House committee substitute to the 1st edition makes the following changes.
Makes a clarifying change in the proposed language in Section 4 of Article IX of the North Carolina Constitution, to specify that elected members of the State Board of Education must be elected from districts by the voters of each district (was, voters of the districts) in the manner prescribed by law. Amends the language that appears on the ballot to read that the changes include that all vacancies for elected positions on the State Board of Education will be filled in a manner provided by law (was, all vacancies for elected positions on the State Board of Education will be appointed by the Governor, subject to confirmation by the NCGA). Makes conforming changes to the act's long title.
The Daily Bulletin: 2023-02-07
Printer-friendly: Click to view
The Daily Bulletin: 2023-02-07
| Intro. by Blackwell, Torbett, Hardister, Willis. | CONST |
House committee substitute to the 1st edition makes the following changes. Changes the definition of food service ware in GS 105-187.63(2a) to include nonrecyclable products. Clarifies that nonrecyclable does not include post-use polymers or recovered feedstock processed at an advanced recycling facility. Makes the same changes to food service ware as it is used in Section 3 (the study on food service ware) and Section 4 (concerning the reduction of food service ware at NCGA and agencies).
In Section 4, adds beverage services which includes the provision of coffee, water, and other beverages in committee meetings and the legislative chambers, to the types of establishments that the Legislative Services Officer is required to evaluate for opportunities for the reduction of food service ware.
Appropriates from the General Fund to the Office of State Budget and Management (OSBM) $2,730,800 in nonrecurring funds for the 2023-24 fiscal year to provide a directed grant to the City of Salisbury for the following purposes: (1) police and fire safety equipment, including ballistic vests, helmets, and a rescue vehicle; (2) fire loops in the downtown area, paving overlays, extensions and additional fire hydrants; (3) a fire department decontamination area.
Appropriates from the General Fund to the OSBM $14,560,146 in nonrecurring funds for the 2023-24 fiscal year to provide a directed grant to the Town of East Spencer for a new municipal complex to house the Town’s police, administrative, and fire departments.
Appropriates from the General Fund to the OSBM $4,761,917 in nonrecurring funds for the 2023-24 fiscal year to provide a directed grant to the Town of Spencer to complete the proposed urban greenway known as EB-5861. Directs the town to use funds to complete phase one 1, which allows the Town to enter into an agreement with the Department of Transportation to begin the proposed urban greenway, with the remainder of the funds to be used to complete sidewalk and greenery connectors.
Appropriates from the General Fund to the OSBM $2 million in nonrecurring funds for the 2023-24 fiscal year to provide a directed grant to Catawba College for the renovation of Newman Park to make it ADA accessible and allow for the college to house sporting events and tournaments safely for the general public.
Effective July 1, 2023.
Includes whereas clauses. Enacts new GS 103-17 (SUDEP Awareness Week), as title indicates.
Enacts GS 115C-375.7, cited as the "Shannon Leigh Adcock, Steven Anthony Christos, and Samantha Davis Memorial Act." Establishes a legislative goal to encourage local boards of education to develop and provide seizure awareness training for all teachers and school personnel who may be responsible for students with epilepsy or students that are otherwise predisposed to seizures.
Includes whereas clauses.
Enacts new GS 95-31.1 making it State public policy that the employment at-will doctrine is inconsistent with the implied covenant of good faith and fair dealing that is a part of every employment contract in the state. Abolishes the doctrine of at-will employment in this state and allows an employee in this state to be fired only for just cause.
| Intro. by Logan, Autry, Harrison, Roberson. | GS 95 |
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education with additional flexibility in adopting their school calendars by removing the specified opening and closing dates. Applies beginning with the 2023-24 school year.
| Intro. by Everitt. | GS 115C |
Includes whereas clauses.
Enacts new GS Chapter 64A (Verification of Eligibility for Receipt of Public Benefits). Adopts definitions of alien and public benefit from federal law. Beginning January 1, 2024, prohibits state agencies, occupational licensing boards, and state agency licensing boards from providing a public benefit to any applicant prior to verifying that person's immigration status, or to persons not meeting certain criteria once their status has been verified. Requires the agencies and boards to enter into a memorandum of agreement or computer matching agreement with the Department of Homeland Security to use the Systematic Alien Verification for Entitlements (SAVE) Program to verify applicants' immigration status. Mandates annual reporting, starting December 1, 2023, by each agency and board to the specified NCGA committee regarding the implementation of these requirements. Creates a right of private enforcement by any resident of North Carolina who has reason to believe a state agency, occupational licensing board or state licensing board is not in compliance with this Chapter. Provides that private enforcement is to be filed as an action for declaratory and injunctive relief in the superior court. Authorizes a court to award the prevailing party reasonable attorneys' fees and costs, and to impose a civil penalty against any agency or board not in compliance with any order issued as a result of a private enforcement action up to $10,000. Requires the clear proceeds of any such civil penalty to be remitted to the Civil Penalty and Forfeiture Fund.
| Intro. by Cleveland, Moss, Wheatley, Sossamon. | GS 64A |
Adds new Article 5J to GS Chapter 105 (governing taxation), which imposes an international wire transfer fee of 4% of the amount of the international transfer for all international wire transfers of money originating in the state. Directs that the fee will be administered the same as sales and use taxes imposed under Article 5 of GS Chapter 105. Clarifies that, for purposes of administering Article 5J, a person who is in the business of transferring money by wire is considered a retailer under GS 105-164.3 (setting forth definitions for sales and use taxes, including a retailer). Requires retailers who collect the new international wire transfer fee to provide the taxpayer with a receipt that states the amount of the wire transfer and the amount of the fee collected. Makes the penalties set forth in Article 9 of Chapter 105 applicable to violations of Article 5J. Makes it a Class 1 misdemeanor for a person to wire transfer money nationally for subsequent international wire transfer to avoid the fee imposed by Article 5J. Effective July 1, 2023, and applies to transfers of money by wire made on or after that date.
| Intro. by Cleveland, Moss, Kidwell. | GS 105 |
Appropriates $10.3 million from the General Fund to the Office of State Budget and Management for 2023-24 for a directed grant to Forsyth County for the construction of a multiuse agricultural event center. Effective July 1, 2023.
Includes whereas clauses.
Part I
Amends GS 115C-12 to require the State Board of Education to ensure 100% muscadine grape juice (muscadine grape juice) is available in schools for students with visual and hearing impairments operated under Article 9C of GS Chapter 115 as part of the school's nutrition program or through the school's vending facilities. Enacts GS 115C-264.5, GS 115C-218.75(k), GS 115C-238.66(19), and GS 116-239.8(b)(4)c. to charge local boards of education, charter schools, regional schools, and laboratory schools with the same duty to ensure muscadine grape juice is available to students as part of the school's nutrition program or through the school's vending facilities. Applies beginning with the 2023-24 school year.
Similarly, amends GS 115D-20 to require the State Board of Community Colleges to make available muscadine grape juice as a beverage option in the operation of the community college's vending facilities. Enacts GS 116-43.25 to require UNC constituent institutions to make muscadine grape juice available as a beverage option in the operation of the institution's vending facilities. Applies beginning with the 2023-24 academic year.
Part II
States legislative findings concerning the importance of the availability of fresh produce and products to NC children and its benefit to NC farmers and food processors.
Directs the Food Distribution Division of the Department of Agriculture and Consumer Services (DACS) to revise its bidding, procurement, and ordering procedures for the Farm to School Program to include fruit and fruit products to the list of those made available to school nutrition programs by December 1, 2023. Requires the fruit or fruit product producer to be a participant in the Got To Be NC marketing program, and requires that the fruit or fruit product meet all nutritional and packaging requirements for foods supplied to school nutrition programs under federal and State law. Requires DACS to include in all agreements for packaged fruit products a requirement that the supplier will buyback from the Farm to School Program unopened and unexpired products returned to the Farm to School Program from school nutrition programs to be credited back to the school nutrition programs net of reasonable product handling costs. Directs DACS to provide an interim report by September 1, 2023, and a final report by January 1, 2024, to the specified NCGA committee and division.
| Intro. by Howard, Setzer, Dixon. | GS 115C |
The Daily Bulletin: 2023-02-07
Senate committee substitute to the 2nd edition makes the following changes. Under the 2nd edition of the bill, Article 5A does not apply when the infant is not reasonably believed to be under seven days old. Removes this language and changes the exclusion to when “a surrendered infant is reasonably believed to be more than seven days old.” Changes the age of the infant from “under” seven days old to “not more than” seven days old throughout the Article, in GS 7B-101, and GS 14-322.3. Changes the age of the infant from “less than seven days of age” to “not more” than seven days of age in GS 14-322.3.
Changes the effective date to make the amendments to GS 14-322.2 effective after December 1, 2023, and applies to offenses committed after that date. The remainder of the act becomes effective October 1, 2023 and adds that the act applies to infants safely surrendered on or after that date.
Senate amendment makes the following changes to the 1st edition. Provides that the NCGA, having given due consideration to the matter, confirms (was, the NCGA was required to consider whether to confirm) Nels Roseland to the Office of State Controller. Makes conforming changes to the long title.
| Intro. by Rabon. | JOINT RES |
Senate amendment makes the following changes to the 1st edition. Provides that the NCGA, having given due consideration to the matter, confirms (was, the NCGA was required to consider whether to confirm) Todd Ishee as Secretary of the Department of Adult Correction. Makes conforming changes to the act's long title.
| Intro. by Rabon. | SENATE RES |
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 42-39 by deleting the language that exempted from Article 5 (Residential Rental Agreements) transient occupancy in a hotel, motel, or similar lodging subject to regulation by the Commission for Public Health.
Enacts GS 160A-311.1, authorizing cities to take the following actions within its stormwater management program: (1) purchase property for the purpose of demolishing flood-prone buildings; and (2) implement flood damage reduction techniques that result in improvements to private property, including elevating structures or their associated components and demolishing or retrofitting flood-prone structures. States legislative findings regarding stormwater management programs, and limits the scope of the statute to cities with a population of 200,000 or more.
Requires a city council to approve a policy document governing implementation of the authorized flood damage reduction techniques which improve private property. Details five requirements of a city's policy document, including requiring prior consent of the property owner, requiring a determination that improving the stormwater system is not practically feasible or cost-effective, stating the minimum financial contribution a private property owner must make, and requiring reimbursement by the property owner of city funds if the property is sold within five years of project completion. Requires an existing stormwater advisory committee to review and approve such projects, and submit an annual report to the city council for its review.
| Intro. by Lowe. | GS 160A |
Enacts new GS 160A-499.6 authorizing a city to employ and allow civilian personnel to investigate traffic crashes and issue citations for infractions, naming these personnel Civilian Traffic Investigators (investigators). Details nine requirements of the city and investigators regarding the employment of investigators, including establishing minimum employment standards and compliance with specified training conditions, equipment issuance, and limits of investigator authority. Specifies that investigators cannot be issued a weapon and have no authority to arrest or issue criminal process. Requires the city to report to the specified NCGA committees by December 31, 2024, on the training and use of investigators between the date the act becomes law and November 1, 2024.
| Intro. by Lowe. | GS 160A |
Amends GS 147-64.6 (governing the duties and responsibilities of the State Auditor), as follows. When the Auditor has reason to believe that information received or collected may be evidence of criminal misconduct, requires the Auditor to report the information to the State Bureau of Investigation (SBI) and the DA for the county where the alleged misconduct occurred (currently the Auditor can report to either the SBI or the county DA). Bars the Auditor from making any extrajudicial statements that have a likelihood of prejudicing a criminal investigation, an adjudicatory proceeding during a pending criminal investigation, or subsequent prosecution.
Requires the Auditor to provide the complete file and other pertinent work papers and all supportive material related to an audit or investigation to any representatives of State or federal government who request those records in connection with a matter before them, including a criminal investigation (currently, the Auditor has the option to provide such materials). Specifies that providing these materials is in order to avoid duplicating investigative effort in addition to audit effort. Permits the Auditor to seek a protective order regarding the use and disclosure of all or part of a record upon receiving such request by filing a civil action in superior court in the county where jurisdiction over a related potential criminal action exists. Requires the Auditor to demonstrate by clear and convincing evidence that the order is either necessary to protect the confidential or privileged nature of all or part of the record or is required by other State or federal law. Requires the Auditor to provide the requesting party 10 days’ notice. Requires the court to hold a hearing if requested by either party.
Designates audit work papers as confidential except as otherwise provided in GS 147-64.6 or to comply with a court order. "Court order" replaces more specific language requiring an order from the Wake County Superior Court issued after a hearing finding that access is necessary to the administration of justice.
| Intro. by Britt, Craven, Perry. | GS 147 |
The Daily Bulletin: 2023-02-07
Identical to S 72, filed 2/6/23.
Section 1
Amends SL 1969-874, as amended, as follows. Requires Catawba County Board of Education (Board) members to be nominated in primaries and elected at general elections, beginning in 2024 (previously, elected at general elections based on the number of vacancies). Requires Board candidates to file their notices of candidacy at the same time as other county offices (was, a described date), and provides for partisan election of the Board (currently, provides for nonpartisan plurality election). Refers to qualified voters instead of electors. Makes conforming, clarifying, and technical changes.
Adds a new section 6.1 to require vacancies of the Board for positions elected on a partisan basis to be filled by appointment by the remaining members pursuant to GS 115C-37.1, beginning in 2024. Provides 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.
Specifies that the act does not affect the terms of office of any member elected in 2020 or 2022 to the Catawba County Board of Education. Requires the members of the Catawba County Board of Education elected in 2020 and 2022, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2020 or 2022, to serve until a successor has been elected and qualified.
Applies to elections held beginning in 2024.
Section 2
Changes the elections for the Hickory City Board of Education (Board) set forth in SL 1971-930, as amended, as follows. Changes the elections from nonpartisan with no primary election to partisan, beginning in 2023, with seats filled by nomination in primaries and by election in general elections. Requires elections to be conducted in accordance with GS 163-279(a)(2) and GS 163-291. Requires registration and elections to comply with state education and election laws (GS Chapters 115C and 163; was, laws, rules, and regulations applicable to elections for county offices). Establishes residency requirements for Board candidates, requiring all candidates to be qualified voters residing within the Hickory Administrative School Unit. Provides for vacancies for Board positions elected on a partisan basis to be filled by appointment by remaining members pursuant to GS 115C-37.1. Makes conforming and technical changes. Repeals Sections 5 and 6 of the session law, relating to nonpartisan election procedures.
Provides that the terms of members elected to the Board in 2019 or 2021 are not affected by the act.
Section 3
Changes the elections for the Board of Trustees of the Newton-Conover City Administrative Unit set forth in SL 1935-200, as amended, as follows. Changes the name of the board to the Newton-Conover City Board of Education (City Board). Provides for staggered four-year terms, beginning in 2023, with three members representing the Newton district, and three members representing the Conover district (previously, four trustees were from Newton, and two from Conover, and served three-year terms). Makes elections partisan rather than nonpartisan. Requires elections to be conducted in accordance with GS 163-279(a)(2) and GS 163-291. Requires registration and elections to comply with state education and election laws. Establishes residency requirements for Board candidates, requiring all candidates to be qualified voters residing within the Newton-Conover Administrative School Unit. Provides for elected members to take office on the first Monday in December following election. Provides for vacancies for Board positions elected on a partisan basis to be filled by appointment by remaining members pursuant to GS 115C-37.1. Repeals obsolete language and provisions relating to nonpartisan election procedures. Makes further conforming and technical changes.
Provides that the terms of members elected to the City Board in 2019 and 2021 are not affected by the act.
Section 4
Makes conforming changes to GS 115C-37.1. Effective December 1, 2024.
Section 5
Applicable to the Hickory City Schools and Newton-Conover City Schools only, enacts GS 115C-37.2, setting forth the procedure for filling vacancies on the city boards of education elected on a partisan basis, with appointments by the person, board, or commission specified in the public or local act, subject to consultation with the county executive committee of a political party when the vacating member was elected as the nominee of a political party, within 30 days of the vacancy. Effective December 1, 2023.
| Intro. by Adams, Setzer. | Catawba |
The Daily Bulletin: 2023-02-07
Senate committee substitute to the 1st edition makes the following changes. Amends the composition of the seven members of the Stanly County Airport Authority (Authority) to specify that the five members serving staggered four-year terms must be individuals appointed by the Stanly County Board of Commissioners (Board) but who are not Stanly County commissioners. Deletes language stipulating the dates by which the staggered terms expire. Specifies that the remaining two members must be members of the Stanly County Board of Commissioners who serve at the pleasure of the Board so long as they are a Stanly County commissioner. Changes the filing requirements for the oath of office, now requiring the oath to be filed with the Clerk to the Stanly County Board of Commissioners (was, the Stanly County Board of Commissioners). Makes other clarifying and technical changes.
Adds that nothing in this act affects the terms of office of the members serving on the Authority on the effective date of this act. Requires the Stanly County Board of Commissioners to make appointments for the two additional members of the Authority authorized by this act in such a way that will maintain the staggering of the terms of office.
Amends the effective date provision to specify that the act applies to contracts and leases entered into, amended, or renewed on or after the date that the act becomes law.
Amends the act's long title.
| Intro. by Ford. | Stanly |
Blank bill.
| Intro. by Waddell. | Mecklenburg |
Blank bill.
| Intro. by Salvador. | Mecklenburg |
Blank bill.
| Intro. by Rabon. | Brunswick, Columbus, New Hanover |
Actions on Bills: 2023-02-07
H 17: ELECT THE SBE/SPI AS SBE CHAIR.
H 28: NC MANAGING ENVIRONMENTAL WASTE ACT OF 2023.
H 49: PROTECT RELIGIOUS MEETING PLACES.
H 50: PISTOL PURCHASE PERMIT REPEAL.
H 52: FUNDS FOR DAVIE COUNTY PROJECTS.
H 53: FIREARM IN UNATTENDED VEHICLE/SAFELY STORE.
H 54: MAKE NORTH CAROLINA HOME ACT OF 2023.
H 55: FIRE INVESTIGATION LAW REVISIONS.
H 56: SAFE FIREARM STORAGE/SALES TAX EXEMPTION. (NEW)
H 58: PARENTS' AND STUDENTS' BILL OF RIGHTS.
H 59: FUNDS FOR PROJECTS IN ROWAN COUNTY.
H 60: SUDEP AWARENESS WEEK.
H 61: ABOLISH EMPLOYMENT AT-WILL.
H 62: AN ACT TO DO SCHOOL CALENDARS BETTER.
H 63: VERIFICATION OF IMMIGRATION STATUS - SAVE.
H 64: FEE ON WIRE TRANSFERS.
H 65: FUNDS FOR FORSYTH AGRICULTURAL EVENT CENTER.
H 67: ENCOURAGE HEALTHY NC FOOD IN SCHOOLS.
S 20: CARE FOR WOMEN, CHILDREN, AND FAMILIES ACT. (NEW)
S 31: CONFIRM NELS ROSELAND, STATE CONTROLLER.
S 32: CONFIRM TODD ISHEE, SEC. OF ADULT CORRECTION.
S 49: PARENTS' BILL OF RIGHTS.
S 53: HOTEL SAFETY ISSUES.
S 69: EDUCATE PATIENTS ABOUT OPIOID ANTAGONISTS.
S 70: PROMOTE NORTH CAROLINA SAWMILLS.
S 74: PARENTS' AND STUDENTS' BILL OF RIGHTS.
S 76: CITIES/FLOOD REDUCTION TECHNIQUES.
S 77: CITIES/CIVILIAN TRAFFIC INVESTIGATORS.
S 80: STATE AUDITOR DISCLOSURE AND DISCOVERY ACT.
Actions on Bills: 2023-02-07
H 51: SCHOOL CALENDAR FLEX/MULTIPLE COUNTIES.
H 57: HARMONY/LOVE VALLEY ELECTION CHANGES. (NEW)
H 66: BOARDS OF EDUCATION ELECTIONS (NEW)
S 18: STANLY CTY AIRPORT AUTHORITY/MEMBERS & LEASES.
S 68: VARIOUS LOCAL CHANGES. (NEW)
S 71: 45TH SENATORIAL DISTRICT LOCAL ACT-1.
S 72: CATAWBA/NEWTON-CONOVER/HICKORY BD OF ED ELECT.
S 73: 24TH SENATORIAL DISTRICT LOCAL ACT-1.
S 75: 40TH SENATORIAL DISTRICT LOCAL ACT-1.
S 78: 39TH SENATORIAL DISTRICT LOCAL ACT-1.
S 79: LELAND ANNEXATION MORATORIUM. (NEW)
© 2024 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.