The Daily Bulletin: 2021-08-05

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The Daily Bulletin: 2021-08-05

PUBLIC/HOUSE BILLS
H 911 (2021-2022) REGULATORY REFORM ACT OF 2022. Filed May 10 2021, AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.

House committee substitute makes the following changes to the 2nd edition.

Section 7

Eliminates the proposed changes to Article 17, Dispensing Opticians, of GS Chapter 90. Makes conforming organizational changes to renumber the remaining sections of the act.

Section 9

Modifies the proposed changes to the sensitive security information excluded from public records under GS 132-1.7. Now adds to the exclusion for information containing specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities to explicitly include detailed plans and drawings contained in (was, contained in or capable of being produced from) information storage systems or geographic information system databases. Revises the new exclusion, providing that specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for any of the following are not public record: (1) the production, generation, transmission, or distribution of energy and (2) the transmission or distribution of water (was, the treatment, transmission, or distribution of water). No longer includes in the new exclusion specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for the outfall, collection, or treatment of wastewater. 

Adds a new directive requiring the Joint Legislative Commission on Governmental Operations to evaluate existing public records laws concerning vulnerabilities that might exist with respect to public utilities, critical infrastructure, and cybersecurity, and report to the 2022 Regular Session of the NCGA on or before its convening. 

Adds the following new content.

Section 10

Amends GS 90-264 to specify that Article 36, governing massage and bodywork therapists, does not prohibit or affect national certified reflexologists engaged in the practice of reflexology, or an individual who is a reflexology student working to obtain certification under the supervision of a certified reflexologist, as described. Defines reflexology

Section 11

Eliminates the proposed revisions to the powers of the Environmental Management Commission under GS 143-215.111 regarding the power of the Commission to establish notice, comment, and hearing procedures related to application for permits required by Title V and implementing regulations adopted by the EPA. Instead, provides the following content in Section 11.

Amends GS 90-187.8, regarding the NC Veterinary Medical Board's authority to discipline licensees. Specifies that the Board can also impose and collect civil penalties of up to $5,000 per violation of the Article or rules adopted thereunder from a veterinary facility permittee (previously, only explicitly provided for penalties from a licensee). 

Intro. by Riddell, Bradford, Moffitt, Yarborough.STUDY, Columbus, GS 62, GS 90, GS 115C, GS 130A, GS 132, GS 160D
H 911 (2021-2022) REGULATORY REFORM ACT OF 2022. Filed May 10 2021, AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.

House amendments make the following changes to the 3rd edition.

Section 9

Amendment #3 adds to the proposed changes to the sensitive security information excluded from public records under GS 132-1.7. Regarding the new exclusion of specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for the transmission or distribution of water from public record, adds that information pertaining to the lead content in the construction materials of a public water distribution system remains public record. 

Section 10

Amendment #2 adds to proposed GS 90-264(9), which specifies that Article 36, governing massage and bodywork therapists, does not prohibit or affect an individual who is a reflexology student working to obtain certification under the supervision of a certified reflexologist, by limiting the exemption to reflexology students who obtain certification within 12 months of beginning the certification process. 

Section 12

Amendment #1 adds the following new content. 

Effective December 1, 2021, amends GS 130A-131.7 to include among the definition of lead poisoning hazard, any concentration of lead dust equal to or greater than 10 (was, 40) micrograms per square foot on floors or 100 micrograms (was, 250) per square foot on interior windowsills, or 250 milligrams per square foot on vinyl miniblinds, bathtubs, kitchen sinks, or lavatories. Additionally, changes the definition given for Department, applicable to Part 4, Article, GS Chapter 130A (governing lead poisoning in children), to now refer to the Department of Health and Human Services rather than the Department of Environmental Quality. Amends GS 130A-131.9C, as amended by SL 2021-69, to require that remediation plans require that the lead poisoning hazards be reduced to less than 10 micrograms per square foot for lead dust on floors, less than 100 micrograms per square foot for lead dust on interior windowsills, and less than 250 micrograms per square foot for lead dust on miniblinds, bathtubs, kitchen sinks, and lavatories. Makes technical changes. 

Intro. by Riddell, Bradford, Moffitt, Yarborough.STUDY, Columbus, GS 62, GS 90, GS 115C, GS 130A, GS 132, GS 160D

The Daily Bulletin: 2021-08-05

The Daily Bulletin: 2021-08-05

LOCAL/HOUSE BILLS
H 244 (2021-2022) LINCOLN CO. BD. OF ED./PARTISAN ELECTION. Filed Mar 9 2021, AN ACT TO CHANGE THE ELECTION METHOD FOR THE LINCOLN COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN.

AN ACT TO CHANGE THE ELECTION METHOD FOR THE LINCOLN COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN. SL 2021-99. Enacted August 5, 2021. Effective August 5, 2021, except as otherwise provided.

Intro. by Saine.Lincoln

The Daily Bulletin: 2021-08-05

LOCAL/SENATE BILLS
S 150 (2021-2022) VARIOUS LOCAL ACT CHANGES. (NEW) Filed Feb 24 2021, AN ACT TO AMEND THE CHARTER OF THE CITY OF MORGANTON TO CLARIFY THE TIME PERIOD FOR FILLING VACANCIES IN THE OFFICE OF MAYOR AND TO PROVIDE THAT THE CITY MANAGER SHALL APPOINT THE CITY CLERK; TO UPDATE FINES FOR CERTAIN BOATING VIOLATIONS ON LAKE JAMES; TO PROVIDE THAT ELECTIONS FOR THE TOWN OF HILDEBRAN SHALL BE HELD IN EVEN-NUMBERED YEARS; TO AUTHORIZE THE TOWN OF WELDON TO DISPOSE OF CERTAIN PROPERTY BY PRIVATE NEGOTIATION AND SALE; TO MAKE A TECHNICAL CORRECTION IN THE TERMS OF OFFICE FOR THE BOARD OF TRUSTEES OF CLEVELAND COMMUNITY COLLEGE; AND TO MODIFY THE AUTHORIZATION FOR THE DELAY OF THE LEXINGTON CITY BOARD OF EDUCATION ELECTIONS IN 2021.

Conference report makes the following changes to the 5th edition.

Makes technical changes to the lead-in language to the proposed changes to various sections of the Charter of the City of Morganton, SL 1975-180.

Deletes the proposed changes to GS 161-8, concerning the register of deeds and register of deeds office, applicable to Cleveland County.

Makes technical changes to the lead-in language to the proposed changes to GS 115D-12, concerning the selection of community college boards of trustees members. Specifies that the changes are applicable to Cleveland Community College only.

Amends Section 4 by correcting the number of the book containing the recorded deed for the listed property that the Town of Weldon is authorized to convey, in the specified manner.

Eliminates the proposed changes to Section 1.7(b), SL 2021-56, which clarified that Section 1.7(a) (prohibiting elections to the Lexington City Board of Education (Board) from being held in 2021), not Section 1.6(a) of the act is effective only if the federal decennial census information for the 2020 census has not been received by the Lexington City Board of Education by July 19, 2021. Instead, amends Section 1.7(a) of SL 2021-56 to now require election for members for terms set to expire December 6, 2021, are to be held at the time of the primary rather than the general election for county offices in 2022. Now requires notices of candidacy to be filed between December 6, 2021, and December 17, 2021 (was, July 25, 2022, and August 12, 2022). Adds a new provision to direct that individual certified winners of this election can be sworn into office at any time after issuance of the certificate of election. No longer specifies that the terms of office of those elected in this election commence on December 6, 2022. Adds a new directive for the Board to publish notice of the date of the election on its website and at least once in a newspaper within seven days of the date the act becomes law. Repeals Section 1.7(b), SL 2021-56, which conditions the effectiveness of Section 1.6(a) (erroneously, as Section 1.6(a) relates to the election of the Charlotte-Mecklenburg Board of Education in 2021) of that act upon the federal decennial census information for the 2020 census having not been received by the Board by July 19, 2021, with procedural requirements for the Board. 

Makes conforming changes to the act's long title. 

ACTIONS ON BILLS

Actions on Bills: 2021-08-05

PUBLIC BILLS

H 18: LOCAL SCHOOL ADMIN. UNIT CASH MANAGEMENT.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

H 73: TEMPORARILY WAIVE ABC PERMIT RENEWAL FEES. (NEW)

    House: Ratified

H 78: VARIOUS EDUCATION CHANGES. (NEW)

    Senate: Reptd Fav

H 96: ALLOW PHARMACISTS TO ADMIN. INJECTABLE DRUGS.

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S Com Sub
    House: Ordered Enrolled

H 121: CLARIFY EQIP FUNDING/DREDGING COST-SHARE. (NEW)

    Senate: Reptd Fav

H 312: QUALIFICATIONS FOR SHERIFF/EXPUNCTION.

    House: Ratified

H 320: MODERNIZE REMOTE BUSINESS ACCESS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 366: REGULATORY REFORM ACT OF 2021.

    House: Failed Concur In S Com Sub
    House: Conf Com Appointed

H 398: PISTOL PURCHASE PERMIT REPEAL (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 436: SUPPORT LAW ENFORCEMENT MENTAL HEALTH.

    Senate: Withdrawn From Com
    Senate: Re-ref to Health Care. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 447: THE JEFF RIEG LAW/PATIENTS RELIGIOUS RIGHTS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate

H 461: STATE AUDITOR CLARIFYING AMENDMENTS.

    Senate: Regular Message Sent To House

H 476: JUDGES IN STANLY/MONTGOMERY COUNTIES. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Redistricting and Elections. If fav, re-ref to Rules and Operations of the Senate

H 536: LAW ENFORCEMENT DUTY TO INTERVENE.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 608: DIGNITY FOR WOMEN WHO ARE INCARCERATED.

    Senate: Withdrawn From Com
    Senate: Re-ref to Health Care. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

H 729: CHARTER SCHOOLS OMNIBUS.

    Senate: Reptd Fav

H 776: REMOTE ELECTRONIC NOTARIZATION. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

H 911: REGULATORY REFORM ACT OF 2022.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Placed On Cal For 08/10/2021
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Passed 2nd Reading
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Passed 2nd Reading
    House: Placed On Cal For 08/10/2021

S 35: MAX 4-YR AGE DIFF TO MARRY UNDER 18 YRS. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/10/2021

S 299: NCDOI NAIC ACCREDITATION.-AB

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/10/2021

S 301: EXPAND EXPUNCTION ELIGIBILITY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/10/2021

S 316: GEN. CONTRACTORS/PLUMBING/ELECTR. EXEMPT.

    House: Withdrawn From Com
    House: Re-ref to the Com on Local Government - Land Use, Planning and Development, if favorable, Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

S 347: CAPTIVE INSURANCE AMENDMENTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/10/2021

S 507: MODIFY BUSINESS CORPORATION ACT.

    Senate: Ratified

Actions on Bills: 2021-08-05

LOCAL BILLS

H 19: REMOVE VARIOUS SATELLITE ANNEXATION CAPS. (NEW)

    House: Concurred On 3rd Reading
    House: Ordered Enrolled

H 24: CHIMNEY ROCK/LAKE LURE DEANNEX-ANNEX. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

H 244: LINCOLN CO. BD. OF ED./PARTISAN ELECTION.

    House: Ratified
    House: Ch. SL 2021-99

H 365: ASHEVILLE AIRPORT/PITT CONTRACTED AMBULANCES. (NEW)

    Senate: Reptd Fav
    Senate: Reptd Fav

S 150: VARIOUS LOCAL ACT CHANGES. (NEW)

    House: Conf Com Reported
    House: Conf Report Adopted
    House: Conf Report Adopted
    Senate: Conf Com Reported
    Senate: Placed On Cal For 08/09/2021

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