Section 1
Enacts new Article 9, Sports Wagering, in GS Chapter 18C, providing as follows. Sets out and defines terms as they are used in the Article. Defines sports wager or sports wagering as the placing of wagers via an interactive account on any of the following: (1) a sporting event, (2) a portion of a sporting event, (3) the individual performance statistics of athletes in a sporting event or combination of sporting events, or (4) a parimutuel wager. Specifies that the term includes single-game wagers, teaser wagers, parlays, over-under, moneyline, pools, exchange wagering, in-game wagering, in-play wagers, proposition wagers, straight wagers, and any other wager approved by the North Carolina State Lottery Commission (Commission). Defines parimutuel wager as a betting system in which all of the bets of a particular type are placed together in a pool and the sports wager is placed against other bettors placing sports wagers on the same event of horse racing, dog racing, or other sporting events in which the participants finish in a ranked order. Defines a sports wagering platform as a website, mobile application, or other interactive platform accessible via the Internet, mobile, wireless, or similar communication technology that a registered player may use to place sports wagers authorized under this Article.
Legalizes sports wagering, including parimutuel wagering. Requires sports wagering to be placed via an interactive account (a mobile account established by a registered player for the purpose of placing sports wagers) and initiated and received within this State except as provided in GS 18C-928 (described below, concerning Indian tribe gaming). Requires an interactive sports wagering to: (1) ensure that the registered player is located within the State, and not present on Indian lands within the State, when placing any sports wager, using geofencing and (2) monitor and block unauthorized attempts to place sports wagers. Specifically excludes from this Article interactive sports wagering conducted exclusively on Indian lands by an Indian tribe operating in accordance with a Tribal-State gaming compact and authorized to conduct Class III gaming under a compact with the State. Prohibits a licensed sports wagering operator from accepting a wager if the registered player placing the wager is physically present on Indian lands when the wager is initiated and received; requires using geofencing to ensure compliance. Also prohibits: (1) sports wagering involving youth sports; (2) sports wagering on injuries, penalties, the outcome of a disciplinary proceeding against an event participant; and (3) the Commission serving as an operator of a sports wagering platform. Also excludes from the Article fantasy or simulated games or contests in which more than one fantasy contest player competes against each other and winning outcomes reflect the relative knowledge and skill of the fantasy contest players and are determined predominantly by accumulated statistical results of the performance of individuals. Gives the Commission and the Department of Revenue (DOR) authority to audit any interactive sports wagering operator or its service providers as related to sports wagering activities authorized under this Article. Allows any sports governing body on whose sporting events sports wagering is authorized to enter into commercial agreements with interactive sports wagering operators or other entities in which the sports governing body may share in the amount bet from sports wagering on sporting events of the sports governing body; specifies that a sports governing body is not required to obtain a license or any other Commission approval to lawfully accept such amounts. Defines a sports governing body as an organization headquartered in the United States that prescribes final rules with respect to a sporting event and enforces the code of conduct for participants therein; for electronic sports, the sports governing body is the video game publisher of the title used in the electronic sports competition, regardless of location. Specifies that the Commission is not authorized to establish, require, or enforce a maximum or minimum payout or hold percentage upon any interactive sports wagering operator.
Requires obtaining an interactive sports wagering license before offering or accepting sports wagers. Requires the Commission to authorize at least 10 but not more than 12 interactive sports wagering operators to offer and accept sport wagers to and from registered players on sporting events, which include professional sports, college sports, electronic sports, amateur sports, and any other event approved by the Commission. Requires license applicants to submit an application and a $1 million licensing fee to the Commission; requires the fee to be refunded if the application is denied, minus expenses. Sets out items that must be included in the application. Requires the Commission to conduct a background investigation on the applicant and key persons as deemed necessary by the Commission, which will include a credit history check, a tax record check, and a criminal history record check. Prohibits awarding a license if an applicant or a key person of the applicant has been convicted of a felony or any gambling offense in any state or federal court within 10 years of application or renewal. Refusal by an applicant or key person to consent to the criminal history record check may constitute grounds to deny licensure. Allows denial of an interactive sports wagering license for the same reasons listed for denying a valid service provider license (discussed below). Provides that if there are more qualified applications than the number of authorized operators, then the Commission must select the best qualified applicants, taking into consideration the five listed factors. Allows licensing a person who holds a license issued by another US state or territory, or the District of Columbia, if the specified requirements are met, without any further examination. Also allows the Commission to accept another jurisdiction's or approved third party's testing of the interactive sports wagering platform as evidence that the sports wagering platform meets any of the Commission’s requirements. Requires the Commission to review and issue interactive sports wagering licenses to qualified applicants within 60 days of receiving a completed application; allows extending this period if the background check is outstanding. Denials must be in writing and state the grounds for denial. Limits which applicant information is considered a public record. Requires an interactive sports wagering operator to promptly report: (1) all criminal or disciplinary proceedings commenced against the operator in connection with its operations to the Commission and (2) all changes in key persons, with new key persons required to consent to a background check. Prohibits transferring a license without approval. Requires interactive sports wagering operators to maintain a reserve of the greater than no less than $500,000 or the amount required to cover the outstanding liabilities for sports wagers accepted by the interactive sports wagering operator. Sets out the allowable forms the reserve may take. Requires the reserve to be adequate to pay winning sports wagers to sports bettors when due; presumes this requirement is met if the operator maintains, on a daily basis, a minimum reserve in an amount at least equal to the average daily minimum reserve, calculated on a monthly basis, for the corresponding month in the previous year.
Requires a license to provide covered services to an interactive sports wagering operator; excludes an interactive sports wagering operator providing covered services inhouse. Defines covered services as any service creating sports wagering markets and determination of sports wager outcomes that involves the operation, management, or control of sports wagers authorized by this Article, including the development or operation of the sports wagering platform and the determination of odds or line information; sets out items specifically excluded from the term. Requires the Commission to review and issue service provider licenses to qualified applicants within 60 days of receipt of a completed application; allows extending this period if the background check is outstanding. Requires denials to be in writing and to state the grounds for denial. Requires applicants to submit the application form and a $50,000 licensing fee. Sets out information that must be included in the application. Requires the Commission to conduct a background investigation on the applicant and key persons as deemed necessary by the Commission, which will include a credit history check, a tax record check, and a criminal history record check. Prohibits awarding a license if an applicant or a key person of the applicant has been convicted of a felony or any gambling offense in any state or federal court within 10 years of application or renewal. Refusal by an applicant or key person to consent to the criminal history record check may constitute grounds to deny licensure. Allows licensing a person who holds a license issued by another US state or territory, or the District of Columbia, if the specified requirements are met, without any further examination. Grounds for denial of a license may include: (1) the applicant is unable to satisfy the Article’s requirements; (2) the applicant or any key persons are not of good character, honesty or integrity; (3) the applicant's or any key person's prior activities, criminal record, reputation, or associations indicate a potential threat to the public interest, impede the regulation of sports wagering, or promote unfair or illegal activities in the conduct of sports wagering; (4) the applicant or a key person knowingly makes a false statement of material fact or deliberately fails to disclose information requested by the Commission; (5) the applicant or a key person knowingly fails to comply with the Article’s provisions or any requirements of the Commission; (6) the applicant or a key person was convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust within the 10 years prior to the submission date of the application; (7) any revocation, suspension, or denial of the applicant's or key person's license, certification, or registration to conduct sports wagering, other forms of gambling activity, or a covered service issued by any other jurisdiction; or (8) the applicant has defaulted on any obligation or debt owed to this State. Limits which applicant information is considered a public record. Requires a service provider to promptly report: (1) all criminal or disciplinary proceedings commenced against the operator in connection with its operations to the Commission and (2) all changes in key persons, with new key persons required to consent to a background check. Prohibits transferring a license without approval.
Allows the Commission to issue a sports wagering supplier license to a sports wagering supplier; exempts an interactive sports wagering operator who provides covered services in-house. Defines a sports wagering supplier as a person that provides services, goods, software, or other components necessary for the creation of sports wagering markets and determination of sports wager outcomes, directly or indirectly, to any interactive sports wagering operator or service provider involved in the acceptance of sports wagers, including any of the following: providers of data feeds and odds services, Internet platform providers, risk management providers, integrity monitoring providers, and other providers of sports wagering supplier services as determined by the Commission; sets out items excluded from the term. Allows the Commission, upon request of an applicant for a sports wagering supplier license, to issue a provisional sports wagering supplier license if the applicant has submitted a completed application; sets a provisional license to expire on the date provided by the Commission. Requires license applicants to submit an application and a $30,000 licensing fee. Requires applicants to disclose the identity of: (1) the applicant's principal owners who directly own 10% or more of the applicant; (2) each holding, intermediary, or parent company that directly owns 15% or more of the applicant; (3) the applicant's board appointed CEO and CFO, or the equivalent; and (4) any other information the Commission may deem necessary. Waives disclosure of governmental created entities and investment funds or entities registered with the Securities and Exchange Commission. Specifies that a sports wagering supplier license or provisional sports wagering supplier license is sufficient to offer sports wagering services. Requires the Commission to conduct a background investigation on the applicant and key persons as deemed necessary by the Commission, which will include a credit history check, a tax record check, and a criminal history record check. Prohibits awarding a license if an applicant or a key person of the applicant has been convicted of a felony or any gambling offense in any state or federal court within 10 years of application or renewal. Refusal by an applicant or key person to consent to the criminal history record check may constitute grounds to deny licensure. Requires the Commission to review and issue licenses to qualified applicants within 60 days of receipt of a completed application; allows extending this period if the background check is outstanding Allows licensing a person who holds a license issued by another US state or territory, or the District of Columbia, if the specified requirements are met, without any further examination. Prohibits transferring the license without approval.
Sets the duration of each of the above licenses at five years. Requires licensee to submit a renewal application at least 60 days before the license expires; sets out the renewal fees. Allows the Commission to revoke or deny a license renewal for: (1) the same grounds that would constitute denial of an initial application, (2) a violation of this Article, or (3) failure to pay the privilege tax. Allows denial of an interactive sports wagering operator license if there is good cause to believe approval of another applicant would better generate revenue for the State, protect the public interest, and otherwise satisfy the criteria for issuance, and no additional licenses are available.
Requires the Commission to use tax proceeds and license fees to cover expenses of administering the Article; remaining proceeds are remitted to the General Fund.
Requires an interactive sports wagering operator and its service providers to make commercially reasonable efforts to: (1) prevent persons who are not registered players from placing sports wagers through its sports wagering platform; (2) prevent persons who are not physically located in the State from placing a wager through its sports wagering platform; (3) protect the confidential information of registered players using its sports wagering platform; (4) prevent sports wagering on prohibited events; (5) prevent persons from placing sports wagers as agents or proxies for others; (6) allow persons to voluntarily exclude themselves from placing sports wagers through its sports wagering; (7) establish procedures to detect suspicious or illegal sports wagering activity; (8) provide for the reporting of income tax of registered players where required by applicable State or federal law; and (9) prevent a participant in a sporting event, including an athlete, coach, trainer, official, or any employee or staff of a participant, from placing a sports wager on the sporting event in which the participant is participating. Requires interactive sports wagering operators to keep records for three years after a sporting event occurs, on: (1) all sports wagers, including the identity of the registered player; (2) the amount, type, time, location, and outcome of the wager, including the IP address, if available; and (3) suspicious or illegal sports wagering activity. Require disclosure of these records to the Commission upon request. Requires sports wagering platform advertisement to: (1) not target persons under 21 years old, (2) disclose the identity of the interactive sports wagering operator, (3) provide information about or links to resources related to gambling addiction and prevention, (4) not be misleading to a reasonable person. Requires licensees to conduct background checks on newly hired employees, including searching for criminal history and any charges or convictions involving corruption or manipulation of sporting events and association with organized crime. Requires interactive sports wagering operators and service providers to use commercially reasonable methods to maintain the security of wagering data, registered player and other customer data, and any other confidential information. Requires servers necessary to the placement or resolution of a sports wager, other than back-up servers, to be physically located in North Carolina. Requires interactive sports wagering operators to produce a daily summary of all sports wagering activity, detailing all transactions processed through each wagering system.
Requires being a registered player to deposit cash or cash equivalents, or to place a sports wager, with an interactive sports wagering operator. Sets out requirements for the registered players' interactive account and limits registered players to one interactive account with each interactive sports wagering operator. Sets out seven classes of individuals who are prohibited from engaging in sports wagering, including: a person under age 21; any Commission member, officer, or employee if placing a sports wager in this state; any employee or key person of an interactive sports wagering operator or service provider licensee when placing sports wagers with that interactive sports wagering operator; and any participant in the sporting event being bet on. Sets out conditions under which a registered player's interactive account may be suspended or terminated.
Allows a sports governing body to request in writing that the Commission restrict, limit, or exclude a certain type, form, or category of sports wagering with respect to the body's sporting events, if the body believes that the type, form, or category of sports wagering may undermine the sporting event's or body's integrity. Requires the request to be granted upon demonstration of good cause that the wagering is likely to undermine the body's or event's integrity. Sets out additional guidelines governing this process. Requires the Commission and interactive sports wagering operators to cooperate with investigations conducted by sports governing bodies or law enforcement agencies. Provides that interactive sports wagering operators are not required to use official league data to determine: (1) the results of tier one (a sports wager that is determined solely by the final score or final outcome of the sporting event and is placed before the event begins) sports wagers on sporting events of any organization whether headquartered in the United States or elsewhere or (2) the results of tier two (anything other than a tier one) sports wager on sporting events of organizations that are not headquartered in the United States. Allows a sports governing body to notify the Commission that it wants interactive sports wagering operators to use official league data to settle tier two sports wagers on sporting events of such sports governing body; sets out the process to be followed when such a request is made.
Allows the Commission to take the following actions, after notice and hearing, when a license holder violates the Article: (1) suspend or revoke the license and/or (2) impose a penalty of up to $10,000 for each violation.
Sets out the following criminal penalties: (1) Class 2 misdemeanor to knowingly offer or engage in sports wagering in violation of this Article or for a person under age 21 to engage in sports wagering, (2) Class G felony to knowingly attempt to influence the outcome of any competition or aspect of any competition that is the subject of sports wagering, and (3) Class I felony for any license applicant to willfully give false information on the interactive sports wagering license application.
Requires the Commission to establish a program under which individuals may voluntarily exclude themselves from placing sports wagers; requires interactive sports wagering operators to use reasonable means to comply with the exclusion of individuals participating in the program. Requires the Commission to adopt rules to establish the program, subject to five specified requirements, including requiring a process by which participants can petition for removal from the program. Treats the program as confidential; allows an interactive sports wagering operator conducting wagering in another state to share the information with agents and affiliates in other states for excluding individuals participating in the program.
Requires the Commission to adopt rules that allow but do not require interactive sports wagering operators and their service providers to employ systems that offset loss or manage or lay off risk. Allows sports facility owners or operators to establish a place of public accommodation for the purpose of accessing a sports wagering platform through mobile devices, computer terminals, or similar access devices; set out requirements for the location of such accommodations.
Allows permanent places of public accommodation for the purposes of accessing the registered player’s interactive account to be associated with each sports facility. Defines a sports facility as: (1) a motorsports facility that hosts a National Association for Stock Car Auto Racing national touring race and has a minimum seating capacity of 17,000 people; (2) a facility that hosts a professional golf tournament with more than 50,000 live spectators anticipated to attend based on similar prior tournaments; or (3) a facility that is the home location of a professional sports team that competes in any of the following professional leagues: Major League Baseball, Major League Soccer, National Basketball Association, National Football League, National Hockey League, or National Women's Soccer League. Sets out further provisions governing the location of the permanent places of public accommodation, including provisions that apply to professional golf tournaments. Requires all sports wagers made at a place of public accommodation to be placed via an interactive account. Requires mobile devices, computer terminals, similar devices, and cashiers used to operate the place of public accommodation to have the ability to accept and distribute cash and cash equivalents; however, specifies that only a cashier may distribute something of monetary value to the registered player at a place of public accommodation. Allows a place of public accommodation to be advertised by the owner or operator of the sports facility.
Provides that the intermediate routing of electronic data related to intrastate sport wagering does not determine the location in which sports wagers are initiated and received. Deems activities authorized by the Article as conducted solely under the Article’s authority, not under the federal Indian Gaming Regulatory Act. Deems a tribal gaming enterprise as a licensed interactive sports wagering operator upon: (1) submission of a completed application, (2) payment of any application and renewal fees, and (3) agreement to five specified provisions by the tribal gaming enterprise. Excludes a tribal gaming enterprise deemed an interactive sports wagering operator from the total number of authorized interactive sports wagering operators.
Effective January 1, 2024.
Section 2
Adds new Part 2L, under Article 10B of GS Chapter 143B, establishing the North Carolina Major Events, Games, and Attractions Fund (Fund). Sets out NCGA findings. Allows the Department of Commerce to enter into multiparty agreements with site selection organizations and local entities to provide grants from the Fund. Sets out nine conditions to be met, including that the economic activity directly or indirectly attributable to the major event is sufficient to justify the use of State funds to attract or retain the event in this state, and that a grant is necessary to attract or retain the major event to the state. Defines a major event as an entertainment, musical, political, sporting, or theatrical event where: (1) the event is held at a sports facility or is sponsored by NASCAR or the specified golf associations, (2) the event is not held more often than annually, (3) the location of the event is determined by a site selection organization through a competitive process, (4) the site selection organization considered multiple sites located outside of the state, and (5) the site selection organization selected a site within this state as the sole location for the event. Appropriates the funds remitted to the Fund from the privilege tax on sports wagering for the grants; requires the NCGA to determine any additional amount appropriated to the Fund. Sets out the process under which a local entity can apply for a grant. Requires the Department to report annually on the Fund to the specified NCGA committees and division. Requires the Department to conduct a study to determine the minimum funding level needed to successfully implement the Fund; requires reporting the study results to the specified NCGA committees and division annually. Sets out the process under which the Department, with the Governor, is to establish guidelines for the administration of the Fund, for the selection of projects, and for the disbursement of grants.
Effective January 1, 2024.
Section 3
Amends GS 18C-114 by making conforming changes to the Commission's powers. Adds that the Commission and Department of Revenue may agree to exchange any data necessary to enforce and administer Article 9 of GS Chapter 18C and Article 2E of GS Chapter 105, including information deemed necessary to perform an audit of a licensee or taxpayer under those Articles; makes conforming changes to GS 105-259.. Amends GS 18C-120 to make conforming changes by allowing the State Lottery Director to conduct background investigations of licensees under GS Chapter 18C and lottery contractors. Amends GS 143B-947 to allow the Department of Public Safety to provide the Commission and Director with criminal histories for licensees or prospective licensees under GS Chapter 18C; also allows fingerprints of those individuals to be forwarded to the SBI for a criminal history record search.
Enacts new GS 14-309.3 exempting sports wagering from Article 37, Lotteries, Gaming, Bingo and Raffles, of GS Chapter 14.
Makes conforming changes to GS 14-309.20, related to greyhound racing transmission or simulcasting.
Amends GS 16-1, voiding gaming and betting contracts, by excluding sports wagers placed in accordance with GS Chapter 18C.
Effective January 1, 2024.
Section 4
Adds new Article 2E, Privilege Tax on Interactive Sports Wagering Operators, under GS Chapter 105, providing as follows. Imposes a 14% privilege tax on interactive sports wagering operators on the value of the privilege conferred upon the interactive sports wagering operator by the State by the granting of a license. Sets out the formula for calculating the value of the privilege conferred on the operator. Allows a carryforward of the negative amount of gross wagering revenue; prohibits carrying forward an amount more than 12 months after the month in which the amount carried forward was originally due. Sets out record keeping requirements. Allows a refund to an operator on a sports wager that has been refunded to the registered player.
Allows the Secretary of Revenue (Secretary) to require an interactive sports wagering operator to furnish a bond in an amount that adequately protects the State from an interactive sports wagering operator's failure to pay taxes due under this Article. Sets the bond amount at two times the interactive sports wagering operator's expected monthly tax liability, provided the amount of the bond may not be less than $50,000 and no more than $2 million. Requires the Secretary to periodically review the sufficiency of bonds and increase the amount of a required bond when the amount of the bond furnished no longer covers the anticipated tax liability of the interactive sports wagering operator and decrease the amount when the Secretary determines that a smaller bond amount will adequately protect the State from loss. Allows an operator to substitute an irrevocable letter of credit for the secured bond.
Requires the Secretary to distribute this tax, less the allowance to DOR and reimbursement to the Commission for administrative expenses, as follows. Allows the Secretary to retain the cost of collection up to $500,000 a year. Requires the Commission to monthly notify the Department of its expenses from administering the provisions of Article 9 of GS Chapter 18C and requires reimbursing the Commission no later than the end of the month in which DOR was notified. Requires the remainder of the net proceeds of the tax to be credited in specified amounts in the following priority: (1) Department of Health and Human Services for gambling addiction education and treatment programs; (2) North Carolina Division of Parks and Recreation for grants of $10,000 per county for the purchase of youth sports equipment and facilities upgrades; (3) support collegiate athletic departments at Elizabeth City State University, Fayetteville State University, North Carolina Agricultural & Technical State University, North Carolina Central University, University of North Carolina at Asheville, University of North Carolina at Pembroke, and Winston-Salem State University; (4) North Carolina Outdoor Heritage Advisory Council for grants in specified amounts, in the discretion of the Council, for the following purposes: per sports team per county needing assistance to travel to in-State or out-of-state sporting events and team activities; to attract State, regional, and national sporting events, tournaments, and programs for nonprofessional athletes participating in programs administered by city, county, and local school administrative units; and use the remaining funds to support collegiate athletic departments, not to supplant general funding to that institution, at Elizabeth City State University, Fayetteville State University, North Carolina Agricultural & Technical State University, North Carolina Central University, University of North Carolina at Asheville, University of North Carolina at Pembroke, Winston-Salem State University, and then to the North Carolina Major Events, Games, and to the General Fund.
Effective January 1, 2024, and applies to gross wagering revenue received on or after that date.
Section 5
Includes a severability clause. Effective January 1, 2024.
Section 6
Requires the Commission to establish guidance to parties regulated by GS Chapter 18C, addressing the application of Article 9 to electronic sports with due consideration to the key role of game publishers as creators of the underlying video game. Allows the Commission to accept and issue applications for licensure in accordance with Article 9 before January 1, 2024, in order that licensees may begin operations on January 1, 2024. Specifies that if more than 12 completed applications are received, the Commission in its discretion must select and notify the qualified applicants it determines will best serve the public interest in maximizing revenue to the State, while preserving the integrity of sports wagering and ensuring accountability and preserving the public trust in licensed sports wagering activities. Prohibits a license issued by the Commission from becoming effective prior to January 1, 2024.
Section 7
Requires the Commission to use sufficient funds from the North Carolina State Lottery Fund to cover initial operating expenses of the Commission to implement Article 9, provided the total amount borrowed by the Commission must not exceed $14 million without further action by the NCGA. Requires the Commission to repay these funds within 36 months after the effective date of this act.
Section 8
Requires the Commission to study the restrictions on the number of licensees and report its findings, with any legislative recommendations, to the specified NCGA committee by March 1, 2024.
The Daily Bulletin: 2023-03-13
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The Daily Bulletin: 2023-03-13
Appropriates $11.5 million in nonrecurring funds from the General Fund to the Colleges System Office for the 2023-24 fiscal year to be allocated to Vance-Granville Community College to build a new applied center for advanced manufacturing to; (1) support industry training needs in the area of industrial mechanics, mechatronics, electronics, welding, and fabrication; (2) serve as an advanced manufacturing company recruitment benefit; and (3) support collaborative high school and college career and technical education partnerships. Effective July 1, 2023.
| Intro. by Sossamon. | APPROP |
Appropriates $20 million from the General Fund to the North Carolina Collaboratory (Collaboratory) for the 2023-24 fiscal year to be used for programs related to management of aqueous film-forming foams (AFFF) containing per- and poly-fluoroalkyl substances (PFAS) used by local fire departments and to PFAS-related research for five specified purposes. Defines local fire department. Permits for appropriated funds not used to remain available until expended instead of reverting back to the General Fund. Specifies those funds will not apply to the carryforward limitation imposed on UNC constituent institutions. Requires the Collaboratory to report on its use of the funds to include amounts and sources of PFAS-containing AFFF acquired from local fire departments and a summary of research findings and conclusions. The interim report is due September 1, 2024, and the final copy due on May 1, 2026. Effective July 1, 2023.
| Intro. by Sasser, Reives, Carson Smith, F. Jackson. | APPROP |
Identical to S 238, filed 3/8/23.
Includes whereas clauses.
Appropriates specified amounts from the General Fund to the UNC Board of Governors for 2023-24 to be allocated to Western Carolina University for its College of Engineering and Technology for the following projects: (1) to acquire lab equipment and renovate and expand current lab facilities; (2) to support instructional and professional staff, focusing on hands-on, project-based learning in industry; and (3) to construct a new facility for the College. Effective July 1, 2023.
| Intro. by Clampitt, Johnson, Gillespie, Pless. | APPROP |
Appropriates $200,000 in nonrecurring funds from the General Fund to Pamlico County for 2023-24 to contract with a third party to conduct an engineering study of drainage on Goose Creek Island which will address waterway improvements to Eastham Creek to improve stormwater capacity and reduce flooding impacts on the island and may include work to support permitting and other regulatory approvals for the solutions identified in the study. Effective July 1, 2023.
Contains whereas clauses. Urges the United States Congress to work more closely with the nation of Japan on mutually beneficial trade relations to encourage the reciprocal flow of foreign direct investment and participation of Japanese and American companies in the economy of both the United States and Japan, respectively. Applauds the friendship between Japan and the United States, as well as North Carolina. Expresses profound grief and condolences over the death of former Japanese Prime Minister Abe Shinzō, and condemns his killing as an attack on Japan's democracy and on its unparalleled friendship with the United States. Affirms the continuing friendship and cooperation between Japan and North Carolina and expresses optimism for deeper ties. Express to Congress the House's full support of the 70 year old alliance between the United States of America and Japan. Urges the United States Congress to recognize the strategic importance of the Indo-Pacific region to the economies of the United States and North Carolina and the necessity of a Free and Open Indo-Pacific to safeguard the sanctity of friendly trade and international law. Specifies methods by which the approved resolution should be delivered to the Clerk of the United States House of Representatives, Secretary of the United States Senate, President of the United States, members of the North Carolina Congressional Delegation, and Japan.
| Intro. by Reives, Bell, Penny, Cervania. | HOUSE RES |
Amends GS 90-143.4 (pertaining to certifications of competency for chiropractic clinical assistants) to allow for chiropractic clinical assistants who are graduates of or students enrolled in accredited chiropractic colleges and participating in a preceptorship program in this State to provide the following licensed services under the direct supervision of a licensed chiropractor: (1) chiropractic adjustment; (2) manual therapy and (3) nutritional instruction. (Currently chiropractic clinical assistants cannot provide these services.) Deletes reference to counseling from the statute as a type of licensed service the chiropractic clinical assistants are barred from performing. Defines direct supervision. Makes conforming changes to GS 90-147 (practicing without a license). Authorizes rulemaking to implement the new law by the Board of Chiropractic Commissioners. Effective October 1, 2023.
| Intro. by White, Sasser. | GS 90 |
Current law allows persons in a personal relationship to obtain a protective order on the grounds of domestic violence if certain types of injuries occurred. GS 50B-1 defines personal relationship as including persons who either live together or who have lived together or who are in a current or former dating relationship as “persons of the opposite sex.” The act amends GS 50B-1 to remove references to persons of the opposite sex from those instances so that the law would enable couples of any sex to obtain a protective order if all other grounds for the order were present.
| Intro. by Butler, Morey, Clemmons, Longest. | GS 50B |
Repeals Article 81A, Preemption of Regulation of Access to Multiple Occupancy Restrooms, of GS Chapter 143.
| Intro. by Butler, Morey, Longest, K. Brown. | GS 143 |
Identical to S 262, filed 3/9/23.
Appropriates $15 million for 2023-24 from the General Fund to the Office of State Budget and Management for a directed grant to Durham County for the construction of a new 36-bed juvenile detention facility and assessment center. Effective July 1, 2023.
Effective December 1, 2023, enacts Article 17A to GS Chapter 120 (pertaining to the General Assembly). Names the article the North Carolina Legislative Privacy Act (Act). States the Act’s purpose as improving the security and privacy of NCGA legislators. Clarifies that the Act is not intended to restrain a legislator from publicizing their own public information and that no government agency, business or other person has any obligation to protect the privacy of a legislator until receiving a request in writing from that legislator. Directs that the Act should not be construed to impair free access to legislative voting records or bills and other legislative instruments filed by legislators in the course of carrying out each legislator’s legislative function. Specifies that the Act and any rules adopted pursuant to the Act should be construed broadly to favor the protection of the personal information of legislators and members of their immediate family.
Defines personal information as a home address, home telephone number, mobile telephone number, pager number, personal email address, Social Security number, federal tax identification number, checking and savings account numbers, credit card numbers, and identity of children under the age of 18. Defines publicly post or publicly display as to publicly communicate to another or otherwise make available to the general public. Defines written request as written notice signed by a legislator or a representative of the legislator requesting a government agency, person, business, or association to refrain from posting or displaying publicly available content that includes the legislator's personal information.
Also defines government agency, home address, immediate family, legislator, and publicly available content.
Bars government agencies from publicly posting or displaying publicly available content that includes a legislator's personal information, provided that the government agency has received a written request from the legislator that it refrain from disclosing the legislator's personal information. After the written request is made, directs the removal of any personal information from publicly available content within five business days. Specifies that such information is also exempt from disclosure under State public records law unless it receives permission from the legislator to disclose the information. Permits a legislator to bring a lawsuit seeking injunctive or declaratory relief if a government agency fails to comply with the legislator’s request. Creates a good faith exception for government agency employees who, in good faith, publish personal information prohibited from being published in the ordinary course of carrying out their public functions, if the agency has otherwise complied with the Act.
Bars any person, business, or association from publicly posting or displaying on the internet publicly available content that includes a legislator's personal information so long as the legislator has made a written request to the person, business, or association that it refrain from disclosing the personal information. Also bars any person, business, or association from soliciting, selling, or trading on the Internet a legislator's personal information with the intent to pose an imminent and serious threat to the health and safety of the legislator or the legislator's immediate family. Clarifies that the bar on public disclosure by these private parties includes, but is not limited to, Internet phone directories, Internet search engines, Internet data aggregators, and Internet service providers. After the written request is made, directs the private parties to remove any personal information from the Internet within 72 hours and to refrain from publicly sharing or transferring any personal information. Authorizes a legislator to bring a lawsuit seeking declaratory or injunctive relief against the private party and to obtain costs and attorneys’ fees if the court grants the relief sought.
Sets forth specifications for submission of the written request, including the requirement that the legislator specify exactly what personal information they would like kept private. Specifies that the written request is valid until the legislator revokes the request or passes away.
Makes it a Class C felony for any person to knowingly and publicly post on the internet the personal information of a legislator or member of the legislator's immediate family if (1) the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the legislator or member of the legislator's immediate family and (2) the violation of the Act is a proximate cause of bodily injury or death of the legislator or a member of the legislator's immediate family.
Contains a severance clause.
The above applies to public information that is made public or continues to remain public on or after December 1, 2023.
Amends GS 143B-911 (pertaining to the State Capitol Police) to enact new subsection authorizing the General Assembly Special Police to conduct a security assessment of an NCGA member’s primary residence, district office, or both, upon the request of an NCGA member. Specifies that the jurisdiction of the General Assembly Special Police related to the power of arrest is not affected by the new subsection.
Effective July 1, 2023, appropriates $3.3 million dollars in nonrecurring funds for the 2023-24 fiscal year from the General Fund to the NCGA to be allocated to the General Assembly Special Police to be used at the request of a member of the NCGA to make security improvements to the member’s primary residence, district office, or both, in an amount not to exceed $15,000 per NCGA member.
Amends GS 20-166.2, duty of passenger to remain at the scene of an accident, as the title indicates. Applies to incidents occurring on or after December 1, 2023.
| Intro. by Miller. | GS 20 |
Amends the definition of “division needs project” of the Strategic Prioritization Funding Plan for Transportation Initiatives (Initiative) (GS 136-189.10) to also include local government funded independent bicycle and pedestrian improvements. (Currently, just federally funded improvements are covered.) Amends the bicycle and pedestrian limitation of the Initiative’s strategy fund (GS 136-189.1(d)(3)) so that local government funded bicycle and pedestrian improvements are authorized investments under the Initiative. (Currently not authorized except if it is federal funds administered as part of the Initiative.) Removes outdated language.
| Intro. by Butler, Belk, Cervania, Longest. | GS 136 |
The Daily Bulletin: 2023-03-13
AN ACT CREATING A CERTIFICATE OF NEED EXEMPTION FOR THE CONVERSION OF A FORMER STATE-OPERATED FACILITY UNDER THE JURISDICTION OF THE SECRETARY OF HEALTH AND HUMAN SERVICES INTO A PSYCHIATRIC HOSPITAL FOR CHILDREN AND ADOLESCENTS; AND REMOVING THE R.J. BLACKLEY ALCOHOL AND DRUG TREATMENT CENTER FROM THE FACILITY CLOSURE REQUIREMENTS OF G.S. 122C-181. SL 2023-3. Enacted March 10, 2023. Effective March 10, 2023.
| Intro. by Krawiec, Burgin, Corbin. | GS 122C |
Identical to H 346, filed 3/9/23.
Enacts a new Part 3, nonprofit holding corporations, to Article 645of GS Chapter 58 (pertaining to hospital service corporations). Sets forth definitions of affiliate, executive officer, subsidiary, and ultimate controlling person.
Defines reorganization as a transaction or series of transactions in which a nonprofit holding corporation is created by or on behalf of a hospital service corporation to hold, directly or indirectly, membership interests in the hospital service corporation and becomes the ultimate controlling person of the hospital service corporation.
Defines nonprofit holding corporation as a domestic corporation formed in connection with a reorganization and operating under GS Chapter 55A (the North Carolina Nonprofit Corporation Act [NCNCA]) that directly or indirectly holds all the membership interests in a hospital service corporation and is the ultimate controlling person of the hospital service corporation. Specifies that a nonprofit holding corporation is not (1) a "company," "insurance company," or "insurer," as those terms are defined in GS 58-1-5, or (2) a "hospital service corporation," as defined in GS 58-65-1.1.
Permits a hospital service corporation by action of its governing board to authorize a reorganization and propose corresponding amendments to its charter. Provides a procedure for submission of proposed amendments to the Commissioner of Insurance (Commissioner) for their approval within 30 days of receipt. Requires Commissioner to evaluate the amendments against the requirements of the newly enacted Part 3 to Article 46 of Chapter 58 and the requirements set forth in GS Chapter 55A (NCNCA) and to reject amendments that are not in compliance with those statutory requirements. Specifies that any other provision of Article 64 relating to charter amendments is not applicable here.
Enacts GS 58-65-177, pertaining to reorganization, as follows. Allows reorganization to include transfers, by dividend or otherwise, of property, assets, rights, liabilities, equity or ownership interests in subsidiaries or other owned business entities, and other interests between the hospital service corporation and the nonprofit holding corporation and any other subsidiaries of the nonprofit holding corporation, and other related transactions. Authorizes a hospital service corporation to have a nonprofit holding corporation as its ultimate controlling person. Clarifies that a reorganization is considered an internal restructuring that does not have the effect of changing or influencing the control of the hospital service corporation. States that a reorganization is not to be considered a change of control of the hospital service corporation and is not subject to the provisions of GS 58-19-15 (governing acquisition of or merger with domestic insurer). Incorporates definition of insurer as set forth in GS 58-19-5 to the subsection. Specifies that as part of a reorganization, a hospital service corporation may transfer, by dividend or otherwise, of property, assets, rights, liabilities, equity or ownership interests in subsidiaries or other owned business entities, and other interests between the hospital service corporation and the nonprofit holding corporation and any other subsidiaries of the nonprofit holding corporation, and other related transactions. Clarifies that compliance with GS 58-19-30 and the act are the only means of approval to permit a reorganization. Specifies that the provisions of GS 58-19-10(b)(investments of domestic insurers), GS 58-65-131 (pertaining to conversion plans for hospital service corporations), 58-65-132 (approval of conversion plans for hospital service corporations), and 58-65-133 (pertaining to creation and operation foundations for hospital service corporation) do not apply to a reorganization.
Prohibits a director, officer, or employee of the hospital service corporation from receiving any fee, commission, additional compensation, or other valuable consideration for aiding, promoting, or assisting in a reorganization, except for compensation paid in the ordinary course of business.
Enacts GS 58-65-181 (pertaining to operation of nonprofit holding corporation and subsidies). Specifies that a nonprofit holding corporation is not subject to the remainder of Article 65 or Article 66 (Hospital Service Corporation Readable Insurance Certificates Act) of GS Chapter 58. Specifies that after reorganization, a nonprofit holding company must remain a nonprofit corporation and the ultimate controlling person of the hospital service corporation. Specifies that these requirements do not apply if a plan of conversion of the hospital service corporation is approved under 58-65-131, GS 58-65-132, or GS 58-65-133 (all pertaining to conversion plans).
Clarifies that a nonprofit holding corporation and its direct or indirect subsidiaries that are not hospital service corporations or subsidiaries of hospital service corporations are not subject to GS 58-65-131, 58-65-132, or 58-65-133, and the actions of the nonprofit holding corporation and such subsidiaries will not constitute or require a conversion of the hospital service corporation under those sections or any other law of this State.
Specifies that no equity or ownership interest in the nonprofit holding corporation or any of its subsidiaries will be granted to any executive officer or any member of the governing board of the nonprofit holding corporation or the hospital service corporation.
Enacts GS 58-65-183 as follows. Specifies that a reorganization does not change: (1) the legal form of the hospital service corporation or (2) the hospital service corporation's license to do business in North Carolina. Requires that any subscribers' contracts and certificates issued by the hospital service corporation shall remain in full force and effect.
Specifies that the hospital service corporation shall continue to be subject to Articles 65 and 66 of GS Chapter 58 except for the following: (1) a reorganization will not constitute or require a conversion of the hospital service corporation pursuant to GS 58-65-131, 58-65-132, and 58-65-133 or any other law of this State; (2) a reorganization will not require the nonprofit holding corporation, hospital service corporation, or any affiliate of either to make any distribution or payment to any person or entity. Specifies that the subdivision does not apply to distributions or payments between a nonprofit holding corporation or hospital service corporation and any of its affiliates; (3) the hospital service corporation may make and pay direct or indirect dividends or distributions to the nonprofit holding corporation. Specifies that 58-19-10(b), 58-65-131, 58-65-132, and 58-65-133 don’t apply to such dividends or distributions, provided that such dividends or distributions comply with GS 55A-13-02 (authorized distributions of nonprofit corporation), GS 58-7-130 (dividends and distributions to stockholders), GS 58-19-25(d) (registration of insurers), and GS 58-19-30 (standards and management of an insurer within an insurance holding company); (4) if the hospital service corporation undertakes a conversion pursuant to GS 58-65-131, 58-65-132, and 58-65-133 at any time following a reorganization, then, for the purposes of that conversion, the references in GS 58-65-131, 58-65-132, and 58-65-133 to "fair market value of the corporation" or "value of the corporation" mean the fair market value of the nonprofit holding corporation.
| Intro. by Johnson, Craven, Proctor. | GS 58 |
Amends GS 58-50-130 (required health care provisions of the Small Employer Group Health Insurance Reform Act) to allow providing stop loss, catastrophic, or reinsurance coverage to small employers who employ more than five eligible (was, small employers with twenty or more employees.) Effective October 1, 2023, and applies to contracts issued, renewed, or amended on or after that date.
| Intro. by Johnson, Craven. | GS 58 |
Amends GS 20-7.3 to require that identification card, driver’s license, and learner’s permit applications (including renewal applications), whether in-person or remote, include a solicitation for the person to enroll in the national bone marrow donor registry operated by the National Marrow Donor Program (Program). Specifies form requirements. Requires the Division of Motor Vehicles (DMV) to electronically submit registerable data authorized by GS 20-43.2, as amended below (i.e., registrants’ first, middle, and last name; date of birth; address; sex; county of residence; and driver’s license number) to the Program and the Organ Donor Registry Internet site from the applicants who elect to enroll in the national bone marrow donor registry monthly. Requires the DMV to enter into a memorandum of understanding with the Program, with the data requirements set forth above. Makes conforming changes to the statute's title. Effective January 1, 2024, and applies to applications submitted on or after that date.
Amends GS 20-43.2 (pertaining to Internet access to organ donation records by organ procurement organizations) to enact a definition of organ meaning the human kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin or any subpart of an organ, including tissue, and any other human organ. Expands upon the data available on the Organ Donor Registry Internet site to also include an individual's telephone number and email address.
| Intro. by Adcock, Woodard, Krawiec. | GS 20 |
Amends GS 159-34 (pertaining to annual independent audits under the Local Government Budget and Fiscal Control Act [Act]) to enact four new subsections GS 159-34(e)-(h), effective January 1, 2024, to apply for audits for fiscal years ending on or after June 30, 2023. Requires the Secretary of the Local Government Commission (Secretary) to send a notice of noncompliance to counties or municipalities who did not comply with the Act’s audit requirements within 30 days following nine months after the county or municipality’s fiscal year’s end. Details notice content. Specifies that a county or municipality that fails to comply with the notice of noncompliance and to complete the annual required audit within 12 months of its fiscal year end is deemed to have given consent to the withholding of a portion of its sales tax distributions. Limits the total cumulative amount that may be withheld to an amount equal to 150% of the cost of the required annual audit as indicated in the audit contract between the county or municipality and its external auditor for the audit report, if such a contract has been executed, or 150% of the actual fee for the most recently filed audit report if a contract has not been executed for the current year audit.
Requires the Secretary of Revenue to withhold from the county or municipality's distribution under GS 105-486 (first 1/2 cent of local government sales and use taxes), and from the county or municipality's distribution under GS 105-501 (additional sales and use tax distributions) if necessary, the amount required to be withheld upon written notification to do so from the Secretary. Requires the notifications to be made on a quarterly basis and to include the total amount to be withheld. Specifies the amount to be withheld is 5% of one-twelfth of the county or municipality's annual general fund budget as it was adopted at the beginning of the fiscal year in which the withholding begins until the total cumulative withholding amount is reached. Requires the Secretary of Revenue to begin withholding from the county or municipality's first distribution of sales and use tax that is at least 45 days after they receive notification from the Secretary.
Provides for an appeal process by a county or municipality upon receipt of a notice of noncompliance. Authorizes the Local Government Commission (Commission) to establish guidelines for a successful appeal. Requires the Commission to delay withholding of any sales tax if the county or municipality appeals the notice before withholding occurs. If the county or municipality appeals after the Secretary takes action to withhold sales tax, the Secretary must notify the Secretary of Revenue to release any funds withheld if the Commission determines that the county or municipality has provided sufficient evidence that the failure to provide a copy of their annual audit report is due to circumstances within the guidelines established by the Commission. If a locality is in compliance or their appeal is successful, requires that the Secretary notify the Secretary of Revenue to release the funds with 30 days of the determination of compliance or after the completion of appeal. Requires the Department of Revenue to release the funds within 45 days of the earlier of the following (1) two years from the date of notification that the funds be withheld or (2) the date the Secretary of Revenue received notification that the locality was in compliance or the appeal was successful.
Requires the Commission to establish and make available the guidelines specified above. Permits the Commission to release the guidelines before January 1, 2024, but specifies that the guidelines do not take effect until then.
| Intro. by Barnes, Johnson. | GS 159 |
Identical to H 313, filed 3/8/23.
Amends SL 2021-180, Section 5.9(h), concerning the Transportation Infrastructure Resiliency Fund Grant Program (Program), as follows. Expands upon the entities that may apply for funding to also include metropolitan planning organizations, rural planning organizations, and councils of governments. Prohibits an individual grant from accounting for more than 10% of the available funds, or 20% of the total available funds for awards of regional significance, defined to mean a transportation project serving regional transportation needs, including access to and from specified regions. Amends the allowable uses of the Fund: (1) to include projects that update and prepare transportation infrastructure for rock slides; (2) require applicants for projects that update and prepare transportation infrastructure for storms, mudslides, rock slides, and flood events, to allow applicants to incorporate into the project design forward-looking data or modeling that incorporates future weather event occurrence and severity, additional elevation of the project above base-flood elevation or the required regulatory flood plain elevation, and whether the location of the project is in or adjacent to a floodplain; (3) to no longer allow funds to be used for risk assessment for critical transportation routes, building on existing and future reports; and (4) so that funds can be used as a part of a nonfederal match when incorporating flood resilience into federally funded transportation infrastructure projects.
Appropriates $5 million from the State Emergency Response and Disaster Relief Reserve to the Transportation Infrastructure Resiliency Fund, to be administered by the Department of Public Safety, Division of Emergency Management, for purposes consistent with Section 5.9(h) of SL 2021-180, as amended above. Makes the reporting requirements of SL 2021-180 applicable to these funds.
Effective July 1, 2023.
| Intro. by Corbin. | APPROP |
Includes whereas clauses related to aviation.
Enacts new GS 103-17 designating May as "Learn to Fly" month in NC.
| Intro. by Jarvis, Perry, Johnson. | GS 103 |
Appropriates $5.71 billion in non-recurring funds from the General Fund to the Department of Public Instruction (DPI) for the 2023-2024 fiscal year to be allocated to local school administrative units to make the following improvements:
(1) $1.31 billion allocated to make energy efficient improvements to school buildings, such as weatherizing doors/windows, insulating pipes, installing energy efficient lighting, upgrading HVAC systems, upgrading water systems, installing building management systems, upgrading plug load management systems, and upgrading electric water coolers;
(2) $2 billion allocated to install solar panels on school buildings and make necessary roof repairs related to solar panel installation; and
(3) $2.4 billion allocated to replace qualifying school buses (buses that are 10 years or older by model year and that run on motor fuel in whole or in part) with electric school buses assembled in North Carolina.
Effective July 1, 2023.
| Intro. by Meyer. | APPROP |
Narrows the definition of delinquent juvenile under GS 7B-1501 to exclude the following offenses committed by a person while less than 18 years of age but at least 16 years of age: (1) any offense constituting a Class A, B1, B2, or C felony, and any related offense based on the same act or transaction or a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony; (2) any firearm-related felony, as defined in GS 14-7.35, incorporates the definition of firearm set forth in GS 14-409.39 into the definition; and (3) all violations of the motor vehicle laws under GS Chapter 20. Makes organizational change. Amends GS 7B-2200.5 by making a conforming change to no longer transfer juveniles at least 16 years of age to superior court for Class A, B1, B2, or C felonies. Effective December 1, 2023 and applies to offenses committed on or after that date.
Enacts new GS 7B-2200.5(e) to authorize certain transfers to juvenile court as follows. Directs that, if the juvenile was 16 years of age or older at the time the juvenile allegedly committed a firearm-related felony (i.e., a felony committed by a person in which they used or displayed a firearm while committing the felony, as defined in G.S. 14-7.35), and in district court, then upon joint motion of the prosecutor and the juvenile's attorney, the district court must remand the case to juvenile court. Provides for procedures upon remand, including review by a prosecutor if a juvenile court counselor does not approve the filing of a juvenile court petition. Directs the district court to expunge the record in accordance with GS 15A-145.8 at the time of the remand. Authorizes the district court to issue an order for secure custody under GS 7B-1903 upon request of the prosecutor. Sets forth procedure for implementation of a secure custody order in juvenile court. Exempts juveniles charged with (1) firearm-related felonies if they are charged as Class D, E, F, G, H, or I felonies if committed by an adult or (2) a violation of the motor vehicle laws under GS Chapter 20 from remand under GS 7B-2200.5(e). Makes conforming changes to GS 15A-145.8 (expungement of records when charges are remanded to district court). Effective December 1, 2023, and applies to offenses committed on or after that date.
Amends GS 7B-3100 by expanding upon when information concerning any juvenile under investigation, alleged to be within the jurisdiction of the court, or receiving juvenile consultation services that would reveal the identity of that juvenile, can be disclosed to also include: (1) publication of pictures of runaways with the permission of a parent, guardian, custodian, or caretaker (was, limited to permission of the parents) and (2) publication of pictures, name, and identifying information of juveniles for suspect identification and apprehension when the juvenile is under investigation for commission of an offense that subjects a juvenile to transfer to superior court for prosecution under GS 7B-2200 or GS 7B-2200.5.
Amends GS 7B-2101 (pertaining to interrogation of a juvenile) to expand the scope of persons entitled to be present during an interrogation of a juvenile to include caretakers. Makes conforming changes.
Identical to H 25, filed 1/26/23.
Enacts new GS 105-153.11 to give eligible firefighters and rescue squad workers an income tax credit equal to the amount of business expenses related to the taxpayer's rescue work (defined as firefighting and rescue or emergency medical service) which the taxpayer is not reimbursed by the department or squad. Caps the credit at the lesser of $500 or the amount of the imposed tax reduced by the allowable credits, except payments made by or on behalf of the taxpayer. Effective for taxable years beginning on or after January 1, 2023.
| Intro. by Britt, Perry, Johnson. | GS 105 |
The Daily Bulletin: 2023-03-13
Repeals part IX of SL 2001-439 (authorizing occupancy tax for Town of Wilkesboro) effective July 1, 2023. Repeals sections 8 and 9 of SL 2010-78 (creating Wilkes County District K tax district). Authorizes the Wilkes County Board of Commissioners to levy a room occupancy tax of up to 6%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A-155 (uniform provisions for room occupancy taxes). Requires the Wilkes County Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the county and the remainder for tourism–related expenditures. Sets out requirements for membership of the TDA, with members appointed by the Wilkes County Board of Commissioners, Wilkesboro Town Council, North Wilkesboro Board of Commissioners, and the Ronda Board of Commissioners, with the specified business and travel and tourism affiliations. Authorizes the governing body of Wilkes County District K, the Wilkes County Board of Commissioners, the Wilkesboro Town Council, the North Wilkesboro Board of Commissioners, and the Ronda Board of Commissioners to adopt any resolutions or modify any adopted resolutions, as needed, to carry out the provisions of this act. Makes conforming changes to GS 153A-155 and GS 160A-215. Specifies that the act does not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended by this act before the effective date of its amendment, nor does it affect the right to any refund or credit of a tax that accrued under the amended statute before the effective date of its amendment.
The Daily Bulletin: 2023-03-13
Actions on Bills: 2023-03-13
H 76: ACCESS TO HEALTHCARE OPTIONS.
H 170: CONTINUING CARE RETIREMENT COMMUNITIES ACT.-AB
H 317: UNC OMNIBUS.
H 318: BUILDING CODE/EV CHARGING STATION.
H 319: VETERAN REGISTRATION PLATE MODIFICATIONS.
H 320: CREATE BLDG. CODE PERMIT TECH. CERT.
H 321: REDUCE MATERNAL MORBIDITY/MORTALITY/MEDICAID.
H 322: TRI-SHARE CHILD CARE PILOT FUNDS.
H 323: RETAIN ADULT DEVEL. VOC. REHAB. PROGRAMS. (NEW)
H 325: KERNERSVILLE ROAD EXTENSION STUDY.
H 326: NC TIME ZONE/OBSERVE DST ALL YEAR.
H 327: CLARIFY ANIMAL WELFARE STATUTES.
H 328: CENTRAL CAROLINA COMMUNITY COLLEGE FUNDS.
H 329: FUNDS FOR HISTORIC TOWERS AT GLENCOE VILLAGE.
H 330: SCHOOL ATHLETIC ELIGIBILITY APPEALS TO SI.
H 332: STREAMLINE COMM./MULTIFAM. BLDG. PLAN REVIEW.
H 333: RESTORE STATE EMP/TEACHER RETIREE MED BENEFIT.
H 335: NO PRIVILEGE TAX FOR CERTAIN PROFESSIONS.
H 336: HEALTHY STUDENTS - A NURSE IN EVERY SCHOOL.
H 337: 2023 APPROPRIATIONS ACT.
H 338: LIFETIME CONCEALED HANDGUN PERMIT.
H 339: SUPPORT MALE SURVIVORS OF DOMESTIC VIOLENCE.
H 340: MEDICAID CHILDREN & FAMILIES SPECIALTY PLAN.
H 341: TS FRED UNEXPENDED FUNDS/WILDFIRES.
H 342: EXTEND CHILD CARE COMPENSATION GRANTS.
H 343: INCREASE RATES/SET FLOOR/CHILD CARE SUBSIDY.
H 344: MENTAL HEALTH LIC. FAIR PRACTICE STDS. (NEW)
H 347: SPORTS WAGERING/HORSE RACING WAGERING. (NEW)
H 348: VANCE-GRANVILLE CC MANUFACTURING CENTER.
H 349: FIREFIGHTER PFAS MANAGEMENT/RESEARCH.
H 350: WESTERN CAROLINA UNIVERSITY ENGINEERING FUNDS.
H 351: FUNDS/EASTHAM CREEK DRAINAGE STUDY.
H 352: EXPRESSING JAPANESE FRIENDSHIP.
H 354: CHIROPRACTIC ASSISTANT MODIFICATIONS.
H 355: ENSURE SAME-SEX DOMESTIC VIOLENCE PROT. ORDER.
H 356: FULL REPEAL OF HB2.
H 357: FUNDS/DURHAM JUVENILE DETENTION CTR.
H 358: INCREASED SECURITY/PRIVACY FOR NC LEGISLATORS.
H 359: REQUIRE PASSEN. TO GIVE DRIV. INFO TO LAW ENF.
H 360: STI FUNDING/BICYCLE/PEDESTRIAN IMPROV.
S 58: PROTECT CRITICAL INFRASTRUCTURE.
S 95: EXPEDITE WATER/WASTEWATER FRANCHISE TRANSFER.
S 156: MEDICAID CHILDREN & FAMILIES SPECIALTY PLAN.
S 189: FENTANYL DRUG OFFENSES AND RELATED CHANGES. (NEW)
S 236: MODERNIZE AUDIOLOGY PRACTICE LAWS.
S 259: FUNDS FOR CHIN PAGE LIFT STATION.
S 260: FUNDS FOR TRIANGLE WASTEWATER PLANT.
S 261: FUNDS TO REPAIR ORPHAN ROADS IN DURHAM COUNTY.
S 262: FUNDS/DURHAM JUVENILE DETENTION CTR.
S 263: HEALTHY STUDENTS - A NURSE IN EVERY SCHOOL.
S 267: RESTRICT DETACHED CATALYTIC PURCHASES.
S 268: PAY FUNERAL DIR. FOR TRANSPORTING DEAD BODIES.
S 269: EXEMPT CERTAIN DOD CHILD CARE CTRS/LIC. REQS.
S 270: FUNDS FOR CORNELIUS INFRASTRUCTURE PROJECTS.
S 271: FUNDS FOR CORNELIUS HISTORY MUSEUM.
S 272: FUNDS FOR SMITHVILLE COMMUNITY COALITION.
S 273: UNC BOG/NO LOBBYISTS/SPOUSES.
S 274: SENIOR CARE OPTIONS. (NEW)
S 275: STREAMLINE COMM./MULTIFAM. BLDG. PLAN REVIEW.
S 277: DOL/ELEVATOR BUREAU INSPECTORS - FUNDS.
S 281: FUNDS FOR STEELE CREEK COMMUNITY PLACE.
S 282: VETERINARY MEDICAL BOARD INSPECTIONS.
S 284: FUNDS FOR STEELE CREEK VOLUNTEER FIRE DEPT.
S 288: INCREASE RATES/SET FLOOR/CHILD CARE SUBSIDY.
S 289: CREATE NEW PUBLIC DEFENDER DISTRICT 22A.
S 290: SHORT TERM RENTALS.
S 291: QRIS/STAR RATING SYSTEM REFORM.
S 292: EXTEND CHILD CARE COMPENSATION GRANTS.
S 293: TRI-SHARE CHILD CARE PILOT FUNDS.
S 294: REDUCE MATERNAL MORBIDITY/MORTALITY/MEDICAID.
S 295: STUDENT TAX REDUCTION (STAR) ACT.
S 296: REORGANIZATION & ECONOMIC DEVELOPMENT ACT.
S 297: INCREASE ACCESS FOR SMALL EMPLOYERS/INSURANCE.
S 298: DMV BONE MARROW DONOR SOLICITATION.
S 299: REIMBURSE LATE AUDIT COSTS WITH SALES TAX REV.
S 300: TRANSPORTATION RESILIENCY FUND MODS./DISASTER.
S 301: DESIGNATE MAY AS "LEARN TO FLY" MONTH.
S 302: GREEN SCHOOLS SAVE MONEY.
S 303: STRENGTHEN JUVENILE LAWS.
S 304: VOLUNTEER RESCUE WORKER TAX CREDIT.
Actions on Bills: 2023-03-13
H 88: OMNIBUS LOCAL ELECTIONS. (NEW)
H 324: DURHAM/MATTHEWS/ELECT. NOTICE PUBLIC HEARINGS. (NEW)
H 331: SE REGIONAL AIRPORT AUTHORITY/MEMBERS & SALES. (NEW)
H 334: ESTABLISH AT-LARGE SEAT/W-S CITY COUNCIL. (NEW)
H 353: WILKES COUNTY OCCUPANCY TAX.
S 264: DAVIDSON HISTORIC DIST. SUBDIVISION EXEMPTION.
S 265: INCREASE MUNICIPAL ELECTION PARTICIPATION ACT.
S 266: SCHOOL CALENDAR FLEXIBILITY/CHATHAM.
S 276: UNION COUNTY/USE WHEEL LOCKS.
S 278: SCHOOL CALENDAR FLEXIBILITY/DURHAM.
S 279: ALLOW DURHAM CO/PROVIDE EMPLOYEE HOUSING.
S 280: CENTRAL PARK SCHOOL ADMISSIONS PILOT PROGRAM.
S 283: FAIR TREATMENT FOR JOURNALISM/GUILFORD COUNTY.
S 285: REQ. CONSENT/EARLY VOTING/CHAR-MECK. SCHOOLS.
S 286: MAKE PAMLICO BD. OF ED. ELECT. PARTISAN.
S 287: SE REGIONAL AIRPORT AUTHORITY/MEMBERS & SALES.
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