Senate committee substitute replaces the content of the 3rd edition with the following.
Part I.
Amends GS 105-122, which sets parameters for determining the net worth of a corporation for tax purposes, establishing that a foreign corporation that files a federal income tax return's net worth is based on the value of assets deemed to be in the United States. Effective for taxable years beginning on or after January 1, 2023, and applicable to the calculation of franchise tax reported on the 2022 and later caproate income tax return.
Further amends GS 105-122 to require corporations calculating their net worth to add the amount of indebtedness the corporation owes to a parent, subsidiary, affiliate, or noncorporate entity in which the corporation or group of corporations owns directly or indirectly more than 50% of the capital interest of the noncorporate entity, unless the debt creates qualified interest expense, as defined by state law.
Revises and adds to defined terms in GS 105-130.7B, which sets a limitation on qualified interest for certain indebtedness. Amends qualified interest expense to more specifically exclude from the described limitation the proportionate share of interest paid or accrued to a related member that is the ultimate payee (was, the interest paid or accrued to a related member) if one of four specified criteria are met. Adds and defines ultimate payee as a related member that receives or accrues interest directly from a related member or indirectly through related members.
Amends GS 105-130.8A to specify that the Secretary of Revenue (Secretary) must apply specified standards contained in regulations adopted pursuant to the Internal Revenue Code (Code) on a separate entity basis in determining the extent to which a loss survives a merger or an acquisition (previously did not provide for application on a separate entity basis). Makes a technical change to subsection (e) to account for other provisions of the statute.
Amends GS 105-130.11 to exempt insurance companies subject to the tax on gross premiums from corporate income tax imposed under Part 1, Article 4, which are exempt from federal income tax under the Code.
Corrects a statutory cross-reference in GS 105-228.5(d)(3) regarding taxes on the gross premiums of insurance companies and prepaid health plans.
Part II.
Amends GS 105-153.5(c2), which provides decoupling adjustments for state individual taxable income. Specifies that for taxable years 2021 through 2025, a taxpayer must add an amount equal to the amount by which the taxpayer's exclusion from their gross income for the discharge of a student loan under the specified section of the Code exceeds the exclusion that would have been allowed under the Code as enacted as of May 1, 2020. Adds that if the taxpayer is insolvent, as defined by the Code, then this addition is limited to the amount of discharge of student loan debt excluded from adjusted gross income under 108(f)(2) of the Code that exceeds the amount of discharge of debt that would have been excluded under 108(a)(1)(B) of the Code. Effective for taxable years beginning on or after January 1, 2021.
Amends GS 105-153.5A, which defines state net operating loss, to set the amount as that by which business deductions for the year exceed gross income (rather than gross business income) for the year as determined by the Code. Effective for taxable years beginning on or after January 1, 2021.
Amends GS 105-154 to require a business owed by a nonresident individual or by a partnership having one or more nonresident members to report information required by the Secretary (previously required reporting by the business manager). Adds new authority for the Secretary to enforce a business's liability for the tax on each nonresident owner or partner's share of the income by sending the business a notice of the proposed assessment pursuant to state law. Provides that when the nonresident partner is not an individual and has executed either an affirmation that the partner will pay its appropriate tax return or is not subject to state income tax, the business (rather than the business manager) is not required to pay the partner's share and must include such affirmation with its required report to the Secretary. Makes further changes to the section to replace manager with business regarding tax liability of such businesses.
Part III.
Repeals GS 105-164.3(161), which defines the term operator for purposes of Article 5, Sales and Use Tax.
Updates the term Streamlined Agreement under Article 5 to mean the Streamlined Sales and Use Tax Agreement as amended as of December 21, 2021.
Amends the term State under the Uniform Sales and Use Tax Administration Act, Part 7A, Article 5, to include any territory of the United States, including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the US Virgin Islands.
Repeals GS 105-164.4F(c1), which requires annual reporting by accommodation facilitators to the Secretary on accommodation rentals made during the prior calendar year.
Part IV.
Enacts GS 105-113.4L to require persons required to be licensed under the Tobacco Products Tax Act, Article 2A, to file reports with the Department of Revenue (Department) in the form required by the Secretary.
Updates the definition of International Fuel Tax Agreement under Article 36B, Tax on Motor Carriers, to mean the Articles of Agreement adopted by the International Fuel Tax Association Inc. as amended as of January 1, 2022.
Part V.
Amends GS 105-236(a)(10) to specify that the civil penalties provided of $50 per day, up to $1,000, apply to any failure to file a report when due to the Secretary, and includes reports required by Article 2A, 2C, 4, 4A, 5, 9, 36C, and 36D of the Chapter.
Amends GS 105-241.6(a)(2), which sets the general statute of limitations for obtaining a refund of an overpayment at two years after payment of the tax, to specify that the amount refunded cannot exceed the portion of the tax paid during the two years immediately preceding the taxpayer's request for refund.
Amends GS 105-241.13A, expanding the effect of inaction by a taxpayer after timely filing a request for review. Now provides that such inaction results in the proposed Departmental action becoming final, and including as a Departmental action, a proposed revocation of a certificate of registration, in addition to the proposed denial of a refund or the proposed assessment currently provided for. Makes conforming changes to make the statute's procedures applicable to all three Departmental actions.
Amends GS 105-241.21(c)(1), which sets the date at which interest accrues on an overpayment of franchise, income, and gross premium taxes, to specify that the date the final return was due to be filed excludes the consideration of extensions.
Limits the application of extension of federal returns, reports, and payment under section 7508A of the Code due to a presidentially declared disaster, as provided for in GS 105-249.2(b). Specifies that any such extension only applies to the corresponding State tax return and payment, with State returns and payments without corresponding federal returns and payments subject to the extension granted for individual income tax returns and payments by the IRS under section 7508A of the Code.
Amends GS 105-263(c), which provides for automatic extensions to file State income tax returns and franchise tax returns that correspond with federal income tax returns granted an automatic extension. Limits the subsection's application to extension applications filed with the Commissioner of Internal Revenue, and excludes extensions granted under section 7508A of the Code allowable under GS 105-249.2(b).
Part VI.
Amends GS 105-277.3(d1) regarding conservation exceptions for property taxes as agricultural, horticultural, and forestland classifications. Allows property appraised at its present use value to continue to qualify for taxation as agricultural, horticultural, and forestland classifications, without regard to actual production or income requirements of the statute, so long as (1) the property is subject to a qualifying conservation easement that meets the requirements of GS 113A-235(a) (was, that meets the requirements of GS 113A-232, without regard to actual production or income requirements of the statute) and (2) the taxpayer received no more than 75 percent of the fair market value of the donated property interest in compensation.
Changes the act's titles.
The Daily Bulletin: 2022-05-25
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The Daily Bulletin: 2022-05-25
| Intro. by Szoka, Bradford, Bell, Wheatley. | GS 105 |
Senate committee substitute replaces the content of the 3rd edition with the following.
Part I.
Enacts Article 29E to GS Chapter 115C, codifying ten statutory rights of a parent:
- to direct the education and care of their child;
- to direct the upbringing and moral or religious training of their child;
- to enroll their child in a public or nonpublic school and in any school choice options available for which the child is eligible to comply with attendance laws;
- to access and review all education records relating to their child as authorized by federal law;
- to make health care decision for their child unless otherwise provided by law;
- to access and review all medical records of their child as authorized by federal law, unless prohibited by law or unless the parent is subject to certain GS Chapter 14 or 7B investigations;
- to prohibit the creation, sharing, or storage of a biometric scan of their child without the parent's prior written consent, unless authorized by court order or law;
- to prohibit the creation, sharing, or storage of their child's blood or DNA without the parent's prior written consent, unless authorized by court order or law;
- to prohibit the creation by the State of a video or voice recording of their child without the parent's prior written consent, except a recording made in a court proceeding, a GS Chapter 14 or 7B investigation, or made for a safety demonstration, academic or extracurricular activity, classroom instruction, ID cards, or security or surveillance of buildings or grounds; and
- to be promptly notified if an employee of the State suspects that a criminal offense has been committed against their child, unless the incident has first been reported to law enforcement or the county child welfare agency, and notification of the parent would impede the investigation.
Defines child, parent, and State. Specifies that the Article does not authorize a parent to engage in unlawful conduct, and does not prohibit State officials, employees, or courts from acting within their official capacity within the reasonable and prudent scope of their respective authorities. Deems State employees who encourage, coerce, or attempt to encourage or coerce a child to withhold information from their parent subject to disciplinary action.
Part II.
Enacts Article 7B to GS Chapter 115C. Defines child, parent, principal, school personnel, and superintendent. Includes legislative findings. Requires public school units to (1) inform parents of their legal rights and responsibilities with regards to their child's education, (2) provide a parent's guide for student achievement annually to parents, and (3) develop policies to effectively involve parents in schools and their child's education.
Enumerates 11 legal rights parents have with regards to their child's education, pursuant to specified state laws:
- the right to consent or withhold consent for participation in reproductive health and safety education programs;
- the right to seek a medical or religious exemption from immunization requirements;
- the right to review statewide standardized assessment results as part of the State report card;
- the right to request an evaluation of their child for an academically or intellectually gifted program, or for identification as a child with a disability;
- the right to inspect and purchase public school unit textbooks and other supplementary instructional materials;
- the right to access information relating to the unit's policies for promotion or retention;
- the right to receive student report cards on a regular basis that clearly depict and grade the student's academic performance in each class or course, the student's conduct, and the student's attendance;
- the right to access information relating to the State public education system, State standards, report card requirements, attendance requirements, and textbook requirements;
- the right to participate in parent-teacher organizations;
- the right to opt out of certain data collection for their child; and
- the right to review all available records of materials their child has borrowed from a school library.
Requires public school units to allow parents to exercise their legal rights and make the enumerated rights available to parents either electronically or by display on the school's website.
Requires the State Board of Education (State Board) to develop and annually update minimum requirements for public school units for a parent's guide to student achievement. Details nine required components, including opportunities for parental participation, educational choices available to parents, contact information for school and unit offices, and resources for information on the importance of student health and other available resources for parents. Requires public school units to provide parents, students, and school personnel a parent guide to student achievement at the beginning of each year that meets the State Board's minimum requirements, is understandable to students and parents, and is discussed at the beginning of each school year in meetings of students, parents, and teachers.
Directs the governing bodies of public school units to develop and adopt policies to promote parental involvement and empowerment in the unit. Requires consultation with stakeholders. Sets requirements for the policies, including providing links to parents for community services. Additionally requires governing bodies to establish policies to meet six purposes, including providing for parental participation to improve parent and teacher cooperation, and establishing a process for parents to review materials for and to consent or withhold consent for participation in reproductive health and safety education programs.
Establishes the procedure for a parent to exercise their right to information by submitting a written request to their child's principal. Gives the principal a 10-business day period to comply or provide a 20-business day extension notice due to the volume or complexity of the request. Allows for parents to submit a written request to the superintendent if the principal denies their request or fails to respond with the timeline required, with a statement regarding the time frame of the denial or failure. Allows for the parent to appeal a denial or lack of response to the governing board of the public school unit if the superintendent denies or does not respond to the request within 10 business days, within 20 days of the request to the superintendent. Requires the governing body to schedule the appeal on the agenda for its next meeting occurring at least three business days after submission. Requires governing bodies to establish policies governing requests for information and appeals consistent with the act and display policies as specified. Deems decisions of a governing body final.
Requires governing bodies of a public school unit to adopt procedures to notify a parent of the following, at times specified: each health care service offered at their child's school and the means to provide consent to any service; procedures to exercise parental remedies; any K-3 student well-being questionnaire or health screening form and the means to provide consent to their use for their child; changes in services or monitoring related to their child's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for their child; and change to the name or pronoun used for the student in school records or by school personnel. Requires school personnel to encourage a child to discuss issues related to the child's well being with their parent and facilitate such discussions. Provides limitations to disclosure of a child's education and health records. Sets limitations on procedures and formS that prohibit school employees from notifying a parent about their child's health or well-being or a change related to services or monitoring, or that encourage or have the effect of encouraging a child to withhold such information from their parent.
Requires student support services training developed or provided by a public school unit to school personnel to adhere to student services guidelines, standards, and frameworks established by the Department of Public Instruction (DPI).
Prohibits instruction on sexual orientation or gender identity from inclusion in K-3rd grade curriculum, as specified.
Directs governing boards of public school units to adopt procedures for a parent to notify the principal at their child's school regarding concerns about the unit's procedure or practice under the act and a process for resolving those concerns within seven days of notice. Requires the unit to provide a statement for not resolving the concern within that timeframe, and allows a parent to notify the State Board or bring an action against the school unit for injunctive relief if the concern is not resolved within 30 days. Directs the State Board to establish rules for parental concern hearings with five minimum requirements that must be met.
Directs DPI to review and update school counseling frameworks and standards, educator practices and professional conduct principles, and other student services and school personnel guidelines, standards, or frameworks by June 30, 2023.
Applies beginning with the 2022-23 school year.
Part III.
Enacts Part 3, Article 1A, GS Chapter 90, to prohibit health care practitioners, as defined, from providing, soliciting, or arranging treatment for a minor child without written consent from their parent, and prohibit health care facilities, as defined, from allowing treatment to be performed on a minor child without written consent from their parent, subject to state law and court order. Defines treatment. Excludes services provided by a clinical lab unless delivered through direct encounter with the minor child at the clinical laboratory facility. Subjects health care practitioners or other persons who violate the Part to disciplinary action by their respective authorizing board, including a fine of up to $5,000. Applies to violations committed on or after December 1, 2022.
Part IV.
Effective July 1, 2022, unless otherwise provided.
Changes the act's titles.
Senate committee substitute to the 5th edition makes the following changes.
Section 7
Revises the proposed changes to GS 132-1.7 that exempt certain security plans, documents, practices, and designs from public records law. Adds that specific security information or detailed plans, patterns, or practices associated with local confinement facilities operations are not included in public records.
House committee substitute to the 1st edition specifies that Regina Smith Adams is to be the member representative of employees (was, employers). Makes conforming changes to the whereas clauses.
| Intro. by D. Hall. | JOINT RES |
Effective September 1, 2022, enacts GS 96-15.4 to require the Division of Employment Security's (Division) rules and procedures for claims and benefits to permit claimants and employers to file a claim or create an employer account during an in-person appointment and interview with valid identification, and to receive Form 1099-G by US mail only. Bars the Division from requiring a person to use online facial recognition to make a claim or create an employer account.
Appropriates $250,000 from the General Fund to the Division for 2022-23 to fund the program changes required by new GS 96-15.4. Effective July 1, 2022.
Directs the Department of Health and Human Services (DHHS), Division of Public Health (DPH), to study the medical issues surrounding polycystic ovary syndrome and its impact on North Carolina women. Details five required components of the study, including examining the number of women diagnosed and misdiagnosed in the last five years, along with any other matters DPH deems relevant. Directs DPH to report to the specified NCGA committee by December 1, 2023.
Directs DPH to design and oversee a statewide awareness campaign to provide medical information on polycystic ovary syndrome and the findings of its study.
Appropriates $150,000 from the General Fund to DPH for 2022-23 to fund the study and the statewide campaign.
Effective July 1, 2022.
Appropriates $10 million for 2022-23 in nonrecurring funds from the unreserved balance in the General Fund to the Department of Transportation to be used as title indicates. Effective July 1, 2022.
| Intro. by Harris. | APPROP |
Amends GS 160D-702 to authorize a local government to provide for inclusionary zoning in its zoning regulations in order to supplement the availability of affordable housing.
Appropriates $10 million in recurring funds from the General Fund to the Housing Finance Agency for 2022-23 to be used for the Workforce Housing Loan Program.
Effective July 1, 2022.
Substantively identical to H 1002, filed 5/19/22.
Amends the definition of qualified aircraft in GS 105-164.3 as it applies in Article 5 of GS Chapter 105 (Sales and Use Tax) to include an aircraft with a maximum take-off weight of more than 2,000 pounds (was, maximum take-off weight of more than 9,000 but not exceeding 15,000 pounds). Applies to sales occurring on or after July 1, 2022.
| Intro. by Hardister, Szoka. | GS 105 |
Amends GS 135-5 (concerning the Teachers' and State Employees' Retirement System), GS 135-65 (concerning the Consolidated Judicial Retirement System), and GS 120-4.22A (concerning the Legislative Retirement System), to provide, from and after July 1, 2022, a 2.5% increase in the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 2021, or a prorated amount for those whose retirement commenced after July 1, 2021, but before June 30, 2022, as determined by the respective Board of Trustees.
Appropriates $127 million from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments for the 2022-23 fiscal year to implement the act.
Effective July 1, 2022.
Appropriates $125,000 for 2022-23 in nonrecurring funds from the Highway Fund to the North Carolina Rail Division for the Pitt County-Greenville Passenger Rail Service Feasibility Study. Stipulates these funds are to be used only if Pitt County and the City of Greenville contribute the remainder of the funds necessary to complete the study. Effective July 1, 2022.
Enacts GS 75-44 to require a business where electric vehicle charging stations are provided to the public at no charge to disclose on every receipt to all customers the percentage of the customer's total purchase price that is the result of the business providing the charging stations at no charge.
Enacts GS 136-18.02A to prohibit the Department of Transportation from using public funds to provide electric vehicle charging stations on property owned or leased by the State, or to fund or install the stations on property owned or leased by a person or entity, unless the Department or the person or entity provides gasoline and diesel fuel for motor vehicles through a pump to the public at no charge. Excepts operation of stations at State-owned rest stops authorized by GS 136-18.02.
Similarly, enacts GS 153A-460 concerning counties, and GS 160A-499.5 concerning cities, to prohibit counties and cities from using public funds to provide electric vehicle charging stations on property owned or leased by the county or city, or to fund or install the stations on property owned or leased by a person or entity, unless the county or city provides gasoline and diesel fuel for motor vehicles through a pump to the public at no charge.
Appropriates $50,000 from the General Fund to the Department for 2022-23 for removal of electric vehicle charging stations that conflict with the act's provisions. Directs the Department to develop a process to administer and distribute the funds. Effective July 1, 2022.
Includes whereas clauses. Appropriates $5 million in recurring funds from the General Fund to the Department of Health and Human Services, Division of Family and Well-Being (Division) to establish and administer a Youth Sports Scholarship Program (Program). Sets four requirements and limitations of the Program, including limiting scholarship eligibly to families whose total income is at or below 200% of the current poverty level, capping awards to one household to $1,000, requiring the Division to limit the uses of scholarships to three specified purposes, and authorizing the Division to use up to 5% of the appropriated funds for administrative purposes. Effective July 1, 2022.
| Intro. by Alston, Lambeth, Hardister, Farkas. | APPROP |
Effective June 30, 2022, amends the definition of marijuana under the NC Controlled Substances Act, set out in GS 90-87, to explicitly exclude hemp and hemp products. Adds and defines the term hemp as any part of Cannabis sativa with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis; includes any part of the plant, its seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not. Adds and defines the term hemp products to include all products made from hemp, with a nonexhaustive list such as cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and verified propagules for cultivation if the seeds originate from hemp varieties.
Appropriates $2,500 from the General Fund to the Department of Agriculture and Consumer Services for 2022-23 to produce educational materials to inform the public of operational changes in the hemp program. Effective July 1, 2022.
Amends GS 66-356 to require a cable service provider or cable system that charges subscribers for missing scheduled service appointments to also provide customers with confirmation of scheduled appointments and to pay subscribers the same amount if it fails to deliver service to the subscriber at a scheduled service appointment time. Violations are deemed an unfair or deceptive act or practice.
Appropriates $5,000 from the General Fund to the Utilities Commission for 2022-23 to inform the public of their rights under this act.
Applies to scheduled cable service appointments occurring on or after July 1, 2022.
Includes whereas clauses. As title indicates.
| Intro. by K. Hall, Sauls, Hastings, Moore. | JOINT RES |
Appropriates $1 million in nonrecurring funds for 2022-23 from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, as a directed grant to Cabarrus County to be used to operate and expand the Substance Use Network (SUN) project in order to build a collaborative system of care for pregnant mothers with a substance use disorder, and their infants and families, in Cabarrus, Rowan, and Stanly Counties. Effective July 1, 2022.
Substantively identical to S 802, filed 5/25/22.
Appropriates $50,745,000 from the General Fund to the Department of Public Safety (Department) for 2022-23 to fund one-time $1,500 bonuses for local law enforcement officers employed on July 1, 2022. Defines local law enforcement officer as a full-time employee hired by the local employing authority (as defined) and serving as a sheriffs' deputy, police officer, detention officer, or telecommunicator.
Requires, by August 1, 2022, that each local employing authority submit documentation identifying the eligible officers to the Department. Also requires the local employing authority, before receiving any funds, to submit an attestation acknowledging that program funds must be provided directly to the eligible officers. Requires the bonus to be paid by September 1, 2022.
Effective July 1, 2022.
| Intro. by McNeill, Boles, C. Smith. | APPROP |
Part I.
Enacts GS 135-106(b1), establishing formulas for participants and beneficiaries of the the Disability Income Plan to reduce the amount of the long-term disability benefit of those receiving workers' compensation benefits, with distinct calculations provided based on entitlement to a weekly workers' compensation payment, a lump sum workers' compensation payment equal to a stated weekly or monthly amount for a given number of weeks or months, or a lump sum workers' compensation payment that is not in reference to a stated weekly or monthly amount. Allows the member to contact the Retirement Systems Division to cease the reduction upon verification that the reductions have totaled the entirety of a lump sum workers' compensation payment. Applies to participants or beneficiaries who become entitled to receive workers' compensation benefits on or after July 1, 2022.
Part II.
Amends GS 135-5(m1) and (m2) concerning the Teachers and State Employees' Retirement System (TSERS), and GS 128-27(m1) and (m2) concerning the Local Governmental Employees' Retirement System (LGERS), regarding elections by a member pursuant to those provisions to transfer any portion of the member's eligible accumulated contributions from the Supplemental Retirement Income Plan to TSERS or LGERS, respectively, and receive an additional special retirement allowance based on their eligible accumulated account balance at the date of the transfer of the assets to the System. Provides that, for transfers made on or after July 1, 2022, no special allowance can be paid to the member if the respective System's Board of Trustees determines that the member was ineligible for the election or the election was impermissible under state or federal law. Requires that the member return to the respective System any amount already paid as a special retirement allowance, and the System return the amount to the sources of the transfer, or if not possible to return, the member can designate another eligible account under the transferor plan or receive a lump sum distribution paid directly to the member if otherwise eligible for a distribution under the plan at such time.
Part III.
Amends GS 135-5.5 concerning TSERS, and GS 128-23.1 concerning LGERS, which governs inactive employers under the Retirement Systems. Deems an employer who fails to report any qualifying employees for six consecutive months an inactive employer. Requires the Retirement Systems Division to annually notify all employers who were reported to the System's Board of Trustees as inactive employers. Allows for inactive employers to apply to extend its inactive period for up to one year by submitting to their respective System clear and convincing evidence satisfactory to that System of the employer's intention to hire an employee in a position qualifying for membership service, within the timeline specified. Gives a timeline by which the respective Board of Trustees must make a determination on whether to extend an inactive status. Requires ceasing participation and withdrawal from TSERS or LGERS on October 1 for employer notified as inactive that has not resumed reporting eligible employees or has not had its inactive status extended. Makes technical changes. Effective December 31, 2022.
Part IV.
Amends GS 115C-341.2 and GS 115D-25.4 to require local school boards and community college boards of trustees that continue to sponsor their 403(b) plan following the Department of State Treasurer (Department) and Supplemental Retirement Board(SRB)'s election to discontinue offering the Public School Teachers' and Professional Educators' Investment Plan (Investment Plan), to designate another investment provider in their plan to receive any assets remaining upon the discontinuation of the Investment Plan. Authorizes the Department and SRB to transfer remaining assets on behalf of a board that fails to make such a designation to an individual retirement account selected in a vendor solicitation pursuant to state law.
Part V.
Amends the payment provisions of the Public Safety Employees' Death Benefits Act, GS 143-166.3, to prohibit the State Treasurer from paying or distributing a death benefit awarded under the statute to any person other than the beneficiary or the beneficiary's parent or legal guardian, unless otherwise allowed by specified law.
Part VI.
Amends GS 135-106, which provide for long-term disability benefits under the Disability Income Plan, to provide that the provisions of the statute that were in effect on July 31, 2007, apply to any beneficiary or participant with at least five years of membership service as of July 31, 2007.
Part VII.
Adds a new requirement to property finder agreements under GS 116B-78 of the Unclaimed Property Act to require the agreement have a notarized signature of a licensed private investigator authorized to bind the property finder.
Part VIII.
Amends GS 159-151 to authorize the Local Government Commission to deny the application for approval of a proposed contract of any local school administrative unit or community college that fails to comply with GS 143-64.17A(a1), which requires an administrative unit or community college to give 15 days' notice to the LGC of their intent to issue a request for proposal for a guaranteed energy savings contract that would involve a financing agreement under GS 160A-20.
Part IX.
Includes a severability clause.
Part X.
Effective July 1, 2022, unless otherwise provided.
To be summarized.
| Intro. by C. Smith, McNeill. |
To be summarized.
| Intro. by Arp, Saine, Paré, Goodwin. |
Appropriates $6 million from the General Fund to the Office of State Budget and Management for 2022-23 to provide a directed grant to the Western Piedmont Council of Government (WPCOG) for expenditures related to the expansion of its offices and construction of a WPCOG regional career center. Permits funds to be used to construction or expansion of a WPCOG facility as specified. Specifies that the funds remain available for these purposes and do not revert.
| Intro. by Adams, Setzer. | APPROP |
Requires the Legislative Research Commission (LRC) to study increasing housing options available to adults with intellectual and developmental disabilities (IDD). Sets out seven actions that must be done as a part of the study, including considering housing transition plans for adults with IDD, incorporating and considering any strategic plans that have been developed by the Department of Health and Human Services related to housing, and considering any necessary services and supports for adults with IDD that will make a transition to independent living more successful. Requires LRC to report to the 2023 General Assembly upon its convening.
Appropriates $200,000 form the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services for the Transitions to Community Living Initiative.
Identical to S 753, filed 5/18/22.
Appropriates $812,000 in nonrecurring funds for 2022-23 from the General Fund to the Office of State Budget and Management to provide a directed grant to the Town of Stantonsburg as title indicates. Effective July 1, 2022.
Appropriates $8 million in nonrecurring funds for 2022-23 from the General Fund to the Town of Elm City for costs associated with replacing the municipal sewage system. Provides that these funds do not revert but remain available to the Town for the purposes allowed in this act.
Requires governing bodies of a public school unit to adopt procedures to notify a parent of the following, at times specified: each health care service offered at their child's school and the means to provide consent to or decline any service; procedures to exercise parental remedies; any K-6 student well-being questionnaire or health screening form and the means to provide consent to their use for their child; or changes in services or monitoring related to their child's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for their child. Requires school personnel to encourage a child to discuss issues related to the child's well being with their parent and facilitate such discussions. Provides limitations to disclosure of a child's education and health records. Sets limitations on procedures and forms that prohibit school employees from notifying a parent about their child's health or well-being or a change related to services or monitoring, or that encourage or have the effect of encouraging a child to withhold such information from their parent.
Requires student support services training developed or provided by a public school unit to school personnel to adhere to student services guidelines, standards, and frameworks established by the Department of Public Instruction (DPI).
Prohibits instruction on sexual orientation or gender identity from inclusion in the K-6th grade curriculum, as specified.
Directs governing boards of public school units to adopt procedures for a parent to notify the principal at their child's school regarding concerns about the unit's procedure or practice under the act and a process for resolving those concerns within seven days of notice. Requires the unit to provide a statement for not resolving the concern within 30 days, and allows a parent to notify the State Board or bring an action against the school unit for injunctive relief if the concern is not resolved within 30 days. Directs the State Board to establish rules for parental concern hearings with five minimum requirements that must be met.
Directs DPI to review and update school counseling frameworks and standards, educator practices and professional conduct principles, and other student services and school personnel guidelines, standards, or frameworks by June 30, 2023.
Appropriates $250,000 from the General Fund to DPI for 2022-23 to inform the public of the act's provisions, including updating websites.
Applies beginning with the 2022-23 school year.
Part III.
Enacts Part 3, Article 1A, GS Chapter 90, to prohibit health care practitioners, as defined, from providing, soliciting, or arranging treatment for a minor child without written consent from their parent, and prohibit health care facilities, as defined, from allowing treatment to be performed on a minor child without written consent from their parent, subject to state law and court order. Defines treatment. Excludes services provided by a clinical lab unless delivered through direct encounter with the minor child at the clinical laboratory facility. Subjects health care practitioners or other persons who violate the Part to disciplinary action by their respective authorizing board, including a fine of up to $5,000. Applies to violations committed on or after December 1, 2022.
Part IV.
Effective July 1, 2022, unless otherwise provided.
Substantively identical to S 803, filed 5/25/22.
States that the act's purpose is to authorize: (1) the acquisition or construction of the capital improvement projects listed in this act for the respective UNC institutions; and (2) the financing of these projects with funds available to the institutions from gifts, grants, receipts, self-liquidating indebtedness, Medicare reimbursements for education costs, hospital receipts from patient care, or other funds, or any combination of these funds, but not funds received for tuition or appropriated from the General Fund (unless previously authorized by General Statute). Authorizes the following capital improvement projects: (1) $20 million for the Holmes Convocation Center Parking Deck at Appalachian State University; (2) $5 million for a new residence hall at Elizabeth City State University; and (3) $80 million for an integrated sciences building at NC State University. Allows the Director of the Budget, upon request of the UNC Board of Governors (BOG) and if it is in the State's best interest, to authorize an increase or decrease in the cost of, or a change in the method of, funding the projects. Allows the BOG to issue, subject to the Director of the Budget's approval, at one time or from time to time, special obligation bonds of the BOG to pay the cost of acquiring, constructing, or providing for the projects. Caps the principal amount of bonds to be issued at the specified project costs plus 5% of that amount to pay issuance expenses, fund reserve funds, pay capitalized interest, and pay other related additional costs plus any increase in the specific project costs authorized by the Director of the Budget.
| Intro. by Hardister, Pickett, Hawkins, Hunter. | UNCODIFIED |
Amends GS 163-82.14 to revise the Department of Health and Human Services' reporting responsibilities to election officials concerning deceased residents of the state. Now requires DHHS to monthly send to each county's board of elections a list of names of deceased residents of the county, free of charge, and maintain a record of the names sent to each county and the dates the lists were sent (previously, DHHS was required to send the names of deceased state residents to the State Board of Elections, who then was required to monthly distribute the counties the list of deceased county residents). Requires county boards to remove persons listed who were registered to vote and resided in the county from the voter roll within 30 days of receipt of the monthly list (previously required removal of persons listed upon receipt). Requires county boards to certify under oath to the State Board of Elections the names removed from its voter registration records within the same 30-day period.
| Intro. by Zachary, Yarborough, Davis, Elmore. | GS 163 |
Disapproves 15A NCAC 10D .0106 (Designated Bear Management Areas), as adopted by the North Carolina Wildlife Resources Commission on February 24, 2022, and approved by the Rules Review Commission on May 19, 2022.
| Intro. by Harrison, Carney. | UNCODIFIED |
Appropriates $10,112 from the General Fund to the UNC Board of Governors for 2022-23 to be allocated to the Department of Parks, Recreation and Tourism Management in the College of Natural Resources at NC State University for a pilot program in Wake County promoting the sport of pickleball. Sets out the purpose of the pilot. Requires that the pilot consist of at least the following: (1) at least two focus groups conducted to gain insight into how to best create and promote the program and to increase diversity among pickleball participants, (2) creation of a branded introduction to the program and sport, (3) marketing of the program, (4) a four-week session held both in the fall of 2022 and the spring of 2023 at the recreation centers in Raleigh located on Method Road and Chavis Park, and (5) post-program evaluation and creation of a toolkit that can be used to implement similar programs for parks and recreation departments and other community organizations. Specifies that the funds do not revert but remain available to the Department for the purposes provided in this act.
The Daily Bulletin: 2022-05-25
House committee substitute replaces the content of the 2nd edition with the following.
Section 1
Enacts GS 14-164.1, making it a Class I felony to possess a catalytic converter that has been removed from a motor vehicle, unless the conduct has greater punishment under another law. Provides two exceptions: (1) for individuals, or employees or agents of a company, acting in their official duties for a licensed, permitted, or registered dealer, repair shop, secondary metals recycler, or salvage yard; and (2) for individuals possessing a registration documenting that the catalytic converter is the result of a replacement from a vehicle registered to that individual.
Amends GS 66-424 to allow secondary metals recyclers to purchase catalytic converters from persons described in the exceptions enacted in GS 14-164.1.
Applies to offenses committed on or after December 1, 2022.
Section 2
Amends GS 20-13.2 to change the date by which revocation of a driving eligibility certificate is effective from the tenth to the thirtieth calendar day after the mailing of the revocation notice to the individual. Applies to revocation notices mailed on or after October 1, 2022.
Section 3
Establishes a United States Army Special Forces special registration plate under GS 20-79.4. Exempts the plate from the requirements of GS 20-79.3A and GS 20-79.8. Effective October 1, 2022.
Section 4
Enacts GS 20-79(b1) to require the Division of Motor Vehicles (DMV) to provide a registration card with each dealer license plate issued that lists all valid dealer license plates issued to that dealer. Requires reissuance of registration cards as necessary. Applies to dealer plates issued on or after December 1, 2022.
Section 5
Amends GS 20-79(d) to specify that a dealer license plate displayed on a vehicle must match either (1) a copy of the registration card for the dealer plate issued to the dealer carried by the operator, or (2) when operating within the State, a registration card for the dealer plate issued to the dealer that is maintained on file at the dealer's address listed on the registration card and the card can be produced within 24 hours of law enforcement's request. Applies to offenses committed on or after December 1, 2022.
Section 6
Amends GS 20-157, which requires drivers to either change lanes or slow their speed when a listed authorized emergency vehicle or public service vehicle is parked or within 12 feet of a roadway and giving a warning signal by appropriate light. Expands the definition of public service vehicle to explicitly include a vehicle being used to install, maintain, or restore water or wastewater services. Makes technical and clarifying changes. Applies to offenses committed on or after July 1, 2022.
Section 7
Regarding temporary licenses issued to motor vehicle dealer renewal applicants under GS 20-295, requires the DMV to include a statement on temporary licenses issued under the statute noting that the license has been issued during a license renewal application review and is valid to engage in business in the State with all rights and privileges of a license. Makes additional clarifying changes. Applies to applications for license renewal submitted on or after October 1, 2022.
Changes the act's titles.
House amendment to the 3rd edition makes the following changes.
Section 1
Amends proposed new GS 14-164.1, to remove the specified exceptions to the Class I felony for possessing a catalytic converter that has been removed from a motor vehicle, for: (1) individuals, or employees or agents of a company, acting in their official duties for a licensed, permitted, or registered dealer, repair shop, secondary metals recycler, or salvage yard; and (2) individuals possessing a registration documenting that the catalytic converter is the result of a replacement from a vehicle registered to that individual. Adds the requirement that the individual knew or should have known that the catalytic converter was unlawfully obtained.
House committee substitute replaces the content of the 2nd edition with the following.
Effective June 30, 2022, amends the definition of marijuana under the NC Controlled Substances Act, set out in GS 90-87, to explicitly exclude hemp and hemp products. Adds and defines the term hemp as any part of Cannabis sativa with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis; includes any part of the plant, its seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not. Adds and defines the term hemp products to include all products made from hemp, with a nonexhaustive list such as cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and verified propagules for cultivation if the seeds originate from hemp varieties.
Effective June 30, 2022, amends GS 90-94, which sets out the Schedule VI controlled substances, by excluding from tetrahydrocannabinols hemp or hemp products.
Changes the act's titles.
| Intro. by Britt, Mohammed, Lee. | GS 90 |
House committee substitute replaces the content of the 2nd edition with the following.
Amends GS 90-30 to allow clinical examinations required of applicants for a license to practice dentistry to include procedures performed on simulated human subjects, such as manikins, rather than human subjects only as currently required.
Amends GS 90-36 to distinguish and revise the qualifications for a dentist to receive a license by credentials by way of either holding an instructor's license or graduating from a specified dental school. Now requires applicants who hold a current instructor's license to have held the license for at least two years prior to applying, and have been engaged in the teaching and practice of clinical dentistry for a minimum of 2,000 hours in the two years immediately preceding the date of application (previously, only required to hold a current instructor's license). Now exempts applicants for licensing by credentials who hold an instructor's license and meet these new requirements from the qualification to have five years of experience practicing pursuant to subdivision (c)(1). Requires those qualifying by graduating with a dental degree to have graduated from a school or college accredited by the US Department of Education (was, accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the NC Board of Dental Examiners).
Eliminates the requirement for licensed dentists to begin submitting demographic and clinical data for State-funded health care services to the Health Information Exchange Network pursuant to GS 90-414.4 by January 1, 2023, and instead authorizes licensed dentists to voluntarily connect to the HIE Network and data.
Changes the act's titles.
| Intro. by B. Jackson, Sanderson, Edwards. | GS 90 |
Senate committee substitute makes the following changes to the 2nd edition.
Section 1
Adds the following. Effective June 30, 2022, amends GS 90-94, which sets out the Schedule VI controlled substances, by excluding from tetrahydrocannabinols hemp or hemp products.
Senate committee substitute to the 1st edition makes the following changes. Makes an organizational change to the proposed language in GS 20-87.
Amends GS 130A-412.31 as title indicates.
Appropriates $10,000 from the General Fund to the Department of Health and Human Services, Division of Public Health for 2022-23 to raise public awareness on the amended age requirement in GS 130A-412.31.
Effective July 1, 2022.
Creates the 15-member Joint Legislative Study Committee on Short Term Compensation (committee). Provides for legislative appointment of the 12 committee members. Provides for three ex officio members, including the Assistant Secretary of the Department of Commerce in charge of the Division of Employment Security. Sets forth parameters for meetings, vacancies, member expenses, and staffing. Directs the committee to study short term compensation and its possible enactment and implementation as authorized by specified federal laws. Sets required components to study if STC is enacted, including a review of programs in other states. Directs the committee to report to the 2023 NCGA, at which time the committee terminates. Grants the committee specified powers to carry out its duties.
Appropriates $50,000 from the General Fund to the NCGA for 2022-23 to support the committee.
Effective July 1, 2022.
Appropriates $12 million in nonrecurring funds for 2022-23 from the General Fund to the Town of Hillsborough as title indicates. Effective July 1, 2022.
Directs that the seven airports allocated funds from appropriations of the Department of Transportation in Section 4.7 of SL 2019-231 have until June 30, 2024, to expends or encumber those funds (Section 4.7 requires the funds to be returned to the Department and credited to the fund from which they were appropriated if not expended or encumbered by August 31 of the year following the fiscal year in which the Department makes the allocation).
| Intro. by McInnis, Britt, Sawyer. | UNCODIFIED |
Effective October 1, 2022, amends GS 20-7 to allow a driver education instructor, qualified under GS 115C-215(e), or a commercial driver training instructor, qualified under GS 20-323(b), to administer the vision test required for a restricted instruction permit if the instructor demonstrates the ability to properly administer the test pursuant to Division of Motor Vehicle (DMV) standards, and the tested applicant is enrolled in a driver education program approved by the State Superintendent of Public Instruction offered at a public school, nonpublic secondary school, or a licensed drivers training school. Authorizes the DMV to adopt implementing rules.
Appropriates $100,000 from the Highway Fund to the DMV for 2022-23 to implement the act. Effective July 1, 2022.
Blank bill.
| Intro. by Harrington, Hise, B. Jackson. | APPROP |
Blank bill.
| Intro. by B. Jackson, Harrington, Hise. | APPROP |
Blank bill.
| Intro. by Hise, Harrington, B. Jackson. | APPROP |
Appropriates $456,101 from the General Fund to Indigent Defense Services for 2022-23 to create four time-limited, full-time positions in Forsyth County, including two assistant public defenders, one legal assistant, and one investigator, for three years, to address the backlog the backlog created by the COVID-19 pandemic.
Requires the Director of Budget to include $440,534 additional funding for the 2023-24 and 2024-25 fiscal years in the base budget for Public Defender Services.
Effective July 1, 2022.
| Intro. by Lowe. | APPROP |
Identical to H 1043, filed 5/25/22.
Amends GS 160D-702 to authorize a local government to provide for inclusionary zoning in its zoning regulations in order to supplement the availability of affordable housing.
Appropriates $10 million in recurring funds from the General Fund to the Housing Finance Agency for 2022-23 to be used for the Workforce Housing Loan Program.
Effective July 1, 2022.
Due to the fact that Governor Cooper's proposed budget was released on May 11, 2022, and has been available to the public in advance of the filing of this bill, we will not be including a summary of the bill version of his budget. For the content of the bill, please follow the link to the bill on the General Assembly's site above. Further information on the Governor's proposed budget can also be found on the Office of State Budget and Management's website at https://www.osbm.nc.gov/media/2569/open.
| Intro. by B. Jackson, Harrington, Hise. | APPROP |
Directs the Revenue Laws Study Committee to study the application of sales tax on delivery services for food, prepared food, and tangible personal property to a consumer to determine whether the current sales tax model can be improved by moving to a fixed excise tax amount, and whether the revenue generated from the existing or another model should be deposited in the Highway Trust Fund, in whole or in part, rather than the General Fund. Directs the Committee to report to the 2023 NCGA.
Amends GS 105-164.44M to require the Secretary of Revenue to quarterly transfer a percentage of the net proceeds collected from the general sales and use taxes imposed under Article 5 of the Chapter to the Highway Trust Fund, with the transferred percentages gradually increasing from 2% in 2022-23, to 4% in 2023-24, and to 6% in 2024-25 and thereafter.
Effective July 1, 2022.
Prohibits the Department of Public Safety from having any written or unwritten policies that set mandatory minimum educational requirements for community-funded or volunteer chaplains.
Appropriates $755,904 in recurring funds from the General Fund to the Department of Public Safety for 2022-23 to hire 10 full-time clinical chaplain positions. Effective July 1, 2022.
| Intro. by Hise. | APPROP |
Section 1 provides background regarding initial inmate documentation processes of tracking prison inmates and youth offenders in NC Adult and Juvenile Justice Correctional Facilities.
Section 2 directs the Department of Public Safety, Division of Adult Correction and Juvenile Justice (Division) to digitally standardize the logging of daily movements and activities of prison inmates and youth offenders. Sets an implementation schedule requiring implementation in four facilities by January 1, 2024, in one-quarter of facilities by January 1, 2025, in one-half of facilities by January 1, 2026, and full implementation by January 1, 2028. Establishes four criteria for implementation, including using radio frequency identification technology and support real-time business and artificial intelligence, and using information integrity and security with real-time digital documentation of prison inmates and offenders that meet five requirements such as monitoring inmate movement with facial recognition.
Section 3 deems the Division the governing body for the act's implementation. Requires the Department of Information Technology (DIT) to report to and support the Division's implementation of the act within the implementation schedule given, which specifically includes conducting walkthrough assessments at facilities.
Requires the Criminal Justice Information Network (CJIN) to work with the technology provider to identify the total cost of implementing the required technologies by 2027. Directs CJIN to report to the specified NCGA committees with the roadmap of digitizing documentation standardization required technologies within nine months of the date the act becomes law. Provides required content of the report. Directs the immediate transfer of all nonrecurring, unexpended or unencumbered funds appropriated in Part III, SL 2020-90 to CJIN, and limits use of the funds to development of the roadmap as directed by CJIN. Directs DIT to work with the technology provider of the required technologies to properly align specified accounting prerequisites for implementation, subject to management by CJIN.
Enacts GS 143B-1395 to exempt CJIN from the requirements of Articles 3 (purchases and contracts) and 8 (public contracts) of GS Chapter 143.
Section 4 appropriates $15 million from the General Fund to CJIN for 2022-23 to implement the transition required by Section 2 of the act. Effective July 1, 2022.
Enacts GS 90-12.8, prohibiting the Medical Board and the Board of Nursing (Boards) from taking any disciplinary action against a licensed physician, physician assistant, or nurse practitioner for prescribing or administering medication or supplements, including 25 identified, the licensee believes is medically necessary for the treatment of COVID-19 to a patient for at-home use or for use in a health care facility. Defines COVID-19. Identifies 25 medicines and supplements included under the statute's provisions. Additionally prohibits the Boards from taking disciplinary action against the same named licensees for (1) providing a medical exemption to a patient unable to wear a mask, undergo a COVID-19 test, or receive a vaccination for COVID-19; (2) treating a patient who is unable to wear a mask, undergo a COVID-19 test, or receive a vaccination for COVID-19 for religious, medical, or philosophical reasons; or (3) documenting a COVID-19 vaccine injury. Provides that a physician's good faith compliance with the statute cannot alone constitute immoral or dishonorable conduct, or unprofessional conduct. States that liability protection granted to physicians is not greater than that provided under other State laws. Allows for a party aggrieved from a violation to contest the case and seek administrative remedies. Authorizes a civil penalty of up to $500 for each violation by a Board.
Enacts GS 90-85.15C prohibiting the Board of Pharmacy from taking any disciplinary action against a pharmacist for dispensing or administering medication or supplements for the treatment of COVID-19, including 25 identified, to a patient for at-home use or for use in a health care facility. Defines COVID-19. Identifies 25 medicines and supplements included under the statute's provisions. Allows for a party aggrieved from a violation to contest the case and seek administrative remedies. Authorizes a civil penalty of up to $500 for each violation by the Board of Pharmacy.
Requires all three licensing boards to adopt temporary implementing rules.
Applies to acts or omissions occurring on or after October 1, 2022.
Appropriates $10,000 from the General Fund to the Department of Health and Human Services for 2022-23 to monitor compliance of each board with the act. Effective July 1, 2022.
Appropriates $2 million from the General Fund to Winston-Salm for 2022-23 to purchase a ladder truck for Fire Station 19 of the Winston-Salem Fire Department. Effective July 1, 2022.
Requires the UNC Board of Governors, beginning in the 2023-24 academic year, to establish a new, four-year bachelor of science academic program in fire service administration at Winston-Salem State University. Requires the program to address the business and technical components of fire service protection as an administrator. Requires an in-service internship requirement and the necessary educational components for certification as a firefighter and credentialing as an emergency medical technician.
Appropriates $1 million from the General Fund to the UNC Board of Governors for 2022-23 to establish the degree program.
Effective July 1, 2022.
| Intro. by Lowe. | APPROP |
Appropriates $150,000 in nonrecurring funds for 2022-23 from the General Fund to the Town of Huntersville as title indicates. Effective July 1, 2022.
| Intro. by Marcus. | APPROP, Mecklenburg |
Part I.
Appropriates $250,000 in recurring funds from the General Fund to the North Carolina Justice Academy for 2022-23 to expand its ability to serve law enforcement agencies of the state by providing more opportunities to attend courses and trainings. Appropriates $250,000 in nonrecurring funds from the General Fund to the North Carolina Justice Academy for 2022-23 to expand its ability to offer online courses for law enforcement agencies to allow for greater statewide participation in Academy courses and training. Effective July 1, 2022.
Part II.
Requires the North Carolina Justice Academy and the North Carolina Community College System to develop a memorandum of understanding to allow community colleges to provide training and education to those trained and educated by the Academy to alleviate travel time and related costs. Requires the MOU to be submitted to the specified NCGA committee by October 1, 2022.
Part III.
Appropriates $250,000 in recurring funds from the General Fund to the Department of Justice (DOJ) for 2022-23 to further develop, maintain, and staff the North Carolina Law Enforcement Accreditation Program. Effective July 1, 2022.
Part IV.
Amends GS 17C-20 to open up eligibility for the Criminal Justice Fellows Program (Program) to all counties (was, counties with a population of less than 200,000).
Amends GS 17C-22 to expand upon the Program's purpose to also include forgivable loans for obtaining a Bachelor's Degree or an NC Basic Law Enforcement Training Program certificate of completion. Sets out requirements for recipients of loans for these degrees and certificates, including employment requirements post graduation. Makes conforming changes. Amends GS 17C-23 by making conforming changes to loan terms and disbursement of funds. Gives recipients up to 120 months to repay all funds distributed, including interest, received in pursuit of a Bachelor's Degree and 60 months for those in pursuit of a Basic Law Enforcement Training Program certificate of completion.
Part V.
Amends GS 15A-401 to require the State's law enforcement agencies to designate specially trained law enforcement officers to be a part of an agency Crisis Intervention Team trained in determining whether a person is experiencing a mental or behavioral health crisis and what methods are available to de-escalate or otherwise safely engage in interactions with the person. Requires the establishment of the team by December 1, 2024, in order to remain eligible for Governor's Crime Commission grants.
Appropriates $250 million from the General Fund to DOJ for grants for the Crisis Intervention Team training. Effective July 1, 2022.
Part VI.
Includes a severability clause.
Part I.
Requires the Department of Justice (DOJ) to assist law enforcement agencies seeking grant funds by alerting law enforcement agencies to available grant funds and assisting law enforcement agencies with drafting and submitting grant proposals and applications.
Appropriates $200,000 in recurring funds for 2022-23 from the General Fund to DOJ to hire two full-time grant writers.
Effective July 1, 2022.
Part II.
Appropriates $250,000 in recurring funds for 2022-23 from the General Fund to DOJ to award grants to law enforcement agencies for initiatives supporting community policing. Effective July 1, 2022.
Part III.
Appropriates $500,000 in recurring funds for 2022-23 from the General Fund to DOJ to be used for grants: (1) provided to law enforcement agencies to be awarded to law enforcement officers exhibiting exemplary service and (2) awarded to law enforcement agencies for meeting racial or gender diversity benchmarks. Caps grant awards at $10,000. Effective July 1, 2022.
Part IV.
Amends GS 15A-401(d)(2), which sets out when a law-enforcement officer is justified in using deadly physical force, by making the following changes. Adds that the use of deadly force includes strangleholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck. Requires in all circumstances in which a law enforcement officer uses force of any kind, that the law-enforcement officer use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and attempt to use de-escalation tactics. Effective October 1, 2022.
Requires the Attorney General, in consultation with the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police, to develop uniform use-of-force policies that may be adopted by all law enforcement agencies in the state. Requires the policies to be submitted to the specified NCGA committee by December 1, 2022, published on DOJ's website, and distributed digitally to all law enforcement agencies in the state.
Part V.
Amends GS 17C-6 to also give the North Carolina Criminal Justice Education and Training Standards Commission the power to establish the minimum age requirement for qualification for entry level employment as a criminal justice officer, which must not be less than age 21.
Amends GS 17C-13 to allow the North Carolina Criminal Justice Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.
Amends GS 17E-4 to also give the North Carolina Sheriffs' Education and Training Standards Commission the power to establish the minimum age requirement for qualification for entry level employment as an officer, which must not be less than age 21.
Amends GS 17E-12 to allow the North Carolina Sheriffs' Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.
The above provisions are effective January 1, 2023.
Part VI.
Appropriates $1 million in recurring funds for 2022-23 from the General Fund to DOJ for grants to law enforcement agencies to temporarily provide funding for detectives or other investigative law enforcement positions in order to aid in the investigation of person crimes that would constitute a charge of a Class D felony or higher. Effective July 1, 2022.
Part VII.
Includes a severability clause.
Appropriates $50,745,000 from the General Fund to the Department of Public Safety (Department) for 2022-23 to fund one-time $1,500 bonuses for local law enforcement officers employed on July 1, 2022. Defines local law enforcement officer as a full-time employee hired by the local employing authority (as defined) and serving as a sheriffs' deputy, police officer, detention officer, or telecommunicator.
Requires, by August 1, 2022, that each local employing authority submit documentation identifying the eligible officers to the Department. Also requires the local employing authority, before receiving any funds, to submit an attestation acknowledging that program funds must be provided directly to the eligible officers. Requires the bonus to be paid by September 1, 2022.
Effective July 1, 2022.
| Intro. by Batch, Garrett, Fitch. | APPROP |
States that the act's purpose is to authorize: (1) the acquisition or construction of the capital improvement projects listed in this act for the respective UNC institutions; and (2) the financing of these projects with funds available to the institutions from gifts, grants, receipts, self-liquidating indebtedness, Medicare reimbursements for education costs, hospital receipts from patient care, or other funds, or any combination of these funds, but not funds received for tuition or appropriated from the General Fund (unless previously authorized by General Statute). Authorizes the following capital improvement projects: (1) $20 million for the Holmes Convocation Center Parking Deck at Appalachian State University; (2) $5 million for a new residence hall at Elizabeth City State University; and (3) $80 million for an integrated sciences building at NC State University. Allows the Director of the Budget, upon request of the UNC Board of Governors (BOG) and if it is in the State's best interest, to authorize an increase or decrease in the cost of, or a change in the method of, funding the projects. Allows the BOG to issue, subject to the Director of the Budget's approval, at one time or from time to time, special obligation bonds of the BOG to pay the cost of acquiring, constructing, or providing for the projects. Caps the principal amount of bonds to be issued at the specified project costs plus 5% of that amount to pay issuance expenses, fund reserve funds, pay capitalized interest, and pay other related additional costs plus any increase in the specific project costs authorized by the Director of the Budget.
| Intro. by Lee, Ballard. | UNCODIFIED |
Enacts a new allowable deduction in calculating a taxpayer's adjusted gross income under GS 105-153.5. Permits deduction of the amount deposited during the taxable year by the taxpayer that is a small business, defined as a business whose cumulative gross receipts from business activity for a taxable year does not exceed $10 million, to a capital improvement account, limited to deposits of 5% of the taxpayer's adjusted gross income up to $1 million, 2% of the taxpayer's adjusted gross income above $1 million up to $2 million, and 1% of the taxpayer's adjusted gross income above $2 million up to $3 million. Defines capital improvement account as an account at a federally insured banking institution into which are deposited amounts to be used solely for an improvement that adds value to real property owned and used exclusively by the small business, prolongs the useful life of such property at least 10 years, or adapts such property to new uses for the small business. Requires adding the amount deducted pursuant to this new provision in a prior taxable year, to the taxpayer's adjusted gross income, to the extent the amount was withdrawn and not used to pay for improvements listed. Effective for taxable years beginning on or after January 1, 2022.
| Intro. by Batch, Garrett, Fitch. | GS 105 |
Includes whereas clauses. Appropriates $250 million from the General Fund to the Department of Commerce (Department). Provides that the funds remain available for the act's purpose to provide grants to small businesses to offset the economic harm following the COVID-19 pandemic. Creates the COVID-19 Small Business Recovery Grant Program (Program) to be administered by the Department to provide a one-time grant to each qualifying business. Limits businesses that qualify under the Program to an entity that (1) is subject to income tax under Article 4, GS Chapter 105, (2) has annual receipts for the 2019 tax year of $8 million or less, and (3) suffered a reduction of at least 25% in sales tax collections resulting from the pandemic for the 2020 tax year when compared to the 2019 tax year. Provides for the Department to accept applications during a time frame and on a form it prescribes until appropriated funds are fully awarded. Caps awards at the lesser of (1) $250,000 or (2) the amount of reduction in sales tax collections of the qualifying business resulting from the pandemic for the 2020 tax year. Caps total awards under the Program at $250 million. Requires the Department to verify the business's qualifications with the Department of Revenue, and authorize necessary disclosures. Conditions awards on the business continuing operations for at least six months following receipt, with the Department authorized to clawback amounts for any portion of that time the grantee does not maintain operations.
Amends GS 105-153.5 to allow a taxpayer to deduct from their adjusted gross income the amount granted to the taxpayer during the taxable year under the Program. Effective for taxable years beginning on or after January 1, 2022, and expires for taxable years beginning on or after January 1, 2023.
Identical to H 1015, filed 5/23/22.
Includes whereas clauses. Appropriates $400,000 from the General Fund to the Department of Public Safety for 2022-23 to be provided as a grant to Pitt Community College to support the Pitt County Reentry Program (Program). Requires funds to be used for related programming and the purchase, lease, repair, or renovation of any building or property needed by the Program. Specifies that funds do not revert and instead remain available until expended. Effective July 1, 2022.
The Daily Bulletin: 2022-05-25
Removes the described property from the Town of Beech Mountain. Provides a savings clause for the validity of any liens of the Town for outstanding ad valorem taxes or special assessments. Effective June 30, 2022. Deems property in the described territory as of January 1, 2022, no longer subject to municipal taxes for taxable years beginning on or after July 1, 2022.
Authorizes Mayland Community College to convey some or all of its rights, title, and interest in the Blue Ridge Boutique Hotel property, as identified, to the Mayland Community College Enterprise Corporation.
| Intro. by Greene. | Mitchell |
Amends Section 1, SL 1987-141, to no longer explicitly exempt from the 3% occupancy tax the Mitchell County Board of Commissioners is authorized to levy, accommodations furnished by nonprofit charitable, educational, or religious organizations.
| Intro. by Greene. | Mitchell |
Amends Sections 8 and 10, SL 1957-1436, as amended, to set the fees for a license for a stationary bush blind or floating bush blind for a state resident, or a point blind, at $40 in Currituck County (was, $25). Amends Section 16 of SL 1957-1436 to prohibit the use of airboats on the public waters of Currituck County from September 1 of each year to April 1 of the following year (replaces the provision which authorized the Currituck County Gaming Commission to restrict or prohibit such use on Currituck Sound during the same time frame with the approval of the Wildlife Resources Commission). Effective October 1, 2022.
| Intro. by Hanig, Goodwin. | Currituck |
Removes the described property from corporate limits of the Town of Clyde. Provides a savings clause for the validity of any liens of the Town for outstanding ad valorem taxes or special assessments. Effective June 30, 2022. Deems property in the described territory as of January 1, 2022, no longer subject to municipal taxes for taxable years beginning on or after July 1, 2022.
| Intro. by Pless. | Haywood |
Identical to S 752, filed 5/18/22.
Amends GS 160A-340.2 as title indicates.
| Intro. by Cooper-Suggs, Pierce, A. Jones, Gailliard. | Wilson |
The following applies to the Town of Carolina Beach (Town) only. Empowers the Town to make, adopt, and enforce ordinances for the navigable waters within its municipal limits as they presently exist and as the Town limits may be extended by law in the future as to: (1) operation of boats and vessels, including restrictions concerning speed zones, no-wake zones, and types of activities conducted on the navigable waters within the municipal limits of the Town; (2) restrict the anchoring and mooring of boats and vessels as to location and to generally regulate anchoring and mooring of vessels within the navigable waters within the municipal limits of the Town; (3) place and maintain channel aids and markers, anchoring aids and markers, and navigational aids and markers in conformity with the US Aids to Navigation System and Wildlife Resources Commission rules; (4) make all reasonable rules and regulations as it deems necessary for the safe and proper use of the navigable waters; (5) provide for the enforcement of ordinances adopted under this authority. Provides that if there is a conflict between any local ordinance adopted under this act and the rules or regulations of the Wildlife Resources Commission, the Department of Environmental Quality, the US Coast Guard, or the US Army Corps of Engineers, the State or federal rule or regulation supersedes and prevails over the local ordinance to the extent of the conflict. Gives the Town's duly sworn law enforcement officers authority to enforce any local ordinances adopted under this act.
| Intro. by Miller. | New Hanover |
Authorizes the Durham Public School Board of Education (Board) and Durham County (County) to enter into a partnership or similar arrangement to construct, provide, and maintain affordable housing on property owned by the Board or the County. Authorizes the Board and the County to convey their property to such partnership or similar entity for for the narrow purpose of providing affordable housing for Durham Public Schools teachers, sworn law enforcement officers, or other first responders employed by local government entities in the County, as well as Durham Public Schools professional staff if units remain available. Bars the transfer of any property to the partnership or other similar entity created under the act that is acquired on or after the date the act becomes law by eminent domain. Authorizes the Board, the County, or the partnership or similar entity created under the act to contract to finance, construct, or maintain the affordable housing, and enter into residential housing unit lease agreements for housing units owned by the Board or the County, with agreements limited to the teachers and professional staff, local officers and first responders specified. Requires at least 75% of the housing constructed, provided or maintained to be reserved for Durham Public Schools teachers. Places discretion with the Board to establish reasonable rents. Subjects housing under the act to applicable building, health and safety laws and regulations.
| Intro. by Alston, Morey, Hawkins, Reives. | Durham |
The Daily Bulletin: 2022-05-25
Actions on Bills: 2022-05-25
H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)
H 144: MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW)
H 731: ADD'L PATH TO NC EARLY CHILDHOOD CREDENTIAL. (NEW)
H 755: PARENTS' BILL OF RIGHTS. (NEW)
H 911: REGULATORY REFORM ACT OF 2022.
H 1020: CONFIRM REGINA ADAMS/BD OF REVIEW.
H 1021: CONFIRM MYRA GRIFFIN/INDUSTRIAL COMMISSION.
H 1022: HIGH SCHOOL TRADE STUDY.
H 1023: FUNDS/ESTABLISHING SAFE CULTURES PROGRAM.
H 1025: GRIMESLAND VFD CAPITAL PROJECT.
H 1027: APPROPRIATIONS/INCLUDE REQUESTER NAME ON SPS.
H 1028: MODIFY MILEAGE ALLOWANCE.
H 1029: INN. SIGNATURE CAREER ACADEMY PILOT/FUNDS.
H 1030: INCREASE TRANSPORT. RATE/DEATH INVESTIGATIONS.
H 1032: SOUND BASIC EDUCATION.
H 1033: FUNDS/JUNEBERRY RIDGE EDUCATIONAL FOUNDATION.
H 1034: CHILD CARE 2018 MARKET STUDY RATES.
H 1036: COMPASS YOUTH ROBOTICS FUNDING.
H 1037: SUPPORT MALE SURVIVORS OF DOMESTIC VIOLENCE.
H 1040: UI/EMPLOYER & CLAIMANT SERVICE REQUIREMENTS.
H 1041: STUDY POLYCYSTIC OVARY SYNDROME.
H 1042: UNRSRVD. GEN. FUNDS FOR HWY. BEAUTIFICATION.
H 1043: INCLUSIONARY ZONING/WORKFORCE HOUSING FUNDS.
H 1046: EXPAND AVIATION SALES TAX EXEMPTION.
H 1047: 2.5% COLA FOR STATE RETIREES/FUNDS.
H 1048: PITT-GREENVILLE PASSENGER RAIL SERVICE STUDY.
H 1049: EQUITABLE FREE VEHICLE FUEL STATIONS.
H 1050: THE YOUTH SPORTS SCHOLARSHIP ACT.
H 1051: PRESERVE HEMP LEGALIZATION.
H 1052: CABLE CUSTOMERS EQUAL VALUE TIME ACT.
H 1053: HONOR DANA BYRON BUMGARDNER, FORMER MEMBER.
H 1054: SERVE EXPECTING MOTHERS THROUGH SUN PROJECT.
H 1055: LOCAL LEO RETENTION BONUS FUNDS.
H 1056: RET. & TREASURY ADMIN. CHANGES ACT OF 2022.-AB
H 1058: RET. & TREASURY TECH. CORRECTIONS ACT OF 2022.-AB
H 1059: GREAT BROADBAND EXPANSIONS.
H 1060: WESTERN PIEDMONT COUNCIL OF GOVERNMENTS FUNDS.
H 1062: LRC/HOUSING OPTIONS FOR ADULTS WITH IDD.
H 1063: STANTONSBURG/FUNDS FOR TOWN HALL RENOVATION.
H 1064: WATER/SEWER FUNDS FOR ELM CITY.
H 1067: PARENT'S RIGHT TO KNOW AND STUDENT WELFARE.
H 1068: UNC NON-APPROPRIATED CAPITAL PROJECTS. (NEW)
H 1069: SEND DEATH CERTIFICATE/CO. BD.'S OF ELECTIONS.
H 1072: PROHIBIT KILLING BEARS IN BEAR SANCTUARIES.
H 1073: PICKLEBALL PILOT PROGRAM.
S 201: VAR. MOTOR VEH. AND TRANSPORT. LAW CHANGES. (NEW).
S 455: CONFORM HEMP WITH FEDERAL LAW. (NEW)
S 580: DENTAL PRACTICE ACT REVISIONS/HIE EXEMPTION. (NEW)
S 760: CONFIRM EDDIE BUFFALOE/SECRETARY OF DPS.
S 762: NORTH CAROLINA FARM ACT OF 2022.
S 770: FUNDS FOR PINK HILL DRAINAGE/STORMWATER.
S 771: DIRECT FUNDS TO IREDELL CO. FAIRGROUNDS.
S 772: FUNDS/JUNEBERRY RIDGE EDUCATIONAL FOUNDATION.
S 774: DOT LEGISLATIVE CHANGES.-AB
S 775: ELIMINATE SOIL SCIENTIST APPRENTICESHIP.
S 776: SPORTS HALL OF FAME FUNDS.
S 777: WESTON'S LAW.
S 778: INCREASED BONUS FOR LGERS RETIREES/FUNDS.
S 779: STUDY & ABATE OCULAR MELANOMA/FUNDS.
S 780: IMPROVE PIPELINE SAFETY.
S 781: FUNDS FOR SMITHVILLE COMM. DEV. CORP.
S 782: RAISE THE AGE FOR DONATING BLOOD.
S 783: SHORT TERM COMPENSATION STUDY.
S 784: FUNDS FOR HILLSBOROUGH WATER SYSTEM.
S 785: EXTEND CERTAIN AIRPT. FUNDS EXPENDITURE DATES.
S 786: RESTRICTED INSTRUCTION PERMIT VISION TESTS.
S 787: 2022 APPROPRIATIONS ACT.
S 788: 2022 APPROPRIATIONS ACT.
S 789: 2022 APPROPRIATIONS ACT.
S 790: SUPPORT FOR FORSYTH CO. PUBLIC DEF'S OFFICE.
S 791: INCLUSIONARY ZONING/WORKFORCE HOUSING FUNDS.
S 792: 2022 GOVERNOR'S BUDGET.
S 793: STUDY ECOM. DLVR. FEE/XFER REV FOR TRANSPORT.
S 794: REMOVE VOLUNTEER CHAPLAIN ED. REQUIREMENTS.
S 795: INMATE AND YOUTH OFFENDER TRACKING TECHNOLOGY.
S 796: SACRED RELATIONSHIP/DOCTOR/PATIENT.
S 797: FUNDS FOR LADDER TRUCK FOR WS FIRE STATION 19.
S 798: FIRE ADMINISTRATION DEGREE AND FUNDS/WSSU.
S 799: FUNDS FOR HUNTERSVILLE AFFORDABLE HOUSING.
S 800: LAW ENFORCEMENT INVESTMENT ACT.
S 801: COMMUNITY SAFETY ACT.
S 802: FUND OUR POLICE ACT.
S 803: UNC CAPITAL PROJECTS.
S 804: SMALL BUSINESS SAVINGS ACCOUNT.
S 805: SMALL BUSINESS INVESTMENT GRANT.
S 806: PITT COMM. COLL. REENTRY PROGRAM/FUNDS.
Actions on Bills: 2022-05-25
H 987: SHERIFF EXCEP. FOR DET. FACILITY FOOD PURCH.
H 1024: DURHAM TRAFFIC CRASH INVESTIGATORS. (NEW)
H 1026: NORTH WILKESBORO DEANNEXATION.
H 1031: BROADEN ELECTRONIC NOTICE AUTHORIZATION.
H 1035: HOLDEN BEACH/ON-STREET PARKING METER PROCEEDS.
H 1044: BEECH MOUNTAIN AND MORGANTON DEANNEXATIONS. (NEW)
H 1045: MAYLAND CC/BLUE RIDGE HOTEL TRANSFER AUTH.
H 1057: MITCHELL/HICKORY-CONOVER/BUNCOMBE OT CHANGES. (NEW)
H 1061: CURRITUCK COUNTY GAME COMMISSION/LICENSING.
H 1065: CLYDE/ANDREWS DEANNEX; VARIOUS LAND TRANSFERS. (NEW)
H 1066: CITY OF WILSON COMMUNICATIONS SERVICE.
H 1070: CAROLINA BEACH NAVIGABLE WATERS.
H 1071: ALLOW DURHAM CTY TO PROVIDE EMPLOYEE HOUSING.
S 773: GOLDSTON SATELLITE ANNEXATIONS.
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