House committee substitute makes the following changes to the 4th edition.
Eliminates the proposed changes to GS 113-136, which made it illegal to refuse to allow inspectors, protectors, or other law enforcement officers to inspect weapons, equipment, fish, or wildlife if the officer reasonably believes them to be possessed incident to an activity regulated by any law or rule as to which inspectors and protectors have enforcement jurisdiction (the changes also no longer required the inspector, protector, or other law enforcement officer to have a reasonable suspicion that a violation has been committed, no longer limited inspection of fish or wildlife to the purpose of ensuring compliance with bag limits or size limits, and eliminated the specification that stated the provisions did not authorize inspection in the absence of a person in apparent control of the listed items).
Makes conforming organizational changes, renumbering the act's sections.
The Daily Bulletin: 2021-06-22
Printer-friendly: Click to view
The Daily Bulletin: 2021-06-22
Senate amendment to the 5th edition makes the following changes. Reduces the late fee set forth in GS 115C-218.105 from 5% to 3% applicable to the full amount of the per pupil share of the local current expense fund not transferred to charter schools within 15 days.
| Intro. by Bradford, Riddell, Hardister, Saine. | GS 115C |
Senate amendment adds the following to the 4th edition.
Deletes the proposed repeal of Section 10(d) of SL 2011-185, which requires that UNC report annually on research collaborations addressing the behavioral health problems and challenges facing military personnel, veterans, and their families. Instead, amends statutory law, GS 127B-20. Repeals subsection (d), which requires that the UNC System Office report annually on research collaborations addressing the behavioral health problems and challenges facing military personnel, veterans, and their families.
Eliminates the proposed changes to Section 1.2 of SL 2010-148 that no longer required UNC and its constituent institutions to annually report its projects let without a performance or payment bond and their defaults to the specified NCGA committee. Instead, amends statutory law, GS 143-129, to no longer require UNC and its constituent institutions to annually report its projects let without a performance or payment bond and their defaults to the specified NCGA committee.
House committee substitute amends the 1st edition as follows.
Makes the following revisions to Part 5, Tax Credits for Qualified Business Investments, of Article 4, GS Chapter 105 as reenacted, effective for taxable years beginning on or after January 1, 2021. Expands the definition of qualified business venture to include a business registered with the Secretary of State that primarily engages in commercialization of information technology including hardware and software, health care technology including medical devices and pharmaceuticals, biotechnology, consumer goods, energy technology, food technology, and agricultural technology (was, limited to registered businesses primarily engaged in manufacturing, processing, warehousing, wholesaling, research and development, or a service-related industry). Amends subsection (b1) of GS 105-163.011, which provides for a tax credit for pass through entities that commit capital to qualified businesses directly in an amount equal to 25% of the investment, to exclude pass-through entities that commit capital under management in excess of $7.5 million rather than $5 million.
| Intro. by Strickland, Sauls, Saine, Kidwell. | GS 105 |
House committee substitute makes the following changes to the 1st edition.
Revises proposed Part 2L to Article 10 of GS Chapter 143B, the North Carolina Small Business Retirement Savings Program (Program), as follows. Modifies the initial terms of the members appointed to the NC Small Business Retirement Savings Board (Board). Maintains that terms of initial Board members appointed by the Governor and the NCGA begin October 1, 2021, but changes the terms for initial members appointed by the Governor to now provide for four-year terms for two members, two-year terms for two members, and a one-year term for one member, and initial terms for members appointed by the NCGA, with two of the four members appointed upon recommendation of the Speaker or the President Pro Tempore appointed for four-year terms, with the remaining two legislatively appointed members appointed for two-year terms, as specified. Revises the duties of the Board with regard to the governance of a payroll deduction retirement savings program for covered employers, to no longer specify that the program is for covered employers that do not provide a retirement program (see the definition provided for covered employer under the new Part). Regarding the Board's power to invest and reinvest its funds, specifies the power applies to funds in the NC Small Business Retirement Savings Administrative Fund (Administrative Fund). Now refers to the executive director rather than the program administrator in the prohibited activities set forth for Board members and staff under the new Part. Eliminates redundant provisions regarding Program criteria relating to participant investment options. Makes technical corrections and clarifying changes.
The Daily Bulletin: 2021-06-22
House committee substitute amends the 3rd edition as follows.
Revises part of the proposed changes to GS 51-3 regarding capacity to marry and void marriages, to maintain current law providing that marriages between a male person under 16 years of age and any female, or between a female person under 16 years of age and any male, are void (previously deleted).
| Intro. by Sawyer, Britt, Foushee. | GS 51 |
Senate committee substitute makes various changes to the 1st edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: https://www.ncleg.gov/News.(link is external)
| Intro. by B. Jackson, Harrington, Hise. | APPROP, STUDY, GS 7A, GS 7B, GS 14, GS 15, GS 15A, GS 15B, GS 17C, GS 17E, GS 18C, GS 20, GS 45, GS 58, GS 63, GS 64, GS 65, GS 66, GS 87, GS 90, GS 97, GS 105, GS 106, GS 108A, GS 108D, GS 113, GS 114, GS 115C, GS 115D, GS 116, GS 116B, GS 116D, GS 119, GS 120, GS 121, GS 122A, GS 122C, GS 126, GS 127A, GS 128, GS 130A, GS 131D, GS 131E, GS 136, GS 138A, GS 142, GS 143, GS 143B, GS 143C, GS 144, GS 146, GS 147, GS 148, GS 150B, GS 153A, GS 159G, GS 162, GS 163, GS 164, GS 166A |
House committee substitute deletes the content of the 1st edition and now provides the following.
Grants the governing board of any public school unit or any nonpublic school the exclusive authority to determine the use of face coverings, and any appropriate exceptions to those requirements, during the instructional day on its respective campus for the 2021-22 school year.
Authorizes the Governor to require the use of face coverings for an individual public or nonpublic school for the 2021-22 school year to reduce the transmission of an airborne communicable disease during a state of emergency, with specified reasons for the requirement stated in the executive order. Bars a single executive order from including a statewide face covering requirement for public or nonpublic schools.
Changes the act's titles.
| Intro. by Krawiec, Burgin, Perry. | UNCODIFIED |
House committee substitute makes the following changes to the 2nd edition.
Further amends GS 20-179.3, amending the requirements and restriction set forth in subsection (g5) that a court must include in a limited driving privilege order for a person whose driver's license is revoked for an impaired driving conviction under GS 20-138.1. Now requires the court to order the designated motor vehicle equipped with a functioning ignition interlock system be set to prohibit driving with an alcohol concentration of greater than 0.02 (was 0.00).
Further amends GS 20-19(c3), which places additional restrictions on drivers licenses which are restored following revocation pursuant to the following statutes, as applicable: GS 20-13.2(a) (revocation of a provisional license following a conviction for driving while impaired under 21); GS 20-23 (revocation following out-of-State impaired driving convictions); GS 20-23.2 (revocation following federal impaired driving convictions); GS 20-17(a)(2) (revocation for impaired driving under GS 20-138.1 or impaired driving in a commercial vehicle under GS 20-128.2 if the alcohol concentration was .06 or higher); GS 20-17(a)(1) or (9) (revocation for manslaughter, felony or misdemeanor death by vehicle, or serious injury by vehicle, when the offense involved impaired driving); GS 20-138.5(d) (permanent revocation for habitual impaired driving); or subsection (c3). Adds a new additional restriction of a license restored after certain impaired driving convictions pursuant to GS 20-17.8 requiring an ignition interlock system that the person not operate a vehicle with an alcohol concentration of 0.02 or more at any relevant time after the driving during the period that the ignition interlock is required.
Revises proposed GS 20-179.5 to explicitly place the cost of installation and monitoring of an ignition interlock system required by a court or the Division of Motor Vehicles (Division) pursuant to the Chapter (was Article 3) on the person ordered to install the system, collected by agreed terms with the vendor.
Makes clarifying changes to the act's effective date provision.
House committee substitute to the 1st edition makes the following changes.
Revises the proposed changes regarding the supervision requirements for certified alcohol and drug counselors and certified criminal justice addictions professionals set forth in GS 90-113.37A. Maintains rather than eliminates ongoing supervision requirements of certified criminal justice addictions professionals, requiring specified documentation of supervision at a ratio of one hour of supervision to every 40 hours of practice after certification by the Board, though no longer requires the supervision contract to be submitted on a form provided by the Board to the Board. Sets the following supervision ratios for practicing certified criminal justice addictions professionals to reduce required supervision hours by practice experience, requiring one hour of supervision to every 80 hours of practice after two years of certification, and one hour of supervision to every 160 hours of practice after four years of practice.
| Intro. by Krawiec, Sanderson. | GS 90 |
House committee substitute to the 2nd edition adds the following content.
Amends GS 115C-549 and GS 115C-557, regarding standardized testing requirements in private church schools, schools of religious charter, and qualified nonpublic schools for grades three, six, and nine. Changes the requirements for testing in grade nine to allow the standardized test or other equivalent measurement selected to measure competencies in the verbal and quantitative areas as an alternative to measuring achievement in the areas of English grammar, reading, spelling, and math.
Similarly, amends GS 115C-562.5(a) regarding standardized testing requirements of nonpublic schools accepting students receiving scholarship grants for grades three and higher. Changes the requirements for testing in grades nine through twelve to allow the standardized test or other equivalent measurement selected to measure competencies in the verbal and quantitative areas as an alternative to measuring achievement in the areas of English grammar, reading, spelling, and math.
Makes the above changes apply to tests given beginning with the 2021-22 school year.
Enacts GS 160A-330, requiring municipalities to provide water and/or sewer services to a charter property, defined to mean real property that is owned or leased to an entity for use as a charter school facility for an approved charter, for which those services are not otherwise provided if four criteria are met. Requires the charter property owner to request the services in writing; the municipality to have available capacity in the requested service(s); the charter property owner to agree to the terms of a utility extension agreement; and the charter property owner to agree to payment of all costs of service extension. Allows a developer of a charter property to, with the written consent of the property owner, make the request for services under the statute, agree to the requirements of a utility extension agreement with the municipal governing board, and pay for the costs of extension of the requested services. Further requires the municipality to grant a charter property owner's petition for annexation if the charter property is otherwise eligible for annexation under State law.
Makes technical changes to the act's effective date provisions. Changes the act's titles.
House committee substitute amends the 2nd edition as follows.
Changes the effective date of the proposed changes to GS 153A-28, concerning counties, and GS 160A-64.1, concerning cities, authorizing the garnishment of compensation paid to any chair or other board of commissioners member, or the mayor or city council members, respectively, to collect any unpaid monies due to the county/city for county/city services until such debt is paid in full as specified. Now provides that the changes apply to any compensation paid under these statutes on or after the date the act becomes law (was, July 1, 2021).
In Section 4 of the act, corrects the number of proposed GS 14-234.2 (Local public officials participating in contracts benefiting nonprofits with which associated) to GS 14-234.3.
House committee substitute to the 1st edition makes the following changes.
Amends the proposed language in GS 135-48.15, to limit the incentives under a State Health Plan program to encourage its members to report specified activities related to fraud, misappropriation, waste, and abuse by a health care provider, to the lesser of $500 or a maximum of 2% of any net recovery made by the Plan resulting from the member report (was, limited to up to 2% of any net recovery made by the SHP resulting from the member report).
Adds the following content, effective January 1, 2022.
Amends GS 28A-4-2 to specify that a person who is employed by, acts as an agent for, serves as legal counsel for, or conducts business with a property finder (as defined in GS 116B-52) who has entered into an agreement subject to GS 16B-78 to locate the estate property defined by the agreement cannot serve as a personal representative.
Amends GS 28A-9-1 by expanding the grounds upon which letters, letters of administration, or letters of collection may be revoked to include when the person to whom they were issued is employed by, acts as an agent for, or conducts business in a contractual capacity with a property finder, as defined, who has entered into an agreement subject to GS 116B-78 to locate the estate property defined by the agreement.
Amends GS 28A-22-11 to make any agreement by an heir, unknown or known but unlocated, the primary purpose of which is to locate or recover, or assisting in the recovery of, a share in a decedent's estate subject to Article 4 of GS Chapter 116B (North Carolina Unclaimed Property Act) instead of only GS 116B-78 (governing an agreement to locate property).
Amends GS 116B-52 to define property finder to mean an individual or business entity, incorporated or otherwise, who, for fee or any other consideration, seeks to locate, deliver, recover, or assist in the recovery of property distributable to the owner or presumed abandoned.
Amends GS 116B-78 (agreement to locate property) by expanding upon the conditions under which an agreement is void and unenforceable to also include when an agreement involves a property finder, as defined, or any individual who acts as an agent for, serves as legal counsel for, or conducts business in any contractual capacity with a property finder and the individual is also appointed as the personal representative of the owner or purported owner's estate. Makes additional conforming and clarifying changes. Specifies that agreements deemed void for not meeting the specified criteria are also unenforceable. Adds to the criteria that must be met in order for an agreement to not be void and unenforceable, to require agreements with heirs to include a certification that the personal representative is not a person who is employed by, acts an agent for, serves as legal counsel for, or conducts business in any contractual capacity with a property finder, who has entered into an agreement to locate property defined by the agreement. Requires property finders (was, persons entering into an agreement with an owner) to register each calendar year with the Treasurer.
Enacts new GS 116B-78.1 regulating property finders as follows. Requires property finders to be licensed as private investigators by the Private Protective Services Board under GS Chapter 74C. Prohibits property finders from initiating a claim with the Treasurer before being registered as a property finder or before being licensed as a private investigator. Allows denying registration for up to a year for failing to comply. Prohibits initiating a claim with the Treasurer before obtaining a valid agreement with an owner or apparent owner and allows suspending registration for up to one year for noncompliance. Allows suspending registration for up to one year when a property finder enters into an agreement to locate property that does not comply with GS 116B-78. Prohibits a property finder with a suspended registration from conducting business with the Unclaimed Property Division and requires any pending or potential claims to be denied during any period of suspension.
Makes conforming changes to the act's titles.
The Daily Bulletin: 2021-06-22
The Daily Bulletin: 2021-06-22
Actions on Bills: 2021-06-22
H 168: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2021.-AB
H 181: WILDLIFE RESOURCES COMM'N. AMENDMENTS.-AB
H 238: PROHIBIT POSSESSION OF SKIMMING DEVICE.
H 272: REVISE HEALTH STANDARD FOR LEAD.
H 335: TIMELY LOCAL PAYMENTS TO CHARTER SCHOOLS.
H 344: SYSTEM DEVELOPMENT FEES UPDATE.
H 360: AUTHORIZE DAN RIVER STATE TRAIL.
H 383: MEDICAID MODERNIZED HOSPITAL ASSESSMENTS.
H 602: UNC LEGISLATIVE PRIORITIES/HR/REPORTS.
H 629: PHYSICIAN ASST/NURSE PRACTIT./STOP ACT CLAR.
H 642: DOWN SYNDROME ORGAN TRANS. NONDISCRIM. ACT.
H 680: REENACT QUALIFIED BUSINESS VENTURE CREDIT.
H 734: DEPT. OF HEALTH & HUMAN SERVICES REVISIONS.
H 899: NORTH CAROLINA WORK AND SAVE.
S 35: MAX 4-YR AGE DIFF TO MARRY UNDER 18 YRS. (NEW)
S 87: MEDICAID REIMBURSEMENT/CHARTER SCHOOLS.
S 105: 2021 APPROPRIATIONS ACT.
S 159: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB
S 173: FREE THE SMILES ACT. (NEW)
S 183: IGNITION INTERLOCK/VARIOUS CHANGES. (NEW)
S 208: LABOR LAW CHANGES.
S 257: MEDICATION COST TRANSPARENCY ACT.
S 299: NCDOI NAIC ACCREDITATION.-AB
S 314: LOCAL GOV COMMISSION ASSISTANCE TOOLKIT. (NEW)
S 323: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.
S 347: CAPTIVE INSURANCE AMENDMENTS.
S 367: UNC SELF-LIQUIDATING CAPITAL PROJECTS. (NEW)
S 375: CADC SUPERVISION REQS.
S 450: VARIOUS EDUCATION CHANGES. (NEW)
S 473: ENHANCE LOCAL GOV'T TRANSPARENCY.
S 474: SEPTAGE MANAGEMENT AMENDMENTS.
S 496: DOI OMNIBUS BILL. (NEW)
S 542: SHP COMBAT FRAUD/PROPERTY FINDERS STNDS. (NEW)
S 570: HOLD HARMLESS STAR RATINGS/ERS ASSESS. RESUME.
S 594: MEDICAID ADMIN. CHANGES & TECH. CORRECTIONS.-AB
S 644: LANDLORD/TENANT CHANGES.
S 668: ANTI-PENSION SPIKING AMDS & LITIG. MORATORIUM.
S 727: SUPPORT LUMBEE RECOGNITION ACT.
Actions on Bills: 2021-06-22
H 38: BD. OF TRUSTEES/ISOTHERMAL CC.
S 194: RE-STAGGER TERMS/ALDERMEN/N.TOPSAIL BEACH.
S 260: MOORESVILLE TDA. (NEW)
S 288: RUTHERFORD COLLEGE/BD. OF ED. BURKE/CALDWELL. (NEW)
© 2024 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.