PROCUREMENT ACT.
H 638: STATE CLEAN ENERGY GOAL FOR 2050.
H 639: FUNDS FOR OPIOID ABUSE TREATMENT CENTERS.
H 640: INTERBASIN TRANSFER CLARIFYING AMENDS.
H 641: STATE PARKS/FUND EV CHARGING STATIONS.
H 642: DOWN SYNDROME ORGAN TRANS. NONDISCRIM. ACT.
H 643: REFERENCE PRICING FOR RX DRUGS.
H 644: REMOTE ACADEMIES.
S 35: MAX 4-YR AGE DIFF TO MARRY UNDER 18 YRS. (NEW)
S 85: ALLOW VISION SERVICE PLANS. (NEW)
S 113: MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.
S 159: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB
S 188: BD. OF ARCHITECTS/INTERIOR DESIGNERS.
S 202: NO LAPSE, NO PROBLEM.
S 212: BENNETT COLLEGE ACCREDIT./PRIVATE NEED-BASED.
S 241: MODIFIED UTILITY VEHICLE DEF/USE OF FUNDS. (NEW)
S 342: CLARIFY MOTOR VEHICLE FRANCHISE LAWS.
S 343: REVISE VEHICLE SALE LAWS.
S 345: PA - TEAM-BASED PRACTICE.
S 346: EXTENDED LEARNING FOR ELECTIVE COURSES. (NEW)
S 360: PROHIBIT COLLUSIVE SETTLEMENTS BY THE AG.
S 376: RESTORE LOTTERY FUNDING FOR SCHOOLS.
S 379: ISSUANCE OF UNREGISTERABLE CERT. OF TITLE.
S 389: DEQ/DNCR OMNIBUS.-AB
S 390: UNC LAW ENFORCEMENT RECRUITMENT.
S 407: COMPACT TO AWARD PRIZES FOR CURING DISEASES.
S 408: RURAL HEALTHCARE ACCESS & SAVINGS PLAN ACT. (NEW)
S 410: OPEN MEETINGS/VARIOUS BOARD ADJ./PUBLIC RECORDS. (NEW)
S 435: TERMINATIONS OF STATES OF EMERGENCY.
S 449: REVISE MANUFACT. HOME TITLE LAWS.
S 462: CON/THRESHOLD AMDS. & CERTIFICATE EXPIRATIONS.
S 473: ENHANCE LOCAL GOV'T TRANSPARENCY.
S 493: JDIG MODIFICATION AND OTHER CHANGES. (NEW)
S 539: DISCLOSE HUMAN TRAFFICKING CONVICTION/CUSTODY.
S 557: UP SHP PAY & DEATH BENEFITS/DEATH PENALTY.
S 570: HOLD HARMLESS STAR RATINGS/ERS ASSESS. RESUME.
S 593: SCHOOLS FOR THE DEAF AND BLIND. (NEW)
S 660: REGULATE DISSEMINATION OF BOOKING PHOTOGRAPH.
S 666: UPDATE REQS./ADVANCE HEALTH CARE DIRECTIVES.
S 690: MODIFICATION OF MEMBERSHIP OF DOA BDS.
S 691: ADJUST DRUG EDUCATION SCHOOL ENROLLMENT FEE.
S 693: EXPEDITE CHILD SAFETY AND PERMANENCY.
S 718: CONFIRM ADRIAN PHILLIPS/INDUSTRIAL COMMISSION.
Actions on Bills: 2021-04-21
H 12: ADDRESS PANDEMIC LEARNING LOSS/COUNTIES. (NEW)
H 30: TOWN OF SOUTHERN SHORES/EMINENT DOMAIN.
H 164: GREENSBORO/DEANNEXATION.
H 202: SCHOOL CALENDAR FLEXIBILITY/HARNETT COUNTY.
H 282: MOUNT AIRY/EVEN-YEAR ELECTIONS.
H 400: ASHEVILLE CITY SCH. BD. APPT/ELECTIONS. (NEW)
S 233: MODIFY FOX/COYOTE TAKING FOR CERTAIN COUNTIES. (NEW)
S 288: RUTHERFORD COLLEGE/BD. OF ED. BURKE/CALDWELL. (NEW)
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