The Daily Bulletin: 2023-03-21

Printer-friendly: Click to view

The Daily Bulletin: 2023-03-21

PUBLIC/HOUSE BILLS
H 40 (2023-2024) PREVENT RIOTING AND CIVIL DISORDER. Filed Feb 1 2023, AN ACT TO INCREASE THE PENALTIES FOR RIOTING OR INCITING RIOTING THAT CAUSES DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, OR DEATH AND ASSAULTING EMERGENCY PERSONNEL DURING A RIOT OR STATE OF EMERGENCY; TO ALLOW RECOVERY OF TREBLE DAMAGES FOR PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY RIOTING OR LOOTING; AND TO REQUIRE PRETRIAL RELEASE CONDITIONS FOR RIOTING AND LOOTING OFFENSES TO BE DETERMINED BY A JUDGE AND TO DIRECT THE DEPARTMENT OF JUSTICE TO DEVELOP MODEL LAW ENFORCEMENT AGENCY PROTEST RESPONSE AND ENGAGEMENT POLICIES.

AN ACT TO INCREASE THE PENALTIES FOR RIOTING OR INCITING RIOTING THAT CAUSES DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, OR DEATH AND ASSAULTING EMERGENCY PERSONNEL DURING A RIOT OR STATE OF EMERGENCY; TO ALLOW RECOVERY OF TREBLE DAMAGES FOR PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY RIOTING OR LOOTING; AND TO REQUIRE PRETRIAL RELEASE CONDITIONS FOR RIOTING AND LOOTING OFFENSES TO BE DETERMINED BY A JUDGE AND TO DIRECT THE DEPARTMENT OF JUSTICE TO DEVELOP MODEL LAW ENFORCEMENT AGENCY PROTEST RESPONSE AND ENGAGEMENT POLICIES. SL 2023-6. Enacted March 21, 2023. Effective December 1, 2023.

Intro. by Moore, Sauls, Miller, Willingham.GS 14, GS 15A
H 98 (2023-2024) RIGHT TO TRY INDIVIDUALIZED TREATMENTS. (NEW) Filed Feb 13 2023, AN ACT TO PROVIDE ELIGIBLE PATIENTS THE RIGHT TO TRY INDIVIDUALIZED INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES TO TREAT LIFE-THREATENING OR SEVERELY DEBILITATING ILLNESSES.

House committee substitute to the 1st edition makes the following changes. Amends the act's long title.

Amends new (1) GS 143-162.6, which prohibits State and local governments from denying or refusing employment, or discharging from employment, any person for refusing to submit to a COVID-19 vaccine or series of vaccines, or provide proof of a COVID-19 vaccine; (2) GS 130A-158.3 (prohibiting State and local public health agencies and public health officials from requiring any person, including applicants for employment and employees, to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19; (3) GS 153A-461 (prohibiting counties from requiring any person to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19); and (4) GS 160A-499.6 (prohibiting cities from requiring any person to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19) by adding the following exemption. Adds exemptions for: (1) any employee, vendor, volunteer, trainee, or student that is required by a facility certified by the Centers for Medicare and Medicaid Services to show proof of a COVID-19 vaccination, or to submit to a COVID-19 vaccination or COVID-19 series of vaccinations; (2) an employee employed by any entity that receives federal funding if complying with the statute would result in the loss of that funding; or (3) an employee employed by the Department of Health and Human Services in the Division of State Operated Healthcare Facilities if the Department requires the COVID-19 vaccination or series of vaccinations for that employee. Makes clarifying and conforming changes including changing the statutes' captions.

Deletes proposed new GS 115C-377.1 that prohibits governing bodies of public school units from (1) adopting policies regarding the use of face coverings and (2) quarantining healthy students. Deletes the conforming changes to GS 115C-12, GS 115C-47, GS 115C-218.75, GS 115C-238.66, and GS 116-239.8 that barred specified types of schools from implementing any health requirement prohibited by new GS 115C-377.1.

Amends GS 130A-152, which establishes immunization requirements for children in the state, by prohibiting the Commission for Public Health and public schools, community colleges and UNC constituent institutions (was, public colleges and universities) from requiring a student to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Makes conforming changes. Adds an exception for when vaccination or proof of vaccination is required for participation in a program of study, or fulfilling educational requirements for a program, that requires working, volunteering, or training in a facility certified by the Centers for Medicare and Medicaid Services.

Changes the act's effective date from when it become law to January 1, 2024.

Intro. by Biggs, Hardister, N. Jackson, Lambeth.GS 115C, GS 116, GS 130A, GS 143, GS 153A, GS 160A
H 142 (2023-2024) PROTECT OUR STUDENTS ACT-AB. (NEW) Filed Feb 16 2023, AN ACT TO MODIFY PENALTIES AND DEFINITIONS FOR CERTAIN SEX OFFENSES AGAINST STUDENTS, TO INCREASE THE PENALTIES FOR THE FAILURE OF SCHOOL ADMINISTRATORS TO REPORT CERTAIN MISCONDUCT TO THE STATE BOARD OF EDUCATION, TO REQUIRE PUBLIC SCHOOL UNITS TO SHOW STUDENTS IN GRADES SIX THROUGH TWELVE A VIDEO PRODUCED BY THE CENTER FOR SAFER SCHOOLS CONTAINING AGE-APPROPRIATE INFORMATION ABOUT SEXUAL ABUSE, AND TO DEFINE CONDUCT DIRECTLY RELATED TO THE OFFICE OR EMPLOYMENT AS IT PERTAINS TO THE FORFEITURE OF RETIREMENT BENEFITS, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION; TO CLARIFY THE REQUIREMENT FOR THE BUNCOMBE COUNTY BOARD OF EDUCATION TO ESTABLISH ITS ELECTORAL DISTRICTS; AND TO REQUIRE THE BUNCOMBE COUNTY BOARD OF EDUCATION AND ASHEVILLE CITY BOARD OF EDUCATION TO STUDY MERGING THE BUNCOMBE COUNTY SCHOOL ADMINISTRATIVE UNIT AND THE CITY OF ASHEVILLE SCHOOL ADMINISTRATIVE UNIT.

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

Deletes the changes to GS 128-38.4A (applicable to the retirement system for counties, cities, and towns) and GS 135-18.10A (applicable to the retirement system for teachers and state employees) that prohibited the Board of Trustees from paying retirement benefits or allowances to any member convicted of any felony if the offense is committed while the member is in service and the conduct resulting in the conviction mandates revocation of a certification or professional license required to maintain employment in the position held by the member when the offense was committed. Instead, amends GS 128-21 (setting out the definitions applicable to the retirement system for counties, cities, and towns) and GS 135-1 (setting out the definitions applicable to the retirement system for teachers and state employees) by adding and defining the term conduct directly related to the office or employment as member conduct resulting in a felony conviction that: (1) is an offense identified in GS 115C-270.35(b) (listing 23 offenses for which a professional educator's license is automatically revoked without the right to a hearing after entering a plea of guilty or nolo contendere or a conviction), and the commission of the offense occurred while the member was employed in a public school or working in a public school subject to a memorandum of understanding; (2) is an offense which required the revocation of the member's licensure or certification required for the member's employment or office at the time of the commission of the offense; (3) is conduct that was directly related to the member's employment or office as determined by the Board of Trustees. Effective July 1, 2023, and applies to offenses committed on or after that date. Makes conforming changes to the act's long title.

Intro. by Torbett, K. Baker, Johnson, Kidwell.GS 14, GS 115C, GS 128, GS 135
H 201 (2023-2024) RETIREMENT ADMIN CHANGES ACT OF 2023.-AB (NEW) Filed Feb 23 2023, AN ACT MAKING ADMINISTRATIVE AND CONFORMING CHANGES TO THE LAWS GOVERNING THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, LEGISLATIVE RETIREMENT SYSTEM, CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE DISABILITY INCOME PLAN, AND TO OTHER RELATED STATUTES, AS RECOMMENDED BY THE DEPARTMENT OF STATE TREASURER.

House committee substitute to the 1st edition makes the following changes. Amends the act's titles.

Part I

Amends GS 135-5(1) (pertaining to the death benefit plan for the Teachers’ and State Employees’ Retirement System [TSERS]), as follows. Provides that the assets of the North Carolina Teachers' and State Employees' Benefit Trust are dedicated to providing benefits to participants, beneficiaries (was, surviving spouses), and the members' estates in accordance with the Plan's benefit terms. Makes conforming changes. Amends GS 135-64(k) (death benefit under Consolidated Judicial Retirement Act [JRA] by removing references to paying death benefits to spouses.

Part II

Further amends GS 135-105(d) (TSERS short-term disability benefits) by specifying that the requirement that upon completion of the initial six months of the short-term disability period, the employer continues to be responsible for the short-term benefits to the participant, requiring notification when the period concludes or the benefits are terminated of the amount of short-term benefits and the State Health Insurance premiums paid by the employer and so that the Plan will reimburse the employer those amounts, applies to short-term disability benefits that began before July 1, 2019. Makes additional clarifying changes. Adds the requirement that the Board of Trustees adopt rules to implement the provisions of this Part.

Part III

Requires The Board of Trustees to adopt rules to implement the provisions of this Part. Removes the requirement in GS 135-105 that required the Department of State Treasurer (DST) to adopt implementing rules related to the extension of the short-term disability benefits of a beneficiary beyond the benefit period of 365 days for an additional period.

Part IV

Adds a new Part to the act as follows. Amends GS 135-105(g), as already amended by Section 3.5 of the act, which allows the Board of Trustees to extend the short-term disability benefits of a beneficiary beyond the benefit period of 365 days for an extended period of not more than 365 days if the Retirement Systems Division determines that the beneficiary's disability is temporary and likely to end within the extended period of short-term disability benefits. Adds that the extended period commences on the first day succeeding the conclusion of the first 365-day short-term disability period, if the beneficiary or participant makes an application for such benefit within 180 days after the short-term disability period ceases, after salary continuation payments cease, or after monthly payments for Workers' Compensation cease, whichever is later. Specifies that this extended period must be treated in the same manner as long-term disability payments in GS 135-106(b) (setting out the formula for calculating, after the commencement of benefits, the benefits payable during the first 36 months of the long-term disability period) for the purposes of GS 135-108. Requires the Board of Trustees to adopt rules to implement the provisions of this Part.

Part V (was, IV)

Makes a technical change.

Deletes former Part V, which amended GS 135-105(g) (pertaining to short-term disability benefits) to amend the starting date for a 365-day extension of short-term disability benefits by providing that the extension commences the first day succeeding the conclusion of the short-term disability period if the beneficiary or participant applies within 180 days after the later of when the short-term disability period ceases, after salary continuation payments cease, or after monthly payments for Workers' Compensation cease.

Deletes former Part VIII, which enacted new subsection GS 135-106(b1) pertaining to reducing the amount of the long-term disability benefit to which a participant or beneficiary is entitled while receiving workers' compensation benefits. 

Part VIII (was, Part IX).

Amends GS 128-31 by adding the following. Provides that in the case of an overpayment of benefits under GS Chapter 128 that the Board of Trustees determines was entirely due to administrative error on the part of the Retirement Systems Division, the Retirement Systems Division is deemed to satisfy its duty to pursue repayment of the overpayment if: (1) the Retirement Systems Division offsets any return of contributions, lump sum death benefit payment, retroactive benefit adjustment payment for periods before the determination of the overpayment, or other one-time payment accruing under this Chapter, by the full amount of the payment as computed after payment deductions, and applies the offset toward the overpayment; (2) the Retirement Systems Division offsets any recurring monthly benefit accruing under this Chapter for periods coincident with or following the determination of the overpayment, by not less than 25% of the monthly benefit as computed after payment deductions, and applies the offset toward the overpayment; (3) the wage offset is applied as required; and (4) the setoff debt provisions of GS Chapter 105A are applied as required.

Deletes the proposed subsection(e) to GS 135-9 (pertaining to recovery of funds overpaid to beneficiaries by the North Carolina Retirement Systems Division as fulfillment of its duties to recover overpayment of State funds within a reasonable amount of time) and instead adds the following. Provides that in the case of an overpayment of benefits under GS Chapter 135 that the Board of Trustees determines was entirely due to administrative error on the part of the Retirement Systems Division, the Retirement Systems Division is deemed to satisfy its duty to pursue repayment of the overpayment if: (1) the Retirement Systems Division offsets any return of contributions, lump sum death benefit payment, retroactive benefit adjustment payment for periods before the determination of the overpayment, or other one-time payment accruing under this Chapter, by the full amount of the payment as computed after payment deductions, and applies the offset toward the overpayment; (2) the Retirement Systems Division offsets any recurring monthly benefit accruing under this Chapter for periods coincident with or following the determination of the overpayment, by not less than 25% of the monthly benefit as computed after payment deductions, and applies the offset toward the overpayment; (3) the wage offset is applied as required; and (4) the setoff debt provisions of GS Chapter 105A are applied as required.

Part IX. 

Adds a severability clause.

Intro. by Carson Smith.GS 120, GS 128, GS 135
H 203 (2023-2024) DST TECHNICAL CORRECTIONS.-AB Filed Feb 23 2023, AN ACT MAKING TECHNICAL CORRECTIONS AND OTHER CONFORMING AND CLARIFYING CHANGES TO THE LAWS GOVERNING THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, AND TO OTHER RELATED STATUTES, AS RECOMMENDED BY THE DEPARTMENT OF STATE TREASURER.

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

Further amends GS 146-30 (pertaining to the application of net proceeds for State lands) by no longer specifying that the net proceeds derived from the sale of timber from land owned by the State in the Camp Butner reservation that is to be deposited in a capital improvement account to the credit of the Department of Public Safety must be deposited with the State Treasurer.

Repeals the following: (1) GS 143A-27 (transferring the North Carolina Firemen's Pension Fund to the Department of State Auditor); (2) GS 143A-27.1 (transferring the North Carolina Firemen's and Rescue Squad Workers' Pension Fund to the Department of State Auditor); and (3) GS 143A-29 (transferring the State Board of Pensions to the Department of State Auditor).

Intro. by Wheatley, Carson Smith.GS 128, GS 136, GS 143A, GS 146
H 205 (2023-2024) TRANSPARENT GOVERNANCE & INTEGRITY ACT.-AB Filed Feb 23 2023, AN ACT PROVIDING FOR GREATER TRANSPARENCY IN AND MAINTENANCE OF STATE AND LOCAL GOVERNMENT FINANCIAL MATTERS.

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

Deletes the changes to GS 115C-442 that barred appointment as a finance officer of a board of education if the person is unable to obtain a fidelity bond in the amended amount. 

Further amends GS 132-1, which defines public records of agencies of the State or its subdivisions, by adding a prohibition on agencies of North Carolina government or its subdivisions from entering into a non-disclosure agreement in order to restrict access to public records subject to disclosure under GS Chapter 132. Make public record the contract by which an agency of North Carolina government or its subdivisions agrees not to disclose information deemed confidential under the statutes, unless the existence of the contract is also deemed confidential under the statutes. Requires a non-disclosure agreement associated with one or more closed session meetings under Article 33C of GS Chapter 143 to be included in the minutes of each closed session meeting. Makes changes to GS 132-1 effective October 1, 2023, and applicable to any non-disclosure agreement entered into on or after that date.

Makes the changes to GS 147-13 effective October 1, 2023, instead of January 1, 2024.

Amends proposed GS 153A-54, requiring members of the governing board to participate in financial management education, by moving the specifications for the training into new GS 160A-89 and setting out those requirements as the following. Requires the program to be no less than six clock hours, and cover the laws and principles that govern local government fiscal and debt management, including GS Chapter 159 of the General Statutes. Encourages each member of the governing board to complete the financial management education. Requires each member of the governing board to complete the program if: (1) the Local Government Commission is exercising its authority and has assumed control of the financial affairs of the local government or (2) the local government is included on the most recently published Unit Assistance List issued by the Department of State Treasurer. Requires training completion within three months of any of these events. Sets out record keeping requirements. Exempts a governing board member who has completed financial management education within 24 months prior to the date the local government on whose governing board the member serves is included on the Unit Assistance List. Sets out entities that may provide the program. Defines member of the governing board to mean anyone elected or appointed to the governing board of a county, city, or consolidated city-county at any of the following times: (1) is in office on the date the Local Government Commission exercises its authority and assumes control of the financial affairs of the county, or takes office before the Local Government Commission relinquishes control of the financial affairs of the county or (2) is in office on the date the local government is included on the Unit Assistance List, or takes office within 12 months of that date.

Enacts new GS 160A-155.1 requiring any person to whom the council delegates its authority to administer the city to receive at least six clock hours of financial management education upon, or within six months of: (1) the Local Government Commission is exercising its authority under Article 10 (Assistance for Defaulting Units in Refinancing Debt) or 11 (Enforcement of Chapter) of GS Chapter 159 with respect to the city, (2) the city has received a letter from the Local Government Commission due to a deficiency in complying with GS Chapter 159 of the General Statutes, (3) the city has an internal control material weakness or significant deficiency in the most recently completed financial audit, or (4) the city is included on the most recently published Unit Assistance List issued by the Department of State Treasurer. Requires the training to incorporate fiscal management and the requirements of GS Chapter 159 of the General Statutes. Sets out entities that may provide the training. Sets out record keeping requirements. Makes conforming changes to GS 153A-82, GS 159-25, and GS 160A-148.

Enacts GS 159-183 prohibiting the Local Government Commission from disclosing any personally identifiable information, as defined, of any person reporting improper governmental activity. 

Deletes proposed GS 159-6.1 concerning whistleblower protections.

Amends GS 159-20 by making organizational and clarifying changes.

Deletes proposed changes to GS 159-34 concerning failure of a local government to submit an annual audit.

Amends proposed GS 159-38.1 by adding that the appropriation to the fund balance reserve account must not exceed 5% of the total of all other appropriations for the same fund for which the fund balance reserve account has been established. 

Revises the scope of GS 159B-39, which authorizes uses of revenue from electric power rates, to now make the statute applicable to a joint agency (was, cities and towns that are members of a municipal power agency).

Amends GS 159-12 as follows. Requires the budget officer to submit to the governing board a budget message, to be filed in the office of the board's clerk. Requires the budget message to include a general description of the proposed budget, all proposed tax rates and the change in those rates from the prior budget ordinance, all proposed fees and the changes in those fees from the prior adopted fees, and other synopsis information the budget officer deems important. Requires the governing board, before adopting the budget ordinance, to hold at least two public hearings with at least one providing the public with detailed revenue information, including at least the specified information for the prior two fiscal years. Provides that if the proposed budget ordinance raises (1) the tax rate from the previous fiscal year's budget ordinance or (2) the rates charged by a public enterprise fund or proposes a transfer of any amount from the general fund to the public enterprise fund, then the governing board must notify the property owner/public enterprise fund user in writing by mail at least 10 days before the public hearing. Requires the notice to include: (1) the date, time, and location of the public hearing; (2) the contact information of the governing board; and (3) an explanation of how to access a copy of the proposed budget ordinance. Requires any unit of local government with a population of less than 2,000 persons to hold only one public hearing on the proposed budget ordinance. Requires when the Commission has exercised its authority under GS 159-181(c) or (d), for the Commission to hold at least one public hearing, but it may waive any additional public hearings. Effective July 1, 2024, and applies to budgets adopted on or after that date.

Intro. by Penny, Winslow.GS 115C, GS 132, GS 143, GS 147, GS 153A, GS 159, GS 159B, GS 160A
H 250 (2023-2024) PUBLIC SAFETY/OTHER CHANGES. (NEW) Filed Mar 1 2023, AN ACT TO MAKE REVISIONS PERTAINING TO DEATH INVESTIGATIONS UNDER THE JURISDICTION OF THE OFFICE OF THE CHIEF MEDICAL EXAMINER, TO MODIFY CERTAIN LAWS RELATED TO LIMITED DRIVING PRIVILEGES AND RESTORATION OF A LICENSE AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS, TO MODIFY SECTION 5 OF SESSION LAW 2023-151 RELATED TO THE LICENSE PLATE READER PILOT PROGRAM, TO MODIFY THE RURAL ELECTRIFICATION AUTHORITY AND CERTAIN FEES, TO ALLOW SCHOOL BOARDS TO USE EMINENT DOMAIN FOR EASEMENTS, TO ADD TIANEPTINE TO THE CONTROLLED SUBSTANCE SCHEDULES, TO EXEMPT LEASES OF PROPERTY BY THE HALIFAX-NORTHAMPTON REGIONAL AIRPORT AUTHORITY FROM GENERAL LAWS REGARDING DISPOSAL OF PROPERTY AND TO ALLOW THE AUTHORITY TO ENTER INTO CERTAIN LEASES FOR A TERM OF UP TO FORTY YEARS, AND TO REMOVE THE VETERANS BURIAL RESIDENCY REQUIREMENT.

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

Amends GS 90-96.2, expanding the limited immunity granted under the good Samaritan law for overdose victims and individuals that seek medical assistance for overdose victims, to now grant immunity from prosecution for felony possession of less than one gram of any controlled substance in violation of GS 90-95(a)(3) (current law narrows the scope of immunity to felony possession of less than one gram of cocaine or less than one gram of heroin). Maintains conditions that must be met for limited immunity to apply under subsection (b).

Amends GS 130A-389 to mandate an autopsy be conducted in any case where the district attorney or the investigating law enforcement agency asserts to the Chief Medical Examiner or the county medical examiner that probable cause exists that a violation of GS 14-18.4, defining the offense of death by distribution, has occurred.

Makes conforming changes to the act's titles.

Intro. by Arp, K. Baker, Wray, Carson Smith.GS 14, GS 90, GS 130A
H 278 (2023-2024) THE RAKIM SHACKLEFORD EMBALMING FLUID ACT. Filed Mar 6 2023, AN ACT TO CREATE THE OFFENSE OF CRIMINAL POSSESSION AND UNLAWFUL SALE OF EMBALMING FLUID AND TO MAKE OTHER TECHNICAL REVISIONS.

House committee substitute to the 1st edition makes the following changes. Makes organizational change to GS 90-210.20. Amends GS 90-113.107(b) (criminal possession of embalming fluid) to exempt licensed taxidermists engaging in wildlife taxidermy and the sale, distribution, or delivery of embalming fluid to licensed taxidermists engaging in wildlife taxidermy from prosecution under the offense. 

Intro. by Fontenot, Cotham, Winslow.GS 90
H 282 (2023-2024) TRADE SCHOOLS STUDY. Filed Mar 6 2023, AN ACT TO COMPILE INFORMATION REGARDING THE TRADES WORKFORCE AND FUTURE TRAINING.

House committee substitute to the 1st edition makes organizational change by moving reporting requirement on education and experience requirements for licensure of enumerated occupations. Makes additional clarifying changes.

Intro. by Winslow, Arp, Hardister, Zenger.STUDY
H 287 (2023-2024) HEALTH CARE OMNIBUS. (NEW) Filed Mar 7 2023, AN ACT REQUIRING HEALTH CARE PRACTITIONERS AND PHARMACISTS TO EDUCATE PATIENTS WITH PRESCRIPTIONS FOR OPIOID PAIN MEDICATIONS AND MEDICATIONS TO TREAT OPIOID USE DISORDER ABOUT THE POTENTIAL DANGERS OF OPIOIDS, OVERDOSE PREVENTION, AND THE AVAILABILITY AND USE OF OPIOID ANTAGONISTS TO PREVENT OVERDOSE DEATHS; CLARIFYING MEDICAID BENEFITS FOR INMATES; ALLOWING RECIPROCAL LICENSING FOR MARRIAGE AND FAMILY THERAPISTS; REDUCING THE UNNECESSARY REGULATORY BURDEN ON MASTER'S LEVEL PSYCHOLOGISTS; INCREASING ACCESS TO QUALITY MENTAL HEALTH CARE SERVICES; ELIMINATING CERTIFICATE OF NEED REVIEW FOR INPATIENT REHABILITATION SERVICES, REHABILITATION FACILITIES, AND REHABILITATION BEDS; INCREASING THE NUMBER OF EDUCATION HOURS REQUIRED FOR LICENSURE AS A MASSAGE THERAPIST; AND ENCOURAGING THE USE OF TRIBAL HEALTH FACILITIES BY STATE RESIDENTS SEEKING MENTAL HEALTH TREATMENT.

House committee substitute to the 1st edition makes the following changes.  Exempts practitioners providing hospice services to a hospice patient from GS 90-12.8 (setting forth requirements pertaining to opioid antagonist education). 

Intro. by Sasser, K. Baker, White, Potts.GS 90
H 323 (2023-2024) RETAIN ADULT DEVEL. VOC. REHAB. PROGRAMS. (NEW) Filed Mar 9 2023, AN ACT TO RETAIN ADULT DEVELOPMENTAL AND VOCATIONAL PROGRAMS AND COMMUNITY REHABILITATION PROGRAMS.

House committee substitute to the 1st edition amends the act's whereas clauses to refer to Adult Developmental and Vocational Programs rather than Adult Day Vocational Programs. Makes conforming changes to the act's titles.

Intro. by White, K. Baker, Crawford.UNCODIFIED
H 411 (2023-2024) GENERAL ASSEMBLY APPOINTMENTS. Filed Mar 16 2023, AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE AND TO MAKE CORRECTIONS TO PREVIOUS APPOINTMENTS.

House committee substitute to the 1st edition makes the following changes. Amends SL 2022-42, Part I, concerning appointments made by the Speaker of the House, to correct the home county of the appointee to the African American Heritage Commission.

Intro. by D. Hall.UNCODIFIED
H 420 (2023-2024) EXPAND &AMP CONSOLIDATE K-12 SCHOLARSHIPS. Filed Mar 21 2023, AN ACT TO EXPAND ELIGIBILITY FOR PERSONAL EDUCATION STUDENT ACCOUNTS AND TO CONSOLIDATE PERSONAL EDUCATION STUDENT ACCOUNTS AND OPPORTUNITY SCHOLARSHIPS AFTER TWO YEARS.

Part I

Currently, Personal Education Student Accounts (PESA) for Children with Disabilities are funds provided by the State to children with disabilities to use for a variety of educational expenses, including tuition at a private school, speech therapy, and tutoring services.  The act would expand PESA eligibility to include any student eligible to attend school in North Carolina who has not been enrolled in a post-secondary school as a full-time student (i.e., taking at least 12 hours of credit), and who has not been placed in a nonpublic school by a public agency at public expense. As discussed in detail below, it would provide for two types of scholarships: one that is available to all students and another for students with disabilities.

The following changes are applicable to applications for the award of scholarship funds for the 2024-2025 school year, effective July 1, 2023.

Amends title of GS 115C-590 to refer to PESA, instead of PESA for Children with Disabilities.  Enacts the following definitions: child with a disability and eligible institution of higher education. Makes conforming changes to definitions of educational technology and eligible student to remove limitation that these terms only apply to a child with a disability. Makes organizational changes.  Amends GS 115C-592 (pertaining to awards of scholarship funds for PESA’s not limited to children with disabilities) to require that the funds be used for qualifying educational expenses (1) to attend a nonpublic school and (2) to enroll in courses at an eligible institution of higher education prior to obtaining a high school diploma. (Currently, funds are used to attend a nonpublic school.) Sets award amounts as follows: (1) for eligible students who attend home schools, up to 28% of the average State per pupil funding allocation for average daily membership set in the prior fiscal year and (2) for eligible students who attend all other nonpublic schools, up to 33% of the average State per pupil funding allocation for average daily membership set in the prior fiscal year for students who attend full-time and 17% for students who attend part-time. Deletes provision requiring reversion of certain unused funds to the State Education Assistance Authority (Authority).

Amends GS 115C-592(b1) to create separate funding structure for students with disabilities. Moves the flat rate awards per school year ($9,000 for full-time students and $4,500 for part-time students) to that section.  Makes conforming changes to GS 115C-592(b1)(2) (pertaining to higher award of PESA funds for students with certain disabilities). Amends the carry forward provisions to require unused PESA funds that are not awarded to students with disabilities to be returned to the Authority at the end of the school year. Makes conforming changes. Clarifies that scholarship grants for students to attend nonpublic schools for low income students set forth in Article 39, Part 2A of GS Chapter 115C are available to PESA recipients who are children with disabilities, in addition to a PESA award.

Amends GS 115C-593 to set forth initial and continuing eligibility for a child with a disability. Moves the eligibility determination set forth in GS 115C-592(e) to GS 115C-593 so that the determination of initial eligibility is as follows. Continues to require assessment through a local education agency who determines that the child is a child with a disability and verifies that information on eligibility form provided by the Authority. Makes technical and conforming changes.

Expands the terms of the parental agreement pertaining to use of PESA funds (GS 115C-595) as follows. Adds the following permitted uses of the funds to the agreement:

· Tuition and fees at an eligible institution of higher education for courses taken prior to obtaining a high school diploma.

· Textbooks required by an eligible institution of higher education for  courses taken prior to obtaining a high school diploma.

·Consumable educational supplies, including paper, pens, and markers.

· Uniforms purchased from or through a GS 115C-562.5 compliant school (schools who have not agreed to comply with the statutory requirements pertaining to nonpublic schools accepting eligible students receiving scholarship grants).

Provides that educational therapies may only be used for children with disabilities.  Removes requirements that funds used for student transportation only be used to transport to and from educational services or activities. And, allows for transportation funds to be used for public transportation, transportation network company services, and taxicab services.

Provides that only parents of children with disabilities may use PESA funds to pay tuition to certain nonpublic schools that are not GS 115C-562.5 schools. Makes conforming changes to the agreement provisions pertaining to limitations on use of funds.

Deletes reference to the method the Authority uses to disburse PESA funds based on whether the nonpublic school is a GS 115C-562.5 compliant school. Makes conforming changes to provide for distributions to institutions of higher education. Clarifies that certain reimbursement of tuition for certain types of schools where the tuition is paid directly by the child’s parents is only available for children with disabilities. 

Amends the administrative provisions pertaining to PESA’s (GS 115C-597) as follows. Changes the amount of administration costs that the Authority is permitted to retain from the lesser of 4% of the funds appropriated or $2 million to the lesser of 2.5% of the funds appropriated or $10 million. Establishes that the Authority must use the lesser of 1% of the funds appropriated or $5 million each fiscal year to contract with a third party for outreach, including promotions through scholarship application processes, guidance on scholarship grant applications, one-on-one parent and family engagement, and scholarship education and awareness. Requires that the Authority contract with the Parents for Educational Freedom in North Carolina, Inc. to provide these services. 

Amends the funding provisions for PESA’s (GS 115C-600) as follows. Changes the NCGA’s finding from the need to provide opportunities for school choice to children with disabilities to all children. Makes conforming changes. Increases appropriation amounts for the following fiscal years as follows:

· Fiscal Year 2024-2025: from $49,943,166 million to $326,239,959 million.

· Fiscal Year 2025-2026: from $50,943,166 million to $708,659,393 million.

· Fiscal Year 2026-2027: from $51,943,166 million to $1,307,881,817 billion.

· Fiscal Year 2027-2028: from $52,943,166 million to $1,536,178,159 billion.

· Fiscal Year 2028-2029: from $53,943,166 million to $1,537,178,159 billion.

· Fiscal Year 2029-2030: from $54,943,166 million to $1,538,178,159 billion.

· Fiscal Year 2030-2031: from $55,943,166 million to $1,539,178,159 billion.

·  Fiscal Year 2031-2032: from $56,943,166 million to $1,540,178,159 billion.

·  Fiscal Year 2032-2033 and each subsequent fiscal year thereafter:  from $57,943,166 million to $1,541,178,159 billion.

Effective July 1, 2025, amends GS 115C-592(b) by increasing the amount of PESA awards available to any student from up to 33% of the average State per pupil funding allocation set in the prior fiscal year to 66% for full-time students or up 33% percent for part-time students (from 17%). 

Part II

Effective July 1, 2025, repeals GS 115C-562.1(5e) and GS 115C-562.8, concerning the Opportunity Scholarship Grant Fund Reserve. Prohibits including the amount appropriated in GS 115C-562.8(b) in the base budget for the 2026-2027 fiscal year. No later than November 1, 2026, all funds in the Opportunity Scholarship Grant Fund Reserve revert to the General Fund.

Effective July 1, 2026, repeals the Opportunity Scholarship Program as set forth in Article 39, Part 2A, of GS 115C (scholarship funds for low-income students to put toward attendance at certain nonpublic schools).

Effective July 1, 2025, amends Article 41 of GS Chapter 115C (pertaining to PESA’s), as amended by the act, as follows. Enacts definition compliant school. Removes reference to the Opportunity Scholarship Program in definition of eligible student. Deletes definition of GS 115C-562.5 compliant school.

Amends GS 115C-592 as follows. Increases the amount of PESA scholarship awards available to any student under GS 115C-592(b) from up to 66% of the average State per pupil funding allocation set in the prior fiscal year for full-time students to up to 100%. And for part-time students, from up to 33% of the average State per pupil funding allocation set in the prior fiscal year to up to 50%. Removes references to the Opportunity Scholarship Program. Clarifies that a student with a disability may also receive an award under GS 115C-592(b) in addition to the award set forth in GS 115C-592(b1). 

Amends GS 115C-595 (parental agreement for use of funds) to remove references to the Opportunity Scholarship Program. Enacts the provisions of GS 115C-562.5 (requirements of nonpublic schools accepting student recipients of the Opportunity Scholarship Program) in new GS 115C-596.5 with clarifying changes.

Amends GS 115C-597 (PESA administration) to require the Authority to adopt a rule regarding the early admission of four-year-old children that establishes the same factors for eligibility as the rule adopted by the State Board of Education (Board) under GS 115C-364(d) (admission to kindergarten for children who are four years old).

Applies to applications for the award of scholarship funds for the 2026-2027 school year

Effective July 1, 2025, for timely applications for the award of scholarship funds for the 2026-2027 school year, requires the Authority to give second priority to eligible students awarded Opportunity Scholarship Program grants.

Part III

Repeals Section 7.15(b) of SL 2007-323 (requiring the Board to reduce the allotments for a public school unit if the higher of the first or second month average daily membership in a local school administrative unit is at least 2% or 100 students lower than the anticipated average daily membership used for allotments for the unit, subject to certain requirements.)

 

 

Intro. by Loftis, Willis, Bradford.GS 115C
H 421 (2023-2024) MEDICAID COVERAGE FOR DOULA SERVICES. Filed Mar 21 2023, AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONDUCT A STATEWIDE ANALYSIS OF DOULA SUPPORT SERVICES, TO TAKE CERTAIN ACTIONS TO PROMOTE THE AVAILABILITY OF DOULA SUPPORT SERVICES, AND TO PROVIDE COVERAGE FOR DOULA SERVICES UNDER THE NORTH CAROLINA MEDICAID PROGRAM STATE PLAN.

Part I.

Directs the Department of Health and Human Services (DHHS) to conduct a statewide analysis of doula support services, including the availability of doula and doula services, the demographic and training background diversity of doula service providers, the standards for attestation, training and certification of doulas, and the practical options for health benefit plans to include coverage for or incentivize the use of doula support services as part of value-based payments, enhanced reimbursements, or as value-added services. Requires DHHS to convene focus groups with individuals performing doula support services across the State. Directs DHHS to report to the specified NCGA committee by November 1, 2026.

Directs the DHHS, Division of Public Health (DPH) to take the following actions upon DHHS's submission of its report regarding doula support services: (1) partner with doula training programs and childbirth education organizations to help set standards for the attestation, training, and certification of doulas in NC; (2) develop doula service coverage and reimbursement options and strategies for commercial insurers offering health benefit plans in the State to consider; (3) develop bill standards for the provision of doula services; and (4) create a statewide directory of doula support service providers, including services offered.

Part II.

Directs DHHS, Division of Health Benefits (DHB) to submit a State Plan amendment to the Centers for Medicare and Medicaid Services (CMS) adding coverage under the NC Medicaid State Plan for antepartum, intrapartum, and postpartum services provided to a pregnant recipient by a doula, including services for labor and delivery support and at least four visits during the antenatal period and seven visits during the postpartum period. Requires the coverage to begin July 1, 2024.

Appropriates $500,000 from the General Fund to DHB for 2023-24 to make necessary changes to the NCTracks Medicaid Management Information System to add the new coverage for doula services and to enroll new providers for that coverage. Effective July 1, 2023.

Directs DHB to study seven specified components related to the coverage of doula services, including the way other states have implemented similar coverage or plan to implement similar coverage. Directs DHB to report to the specified NCGA committee chairs and division by March 1, 2024, on the study, and include a copy of required the State Plan amendment and the proposed reimbursement methodology to be used for the new coverage.

Part III.

States legislative intent to appropriate necessary funding to support DHHS to provide support and resources for the act's implementation.

Intro. by Hawkins, von Haefen.APPROP, STUDY
H 422 (2023-2024) UNFAIR REAL ESTATE AGREEMENTS ACT. Filed Mar 21 2023, AN ACT TO PROHIBIT UNFAIR REAL ESTATE SERVICE AGREEMENTS FOR RESIDENTIAL REAL ESTATE.

Enacts new Article 7, Prohibition of Unfair Real Estate Service Agreements, in GS Chapter 93A, providing as follows. Sets out the Article's purpose and sets out and defines terms used in the Article. Defines Real Estate Service Agreement as a written contract between an Agent, Service Provider, Person, and the owner of Residential Real Estate or a potential buyer of Residential Real Estate to provide services, current or future, in connection with the maintenance, purchase, or sale of Residential Real Estate. Defines residential real estate as real property in the State used primarily for personal, family, or household purposes, by an owner, tenant, or any other party. 

Makes a Real Estate Service Agreement unfair if it is effective and binding for more than one year from the effective date of the Real Estate Service Agreement and has any of the following characteristics: (1) the Real Estate Service Agreement purports to run with the land or is binding on future owners of Residential Real Estate identified in the Real Estate Service Agreement; (2) the Real Estate Service Agreement expressly allows for assignment of the right to provide those services without notice or consent of the owner or buyer; or (3) the Real Estate Service Agreement purports to create a lien, encumbrance, or other real property security interest. Sets out eight types of agreements that are excluded from the Article.

Makes an agreement that is in violation of these provisions an Unfair Real Estate Service Agreement and void and unenforceable. Specifies that an Agent, Service Provider, or Person has no right to a refund of the consideration paid to the owner or buyer in connection with the Unfair Real Estate Service Agreement.

Makes the recording of any Unfair Real Estate Service Agreement, or notice or memorandum thereof, that is in violation of this Article also a violation of GS 14-118.6(a) (making it a Class I felony to present for filing or recording in a public record or a private record generally available to the public a false lien or encumbrance against the real or personal property of an owner or beneficial interest holder, knowing or having reason to know that the lien or encumbrance is false or contains a materially false, fictitious, or fraudulent statement or representation). Specifies that a violation of the Article is an unfair or deceptive trade practice. Allows a party whose real property is encumbered by an Unfair Real Estate Service Agreement to bring a cause of action against the Agent, Service Provider, or Person and to be entitled to the relief available in GS Chapter 75 (Monopolies, Trusts and Consumer Protection). Provides that any recoveries available under GS Chapter 75 will not be offset by the consideration paid by an Agent, Service Provider, or Person to the owner or buyer in connection with the Unfair Real Estate Service Agreement. Gives the Attorney General enforcement power. 

Prohibits an Unfair Real Estate Service Agreement, or notice or memorandum thereof, from operating as a lien, encumbrance, or security interest. Prohibits requiring an owner or buyer from recording any document voiding an Unfair Real Estate Service Agreement, or notice or memorandum thereof, recorded in violation of these provisions. Allows but does not require the register of deeds to refuse to accept an Unfair Real Estate Service Agreement, or notice or memorandum thereof, for recordation. Specifies that recordation does not provide actual or constructive notice to any party interested in the Residential Real Estate identified in the Unfair Real Estate Service Agreement.

Allows a party with an interest in the real estate under which an Unfair Real Estate Service Agreement, or notice or memorandum thereof, is recorded in this State, to recover damages, costs, and attorneys' fees. Specifies that actual damages, costs, and attorneys' fees that are proved against the Agent, Service Provider, or Person will not be offset by the consideration paid by the Agent, Service Provider, or Person to the owner or buyer of the Unfair Real Estate Service Agreement.

Makes conforming changes to GS 6-18.

Intro. by K. Hall, Miller, Blackwell, Alston.GS 6, GS 93A
H 423 (2023-2024) FUNDS FOR LOST COLONY AMPHITHEATER. Filed Mar 21 2023, AN ACT TO APPROPRIATE FUNDS TO UPDATE AND RENOVATE THE PROPERTIES AND FACILITIES OF THE AMPHITHEATER WHICH HOUSES THE LOST COLONY.

Appropriates $5 million from the General Fund to the Department of Natural and Cultural Resources for a directed grant to the Roanoke Island Historical Association, Incorporated, to update and renovate the properties and facilities of Roanoke Island's Waterside Theatre, which houses "The Lost Colony." Effective July 1, 2023.

Intro. by Kidwell.APPROP, Dare
H 424 (2023-2024) PRIVATE PARKING IMMOBILIZATION. Filed Mar 21 2023, AN ACT TO PROTECT THE PRIVATE PROPERTY OWNER'S PARKING ENFORCEMENT RIGHTS THROUGH THE USE OF IMMOBILIZATION DEVICES.

Enacts new GS 20-219.2A making it illegal for any person other than the owner or lessee of a privately owned or leased parking space to park a motor vehicle in such private parking space without the express permission of the owner or lessee of such space if the private parking lot is clearly designated as private by the required signage and, if individually owned or leased, the parking lot or spaces within the lot are clearly marked by signs setting forth the name of each individual lessee or owner. Allows the illegally parked vehicle to be immobilized upon the written request of the parking space owner or lessee, and the registered owner of such motor vehicle will be liable for removal of the immobilization device. Specifies that who immobilizes the vehicle is not liable for damages for the installation or removal of the immobilization device to the owner, lienholder, or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle while installing or removing the immobilization device may be liable for damages. Specifies that these provisions do not apply until 72 hours after the required signs are posted. Violations are an infraction penalized by no more than $100 in the discretion of the court. Makes it a Class 1 misdemeanor for a person to remove or attempt to remove an immobilization device without authorization from the person or company that installed the device, and by doing so damages the device to cause its loss. Requires the statute to be interpreted to preempt the authority of any county or municipality to enact ordinances regulating immobilization devices on vehicles in private lots. Applies to offenses committed on or after December 1, 2023.

Intro. by Pickett.GS 20
H 425 (2023-2024) STOP COUNTERFEIT PILLS ACT. Filed Mar 21 2023, AN ACT AMENDING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT TO ESTABLISH NEW VIOLATIONS INVOLVING COUNTERFEIT CONTROLLED SUBSTANCES AND ESTABLISHING AND REVISING PENALTIES FOR CERTAIN VIOLATIONS.

Substantively identical to S 206, filed 3/6/23.

Amends GS 90-108, making it a Class D felony to either possess, or manufacture, distribute, export, or import, any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, or material which may be used to manufacture a controlled substances or listed chemical, knowing, intending, or having reasonable cause to believe that it will be used to manufacture a controlled substance. Applies to offenses committed on or after December 1, 2023.

Intro. by Blackwell, Sasser, Greene, Miller.GS 90
H 426 (2023-2024) VARIOUS ENVIRONMENTAL AMENDMENTS. (NEW) Filed Mar 21 2023, AN ACT TO DIRECT THE COASTAL RESOURCES COMMISSION TO IMPLEMENT A RULE DESIGNATING JOCKEY'S RIDGE STATE PARK AS AN AREA OF ENVIRONMENTAL CONCERN UNTIL PERMANENT RULES ARE ADOPTED; TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE APPLICABILITY OF STATUTORY BUILT-UPON AREA REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT BUILT-UPON AREA.

Requires the Environmental Management Commission and Department of Environmental Quality, no later than 180 days after the effective date of this act, to reopen and modify the Aquaculture Permit (the National Pollutant Discharge Elimination System (NPDES) General Permit NCG530000 for discharges from seafood packing and rinsing, aquatic animal operations, and similarly designated wastewaters that took effect on December 1, 2021) as follows. Requires modifying the Aquaculture Permit so that it is substantively identical to the Prior Aquaculture Permit, defined as the NPDES General Permit NCG530000 for discharges from seafood packing and rinsing, aquatic animal operations, and similarly designated wastewaters that expired on March 30, 2021, and was subsequently replaced by the Aquaculture Permit. Defines substantively identical to include, at least, that species monitoring, discharge characteristic provisions, and best management practice requirements are no more stringent than and impose no requirements in addition to those in the Prior Aquaculture Permit. Expires when the Commission revises the Aquaculture Permit and notifies the Revisor of Statutes that it has done so.

Intro. by Gillespie, Clampitt, D. Hall, Pless.UNCODIFIED
H 427 (2023-2024) HONOR WOMEN VETERANS PLATE/WOMEN VETERANS DAY. (NEW) Filed Mar 21 2023, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO PRODUCE AN HONOR WOMEN VETERANS SPECIAL REGISTRATION PLATE AND TO ADOPT THE TWELFTH DAY OF JUNE OF EACH YEAR AS WOMEN VETERANS DAY IN NORTH CAROLINA.

Amends GS 20-79.4, as the title indicates.

Authorizes the Revisor of Statutes to alphabetize, number, and renumber the special registration plates in GS 20-79.4(b) to ensure that all the special registration plates are listed in alphabetical order and numbered accordingly.

Effective July 1, 2023.

Intro. by Majeed, Logan, Cunningham, Goodwin.GS 20
H 428 (2023-2024) VOLUNTEER FIREFIGHTERS PROPERTY TAX EXCLUSION. Filed Mar 21 2023, AN ACT TO EXPAND PROPERTY TAX HOMESTEAD EXCLUSION RELIEF TO VOLUNTEER FIREFIGHTERS.

Amends GS 105-277.1C (pertaining to the homestead exclusion for disabled veterans) to expand that exclusion to volunteer firefighters. Defines hold harmless amount, total hold harmless amount, and volunteer firefighter. Amends definition of qualifying owner to include a volunteer firefighter or their surviving spouse who did not remarry. Sets forth procedures for reimbursement, including an annual September 1 deadline for the county tax collector to notify the Secretary of Revenue (Secretary) of its total hold harmless amount and an annual December 31 deadline for the Secretary to reimburse counties their respective hold harmless amounts. Sets forth procedures for reimbursement by counties to cities of funds attributable to that city and process for reimbursement to other units of local government or special districts. Bars counties that do not notify the Secretary of the hold harmless amount by September 1 from receiving reimbursement. Directs that reimbursement and administrative costs for the Department of Revenue will be drawn from collections of individual income taxes. Makes conforming changes to statute and title. Effective for taxes imposed for taxable years beginning on or after July 1, 2023.

Intro. by Jeffers.GS 105
H 429 (2023-2024) MAKE STREET TAKEOVERS UNLAWFUL. Filed Mar 21 2023, AN ACT TO MAKE STREET TAKEOVERS UNLAWFUL.

Enacts new GS 20-141.10 making it unlawful for any person to operate a motor vehicle in a street takeover. Defines street takeover to mean the taking over of a portion of highway, street, or public vehicular area by blocking or impeding the regular flow of traffic with a motor vehicle to perform a motor vehicle stunt, contest, or exhibition. Also defines the following terms: burnout, doughnut, drifting, present, spectator, stunt, and wheelie. Specifies that persons who knowingly violate GS 20-141.10 are guilty of a class A1 misdemeanor and must pay a fine of not less than $1,000. A subsequent violation of subsection within a 24-month period is a Class H felony including a minimum fine equal to twice the value of the vehicle involved in the offense but no less than $1,000. Specifies that a person who knowingly participates in, coordinates through social media or otherwise, or facilitates a street takeover is guilty of a Class A1 misdemeanor. Further specifies that a person who is knowingly present as a spectator of a motor vehicle operated as part of a street takeover is guilty of a Class 3 misdemeanor, except that a second violation within a period of 24 months is a Class 2 misdemeanor, and any subsequent violation within a period of 24 months is a Class 1 misdemeanor. Specifies that a person who knowingly operates a vehicle as part of a street takeover and who assaults a law enforcement officer or who knowingly and willfully threatens a law enforcement officer is guilty a Class H felony. Allows motor vehicles involved in street takeovers to be seized under the procedures set forth in GS 20-141.3(g) (allowing seizure of vehicles involved in unlawful street racing). Makes conforming changes to GS 20-141.3(g).

Effective May 1, 2023, and applies to offenses committed on or after that date.

Intro. by Logan, Greene, Willingham.GS 20
H 430 (2023-2024) GOVERNOR'S BUDGET. Filed Mar 21 2023, AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS.

Due to the fact that Governor Cooper's proposed budget was released on March 15, 2023, and has been available to the public in advance of the filing of H 430, we will not be including a summary of the bill version of his budget. For the content of the bill, please follow the link to the bill on the General Assembly's site above. Further information on the Governor's proposed budget can also be found on the Office of State Budget and Management's website at: https://www.osbm.nc.gov/budget/governors-budget-recommendations.

Intro. by Lambeth, Saine, Arp.APPROP
H 431 (2023-2024) NEW ARCHITECT RECRUITMENT ACT. Filed Mar 21 2023, AN ACT TO AUTHORIZE THE NORTH CAROLINA BOARD OF ARCHITECTURE AND REGISTERED INTERIOR DESIGNERS TO EXPEND FUNDS TO CONDUCT EDUCATIONAL COURSES FOR LICENSED ARCHITECTS, REGISTERED INTERIOR DESIGNERS, AND INDIVIDUALS INTERESTED IN ARCHITECTURE.

Amends GS 83A-3 to allow the NC Board of Architecture (Board) to use its funds to establish, conduct, contract, or arrange for instructional programs for licensed architects. Authorizes the Board to (1) conduct, sponsor, or arrange for the education programs and (2) partner with community colleges, public or private institutions of higher learning, boards of education, or governing bodies of industrial centers for the planning, scheduling, or arranging of courses, instruction, extension courses, or in assisting in obtaining these courses of study or programs. Allows the Board to adopt implementing rules. Effective October 1, 2023. 

Intro. by Winslow, Arp.GS 83A
H 432 (2023-2024) PRINCIPAL LICENSURE CHANGES. Filed Mar 21 2023, AN ACT TO UPDATE PRINCIPAL LICENSURE REQUIREMENTS AND TO DEVELOP A PORTFOLIO-BASED ASSESSMENT, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC INSTRUCTION.

Part I

Amends GS 115C-270.5 (pertaining to the State Board of Education (Board) establishment of licensure requirements) to grant the Board entire control over licensing of school administrator positions, in addition to professional educator positions. Amends the licensure requirements pertaining to administrators and student services personnel (GS 115C-270.2) to set forth requirements and application requirements for administrator licenses and provisional assistant principal licenses (“provisional AP license”) as follows. Sets forth the following requirements for administrator licenses: (1) submission of a complete application to the Board; (2) payment of the applicable fee; (3) a Bachelor’s degree from an accredited college or university; (4) complete an accredited school administrator preparation program listed in GS 115C-284(c2) as amended by the act (discussed below) or approved by the Board; (5) at least four years of experience as a licensed professional educator and certain graduate degrees; (6) submission of a portfolio to the Board for approval. Bars the Board from issuing a provisional license for principals. Permits the Board to issue a one-year provisional AP license to an employee of a local board only if (1) the local board determines there is a demonstrated need for administrators and the employee enrolls in an approved school administration program leading to a master’s degree in school administration or educational leadership before the provisional license expires; or (2) the employee is enrolled in an approved master’s program in school administration and participates in the required internship under the master’s program. Permits extension of the provisional license for no longer than two years while the employee is completing the program.

Requires the Board to adopt rules for the renewal and extension of all licenses and to determine and to fix the salary for each grade and type of license which it authorizes. Requires the Board to include continuing education in high-quality, integrated digital teaching and learning as a requirement of licensure renewal.

Amends GS 115C-284 as follows. Deletes the requirements pertaining to: (1) certification as a school administrator set forth in GS 115C-284(b1); (2) the Board’s control of certifying all applicants for supervisory and professional positions in all secondary schools in the State set forth in subsection(c); (3) outdated language set forth in subsection (c1). Amends the school administrator internship requirement from a yearlong internship to 1,000 hours in duration. Makes technical and conforming changes. Removes outdated language. Requires the Board to issue rules to determine whether or not applicants who completed a school administrator program outside the State meet or exceed the requirements to hold a State license. Removes language requiring applicants to hold a master’s degree in education administration. 

Makes conforming changes to GS 115C-238.68 (pertaining to regional school employees), GS 115C-278.1 (method of employment of principals, assistant principals, supervisors, and directors), and GS 116-239.10 (laboratory schools) to refer to GS 115C-270.20 as amended by the act.

Applies to applications for licensure submitted on or after July 1, 2025.

Part II

Directs the Professional Educator Preparation and Standards Commission (PEPSC), in consultation with the Department of Public Instruction (DPI) and the North Carolina Principal Fellows Commission, to develop a portfolio-based assessment system for use in applications for administrator licensure. Requires PEPSC to present recommendations to the Board for approval by June 15, 2024.

Part III

Requires DPI, in consultation with PEPSC, to study ways to improve school administrator licensure and preparation processes to ensure that all school administrators in the State are prepared to lead schools that provide high-quality instruction to all students. Requires DPI to recommended changes to the licensure and preparation processes based on the study and to submit the results and recommendations to the specified NCGA committee by February 15, 2024.

Intro. by Willis, Blackwell, Cotham, Torbett.STUDY, GS 115C, GS 116
H 433 (2023-2024) HAND HYGIENE PILOT PROGRAM. Filed Mar 21 2023, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC HEALTH, FOR THE ESTABLISHMENT AND ADMINISTRATION OF A HEALTHCARE-ASSOCIATED INFECTION PREVENTION PILOT PROGRAM.

Appropriates the sum of $2 million from the General Fund to the Department of Health and Human Services, Division of Public Health (DHHS) in nonrecurring funds for the 2024-2024 fiscal year to establish and oversee a two-year long healthcare-associated infection prevention pilot program in at least two general acute hospitals licensed to operate more than 200 beds as program sites. Specifies that the program’s purpose is to: (1) increase hand hygiene compliance among healthcare workers before and after patient contact and (2) reduce the number of healthcare-associated infections, with the intent to establish best practices that can be modeled statewide. Sets forth four requirements for the pilot program sites. Specifies that the funds allocated do not revert at the end of the 2023-2024 fiscal year but remain available until expended or until the pilot program concludes, whichever is earlier. Requires DHHS to submit a progress report by December 31, 2023, and every six months after until June 30, 2025, on the status and operation of the pilot program to the specified NCGA committee. Requires that the final report include recommendations for best practices for hand hygiene among healthcare workers and reducing the number of healthcare associated infections. Effective July 1, 2023.

Intro. by Lambeth, Reeder, Faircloth, White.APPROP, STUDY

The Daily Bulletin: 2023-03-21

PUBLIC/SENATE BILLS
S 51 (2023-2024) KAYLA'S ACT: PROTECTING DOM. VIOLENCE VICTIMS. Filed Feb 1 2023, AN ACT TO MODIFY LAWS PERTAINING TO DOMESTIC VIOLENCE, TO BE KNOWN AS KAYLA'S ACT: PROTECTING VICTIMS OF DOMESTIC VIOLENCE.

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

Amends new GS 15A-1225.4, which allows a domestic violence victim witness (victim witness) in a criminal proceeding who has been found competent to testify under oath or affirmation, other than in an open forum, if certain criteria are met. More specifically requires the court to hold a separate evidentiary hearing on a date prior to the proceeding at which the remote testimony is proposed to be allowed to determine whether to allow remote testimony (previously, the statute did not require the evidentiary hearing to be held prior to the proceeding). Adds new requirements for the court to ensure that (1) the physical location where the victim witness testifies has been mutually agreed upon by the defendant and the State, or approved by the court, and (2) the defendant and the State are allowed at least two representatives approved by the court, other than the prosecutor and defense counsel, at the remote testifying location. 

Deletes proposed new GS 50B-10, which required all district court trials and proceedings held under GS Chapter 50B (Domestic Violence) to be recorded in a way that memorializes the audio and visual participation of each part to the trial or proceeding.

Intro. by Britt, Craven, Barnes.GS 7A, GS 8C, GS 15, GS 15A
S 83 (2023-2024) NO HIGH-RISK APPS/GOVERNMENT NETWORKS & DEVICES. (NEW) Filed Feb 8 2023, AN ACT REGARDING THE USE OF HIGH RISK PLATFORMS ON GOVERNMENT NETWORKS AND GOVERNMENT DEVICES.

Senate amendment to the 3rd edition makes a technical change in GS 143-805(d).

Intro. by Moffitt, Perry, Hanig.GS 14, GS 143
S 187 (2023-2024) TEACHER LICENSURE CHANGES (NEW). Filed Mar 1 2023, AN ACT TO MAKE CHANGES TO TEACHER LICENSURE REQUIREMENTS.

Senate amendment to the 2nd edition amends the act's short title.

Intro. by McInnis, Johnson, Barnes.GS 115C
S 206 CONTROL SUB./OPIOID/VACCINE/AT HOME OMNIBUS. (NEW) Filed Mar 6 2023, AN ACT TO AMEND THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT TO ESTABLISH NEW VIOLATIONS INVOLVING COUNTERFEIT CONTROLLED SUBSTANCES AND CONTROLLED SUBSTANCES; TO EXPAND THE STATE'S DEFINITION OF OPIOID ANTAGONIST TO INCLUDE ALL OPIOID ANTAGONISTS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF A DRUG OVERDOSE; AND TO ALLOW THE USE OF ALL SUCH FEDERAL FOOD AND DRUG-APPROVED OPIOID ANTAGONISTS IN NEEDLE AND HYPODERMIC SYRINGE EXCHANGE PROGRAMS; TO CONTINUE TO AUTHORIZE PHARMACISTS, PHARMACY INTERNS, AND PHARMACY TECHNICIANS TO ADMINISTER VACCINATIONS AND IMMUNIZATIONS IN RESPONSE TO THE EXPIRING PUBLIC READINESS AND PREPAREDNESS ACT; AND TO CONTINUE THE ACUTE HOSPITAL CARE AT HOME PROGRAM.

Senate committee substitute to the 2nd edition makes the following changes. Expands the scope of prohibited acts under GS 90-108(12) of the State Controlled Substances Act as follows. Adds new subsection 90-108(12)(a), making it illegal for any person to possess, manufacture, distribute, export, or import any three-neck  round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to create a counterfeit controlled substance, knowing, intending, or having reasonable cause to believe that it will be used to create a counterfeit controlled substance. Amends the provision of GS 90-108(12) pertaining to the prohibitions on making, distributing, or possessing materials that reproduce identifying marks upon a a drug, or container, or their labeling to require that the person did so under the following mental states: knowingly, intentionally, or having reasonable cause to believe that the materials will be used to create a counterfeit controlled substance. (No mental state in GS 90-108(12) in prior version of act.) Makes organizational changes. Makes changes to the act’s long title. Makes intentional violations of GS 90-108(12a) or (12b) a Class E felony. (Was, Class D felony.) 

Intro. by McInnis.GS 90
S 338 (2023-2024) EQUAL PAY ACT. Filed Mar 21 2023, AN ACT TO PROHIBIT DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF THE GENDER OF THE EMPLOYEE.

Refers to the act as the "North Carolina Equal Pay Act."

Enacts new GS 95-25.6A (Discrimination in payment of wages on the basis of gender of employee prohibited). Defines comparable work and working conditions.

Prohibits discrimination on the basis of gender in the payment of salary or wages, including benefits, or payment of salary or wage rates less than the rates paid to employees of a different gender for comparable work. Provides that variations in salary and wages are not prohibited if the variations are based on six listed things, including seniority, merit, and geographic location. Provides that an employer in violation of this statute may not reduce the pay of any employee to comply with this statute.

Prohibits employers from (1) requiring employees to refrain from inquiring about, discussing, or disclosing wages; (2) screening job applicants based on their wage histories; (3) seeking the salary history of prospective employees from current or former employers; or (4) discharging employees for opposing acts made unlawful by this statute, complaining or causing a proceeding under this statute, testifying or otherwise participating in an investigation or proceeding under this statute, or disclosing wage information.

Provides that employers violating this statute are liable to affected employees in the amount of the employees' unpaid salary or wages, including benefits and reasonable attorneys fees at the court's discretion. Provides a three-year statute of limitations for actions arising from a violation, and includes each separate wage payment in violation of this statute as a violation for purposes of the statute of limitations.

Requires employers to post notice in their workplaces of employees' rights under this statute.

Effective January 1, 2024.

Intro. by Marcus, Salvador, Garrett.GS 95
S 339 (2023-2024) MODIFY LMTD DRIVING PRIVILEGE/CRIMINAL LAWS. Filed Mar 21 2023, AN ACT TO MODIFY STATUTORY PROVISIONS AFFECTING LIMITED DRIVING PRIVILEGES AND TO PROHIBIT THE IMPERSONATION OF TAXICAB DRIVERS.

Amends the effective date for SL 2015-186, as amended (the North Carolina Drivers License Restoration Act [Act]), to allow application of the Act to offenses committed before the effective date of December 1, 2015.

Amends GS 14-401.27 (making it a criminal offense to impersonate a transportation network driver) to include impersonating a taxicab drivers. Makes conforming changes. Effective December 1, 2023.

Amends GS 20-20.1(j) (pertaining to the term and reinstatement of limited driving privileges for certain offenses) to permit a term of a limited driving privilege to be extended until the date set by the Division of Motor Vehicles (Division) to determine whether or not the person meets the conditions for reinstatement. Applies to limited driving privileges issued on or after December 1, 2023.

Amends GS 20-28.1 (pertaining to conviction of a moving offense committed while driving during period of suspension or revocation of license) as follows. Specifies that a violation of GS 20-313 (pertaining to when operation of motor vehicle without financial responsibility, i.e., motor vehicle insurance, is a misdemeanor) is considered a “motor vehicle moving offense” for purposes of this statute. Amends the periods of revocation as follows: (1) for a first offense, there is no additional period of revocation if (i) the offense which resulted in the underlying revocation has been resolved or (ii) the person is complying with a payment plan ordered by the court to satisfy any outstanding penalty, fine, or costs related to the offense which resulted in the underlying revocation; (2) for a second offense, the additional period of revocation is one year; (3) for a third and subsequent offense the additional period of revocation is two years, except that if the person committed the offense while the person's driving privilege was revoked or suspended for impaired driving, the revocation is permanent. (Currently revocation for a first offense is one year, for a second offense is two years, and a third offense is permanent.) Amends the requirements for reapplication of a revoked license to require that an applicant must furnish proof satisfactory to the Division that the person is maintaining financial responsibility as required by the Motor Vehicle Safety and Responsibility Act of 1953 (GS 20-279.21). Specifies that any person whose license was reissued and who fails to maintain financial responsibility (i.e., car insurance), commits a misdemeanor under GS 20-313 and driving while license is revoked (GS 20-28(a4)). Effective December 1, 2023, and applies to convictions entered before, on, or after that date.

Intro. by Britt, Lazzara, Mohammed.GS 14, GS 20
S 340 (2023-2024) EXPAND PROB. OFFICER/SHERIFF AUTHORITY. Filed Mar 21 2023, AN ACT TO ALLOW DISTRICT ATTORNEYS TO FILE PROBATION MODIFICATION PETITIONS, TO ALLOW PROBATION OFFICERS TO REDUCE A TERM OF SUPERVISED PROBATION IN CERTAIN INSTANCES, AND TO EXEMPT SHERIFF'S OFFICES FROM CERTAIN STATE CONTRACTING REQUIREMENTS WHEN CONTRACTING FOR FOOD AND FOOD SERVICES AT DETENTION FACILITIES.

Enacts new subsection GS 15A-1344(b2) (pertaining to alteration and revocation for violation of probation) that allows a District Attorney of the prosecutorial district where the probation was imposed to file a petition to reduce, terminate, extend, modify, or revoke probation in the district court district or superior court district or set of districts, as the case may be, where probation was imposed, based on a violation of a condition of probation.

Amends GS 7A-451(a) to require indigent persons to receive service of counsel in hearings for extension of probation. 

Enacts new GS 15A-1344.2 (pertaining to delegation of authority to reduce a term of supervised probation) as follows. Permits the court to delegate, by written order filed with the clerk of superior court, the court’s authority to reduce a term of supervised probation when a probation officer finds that an offender is (1) is currently in compliance with the terms of the offender's probation and (2) has made diligent progress regarding the offender's probation, in any instances where the court may reduce a term of supervised probation. Allows the delegation of the court's authority to be revoked by the court at any time by a written order filed with the clerk of superior court as soon as practicable following the revocation. Specifies notice requirements if the delegation is revoked. Specifies that any order must require that no term of supervision be reduced unless all restitution ordered as part of the sentence has been paid in full.  

Directs that proof of any one or more of the following three things, demonstrated to the satisfaction of the probation officer, constitutes diligent progress: (1) the successful completion of a validated drug or mental health treatment program, evidenced-based program, or any other vocational or life skills program; (2) the successful completion of at least six months of active enrollment in an education program in which the offender is seeking a trade certification, high school diploma, General Educational Development (GED) degree, associate degree, bachelor's degree, or graduate degree; or (3) the successful completion of at least six months of employment, demonstrated by proof of wages.

Provides that a reduction of a term of supervision does not become effective until all of the following occur: (1) the probation officer files a written affidavit with the clerk of superior court seeking a final order of the court confirming the probation officer's decision to reduce the offender's term; (2) notification is given to the district attorney and the victim and, if requested by either the district attorney or the victim, a hearing and an opportunity to be heard is granted; and (3) the court approves the reduction.

Specifies that a probation officer may not reduce an offender's term of supervised probation pursuant to this statute by more than one-fourth the amount of time the offender was originally required to serve on supervised probation. If a probation officer reduces an offender's term of supervised probation pursuant to this section on more than one occasion, the total reduction of the offender's term of supervised probation may not exceed one-fourth the amount of time the offender was originally required to serve on supervised probation.

Effective December 1, 2023, and applies to delegations of court authority entered on or after that date.

Amends GS 143-131.1 (exemption certain county sheriff’s offices from the requirements of state public contract law) to  exempt all county sheriff’s offices from the procedures related to the procedure of letting of public contracts and bidding requirements of GS 143-131(a) when purchasing food and supplies for county detention facilities. (Currently, only Alamance, Anson, Beaufort, Caswell, Catawba, Cherokee, Chowan, Cleveland, Craven, Cumberland, Currituck, Dare, Davidson, Duplin, Gaston, Granville, Guilford, Haywood, Henderson, Iredell, Jones, Lincoln, Madison, Onslow, Orange, Pamlico, Pasquotank, Randolph, Rockingham, Sampson, Stanly, Transylvania, Wake, Washington, and Yancey county sheriff’s offices are exempted).

Intro. by Britt, Lazzara, Mohammed.GS 7A, GS 15A, GS 143
S 341 (2023-2024) SAFETY AND EMISSION INSPECTION MODIFICATIONS. Filed Mar 21 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE SAFETY AND EMISSION INSPECTION LAWS.

Amends GS 20-183.4C as follows. Deletes provisions requiring safety and emissions inspections of new vehicles delivered to purchasers at retail and provisions relating to inspections performed by authorized motor vehicle dealers in the State. Removes reference to emissions inspections. Requires motor vehicles that are at least three years older than the current model year to have a safety inspection every other year and motor vehicles that are at least ten years older than the current model year to be inspected during 2024 and then every other year. Only requires used vehicles sold by a dealer, vehicles acquired by a resident of the State from outside the State, vehicles owned by new State residents transferring registration to North Carolina, and vehicles sold in the State to be inspected if the vehicle is three years old or more. Only requires unregistered vehicles to be registered with the state within ten days of a passing inspection when an inspection is required. 

Enacts new GS 20-183.4E, pertaining to when a vehicle must be inspected for emissions as follows. Requires any vehicles that are subject to an emissions inspection be inspected within 180 days of registration and once per year. Permits the Division of Motor Vehicles (DMV) to issue a temporary exemption for any vehicle it determines to be principally garaged in the State and primarily operated outside a county subject to emissions inspections requirements or outside of the State. Effective July 1, 2024.

Amends GS 20-183.2 (pertaining to the ten prongs of requirements for emissions inspections) by deleting the third prong of the requirements, and instead requiring emission inspections if the vehicle is a model year within 20 years of the current model year and earlier than the 2017 model year. (Currently, third prong is the vehicle must be within 20 years of the current year and older than the three most recent model years or a vehicle with a model year within 20 years of the current year and has 70,000 miles or more on its odometer.) Amends GS 143-215.107A to only require motor vehicle emissions inspections to be performed in Mecklenburg County. (Currently, Alamance, Buncombe, Cabarrus, Cumberland, Davidson, Durham, Forsyth, Franklin, Gaston, Guilford, Iredell, Johnston, Lincoln, Mecklenburg, New Hanover, Randolph, Rowan, Union, and Wake Counties.) Effective the later of July 1, 2024, or the first day of a month that is 60 days after the Secretary of DEQ certifies to the Revisor of Statutes that the EPA has approved an amendment to the North Carolina State Implementation Plan submitted as detailed above. Provides for procedures for the Secretary to notify the public and others of the effective date of the act. 

Requires the Department of Environmental Quality (DEQ), by December 31, 2023, to prepare and submit to the United States Environmental Protection Agency (EPA) for approval by that agency a proposed North Carolina State Implementation Plan amendment based on the change to the motor vehicle emissions testing program provided in the act.

S 342 (2023-2024) ATV AND UTV TITLING/MOD. UTV REVISIONS. Filed Mar 21 2023, AN ACT AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO ISSUE A CERTIFICATE OF TITLE FOR ALL-TERRAIN VEHICLES AND UTILITY VEHICLES AND EXPANDING THE STREETS OR HIGHWAYS ON WHICH A MODIFIED UTILITY VEHICLE MAY BE LEGALLY OPERATED.

Enacts GS 20-53.6 (authorizing titling of all-terrain vehicles [ATV’s] and utility vehicles), permitting any owner of an ATV, utility vehicle, or modified utility vehicle to apply to the Division of Motor Vehicles (DMV) for a certificate of title by completing a form designated by the DMV and paying a titling fee established under GS 20-85. Sets forth requirements for titling application.

Amends GS 20-54 (pertaining to the DMV’s authority to refuse registration or titling a vehicle) to permit the DMV to issue a certificate of title (but not registration) for ATV’s or utility vehicles.

Deletes provisions of GS 20-121.1 (pertaining to operation of low-speed vehicles, mini-trucks, or modified utility vehicles on certain highways) that prohibited modified utility vehicles from being operated on streets or highways with four or more travel lanes unless the posted speed limit is 35 mph or less.

Effective October 1, 2023, and applies to registrations  or certificates of title issued on or after that date.  

Intro. by Jarvis, Sawyer, Lazzara.GS 20
S 343 (2023-2024) PROTECT THE CHILDREN IN PRIVATE SCHOOLS. Filed Mar 21 2023, AN ACT TO PROVIDE THAT CERTAIN EMPLOYEES AND VOLUNTEERS AT PRIVATE SCHOOLS MAY CARRY CERTAIN WEAPONS ON EDUCATIONAL PROPERTY WHEN AUTHORIZED BY THE SCHOOL BOARD OF TRUSTEES OR SCHOOL ADMINISTRATIVE DIRECTOR AND TO PROVIDE THAT A PERSON MAY CARRY A CONCEALED HANDGUN ON EDUCATIONAL PROPERTY THAT IS THE LOCATION OF BOTH A SCHOOL AND A PLACE OF RELIGIOUS WORSHIP WHEN ATTENDING WORSHIP SERVICES AND OTHER SACERDOTAL FUNCTIONS AT THE PLACE OF RELIGIOUS WORSHIP.

Amends GS 14-269.2 (which prohibits weapons on campus or other educational property) by adding and defining the following terms: school administrative director and school board of trustees. Adds to the exemptions from the statute persons who are employees or volunteers of a private school meeting all of the following criteria: (1) the person has written authorization from the school board of trustees or the school administrative director to possess and carry a firearm or stun gun on the educational property that is owned, used, or operated by the private school; (2) the weapon is a firearm or stun gun; (2) the person has a concealed handgun permit issued in accordance with Article 54B of GS Chapter 14 or deemed valid under GS 14-415.24 (pertaining to reciprocity for out-of-state handgun permits); (3) the person has successfully completed the annual training requirement, under the direct supervision of a certified National Rifle Association instructor or the equivalent, a minimum of eight hours of courses on, or relating to, gun safety and the appropriate use of firearms that is in addition to the firearms training and safety course required for a concealed handgun permit that is one of the criteria for issuance of a permit set forth by  GS 14-415.12; (4) the private school adopts and maintains written standard operating procedures regarding the possession and carrying of the weapons listed in this subdivision on the educational property and distributes to the parents of students attending the private school copies of the written standard operating procedures on an annual basis; and (5) the person is on the premises of the educational property that is owned, used, or operated by the private school at which the person is an employee or volunteer. Also adds an exemption for persons in a place of religious worship located on the educational property owned, used, or operated by the membership of the place of religious worship while the person is attending worship services, funeral services, wedding ceremonies, Christenings, religious fellowships, and any other sacerdotal functions at the place of religious worship. Defines place of religious worship and attending. Effective December 1, 2023, and applies to offenses committed on or after that date.  

Intro. by Jarvis, Britt, B. Newton.GS 14
S 344 (2023-2024) UNFAIR REAL ESTATE AGREEMENTS ACT. Filed Mar 21 2023, AN ACT TO PROHIBIT UNFAIR REAL ESTATE SERVICE AGREEMENTS FOR RESIDENTIAL REAL ESTATE.

Identical to H 422, filed 3/21/23.

Enacts new Article 7, Prohibition of Unfair Real Estate Service Agreements, in GS Chapter 93A, providing as follows. Sets out the Article's purpose and sets out and defines terms used in the Article. Defines Real Estate Service Agreement as a written contract between an Agent, Service Provider, Person, and the owner of Residential Real Estate or a potential buyer of Residential Real Estate to provide services, current or future, in connection with the maintenance, purchase, or sale of Residential Real Estate. Defines residential real estate as real property in the State used primarily for personal, family, or household purposes, by an owner, tenant, or any other party. 

Makes a Real Estate Service Agreement unfair if it is effective and binding for more than one year from the effective date of the Real Estate Service Agreement and has any of the following characteristics: (1) the Real Estate Service Agreement purports to run with the land or is binding on future owners of Residential Real Estate identified in the Real Estate Service Agreement; (2) the Real Estate Service Agreement expressly allows for assignment of the right to provide those services without notice or consent of the owner or buyer; or (3) the Real Estate Service Agreement purports to create a lien, encumbrance, or other real property security interest. Sets out eight types of agreements that are excluded from the Article.

Makes an agreement that is in violation of these provisions an Unfair Real Estate Service Agreement and void and unenforceable. Specifies that an Agent, Service Provider, or Person has no right to a refund of the consideration paid to the owner or buyer in connection with the Unfair Real Estate Service Agreement.

Makes the recording of any Unfair Real Estate Service Agreement, or notice or memorandum thereof, that is in violation of this Article also a violation of GS 14-118.6(a) (making it a Class I felony to present for filing or recording in a public record or a private record generally available to the public a false lien or encumbrance against the real or personal property of an owner or beneficial interest holder, knowing or having reason to know that the lien or encumbrance is false or contains a materially false, fictitious, or fraudulent statement or representation). Specifies that a violation of the Article is an unfair or deceptive trade practice. Allows a party whose real property is encumbered by an Unfair Real Estate Service Agreement to bring a cause of action against the Agent, Service Provider, or Person and to be entitled to the relief available in GS Chapter 75 (Monopolies, Trusts and Consumer Protection). Provides that any recoveries available under GS Chapter 75 will not be offset by the consideration paid by an Agent, Service Provider, or Person to the owner or buyer in connection with the Unfair Real Estate Service Agreement. Gives the Attorney General enforcement power. 

Prohibits an Unfair Real Estate Service Agreement, or notice or memorandum thereof, from operating as a lien, encumbrance, or security interest. Prohibits requiring an owner or buyer from recording any document voiding an Unfair Real Estate Service Agreement, or notice or memorandum thereof, recorded in violation of these provisions. Allows but does not require the register of deeds to refuse to accept an Unfair Real Estate Service Agreement, or notice or memorandum thereof, for recordation. Specifies that recordation does not provide actual or constructive notice to any party interested in the Residential Real Estate identified in the Unfair Real Estate Service Agreement.

Allows a party with an interest in the real estate under which an Unfair Real Estate Service Agreement, or notice or memorandum thereof, is recorded in this State, to recover damages, costs, and attorneys' fees. Specifies that actual damages, costs, and attorneys' fees that are proved against the Agent, Service Provider, or Person will not be offset by the consideration paid by the Agent, Service Provider, or Person to the owner or buyer of the Unfair Real Estate Service Agreement.

Makes conforming changes to GS 6-18.

Intro. by Krawiec, Overcash, Lowe.GS 6, GS 93A
S 345 (2023-2024) ALARM SYSTEMS LICENSING/MACHINERY ACT CHANGES. (NEW) Filed Mar 21 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE ALARM SYSTEMS LICENSING ACT AND TO MODIFY THE MACHINERY ACT OF NORTH CAROLINA.

Retitles GS Chapter 74D, Security Systems (was Alarm Systems) and makes changes throughout the Chapter to refer to "security systems" rather than "alarm systems." Amends the Chapter as follows. Makes the Chapter's language gender-neutral.

Defines security systems business to include any person, firm, association, or corporation that, unless exempt, (1) sells or attempts to sell a security system by engaging in any personal solicitation to advise, design, or consult on specific types and specific locations of security system devices and/or (2) installs, services, monitors, or responds to electrical, wireless or hardwired electronic or mechanical alarm signal devices and security systems, integrated automation of a residence or business that includes a security element, burglar alarms, monitored access control, or cameras, analytic capturing devices, systems providing intelligence or other imaging devices used to detect or observe unauthorized or illegal activity. Eliminates the previous exclusion of locking devices that record entry and exit data and do not transmit the data in real time so long as the provider is licensed by the Locksmith Licensing Board; instead provides for this exemption from the Chapter's provisions in GS 74D-3. Defines qualifying agent to mean an individual who is a full-time employee in a management position licensed under the Chapter and who is registered with the Security Systems Board (Board; previously did not specify full-time employment). Establishes that a business entity required to be licensed under the Chapter is subject to the specified requirements regarding a qualifying agent (previously subject upon engaging in the business). Allows the business entity to notify the Board by letter or using the Board's online form upon its qualifying agent ceasing to perform his or her duties (previously only specified notification be in writing). Adds a new provision authorizing the Director of the Board, in his or her discretion, to extend the 90-day period by which the business entity must obtain a substitute qualifying agent for an additional 30 days for good cause upon written request. Prohibits any person (rather than licensee) from serving as the qualifying agent for more than one business entity without Board approval. Makes the qualifying agent responsible for maintaining current contact information with the Board. Adds minimum qualifications for qualifying agents in addition to age, experience, and character qualifications in existing law. Requires the applicant to have successfully completed or kept current a specified technician course offered by the Electronic Security System Associations or equivalent approved by the Board (as an alternative to having the existing requirement for required training, qualifications, and experience to be licensed), and to have proof of how in-state activities of the licensee are to be monitored. Concerning the applicant character, includes a prayer for judgement continued, adjudication withheld, or an equivalent. Eliminates the authority of the Board to require an examination of applicants. Requires out-of-state monitoring companies not licensed in any state to be licensed by the Board and register their employees, but does not require out-of-state monitoring companies licensed in another state to register their employees upon receipt by the Board of a certificate of good standing from that state.

Regarding criminal background checks of applicants for licensure or registration, replaces references to the Department of Public Safety with the State Bureau of Investigation (SBI). Authorizes the SBI's Division of Criminal Information Network to provide criminal record checks for applicants through the Board. Authorizes the SBI to charge applicants a fee for conducting the criminal history checks and specifies that the fee is to be collected by the Board and transmitted to the SBI. Makes an exception to the confidentiality provisions set forth for information obtained through an applicant's criminal history check, allowing such information to support the denial of an application or a disciplinary matter in a contested case. 

Modifies the Chapter's exemptions as follows. Exempts installation or service (was, installation only) of an alarm system on property owned or leased to the installer, and entities through which a customer accesses marketing or advertising material or installation instructions for a security system. Eliminates the exemptions for out-of-state monitoring companies and persons or businesses providing services to a state agency or local government for five or more years. Makes organizational and clarifying changes. Allows a licensee to use (was, hire) a consultant or a manufacturer's representative (was, consultant only) to troubleshoot a location or installation if accompanied by the licensee and the licensee reports to the Board within 30 days designating the temporary consultant; eliminates the existing cap allowing for use of the consultant only up to 48 hours in a one month period. 

Renames the Alarm Systems Licensing Board the Security Systems Licensing Board (Board). Excepts the Secretary of Public Safety or a designee from the prohibition against a Board member serving more than two complete three-year consecutive terms. Requires the Board to set a travel allowance in addition to per diem compensation of members who are not also State officers or employees. Makes further technical changes. 

Modifies and adds to the powers of the Board as follows. Authorizes the Board to determine minimum qualifications and establish minimum education, experience, and training standards for registrants in addition to applicants and licensees and conduct investigations of alleged violations to determine if unlicensed individuals or entities are in violation of the Chapter, in addition to investigating licensees' and registrants' compliance with the Chapter. Authorizes the Board to issue written cease and desist orders for violations with the concurrence of the Secretary of Public Safety. Allows the Board to take disciplinary action against registrants who fail to satisfy requirements of the Chapter or the Board. Additionally, grants the Board the power to acquire, rent, encumber, and deal with real property as a private person or corporation, subject to approval of the Governor and the Council of State. Limits collateral pledged by the Board for an encumbrance to the assets, income, and revenues of the Board. Deems the regulation of security system business exclusive to the Board, though permits local government to require registration and reporting of businesses operating within its jurisdiction and even require revocable permits when alarm usage involves automatic signal transmission to law enforcement, which was previously located in GS 74D-11. Makes language gender neutral.

Expands the investigative powers of the Secretary of Public Safety to include complaints, allegations, or suspicions of wrongdoing or violation of the Chapter involving unlicensed individuals in addition to licensed or to-be-licensed individuals. 

Amends GS 74D-6, now limiting the statute to grounds for denial for registration (was, licensure or registration). Modifies the grounds for the denial of registration to include conviction of any crime involving the illegal use, carrying, or possession of a firearm; felonious assault or an act of violence; felonious sexual offense; felonious larceny; or felonious fraud (was, conviction of any crime involving fraud only). Defines conviction. Now provides that the specified misdemeanor convictions are prima facie evidence that the applicant lacks good moral character and temperate habits. Includes in the specified misdemeanor convictions crimes involving assault (was, felonious assault) and sexual offenses; no longer includes offenses involving moral turpitude; adds to the definition of conviction. Lastly, establishes being registered as a sex offender in any state as grounds for denial of registration. 

Revises the described employees of a licensee who must register under GS 74D-8 to include employees who conduct personal sales in a private residence or who install or service a security system in a private residence. Amends the requirements to be met by the licensee of a security systems business when registering the licensee’s employees with the Board under GS 74D-8 as follows. More specifically prohibits a licensee from employing any employee required to register under the Chapter until the Board approves the registration. Adds a provision allowing a licensee to employ an applicant as a probationary employee for 20 consecutive days. In order to continue employment as a regular employee, requires registration of the employee within 30 days after the probationary employment ends unless the Director, in his or her discretion, extends the time for good cause. Requires a probationary employee to complete training and requires a criminal record check before the probationary employee engages in services. Requires the licensee to give the Director a list of probationary employees monthly and specifies information that must be provided.

Amends GS 74D-8.1 by amending the requirements for an apprentice registration permit to no longer require applicants to be currently enrolled in high school or to have a valid driver's license. Makes a conforming deletion of the requirement that one of the applicant’s letters of recommendation be from an official at the applicant’s school.

Amends GS 74D-9 by increasing the required minimum amount of liability insurance to: (1) $250,000 (was, $50,000) because of bodily injury or death of one person as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of employment and $500,000 (was, $100,000) because of bodily injury or death of two or more persons and (2) $100,000 (was, $20,000) because of injury to or destruction of property of others as a result of the negligent act of the principal insured or his or her agents operating in the course and scope of their agency.

Amends GS 74D-10 by amending instances in which the Board may suspend or revoke a license or registration as follows: (1) violations of any rule adopted (was, any rule promulgated) by the Board; (2) convictions of any felony in GS 74D-6(2) (conviction of a crime involving fraud; the illegal use, carrying, or possession of a firearm; felonious assault or an act of violence; felonious sexual offense; felonious larceny; or felonious fraud), or any crime involving moral turpitude under GS 74D-6(3) (lack of good moral character or temperate habits) (was, convictions of any crime involving moral turpitude or any other crime involving violence or the illegal use, carrying, or possession of a dangerous weapon only); (3) engaging in or permitting any employee to engage in any security systems business without possessing a valid registration (was, a valid license); (4) clarifies that the instances include failure to maintain the required certificate of liability insurance; and (5) adds that engaging in conduct that constitutes dereliction of duty or deceiving, defrauding, or harming the public in the course of professional activities or services includes fraudulently claiming a change in business ownership, fraudulently claiming dissolution of a competing business, fraudulently claiming to be a representative of the consumer's current service provider, misrepresentation of employer, or misrepresenting an upgrade of equipment as a sales tactic.

Deletes GS 74D-13, which is an outdated provision.

Amends GS 74D-30 by renaming the Alarm Systems Education Fund as the Security Systems Education Fund and makes additional technical and conforming changes. Makes conforming changes to the title of Article 2.

Amends GS 74D-7, to specify that branch office certificates must be obtained by branch offices in the state with a security systems business. Extends the period for temporary approval by the Director of the Board from 10 working days to 45 days. Increases the licensing fees to: $500 for an initial application; $1,000 for a new license or renewal; $500 for a late license renewal; $100 for a new or renewed registration; $25 for a reregistration; $300 for a branch office certificate; and $40 for a late registration fee. Eliminates the $50 fee for reconsideration of a license or registration permit that has been filed or returned to the applicant for correctable errors. 

Effective October 1, 2023. 

Intro. by Daniel.GS 74D
S 346 (2023-2024) MARIJUANA JUSTICE AND REINVESTMENT ACT. Filed Mar 21 2023, AN ACT TO LEGALIZE AND REGULATE THE SALE, POSSESSION, AND USE OF CANNABIS IN NORTH CAROLINA.

Part I.

Enacts new GS Chapter 18D, establishing registration and licensure requirements and procedures governing the operation of cannabis establishments, and making possession and use of cannabis for personal use by persons at least 21 years of age lawful within the statutory possession limit. States legislative findings. Excludes Article 43 of GS Chapter 90, as enacted and governing medical cannabis, from the scope of the new Chapter. Creates the Office of Social Equity (Office) within the Department of Public Safety, and provides for the Office's executive director, funding, and powers and duties, which include defining social equity applicant, advising the Department of Public Safety, providing reporting, investigating establishments, and administering three funds established by the act: the Community Reinvestment and Repair Fund, the Social Equity Fund, and the Cannabis Education and Technical Assistance Fund. 

Charges the Department of Public Safety (Department) with cannabis establishment registration issuance and annual renewal. Provides for conditional approval for applicants that have not yet purchased or leased the establishment location. Subjects registered establishments to Department inspection. Requires establishments operating with on-site consumption to be issued a permit, license, or registration that expressly allows such operation by the local regulatory authority of the locality. Authorizes local prohibition of establishments by ordinance, so long as transportation through or delivery within the locality is permitted. Authorizes localities to govern the time, place, manner, and number of operations consistent with the Chapter. Bars host community agreements whereby establishments or applicants provide anything of value to the locality.

Makes possession, transfer, and use of cannabis by persons at least 21 years of age lawful within the statutory possession limit, defined as: (1) two ounces of cannabis, excluding concentrated cannabis or cannabis products; (2) 15 grams of concentrated cannabis; (3) cannabis products containing no more than 2,000 mg of tetrahydrocannabinol; (4) six cannabis plants; or (5) any additional cannabis produced by the person's cannabis plants provided that possession exceeding these limits is limited to the same property of cultivation. Establishes restrictions for cultivating cannabis plants, including requiring cultivation out of public view and taking reasonable precautions to secure the plants from unauthorized access by minors, with violations constituting infractions punishable by up tp $750 or up to 75 hours of community service. Makes it an infraction, punishable by a fine of up to $50 or up to five hours of community service, to smoke cannabis in a public place or in an area of an on-site consumption establishment where smoking is prohibited. Makes it an infraction to operate a motor vehicle or motorized device used for transportation, punishable by a fine of up to $250, up to 25 hours of community service, and/or license suspension for up to six months. Provides increased penalties for subsequent offenses. 

Makes it an infraction, punishable by a fine of up to $150 or up to 15 hours of community service, for a person under 21 to present false identification in procuring or attempting to procure cannabis, or gaining access to a cannabis establishment. Makes specified extractions from cannabis a Class E felony, punishable by a fine of up to $5,000. Makes possession, use, distribution, or manufacture of cannabis accessories by persons 21 or older lawful, subject to Department rules. For violations, makes a first offense an infraction punishable by a fine of up to $1,000 and forfeiture, and a second offenss a Class A1 misdemeanor punishable by a fine of up to $5,000 and/or up to 180 days in jail and forfeiture. Establishes penalties and court-ordered entry into substance abuse treatment and/or education programs for juveniles and persons over 18 for possessing, using, or purchasing cannabis or cannabis accessories.  Prohibits discrimination in employment and professional licensure and public assistance benefits, and prohibits arresting, prosecuting, or assessing a penalty solely for conduct permitted by the Chapter. Provides other protections relating to child custody or visitation, State or local government benefits and entitlement, medical care, and conditions of pretrial release.

The Chapter does not prevent government employers from disciplining employees or contractors for consumption in the workplace or working while impaired, nor prevent penalization of conduct under the influence which would constitute negligence or professional malpractice. Provides for the Chapter to not apply when it conflicts with the governmental employers' federal obligations or federal monetary or licensing-related benefits. Deems operation of a registered establishment lawful, subject to the Chapter, Department rules, and local authorities. Details requirements for establishments to verify that consumers are 21 or older and provides for an affirmative defense to prosecutions for violations. Provides protections from discrimination for the provision of services to or previous employment at a cannabis establishment. Provides for the rights of property owners and protections for tenants with prior cannabis-related convictions. Deems contracts related to establishment operation enforceable. Details restrictions of law enforcement and State and local governments with respect to conduct permitted under the Chapter. 

Requires the Department to adopt necessary implementing rules within 180 days of January 1, 2022, as specified, and including 27 specified regulations. 

Establishes a 20% cannabis excise tax for sales of cannabis and cannabis products, excluding sales of medical cannabis under Article 43 of GS Chapter 90, as enacted. Details tax collection and administration. Allows municipalities to levy a local option sales tax of 3%, excluding sales of medical cannabis. Details local tax collection and administration. Provides for apportionment of the cannabis excise tax for specified funds and purposes.

Effective January 1, 2024, and applies to offenses committed on or after that date. 

Part II.

Enacts new Article 44, NC Medical Cannabis Act, to GS Chapter 90. Provides broad civil and criminal immunity for a patient or a designated caregiver for purchasing or possessing cannabis for medical use if the quantity does not exceed an adequate supply as determined by the NC Medical Care Commission. Requires the Department of Health and Human Services (DHHS) to issue "registry identification cards" to persons who qualify as patients or designated caregivers, and provides that a card creates a rebuttable presumption of permissible use if the person does not possess more than an adequate supply. Specifies conditions under which provisions of the act are applicable to minors. Prohibits a school, employer, or landlord from refusing to enroll, employ, or lease to, or to otherwise penalize, a person because of his or her status under the act or the permissible possession or use of cannabis. Also provides immunity and protection from penalties for physicians for conduct consistent with the act. Provides other protections relating to conduct of law enforcement, child custody or visitation, constructive possession, and the unauthorized substances tax. Specifies criteria and procedures for DHHS issuance or renewal of registry identification cards and requires that DHHS maintain a confidential list of persons to whom cards are issued. Allows DHHS to verify for law enforcement whether a card is valid and to report to law enforcement about falsified or fraudulent information submitted to DHHS. Makes violation of the confidentiality provision a Class 1 misdemeanor, subject to a fine of up to $1,000.

Directs the NC Medical Care Commission to adopt rules to implement the provisions regarding registry cards, establishing requirements for the issuance of registry identification cards to patients and designated caregivers who meet certain minimum specifications. Requires the rules be adopted no later than 120 days after the effective date of the act.

Defines patient and physician.

Effective January 1, 2024.

Part III.

Enacts GS 15A-145.8B, mandating the automatic expunction of convictions for offenses involving marijuana or hashish that is legal under new GS Chapter 18D by July 1, 2026. Charges the Administrative Office of the Courts (AOC) with determining eligible offenses, creating an electronic list of offenses, and providing the list to clerks of superior court by October 1, 2025, to prepare and complete orders of expungement. Provides for expungement of related government records, except DNA records and samples stored, and reversal of administration actions taken as a result from the charges or convictions expunged. Provides for the effect of the expunction. Effective January 1, 2024.

Part IV.

Makes conforming repeals in the following statutory sections to reflect the new enactments: GS 90-87, GS 90-94, GS 90-95, GS 90-113.22A, GS 90-113.21, GS 105-113.106, GS 105-113.107, GS 105-113-107A, GS 105-113.108, GS 106-134, GS 148-64.1, and GS 90-94.1.

Makes conforming changes to GS 105-113.106, defining dealer to exclude possession of marijuana. 

Effective January 1, 2024.

Part IV.

Includes a severability clause.

Provides a savings clause for prosecutions for offenses committed before the effective date of the act.

Intro. by Meyer, Chaudhuri, Murdock.GS 15A, GS 18D, GS 90, GS 105, GS 106, GS 148
S 347 (2023-2024) REVISE, STUDY, AND FUND LEP ALLOTMENT. Filed Mar 21 2023, AN ACT TO REVISE THE STUDENTS WITH LIMITED ENGLISH PROFICIENCY ALLOTMENT, TO REQUIRE THE STATE BOARD OF EDUCATION TO STUDY THE STUDENTS WITH LIMITED ENGLISH PROFICIENCY ALLOTMENT, AND TO APPROPRIATE FUNDS TO THE STUDENTS WITH LIMITED ENGLISH PROFICIENCY ALLOTMENT.

Requires the State Board of Education (State Board), for the 2023-25 fiscal biennium, to develop guidelines for identifying and providing services to students with limited proficiency in the English language, as follows: (1) requires allocating these funds to local school administrative units and to charter schools under a formula that takes into account the average percentage of students in the units or the charters over the past three years who have limited English proficiency and requires allocating funds to those schools only if average daily membership of the unit or charter school includes at least 20 students with limited English proficiency or if students with limited English proficiency comprise at least 2.5% of the average daily membership of the unit or charter school; (2) requires local school administrative units to use funds allocated to them to pay for classroom teachers, teacher assistants, tutors, textbooks, classroom materials/instructional supplies/equipment, transportation costs, and staff development of teachers for students with limited English proficiency; and (3) requires a county in which a local school administrative unit receives funds under this section to use the funds to supplement local current expense funds. Requires the Department of Public Instruction to prepare a head count of the number of students with limited English proficiency by December 1 of each year and requires those students to be assessed at least once every three years to determine English proficiency. 

Requires the State Board to study the allotment for students with limited English proficiency and report on the result by December 31, 2023, to the specified NCGA committee and division. Specifies minimum content of the report. 

Appropriates $3.4 million in recurring funds for 2023-24 from the General Fund to the Department of Public Instruction to increase the allotment for students with limited English proficiency. 

Effective July 1, 2023. 

Intro. by Meyer, Murdock, Marcus.APPROP, STUDY
S 348 (2023-2024) EXTENDED-YEAR TEACHER CONTRACTS. Filed Mar 21 2023, AN ACT TO PROVIDE FOR EXTENDED-YEAR CONTRACTS FOR INITIALLY LICENSED TEACHERS, MENTOR TEACHERS, TEACHERS IN LOW-PERFORMING SCHOOLS, AND CERTAIN VETERAN TEACHERS.

Includes whereas clauses. Enacts new GS 115C-306.1 requiring local boards of education, when awarding contracts to teachers, to provide for extended-year contracts (meaning a contract providing for a term of employment of 11 months during the school year) as follows. Requires the local board of education to award mandatory extended-year contracts to all IL teachers and all LPS teachers; specifies that IL teachers and LPS teachers are not eligible to receive 10-month contracts. Defines IL teacher as a teacher who holds a current North Carolina teaching license in any of the following classes: a three-year initial professional license, a three-year limited license, a one-year residency license, or a one-year emergency license. Defines an LPS teacher as a teacher assigned by a local board of education to teach at a school identified as low performing. Requires the local board of education to offer optional extended-year contracts as follows: (1) to mentor teachers in any year that the teacher is designated as such and (2) to veteran teachers one year out of each three-year period the teacher is employed by the local board. Allows mentor teachers and veteran teachers to accept the extended-year contract or to request and be awarded a 10-month contract. Defines veteran teacher as a teacher who holds a current five-year North Carolina continuing professional license for teaching; has at least six years of licensed teaching experience; and is not IL teacher, a mentor teacher, or an LPS teacher.

Requires the local board of education to annually designate up to 10% of those teachers employed by the local board as mentor teachers; specifies minimum criteria to be used in making the designation. 

Sets out additional job duties in the 11th month of employment for a teacher who is awarded and accepts an extended-year contract, with duties dependent upon the teacher's designation as an IL teacher, LPS teacher, mentor teacher, or veteran teacher.

Makes conforming changes to the provisions governing teacher contracts under GS 115C-325.3. Makes conforming changes to GS 115C-302.1 concerning payment of teacher salaries and also removes the requirement that the State Board of Education maintain the same policies related to masters pay for teachers that were in effect for the 2008-09 fiscal year.

Appropriates $310 million in recurring funds from the General Fund to the Department of Public Instruction for 2023-24 to provide extended-year teacher contracts according to new GS 115C-306.1.

Effective July 1, 2023, and applies beginning with the 2023-24 school year.

Intro. by Meyer, Robinson, Murdock.APPROP, GS 115C

The Daily Bulletin: 2023-03-21

LOCAL/HOUSE BILLS
H 242 (2023-2024) WRIGHTSVILLE BEACH INITIATIVE ORDINANCES. Filed Mar 1 2023, AN ACT AMENDING THE CHARTER OF THE TOWN OF WRIGHTSVILLE BEACH TO INCREASE THE PERCENTAGE OF REGISTERED VOTERS OF THE TOWN WHO MUST SIGN A PETITION TO THE TOWN BOARD TO PLACE AN ORDINANCE INITIATIVE ON THE BALLOT.

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

Amends Section 6.1 of the Charter of the Town of Wrightsville Beach, SL 1989-611, as amended, to allow proposed ordinances to be submitted to the Board of Alderman by petition signed by registered voters equal to at least 40% of the total number of registered voters residing within the Town of Wrightsville Beach at the time of the last regular municipal election (was, 40% of the Town's registered voters). Amends the timing of the special election, if held, so that it is on a date authorized by GS 163-287(a), setting requirements for special elections called by a county, municipality, or special district (was, within six months, unless a general election is fixed within six months thereafter). Makes additional conforming and clarifying changes.

Amends Section 6.5 of SL 1989-611 to require that the petition only be signed by registered voters (was, legal voters). Makes conforming changes.

Amends the act's long title.

Intro. by Davis, Miller.New Hanover
H 308 (2023-2024) ALEXANDER CO. BD. OF ED. REFERENDUM. Filed Mar 8 2023, AN ACT TO REQUIRE A REFERENDUM ON WHETHER TO CHANGE THE ELECTION METHOD FOR THE ALEXANDER COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN.

House committee substitute to the 1st edition makes the following changes. Deletes the content of the previous edition and makes the following changes to SL 1969-774, subject to approval by a majority of the qualified voters of Alexander County in a referendum conducted at the time of the general election in 2024.

Amends Section 1 to set the membership of the Alexander County Board of Education (Board) at seven (was, six) members, elected for staggered terms from seven single-member electoral districts. Requires one member to be elected from each district by the qualified voters of each district. Require candidates to reside in the district for which they are seeking election.

Amends Section 2 to require board members be elected on a partisan basis at the time of the general election in each even-numbered year as terms expire. No longer requires Board candidates to be eligible electors. Requires notice of candidacy to be filed in the same manner and time as county officers. Requires the election to be conducted according to the provisions of GS Chapters 115C and 163.

Amends Section 4 by removing outdated language.

Amends Section 7 to require vacancies to be filled in accordance with GS 115C-37.1 (Vacancies in offices of county boards elected on partisan basis in certain counties). 

Repeals Sections 2 (apportioning board members into 4 districts), 4, 5 (outdated provisions), 6 (concerning filling vacancies in the four districts), and 8 (concerning candidates for re-election).

Repeals Section 9(a) of SL 2015-103, which removed Board term limits.

Specifies that the above does not affect the terms of office of any person elected to the Board in 2022 or 2024. Requires Board vacancies for a member elected in 2022 or 2024 to be filled by the remaining Board members. Requires Board members elected in 2022 or 2024, or any member appointed to fill a vacancy of a member elected in 2022 or 2024, to serve until a successor has been elected and qualified.

Makes conforming changes to GS 115C-37.1, effective December 1, 2026.

If approved in the referendum, changes to the session law become effective with respect to elections conducted in 2026 and thereafter.

Amends the act's long title.

Intro. by Elmore.Alexander, GS 115C
H 308 ALEXANDER CO. BD. OF ED. REFERENDUM. Filed Mar 8 2023, AN ACT TO REQUIRE A REFERENDUM ON WHETHER TO CHANGE THE ELECTION METHOD FOR THE ALEXANDER COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN.

House committee substitute to the 2nd edition makes the following change. No longer repeals Section 4 of SL 1969-774, which was amended in the act. 

Intro. by Elmore.Alexander, GS 115C
H 312 (2023-2024) FOUR-YEAR TERM FOR MAYOR/SILER CITY. Filed Mar 8 2023, AN ACT TO EXTEND THE TERM OF THE MAYOR FOR THE TOWN OF SILER CITY FROM A TWO-YEAR TERM TO A FOUR-YEAR TERM.

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

Amends the list of acts that previously amended the Siler City town charter and makes conforming changes.

Deletes the previous changes to Section 4 of the Charter of the Town of Siler City (SL 1887-88, as amended), and instead makes the following changes. Changes the mayor's term of office from two years to four years and specifies that the mayor be elected by qualified voters of the town. Requires that the mayor pro tempore be elected in accordance with GS 160A-70 instead of according to state law in general. No longer delineates the districts for the election of commissioners. Specifies that for the district seats, only qualified voters of the district are eligible to vote for the commissioner from that district. Requires commissioner terms to be staggered.

Deletes Section 5 of SL 1887-88, as amended, which set out staggered commissioner terms by district.

Applies to municipal elections held in 2023 and thereafter.

Amends the act's long title.

Intro. by Reives.Chatham

The Daily Bulletin: 2023-03-21

LOCAL/SENATE BILLS
S 200 (2023-2024) ONSLOW COUNTY PUBLIC NOTICES. (NEW) Filed Mar 6 2023, AN ACT TO AUTHORIZE ONSLOW COUNTY AND THE MUNICIPALITIES WHOLLY OR PARTLY IN ONSLOW COUNTY TO PUBLISH REQUIRED PUBLIC NOTICES ELECTRONICALLY AND TO AUTHORIZE ONSLOW COUNTY TO PUBLISH LEGAL NOTICES VIA THE COUNTY-MAINTAINED WEBSITE FOR A FEE.

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

Revises the scope of Section 1 of the act (enacting GS 153A-52.3 and amending GS 160A-1 and GS 163-33, relating to electronic publications by governing boards), making the provisions also applicable to Robeson County and any municipality located wholly or in part in the County. Similarly revises the scope of Section 2 of the act (enacting GS 1-602.1, regarding electronic publications on a county website), making the provisions also applicable to Robeson County and any municipality located wholly or in part in the County. Makes conforming changes to the act's titles. 

Intro. by Lazzara.Onslow, Robeson, GS 1, GS 153A, GS 159, GS 160A, GS 163
S 208 (2023-2024) GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY. Filed Mar 6 2023, AN ACT CLARIFYING THE TYPE OF PROPERTY THAT SHALL REVERT TO THE ORIGINAL GRANTOR IF THE GREATER ASHEVILLE REGIONAL AIRPORT CEASES TO OPERATE OR THE GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY IS DISSOLVED.

Senate committee substitute to the 1st edition makes the following changes. Changes the effective date to May 1, 2023, applicable to property conveyed, transferred, sold, or exchanged for another property by the Greater Asheville Airport Authority on or after that date. (Was, effective when act became law.)

Intro. by Moffitt.UNCODIFIED, Buncombe, Henderson
ACTIONS ON BILLS

Actions on Bills: 2023-03-21

PUBLIC BILLS

H 10: REQUIRE SHERIFFS TO COOPERATE WITH ICE.

    House: Withdrawn From Cal
    House: Re-referred To Rules, Calendar, and Operations of the House

H 11: SCHOOLS FOR THE DEAF AND BLIND.

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

H 40: PREVENT RIOTING AND CIVIL DISORDER.

    House: Became Law W/o Signature
    House: Ch. SL 2023-6

H 96: NC REACH ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 97: VARIOUS EDUCATION CHANGES. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 98: RIGHT TO TRY INDIVIDUALIZED TREATMENTS. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary 1
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary 1

H 113: PROHIBIT RENAMING OF FAYETTEVILLE STATE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 142: PROTECT OUR STUDENTS ACT-AB. (NEW)

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 158: STANLY CC/CONTRACT DATE &AMP MCC STATUS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 173: TREASURY ADMINISTRATIVE CHANGES ACT.-AB

    House: Reptd Fav
    House: Re-ref Com On State Personnel

H 187: EQUALITY IN EDUCATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 201: RETIREMENT ADMIN CHANGES ACT OF 2023.-AB (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On State Government

H 203: DST TECHNICAL CORRECTIONS.-AB

    House: Reptd Fav Com Substitute
    House: Re-ref Com On State Government

H 205: TRANSPARENT GOVERNANCE & INTEGRITY ACT.-AB

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

H 226: END PREDATORY PET LEASING.

    House: Reptd Fav
    House: Re-ref Com On Judiciary 1

H 250: PUBLIC SAFETY/OTHER CHANGES. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 278: THE RAKIM SHACKLEFORD EMBALMING FLUID ACT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 282: TRADE SCHOOLS STUDY.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 287: HEALTH CARE OMNIBUS. (NEW)

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

H 294: NC HOUSING CHOICE INCENTIVE.

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Withdrawn From Com
    House: Re-ref to the Com on Commerce, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 323: RETAIN ADULT DEVEL. VOC. REHAB. PROGRAMS. (NEW)

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

H 344: MENTAL HEALTH LIC. FAIR PRACTICE STDS. (NEW)

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

H 347: SPORTS WAGERING/HORSE RACING WAGERING. (NEW)

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

H 352: EXPRESSING JAPANESE FRIENDSHIP.

    House: Reptd Fav For Adoption
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 378: FIREFIGHTERS CRIMINAL HISTORY RECORD CHECKS.

    House: Withdrawn From Com
    House: Re-ref to the Com on Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

H 411: GENERAL ASSEMBLY APPOINTMENTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 413: TOPSAIL BEACH SPECIAL REGISTRATION PLATE.

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

H 414: BROADBAND SPEED STANDARDIZATION.

    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Rules, Calendar, and Operations of the House

H 415: STOP ADDICTION FRAUD ETHICS ACT OF 2023.

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

H 416: ENVIRONMENTAL JUSTICE CONSIDERATIONS.

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

H 417: ANTI-BOYCOTT DIVESTITURE.

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

H 418: ABC/COMMUNITY COLLEGE ATHLETIC FACILITY.

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

H 420: EXPAND &AMP CONSOLIDATE K-12 SCHOLARSHIPS.

    House: Filed

H 421: MEDICAID COVERAGE FOR DOULA SERVICES.

    House: Filed

H 422: UNFAIR REAL ESTATE AGREEMENTS ACT.

    House: Filed

H 423: FUNDS FOR LOST COLONY AMPHITHEATER.

    House: Filed

H 424: PRIVATE PARKING IMMOBILIZATION.

    House: Filed

H 425: STOP COUNTERFEIT PILLS ACT.

    House: Filed

H 426: VARIOUS ENVIRONMENTAL AMENDMENTS. (NEW)

    House: Filed
    House: Filed

H 427: HONOR WOMEN VETERANS PLATE/WOMEN VETERANS DAY. (NEW)

    House: Filed
    House: Filed

H 428: VOLUNTEER FIREFIGHTERS PROPERTY TAX EXCLUSION.

    House: Filed

H 429: MAKE STREET TAKEOVERS UNLAWFUL.

    House: Filed

H 430: GOVERNOR'S BUDGET.

    House: Filed

H 431: NEW ARCHITECT RECRUITMENT ACT.

    House: Filed

H 432: PRINCIPAL LICENSURE CHANGES.

    House: Filed

H 433: HAND HYGIENE PILOT PROGRAM.

    House: Filed

S 51: KAYLA'S ACT: PROTECTING DOM. VIOLENCE VICTIMS.

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

S 54: CONFIRM KATHERINE BOSKEN, COMM. OF BANKS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

S 83: NO HIGH-RISK APPS/GOVERNMENT NETWORKS & DEVICES. (NEW)

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

S 90: SCHOOLS FOR THE DEAF AND BLIND TRANSITION. (NEW)

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

S 100: AUTHORIZE HAW RIVER STATE TRAIL.

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

S 123: CERTIFICATE OF INSURANCE CLARIFICATIONS.

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

S 124: PREDATORY ROOFING/INS. REBATE REFORM. (NEW)

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

S 134: CURB UNDERWRITING ABUSES.

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

S 157: LIMITED PROVISIONAL LICENSE MODIFICATION.

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

S 187: TEACHER LICENSURE CHANGES (NEW).

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

S 195: UNC OMNIBUS.

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

S 206: CONTROL SUB./OPIOID/VACCINE/AT HOME OMNIBUS. (NEW)

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

S 217: REAL PROPERTY-TENANCY IN COMMON CHANGES.

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

S 218: ESTATES & TRUSTS CHANGES.

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

S 220: CONFIRM PHIL BADDOUR/INDUSTRIAL COMMISSION.

    Senate: Reptd Fav
    Senate: Re-ref Com On Select Committee on Nominations

S 221: CONFIRM THERESA STEPHENSON/BD OF REVIEW.

    Senate: Reptd Fav
    Senate: Re-ref Com On Select Committee on Nominations

S 246: PROPERTY OWNERS PROTECTION ACT.

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

S 269: EXEMPT CERTAIN DOD CHILD CARE CTRS/LIC. REQS.

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

S 291: QRIS/STAR RATING SYSTEM REFORM.

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

S 303: VARIOUS COURT CHANGES. (NEW)

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

S 319: CAPTIVE INSURANCE REVISIONS/ONLINE AUCTIONS. (NEW)

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

S 320: HONORING NC'S CONTRIBUTIONS TO CIVIL RIGHTS.

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

S 323: FUNDS FOR RENOVATIONS TO ASHLEY ELEMENTARY.

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

S 327: GSC ASSIGNMENTS OF ERROR.

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

S 328: IMPROVE PIPELINE SAFETY.

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

S 329: RETAIL INSTALLMENT SALES ACT AMENDMENTS.

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

S 331: CONSUMER FINANCE ACT AMENDMENTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 332: 2023 APPROPRIATIONS ACT CHANGES. (NEW)

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 333: ESTABLISH SURGICAL TECHNOLOGY STANDARDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 334: TOLL EXEMPTION FOR DISABLED VETERANS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 335: FUNDS FOR LOCAL WAKE COUNTY PROJECTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 336: INFORMED CONSENT CERTAIN PROCEDURES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 337: LIC. CLINICAL COUNSELORS ACCREDITATION MODS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 338: EQUAL PAY ACT.

    Senate: Filed

S 339: MODIFY LMTD DRIVING PRIVILEGE/CRIMINAL LAWS.

    Senate: Filed

S 340: EXPAND PROB. OFFICER/SHERIFF AUTHORITY.

    Senate: Filed

S 341: SAFETY AND EMISSION INSPECTION MODIFICATIONS.

    Senate: Filed

S 342: ATV AND UTV TITLING/MOD. UTV REVISIONS.

    Senate: Filed

S 343: PROTECT THE CHILDREN IN PRIVATE SCHOOLS.

    Senate: Filed

S 344: UNFAIR REAL ESTATE AGREEMENTS ACT.

    Senate: Filed

S 345: ALARM SYSTEMS LICENSING/MACHINERY ACT CHANGES. (NEW)

    Senate: Filed
    Senate: Filed

S 346: MARIJUANA JUSTICE AND REINVESTMENT ACT.

    Senate: Filed

S 347: REVISE, STUDY, AND FUND LEP ALLOTMENT.

    Senate: Filed

S 348: EXTENDED-YEAR TEACHER CONTRACTS.

    Senate: Filed

Actions on Bills: 2023-03-21

LOCAL BILLS

H 242: WRIGHTSVILLE BEACH INITIATIVE ORDINANCES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 308: ALEXANDER CO. BD. OF ED. REFERENDUM.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/22/2023

H 312: FOUR-YEAR TERM FOR MAYOR/SILER CITY.

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

H 419: YOUNGSVILLE CHARTER REVISED & CONSOLIDATED.

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

S 9: LOCAL OMNIBUS CHANGES. (NEW)

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

S 68: VARIOUS LOCAL CHANGES. (NEW)

    Senate: Passed 2nd Reading
    Senate: Placed On Cal For 03/28/2023
    Senate: Passed 2nd Reading
    Senate: Placed On Cal For 03/28/2023

S 126: CITY OF ASHEVILLE/PARKING METER PROCEEDS.

    Senate: Passed 3rd Reading

S 179: EXTEND SUNSET/BUNCOMBE/CC PROJECT/SPENCER MTN. (NEW)

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

S 200: ONSLOW COUNTY PUBLIC NOTICES. (NEW)

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

S 208: GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY.

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

S 276: UNION COUNTY/USE WHEEL LOCKS.

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

© 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.