Senate committee substitute to the 1st edition makes the following changes.
Updates the statutory language of GS 42-34.1 to reflect amendments made by SL 2021-47; maintains proposed technical corrections.
Adds the following content.
Amends GS 1-120.2 to update statutory references to GS Chapters 153A and 160A to GS Chapter 160D. Makes further technical changes.
Makes technical and clarifying changes to GS 160D-403. Corrects GS Chapter 160D statutory cross-references.
Amends GS 160D-604 to require planning boards to advise and comment on whether proposing zoning text or map amendments are consistent with any comprehensive or land-use plan that has been adopted or any other officially adopted plan that is applicable (was limited to adopted comprehensive plans and other applicable officially adopted plans). Changes language to refer to local acts of the NCGA, rather than special acts. Makes technical and conforming changes.
Similarly amends GS 160D-605 to require a governing board to approve a brief statement describing whether the adoption or rejection of any zoning text or map amendment is consistent with an adopted comprehensive plan or land-use plan (was adopted comprehensive plan only). Makes technical and conforming changes.
Makes technical and clarifying changes to GS 160D-944. Corrects the name of the Department of Natural and Cultural Resources. Corrects a GS Chapter 160D statutory cross-reference.
Makes technical and clarifying changes to GS 160D-1102. Corrects GS Chapter 160D statutory cross-references. Removes a statutory cross-reference to GS Chapter 160D with regard to the creation of joint inspection departments.
Amends GS 160D-1111, regarding the expiration of building permits, to refer to the expiration fixed by ordinance (rather than by ordinance of the city council). Makes further technical changes.
Amends GS 160D-1202, setting forth defined terms for Article 12 (previously referred to a Part, though the Article is not divided); no longer provides for the terms to mean otherwise based on context. Makes further technical changes.
Amends GS 14-113.9 to consistently refer to a financial transaction card.
Amends GS 15A-151.5, making a technical correction to the title of a statute referenced. Makes further technical changes.
Makes technical and clarifying changes to GS 18B-302. Makes language gender neutral. Adds subsection captions to subsections (j) and (k).
Makes technical and clarifying changes to GS 18B-900. Makes language gender neutral. Deletes misplaced language.
Deletes a statutory cross reference to a since repealed statute in GS 50-13.7. Makes further technical changes.
Makes technical changes to GS 85B-3.2.
Makes technical changes to GS 90B-9.1. Corrects a statutory cross-reference.
Recodifies GS 108A-58.2(e)(3)b. as (e)(3)c1. Updates a cross-reference to the administrative code. Updates language to refer to individuals with intellectual disabilities (was mentally retarded). Makes further technical and clarifying changes.
Similarly amends GS 108A-61.1 to update language to refer to individuals with intellectual disabilities (was mentally retarded).
Recodifies GS 108A-70.5(b)(1) as (b)(4) and makes organizational changes to the subdivision's sub-subdivisions. Updates language to refer to individuals with intellectual disabilities (was mentally retarded). Makes further technical and clarifying changes.
Makes technical and clarifying changes to GS 28A-14-1.
Makes technical and clarifying changes to GS 36C-8-818.
Amends GS 122C-23 to refer to licensable facilities for individuals with mental illnesses, individuals with intellectual or other developmental disabilities (was the mentally ill, developmentally disabled), and substance abusers. Makes further technical and clarifying changes. Deletes outdated language. Makes conforming changes to update language used for facilities for individuals with mental illness or an intellectual or other developmental disability with regard to licensing fees.
Similarly updates language used to refer to facilities for individuals with mental illness or intellectual disabilities, and individuals with mental illness or an intellectual or other developmental disability, in the following statutes: GS 131E-267; GS 131E-272; and GS 160D-907. Makes further technical changes to GS 131E-267 and GS 160D-907.
Makes technical and clarifying changes to GS 113-276. Makes language gender neutral. Deletes statutory cross-references to since repealed statutes.
Makes technical and clarifying changes to GS 115C-218.75. Adds a caption to subsection (h).
Corrects the name of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources in the title of Article 36, GS Chapter 120.
Makes technical changes to GS 143-318.18. Deletes a statutory cross-reference to a since repealed statute.
Repeals GS 143A-96.1, which transfers the Division of Veteran Affairs of the Department of Military and Veterans Affairs to the Department of Administration, and directs the Secretary of Administration to employ an additional assistant secretary as Assistant Secretary for Veterans Affairs. Amends GS 144-9 to now provide for disposal of worn, tattered, or damaged of a United States or State flag by the Department of Military and Veterans Affairs (was the Division of Veterans Affairs of the Department of Administration). Charges the Department of Military and Veterans Affairs rather than the Division to establish a flag retirement program and annually report to the specified NCGA committee. Makes further technical changes.
Makes technical changes to GS 143B-1413.
Makes technical and clarifying changes to GS 150B-21.2.
Makes organizational changes to the act.
The Daily Bulletin: 2021-06-24
Printer-friendly: Click to view
The Daily Bulletin: 2021-06-24
| Intro. by Davis. | GS 1, GS 14, GS 15A, GS 18B, GS 28A, GS 36C, GS 42, GS 50, GS 85B, GS 90B, GS 108A, GS 113, GS 115C, GS 120, GS 122C, GS 131E, GS 143, GS 143A, GS 143B, GS 144, GS 150B, GS 160D |
House committee substitute to the 1st edition makes the following changes.
Regarding the new sales tax exemption added to GS 105-164.13, clarifies that the exemption for sales of machinery, equipment, parts, and accessories for use (was, as used) in the manufacture of the previously specified items by specified ABC permittees also applies to supplies and ingredients used or consumed by the permittee in the manufacturing process only (was, supplies and ingredients used or consumed in the manufacture). Makes clarifying changes to the act's long title.
| Intro. by Moffitt, Richardson, Setzer, Winslow. | GS 105 |
House committee substitute to the 1st edition makes the following changes.
Revises new Article 26 of GS Chapter 53, Student Borrowers' Bill of Rights, as follows. In addition to the exclusion of open-ended credit or any loan secured by real property, excludes from the defined term student loan: (1) loans originated by entities exempted from the Article by new GS 53-443, except during periods in which the loans are services by an entity not exempted under the statute; and (2) loans serviced by entities exempted under new GS 53-443. No longer specifies that the term student loan servicer is applicable regardless of whether licensed under the Article. Adds that written inquiry does not include a communication made by a consumer reporting agency involving a dispute under the federal Fair Debt Collection Practices Act.
Now more specifically prohibits student loan servicers (was, persons) from serving a student loan without a license issued pursuant to the Article. Regarding the exemptions to the Article's provisions, no longer excludes the provisions of GS 53-450 (Duties of student loan service to borrowers) and GS 53-451 (Prohibited conduct) from the exemption. Adds to the four previously stated exemptions: institutions of higher education; eligible private postsecondary institutions; and organizations that support the work of institutions of higher education and eligible private postsecondary institutions exempted.
Modifies the duties set forth of licensees to borrowers. Regarding the prohibition against furnishing to a consumer reporting agency information regarding a payment that is the subject of a written inquiry related to a dispute on a borrower's payment on a student loan during the 60 days following receipt of the written inquiry, now explicitly allows furnishing such information as required under specified federal law to communicate that a debt is disputed.
Specifies that the Article does not limit any claims otherwise arising under GS 75-1.1 with regard to unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce.
Changes the effective date of new Article 26 to January 1, 2022 (was, July 1, 2021).
Eliminates proposed Article 9 of GS Chapter 75, Protections for Student Consumers, which deemed certain actions relating to financing education unfair and deceptive trade practice. Eliminates proposed Article 38 of GS Chapter 116, Fairness to Tuition payers, which established requirements for postsecondary schools regarding refunding tuition and closure.
Adds to new Article 27 to GS Chapter 53, which directs the Commissioner of Banks to designate a Student Loan Ombudsman, to define student loan as defined in new Article 26, as enacted and amended.
Makes conforming changes to the act's long title.
| Intro. by Hunt, Setzer. | GS 53 |
As title indicates. Includes whereas clauses.
| Intro. by Carney, Insko, Harrison, Fisher. | JOINT RES |
The Daily Bulletin: 2021-06-24
Senate amendments make the following changes to the 2nd edition.
Part II.
Section 2.2
Amendment #1 adds to the list of "other adjustments to availability" $31,305,584 for the disproportionate share transfer in both fiscal years 2021-22 and 2022-23.
Part III.
Section 3.1
Amendment #4 increases the recurring funds in the amount specified for each year of the biennium set forth for the construction category under the Division of Highways provided in the schedule for the appropriations from the State Highway Fund for the maintenance and operation of the Department of Transportation. Decreases recurring funds in the same amount specified for each year of the biennium set forth for the maintenance category under the Division of Highways provided in the schedule. Makes conforming changes.
Part IX-D.
Section 9D.6
Amendment #1 increases the amount that for the 2022-23 fiscal year the Department of Health and Human Services must deposit from its revenues with the Department of State Treasurer to be accounted for as nontax revenue from $146,740,000, to $153,805,584 (these deposits, along with the amount for 2021-22, represent the return of advanced General Fund appropriations, nonfederal revenue, fund balances, or other resources from State-owned and State-operated hospitals that are used to provide indigent and nonindigent health care services).
Section 9D.15
Amendment #1 makes a clarifying change.
Part XI.
Section 11.10
Amendment #1 amends the definition of local government unit in GS 143B-472.127A, for the purposes of the Site Development Revolving Loan Fund, to now mean a county with total employment of less than 500,000 or one of the following located therein: (1) a city, as defined in the specified statute or (2) a consolidated city-county, as defined in the specified statute (was, defined as any of the following located in a county with total employment of 115,000 or more: (1) a city, as defined in the specified statute, (2) a county, or (3) a consolidated city-county, as defined in the specified statute).
Part XII.
Section 12.13
Amendment #1 no longer makes the $5 million grant to Holly Springs for water and sewer infrastructure projects conditional upon Wake County paying the matching funds; instead makes the grant contingent upon the payment of the matching funds generally, not specifying who must pay the matching funds.
Part XVIII.
Section 14.5
Amendment #2 revises the allocation of the funds appropriated to the Parks and Recreation Trust Fund for the 2021-22 fiscal year to include the following in the place of $975,000 previously allocated to provide a grant to MountainTrue for seven specified projects. Allocates specified amounts to the following entities for seven specified projects, totaling $975,000: the Blue Ridge Conservancy, the Green River Access Inc., the Blue Ridge Resource Conservation and Development Council, the Town of Bryson City, the Town of Andrews, the City of Shelby, and the Friends of Ecusta Trail Inc.
Part XXVI.
Section 26.1
Amendment #3 eliminates the content of Section 26.1, which directed the State Board of Elections to develop a plan to phase out time-limited full-time positions that are currently funded with the Help America Vote Act (HAVA) and other federal funds, except the Chief Information Security Officer, and required the State Board report to the NCGA on the phase-out.
Part XXXVIII.
Section 38.1
Amendment #1 amends the definition of eligible economically distressed area as it applies in the Growing Rural Economies with Access to Technology program, to now be a county designated as a development tier one or tier two area, as defined in GS 143B-437.08, or a rural census tract, as defined in GS 143B-472.127, in any other county with total employment of less than 500,000, as of January 1, 2020, as measured pursuant to GS 143B-437.52(c)(3), (was, as measured pursuant to GS 143B-437.52(c)(3), are not eligible).
Part XL.
Section 40.6
Amendment #1 amends the Department of Administration's powers and duties over examination and approval of all plans and specifications for the construction or renovation of community college buildings to include those requiring the estimated expenditure of public money for construction or repair work for which public bidding is required under GS 143-129 of $2 million or more (was, or less) prior to the awarding of a contract for the work.
Part XLI.
Section 41.2
Amendment #4 revises the criteria that must be followed by the newly created Budget Section of the Fiscal Management Division of the Department of Transportation in reorganizing the Department's budget. Replaces the criteria requiring the elimination of Field Codes and the assignment of the complete personal services budget to the organizational Fund Code unit. Instead, directs the Department to work with its accounting system vendor to develop a report to depict the funding and cost associated with the Intermodal, Rail, Aviation, Ferry, and Highways divisions, to be generated by Department employees, employees of the Office of State Budget and Management, or the Fiscal Research Division. Requires the report to include the Certified and Authorized budgets and expenditures and group funding codes associated with specific programs to ensure transparency with associated activities.
Section 41.8
Amendment #4 deletes the content of Section 41.8, which directed the Division of Motor Vehicles to expand Saturday operating hours at one driver's license office in the nine most populous counties in the state for 2021-23, with quarterly reporting on the pilot.
Section 41.16
Amendment #4 makes a technical change to direct the Department of Transportation to reclassify vacant positions (rather than 11 vacant positions), with reclassification of up to four full-time equivalent (FTE) positions in the Office of Civil Rights, and up to seven FTE positions in the Purchasing Division to manage the procurement and contractual needs of the Department.
Makes conforming changes.
| 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 amendment to the 3rd edition adds the following content.
Amends GS 63A-3 to allow a designee of the President of the NC System of Community Colleges, a designee of the UNC President, a designee of the Commissioner of Agriculture, and a designee of the Secretary of the Department of Commerce to serve in lieu of the named Presidents, Commissioner, and Secretary on the Board of Directors of the NC Global Transpark Authority.
Repeals GS 115D-2.1, which creates the 21-member State Board of Community Colleges. Enacts GS 115D-2.2 to establish the 22-member State Board of Community Colleges (State Board), with provisions largely overlapping the provisions of now repealed of GS 115D-2.1, as follows. Details membership and terms, including four ex-officio members (previously the Commissioner of Labor or the Commissioner's designee was not included in the State Board's ex-officio membership), four at large members appointed by the Governor, one member each appointed by the Governor for the six Trustee Association Regions, and eight at large members elected by the NCGA. Provides for legislative election of members in odd-numbered years, and for filling vacancies of members legislatively elected. Details a process for legislative removal of a member upon receipt of a referral from the State Ethics Commission. Bars appointment or election for more than two consecutive terms of four years, not including partial terms to fill a vacancy. Bars the following from serving on the Board: legislators, State officers and employees, and officers and employees of an institution under the jurisdiction of the State Board; spouses of legislators, officers, and employees of the Community Colleges System, or an institution under the jurisdiction of the State Board; and persons who within the prior five years have been employees of the Community Colleges System Office. Provides for election of chairs and officers, meeting requirements, and vacancy requirements. Requires the State Board to declare vacant an appointed or elected member who does not attend three consecutive scheduled meetings without justifiable excuse. Makes conforming changes to GS 138A-24. Sets staggered terms for initial State Board members elected or appointed in 2021 for six-year terms and 2023 for two-year terms, except one gubernatorially appointed member to a four-year term. Provides for four-year terms for all members following the expiration of the terms elected and appointed in 2021 and 2023. Applies beginning with the election or appointment of members to the State Board to terms beginning July 1, 2021.
| Intro. by Sawyer, Perry. | Mecklenburg, GS 20, GS 63A, GS 90, GS 96, GS 105, GS 106, GS 115C, GS 115D, GS 116, GS 120, GS 131D, GS 138A, GS 143, GS 143B |
House amendment to the 3rd edition makes the following changes.
Eliminates the content of previous Section 1, which: (1) added to the duties of the State Board of Education (State Board) under GS 115C-12 to require the adoption of rules applicable to all public school units that require existing school buildings to have adequate carbon monoxide alarms and new school buildings placed into service on or after July 1, 2023, to have adequate carbon monoxide detectors; (2) directed the State Board to adopt temporary implementing rules; and (3) required temporary and permanent rules to ensure the requirements for existing buildings to have adequate carbon monoxide alarms to be effective by July 1, 2023.
Instead provides for the following in Section 1. Directs the State Board to survey all public school units to determine the number of existing school buildings currently not equipped with carbon monoxide alarm and detecting systems, but would have to install those systems if required to be in compliance with the requirements for new buildings under Section 915 of the NC State Building Code, Fire Prevention Code (non-equipped buildings). Requires the State Board to report to the specified NCGA committees by December 15, 2021. Specifies required content of the report. Makes conforming changes to the act's long title.
House amendments to the 3rd edition make the following changes.
Amendment #1 further amends GS 108D-35 by adding peer support services to those services that must be covered by all capitated PHP contracts.
Amendment #2 amends the requirement that the Department of Health and Human Services (DHHS) post on its website any formula developed for determining the amount of risk reserve and other funds to be transferred when a county disengages from one area authority and realigns with another area authority, by requiring that the formula be posted before it is finalized. Requires that the final version of the formula be posted to the website by August 1, 2021.
The Daily Bulletin: 2021-06-24
AN ACT TO ALLOW UP TO TWO MEMBERS OF THE BOARD OF TRUSTEES OF ISOTHERMAL COMMUNITY COLLEGE TO BE MEMBERS OF THE BOARDS OF COUNTY COMMISSIONERS AND TO REQUIRE TRUSTEES TO MAINTAIN THEIR COUNTY OF RESIDENCE. SL 2021-52. Enacted June 23, 2021. Effective June 23, 2021, and applies to appointments to terms beginning on or after July 1, 2021.
| Intro. by Johnson. | Polk, Rutherford, GS 115D |
The Daily Bulletin: 2021-06-24
House committee substitute to the 3rd edition makes the following changes.
Adds to the proposed changes to GS 160A-58.1 to remove the cap on satellite annexations for the Cities of Kings Mountain and Lowell in addition to the City of Shelby, and the Towns of Franklinville, Liberty, and Ramsuer in addition to the Towns of Stanley and Vass. Makes conforming changes to the act's long title.
House committee substitute to the 1st edition makes the following changes.
Makes a technical change to the description of the parcel removed from the corporate limits of the Town of Spruce Pine.
Adds the following. Removes the described parcel from the corporate limits of the Town of Weaverville. Provides a savings clause for liens held by the Town for outstanding property taxes or special assessments. Effective June 30, 2021. Specifies that property in the territory described as of January 1, 2021, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2021.
Makes conforming changes to the act's titles. Makes further technical conforming changes.
| Intro. by Hise. | UNCODIFIED, Buncombe, Mitchell |
AN ACT TO RETAIN THE STAGGERED TERMS OF MEMBERS SERVING ON THE BOARD OF ALDERMEN IN THE TOWN OF NORTH TOPSAIL BEACH. SL 2021-49. Enacted June 23, 2021. Effective June 23, 2021.
| Intro. by Lazzara. | UNCODIFIED, Onslow |
AN ACT TO MODIFY THE MEMBERSHIP OF THE MOORESVILLE TOURISM DEVELOPMENT AUTHORITY. SL 2021-50. Enacted June 23, 2021. Effective June 23, 2021.
| Intro. by Sawyer. | Iredell |
AN ACT TO PROVIDE THAT ELECTIONS FOR THE BURKE COUNTY BOARD OF EDUCATION AND THE TOWN OF RUTHERFORD COLLEGE SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO CHANGE THE ELECTION METHOD OF THE BURKE COUNTY BOARD OF EDUCATION AND THE CALDWELL COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN. SL 2021-51. Enacted June 23, 2021. Effective June 23, 2021.
Actions on Bills: 2021-06-24
H 67: GSC TECHNICAL CORRECTIONS 2021.
H 103: 2022 APPROPRIATIONS ACT (NEW).
H 168: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2021.-AB
H 181: WILDLIFE RESOURCES COMM'N. AMENDMENTS.-AB
H 218: STREAMLINE PERMITS/REDEVELOPMENT OF PROPERTY.
H 264: EMERGENCY POWERS ACCOUNTABILITY ACT.
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 461: STATE AUDITOR CLARIFYING AMENDMENTS.
H 602: UNC LEGISLATIVE PRIORITIES/HR/REPORTS.
H 619: WESTON'S LAW. (NEW)
H 642: DOWN SYNDROME ORGAN TRANS. NONDISCRIM. ACT.
H 707: STUDENT BORROWERS' BILL OF RIGHTS.
H 734: DEPT. OF HEALTH & HUMAN SERVICES REVISIONS.
H 805: PREVENT RIOTING AND CIVIL DISORDER.
H 911: REGULATORY REFORM ACT OF 2022.
H 916: WASTEWATER ADVANCED TREATMENT UNITS.
H 971: HONOR MELANIE WADE GOODWIN, FORMER MEMBER.
S 105: 2021 APPROPRIATIONS ACT.
S 116: PUTTING NORTH CAROLINA BACK TO WORK ACT. (NEW)
S 126: CLEAN UP OBSOLETE BOARDS.
S 173: FREE THE SMILES ACT. (NEW)
S 188: BD. OF ARCHITECTS/INTERIOR DESIGNERS.
S 208: LABOR LAW CHANGES.
S 300: CRIMINAL JUSTICE REFORM.
S 301: EXPAND EXPUNCTION ELIGIBILITY.
S 314: LOCAL GOV COMMISSION ASSISTANCE TOOLKIT. (NEW)
S 323: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.
S 360: PROHIBIT COLLUSIVE SETTLEMENTS BY THE AG.
S 367: UNC SELF-LIQUIDATING CAPITAL PROJECTS. (NEW)
S 425: GAP AND VVPA AGREEMENT CHANGES.
S 450: VARIOUS EDUCATION CHANGES. (NEW)
S 474: SEPTAGE MANAGEMENT AMENDMENTS.
S 493: JDIG MODIFICATION AND OTHER CHANGES. (NEW)
S 594: MEDICAID ADMIN. CHANGES & TECH. CORRECTIONS.-AB
S 605: NORTH CAROLINA FARM ACT OF 2021.
S 668: ANTI-PENSION SPIKING AMDS & LITIG. MORATORIUM.
S 726: CONFIRM DAVE RICHARD/DIRECTOR HEALTH BENEFITS.
Actions on Bills: 2021-06-24
S 41: REMOVE CERTAIN SATELLITE ANNEXATION CAPS.
S 122: TOWNS OF SPRUCE PINE & WEAVERVILLE DEANNEX. (NEW)
S 269: WASHINGTON-WARREN AIRPORT AUTHORITY (NEW)
© 2023 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.