The Daily Bulletin: 2022-06-14

The Daily Bulletin: 2022-06-14

PUBLIC/HOUSE BILLS
H 144 (2021) MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW) Filed Feb 24 2021, AN ACT AUTHORIZING THE CHILDREN AND FAMILIES SPECIALTY PLAN AS AN ADDITIONAL MEDICAID MANAGED CARE PLAN AND MAKING OTHER CHANGES TO MEDICAID MANAGED CARE STATUTES.

Senate committee substitute to the 4th edition makes the following changes. 

Section 1

Regarding the directive for the Department of Health and Human Services (DHHS) to issue an RFP to procure a single statewide children and families specialty plan (CAF specialty plan), with services to begin no later than December 1, 2023, now allows for proposal submissions from prepaid health plans (PHPs), as defined by statutory cross-references (previously, limited submissions to entities operating a standard benefit plan or a behavioral health and intellectual/developmental disabilities tailored plan (BH IDD tailored plan) contract with DHHS at the time the RFP is issued). Maintains the limitation of one response per eligible responding entity. Eliminates the provision specifying that eligible entities under common control or ownership with one another are limited to collectively submitting one response. Makes conforming changes to new GS 108D-62, set forth in Section 12, which establishes the requirements for the CAF specialty plan, expanding eligibility to respond to DHHS's RFP to include entities that meet the definition of PHP under GS 58-93-5 or GS Chapter 108D. 

Adds a new directive for DHHS to request approval from the Centers for Medicare and Medicaid Services (CMS) to require that a child who is automatically enrolled in the CAF specialty plan under GS 108D-62(f), which includes Medicaid recipients who are children enrolled in foster care in the State, receiving adoption assistance, or former foster care youth under 26 years of age, or those recipients' children, excluded from PHP coverage under new GS 108D-40(a)(14), may not elect to enroll instead in a standard benefit plan or a BH IDD tailored plan unless it is in the best interest of the child.

Section 7

Makes a technical change to new GS 108D-24.

Section 9 and 11

Amends GS 108D-60, which details requirements for BH IDD tailored plans. Authorizes DHHS to contract with entities operating BH IDD tailored plans under a capitated or other arrangement for the management of BH, IDD, and traumatic brain injury services for any Medicaid recipient described in new GS 108D-40(a)(14) and excluded from PHP coverage (incudes recipients who are children enrolled in foster care in the State, receiving adoption assistance, or former foster care youth under 26 years of age), until the CAF specialty plan becomes operational. Amends new GS 108D-40(a)(14) to no longer permit this described population from voluntarily enrolling in a PHP operating a standard benefit plan or a BH IDD tailored plan until the CAF specialty plan becomes operational. 

Section 12

Further amends new GS 108D-62, adding to subsection (g), which allows eligible CAF specialty plan enrollees to enroll with a PHP operating a standard benefit plan or, if eligible, a BH IDD tailored plan. Specifies that this option is limited by any provision of a waiver or State Health Plan amendment approved by CMS. 

Section 14

Further amends GS 122C-115 to allow LME/MCOs operating BH IDD tailored plans to continue to manage, under DHHS contract, BH, IDD, or traumatic brain injury services for Medicaid recipients described in new GS 108D-40(a)(14) who are excluded from PHP coverage, until the CAF specialty plan becomes operational. 

Intro. by Lambeth.GS 108D, GS 122C
H 159 (2021) EDUCATION LAW CHANGES. (NEW) Filed Feb 24 2021, AN ACT TO MAKE VARIOUS CHANGES TO EDUCATION LAWS.

Senate amendment to the 7th edition makes the following changes. 

Part VII.

Makes a technical correction to the lead-in language of the proposed changes to GS 115D-11.10, regarding apprenticeships. Further amends the statute to define apprentice to mean a person of at least 16 years of age who is covered by a written apprenticeship agreement approved for the Apprenticeship Council by the Director (was, approved by the Council). 

Makes a technical correction to the lead-in language of the proposed changes to GS 115D-11.11, relating to an apprenticeship agreement's content.

Intro. by Torbett, Blackwell.UNCODIFIED, GS 115C, GS 115D, GS 116
H 252 (2021) BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW) Filed Mar 9 2021, AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS, TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES, TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING, TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST, TO CLARIFY VACANCY ELECTIONS FOR DISTRICT COURT JUDGES, AND TO MAKE TECHNICAL CORRECTIONS.

Senate committee substitute replaces the content of the 3rd edition with the following.

Adds legal residency or documented US citizenship to the qualifications for licensure of bail bondsmen and runners under GS 58-71-50.

Revises the restrictions regarding reexamination for applicants who fail exams under GS 58-71-70, to allow applicants to retake the exam within 90 days upon payment of an additional exam fee. If the applicant subsequently fails to pass the reexam, requires the applicant to file a new application before the applicant can again be examined, with a one-year waiting period from the date of reexamination and filing a new application (current law requires reexamination with a one-year waiting period, with no further parameters specified). 

Amends GS 15A-544.3, which provides for court-ordered forfeiture of a bail bond for failure to appear, to revise and add to the content of the forfeiture. Requires inclusion of the following in the required notice of grounds for setting aside the forfeiture: (1) the defendant's incarceration between the failure to appear and the final judgment date, subject to existing requirements regarding duration and notification of the district attorney regarding the defendant's incarceration, (2) that notice of forfeiture was not provided pursuant to State law, or (3) that the court refused to issue an order for arrest for the defendant's failure to appear, as evidenced by a copy of an official court record, including an electronic record.

Adds to the grounds for setting aside a forfeiture under GS 15A-544.5 to include (1) that the notice of the forfeiture was not provided pursuant to State law and (2) that the court refused to issue an order for arrest for the defendant's failure to appear, as evidenced by a copy of an official court record, including an electronic record. Additionally amends the statute to require, rather than permit, a court entering an order striking a defendant's failure to appear and recalling any arrest order issued for that failure to appear, to simultaneously enter an order setting aside any forfeiture of the bail bond securing that defendant's appearance. Applies to forfeitures entered on or after December 1, 2022. 

Changes the act's titles. 

Intro. by McNeill, C. Smith, Richardson, Greene.GS 15A, GS 58
H 291 (2021) COMMERCIAL PROP. PLAN REV./DOI OVERSIGHT. (NEW) Filed Mar 11 2021, AN ACT TO ESTABLISH AND REQUIRE CERTAIN TIME LINES FOR PLAN REVIEW AND APPROVAL OF COMMERCIAL AND MULTIFAMILY BUILDING PLANS FOR LOCAL GOVERNMENTS, TO PROVIDE ALTERNATIVE METHODS FOR PLAN REVIEW, TO REQUIRE THE COMMISSIONER OF INSURANCE TO PROVIDE FURTHER LOCAL GOVERNMENT INSPECTION DEPARTMENT OVERSIGHT, AND TO REQUIRE LOCAL GOVERNMENTS TO REMIT A PORTION OF PERMIT FEES TO THE DEPARTMENT OF INSURANCE.

Senate committee substitute to the 3rd edition makes the following changes.

Revises new GS 160D-1104.1, which provides an alternative method to the review of commercial and multifamily building plans that require a design professional seal under the Building Code, as follows. Organizes the new statute as GS 160D-1104.2. Requires review of information requested by the local inspection department or a resubmitted plan and issuance of a permit (was, a permit decision) within 15 days of receipt of the requested information or resubmitted plan. Makes conforming changes to the language of subsection (c). Deems the local inspection department responsible for all expenses for an initial plan review conducted by the Department of Insurance or a third-party architect or engineer under the statute, and prohibits the inspection department from increasing plan review or permit fees, or seeking additional compensation, to recoup these expenses from the applicant. Makes conforming and technical changes to proposed GS 143-151.12(9)c.

Deletes new GS 143-138.2, which required the Commissioner of Insurance, through the Division of Engineering, to promote consistent application of the NC Building Code through the general oversight of all inspection departments, including six specified duties.

Deletes new GS 143-138.3, which required local inspection departments to annually remit 2% of all Building Code permit fees to the Department of Insurance to support Building Code consistency and associated programs. 

Changes the act's effective date to October 1, 2022 (was, October 1, 2021). 

Makes conforming changes to the act's titles.

Intro. by Zenger, Potts.GS 143, GS 160D
H 315 (2021) ARSON LAW REVISIONS. Filed Mar 16 2021, AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN ARSON OFFENSES; TO AMEND THE OFFENSE OF ARSON OR OTHER UNLAWFUL BURNINGS THAT RESULT IN INJURY TO A FIREFIGHTER, LAW ENFORCEMENT OFFICER, FIRE INVESTIGATOR, OR EMERGENCY MEDICAL TECHNICIAN; TO REQUIRE CRIMINAL HISTORY RECORD CHECKS OF APPLICANTS TO FIRE DEPARTMENTS; TO REQUIRE APPLICANTS TO DISCLOSE CERTAIN CRIMINAL CHARGES; AND TO PROHIBIT APPLICANTS CONVICTED OF CERTAIN CRIMES FROM SERVING AS VOLUNTEER OR PAID MEMBERS OF FIRE DEPARTMENTS.

AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN ARSON OFFENSES; TO AMEND THE OFFENSE OF ARSON OR OTHER UNLAWFUL BURNINGS THAT RESULT IN INJURY TO A FIREFIGHTER, LAW ENFORCEMENT OFFICER, FIRE INVESTIGATOR, OR EMERGENCY MEDICAL TECHNICIAN; TO REQUIRE CRIMINAL HISTORY RECORD CHECKS OF APPLICANTS TO FIRE DEPARTMENTS; TO REQUIRE APPLICANTS TO DISCLOSE CERTAIN CRIMINAL CHARGES; AND TO PROHIBIT APPLICANTS CONVICTED OF CERTAIN CRIMES FROM SERVING AS VOLUNTEER OR PAID MEMBERS OF FIRE DEPARTMENTS. SL 2022-8. Enacted June 14, 2022. Sections 1 and 2 are effective December 1, 2022. The remainder is effective June 14, 2022. 

Intro. by McNeill, Boles, Saine, Carter.GS 14, GS 143B, GS 153A, GS 160A
H 619 (2021) WESTON'S LAW. (NEW) Filed Apr 20 2021, AN ACT IMPOSING SAFETY REQUIREMENTS FOR ELEVATORS IN CERTAIN RESIDENTIAL RENTAL ACCOMMODATIONS, AND DIRECTING THE BUILDING CODE COUNCIL TO AMEND THE STATE BUILDING CODE.

Senate committee substitute replaces the 2nd edition with the following. 

Regarding the scope of the Elevator Safety Act, Article 14A of GS Chapter 95, defines single family residence to specify the use of the term in GS 95-110.2, which excludes devices and equipment located and operated in a single-family residence from the scope of the Act. Defines single family residence to exclude private residences, cottages, or similar accommodations subject to the taxation of rental accommodations under GS 105-164.4F. 

Amends GS 95-110.8 to establish requirements for elevators in a private residence, cottage, or similar accommodation subject to taxation of rental accommodations under GS 105-164.4F relating to (1) the gap between the hoistway face of the landing door and the hoistway face of the car door and (2) doors and gates, based on whether the doors are horizontal sliding or folding. Mandates that the property owner disconnect the power to an elevator which does not comply with the established requirements until the owner can comply with listed actions, as applicable depending on which requirement is not being met, such as installing a nonremovable space guard or door baffle, or replacing an unsatisfactory door, and provide the Commissioner of Labor with documentation verifying compliance in one of two permitted forms stated, to be maintained by the Elevator and Amusement Device Division. 

Directs the NC Building Code to adopt rules to amend Section R321 of the State Building Code that are inconsistent with 2016 ASME 44 A17.1 sections 5.3.1.8.2 and 5.3.1.8.3 and substantively identical to the provisions of GS 95-110.8(b), as enacted by this act.

Effective October 1, 2022.

Changes the act's titles. 

Intro. by Moffitt, Richardson, Setzer, Winslow.GS 95
H 869 (2021) STATE BAR GRIEVANCE PROCESS/ETHICS RECORDS. (NEW) Filed May 4 2021, AN ACT TO CREATE A GRIEVANCE REVIEW PANEL OF THE GRIEVANCE COMMITTEE OF THE NORTH CAROLINA STATE BAR AND TO PRESERVE THE CONFIDENTIALITY OF THE ETHICS PROCESS.

Senate committee substitute replaces the content of the 2nd edition with the following.

Enacts new subsections to GS 84-28 relating to attorney discipline and disbarment. Creates a grievance review panel of the Grievance Committee of the State Bar, to be operated pursuant to rules and procedures adopted by the State Bar Council and approved by the Supreme Court. Provides for appointment of the panel for each review by the chair of the Grievance Committee, consisting of the chair, two vice-chairs, and two other members of the Grievance Committee, including one public member. Requires the panel to review a decision of the Grievance Committee that imposes public discipline upon a requesting respondent. Provides for rights of a respondent at the panel's review, including allowing the respondent to appear before and present oral argument to, and be represented by council at the panel, and excluding the right to compel the attendance of witnesses or the production of evidence. Authorizes the panel to concur or remand the Committee's decision with recommendation for a different disposition. Authorizes the Grievance Committee to affirm its decision or impose a different disposition of the file. Deems all panel proceedings and materials confidential. Additionally, allows an attorney respondent in an action before the Disciplinary Hearing Commission who is found not to have committed any violations of the Rules of Professional Conduct to be awarded reasonable attorneys' fees incurred in that action before the State Bar, to be paid by the State Bar, not to exceed the disciplinary costs and fees allowed to be assessed against respondents under GS 84-28.1 and GS 84-34.2(5). Excludes settlement entered into between the State Bar and the attorney to conclude an action. 

Makes conforming changes to GS 84-32.1, deeming documentary materials of the grievance review panel not public record. Adds a new subsection deeming all documentary material, regardless of form, in possession of the State Bar, its agents, or Ethics Committee advisory members, concerning requests for ethics advice not public record unless the material appears in a public agenda of the Ethics Committee with the consent of the inquiring party. 

Directs the State Bar to adopt temporary implementing rules. 

Changes the act's titles. 

Intro. by Stevens, Reives.GS 84
H 1171 (2021) OBSERVE FLAG DAY. Filed Jun 14 2022, A HOUSE RESOLUTION OBSERVING JUNE 14 AS FLAG DAY.

Includes whereas clauses. Provides that the House joins the Nation in observing June 14, 2022, as Flag Day.

Intro. by D. Hall.HOUSE RES

The Daily Bulletin: 2022-06-14

PUBLIC/SENATE BILLS
S 265 (2021) BOND INFO TRANSPARENCY/LGC TOOLKIT II. (NEW) Filed Mar 11 2021, AN ACT TO INCREASE THE TRANSPARENCY OF BOND REFERENDA BY REQUIRING ADDITIONAL DISCLOSURES BY UNITS OF LOCAL GOVERNMENT, TO MAKE CHANGES RECOMMENDED BY THE LOCAL GOVERNMENT COMMISSION TO STRENGTHEN THE SYSTEM FOR MONITORING THE FINANCIAL OPERATIONS OF LOCAL UNITS AND OVERSIGHT OF FISCALLY TROUBLED LOCAL UNITS, AS DIRECTED BY THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2021, AND TO AUTHORIZE CHARTER SCHOOLS TO PARTICIPATE IN THE STATE TREASURER'S ANCILLARY GOVERNMENTAL PARTICIPANT INVESTMENT PROGRAM.

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

Modifies proposed GS 159-33.2, which authorizes the Secretary of Revenue to require a local government or public authority to report events defined by the Secretary that will or may have a material, adverse effect on the financial health, operations, or internal controls of the local government or public authority within 30 days after the occurrence of such events. Directs the Local Government Commission (Commission) to adopt a policy specifying the events required to be reported under the statute and the process for reporting such events (previously, did not include the reporting procedure). 

Eliminates proposed subsection (d) to GS 159-34, directing the Commission to notify the State Treasurer and the Secretary of Revenue of a unit's failure to comply with the annual audit requirements if the unit has failed to file a copy of the audit report with the Secretary (as required by subsection (a)) within 12 months of the unit's fiscal year end, and providing for withholding from the unit's distributions under GS 105-486 and GS 105-501 of 150% of the cost of the required annual audit, as specified, until the Commission notifies the State Treasurer and the Secretary that the required report has been filed, reviewed, and accepted.

Adds the following new content.

Repeals GS 135-48.55, which sets an interest rate of 1.5% to be charged to charter schools and local government units on late premiums due to the State Health Plan for Teachers and State Employees. 

Amends GS 159-7, adding a new subsection to require a local government to notify the Commission within 60 days of creating a public authority or unit subject to the Local Government Budget and Fiscal Control Act (Article 3, GS Chapter 159), including the name and governance structure of the authority or unit and any other information requested by the Commission. 

Effective January 1, 2023, amends GS 159-29, disqualifying individuals from appointment as a local government finance officer if the individual is unable to obtain a performance bond required by the statute. Changes the minimum amount of the performance bond of a finance officer to be fixed by the governing board to be the greater of $50,000 or an amount equal to 10% of the unit's annually budgeted funds, up to $1 million (previously, required to be set at at least $50,000). Similarly, disqualifies individuals from acting as a local government or public authority's officer, employee, or agent responsible for handling more than $100 of public funds, or having access to the inventories of the unit or authority, if the individual is unable to secure a performance bond of the amount set by the governing board.

Makes the act applicable to bonds issued under bond orders introduced on or after October 1, 2022, and to contracts entered into on or after October 1, 2022 (was, on the date the act became law).

Changes the act's titles. 

Intro. by Johnson, Ford.GS 135, GS 159
S 347 (2021) CAPTIVE INSURANCE AMENDMENTS. Filed Mar 24 2021, AN ACT AMENDING STATUTES RELATING TO CAPTIVE INSURANCE.

AN ACT AMENDING STATUTES RELATING TO CAPTIVE INSURANCE. SL 2022-7. Enacted June 14, 2022. Sections 5(a) and 9 are effective for taxable years beginning January 1, 2022. Section 5(b) is effective for taxable years beginning January 1, 2021. The remainder is effective June 14, 2022, except as otherwise provided.

Intro. by Johnson, McInnis, Edwards.GS 58, GS 105
S 448 (2021) AMENDMENTS TO SCHEDULE VI OF THE CSA. Filed Apr 1 2021, AN ACT PROVIDING, IN THE ABSENCE OF ANY OBJECTION BY THE COMMISSION FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, FOR THE AUTOMATIC REMOVAL FROM SCHEDULE VI OF THE CONTROLLED SUBSTANCES ACT PRESCRIPTION DRUGS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.

AN ACT PROVIDING, IN THE ABSENCE OF ANY OBJECTION BY THE COMMISSION FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, FOR THE AUTOMATIC REMOVAL FROM SCHEDULE VI OF THE CONTROLLED SUBSTANCES ACT PRESCRIPTION DRUGS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION. SL 2022-9. Enacted June 14, 2022. Effective June 14, 2022.

Intro. by Burgin, Krawiec, Perry.GS 90

The Daily Bulletin: 2022-06-14

LOCAL/HOUSE BILLS
H 1004 (2021) TROUTMAN CHARTER REVISED & CONSOLIDATED. Filed May 19 2022, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF TROUTMAN.

House committee substitute to the 1st edition makes the following changes.

Amends the proposed revision of the Charter of the Town of Troutman (Charter) as follows.

Replaces references to the Town of Troutman (Town) with the Town.

Adds a provision to Article III., establishing the Town Council and the Mayor as the Town's governing body. Eliminates reference to the Mayor's powers and duties. Provides for the Town Council to elect a member as Mayor Pro Tempore at its first regulation meeting following the certification of municipal election results by the Iredell County Board of Elections (board). Provides for staggered terms for Town Council members. Eliminates reference to terms of office beginning at established times set by ordinance. Eliminates mayoral and council member qualifications for residency and qualification as a voter of the Town. Eliminates the requirement for the Town Council to appoint persons to fill a vacancy in the office of Mayor or Council. Requires the Town Council to meet and organize at the first regularly scheduled meeting following each municipal election (was, each biennial election). Eliminates the oaths of office requirement for the Mayor and Town Council. Eliminates the provisions regarding quorum and votes of Town Council. 

Revises Article IV., now providing for regular municipal elections in the Town to be held in each odd-numbered year on a nonpartisan basis, using the plurality method of GS 163-292 to determined results, pursuant to state election laws. Maintains four-year terms for the Mayor and Town Council, beginning in 2023. Now provides for only the Mayor and Town Council members to be removed by voters of the Town (was, the holder of any elective office serving in the municipal government of the Town).

Replaces the previous procedure for removal by petition with the following. Allows any registered voter of the Town to file a sworn affidavit with the board with the name of the official sought to be removed and a general statement of the grounds for removal. Directs the board to provide the individual the official recall petition form that must meet seven specified requirements. Requires the individual to return the recall petition within 30 days of issuance with at least 25% of the Town's registered voters' handwritten signatures, as described. Directs the board to investigate the signatures and certify its results within 30 days of the petition's filing, with the period tolled for any period of time that is also either two weeks before or one week after a primary or election conducted by the board. Allows for a petition determined to be insufficient to be amended within 10 days from the board's certification, whereby if the petition is found again to be insufficient, the a copy of the petition must be returned to the individual, who can chose to file a new petition. Adds a new requirement for the board to notify the individual whose removal is sought upon determination that a sufficient recall petition has been submitted (previously, required the clerk to submit a copy to the Town Council). Directs the board to fix a date for holding a recall election at least 90 but no more than 120 days after the petition is certified as sufficient. Directs the board to provide legal notice of the recall election by publication, stating general grounds on which the recall is sought and arrangements for holding the election. Requires recall elections to be conducted, returned, and the results declared as in other county elections. Allows for separate questions for recalling the Mayor or any Council member to be submitted at the same election so long as separate, sufficient petitions are filed and certified. Provides ballot language for a recall. Requires the Mayor or member in question to continue in office if less than a majority of all votes case on the question are for recall. Requires removal and vacancy declared if the majority of all votes cast on the question are for recall, with the vacancy filled pursuant to GS 160A-63, with recalled individuals barred from appointment for the vacancy caused by their removal or resignation. Bars filing recall petitions against a Mayor or Town Council member who has been subjected to a recall election, but not removed, until at least 12 months after that recall election is certified; against the Mayor or Town Council member during the first six months of their respective term; or against a Mayor or Town Council member six months prior to the end of their respective term.

Modifies Article V., eliminating reference to the Charter's limitation of the Town Manager's powers and duties conferred by general law. Requires the Town Attorney to perform all duties required by law or directed by the Town Council. Eliminates further specified duties of the Town Attorney. Incorporates the provisions of previous Article VI., in Article V. Refers to minutes of Council proceedings (was, a journal). 

Deletes Articles VII., VIII., IX., and X., which included provisions related to the Town's finances, policing, street and sidewalk assessments, and condemnation authority.

Makes organization, technical and clarifying changes. 

Adds to the repealed SL Chapters and Sections, either consolidated in this act or no longer necessary: SL 1905-44; and SL 1973-158.

Deletes the provision allowing for the continued validity of all existing ordinances, resolutions, and other provisions of the Town not inconsistent with the act. 

Intro. by McNeely.Iredell
H 1024 (2021) DURHAM TRAFFIC CRASH INVESTIGATORS. (NEW) Filed May 24 2022, AN ACT AUTHORIZING THE CITY OF DURHAM TO EMPLOY TRAFFIC CRASH INVESTIGATORS FOR WRECKS INVOLVING ONLY PROPERTY DAMAGE.

House committee substitute to the 1st edition makes the following changes. 

Eliminates the proposed new Section 128 of Chapter VII of the Charter of the City of Durham (City), SL 1975-671, authorizing the City to employ Civilian Traffic Investigators. Instead enacts substantively similar, uncodified language granting the City of Durham the previously described authority set out in proposed Section 128 to employ and allow nonsworn personnel to investigate traffic crashes involving property damage only, named Traffic Crash Investigators (investigators; was, civilian personnel, named Civilian Traffic Investigators). Includes identical requirements of the City and investigators regarding the employment of investigators as previously proposed, with organizational changes, that involve establishing minimum employment standards and compliance with specified training conditions, equipment issuance, and limits of investigator authority. Similarly, specifies that investigators cannot be issued a weapon and have no authority to arrest or issue criminal process. Adds authority for an investigator to direct all traffic in conformance with law and, in the event of a fire or other emergency or to expedite traffic or to ensure safety, to direct traffic as conditions may require, in the same manner as a law enforcement officer. Maintains the requirement for the City to submit  a written report to the specified NCGA committees by December 31, 2023, on the training and use of investigators between the date the act becomes law and November 1, 2023. Changes the act's titles.

Intro. by Morey, Alston, Hawkins.UNCODIFIED, Durham
H 1044 (2021) BEECH MOUNTAIN AND MORGANTON DEANNEXATIONS. (NEW) Filed May 25 2022, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF BEECH MOUNTAIN AND TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF MORGANTON.

House committee substitute to the 1st edition makes the following changes. Removes five of this listed properties from the described property that is to be removed from Beech Mountain's corporate limits.

Intro. by Greene.Avery, Watauga
H 1065 (2021) CLYDE/ANDREWS DEANNEX; VARIOUS LAND TRANSFERS. (NEW) Filed May 25 2022, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF CLYDE, TO TRANSFER CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF LOCUST TO THE CORPORATE LIMITS OF THE TOWN OF MIDLAND, TO TRANSFER CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF LANDIS TO THE CORPORATE LIMITS OF THE CITY OF KANNAPOLIS, TO TRANSFER CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE CITY OF KANNAPOLIS TO THE CORPORATE LIMITS OF THE TOWN OF LANDIS, AND TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF ANDREWS.

House committee substitute adds the following content to the 1st edition.

Removes the described property from the corporate limits of the City of Locust (City) and adds the property to the corporate limits of the Town of Midland (Town). Provides a savings clause for the validity of any liens of the City 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 by the City for taxable years beginning on or after July 1, 2022, and instead subject to municipal taxes by the Town for taxes imposed for taxable years beginning on or after July 1, 2022. Makes conforming changes to the act's titles. 

Intro. by Pless.Cabarrus, Haywood, Stanly
H 1075 (2021) BRYSON CITY/SWAIN COUNTY OCCUPANCY TAX. Filed May 26 2022, AN ACT TO AUTHORIZE THE TOWN OF BRYSON CITY TO LEVY A ROOM OCCUPANCY TAX AND TO MERGE THE SWAIN COUNTY AND BRYSON CITY TOURISM DEVELOPMENT AUTHORITIES INTO ONE.

House committee substitute to the 1st edition makes the following changes. 

Revises the permitted uses of the net proceeds of the occupancy tax levied by the Town of Bryson City to now require the Bryson City/Swain County Tourism Development Authority (TDA) to use the proceeds in accordance with Section 1(e), SL 1985-923, as amended by SL 2007-23 and this act, described below. Makes conforming changes to eliminate defined terms no longer used. 

Requires the Bryson City Board of Aldermen to notify the TDA when it adopts the resolution levying the tax, and adopt a resolution appointing TDA members upon its creation pursuant to Section 2, SL 1985-923, as amended by SL 2007-23 and this act (previously, required the Board to adopt a resolution appointing members and notifying the TDA of the levy upon adopting a resolution levying the occupancy tax). Specifies that the TDA's duties relating to promoting travel, tourism, events, and projects in the Town are limited to funds in the Bryson City Proceeds Account, as established. 

Modifies the proposed changes to SL 1985-923, as amended, which authorizes Swain County to levy an occupancy tax, as follows. Requires the TDA to segregate the occupancy tax funds it receives, crediting funds respectively to the Swain County Proceeds Account and the Bryson City Proceeds Account. Requires the TDA to use at least two-thirds of the funds in each Proceeds Account to promote travel and tourism in the County or City, respective to the jurisdiction, and the remainder for tourism-related expenditures in the County or City, respective to the jurisdiction (previously, required to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the Town of Bryson City and the remainder for tourism-related expenditures). Makes conforming changes. Additionally, revises and adds to the proposed changes to the session law regarding the joint TDA's creation and membership. Adds a new requirement for the Swain County Board of Commissioners to adopt a resolution converting the Swain County TDA to the joint TDA with Bryson City as soon as practicable upon receipt of notice of the Board of Alderman's adoption of a resolution levying a room occupancy tax. Requires the county to transfer all assets of the County TDA to the joint TDA upon its creation. Adds four more members to the joint TDA: two nonvoting members each from the Board of Commissioners and the Board of Alderman. Now provides for member compensation to be set by both the commissioners and aldermen (was, the commissioners only). Specifies that the TDA's duties relating to promoting travel, tourism, events, and projects in the County are limited to funds in the Swain County Proceeds Account, as established. 

Makes clarifying changes to the act's effective date. Changes the act's long title. 

Intro. by Clampitt.Swain
H 1157 (2021) WELDON PROPERTY CONVEYANCE. Filed May 26 2022, AN ACT AUTHORIZING THE TOWN OF WELDON TO CONVEY CERTAIN REAL PROPERTY BY PRIVATE NEGOTIATION AND SALE.

House committee substitute to the 1st edition makes the following changes.

Now allows the Town of Weldon to convey the described property by private negotiation and sale upon the terms the Town deems appropriate, no longer specifying that the private negotiation and sale may be with or without monetary consideration.

Intro. by Wray.UNCODIFIED, Halifax
H 1162 (2021) CATAWBA/NEWTON-CONOVER/HICKORY BD OF ED ELECT. (NEW) Filed May 31 2022, AN ACT TO PROVIDE FOR PARTISAN ELECTIONS FOR THE MEMBERS OF THE CATAWBA COUNTY BOARD OF EDUCATION, HICKORY CITY BOARD OF EDUCATION, AND NEWTON-CONOVER CITY BOARD OF EDUCATION.

House committee substitute to the 1st edition makes the following changes. 

Further amends SL 1969-874, providing for the partisan election of the Catawba County Board of Education (Board) as follows. Amends Section 2, establishing that Board members are to be nominated in primaries and elected at general elections, beginning in 2024 (previously, elected at general elections based on the number of vacancies). Further amends Section 5 to refer to voters rather than electors. Adds to new Section 6.1 to provide for filling vacancies for Board members elected on a nonpartisan basis in 2020 and 2022 by appointment of remaining Board members until the next Board election, whereby the remaining unexpired term must be filled by election. Makes technical changes. 

Adds provisions to specify that the act has no effect on Board members elected in 2020 or 2022 or those appointed to fill those members' vacancies. 

Makes a clarifying change to the act's effective date provisions. Changes the act's long title. 

Intro. by Adams, Setzer.Catawba

The Daily Bulletin: 2022-06-14

LOCAL/SENATE BILLS
S 907 (2021) ECONOMIC GROWTH ACT. Filed May 31 2022, AN ACT TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO INFORM THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO ANNEXING CONTIGUOUS PROPERTY AND TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO OBTAIN THE APPROVAL OF THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO CONDUCTING A SATELLITE ANNEXATION OF CERTAIN PROPERTY AND PRIOR TO REZONING CERTAIN PROPERTY ACQUIRED BY SATELLITE ANNEXATION.

Senate committee substitute to the 1st edition makes the following changes.

Changes the scope of the act to include Davidson County and any municipality located wholly or in part in the County seeking to annex an area located wholly within the County (was, Davidson County and municipalities wholly or in part in the County). Adds a new exclusion from the act's provisions for the annexation of any property being used for single-family residential or multi-family residential purposes at the time the annexation is initiated. Regarding the enumerated provisions applicable to annexations under GS Chapter 160A, Article 4A, Parts 1 (extension by petition), 4 (annexation of noncontiguous areas) and 7 (annexations initiated by municipalities), no longer specifies that the act's provisions apply notwithstanding any other provisions of law, and instead provides that the act's enumerated provisions apply in addition to the applicable provisions of GS Chapter 160A, Article 4A, Parts 1, 4, and 7. Revises the act's provisions as follows.

Requires the governing body of a municipality (body), before adopting an annexation ordinance or a resolution of intent, to notify the county board of commissioners (board) of the intent to adopt an annexation ordinance or resolution of intent (previously, required the body to get approval of the annexation from the board or boards with jurisdiction over the area). Establishes a timeframe within which the board must set a date for a public hearing on the annexation ordinance or resolution of intent, now requiring the hearing to be held within 45 days of receipt of notice. Allows for the body to proceed with adoption of the annexation ordinance or resolution of intent upon the board finding, after the public hearing, that the interests of the inhabitants of the county and the area proposed for annexation will be best served by the annexation (previously, upon the board finding that the public health, safety, and welfare of the inhabitants of the county will be best served by the annexation). Similarly changes the language regarding the board's disapproval, now barring a body from proceeding with the adoption of the annexation ordinance or the resolution of intent, or beginning a separate annexation process with respect to the area proposed for annexation, or any part thereof (previously, did not specifically encapsulate any part thereof), for at least 36 months from the date of the board's adoption of the resolution disapproving annexation, if the board finds, after public hearing, that the interest of the inhabitants of the county and the area proposed for annexation will not be best served by the annexation.

Changes the act's long title. 

Intro. by Jarvis.UNCODIFIED, Davidson
S 909 (2021) LEXINGTON UDO/JAIL COM. CHANGES. (NEW) Filed May 31 2022, AN ACT TO EXEMPT CERTAIN PROPERTY FROM THE UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF LEXINGTON AND TO PROVIDE THAT THE LEXINGTON CITY COUNCIL SHALL APPOINT ONE CITY COUNCIL MEMBER AND ONE STAFF MEMBER TO THE DAVIDSON COUNTY JAIL COMMITTEE FOR LIMITED PURPOSES.

Senate committee substitute replaces the content of the 1st edition with the following.

Exempts the described property in Davidson County from the Unified Development Ordinance of the City of Lexington as it exists on the date the act becomes law, and any subsequent amendments or reenactments, so long as the property is used for a public purpose. Changes the act's titles. 

Intro. by Jarvis.Davidson
S 911 (2021) LELAND ANNEXATION. Filed May 31 2022, AN ACT REGARDING ANNEXATION BY THE TOWN OF LELAND.

Senate committee substitute to the 1st edition makes the following changes.

Deletes the proposed suspension of the Town of Leland's authority to annex territory under Article 4A, GS Chapter 160A, until July 1, 2024.

Eliminates the proposed changes to GS 160A-31, applicable to the Town of Leland only, requiring a petition by property owners to a governing board to annex any territory contiguous to the municipality's boundaries for which all property owners in the area have signed the petition, to also include a statement that each owner's petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation. 

Further amends the provisions of GS 160A-58.1(b), which sets standards for noncontiguous areas proposed for annexation by a city by petition, changing the limitations to require that the nearest point on the proposed satellite corporate limits be no more than 1.5 miles from the primary corporate limits of the annexing city (was, no more than three miles). Makes the changes to GS 160A-58.1 applicable to petitions for annexation received on or after the date the act becomes law (was, applicable to petitions for annexation approved on or after June 30, 2024). 

Intro. by Rabon.Brunswick
ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2022-06-14

PUBLIC BILLS

H 79: CLARIFY HS INSURANCE. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)

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

H 144: MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 159: EDUCATION LAW CHANGES. (NEW)

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

H 169: STATE HEALTH PLAN DATA TRANSPARENCY.-AB

    Senate: Reptd Fav

H 219: AMEND ENVIRONMENTAL LAWS. (NEW)

    Senate: Conf Com Appointed

H 252: BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 291: COMMERCIAL PROP. PLAN REV./DOI OVERSIGHT. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On State and Local Government

H 315: ARSON LAW REVISIONS.

    House: Signed by Gov. 6/14/2022
    House: Ch. SL 2022-8

H 332: HISTORIC SITES-PROPERTY SALE REVENUE.

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

H 615: JORDAN'S LAW. (NEW)

    House: Ref To Com On Rules, Calendar, and Operations of the House

H 619: WESTON'S LAW. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 676: NEW ARCHITECT RECRUITMENT ACT.

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

H 869: STATE BAR GRIEVANCE PROCESS/ETHICS RECORDS. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 990: MEDICAID HOSPITAL ASSESSMENTS ADJUSTMENTS. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1170: OPPOSE PARKING FEES/GSM NAT'L PARK.

    House: Passed 1st Reading
    House: Cal Pursuant 32
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 1171: OBSERVE FLAG DAY.

    House: Filed
    House: Rules Suspended
    House: Passed 1st Reading
    House: Cal Pursuant 32
    House: Added to Calendar
    House: Adopted

S 201: VAR. MOTOR VEH. AND TRANSPORT. LAW CHANGES. (NEW).

    Senate: Failed Concur In H Com Sub
    Senate: Conf Com Appointed
    Senate: Failed Concur In H Com Sub
    Senate: Conf Com Appointed

S 265: BOND INFO TRANSPARENCY/LGC TOOLKIT II. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

S 347: CAPTIVE INSURANCE AMENDMENTS.

    Senate: Signed by Gov. 6/14/2022
    Senate: Ch. SL 2022-7

S 372: ELECTRICAL LIC./BLDG. CODE/DEV. REFORM 2022. (NEW)

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 06/16/2022

S 388: QUALIFYING FARMER ZOO SALES TAX EXEMPTION. (NEW)

    House: Withdrawn From Com
    House: Re-ref to the Com on Agriculture, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
    House: Withdrawn From Com
    House: Re-ref to the Com on Agriculture, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

S 448: AMENDMENTS TO SCHEDULE VI OF THE CSA.

    Senate: Signed by Gov. 6/14/2022
    Senate: Ch. SL 2022-9

S 496: DOI OMNIBUS BILL. (NEW)

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 06/15/2022
    Senate: Withdrawn From Com
    Senate: Placed On Cal For 06/15/2022

Actions on Bills: 2022-06-14

LOCAL BILLS

H 995: GREENSBORO DEANNEX/WELDON CITY BD OF ED PAY. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1004: TROUTMAN CHARTER REVISED & CONSOLIDATED.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1012: JACKSONVILLE DEANNEX/SOUTHERN PINES/ETJ. (NEW)

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1024: DURHAM TRAFFIC CRASH INVESTIGATORS. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary 2

H 1026: NORTH WILKESBORO DEANNEXATION.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1044: BEECH MOUNTAIN AND MORGANTON DEANNEXATIONS. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1045: MAYLAND CC/BLUE RIDGE HOTEL TRANSFER AUTH.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1061: CURRITUCK COUNTY GAME COMMISSION/LICENSING.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1065: CLYDE/ANDREWS DEANNEX; VARIOUS LAND TRANSFERS. (NEW)

    House: Reptd Fav Com Substitute
    House: Ruled Material
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Ruled Material
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1075: BRYSON CITY/SWAIN COUNTY OCCUPANCY TAX.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 1096: SURF CITY DEANNEXATION.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1157: WELDON PROPERTY CONVEYANCE.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1162: CATAWBA/NEWTON-CONOVER/HICKORY BD OF ED ELECT. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1165: SALISBURY VOLUNTARY ANNEX TEMP. MORATORIA.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1169: ELECT THOMASVILLE CITY BD. OF ED. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Local Government, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Local Government, if favorable, Rules, Calendar, and Operations of the House

S 256: ROCKINGHAM COMMUNITY COLLEGE BOT. (NEW)

    Senate: Concurred In H Com Sub
    Senate: Ordered Enrolled

S 755: CLINTON-SAMPSON COUNTY AIRPORT LEASES.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 773: GOLDSTON SATELLITE ANNEXATIONS.

    Senate: Passed 2nd Reading

S 815: SHELBY/ZEBULON CHANGES. (NEW)

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 907: ECONOMIC GROWTH ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

S 908: AIRPORT ECONOMIC DEVELOPMENT ACT.

    Senate: Reptd Fav
    Senate: Re-ref Com On Finance

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view