The Daily Bulletin: 2023-04-03

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The Daily Bulletin: 2023-04-03

PUBLIC/HOUSE BILLS
H 2 (2023-2024) 2022 BUDGET TECHNICAL CORRECTIONS. (NEW) Filed Jan 25 2023, AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2022 AND TO OTHER LEGISLATION.

AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2022 AND TO OTHER LEGISLATION. SL 2023-11. Enacted April 3, 2023. Effective July 1, 2022, except as otherwise provided.

H 11 (2023-2024) SCHOOLS FOR THE DEAF AND BLIND. Filed Jan 25 2023, AN ACT TO PROVIDE THAT THE EASTERN NORTH CAROLINA SCHOOL FOR THE DEAF, THE NORTH CAROLINA SCHOOL FOR THE DEAF, AND THE GOVERNOR MOREHEAD SCHOOL FOR THE BLIND ARE GOVERNED BY BOARDS OF TRUSTEES AND TO PROVIDE FOR THE DUTIES OF THE BOARDS AND ADMISSION PROCESS FOR SCHOOLS FOR THE DEAF AND BLIND.

AN ACT TO PROVIDE THAT THE EASTERN NORTH CAROLINA SCHOOL FOR THE DEAF, THE NORTH CAROLINA SCHOOL FOR THE DEAF, AND THE GOVERNOR MOREHEAD SCHOOL FOR THE BLIND ARE GOVERNED BY BOARDS OF TRUSTEES AND TO PROVIDE FOR THE DUTIES OF THE BOARDS AND ADMISSION PROCESS FOR SCHOOLS FOR THE DEAF AND BLIND. SL 2023-10. Enacted April 3, 2023. Sections 1-3 are effective July 1, 2024. The remainder is effective April 3, 2023.

Intro. by Blackwell, Fontenot, Paré, Wheatley.GS 115C, GS 126, GS 138, GS 150B
H 259 (2023-2024) 2023 APPROPRIATIONS ACT. Filed Mar 2 2023, AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS.

House committee substitute makes various changes to the 1st edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: https://www.ncleg.gov/News.

View summary Agriculture, Animals, Business and Commerce, Insurance, Occupational Licensing, Courts/Judiciary, Motor Vehicle, Court System, Administrative Office of the Courts, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Property and Housing, Education, Preschool, Elementary and Secondary Education, Higher Education, Employment and Retirement, Environment, Aquaculture and Fisheries, Energy, Environment/Natural Resources, Government, Budget/Appropriations, Elections, General Assembly, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, UNC System, Department of Adult Correction, Department of Agriculture and Consumer Services, Department of Commerce, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Insurance, Department of Justice, Department of Military & Veterans Affairs, Department of Public Instruction, Department of Public Safety, Department of Revenue, Department of State Treasurer, Department of Transportation, Office of Information Technology Services, Office of State Auditor, Office of State Budget and Management, Office of State Controller, State Board of Education, State Board of Elections, State Government, Executive, State Personnel, Tax, Local Government, Native Americans, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance, Public Health, Mental Health, Social Services, Adult Services, Child Welfare, Public Assistance, Lottery and Gaming, Military and Veteran's Affairs, Nonprofits, Public Enterprises and Utilities, Transportation


H 547 (2023-2024) FUNDS TO WINSTON-SALEM FOR FIRE TRUCK. Filed Apr 3 2023, AN ACT APPROPRIATING FUNDS FOR THE PURCHASE OF A FIRE TRUCK IN WINSTON-SALEM.

Appropriates $150,000 in nonrecurring funds for 2023-2024 from the General Fund to the Office of State Budget and Management to provide a directed grant to Winston-Salem for a fire truck purchase. Effective July 1, 2023.

Intro. by A. Baker.APPROP, Forsyth
H 548 (2023-2024) FUNDS FOR NATIONAL BLACK THEATRE FESTIVAL. Filed Apr 3 2023, AN ACT APPROPRIATING FUNDS FOR THE NATIONAL BLACK THEATRE FESTIVAL.

Appropriates $100,000 in nonrecurring funds for 2023-2024 from the General Fund to the Office of State Budget and Management to provide a directed grant to Winston-Salem to support the North Carolina Black Repertory Company's annual production of the National Black Theatre Festival. Effective July 1, 2023.

Intro. by A. Baker.APPROP, Forsyth
H 549 (2023-2024) CIVILIAN TRAFFIC INVESTIGATORS. Filed Apr 3 2023, AN ACT AUTHORIZING CITIES TO EMPLOY AND ALLOW CIVILIAN PERSONNEL TO INVESTIGATE TRAFFIC CRASHES AND ISSUE CITATIONS FOR INFRACTIONS.

Enacts new GS 160A-499.6 authorizing a city to employ and allow civilian personnel to investigate traffic crashes and issue citations for infractions under GS Chapter 20 related to these crashes, naming these personnel civilian traffic investigators (investigators). Specifies that investigators cannot be issued a weapon and have no authority to arrest or issue criminal process, except for citations authorized by this section. 

Intro. by A. Baker.GS 160A
H 550 (2023-2024) SPRING LAKE WATER/SEWER INFRASTRUCTURE FUNDS. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS FOR WASTEWATER AND WATER INFRASTRUCTURE IMPROVEMENTS IN THE TOWN OF SPRING LAKE.

Appropriates $3 million for 2023-24 from the General Fund to the Town of Spring Lake for upgrades and repairs to the wastewater treatment plant and drinking water lines. Effective July 1, 2023.

Intro. by Lucas.APPROP, Cumberland
H 551 (2023-2024) LANDLORD-TENANT AND HOA CHANGES. Filed Apr 3 2023, AN ACT TO PROHIBIT COUNTIES AND CITIES FROM ADOPTING CERTAIN ORDINANCES, RULES, AND REGULATIONS THAT WOULD PROHIBIT LANDLORDS FROM REFUSING TO RENT TO TENANTS BECAUSE A TENANT'S LAWFUL SOURCE OF INCOME TO PAY RENT INCLUDES FUNDING FROM A FEDERAL HOUSING ASSISTANCE PROGRAM; TO REGULATE SUPPORT ANIMALS AND SERVICE ANIMALS IN RESIDENTIAL TENANCIES; TO EXPAND AUTHORIZED LITIGATION COSTS IN SUMMARY EJECTMENT MATTERS; TO MAKE CLARIFYING CHANGES TO LANDLORD-TENANT LAW; AND TO ADJUST THE APPLICABILITY OF HOMEOWNERS' ASSOCIATIONS' DECLARATION AMENDMENTS TO HOMEOWNERS.

Amends GS 42-14.1 (bar on local rent control regulations) to also bar local governments from enacting, maintaining, or enforcing any ordinance or resolution which prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes funding from a federal housing assistance program. Makes conforming changes to section title and organizational changes.

Enacts new GS 42-47, pertaining to service and support animals. Defines health service professional, person with a disability, service animal, support animal, and therapeutic relationship. Bars a landlord from doing any of the following based, in part, upon a tenant, applicant, or household member’s status as a person with a disability or use of a service or support animal: (1) terminate or fail to renew a tenancy; (2) refuse to enter into a rental agreement; (3) impose different terms, conditions, or privileges in the renal of a dwelling; or (4) otherwise make unavailable a dwelling unit or otherwise retaliate in the rental of a dwelling. Permits the landlord to require written verification from a healthcare provider if the disability is not observable or already known. Permits such written verification to be provided by an out-of-state provider if a person is moving from another state.

Provides for a private right of action for a landlord against any person who intentionally or knowingly does any of the following: (1) misrepresents to a landlord that the person is a person with a disability or that the person has a disability-related need for the use of a service animal or a support animal; (2) makes a materially false statement to a health service professional for the  purpose of obtaining documentation or verification that the person has a disability-related need for the use of a service animal or a support animal; (3) provides a document or verification to a landlord that misrepresents that an animal is a service animal or a support animal; (4) fits an animal that is not a service animal or a support animal with an item that would cause a reasonable person to believe that the animal is a service animal or a support animal; (5) does any of the following as a health service professional: (i) verifies a person's disability status and need for a service animal or a support animal without personal knowledge of the person's condition adequate to provide a reliable verification or (ii) charges a fee for providing a written verification for a person's disability status and need for a service animal or a support animal and provides no additional service to the person, unless the health service professional has an ongoing relationship with a person with a disability or conducts a good-faith consultation with a person with a disability for the purpose of providing a diagnosis and treatment recommendation.

Specifies that a landlord prevailing in a private action can recoup actual damages and permits the court to award civil penalties between $500 and $1000 for each violation.

Clarifies that landlords are still permitted to require persons with a service/support animal to comply with the terms of the lease, pay for the cost of repairs to the dwelling unit resulting from the service/support animal, and subject to applicable law, sign an addendum or other agreement that sets forth the responsibilities of an owner of a service/support animal in a dwelling unit.

Provides that, subject to any other State, federal, or local law, a landlord who permits a service/support animal in a dwelling unit is not liable to another person for injury caused by the person’s support/service animal.

Amends GS 42-53 to exempt service/support animals from pet fees charged by landlords. Effective January 1, 2024, and applies to rental agreements or leases entered into on or after that date.

Amends GS 42-46 (pertaining to fees, costs, and expenses authorized to be imposed in any residential rental agreement) to allow for late fees to be imposed when rent is five calendar days late. (Currently statute just specifies five days late.) Amends the litigation costs provision to add an attorneys’ fees provision for small claims and summary ejectment, which is not to exceed for small claims hearings more than 15% of the amount owed by the tenant or 15% of the tenant’s monthly rent stated in the lease if eviction is based on default other than nonpayment of rent, and all actual reasonable attorneys’ fees paid or owed for any appeals of summary ejectment matters. Effective when the act becomes law and is intended to apply retroactively to all pending controversies as of that date. States that these amendments are intended to be clarifying of the General Assembly's intent under previous amendments to this statute.

Amends the NC Condominium Act by enacting GS 47C-2-117.1A, pertaining to amendments of a declaration of condominium, and GS 47F-2-117.1, pertaining to amendments of a declaration of planned communities, as follows. Specifies that amendments made to the declaration pursuant to GS 47C-2-117 will only affect unit owners whose units are conveyed or transferred after the amendment takes effect. Provides that for amendments made while a unit owner owns a unit, the amendment has no effect until the unit is conveyed or transferred to another unit owner and that a unit owner takes the unit subject to existing rules in the declaration at the time of conveyance or transfer of the unit.

Intro. by Bradford, Hardister, K. Hall.GS 42, GS 47C, GS 47F
H 552 (2023-2024) 2023 MOMNIBUS ACT. Filed Apr 3 2023, AN ACT TO ENACT THE NORTH CAROLINA MOMNIBUS ACT.

Identical to S 467, filed 4/3/23.

Includes whereas clauses.

Part I.

Requires the Department of Health and Human Services (DHHS) to establish and administer a Maternal Mortality Prevention Grant Program (grant program) to award grants to eligible entities to establish or expand programs for the prevention of maternal mortality and severe maternal morbidity among black women. Requires applicants to be community-based organizations offering programs and resources aligned with evidence-based practices for improving maternal health outcomes for black women. Requires DHHS, beginning July 1, 2023, to conduct outreach to encourage eligible applicants to apply and provide application assistance. Awards a maximum of five grants with amounts ranging from $10,000 to $50,000. Sets out criteria to be considered when awarding the grants, including establishing categories of applicants that are to be given special consideration. Sets out the types of technical assistance DHHS must provide. Requires DHHS to report to the specified NCGA committee and division by October 1, 2025, and October 1, 2026; sets out issues to be addressed in those reports. Sets the grant program to expire on June 30, 2025.

Appropriates the following from the General Fund to DHHS, Division of Public Health, for 2023-24: (1) $93,513 in recurring funds to establish a Public Health Program Coordinator IV position with responsibilities related to the grant program and (2) $395,500 in recurring funds to be allocated to the grant program, allowing up to 10% of the funds to be used for administrative purposes. Appropriates those same amounts for similar purposes in 2024-25. Authorizes DHHS to hire a Public Health Program Coordinator IV. Effective July 1, 2023.

Part II.

Enacts new GS 130A-33.62, providing as follows. Requires DHHS, in collaboration with (1) community-based organizations led by black women that serve primarily black birthing people and (2) a historically black college or university or other institution that primarily serves minority populations to create or identify an evidence-based implicit bias training program (training program) for health care professionals involved in perinatal care (the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods). Sets out 12 minimum components of the training program, including identification of previous or current unconscious biases and misinformation; identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion; corrective measures to decrease implicit bias at the interpersonal and institutional levels; and information about how to communicate more effectively across identities. Requires all health care professionals to complete the training program, specifying deadlines for completion depending on whether the individual is licensed before or after January 1, 2024. Requires proof of completion for license/registration/accreditation/certification renewal. Defines a health care professional as a licensed physician or other health care provider licensed, registered, accredited, or certified to perform perinatal care and regulated under the authority of a health care professional licensing authority. Encourages DHHS to seek opportunities to make the training program available to all health care professions and to promote its use among four specified types of providers and programs. Requires DHHS to collect specified information related to maternal mortality to inform ongoing improvements to the training program.

Enacts GS 130A-33.63 specifying that a patient getting care at a perinatal care facility (a hospital, clinic, or birthing center providing perinatal care in the state) has six listed rights, including: to be informed of continuing health care requirements following discharge; to actively participate in decisions regarding the patient's medical care and the right to refuse treatment; and to receive care and treatment free from discrimination on the basis of age, race, ethnicity, color, religion, ancestry, disability, medical condition, genetic  information, marital status, sex, gender identity, gender expression, sexual orientation, socioeconomic status, citizenship, nationality, immigration status, primary language, or language proficiency. Requires perinatal care facilities to provide patients upon admission with a written copy of the rights.

Part III.

Appropriates $500,000 for 2023-24 and 2024-25 from the General Fund to the UNC Board of Governors to recruit, train, and retain a diverse workforce of lactation consultants in the state by supporting the infrastructure and sustainability of lactation consultant training programs at historically Black colleges and universities in the state. Requires the funds to be distributed equally between North Carolina Agricultural & Technical State University and Johnson C. Smith University to cover costs incurred by each university for administering a lactation training program, including, but not limited to: (1) leasing or other costs for teaching facilities or approved clinical training sites, (2) student aid or scholarships, and  (3) compensation for lactation consultant training program teachers and preceptors. Requires the DHHS Office of Minority Health and Health Disparities (Office) to provide technical assistance on specified topics to those same two universities. Requires the Office to report to the specified NCGA committees by May 1, 2026; sets out the reporting requirements. Effective July 1, 2023.

Part IV.

Unless otherwise provided, effective October 1, 2023.

Intro. by von Haefen, Hawkins, Cunningham, Alston.APPROP, GS 130A
H 553 (2023-2024) EXPAND TANF ELIGIBILITY TO INCLUDE PREGNANCY. Filed Apr 3 2023, AN ACT TO EXPAND TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)/WORK FIRST PROGRAM ASSISTANCE BENEFITS TO INCLUDE A WOMAN WHO IS PREGNANT.

Identical to S 468, filed 4/3/23.

Amends the definitions provision of GS Chapter 108A (pertaining to social services), GS 108A-24 as follows. Includes a pregnant woman in the definition of family for the purposes of the Work First Program. Amends Work First Family Assistance to mean a program of time-limited periodic assistance to assist eligible families while the adult family members engage in activities to prepare for entering and to enter the workplace. (Currently, period time-limited payments are to assist in maintaining children of eligible families.)  

Intro. by Staton-Williams, F. Jackson, Price.GS 108A
H 554 (2023-2024) CRITICAL CAPITAL INFRASTRUCTURE FUNDS/NCICUS. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS FOR CRITICAL CAPITAL INFRASTRUCTURE AND REPAIRS AND RENOVATION PROJECTS AT CERTAIN NORTH CAROLINA INDEPENDENT COLLEGES AND UNIVERSITIES INSTITUTIONS.

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Appropriates $16 million in nonrecurring funds for 2023-24 from the State Capital and Infrastructure Fund to the Office of State Budget and Management for a grant to North Carolina Colleges and Universities for capital improvement projects. The funds shall be equally distributed to (1) Bennett College; (2) Johnson C. Smith University; (3) Livingstone College; (4) Saint Augustine’s University; (5) Shaw University; (6) Chowan University; (7) Louisburg College; and (8) North Carolina Wesleyan University. Effective July 1, 2023.

Intro. by Hawkins, Hardister, Warren, Gill.APPROP
H 555 (2023-2024) FUNDS/SPRING LAKE PARKS. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS FOR PARK DEVELOPMENT AND MAINTENANCE IN THE TOWN OF SPRING LAKE.

Appropriates $2 million in nonrecurring funds for 2023-24 from the General Fund to the Town of Spring Lake to be used as title indicates. Effective July 1, 2023.

 

Intro. by Lucas.APPROP, Cumberland
H 556 (2023-2024) TRANSLITERATOR LICENSING BOARD MODS. Filed Apr 3 2023, AN ACT TO MODIFY THE LICENSING REQUIREMENTS FOR TRANSLITERATORS AND INTERPRETERS.

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Amends requirements for interpreter and transliterator licensure. Amends certification requirements under GS 90D-7 to include North Carolina Interpreter and Transliterator Licensing Board (Board) approved national entities in lieu of certification by the Registry of Interpreters for the Deaf, Inc and removes the option of holding a quality assurance North Carolina Interpreter Classification System level A or B. Amends GS 90D-8 to include a requirement of a two-year associate degree in interpreting from an accredited institution (was, one of the four options) for provisional licensure as an interpreter or transliterator; also raises the minimum assessment score for Educational Interpreter Performance Assessment (EIPA) from 3 to 3.5 and allows for other certifications from Board-approved bodies to be considered for licensure. To meet statutory hourly requirements, interpreters and transliterators shall provide documentation when applying for provisional licensure. Effective October 1, 2023.

Requires the North Carolina Interpreter and Transliterator Licensing Board to adopt temporary rules to implement the provisions of this act, which will remain in effect until permanent rules that replace the temporary rules become effective.

Intro. by Blackwell, Wheatley, White, Fontenot.GS 90D
H 557 (2023-2024) NORTH CAROLINA HEALING ARTS COMMISSION. Filed Apr 3 2023, AN ACT TO ESTABLISH THE NORTH CAROLINA HEALING ARTS COMMISSION AND TO CREATE LICENSURE PROCESSES FOR REFLEXOLOGISTS, NATUROPATHIC DOCTORS, AND MUSIC THERAPISTS.

To be summarized.

Intro. by Warren, Riddell.
H 558 (2023-2024) FUNDS FOR MATERNAL HEALTH PROGRAMS. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS TO VARIOUS ORGANIZATIONS THAT SUPPORT MATERNAL HEALTH IN BLACK COMMUNITIES.

Identical to S 469, filed 4/3/23.

Appropriates $1.25 million for 2023-24 from the General Fund to the Office of State Budget and Management to be used for supporting maternal health in black communities by directing grants in equal amounts to: (1) Equity Before Birth, (2) Mobilizing African-American Mothers through Empowerment, (3) Momma’s Village-Fayetteville, Inc., (4) Jace’s Journey, Inc., and (5) Sistas Caring 4 Sistas, Inc. Effective July 1, 2023.

Intro. by Hawkins, von Haefen, Staton-Williams.APPROP
S 559 (2023-2024) FUNDS FOR CROSSNORE COMMUNITIES FOR CHILDREN. Filed Apr 3 2023, AN ACT APPROPRIATING FUNDS TO CROSSNORE COMMUNITIES FOR CHILDREN TO ADDRESS THE FOSTER CARE CRISIS IN NORTH CAROLINA.

Appropriates $2 million in nonrecurring funds for 2023-24 from the General Fund to the Office of State Budget and Management, to be used as a grant to Crossnore Communities for Children as title indicates. Specifies that the services would be open to children from all across North Carolina and be delivered from Winston-Salem, Crossnore, and Hendersonville. Effective July 1, 2023.

Intro. by A. Baker.APPROP, Avery, Forsyth, Henderson
H 560 (2023-2024) DIAGNOSTIC IMAGING PARITY. Filed Apr 3 2023, AN ACT TO PROVIDE HEALTH COVERAGE PARITY FOR BREAST CANCER DIAGNOSTIC IMAGING.

Repeals GS 58-65-92 (hospital or medical service plans required to cover mammograms and cervical cancer screening). Repeals GS 58-67-76 (health care maintenance organization health care plans required to cover mammograms and cervical cancer screening).

Recodifies GS 58-51-57 as GS 58-3-271. Amends GS 58-3-271 (health benefit plan coverage for screening and diagnostic examinations for breast and cervical cancer) to do the following:
(1) Define cost sharing requirements and updates definitions for various diagnostic techniques for cervical and breast cancer;
(2) Make required coverage of examinations and lab tests for screening for early detection of cervical cancer and low-dose screening mammography with the same deductible, coinsurance, and other limitations as similar covered services applicable to all health benefit plans in the State; and
(3) Require that health benefit plans in the State which cover diagnostic examinations for breast cancer ensure that the cost-sharing requirements for breast cancer diagnostic or supplemental exams are not less favorable than the cost sharing requirements applicable to breast cancer screening examinations. Make additional conforming and technical changes.

Amends GS 135-48.51 to make GS 58-3-271 applicable to the State Health Plan.

Effective October 1, 2023, and applies to insurance contracts entered into, renewed, or amended on or after that date.

Intro. by Belk, Carney, White, Lambeth.GS 58, GS 135
H 561 (2023-2024) NORTH CAROLINA COERCED DEBT RELIEF ACT. Filed Apr 3 2023, AN ACT TO PROVIDE CIVIL RELIEF FROM COERCED DEBT.

Finds that survivors of domestic violence and the children of domestic violence survivors undergo multiple forms of abuses, including monetary abuse, and that survivors of domestic violence need multiple pathways to remedy coerced debt and to repair credit reports. Declares that the public policy of this State to provide remedies for economic abuse against domestic violence survivors.

Enacts Chapter 1H of the General Statutes, the North Carolina Coerced Debt Relief Act. Defines claimant as person or an entity who has or purports to have a claim against a debtor arising from coerced debt, or that person's or entity's successor or assignee. This definition includes, but is not limited to, a debt collector or a debt buyer. The term does not include a person who caused the claim to arise through duress, intimidation, threat of force, force, fraud, or undue influence perpetrated against the debtor.

Defines coerced debt as a particular debt, or portion thereof, for personal, family, or household use in the name of a debtor who is a victim of domestic violence as defined in GS 50B-1, or a victim of domestic abuse as defined in GS 14-32.3(a), or a current or former child in foster care as defined in GS 131D-10.2, incurred as a result of duress, intimidation, threat of force, force, or undue influence.

Defines adequate documentation as documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any of the following: (1) a police report; (2) a Federal Trade Commission identity theft report identifying a particular debt, or portion thereof, as coerced, but not as identity theft; (3) court order issued under Chapter 50 or Chapter 50B of the General Statutes relating to domestic violence, Chapter 7B of the General  Statutes relating to an abused, neglected, or dependent juvenile, or GS 108A-106 relating to disabled adults; (4) a sworn written certification from a qualified third-party professional based on information they received while acting in a professional capacity. This documentation must be signed by a qualified third-party professional and display the letterhead, address, and telephone number of the office, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, the qualified third-party professional, or, if the qualified third-party  professional is self-employed, the documentation shall display the letterhead, address, and telephone number of the qualified third-party professional.

Defines debtor as the person who owes or is otherwise liable for coerced debt.

Also defines abuse, claim, fraud, immediate family member, person, qualified third-party professional, and sworn written certification.

Prohibits a person from causing another person to incur a coerced debt. Specifies that a person who causes another person to incur a coerced debt will be civilly liable to the claimant (i.e., creditor) for the amount of the debt, or portion of the debt to be determined by a court, plus the claimant’s attorneys’ fees or costs. Specifies that GS 1H does not apply to secured debts nor does it authorize a court to order a claimant to refund any money already paid on a debt that is found to be coerced. Further specifies that GS 1H does not diminish the rights of a claimant to recover payment for a coerced debt or debts from the person who coerced a debtor into incurring that debt. Clarifies that GS 1H does not reduce or eliminate any other rights or defenses available to a debtor or claimant pursuant to any other law.

Sets forth the following process for debtor who alleges a coerced debt to seek review of the debt by the claimant claiming the debt. Requires a claimant to stop collection until it concludes review after receiving adequate documentation and the debtor’s sworn written certification that a particular debt, or portion thereof, is a coerced debt. Requires a claimant to notify any consumer credit reporting agencies to which the debt has been reported, that the debt is in dispute within 10 business days of receiving the statement and adequate documentation. Requires claimant to provide written instructions to a debtor on the form and documentation required to allege a coerced debt if the information is provided orally or is incomplete. 

Requires the claimant to initiate a review considering all of the information provided by the debtor and other information available to the claimant in its file. Within 30 days of completing the review, the claimant must notify the debtor in writing of the claimant's determination and the good-faith basis for that determination. The claimant must not not recommence collection activities until the debtor has been notified in writing of the good-faith determination that the information does not establish that the particular debt, or portion thereof, is coerced debt. Provides that no inference or presumption that a debt is valid or invalid, or about the liability of the debtor for the debt, will arise if the claimant decides after its review to cease or recommence collection activities. Specifies that the exercise or nonexercised of rights under GS 1H is not a waiver of any other right or defense of the debtor or claimant.

Requires a claimant who has ceased collection activities and does not recommence those activities to do the following: (1) if they have furnished adverse information to a consumer credit reporting agency regarding the debtor and a particular debt, or portion thereof, notify the agency to delete that information no later than 10 business days after making its determination and (2) if the claimant is a debt collector, notify the creditor no later than 10 business days after making its determination that collection activities have been terminated based upon the debtor's assertion that a particular debt, or portion thereof, being collected is coerced debt.

Requires a debtor to provide notice to a claimant if they are going to file a lawsuit or other action against the claimant in connection with the coerced debt 30 days before filing suit. Specifies rules relating to that notice. Prevents a debtor from filing an action against a claimant if the claimant informs the debtor that it has ceased all efforts to collect on the particular debt, or portion thereof, identified in the debtor’s pre-suit notice, discussed above, and the debtor receives a written notice of cessation before the expiration of the 30-day time period discussed above. Sets the following as preconditions to a lawsuit against a claimant brought by a debtor in connection with a coerced debt: (1) expiration of the 30-day period and the collection activities have not ceased or the debtor has not received written notice that collection activities have ceased; or (2) the debtor receives written notice of the claimant’s good-faith determination that the information does not establish that the particular debt, or portion thereof, is coerced debt.

Authorizes a claimant to bring suit against a claimant to establish that a particular debt, or portion thereof, is a coerced debt, both by filing directly or by cross-complaint in an action brought by the claimant against the debtor to recover the debt.  If the action is initiated by cross-complaint, the pre-suit notice discussed above is not required. Requires the debtor to plead with particularity and to attach the documents originally provided to the creditor (discussed above) to the complaint. Specifies that if the debtor establishes by a preponderance of the evidence that the debt is a coerced debt, they are entitled to the following relief: (1) a declaratory judgment that the debtor is not obligated to the claimant on the particular debt, or portion thereof, that is coerced debt; (2) an injunction prohibiting the claimant from holding or attempting to hold the debtor personally liable on the particular debt, or portion thereof, that is coerced debt, and prohibiting the claimant from enforcing a judgment related to the particular debt, or portion thereof, that is coerced debt against the debtor; (3) an order dismissing any cause of action brought by the claimant to enforce or collect on the particular debt from the debtor or, if only a portion of the debt is established as coerced debt, an order directing that the complaint and judgment, if any, in the action be amended to reflect only the portion of the particular debt that is not coerced debt. Authorizes the court to enter judgment against the person who coerced the debt if the debt is found to be coerced debt and that person is within the jurisdiction of the court and the evidence supports that finding. Directs the court to take steps to prevent abuse of the debtor or an immediate family member, including sealing court records, redacting personally identifiable information, and directing that any deposition or evidentiary hearing be conducted remotely.

Specifies that a debtor who knowingly files false motions, pleadings, or other frivolous or dilatory tactics will be liable for the claimant’s attorneys’ fees and costs in defending the lawsuit. Allows for a claimant to move for written findings regarding evidence related to the person who caused the coerced debt to be incurred.

Specifies that a claimant has standing to collect a debt by any lawful means from a person who coerced a debt when it has been determined that a debt is a coerced debt. Specifies statute of limitations for that action. Contains severability clause. Specifies that Chapter 1H applies only to debts incurred on or after July 1, 2023, except that a debtor may file a cross-complaint in an action filed by a claimant to collect a debt incurred prior to July 1, 2023, unless a final judgment has been entered in that action.

Effective July 1, 2023.  

Intro. by T. Brown, Howard, Bradford, Carney.GS 1H

The Daily Bulletin: 2023-04-03

PUBLIC/SENATE BILLS
S 174 (2023-2024) REV. LAWS TECH., CLARIFYING, & ADMIN. CHNGS. Filed Feb 28 2023, AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS.

AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS. SL 2023-12. Enacted April 3, 2023. Effective April 3, 2023, except as otherwise provided.

Intro. by P. Newton, Perry, Rabon.GS 105, GS 119
S 462 (2023-2024) HIGHWAY SAFETY OMNIBUS/ADDIT'L MAGISTRATES. Filed Apr 3 2023, AN ACT TO INCREASE STATE TROOPERS IN MECKLENBURG COUNTY, TO INCREASE MAGISTRATES IN MECKLENBURG COUNTY, TO REVISE CERTAIN PENALTIES FOR FAILURE TO STOP FOR A SCHOOL BUS AND AUTHORIZE THE USE OF VEHICLE REGISTRATION AS PRIMA FACIE EVIDENCE OF RESPONSIBILITY, TO EXPAND THE OPERATIONAL HOURS OF THE CHARLOTTE IMAP CENTER, AND TO APPROPRIATE FUNDS.

Identical to H 527, filed 3/29/23.

Section 1

Appropriates $960,429 in recurring funds and $1,006,488 in nonrecurring funds from the General Fund to the State Highway Patrol for 2023-24 to fund 12 full-time Trooper positions for District H5 of Troop H. Effective July 1, 2023.

Section 2

Increases the minimum number of magistrates required by GS 7A-133 for Mecklenburg County from 31.5 to 36.5. Appropriates $373,930 in recurring funds for 2023-24 and $15,140 in nonrecurring funds for 2023-24 from the General Fund to the Administrative Office of the Courts (AOC) to hire the five additional magistrates required by the act in Mecklenburg County. Effective July 1, 2023.

Section 3

Amends GS 20-217, which requires motor vehicles to stop for properly marked school buses when stopped in certain described instances, increasing the minimum fines as follows: for violation of the statute, from $500 to $1,000; for willful violation of the statute and also striking any person, from $1,250 to $2,250; and for willful violation of the statute and also striking a person that results in their death, from $2,500 to $3,500. Enacts a new subsection, establishing that it is prima facie evidence that the vehicle was operated by the person in whose name the vehicle was registered at the time of the violation whenever evidence is presented in any court or administrative hearing of the fact that a vehicle was operated in violation of the statute. Provides a similar provision with regard to operation by a renter of a rented vehicle. Applies to offenses committed on or after December 1, 2023. 

Section 4

Requires that $20 million in nonrecurring funds of the funds appropriated from the General Fund to the Department of Transportation (Department) for 2023-24 and $15 million in recurring funds of the funds appropriated from the General Fund to the Department for 2024-25 is to be allocated for the Department to record and store video from the Department's highway cameras.

Amends GS 132-1.1 to prohibit highway camera video records stored by the Department  from being disclosed except as provided in new GS 132-1.7B.

Enacts new GS 132-1.7B, providing as follows. Sets out and defines terms, including defining highway camera as a Department of Transportation (Department) video or digital camera, located on highway rights-of-way, for the purpose of monitoring vehicle traffic. Specifies that recordings under this statute are not public records. 

Allows a person to request disclosure of a recording through a written request to the Department that includes the name of the person making the request, date and approximate time of the activity, or otherwise identify the activity with reasonable particularity sufficient to identify the recording. Allows disclosure of a recording to only: (1) a person whose image or voice is in the recording; (2) a personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure; (3) a personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording; (4) a personal representative of a deceased person whose image or voice is in the recording; (5) a personal representative of an adult person who is incapacitated and unable to provide consent to disclosure. Requires disclosing only the portions of the recording relevant to the person's request. Prohibits a person receiving disclosure from recording or copying the recording. Requires the Department to make the disclosure or deny the request as promptly as possible. Sets out six factors the Department is to consider when deciding whether to grant or deny the request. Sets out the procedure under which the person seeking disclosure may apply to the appropriate superior court for a review of the denial of disclosure when disclosure has been denied or disclosure has not been made more than three business days after the request. Sets out conditions under which the court may order disclosure. Sets out individuals that must be notified and given an opportunity to be heard at the hearing.

Provides that recordings are to be released only pursuant to court order. Allows any person requesting release of a recording to file an action in the appropriate superior court for an order releasing the recording. Requires the request to state the date and approximate time of the activity captured in the recording or otherwise identify the activity with reasonable particularity sufficient to identify the recording to which the action refers. Sets out factors the court is to consider in determining whether to order the release of all or a portion of the recording. Limits the release to only those portions of the recording relevant to the person's request and allows placing conditions or restrictions on the release. Sets out individuals that must be notified and given an opportunity to be heard at the hearing.

Requires the Department to disclose or release a recording to a district attorney (1) for review of potential criminal charges, (2) to comply with discovery requirements in a criminal prosecution, (3) for use in criminal proceedings in district court, or (4) for any other law enforcement purpose and allows disclosure or release of a recording for suspect identification or apprehension or to locate a missing or abducted person.

Provides that the Department is not required to retain any recording subject to this statute for more than 30 days, unless a court of competent jurisdiction orders otherwise.

Provides that no civil liability arises from compliance with the statute, so long as the acts or omissions are made in good faith. 

Allows the Department to charge a fee for making a copy of a recording for release, not to exceed the actual cost. Prohibits the court from awarding attorneys' fees.

Prohibits using recordings subject to the statute for fines or private investigation. Provides that no elected official may review recordings subject to this statute, unless they meet the statute's disclosure criteria; excludes a county sheriff or district attorney if review of the recordings is within the scope of a criminal investigation. 

Effective July 1, 2023.

Appropriates $3 million in recurring funds for 2023-24 from the Highway Fund to the Department of Transportation to be used to expand the operational hours of the iMap and North Carolina Department of Transportation Metrolina Transportation Management Center in Charlotte to 24 hours a day, every day of the year. Effective July 1, 2023.

Intro. by Hunt, Marcus.APPROP, Mecklenburg, GS 7A, GS 20, GS 132
S 463 (2023-2024) HOME INSPECTORS LIC. MODS./CODE QUAL. BD. Filed Apr 3 2023, AN ACT TO MAKE MODIFICATIONS TO THE HOME INSPECTOR LICENSING BOARD POWERS AND FEES AND TO MAKE VARIOUS CHANGES REGARDING LICENSING AND EXAMINATION FOR CODE OFFICIALS AND POWERS OF THE NC CODE OFFICIALS QUALIFICATION BOARD.

Expands the powers of the Home Inspector Licensing Board (Board) set forth in GS 143-151.49(a) to include establishing requirements for pre-licensing program course sponsors and instructors. Increases the home inspector examination fee in GS 143-151.57 from $80 to $200.

Amends GS 143-151.13 (pertaining to requirements for code enforcement officials) to specify that in order to obtain a standard certificate an individual licensed to practice as an architect, general contractor, plumbing or heating contractor, electrical contractor, or professional engineer, must pass an exam issued by the Board; removes the requirement to complete a short course. Makes technical changes.

Amends GS 143-151.13A (pertaining to professional development programs (PE’s) for code enforcement officials) as follows. Requires PE course sponsors to pay an application fee of $100 per course (capped at $2,500 per calendar year) and a fee of $1 per approved credit hour per individual who successfully completes a PE. Requires code enforcement officials, upon approval of an alternate course by the Board to pay a fee of $1 per approved credit hour for any course they take that is not offered by a PE course sponsor approved by the Board.

Amends GS 143-138.1 (pertaining to certain instructional modalities on the State Building Code as well as certain postings) to authorize the Department of Insurance (Department) to develop an apprenticeship program to provide for training in the enforcement of the State Building Code and to charge a fee sufficient to cover its cost for the apprenticeship program.  Makes conforming change.

Amends GS 143-151 (the penalties provision of the Uniform Standards Code for Manufactured Homes) to require that the penalty for any violation of that code, Article 9B of GS Chapter 143, or any rules adopted under that article are to be in the amount set under federal regulation, 24 CFR 3282.10 (manufactured home procedural and enforcement regulations). (Currently, cannot exceed the amount set forth in 24 CFR 3282.10.)

Requires the Board, the Department, and the North Carolina Code Officials Qualification Board to adopt rules to implement the provisions of the act.

Effective October 1, 2023.

Intro. by Jarvis, Moffitt, Johnson.GS 143
S 464 (2023-2024) RAISE THE AGE OF SEXUAL CONSENT. Filed Apr 3 2023, AN ACT TO INCREASE THE AGE OF SEXUAL CONSENT FROM 16 YEARS OF AGE TO 18 YEARS OF AGE.

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Amends sections of the NC General Statutes related to sexual offenses by raising the age of sexual consent as follows. Amends GS 14-27.25 which addresses statutory rape. Increases the maximum age of statutory rape victims from 15 to 17 and reduces the minimum age gap between individuals from six to four years. Amends GS 14-27.30 which addresses statutory criminal sexual acts. Increases the maximum age of criminal sexual acts victims from 15 to 17 and reduces the minimum age gap between individuals from six to four years. Amends GS 14-178 which addresses incest. Changes the applicable ages of victims for Class B1 and C felonies to also include victims aged 16 and 17. Provides that no child under age 18 (was, 16) is liable if the other person is at least four years older when the incest occurred.  Amends GS 14-190.7 which prohibits dissemination of obscene material. Increases the maximum age of prohibited recipients from 16 to 18. Amends GS 14-202.1 which prohibits indecent liberties with children. Increases the age of perpetrator from 16 or older to 18 or older, and increases the age of victim children from under 16 to under 18. Amends GS 14-202.2 which addresses indecent activities between children by changing the age of the perpetrator from under the age of 16 to under the age of 18. Makes grammatical changes and makes language gender neutral. Applies to offenses committed on or after December 1, 2023.

Intro. by Jarvis, Britt, Sawyer.GS 14
S 465 (2023-2024) CITIES/REMOVE & DISPOSE OF ABANDONED VESSELS. Filed Apr 3 2023, AN ACT AUTHORIZING CITIES TO REMOVE ABANDONED VESSELS FROM NAVIGABLE WATERS IN THEIR ORDINANCE-MAKING JURISDICTION IN THE SAME MANNER AS COUNTIES AND GRANTING ALL COUNTIES THE SAME AUTHORITY TO REMOVE ABANDONED VESSELS FROM NAVIGABLE WATERS.

Amends GS 153A-132(i), a subsection permitting a county to adopt ordinances regarding the abandonment and removal of vessels in navigable waters, to make the subsection applicable statewide by removing the provision limiting applicability to the counties listed in GS 113A-103(2). 

Creates new GS 160A-205.6, with text substantially similar to GS 153A-132(i), which permits a city to adopt an ordinance prohibiting the abandonment of vessels in navigable waters within its jurisdiction. Applies the terms of GS 160A-303 to abandoned vessels in the same way that they apply to abandoned or junked motor vehicles. Defines an abandoned vessel as one that is (1) moored, anchored, or located for more than 30 days in a 180-day period without permission of the dock owner, or (2) in danger of sinking, has sunk, or is located in a way to be a hazard to navigation or danger to other vessels. Makes an exception to this definition for underwater archaeological remains such as shipwrecks that have been in place more than 10 years, unless removal is approved by the Department of Natural and Cultural Resources.

Clarifies that all local acts authorizing ordinances regulating the removal or disposal of abandoned vessels and all ordinances adopted pursuant to those acts remain in effect after the bill becomes law. 

Intro. by Lazzara.GS 153A, GS 160A
S 466 (2023-2024) HELP MEDICALLY COMPLEX CHILDREN. Filed Apr 3 2023, AN ACT TO PROVIDE COVERAGE OF COMPREHENSIVE GENOMIC TESTING TO MEDICAID BENEFICIARIES TWENTY-ONE YEARS OLD OR YOUNGER EXPERIENCING CERTAIN ACUTE OR COMPLEX ILLNESSES.

Includes whereas clauses.

Directs the Department of Health and Human Services, Division of Health Benefits (Division) to seek approval from the Centers for Medicine and Medicaid Services (CMS) to draw down a federal Medicaid match for coverage of comprehensive genomic testing for Medicaid beneficiaries 21 and younger. Establishes eight criteria for this coverage, including: (1) that the beneficiary is experiencing an acute or complex illness of unknown etiology as specified; (2) that the beneficiary is receiving inpatient hospital services in an intensive care unit or a high acuity pediatric care unit; (3) that genetic data generated from covered testing is primarily used for assisting the healthcare providers in the diagnosis and treatment of the beneficiary and is protected by HIPPA; and (4) the coverage begins on the date approved by CMS but no earlier than July 1, 2023.

Appropriates $500,000 in recurring funds from the General Fund to the Division for each year of the 2023-25 biennium to implement the described Medicaid coverage. Requires that the funds provide a State match for specified amounts of federal funds for each fiscal year and deems those federal funds appropriated to the Division to pay for the costs associated with the described Medicaid coverage. Effective July 1, 2023.

Intro. by Perry, Lee.APPROP
S 467 (2023-2024) 2023 MOMNIBUS ACT. Filed Apr 3 2023, AN ACT TO ENACT THE NORTH CAROLINA MOMNIBUS ACT.

Includes whereas clauses.

Part I.

Requires the Department of Health and Human Services (DHHS) to establish and administer a Maternal Mortality Prevention Grant Program (grant program) to award grants to eligible entities to establish or expand programs for the prevention of maternal mortality and severe maternal morbidity among black women. Requires applicants to be community-based organizations offering programs and resources aligned with evidence-based practices for improving maternal health outcomes for black women. Requires DHHS, beginning July 1, 2023, to conduct outreach to encourage eligible applicants to apply and provide application assistance. Awards a maximum of five grants with amounts ranging from $10,000 to $50,000. Sets out criteria to be considered when awarding the grants, including establishing categories of applicants that are to be given special consideration. Sets out the types of technical assistance DHHS must provide. Requires DHHS to report to the specified NCGA committee and division by October 1, 2025, and October 1, 2026; sets out issues to be addressed in those reports. Sets the grant program to expire on June 30, 2025.

Appropriates the following from the General Fund to DHHS, Division of Public Health, for 2023-24: (1) $93,513 in recurring funds to establish a Public Health Program Coordinator IV position with responsibilities related to the grant program and (2) $395,500 in recurring funds to be allocated to the grant program, allowing up to 10% of the funds to be used for administrative purposes. Appropriates those same amounts for similar purposes in 2024-25. Authorizes DHHS to hire a Public Health Program Coordinator IV. Effective July 1, 2023.

Part II.

Enacts new GS 130A-33.62, providing as follows. Requires DHHS, in collaboration with (1) community-based organizations led by black women that serve primarily black birthing people and (2) a historically black college or university or other institution that primarily serves minority populations to create or identify an evidence-based implicit bias training program (training program) for health care professionals involved in perinatal care (the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods). Sets out 12 minimum components of the training program, including identification of previous or current unconscious biases and misinformation; identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion; corrective measures to decrease implicit bias at the interpersonal and institutional levels; and information about how to communicate more effectively across identities. Requires all health care professionals to complete the training program, specifying deadlines for completion depending on whether the individual is licensed before or after January 1, 2024. Requires proof of completion for license/registration/accreditation/certification renewal. Defines a health care professional as a licensed physician or other health care provider licensed, registered, accredited, or certified to perform perinatal care and regulated under the authority of a health care professional licensing authority. Encourages DHHS to seek opportunities to make the training program available to all health care professions and to promote its use among four specified types of providers and programs. Requires DHHS to collect specified information related to maternal mortality to inform ongoing improvements to the training program.

Enacts GS 130A-33.63 specifying that a patient getting care at a perinatal care facility (a hospital, clinic, or birthing center providing perinatal care in the state) has six listed rights, including: to be informed of continuing health care requirements following discharge; to actively participate in decisions regarding the patient's medical care and the right to refuse treatment; and to receive care and treatment free from discrimination on the basis of age, race, ethnicity, color, religion, ancestry, disability, medical condition, genetic  information, marital status, sex, gender identity, gender expression, sexual orientation, socioeconomic status, citizenship, nationality, immigration status, primary language, or language proficiency. Requires perinatal care facilities to provide patients upon admission with a written copy of the rights.

Part III.

Appropriates $500,000 for 2023-24 and 2024-25 from the General Fund to the UNC Board of Governors to recruit, train, and retain a diverse workforce of lactation consultants in the state by supporting the infrastructure and sustainability of lactation consultant training programs at historically Black colleges and universities in the state. Requires the funds to be distributed equally between North Carolina Agricultural & Technical State University and Johnson C. Smith University to cover costs incurred by each university for administering a lactation training program, including, but not limited to: (1) leasing or other costs for teaching facilities or approved clinical training sites, (2) student aid or scholarships, and  (3) compensation for lactation consultant training program teachers and preceptors. Requires the DHHS Office of Minority Health and Health Disparities (Office) to provide technical assistance on specified topics to those same two universities. Requires the Office to report to the specified NCGA committees by May 1, 2026; sets out the reporting requirements. Effective July 1, 2023.

Part IV.

Unless otherwise provided, effective October 1, 2023.

Intro. by Murdock, Batch, Robinson.APPROP, GS 130A
S 468 (2023-2024) EXPAND TANF ELIGIBILITY TO INCLUDE PREGNANCY. Filed Apr 3 2023, AN ACT TO EXPAND TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)/WORK FIRST PROGRAM ASSISTANCE BENEFITS TO INCLUDE A WOMAN WHO IS PREGNANT.

Amends the definitions provision of GS Chapter 108A (pertaining to social services), GS 108A-24 as follows. Includes a pregnant woman in the definition of family for the purposes of the Work First Program. Amends Work First Family Assistance to mean a program of time-limited periodic assistance to assist eligible families while the adult family members engage in activities to prepare for entering and to enter the workplace. (Currently, period time-limited payments are to assist in maintaining children of eligible families.)  

Intro. by Salvador, Applewhite, Waddell.GS 108A
S 469 (2023-2024) FUNDS FOR MATERNAL HEALTH PROGRAMS. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS TO VARIOUS ORGANIZATIONS THAT SUPPORT MATERNAL HEALTH IN BLACK COMMUNITIES.

Appropriates $1.25 million for 2023-24 from the General Fund to the Office of State Budget and Management to be used for supporting maternal health in black communities by directing grants in equal amounts to: (1) Equity Before Birth, (2) Mobilizing African-American Mothers through Empowerment, (3) Momma’s Village-Fayetteville, Inc., (4) Jace’s Journey, Inc., and (5) Sistas Caring 4 Sistas, Inc. Effective July 1, 2023.

Intro. by Salvador, Murdock, Applewhite.APPROP
S 470 (2023-2024) NC CONSUMER FIREWORKS SAFETY ACT. Filed Apr 3 2023, AN ACT TO PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER FIREWORKS AND TO LEVY AN EXCISE TAX ON THE SALES OF CONSUMER FIREWORKS.

Amends GS 14-410 to establish that it is permissible for pyrotechnics that are consumer fireworks to be possessed, advertised, sold, used, transported, handled, or discharged within the state, so long as compliant with Part 2 of Article 82A of GS Chapter 58, enacted below. Modifies subsection (b) to change the age to which it is unlawful to sell pyrotechnics, establishing that it is unlawful for any individual, firm, partnership, or corporation to sell consumer fireworks, as defined in GS 58-82A-80, or pyrotechnics as defined in GS 14-414(2), (3), (4)c., (5), or (6) (currently does not include sale of consumer fireworks) to persons under the age of 18 (currently, under the age of 16). Makes conforming changes to the statute's title.

Amends GS 14-415 to make a violation of GS 14-410(b), as amended, a Class 1 misdemeanor rather than a Class 2 misdemeanor.

Recodifies GS 58-82A-1 through GS 58-82A-55 as Part 1 of Article 82A of GS Chapter 58, and names it Display Pyrotechnics Training Permitting, and enacts new Part 2, Consumer Fireworks, as follows. Defines consumer fireworks to mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (1) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (2) complies with the construction, chemical composition, and labeling regulations of the US Consumer Product Safety Commission, as set forth in the CFR, volumes 16 and 49; excludes novelties, sparking devices, and described rocket or aerial devices. Defines other terms applicable to new Part 2.

Prohibits use of consumer fireworks within a city unless that city has adopted an ordinance to allow the use and sale of consumer fireworks in accordance with new GS 160A-190.1. Places the following conditions on the possession and use of consumer fireworks: (1) the person possessing or using the consumer fireworks must be at least 18 years old; (2) the use of consumer fireworks may occur only between the hours of 10 am and 10 pm except for other specified times on July 4th, December 31st, January 1st, and the three days of Diwali; (3) the use of consumer fireworks is prohibited in or on the premises of a public or private primary or secondary school unless the person has received written authorization from the school; on the campus of a college or university unless the person has received written authorization from the college or university; and within 500 feet of a hospital, veterinary hospital, animal care facility, licensed child care facility, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances; and (4) the possession or use of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, state agency, or unit of local government owning or otherwise controlling the public park, or public space. Prohibits counties and cities from restricting or prohibiting the transportation of consumer fireworks across or through the county or city. Makes further clarifications as to transportation-related restrictions.

Prohibits selling consumer fireworks without a permit issued from the Commissioner of Insurance (Commissioner). Directs the Commissioner to issue rules to implement the statute. Requires permits of a fireworks retailer to be posted in a location visible to the public. Sets out conditions that must be met for permits to be issued to a person to operate a fireworks retailer including maintaining public liability and product liability insurance with minimum coverage limits of $5 million, and establishes permit fees. Sets out requirements that must be satisfied by all permittees, and the additional conditions that must be contained in any permit issued for a consumer fireworks permanent retailer or a consumer fireworks temporary retailer. Establishes that the fire code supersedes less stringent requirements of this Part.

Grants the Commissioner authority to prohibit the use of consumer fireworks during period of declared hazardous forest fire conditions subject to specified press release requirements for affected areas. 

Establishes that GS 14-415 (violations of the prohibition on the manufacture, sale, and use of pyrotechnics) and GS 58-2-70 (Civil penalties or restitution for violations; administrative procedure) apply to violations of Part 2. Authorizes the Commissioner, a State law enforcement officer, a municipal law enforcement officer, a code enforcement officer, or a fire safety official to petition the district court to seize or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, or used in violation of Part 2. Authorizes the Commissioner to assess a civil penalty in addition to or instead of suspending a permit pursuant to GS 52-82A-110, as enacted. Makes any violation of GS 58-82A-120 (appears to intend GS 58-82A-115, limitation on retail stand sales) a Class 1 misdemeanor.

Authorizes the Commissioner to suspend the permit of a person authorized to sell consumer fireworks or sparkling devices, or order the payment of a civil penalty, or both, for engaging in: (1) selling fireworks or explosives not authorized under Part 2; (2) selling consumer fireworks or sparkling devices within the state without a valid permit; (3) selling consumer fireworks or sparkling devices to a person who appears to be under the influence of alcohol or drugs; (4) knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18; or (5) selling consumer fireworks, sparkling devices, or novelties at a fireworks retail stand in violation of GS 58-82A-115, as enacted. Provides that it is an affirmative defense to any disciplinary action taken pursuant to this provision that the permit holder procured, furnished, gave, sold, or delivered consumer fireworks or sparkling devices to a person under the age of 18 in reasonable reliance upon fraudulent proof of age presented to the permit holder. Establishes that the civil penalty must be at least $1,000 but cannot exceed $10,000, and requires the Commissioner to consider specified factors in determining the amount issued. Sets forth that a person whose permit has been suspended or has been issued a civil penalty under this provision must receive a hearing before the applicable body within 10 days of the suspension, and if the decision is upheld, the person can seek judicial review in superior court. 

Makes it unlawful to sell, transfer, or distribute consumer fireworks, sparkling devices, or novelties at a fireworks retail stand unless the fireworks retailer obtains written authorization to conduct business from the owner or custodian of the property wherein the stand is located, if applicable, and there is adequate parking to accommodate customers of the fireworks retail stand and, if applicable, any other businesses that are on the premises. 

Requires certain safety labels on the packages of consumer fireworks, sparkling devices, or novelties authorized to be sold under Part 2, and requires fireworks retailers to provide a safety pamphlet created by the Office of the State Fire Marshall to the purchaser that outlines safe handling and best practices.

Directs the Commissioner to create a training course or identify an existing training course to train individuals on the function, safe handling, and best practices for the safe use of all categories of consumer fireworks. Also requires the Commissioner to create and maintain a list of persons who have completed the training. 

Enacts new GS 160A-190.1, allowing cities to, by ordinance, regulate the use and sales of consumer fireworks to the public, effective October 1 following adoption and until its repeal, with any repeal effective October 1 following the repeal. Provides that a city can enact an ordinance at any time, but ordinances adopted prior to January 1, 2024, become effective January 1, 2024.

Enacts Article 2E to Subchapter I of GS Chapter 105, requiring an excise tax to be levied on consumer fireworks at the rate of 5% of the cost price of the products. Establishes that a person who sells consumer fireworks at retail is subject to and liable for this tax. Sets forth other provisions pertaining to tax on consumer fireworks, including filing monthly reports, discounts for timely filing a report and timely paying the tax, refunds, recordkeeping, and use of the tax, including crediting 25% of the proceeds to the Firefighters' Education Fund with the remainder credited to the General Fund. Applies to the cost price paid for fireworks on or after January 1, 2024.

Enacts Article 85B to GS Chapter 58 to create the Firefighters' Education Fund within the Department of Insurance and administered by the Office of the State Fire Marshal, consisting of revenue credited from taxes under GS 105-113.125. Allows the Office of the State Fire Marshal to deduct administrative expenses, with the remaining revenues credited to be used to provide education and training to firefighters in the State. Defines firefighter.

Effective January 1, 2024, unless otherwise provided. Provides a saving clause for offenses committed before the effective date of the act. 

Intro. by Galey, Settle, Hanig.GS 14, GS 58, GS 105, GS 160A
S 471 (2023-2024) AUTOMATIC VOTER REGISTRATION. Filed Apr 3 2023, AN ACT TO PROVIDE FOR AUTOMATIC VOTER REGISTRATION AT DRIVERS LICENSE OFFICES, PUBLIC AGENCIES, COMMUNITY COLLEGES, AND COLLEGES AND UNIVERSITIES OF THE UNIVERSITY OF NORTH CAROLINA AND TO REQUIRE THE STATE BOARD OF ELECTIONS TO IMPLEMENT AN OUTREACH CAMPAIGN INFORMING CITIZENS ABOUT AUTOMATIC VOTER REGISTRATION.

Amends GS 163-82.3 and GS 163-82.6 authorizing county boards of elections to accept automatic voter registration.

Amends GS 163-82.19 to require, beginning January 1, 2024, the Division of Motor Vehicles, in consultation with the State Board of Elections, to develop and implement a method by which eligible individuals shall be automatically registered to vote.  Requires DMV officials taking driver's license applications to affirmatively inquire whether the applicant wishes to register to vote or update their registration, note the applicant's response, and register the applicant to vote if the applicant wishes.  The applicant must attest to the information provided for voter registration. Confidentiality of voter information must be maintained by the State Board of Elections.

The above provisions are effective January 1, 2024.

Amends GS 163-82.20 to require, beginning January 1, 2025, voter registration agencies (which include state offices that accept applications for public assistance, services for persons with disabilities, and unemployment benefits) to provide, in consultation with the State Board of Elections, an application process for automatic voter registration with each recertification, renewal, or change of address relating to the service or assistance of the agency.  Specifies certain procedural requirements substantially similar to those provided for in GS 163-82.19, as amended. Does not require an agency to provide automatic voter registration to a person with a disability at the person's home. Requires electronic transmittal of applications to the appropriate board of elections.

Amends GS 163-82.20A to authorize automatic voter registration at the time of restoration of citizenship, effective January 1, 2024. Further amends the statute to authorize online voter registration at the time of restoration of citizenship, effective January 1, 2025.

Amends GS 115D-5 and GS 116-11 to require, beginning January 1, 2025, the State Board of Community Colleges and the UNC Board of Governors, in consultation with the State Board of Elections, to provide each person enrolled and registering for courses as a student at a State community college or a State college or university in the UNC System the option for automatic voter registration. Specifies certain procedural requirements substantially similar to those provided for in GS 163-82.19. Provides that applications to register accepted by a State community college or constituent institution of UNC entitles a registrant to vote in any primary, general, or special election unless the registrant made application later than the 25th calendar day immediately preceding the election; permits continuing acceptance of applications during that period.

The above provisions are effective January 1, 2025.

Requires the State Board of Elections to develop education and outreach programs to inform voters of automatic registration procedures established by the act.

Intro. by Woodard, Batch, Meyer.GS 115D, GS 116, GS 163
S 472 (2023-2024) SCHOOL PSYCHOLOGIST OMNIBUS. Filed Apr 3 2023, AN ACT TO ENACT PROVISIONS RELATED TO IMPROVING THE NUMBER AND QUALITY OF SCHOOL PSYCHOLOGISTS IN NORTH CAROLINA.

Identical to S 448, filed 3/30/23.

Provides for salary supplements to school psychologists for the 2023-24 fiscal year to be provided in addition to any salary received under the teacher salary schedule, as follows: (1) $650 per month and (2) for school psychologists who have a National Certified School Psychologist Credential, 12% of their monthly salary. Appropriates $8.1 million in recurring funds from the General Fund to the Department of Public Instruction (DPI) for the compensation increase.

Enacts GS 115C-316.6, the school psychologists grant program, to provide funds to public school units for signing bonuses to recruit school psychologists subject to the following conditions: (1) DPI must prioritize the award of funds to public school units without a full-time psychologist at the time the application is submitted; (2) no individual bonus can be greater than $5,000; (3) the school psychologist must agree to remain employed in the public school unit for at least one year; and (4) grants must be used to supplement, not supplant, State or non-State funds already used for these services. Sets forth application requirements and instructs the Superintendent of Public Instruction to develop criteria and guidelines for the administration of the grants. By no later than April 1, 2024, and annually thereafter in years where funds are awarded, requires the superintendent of DPI to report to the specified NCGA committee and division on the grant program. Appropriates $1.7 million in recurring funds for 2023-24 from the General Fund to DPI for the grant program.

Requires DPI to reclassify at least one position within the department to serve as a full-time recruitment and retention coordinator to increase the number of school psychologists in public schools that have a demonstrated need that is difficult to fill by no later than September 1, 2023.

Enacts GS 115C-316.7 requiring DPI to establish an internship program for school psychologists in public school units. Sets forth stipend and field supervisor compensation. Appropriates $5 million in recurring funds from the General Fund to DPI for the internship program.

Appropriates $5 million in nonrecurring funds from the General Fund to the UNC Board of Governors for the 2023-2024 fiscal year to be allocated to Appalachian State University (ASU) to host a virtual school psychology training program at the ASU campus in Hickory, North Carolina.

Appropriates $1.6 million in recurring funds from the General Fund to the UNC Board of Governors for the 2023-24 fiscal year to be allocated to five specified constituent institutions to support the school psychology programs at those institutions with the goal of doubling the number of school psychologists produced.

Effective July 1, 2023.

Intro. by Sanderson, Corbin, Burgin.APPROP, GS 115C
S 473 (2023-2024) PCP AND PSYCHIATRISTS FORGIVABLE LOAN PROGRAM. Filed Apr 3 2023, AN ACT TO ESTABLISH THE PRIMARY CARE PROVIDERS AND PSYCHIATRISTS FORGIVABLE LOAN PROGRAM AND RESERVE AND TO APPROPRIATE FUNDS FOR THAT PURPOSE.

Establishes the Primary Care Providers and Psychiatrists Forgivable Loan Program (Program) to be administered by the State Education Assistance Authority (Authority) by enacting GS 116-209.47. States the purpose of the Program is to provide forgivable loans ($100,000 per year, not to exceed $400,000) to eligible students who agree to practice primary care medicine or psychiatry on a full-time basis in an eligible county. Defines authority, eligible county (a county designated as a development tier one or development tier two area in the annual ranking performed by the Department of Commerce pursuant to GS 143B-437.08), eligible school (a UNC medical school or eligible in-state private medical school), eligible student, loan, program, and reserve. Establishes Program eligibility requirements for initial and continuing participation in the Program. Requires all Program participants to be State residents and to attend an eligible school. Requires the Authority to adopt standards to ensure that only qualified, potential recipients receive a loan under the Program, to include priority for applicants from eligible counties and may include minimum GPA and satisfactory academic progress requirements. Authorizes the Authority to establish a lottery process for selection of Program participants if funds are insufficient to award forgivable funds to all eligible interested students.

Specifies seven terms and conditions for Program loans, including rules relating to promissory notes, interest, loan amounts, forgiveness and repayment, death and disability, hardship, and a catchall, allowing the Authority to establish other terms and conditions that are necessary or convenient to effectuate the Program. Authorizes the Authority to adopt rules necessary to implement, administer, market, and enforce the provisions of this statute (the Program).

Enacts GS 116-209.48, establishing the Program’s Reserve (Reserve). Establishes the Reserve as a non-reverting reserve to be administered by the UNC Board of Governors for the purpose of allocating funds to the Authority for the award of scholarship grants in accordance with GS 116-209.47 and associated administrative costs. Specifies that the Reserve consists of monies appropriated from the General Fund to the Reserve by the General Assembly, all funds received as repayment of loans, and all interest earned on those funds. Specifies that the funds do not revert at the end of each fiscal year but remain available until expended. Finds that there is a critical need in the State for primary care providers and psychiatrists in eligible counties which requires an increase in funds for four years to the Reserve. Appropriates from the General Fund to the Reserve the following amounts for each fiscal year to be used for the purposes set forth in GS 116-209.48: 2024-25 $2 million, 2025-26 $4 million, and 2026-27 $6 million. Appropriates for the 2027-28 fiscal year and each fiscal year thereafter, from the General Fund to the Reserve the sum of $8 million to be used for the purposes set forth in GS 116-209.48. When developing the base budget for each fiscal year specified in the act, the Director of the Budget must include the appropriated amount specified in this subsection for that fiscal year. Permits the Authority to retain up to 4% of the funds appropriated each year of the funds allocated to the Authority to award forgivable loans for administrative costs associated with the Program.

While loans are held or forgiven by the Authority, requires an annual report to the specified NCGA committees, the first of which is due by December 1, 2025, regarding the Program and loans awarded pursuant to the Program, including at least the following information: (1) forgivable loans awarded from the Reserve; (2) placement and repayment rates; (3) the balance of the Reserve; (4) recommendations to improve the Program and increase the number of licensed physicians practicing primary care medicine and psychiatry in eligible counties.

Effective July 1, 2023, and applies beginning with applications and the disbursement of loans in the 2024-25 fiscal year.

Intro. by Burgin, Krawiec, Corbin.APPROP, GS 116
S 474 (2023-2024) ACCESSING MIDWIVES ACT. Filed Apr 3 2023, AN ACT TO ESTABLISH THE CERTIFIED PROFESSIONAL MIDWIVES LICENSING ACT.

Enacts new Article 10B, Certified Professional Midwives, to GS Chapter 90. Prohibits any person from practicing or offering to practice midwifery without a Certified Professional Midwife or Certified Midwife license as provided in new Article 10B. Exempts the following circumstances from the licensure requirement: (1) an individual approved to practice midwifery under Article 10A (Midwifery Practice Act); (2) a physician licensed to practice medicine; (3) the performance of medical acts by a physician assistant or nurse practitioner as specified, (4) the practice of nursing by a registered nurse as allowed under Article 9A (Nursing Practice Act), (5) the rendering of childbirth assistance in emergency situations; (6) individuals present or assisting the certified professional midwife during the birth process as specified; and (7) traditional birth attendants practicing with families in distinct cultural or religious traditions that include their attendance, as described.

Sets forth legislative findings and includes definitions applicable to Article 10B. Defines certified midwife (CM) as a person who has obtained national certification from the American Midwifery Certification Board (AMCB), and a certified professional midwife (CPM) as a person with national certification from the North American Registry of Midwives (NARM). Defines midwifery as the provision of primary health or maternity care to childbearing people and infants.

Creates a seven-member North Carolina Council of Midwives (Council), with members appointed by the Secretary of Health and Human Services (Secretary; DHHS). Provides for initial members to be appointed on or before October 1, 2023, or within three months of the Article becoming law, whichever is later. Details Council member requirements and term limits and includes provisions for compensation, meeting procedures, and Council administration. Directs the Council to adopt rules within one year of the initial meeting to implement the Article. Enumerates 12 powers and duties of the Council, in consultation with the Division of Health Service Regulation (DHSR) of DHHS and with guidance from the National Association of Certified Professional Midwives Standards of Practice, including rulemaking, licensing, and disciplinary authority. 

Lists five requirements for licensure as a midwife, including completion of an application and payment of required fees, and completion of all required educational and clinical training and earning the national midwifery certification credential awarding by an accredited midwifery certification agency.

Lists 10 responsibilities of a licensed CPM, including the responsibility to provide care for the healthy client who is expected to have a normal pregnancy, labor, birth, and postpartal phase in the setting their choice; the responsibility to order routine antepartal or postpartal screening or lab analysis at a licensed lab or testing facility; and the responsibility to instruct the parents about newborn screening requirements. Directs a midwife licensed under Article 10B to display the license at all times in a conspicuous place where the midwife is practicing. Sets forth provisions for biennial license renewal, periods of lapsed licensure, and granting inactive status. Authorizes the Council to grant a license to a person residing in North Carolina licensed, certified, or registered to practice as a certified professional midwife in another jurisdiction if that jurisdiction's standards are substantially equivalent and the person submits an application and required fees. Directs the Council to establish a formulary of drugs and devices appropriate to midwifery care from which licensed midwifes are limited to dispensing from, subject to applicable state and federal laws and recordkeeping requirements. Directs the Council to set all fees under Article 10B and to pay all expenditures out of funds from the fees or other funds. Allows the Council to discipline applicants or licensees, after a hearing, under seven specified circumstances.

Authorizes the Council to apply to superior court to enjoin violations of Article 10B. Provides that no health care provider will be liable for an injury to a woman or infant arising during childbirth and resulting from an act or omission by a licensed certified professional midwife.

Effective October 1, 2023.

Intro. by Burgin.GS 90
S 475 (2023-2024) ADDITIONAL CITY OF PINETOPS POLICE OFFICER. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS TO PROVIDE A GRANT TO THE CITY OF PINETOPS TO HIRE ONE ADDITIONAL FULL-TIME POLICE OFFICER.

Appropriates $100,000 in nonrecurring funds for each year of the 2023-25 biennium from the General Fund to the Department of Public Safety as a grant to be used as title indicates. Effective July 1, 2023.

Intro. by Smith.APPROP, Edgecombe
S 476 (2023-2024) CIV. PRO./AMEND RULE 53 REFERENCE PROCEDURE. Filed Apr 3 2023, AN ACT AMENDING RULE 53 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE TO ALLOW REFERENCE IN FAMILY LAW MATTERS.

Amends Rule 53 of the Rules of Civil Procedure in GS 1A-1, subdivision (a)(1), to permit referral of alimony, child support, child custody, and equitable distribution issues and requests for attorneys fees related to those claims to a referee with the parties written consent. Specifies that this does not relieve parties of the obligation to participate in mediated settlement conferences or other required settlement procedures. Requires completion of the mandatory child custody and visitation mediation before issues of child custody an be referred Makes clarifying changes to the subdivision to change references from “actions” to “requests” and reference absolute divorce. 

Creates new sub-subdivision (a)(2)e., permitting compulsory referral by the court to a referee for alimony, child support, child custody, and equitable distribution issues and requests for attorneys fees related to those claims, except for requests for annulment, absolute divorce, or divorce from bed and board, if the court determines that the case involves a complicated issue of fact, classification, valuation, or income, and the court determines that the parties have the ability to pay the cost of the reference. Creates new sub-subdivision (a)(2)f., specifying that in cases with alimony, child support, child custody, or equitable distribution as a cause of action, where the parties do not consent to appointment of a referee, the court must not appoint one unless the movant consents to pay all the referee costs. 

Amends subsection (c) to require that a referee must be an attorney licensed to practice in North Carolina. Amends subsection (d) to specify that the referee’s costs are governed by GS 7A-305(d)(7). Amends subsection (e) to require that the order of reference to the referee must contain directions to determine all the issues or specific issues of the action, perform particular acts, or receive and report evidence only. Makes conforming changes.

Amends subdivision (f)(1) to require that a referee ordered to make findings of fact hold a hearing in the same manner as a court trying an issue without a jury unless the court appointing the referee orders otherwise and the parties consent. Amends subdivision (f)(3) to require that all proceedings and testimony before the referee must be recorded, but that a written transcript is not required unless ordered by the court. 

Amends subdivision (g)(2) to permit the court to schedule a hearing on its own motion after the filing of a report by a referee. 

Makes clarifying changes throughout to remove gendered language. 

Effective and applicable to orders for reference entered on or after December 1, 2023. 

Intro. by Galey, Britt, Overcash.GS 1A
S 477 (2023-2024) AMEND BUS. CORP. ACT/BUS. OPP. DISCLOSURES. Filed Apr 3 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE NORTH CAROLINA BUSINESS CORPORATION ACT AND TO ELIMINATE DUPLICATIVE STATE DISCLOSURE REQUIREMENTS FOR BUSINESS OPPORTUNITY SELLERS THAT FILE COMPARABLE DISCLOSURES WITH THE FEDERAL TRADE COMMISSION, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION, TO MODIFY THE RIGHT OF A SHAREHOLDER OF A CORPORATION TO INSPECT THE RECORDS OF A SUBSIDIARY ENTITY OF THAT CORPORATION, AND TO STANDARDIZE THE EVIDENCE REQUIRED TO PROVE A DEBT.

Part I.

Makes technical and clarifying changes to GS 55-1-40, setting forth the defined terms applicable to GS Chapter, the NC Business Corporation Act. Adds email and email address as defined terms. Eliminates the term means.

Amends GS 55-1-41, providing that written notice by a corporation to its shareholder is effective when deposited in the US mail with postage prepaid and correctly addressed to the shareholder's address shown in the corporation's current record of shareholders (previously applied to domestic and foreign corporations; corporation is defined to exclude foreign corporations except in two specified statutes). Adds authority for any notice by a corporation to be delivered to shareholders by email to the email address shown in the corporation's current record of shareholders, effective when sent as provided in GS 66-325, unless the shareholder has previously notified the corporation in writing objecting to receiving communications by email. Modifies current authority to send electronic records by other electronic means to qualify that this authority is subject to a shareholder providing notice of objection to the corporation. Now provides for shareholders to provide notice to the corporation of the shareholder's objection to receiving notices and other communications by email or other electronic means at any time on a prospective basis upon written notice to the corporation or upon a later date specified in the notice (previously referred to as a notice of termination). Enacts new subsection (c1), requiring cessation of notices or other communications delivered by email address or other electronic means if (1) the corporation receives notice from the information processing system that two consecutive notices or other communications have not been delivered as directed, and (2) the notice of non-delivery becomes known to the secretary, transfer agent, or another person responsible for notices and communications. Specifies that the inadvertent failure to recognize the notice of non-delivery as a cessation of authority to provide email or electronic notices does not invalidate any meeting or other action. Makes technical and clarifying changes. 

Amends GS 55-7-20, requiring the shareholders' list to show shareholders' email addresses or addresses for electronic transmission if meeting notices or communications will be sent by email or electronic means. Makes technical changes.

Amends GS 55-16-06 to specify that the existing two exceptions to the Chapter's notice requirements apply when the corporation is not permitted to deliver notice by email or other electronic means. Adds a third exception, also only applicable when the corporation is not permitted to deliver notice by email or other electronic means, to include instances where no address has been provided to the corporation by or on behalf of a shareholder and the corporation has not otherwise obtained an address it believes is reliable. Makes technical changes.

Makes the above provisions effective October 1, 2023, and applicably to noticed provided on or after that date.

Part II.

Amends GS 55-7-04 to limit existing authority for actions required or permitted to be taken at a shareholders' meeting to be taken without a meeting and without prior notice, so long as the articles of incorporation of a corporation that is not public at the time the action is taken, and if the action is taken by the minimum number of votes that would be necessary if all entitled to vote were present and voted, to corporations incorporated prior to October 1, 2023. Adds a new provision applicable to corporations incorporated on or after October 1, 2023, to allow for the same authority except to now require that taking action without a meeting is not prohibited by the articles of incorporation. No longer requires the action to bear the date of signature. Makes technical and clarifying changes. Effective October 1, 2023, and applies to written consents received on or after that date.

Part III.

Amends GS 55-10-02, which allows a corporation's board of directors to adopt certain amendments to the articles of incorporation without shareholder approval, to allow the board to delete a class of shares from the articles if the articles authorized the board to create the class and no shares of the class or rights to acquire shares of the class are outstanding. Effective October 1, 2023.

Part IV.

Amends GS 55-10-04, which allows a class to vote as a voting group on an amendment that meets any of ten descriptions listed. Enacts a new subsection (e), limited to amendments that would either (1) create a new class of shares having rights or preferences with respect to distribution or to dissolution that are prior, superior, or substantially equal to the shares of the class, or (2) increase the rights, preferences, or number of authorized shares of any class that, after giving effect to the amendment, have rights or preferences with respect to distributions or to dissolution that are prior, superior, or substantially equal to the shares of the class. Allows a class or series entitled to vote as a separate voting group on the two types of amendments above to be restricted in whole or in part if provided in the original articles of incorporation or by an amendment that is adopted prior to the issuance of any shares of the class or series or that is approved by a majority of the votes of the class or series entitled to be case on the amendment. Makes technical changes. Effective October 1, 2023. 

Part V.

Amends GS 66-95 regarding disclosure statements required of business opportunity sales contracts. Allows for franchisors to include material, other than the title and required statement on the cover sheet to the disclosure document, pursuant to 16 CFR Part 436 or guidelines of the NC Securities Administration Association. Now allows, alternatively to the ten specified information points required in the disclosure document, for the disclosure document to contain a franchise disclosure document that complies in all material respects with 16 CFR Part 436. Makes technical and clarifying changes.

Makes conforming changes to GS 66-97, regarding filing disclosure statements with the Secretary of State. Eliminates authority for the Secretary of State to accept the Uniform Franchise Offering Circular or the Federal Trade Commission Basic Disclosure Document along with required caption, statement, and other information required in GS 66-95. Makes technical and conforming changes. Makes language gender neutral. 

Part VI.

Requires the Revisor to print relevant portions of the Official Comments to the Model Business Corporation Act and all explanatory comments of the drafters of the act at the Revisor's discretion as annotations to GS Chapter 55.

Intro. by Galey, Overcash.GS 55, GS 66
S 478 (2023-2024) SMALL BUSINESS CAPITAL IMPROVEMENT ACCOUNT. Filed Apr 3 2023, AN ACT TO ALLOW SMALL BUSINESSES TO ELIMINATE STATE INCOME TAXES ON A PORTION OF REVENUE IF USED FOR CAPITAL EXPENDITURES.

Amends GS 105-153.5 (modifications to adjusted gross income) as title indicates. Adds to subsection (b) (other deductions) new subdivision (7a) allowing small businesses, as defined, to deduct a percentage of revenue used for capital expenditures, also defined, the percentage of which is determined by the amount of adjusted gross income. Adds to subsection (c) (additions to adjusted gross income) new subdivision (7a) requiring a taxpayer to include the amount deducted in a prior taxable year pursuant to (b)(7a) if the amount was withdrawn and not used to pay for capital improvements. 

Effective for taxable years beginning on or after January 1, 2023.

 

Intro. by Batch, Garrett, Chaudhuri.GS 105
S 479 (2023-2024) HIRE NC WORKERS. Filed Apr 3 2023, AN ACT TO PROVIDE TAX INCENTIVES FOR SMALL BUSINESSES TO HIRE NORTH CAROLINA WORKERS.

Includes whereas clauses.

Enacts new GS 105-129.16K, allowing a tax credit to an eligible small business that hires an employee who is a North Carolina resident. Defines an eligible small business as a business, other than an eligible restaurant, with cumulative gross receipts from business activity for the taxable year not in excess of $1 million, that has fewer than 99 employees, and is subject to income tax. Sets out the formula for calculating the amount of the credit, which is based on whether an employee is full time or part time. 

Allows an eligible restaurant that hires a delivery driver who is a North Carolina resident a tax credit and sets out the formula for calculating the amount of the credit, based upon whether the driver is full time or part time. Defines eligible restaurant as a restaurant properly registered and licensed to do business as a restaurant in the state that is subject to income tax.

Effective for taxable years beginning on or after January 1, 2023, and expires for taxable years beginning on or after January 1, 2024.

Intro. by Batch, Garrett, Smith.GS 105
S 480 (2023-2024) CAREGIVER TAX CREDIT. Filed Apr 3 2023, AN ACT TO ENACT THE FAMILIES AND VETERANS CAREGIVER TAX CREDIT.

Enacts GS 105-153.11, establishing a tax credit in the amount of $3,000 for a taxpayer that has a qualifying relative, as defined in the Code, that is a veteran of the US Armed Forces and $1,500 for a taxpayer with any other qualifying relative for which the taxpayer is allowed a federal exemption. Sets income limits that the taxpayer's adjusted gross income must be less than, based on filing status, to qualify for the credit, ranging from $75,000 for single or married/filing separately, to $150,000 for married/filing jointly/surviving spouse. Allows the credit for each qualifying relative of the taxpayer for whom the taxpayer is allowed a federal exemption. Provides calculations of the credit for nonresidents or part-year residents. Prohibits the credit from exceeding the income tax imposed by the State for the taxable year reduced by the sum of all credits allowable, except payments of tax made by or on behalf of the taxpayer.  Effective for taxable years beginning on or after January 1, 2023. 

Intro. by Batch, Garrett, Applewhite.GS 105
S 481 (2023-2024) SMALL BUSINESS INVESTMENT GRANT. Filed Apr 3 2023, AN ACT TO PROVIDE FUNDS TO ASSIST SMALL BUSINESSES.

Includes whereas clauses. Appropriates $250 million from the General Fund to the Department of Commerce (Department). Provides that the funds remain available for the act's purpose to provide grants to small businesses to offset the economic harm following the COVID-19 pandemic. Creates the COVID-19 Small Business Recovery Grant Program (Program) to be administered by the Department to provide a one-time grant to each qualifying business. Limits businesses that qualify under the Program to an entity that (1) is subject to income tax under Article 4, GS Chapter 105, (2) has annual receipts for the 2019 tax year of $8 million or less, and (3) suffered a reduction of at least 25% in sales tax collections resulting from the pandemic for the 2020 tax year when compared to the 2019 tax year. Provides for the Department to accept applications during a time frame and on a form it prescribes until appropriated funds are fully awarded. Caps awards at the lesser of (1) $250,000 or (2) the amount of reduction in sales tax collections of the qualifying business resulting from the pandemic for the 2020 tax year. Caps total awards under the Program at $250 million. Requires the Department to verify the business's qualifications with the Department of Revenue, and authorize necessary disclosures. Conditions awards on the business continuing operations for at least six months following receipt, with the Department authorized to clawback amounts for any portion of that time the grantee does not maintain operations. 

Amends GS 105-153.5 to allow a taxpayer to deduct from their adjusted gross income the amount granted to the taxpayer during the taxable year under the Program. Effective for taxable years beginning on or after January 1, 2023, and expires for taxable years beginning on or after January 1, 2024. 

Intro. by Batch, Garrett, Salvador.APPROP, GS 105
S 482 (2023-2024) BUSINESS INCOME TAX DEDUCTION. Filed Apr 3 2023, AN ACT TO ALLOW A BUSINESS INCOME TAX DEDUCTION.

Amends GS 105-153.5 to allow an individual paying income tax to deduct from the taxpayer's adjusted gross income up to $75,000 of net business income the taxpayer received during the taxable year. Provides that for a married couple filing jointly, if both spouses receive or incur net business income, the maximum amounts apply separately to each spouse's net business income, not to exceed a total of $150,000. Excludes from business income any income that is considered passive income. Effective for taxable years beginning on or after January 1, 2023.

Intro. by Batch, Garrett, Chaudhuri.GS 105
S 483 (2023-2024) $17/HOUR MIN. PAY FOR NONCERT. SCH. EMPLOYEES. Filed Apr 3 2023, AN ACT TO REQUIRE THE HOURLY RATE OF THE MINIMUM SALARY FOR NONCERTIFIED PUBLIC SCHOOL EMPLOYEES TO BE AT LEAST SEVENTEEN DOLLARS PER HOUR.

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Appropriates $144,700,000 in recurring funds from the General Fund to the Department of Public Instruction for 2023-24 to raise the minimum salary of noncertified public school employees to $17 per hour. Appropriations shall not be used as a replacement of current funding of noncertified public school employees, and only as a supplement to meet the $17 per hour minimum.

Effective July 1, 2023.

Intro. by Batch, Garrett, Smith.APPROP
S 484 (2023-2024) MAKE ELECTION DAY A STATE HOLIDAY. Filed Apr 3 2023, AN ACT TO MAKE THE STATEWIDE GENERAL ELECTION DAY AN OFFICIAL STATE HOLIDAY AND TO AMEND THE STATE HUMAN RESOURCES ACT TO MAKE THAT DAY A PAID HOLIDAY FOR STATE EMPLOYEES.

Amends GS 103-4 by making each statewide general election day a legal public holiday. Amends GS 126-4, requiring the State Human Resources Commission to count each statewide general election day as a paid holiday. Makes conforming changes.

Intro. by Batch, Garrett, Grafstein.GS 103, GS 126
S 485 (2023-2024) STUDY CELL PHONE USE IN SCHOOL. Filed Apr 3 2023, AN ACT TO CONDUCT A STUDY ON VARIOUS CELL PHONE POLICIES IN SCHOOLS.

Requires the Department of Public Instruction (DPI), in consultation with the Department of Health and Human Services (DHHS), the NC School Boards Association (Association), and the UNC Schools of Public Health and Education, to study cell phone policies in public elementary and secondary schools. Requires DPI to collect and analyze the following information from public school units: (1) whether the policy is implemented by the governing board of the public school unit or at the individual school level; (2) what the cell phone policy is, and specifically if the school uses any of the following policies: (i) complete ban on cell phone use or possession at school, (ii) storage of cell phones in a secure location during the instructional day, or (iii)  no cell phone restrictions; (3) the impact of the policy on learning; (4) the impact of the policy on cyberbullying; (5) the impact of the policy on school safety; and (6) a catchall, authorizing any other information DPI or consultant agencies deem relevant to the study. Requires DPI to report the results of the study to the specified NCGA committee and to include additional information about the schools studied, its recommendations regarding cell phone use, and estimated cost for implementing any recommended policies, if any. 

Intro. by Chaudhuri, Burgin.STUDY
S 486 (2023-2024) INCREASE JUROR PAY. Filed Apr 3 2023, AN ACT TO RAISE THE PAY RATE OF JURORS.

As title indicates, amends GS 7A-312(a) to increase the pay for jurors to the minimum wage under GS 95-25.3(a) for each hour of service as a juror, including a grand juror. Also grants jurors mileage at the same rate as state employees, where previously this mileage was only granted to jurors from out of the county where they were summoned.

Effective and applicable to jurors serving on or after December 1, 2023.  

 

Intro. by Applewhite, Batch, Grafstein.GS 7A
S 487 (2023-2024) TERM LIMITS FOR CONGRESS. Filed Apr 3 2023, A JOINT RESOLUTION APPLYING TO CONGRESS FOR AN ARTICLE V CONVENTION OF THE STATES FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO IMPOSE TERM LIMITS ON MEMBERS OF CONGRESS.

Substantively identical to H 151, filed 2/20/23.

Applies to Congress to call a convention limited to proposing an amendment to the US Constitution limiting the number of terms that a person may be elected as a member of the US House of Representatives and as a member of the US Senate. Requires the Secretary of State to transmit copies of this application to the named entities. Provides that this application is to be considered as covering the same subject matter as the applications from other states to Congress to call a convention to limit the number of terms that a person may be elected to for the US House and Senate and requires that the application be aggregated with those applications from other states for the purpose of attaining the two-thirds of states necessary to call a limited convention on this subject, but prohibits aggregation with any other applications on any other subject. Specifies that this is a continuing application until the legislatures of at least two-thirds of the states have made applications on the same subject.

Intro. by Johnson, Settle, Galey.JOINT RES, UNCODIFIED
S 488 (2023-2024) DIRECT CARE WORK WAGE INCREASES/INNOV. WAIVER. Filed Apr 3 2023, AN ACT TO INCREASE CERTAIN MEDICAID RATES IN ORDER TO RAISE THE WAGES OF DIRECT CARE WORKERS WHO PROVIDE SERVICES TO MEDICAID BENEFICIARIES RECEIVING SERVICES THROUGH THE NORTH CAROLINA INNOVATIONS WAIVER PROGRAM.

Identical to H 440, filed 3/22/23.

Sets forth the General Assembly’s intent to assist in increasing the hourly wages by an average of $6.50 per hour above the NC industry average hourly rate for direct care workers who provide services to Medicaid beneficiaries receiving services through the North Carolina Innovations waiver program, termed "Innovations direct care workers." Directs Department of Health and Human Services, Division of Health Benefits (DHB), to provide a rate increase to providers who provide services to Medicaid beneficiaries receiving services through the North Carolina Innovations waiver program who are either (1) enrolled in the Medicaid program or (2) approved financial managers or financial support agencies billing for waiver service hours provided by direct care workers hired by employers of record or managing employers under a self-directed option in accordance with Medicaid Clinical Coverage Policy 8-P: North Carolina Innovations. Requires the wage increase to be effectuated through a directed payment in accordance with 42 C.F.R. § 438.69(c) (pertaining to special contract provisions for certain delivery system and provider payments). Requires all Local Management Entities/Managed Care Organizations (LME/MCOs) to implement the wage increase, even when the Behavioral Health and Intellectual/Developmental Disabilities Tailored Plan (BH IDD Plan) becomes fully operational and implemented.  Directs DHB to determine the amount of the directed payment under this section in consultation with relevant stakeholders. Defines Innovations direct worker. Specifies that the directed payment will be effective on the effective date of the directed payment preprint approved by the Centers for Medicare and Medicaid Services.

Requires providers who employ Innovations direct care workers to attest and provide verification to the relevant LME/MCO that at least 75% of the funding that results are being used to increase the rate of pay paid to its Innovations direct care workers.  Authorizes DHB to set standards for documentation required for verification (such as payroll-based journals) for LME/MCOs to use. Requires providers receiving a rate increase under this section to keep documentation of the use of that rate increase and make the documentation available upon request by DHB or by the relevant LME/MCO. Allows DHB to recoup part or all of the funds if it determines that a provider did not use at least 75% of the resulting funding to increase the rate of pay paid to Innovations direct care worker employees.

Requires DHB to amend the Medicaid State Plan so that the reimbursement methodology used for services provided through the North Carolina Innovations waiver program and for intermediate care facilities for individuals with intellectual disabilities (ICF/IID) level group homes computes, on an annual basis, the impact of medical and wage inflation on the costs to providers providing services to Medicaid beneficiaries who receive services through the Innovations waiver program or who reside in an ICF/IID level group home. Specifies that, beginning with the 2025-26 fiscal year, the reimbursement methodology will annually adjust the rates for the services provided through the Innovation waiver and for ICF/IIDs. Requires DHB to make the corresponding adjustments to the capitation amounts paid to local management entities/managed care organizations (LME/MCOs), prepaid health plans operating a BH IDD tailored plan, or both, as appropriate. Directs DHB to consider the feasibility of developing and implementing a provider or payroll assessment mechanism for providers that provide services to Medicaid beneficiaries receiving services through the Innovation waiver.

Effective July 1, 2023, appropriates from the General Fund to DHB $90 million in recurring funds for each year of the 2023-25 fiscal biennium. Specifies that these funds will provide a State match for $174 million in recurring federal funds for each year of the 2023-25 fiscal biennium, and directs that those federal funds are appropriated to DHB.

Intro. by Burgin, Krawiec, Corbin.APPROP, UNCODIFIED
S 489 (2023-2024) ABC TECHNICAL/CLARIFYING CHANGES. Filed Apr 3 2023, AN ACT TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE ALCOHOLIC BEVERAGE CONTROL STATUTES.

Amends GS 18B-903(c), pertaining to a change of ownership of ABC permits as follows. Provides that any person who through contract, lease, management agreement, or change of ownership or transfer of business becomes lawfully entitled to use and control the premises of an establishment that holds an ABC permit immediately prior to the change of ownership may continue to operate the establishment to the same extent as the predecessor permit, including purchasing malt beverages, unfortified wine, or fortified wine to be resold for on-premises or off-premises consumption, or spirituous liquor for use in mixed beverage sold by the establishment as applicable under the permit. (Currently, no language about purchasing malt liquor and other beverages for resale.) Adds hold harmless language stating that the prior permittee is not liable for any acts or omissions of the non-permitting person operating the establishment. Specifies that if the license is suspended or revoked based on the acts of the non-permitting person operating the establishment, that the prior permittee is not precluded from receiving an ABC permit for a different establishment.  

Amends definition of bar under GS 18B-1000(1) to remove language excluding breweries, wineries or distilleries from the definition. Changes the term “Private Bar” to “Bar” in GS 18B-1001 (listing kinds of ABC permits and eligible places). Specifies that any establishment that possessed permits from the ABC Commission as a private bar as of July 7, 2022, and that meets the definition of a bar in GS 18B-1000, as amended, may renew any permits it possessed on July 7, 2022, for as long as the establishment remains in operation and makes it exempt from the regulation of food and licensing facilities provisions set forth in Part 6 of Article 8 of GS Chapter 130A. Effective retroactive to July 7, 2022.

Intro. by Moffitt, Johnson.GS 18B
S 490 (2023-2024) ABC OMNIBUS 2023. Filed Apr 3 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOL LAWS OF THIS STATE.

Enacts various changes to the alcohol laws of the State. 

Section 1: Defines premixed cocktail in GS 18B-101(8b) as a beverage with no more than 11% alcohol by volume made of spiritous liquor premixed with nonalcoholic beverages, flavoring, or coloring, and removes the reference to “premixed cocktail” in the definition of mixed beverage in subsection (10) of that section. Amends GS 18B-804(b)(8) to exempt premixed cocktails from the mixed beverage tax if the premixed cocktail comes in a closed package for resale. Amends GS 18B-1007(b) (Handling Bottles) to allow mixed beverage permit holders and their employees to handle premixed cocktails sold in a closed package for resale. 

Section 2: Creates GS 18B-209, which permits members and employees of the Alcoholic Beverage Control Commission (ABC Commission) to sample free products for sensory analysis and quality control, as long as the person sampling does not consume more than one 0.25 oz sample of each product. Creates GS 18B-707 which extends the same authority to members of a local ABC board. 

Section 3: Amends GS 153A-145.7 to allow a county to adopt an ordinance permitting Sunday operation of ABC stores if the local ABC board petitions the board of county commissioners to do so. Enacts the same procedure and authority for cities by amending GS 160A-205.3, and for the Eastern Band of Cherokee Indians tribe by creating new subsection (b2) in GS 18B-112. Makes clarifying changes to include the possibility of Sunday sales at ABC stores in GS 18B-802 and GS 18B-1004(c). Removes the prohibition in GS 18B-802(b) of ABC store sales on New Year’s Day, the Fourth of July, and Labor Day, and prohibits sell alcoholic beverages before noon on a Sunday, where Sunday sales are allowed.

Section 4: Creates new subsection (c) of GS 18B-105, which permits alcohol industry members to provide advertising specialty items and product displays (both as defined) to retailers as long as the cumulative value of items per brand is less than $1,000 per year and the items have not been customized for an individual permittee. Allows the use of industry branded plug-in coolers as long as the total value of the coolers is less than $1,500 per brand by amending GS 18B-809. 

Section 5: Amends GS 18B-1001(10) to permit mixed beverages permit holders that are a restaurant, hotel, private club, bar, and distillery permit holders to sell retail mixed beverages for off premises consumption, as long as they are packed in a container 750 ml or less, with a secure lid or cap that must be removed for consumption. Provides an exception to GS 20-138.7 for transportation of alcoholic beverages in a vehicle as long as the containers remain sealed, and an exception to the one drink limitation of GS 18B-1010 as long as the drinks are sold for delivery and consumption off premises. Makes conforming changes to GS 18B-1001.4 concerning allowable activities of a holder of a delivery service permit to include mixed beverages.

Section 6: Permits a mixed beverage permit holder to purchase spirituous liquor from any ABC store located in the same county as the permit holder by repealing subsection (c) and creating new subsection (g) in GS 18B-404. Makes conforming changes to GS 18B-600 and GS 18B-1007(a) to reference the ability of a permit holder to purchase from any ABC store in the county. 

Section 7: Prohibits mixed beverages permittees from destroying, altering, or defacing the mixed beverages tax stamp or anything else required to be affixed before the container has been emptied; allows a mixed beverage permit holders to cover tax stamps with clear adhesives to prevent the stamp from falling off by creating new subsection (e) of GS 18B-1007. 

Section 8: Creates new GS 18B-210, which requires a local ABC board that plans to sell allocated liquors, as defined, to create a plan that must be approved by the ABC Commission prior to sale, and limits the sale of allocated products to retail customers who are residents of the county where the local ABC board is located. Sets out requirements for the timing of the approval or denial of a plan. Includes a requirement to list all customers who purchase allocated products in monthly sales records under GS 18B-205(a). Makes the street address of a retail customer who purchased an allocated product confidential under GS 132-1.2(10). Creates a Class 1 misdemeanor offense for reselling or advertising for resell any allocated products purchased from a local ABC board in GS 18B-102(c). 

Section 9: Creates new GS 18B-211, which requires the ABC Commission to inform industry members and local ABC boards at least 60 days before the effective date of a retail price reduction for a spiritous liquor product. Limits the time that the price may be reduced to only the 30 days the approved reduction is in effect. Requires the ABC Commission to adopt rules to address orders placed by a local ABC board for a product with a retail price reduction when the product is out of stock. 

Section 10: Allows ABC stores to sell consumer specialty items, as defined, but prohibits the sale of any tobacco, vapor, or hemp product or paraphernalia, and permits the ABC Commission to approve a different retail price for spirituous liquor products packaged with branded specialty items by creating new subsection (b1) of GS 18B-800. Creates new subsection (b2) of that statute permitting ABC stores to sell physical or electronic gift cards, and subsection (b3) permitting ABC stores to sell empty barrels or parts of barrels from distillers. Amends subsection (c3) to allow an ABC to accept an online order for gift cards.  

Section 11: Creates new GS 18B-708, which permits the ABC Commission to approve sales of spirituous liquor products below the price paid by the local ABC board for the products, as long as the price reduction does not cause the local ABC board to operate at a loss, or if already operating at a loss, does not cause the board to incur additional annual net revenue losses. 

Section 12: Amends GS 18B-108 to permit alcoholic beverage sales on trains operating on rail lines that are at least 100 miles long and connected to the federal rail network. 

Section 13: Amends GS 18B-1114.7(b1)(6) to permit the sale of two mixed beverages to a customer per day, per distillery, for a consumer tasting under a spirituous liquor special event permit. 

Section 14: Extends the deadline for change of ownership permit applications to 120 days in GS 18B-903(c)(2)b., and allows the ABC Commission to extend this period in its discretion beyond 120 days. Makes a corresponding change in sub-subdivision c. 

Section 15: Contains a severability clause. 

Intro. by Moffitt, Johnson.GS 18B, GS 20, GS 132, GS 153A, GS 160A
S 491 (2023-2024) NC GENETIC COUNSELORS WORKFORCE ACT. Filed Apr 3 2023, AN ACT TO ESTABLISH THE GENETIC COUNSELORS LICENSURE BOARD AND TO REGULATE THE PRACTICE OF GENETIC COUNSELING.

Amends GS Chapter 90 by enacting new Article 44, pertaining to genetic counselor licensure. 

Defines the following terms ABGC (American Board of Genetic Counseling), ACGC (Accreditation Council for Genetic Counseling), ACS (Active Candidate Status conferred by the American Board of Genetic Counseling), Active Candidate Status (a person who has met the requirements established by the ABGC to take the ABGC certification examinations in general genetics and genetic counseling and has been granted this designation by ABGC), board, CEU, department, examination, genetic counseling, genetic counseling intern, genetic counselor, NSGC, qualified supervisor, reciprocity, referral, supervisee, supervision, and temporary license.

Establishes a five-member Genetic Counselors Licensure Board (Board) who serve staggered terms. All members must be State residents. Specifies that two members will be appointed by General Assembly, upon the recommendation of the Speaker of the House and President Pro Tempore of the Senate, respectively and will each serve three-year terms for their initial terms. The remaining three members will be appointed by the Governor, with the initial terms as follows: one to serve a three-year term, one to serve a two-year term and one public member to serve a one-year term. After expiration of the initial term, Board members will be appointed by the specified appointing authority for three-year terms. All except the public member must be licensed genetic counselors who will obtain licensure as soon as the first application period begins. Sets term limits of two consecutive terms. Specifies that a former member is eligible for appointment after a one-year period of not being a member of the Board. Provides for a process for filling vacancies. Bars Board members from participating in matters where they have a pecuniary interest or similar conflict of interest. Requires the Board to meet at least twice a year. Sets forth quorum and rules pertaining to how additional meetings may be called. Requires the Board to annually elect a chair, vice-chair, and secretary.

Bars the Board members from receiving compensation but allows for per diem and necessary travel expenses. Allows them to hire staff and to fix staff compensation. Bars the Board from employing staff to perform inspectional or ministerial tasks for the Board. Emphasizes that the State will not be liable for expenses incurred by the Board in excess of the income derived from Article 44.

Specifies that the Governor may remove a Board member for all of the following: (1) ceases to meet the qualifications specified in the act; (2) fails to attend three successive Board meetings without just cause a determined by the remainder of the Board; (3) is found by the remainder of the Board to be in violation of the provisions of Article 44 or to have engaged in immoral, dishonorable, unprofessional, or unethical conduct, and the conduct is deemed to compromise the integrity of the Board; (4) is found guilty of a felony or an unlawful act involving moral turpitude by a court of competent jurisdiction or is found to have entered a plea of nolo contendere to a felony or an unlawful act involving moral turpitude; (5) is found guilty of malfeasance, misfeasance, or nonfeasance regarding Board duties by a court of competent jurisdiction; and (6) is incapacitated and without reasonable likelihood of resuming Board duties, as determined by the Board.

Specifies the following powers and duties of the Board:

  • Administer, coordinate, and enforce the provisions of Article 44.
  • Adopt, amend, or repeal rules to administer and enforce Article 44.
  • Establish and determine qualification and fitness of applicants for licensure under Article 44.
  • Issue, renew, deny, suspend, revoke, or refuse to issue or renew any license under Article 44.
  • Establish fees for applications, initial and renewal licenses, and other services provided by the Board.
  • Discipline individuals licensed under Article 44.

Specifies that the Board may empower any member to conduct any proceeding or investigation necessary to its purposes and may empower its agent or counsel to conduct any investigation necessary to its purposes, but any final action requires a quorum of the Board. Provides for official seal. Requires the Board to submit an annual report to the Governor of its activities since the preceding July 1, including (1) names of all licensed genetic counselors to whom licenses have been granted; (2) any cases heard or decisions rendered; (3) recommendations of the Board for future actions and policies; and (4) a financial report. Requires all Board members to sign the report and provides for a member to record a dissenting view. 

Enacts GS 90-754, setting forth qualifications for licensure as a genetic counselor and an application process before the Board. Specifies that the applicant must meet the following criteria:

  • Submit an application prescribed by the Board.
  • Pay a fee determined by the Board.
  • Provide satisfactory evidence of having certification as a genetic counselor by the ABGC.
  • Is at least 18 years of age.
  • Is of good moral character and conducts all professional activities in accordance with accepted professional and ethical standards.
  • Has not engaged in any practice at any time that would be a ground for denial, revocation, or suspension of a license.
  • Has submitted the required criminal history record, as required by law.
  • Is qualified for licensure under the requirements of Article 44.

Allows for temporary licenses to be issued in certain circumstances and provides for reciprocity with other jurisdictions with substantially the same licensing requirements. Provides for an alternative application for licensure if the individual does not qualify as a genetic counselor under GS 90-754 but who has worked as a genetic counselor for at least 10 years preceding the enactment of Article 44 and provides documentation of all of the following: (1) has a master's or higher degree in genetics or a related field of study; (2) has never passed the ABGC certification examination; (3) submits three letters of recommendation from at least one genetic counselor who qualifies for licensure under this Article and a licensed physician; and (4) can provide documentation of attending NSGC-approved continuing education programs within the last five years. Except for temporary licenses, all licenses must be renewed every two years. Requires genetic counselors whose licenses have been suspended or revoked to return the original license to the Board.

Specifies that the scope of practice of genetic counseling includes all of the following:

  • Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, the patient's children, and other family members.
  • Discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions.  
  • Identify, order, and coordinate genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment.
  • Integrate genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases.  
  • Explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results.
  • Evaluate the client's or family's responses to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance.
  • Identify and utilize community resources that provide medical, educational, financial, and psychosocial support and advocacy.
  • Provide written documentation of medical, genetic, and counseling information for families and health care professionals.

Sets fee schedule. Sets forth requirements related to criminal history checks for all licensure applicants. Sets forth continuing education requirements.

Bars individuals from holding themselves out as genetic counselors unless licensed under Article 44.

Exempts an individual from the requirements of Article 44 if the following requirements are met: (1) any individual licensed by the State to practice in a profession other than genetic counseling when acting within the scope of the individual's profession  and doing work of a nature consistent with the individual's training (the individual cannot hold themselves out to the public as a genetic counselor); (2) any individual employed as a genetic counselor by the State, as well as the  federal government or an agency thereof, if the individual provides genetic counseling services solely under the direction and control of the organization by which the individual is employed; (3) a student or intern enrolled in an ABGC-accredited genetic counseling educational program if genetic counseling services performed by the student are an integral part of the student's course of study and are performed under the direct supervision of a licensed genetic counselor assigned to supervise the student and who is on duty and available in the assigned patient care area and if the person is designated by a title "genetic counseling intern."

Sets forth a 16-prong code of conduct, a violation of which are grounds for discipline, which may include denying, suspending, or revoking licensure and may place on probation, limit practice, and require examination, remediation, and rehabilitation of any applicant or licensee by the Board. Allows for alternate sanctions in lieu of denial, suspension, or revocation of a license. Allows the Board to enter into consent orders with the licensee or applicant in lieu of or in connection with any disciplinary proceeding or investigation. Permits the Board to seek a court order for a physical or psychological evaluation if the Board is considering whether an applicant or licensee is physically or mentally capable of practicing. Requires disciplinary procedures to conform to the APA, including its hearing provision. Clarifies that no applicant or licensee is entitled to hearing for failure to pass an examination. Specifies that an individual whose license has been denied or revoked may reapply to the Board for licensure after the passage of one calendar year from the date of the denial or revocation. Provides that a licensee may voluntarily relinquish a license at any time with the consent of the Board. Allows the Board to delay or refuse granting consent as necessary in order to investigate any pending complaint, allegation, or issue regarding violation of any provision of Article 44 by the licensee. Notwithstanding any provision to the contrary, clarifies that the Board retains full jurisdiction to investigate alleged violations of Article 44 by any individual whose license is relinquished under this subsection and, upon proof of any violation of Article 44  by any individual, the Board may take disciplinary action.

Effective October 1, 2024.

Requires the Board to adopt temporary rules to implement the act, which remain in effect until permanent rules are adopted and go into effect.

Requires that the initial appointments of the Board must be made on or before October 1, 2023, with the initial terms to commence on January 1, 2024.

Intro. by Moffitt, Krawiec.GS 90
S 492 (2023-2024) ADULT CORRECTIONS/LAW ENF. CHANGES. (NEW) Filed Apr 3 2023, AN ACT TO MODIFY LAWS CONCERNING ADULT CORRECTION AND LAW ENFORCEMENT AGENCIES.

To be summarized.

Intro. by Britt, Daniel.
S 493 (2023-2024) GO BIG FOR EARLY CHILDHOOD EDUCATION. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS TO PROVIDE AN ONGOING, INCREASED SOURCE OF FUNDS ABOVE THE BASE BUDGET FOR THE NORTH CAROLINA PREKINDERGARTEN (NC PRE-K) PROGRAM AND THE NORTH CAROLINA PARTNERSHIP FOR CHILDREN, INC., TO RAISE THE BASE REIMBURSEMENT RATES FOR NC PRE-K SITES BY THREE PERCENT FOR THE 2023-2024 FISCAL YEAR, AND TO PROVIDE A TAX CREDIT TO CERTAIN EARLY EDUCATION TEACHERS AND DIRECTORS.

Appropriates the following amounts in recurring funds from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education (Division), to increase funding for the North Carolina Prekindergarten (NC Pre-K) program: (1) $87,877,017 for 2023-24; (2) $104,582,345 for 2024-25; (3) $121,287,673 for 2025-26; (4) $137,991,673 in 2026-27; and (5) $154,695,673 for 2027-28 and in subsequent fiscal year thereafter. Requires for the 2023-24 fiscal year, that the Division raise the base reimbursement rates for child care centers, public schools, and Head Start Centers participating in the NC Pre-K program by 3%.  

Appropriates the following amounts from the General Fund to the Division to increase funding for the North Carolina Partnership for Children, Inc: (1) $167,013,453 for 2023-24; (2) $187,013,453 for 2024-25; (3) $207,013,453 for 2025-26; (4) $227,013,453 for 2026-27; and (5) $247,013,453 for 2027-28.

Appropriates from the General Fund to the Division $267,013,453 for 2028-29 and each subsequent fiscal year thereafter.

Effective July 1, 2023.

Enacts new GS 105-153.11 providing an income tax credit for eligible early education teachers or directors with the amount of the credit a sum of two amounts that vary depending on years of service uninterrupted by more than six months and on education level obtained. Effective for taxable years beginning on or after January 1, 2024 and repealed effective for taxable years beginning on or after January 1, 2028. 

Intro. by Salvador, Hunt, Batch.APPROP, GS 105
S 494 (2023-2024) BAN APPLICANT SALARY HISTORY. Filed Apr 3 2023, AN ACT AMENDING THE STATE HUMAN RESOURCES ACT TO PROHIBIT INQUIRIES ABOUT AN APPLICANT'S SALARY HISTORY DURING THE HIRING PROCESS.

Amends Article 1 of GS Chapter 126 (State Human Resources Act) to add GS 126-6.4 prohibiting inquiry into or review of the salary history of an applicant for State employment. Allows asking a prospective State employee to consent to confirmation of their salary history after an offer of employment with compensation has been made.

Intro. by Salvador, Applewhite, Grafstein.GS 126
S 495 (2023-2024) 2023 SAFE DRINKING WATER ACT. Filed Apr 3 2023, AN ACT TO PROTECT NORTH CAROLINA CITIZENS FROM HARMFUL TOXINS IN DRINKING WATER BY REQUIRING THE COMMISSION FOR PUBLIC HEALTH TO ESTABLISH MAXIMUM CONTAMINANT LEVELS FOR CHEMICALS THAT ARE PROBABLE OR KNOWN CARCINOGENS OR ARE OTHERWISE TOXIC.

Requires the Commission for Public Health (Commission) to do the following no later than October 15, 2023. Requires the Commission to begin rulemaking to establish maximum contaminant levels (MCLs), as that term is defined under GS 130A-313 (the North Carolina Clean Water Act), for probable or known carcinogens and other toxic chemicals likely to pose a substantial hazard to public health.  Requires the Commission to establish MCL’s for the following five contaminants: (1) per- and poly-fluoroalkyl substances (PFAS); (2) perfluorooctanoic acid (PFOA); (3) perfluorooctane sulfonate (PFOS); (4) Hexavalent chromium (chromium-6); and (5)1,4-Dioxane. Also requires considering establishing MCLs for any other contaminants for which at least two other states have set MCLs or issued guidance.

Directs the Commission to review certain materials during rulemaking, and annually review these materials thereafter to determine if the MCL’s should be modified. Specifies that the MCL’s must be protective of public health including vulnerable subpopulations such as pregnant and nursing mothers, infants, and children, which state MCLs shall not exceed any MCL or health advisory established by the United States Environmental Protection Agency.

Appropriates $6 million in recurring funds from the General Fund to the Department of Health and Human Services for 2023-24 to carry out the act's requirements. Allows using the funds to establish up to 37 FTE positions.

Effective July 1, 2023.

Intro. by Batch, Applewhite, Marcus.UNCODIFIED
S 496 (2023-2024) INCREASE SAFE USE OF FIREARMS. Filed Apr 3 2023, AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM TO SELF OR OTHERS, TO PROMOTE GUN SAFETY BY STRENGTHENING THE LAW GOVERNING THE SAFE STORAGE OF FIREARMS, TO REQUIRE UNIVERSAL BACKGROUND CHECKS, TO MAKE THE STATE BUREAU OF INVESTIGATION RESPONSIBLE FOR PISTOL PURCHASE PERMITS, TO REINSTATE THE PERMIT REQUIREMENT TO PURCHASE A PISTOL FOR PRIVATE SALES, AND TO EXEMPT FIREARM SAFETY AND STORAGE ITEMS FROM THE SALES TAX.

To be summarized.

Intro. by Batch, Garrett, Bode.
S 497 (2023-2024) REENACT EARNED INCOME TAX CREDIT. Filed Apr 3 2023, AN ACT TO REENACT THE EARNED INCOME TAX CREDIT.

Reenacts GS 105-151.31, which sunset on January 1, 2014, concerning the earned income tax credit an individual could claim under section 32 of the Internal Revenue Code. Sets the earned income tax credit at 5% (previously, 4.5% for taxable year 2013 and 5% for all other taxable years). Repeals the reenacted statute effective for taxable years beginning on or after January 1, 2025. Effective January 1, 2023.

Intro. by Batch, Garrett, Bode.GS 105
S 498 (2023-2024) FIREARM SAFETY PRODUCTS SALES TAX EXEMPTION. Filed Apr 3 2023, AN ACT TO EXEMPT FIREARM SAFETY AND STORAGE ITEMS FROM THE SALES TAX.

Amends GS 105-164.13, adding firearm safety equipment to the state and local sales tax exemptions imposed under Article 5. Adds and defines firearm safety equipment under Article 5 as an enclosure or device that is intended to prevent access to, or unintentional use or unauthorized use of, a firearm; excludes enclosures or devices that are part of the design of the firearm. Effective October 1, 2023.

Intro. by Batch, Garrett, Murdock.GS 105
S 499 (2023-2024) SCHOOL CALENDAR COMPLIANCE ACT. Filed Apr 3 2023, AN ACT TO CREATE A CAUSE OF ACTION FOR SCHOOL CALENDARS THAT ARE NOT STATUTORILY COMPLIANT AND TO AUTHORIZE A HIGH SCHOOL REMOTE INSTRUCTION FLEXIBILITY PILOT.

Creates new GS 115C-84.4, permitting the Superintendent of Public Instruction (Superintendent) or any person residing in a school district to bring an action for declaratory judgement against a local board of education for violating the school calendar requirements in GS 115C-84.2(d). 

Requires the Superintendent to select 10 local school units to participate in a remote instruction flexibility pilot for the 2023-24 through 2027-28 school years, authorizing local boards of education to establish a calendar for high schools that uses up to five days or 30 hours of remote instruction to ensure final exams for the fall semester are administered prior to December 31. Requires the participating local boards of education to report annually on the high schools participating in the pilot, including the advantages and disadvantages of using the pilot program calendar. Requires the Superintendent to summarize and report the information gathered through the pilot program to the Joint Legislative Education Oversight Committee, beginning September 15, 2024, and ending September 15, 2028. 

Intro. by Lee, Proctor, Barnes.STUDY, GS 115C
S 500 (2023-2024) COMMUNITY SAFETY ACT. Filed Apr 3 2023, AN ACT TO STRENGTHEN POLICIES AND STANDARDS SURROUNDING LAW ENFORCEMENT OFFICERS AND TO APPROPRIATE FUNDS.

Part I.

Requires the Department of Justice (DOJ) to assist law enforcement agencies seeking grant funds by alerting law enforcement agencies to available grant funds and assisting law enforcement agencies with drafting and submitting grant proposals and applications. 

Appropriates $200,000 in recurring funds for 2022-23 from the General Fund to DOJ to hire two full-time grant writers.

Effective July 1, 2023.

Part II.

Appropriates $250,000 in recurring funds for 2023-24 from the General Fund to DOJ to award grants to law enforcement agencies for initiatives supporting community policing. Effective July 1, 2023.

Part III.

Appropriates $500,000 in recurring funds for 2023-24 from the General Fund to DOJ to be used for grants: (1) provided to law enforcement agencies to be awarded to law enforcement officers exhibiting exemplary service and (2) awarded to law enforcement agencies for meeting racial or gender diversity benchmarks. Caps grant awards at $10,000. Effective July 1, 2023.

Part IV.

Amends GS 15A-401(d)(2), which sets out when a law-enforcement officer is justified in using deadly physical force, by making the following changes. Adds that the use of deadly force includes strangleholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck. Requires in all circumstances in which a law enforcement officer uses force of any kind, that the law-enforcement officer use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and attempt to use de-escalation tactics. Effective October 1, 2024.

Requires the Attorney General, in consultation with the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police, to develop uniform use-of-force policies that may be adopted by all law enforcement agencies in the state. Requires the policies to be submitted to the specified NCGA committee by December 1, 2024, published on DOJ's website, and distributed digitally to all law enforcement agencies in the state.

Part V.

Amends GS 17C-6 to also give the North Carolina Criminal Justice Education and Training Standards Commission the power to establish the minimum age requirement for qualification for entry level employment as a criminal justice officer, which must not be less than age 21. 

Amends GS 17C-13 to allow the North Carolina Criminal Justice Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

Amends GS 17E-4 to also give the North Carolina Sheriffs' Education and Training Standards Commission the power to establish the minimum age requirement for qualification for entry level employment as an officer, which must not be less than age 21. 

Amends GS 17E-12 to allow the North Carolina Sheriffs' Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

The above provisions are effective January 1, 2024.

Part VI.

Appropriates $1 million in recurring funds for 2023-24 from the General Fund to DOJ for grants to law enforcement agencies to temporarily provide funding for detectives or other investigative law enforcement positions in order to aid in the investigation of person crimes that would constitute a charge of a Class D felony or higher. Effective July 1, 2023.

Part VII.

Includes a severability clause.

Intro. by Batch, Garrett, Mohammed.APPROP, GS 15A, GS 17C, GS 17E
S 501 (2023-2024) YOUNG FAMILIES INVESTMENT ACT. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS TO ESTABLISH A CHILD DEVELOPMENT ASSOCIATE APPRENTICESHIP PILOT PROGRAM AND TO REDUCE PARENT COPAYMENTS FOR SUBSIDIZED CHILD CARE.

Appropriates $250,000 in recurring funds from the General Fund for each year of the 2023-2025 fiscal biennium to the Department of Health and Human Services, Division of Child Development and Early Education (Division) to establish a two-year child development apprenticeship pilot program. Requires the Division to establish the pilot to provide on-the-job learning and coursework, specialized training with a one-on-one mentor, and classroom-based instruction that may result in college credit. Directs the Division to establish the pilot in at least two child development centers, one in the piedmont region and one in the eastern region. Requires the Division to submit progress reports to the Joint Legislative Oversight Committee on Health and Human Services by December 31 of each year, with a final report due December 31, 2025. 

Amends Section 9C.4(b) of SL 2021-180 to reduce the basis of gross family income for fees from families required to share in cost of child care to 5%. The law currently establishes the basis as 10% of gross family income. 

Effective July 1, 2023. 

Intro. by Batch, Garrett, Robinson.APPROP, STUDY
S 502 (2023-2024) MODIFY SCHOOL PERFORMANCE GRADES. Filed Apr 3 2023, AN ACT TO MODIFY SCHOOL PERFORMANCE GRADES TO PROVIDE THAT ALL SCHOOLS RECEIVE A GRADE FOR SCHOOL ACHIEVEMENT AND A GRADE FOR SCHOOL GROWTH.

Part I

Amends GS 115C-12 to require that the annual report card for each local school administrative unit include numerical school achievement and school growth scores and a separate corresponding letter grade of A-F for both the school achievement and school growth earned by each school within the unit. Makes conforming changes to GS 115C-47(58). 

Amends GS 115C-83.15, establishing scales for school achievement grades and school growth grades based on school achievement scores and school growth scores. Enacts new subsection (b1) to now require the score for school achievement (determined pursuant to existing subsection (b)) to be used to determine the school achievement grade, according to the following scale, which cannot be modified to add any other designation related to other performance measures, such as plus or minus: a score of at least 85 is equivalent to an A, at least 70 is equivalent to a B, at least 55 is equivalent to a C, at least 40 is equivalent to a D, and less than 40 is equivalent to an F. Similarly, enacts new subsection (c1) to now require the score for school growth (determined pursuant to existing subsection (c)) to be converted by the State Board of Education (State Board) to a 100-point scale and used to determine the school growth grade, according to the following scale and modified to add any other designation related to other performance measures, such as plus or minus: a score of at least 90 is equivalent to an A, at least 80 is equivalent to a B, at least 70 is equivalent to a C, at least 60 is equivalent to a D, and less than 60 is equivalent to an F. Makes conforming changes throughout the statute. Adds to the information that must be displayed prominently on a report card, accessible to the public on the Department of Public Instruction's website, the percentage of schools receiving a school growth letter grade of A-F earned by each school located within a local school administrative unit and statewide. 

Amends GS 115C-83.17 by defining school grades as the letter grades earned by a school for achievement and growth for all students served by a school. Defines school scores as the numerical scores earned by a school for achievement and growth. Makes further conforming changes to statutory references and terms. 

Part II

Makes conforming changes to GS 115C-83.16, concerning school performance indicators for the purpose of compliance with federal law. Adds a new requirement for the State Board to calculate the overall school performance score by adding the school achievement score and the school growth score earned by a school, with the student achievement score accounting for 80% and the school growth score accounting for 20% of the total sum, for purposes of compliance with specified federal law. Makes conforming changes. 

Makes further conforming changes to GS 115C-75.5, GS 115C-105.37, GS 115C-105.39A, GS 115C-218.65, GS 115C-218.94, GS 115C-238.66, GS 116-239.8, and GS 116-239.13.

Part III

Effective January 1, 2024, and applies to school achievement grades, growth grades, and report cards issued based on data from the 2023-24 school year. 

Intro. by Hunt, Waddell, Chaudhuri.GS 115C, GS 116
S 503 (2023-2024) MENSTRUAL PRODUCTS SALES TAX EXEMPTION. Filed Apr 3 2023, AN ACT TO EXEMPT MENSTRUAL PRODUCTS FROM SALES TAX.

Amends GS 105-164.13 to exempt menstrual products from retail sales and use tax, as title indicates. Adds definition of menstrual products to the definitions provisions set forth in GS 105-164.3. Effective October 1, 2023, and applies to sales made on or after that date. 

Intro. by Marcus, Murdock, Salvador.GS 105
S 504 (2023-2024) SCHOOL PSYCHOLOGIST OMNIBUS. Filed Apr 3 2023, AN ACT TO ENACT PROVISIONS RELATED TO IMPROVING THE NUMBER AND QUALITY OF SCHOOL PSYCHOLOGISTS IN NORTH CAROLINA.

Identical to S 448, filed 4/3/23.

Provides for salary supplements to school psychologists for the 2023-24 fiscal year to be provided in addition to any salary received under the teacher salary schedule, as follows: (1) $650 per month and (2) for school psychologists who have a National Certified School Psychologist Credential, 12% of their monthly salary. Appropriates $8.1 million in recurring funds from the General Fund to the Department of Public Instruction (DPI) for the compensation increase.

Enacts GS 115C-316.6, the school psychologists grant program, to provide funds to public school units for signing bonuses to recruit school psychologists subject to the following conditions: (1) DPI must prioritize the award of funds to public school units without a full-time psychologist at the time the application is submitted; (2) no individual bonus can be greater than $5,000; (3) the school psychologist must agree to remain employed in the public school unit for at least one year; and (4) grants must be used to supplement, not supplant, State or non-State funds already used for these services. Sets forth application requirements and instructs the Superintendent of Public Instruction to develop criteria and guidelines for the administration of the grants. By no later than April 1, 2024, and annually thereafter in years where funds are awarded, requires the superintendent of DPI to report to the specified NCGA committee and division on the grant program. Appropriates $1.7 million in recurring funds for 2023-24 from the General Fund to DPI for the grant program.

Requires DPI to reclassify at least one position within the department to serve as a full-time recruitment and retention coordinator to increase the number of school psychologists in public schools that have a demonstrated need that is difficult to fill by no later than September 1, 2023.

Enacts GS 115C-316.7 requiring DPI to establish an internship program for school psychologists in public school units. Sets forth stipend and field supervisor compensation. Appropriates $5 million in recurring funds from the General Fund to DPI for the internship program.

Appropriates $5 million in nonrecurring funds from the General Fund to the UNC Board of Governors for the 2023-2024 fiscal year to be allocated to Appalachian State University (ASU) to host a virtual school psychology training program at the ASU campus in Hickory, North Carolina.

Appropriates $1.6 million in recurring funds from the General Fund to the UNC Board of Governors for the 2023-24 fiscal year to be allocated to five specified constituent institutions to support the school psychology programs at those institutions with the goal of doubling the number of school psychologists produced.

Effective July 1, 2023.

Intro. by Sanderson.APPROP, GS 115C
S 505 (2023-2024) DONOR DISCLOSURE. Filed Apr 3 2023, AN ACT TO PROTECT THE PRIVACY OF CHARITABLE DONORS.

Amends GS 55A-16-05 of the NC Nonprofit Corporation Act to add new subsections GS 55A-16-05(b) and (c), which bar nonprofit corporations from disclosing the identity of any person donating monies or other tangible goods to the nonprofit if that person has notified the nonprofit corporation, in writing prior to or at the time of the donation, not to disclose the person's identity. Exempts disclosures required by State or federal law, criminal investigations, or orders of the court. Allows for reasonable attorneys’ fees to the prevailing party for a legal action brought under new subsection (b).

Amends GS 132-1.1 of NC public records law to add new subsection (i), to include the identity of donors to nonprofit corporations as detailed above as confidential under public records law, subject to the exemptions set forth above. Allows for prevailing party attorneys’ fees in any legal proceeding brought under the new nonprofit donor provisions. Makes conforming changes to section’s title. Makes changes to GS 55A-16-24 (financial statements for the public under the NC Nonprofit Corporation Act), GS 58-3-6 (charitable gift annuities), GS 131E-214.14 (disclosure of charity care policy and costs for healthcare facilities), and GS 131F-6 (information required for licensure for charitable organization or sponsor) to specify that GS 132-1.1(i) applies to any attachments or other information submitted in association with IRS Form 990 or Form 990-EZ.

Amends GS 163-278.5 (regulation of contributions and expenditures in political campaigns) to specify that GS 132-1.1(i) does not apply to disclosure of donor information or the requirements of Article 22M (legal expense funds) of GS Chapter 163.

Amends GS 138A-34 (pertaining to use of information by public servants for private gain), GS 120-87 (pertaining to disclosure of confidential information by legislators), GS 14-234.1 (misuse of confidential information by State employees/officers and employees of State political subdivisions), and GS 14-234.3 (pertaining to local public officials) to prevent public servants, legislative employees, legislators, public officials, officer or employees of the State or an officer or employee of any its political subdivisions from using or disclosing in any way confidential information gained in the course of their official position/capacity in violation of GS 131-1.1(i).  Effective October 1, 2023, and applies to offenses committed on or after that date.

Effective October 1, 2023.

Intro. by Sanderson.GS 14, GS 55A, GS 58, GS 120, GS 131E, GS 131F, GS 138A, GS 163
S 506 (2023-2024) CONVENTION OF THE STATES. Filed Apr 3 2023, A JOINT RESOLUTION TO APPLY TO CONGRESS FOR THE CALLING OF A CONVENTION PURSUANT TO ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES.

Includes whereas clauses. Pursuant to Article V of the US Constitution, applies to Congress for calling a single-issue convention of the states for the purpose of deciding whether the proposed countermand amendment should be sent back to the state legislatures for ratification. Provides for the provisions to act as a continuing application until the legislatures of two-thirds of the states have made identical or substantially similar applications. Directs Congress to call the Countermand Amendment Convention within 60 days from the date it receives the 34th call for the convention from state legislatures. Directs the Secretary of State to transmit copies of the act to specified state and federal executive and legislative officials, requesting cooperation.

Intro. by Hise.SENATE RES
S 507 (2023-2024) CHIROPRACTIC PRECEPTORSHIP MODIFICATIONS. Filed Apr 3 2023, AN ACT TO ALLOW STUDENTS PARTICIPATING IN CHIROPRACTIC PRECEPTORSHIP PROGRAMS TO PROVIDE CERTAIN SERVICES UNDER DIRECT SUPERVISION.

Amends GS 90-142.1(a), revising the definition of "preceptorship program" of a chiropractic college to permit students to perform chiropractic services (defined by statutory cross-reference) under the direct supervision of a licensed chiropractor, subject to the limitations of a license to practice set out in GS 90-151 (previously, only permitted students to perform the duties of a certified chiropractic clinical assistant). Defines "direct supervision" to mean the supervising licensed chiropractor is within the immediate patient treatment area and available to the student at all times. Makes conforming changes to GS 90-147 relating to practicing without a license. 

Directs the State Board of Chiropractic Examiners to adopt temporary implementing rules. 

Effective October 1, 2023. 

Intro. by Hise, Krawiec, Corbin.GS 90
S 508 (2023-2024) 2023 BUDGET TECH/OTHER CORRECTIONS. (NEW) Filed Apr 3 2023, AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2023 AND TO OTHER LEGISLATION.

Prohibits the Department of Adult Correction from having any written or unwritten policies that set mandatory minimum educational requirements for community-funded or volunteer chaplains. 

Intro. by Hise.UNCODIFIED
S 509 (2023-2024) VICTIMS' RIGHT TO KNOW/RAPE KIT STATUS. Filed Apr 3 2023, AN ACT TO PROVIDE FOR THE NOTIFICATION OF VICTIMS OF RAPE REGARDING THE STATUS OF A SEXUAL ASSAULT EXAMINATION KIT.

Titles the act as the “Victims’ Right To Know Act.” Amends GS 15A-266.5A to create a procedure where a notice-requesting victim, as defined in GS 15A-266.5A, can obtain updates from the State Crime Laboratory whenever a sexual assault examination kit is submitted by a law enforcement agency. Requires the law enforcement agency to obtain contact information from the notice-requesting victim and submit it along with the examination kit to the State Crime Laboratory, and requiring the State Crime Laboratory to provide the notice-requesting victim with updates when certain steps are taken with the DNA profile created from the kit. Makes conforming changes and removes outdated language.

Intro. by Smith, Murdock.GS 15A
S 510 (2023-2024) THE CONSTITUENT BILL OF RIGHTS. Filed Apr 3 2023, AN ACT TO ENACT THE CONSTITUENT BILL OF RIGHTS.

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Appropriates $1,408,000 in nonrecurring funds and $162,000 in recurring funds from the General Fund to the General Assembly for 2023-24 for audio/visual equipment to be installed in committee meeting rooms and the Senate chamber. The equipment will be used for recordation of proceedings and real-time public audio/visual access to proceedings. Archived recordings of proceedings will be retained for ten years. Effective July 1, 2023.

Intro. by Smith, Grafstein.APPROP
S 511 (2023-2024) STRAY HOLD REGULATORY CHANGES. Filed Apr 3 2023, AN ACT REGARDING THE DISPOSITION OF UNOWNED CATS AND AMENDING LAWS FOR DISPOSAL OF ANIMALS SURRENDERED TO AN ANIMAL SHELTER.

Amends GS 19A-32.1, pertaining to minimum hold periods for animals in shelters and other matters, as follows.  Allows for healthy cats impounded at a shelter without discernible indicia of ownership to be sterilized, ear-tipped, vaccinated for rabies, administered other vaccinations as recommended by the treating veterinarian, and returned to the location where trapped with no minimum hold period. Requires animal shelters to keep records of these cats. Makes conforming changes to GS 19A-65 (annual animal shelter reports). Exempts tipped, outdoor cats from wearing a collar showing vaccination status. Makes conforming changes to GS 130A-192 (pertaining to animals not wearing rabies vaccination tags). Requires animal control officers to keep records related to these cats.

Effective October 1, 2023.  

Intro. by Hanig, Alexander.GS 19A, GS 130A
S 512 (2023-2024) GREATER ACCOUNTABILITY FOR BOARDS/COMMISSIONS. Filed Apr 3 2023, AN ACT TO INCREASE THE ACCOUNTABILITY OF PUBLIC BOARDS AND COMMISSIONS TO THE CITIZENS OF NORTH CAROLINA BY CHANGING THE APPOINTMENT STRUCTURE OF THOSE BOARDS AND COMMISSIONS.

To be summarized.

Intro. by Daniel, Rabon, Berger.
S 513 (2023-2024) NORTH CAROLINA HEALING ARTS COMMISSION. Filed Apr 3 2023, AN ACT TO ESTABLISH THE NORTH CAROLINA HEALING ARTS COMMISSION AND TO CREATE LICENSURE PROCESSES FOR REFLEXOLOGISTS, NATUROPATHIC DOCTORS, AND MUSIC THERAPISTS.

To be summarized.

Intro. by Krawiec, P. Newton.
S 514 (2023-2024) MH LIC. FAIR PRACTICE &AMP EFFICIENCY STANDARDS. Filed Apr 3 2023, AN ACT TO MAKE REGULATORY CHANGES RELATED TO, AND TO CREATE OVERSIGHT REQUIREMENTS FOR, THE MENTAL HEALTH LICENSURE AND CERTIFICATION SECTION OF THE DIVISION OF HEALTH SERVICE REGULATION WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Includes whereas clauses.

Directs the Division of Health Service Regulation (DHSR) of the Department of Health and Human Services (DHHS) to issue approval of licensure or provisional licensure when provided with a staffing plan by the mental health, intellectual and developmental disabilities, and substance use services (MH/IDD/SUS) provider agency seeking licensure. Subjects denial of provisional licensure to the Administrative Procedure Act's contested case provisions. Grants DHSR emergency rulemaking authority to immediately implement required changes and involve MH/IDD/SUS provider agencies in the process. Requires filing emergency rules within 60 days of October 1, 2023. 

Directs DHSR to collaborate with MH/IDD/SUS provider associations to establish a quality dashboard that addresses agency performance and identifies trends and outcomes of DHSR reviews. Lists dashboard requirements, including monthly publishing and distribution mandatory data points such as the number of licenses granted, number of citations by class of violation, and number of disciplinary actions by type; and quarterly reporting to the specified NCGA committee of the monthly dashboard reports along with steps for improvement of the licensure process.

Directs DSHR to review findings, trends, and actions of the office of competent jurisdiction, the DHHS Hearing Office, and the Office of Administrative Hearing (OAH) as a component of the dashboard. Requires DSHR to meet annually with stakeholders for this purpose, subject to provider confidentiality. Requires additional training of supervisors in the Mental Health Licensure and Certification Section of DHSR if at least 25% of MH/IDD/SUS cases filed in OAH are overturned within any quarter, with DHSR required to conduct determine the root cause and identify strategies to address the issues found.

Lists 13 requirements of DHSR and staff relating to adequate notice of MH/IDD/SUS provider site visits, inspections, and provider reviews, including: (1) limiting investigations resulting from a complaint to the issue identified in the complaint unless surveyors visibly identify any health and safety issue not in the complaint; (2) providing a written report to a provider within five days of the visit, inspection, or provider review that includes notice of due process rights; (3) adopting rules that define specified terms relating to site visits, inspections, provider reviews, and investigations; (4) adopting clear rules of engagement and standard operating procedures for interviews with clients and agency staff; (5) requiring staff conducting interviews with clients to be properly trained and certified in forensic interviewing techniques, with annual inter-rater reliability training required annually; and (6) barring any ombudsman for the Medicaid program from serving as mediator between any licensed facility and DHSR.

Requires DHSR to establish a procedure for a reconsideration review hearing before a provider may file a petition for a contested case hearing with OAH. Directs DHSR to include with any notice of adverse action issued to a provider the non-exclusive right to request reconsideration review with DHHS within 30 days of receipt. Requires the assigned hearing officer to conduct the hearing within 15 days after receipt of the request, unless all parties agree to postponement, and to make a determination within 30 days of the hearing. Allows the provider to choose the format of the review. Requires DHSR to amend its rules to deem DHSR responsible for all legal fees and costs related to any proceedings if a provider agency contests a decision and is successful.

Grants DHHS authority to adopt or amend rules necessary for implementation.

Appropriates $100,000 from the General Fund to DHSR to implement the act. 

Effective October 1, 2023. 

Intro. by Krawiec, Burgin, Corbin.APPROP
S 515 (2023-2024) WATER AND SEWER AFFORDABILITY ACT. Filed Apr 3 2023, AN ACT TO LENGTHEN THE TIME FOR WHICH THE UTILITIES COMMISSION MAY SUSPEND PROPOSED RATES OF A PUBLIC UTILITY AND WATER AND SEWER INVESTMENT PLAN IMPLEMENTATION PENDING INVESTIGATION, TO REQUIRE LOCAL GOVERNMENT WATER AND SEWER SERVICE PROVIDERS TO DETERMINE IF THE SALE OF A WATER OR SEWER SYSTEM IS IN THE PUBLIC INTEREST, AND TO REQUIRE A PUBLIC HEARING FOR CERTAIN RATES, FEES, AND CHARGES FOR CUSTOMERS OUTSIDE THE JURISDICTIONAL BOUNDARIES OF THE UNIT OF LOCAL GOVERNMENT PROVIDING THE WATER OR SEWER SERVICE.

Amends GS 62-133.1B, adding authority for the Utilities Commission (Commission) to suspend the effect of proposed base rates and the Water and Sewer Investment Plan implementation pending investigation, pursuant to GS 62-134(b), for up to 300 days. Makes conforming changes to no longer refer to the maximum suspension period of 270 days set out in GS 62-134(b).

Enacts GS 162A-19.1 to require local government service providers, defined as one of nine identified public entities, to hold a hearing and determine that sale of a water and sewer system that provides service to the public is in the public interest. Lists nine considerations in determining whether a sale is in the public interest. Directs the local government service provider to prepare a statement showing that the sale is in the public interest. Requires using all moneys paid by a private company for the purchase for debt reduction for the system, if applicable; repayment of federal grant awards associated with the system as required by law; investment in local water, wastewater, or stormwater infrastructure programs; or reducing or offsetting water and sewer service rates.

Enacts GS 162A-19.2 to require local government service providers, defined as one of nine identified public entities, establishing an increase in the rates, fees, or charges for water or sewer system customers outside of its jurisdictional boundaries to charge customers outside the boundaries rates, fees, and charges in one of the two described manners: (1) by charging the same rates, fees, and charges as it charges customers inside its boundaries with the option to include an additional surcharge of up to 25% (not subject to public hearing requirements); or (2) by charging more than the rates, fees, and charges charged to customers inside its boundaries that are just and equitable as specified, with the option to include an additional surcharge of up to 25% and a capital fee for those customers' share of the system capital investments, but cannot exceed 75% in excess of the total amount of charges for customers served within its boundaries for corresponding service without a public hearing.

Amends the following statutes to prohibit counties, cities, water and sewer authorities, and water and sewerage districts, as applicable, from charging customers in excess of those allowed by GS 162A-19.2, as enacted: GS 153A-277; GS 160A-58.5; GS 160A-314; GS 162A-6; GS 162A-36; GS 162A-69; and GS 162A-87.3.

Intro. by Sawyer, Perry, Lazzara.GS 66, GS 153A, GS 160A, GS 162A
S 516 (2023-2024) IMPROVE CANCER CLUSTER INVESTIGATIONS IN NC. Filed Apr 3 2023, AN ACT DESIGNATING THE NORTH CAROLINA COLLABORATORY AS THE LEAD AGENCY WITH RESPECT TO CANCER CLUSTER INVESTIGATIONS; ESTABLISHING A CANCER CLUSTER ADVISORY COMMITTEE; AND APPROPRIATING FUNDS FOR THE ESTABLISHMENT OF POSITIONS TO ASSIST THE NORTH CAROLINA COLLABORATORY WITH ITS CANCER CLUSTER INVESTIGATION DUTIES.

Enacts GS 130A-212.10, pertaining to the lead agency for cancer cluster investigations, as follows. Establishes the North Carolina Collaboratory at the University of North Carolina at Chapel Hill (Collaboratory) is the lead agency for cancer cluster investigations in the State. Requires the Collaboratory to oversee the coordination of State-level efforts and activities related to cancer cluster inquiries and investigations, including efforts and activities by the Department of Health and Human Services, Occupational and Environmental Epidemiology Branch, and the Department of Environmental Quality, in a way that maximizes efficiency and effectiveness. Requires the Collaboratory to maintain an informational webpage.

Enacts GS 130A-212.5, which specifies that all data entered or stored in the Central Cancer Registry or data from the registry that is shared with the Collaboratory, remains property of the State. Amends GS 130A-212 (pertaining to confidentiality of records) to extend confidentiality provisions to the records of the Collaboratory in fulfillment of its statutory duties.

Enacts GS 130A-212.12, which requires the Collaboratory, in conjunction with the Central Cancer Registry and the Cancer Cluster Advisory Committee (Committee) to establish and periodically update an enhanced statewide cancer cluster protocol for addressing suspected cancer clusters within the State. Specifies that the protocol must be based on the most current Centers for Disease Control and Prevention (CDC) guidelines for public health agencies to assess and respond to potential cancer clusters. Requires, at a minimum, for the protocol to incorporate all of the following: (1) best practices for all phases of cancer cluster assessment, including surveillance for identifying new cancer cases and monitoring trends, inquiries, and detection and investigation; (2) State and local infrastructure needs; (3) innovative statistical methods, software tools, and analytic approaches for analyzing cancer rates and detecting cancer clusters; (4) a comprehensive plan for internal communication within the Department as well as external communication with local health departments, the community, the media, and other stakeholders.

Enacts GS 130A-212.11, which requires the Collaboratory to employ and retain an epidemiologist with knowledge, training, and experience in cancer epidemiology, including cancer cluster investigations, whose primary responsibility will be to coordinate and communicate State-level cancer cluster activities. Sets forth the following six duties and powers of the epidemiologist: (1) lead State-level cancer cluster inquiries and investigations in collaboration with the Occupational and Environmental Epidemiology Branch and the Department of Environmental Quality, as appropriate; (2) serve as the single designated point of contact for State-level cancer cluster activities; (3) conduct routine cancer surveillance activities; (4) proactively monitor cancer rates statewide, including analyzing patterns of 15 cancer incidence over geographic areas and time; (5) lead in the development, ongoing review, and updating of the statewide cancer cluster protocol established pursuant to, with assistance from the Committee; (6) develop and disseminate reports.

Enacts GS 130A-212.13, which establishes the 13-member Committee and sets forth meeting requirements. Sets forth membership requirements, term, meeting, and quorum requirements. Provides for per diem expenses and necessary travel and subsistence expenses for Committee members. Specifies that all administrative support and other services required by the Committee will be provided by UNC Chapel Hill. Designates the Executive Director of the Collaboratory as the person to select the Committee chair. Directs the chair to convene the first meeting of the Committee by no later than April 1, 2024.

Effective July 1, 2023, appropriates from the General Fund to the UNC Board of Governors $358,327 in recurring funds for the 2023-2024 fiscal year and $358,327 in recurring funds for the 2024-2025 fiscal year to be allocated to the Collaboratory, to be used as follows: (1) $111,457 for each year of the 2023-2025 biennium to hire the epidemiologist discussed above; (2) $96,635 for each year of the 2023-2025 biennium to create a full time Public Health Educator II position to assist the Collaboratory with communications; (3) $150,235 for each year of the 2023-2025 biennium to create two full-time Certified Tumor Registrar positions within the Collaboratory dedicated to conducting outreach, communication, and onboarding with physician practices across the State to improve cancer case identification. Specifies that the funds allocated to create full-time positions cannot be used to supplant any other source of funding for these positions.

Effective October 1, 2023.

Intro. by Sawyer.APPROP, GS 130A
S 517 (2023-2024) STRUCTURAL FILL REMEDIATION PILOT. Filed Apr 3 2023, AN ACT TO ESTABLISH AND FUND A PILOT PROGRAM FOR THE REMEDIATION OF CERTAIN COAL COMBUSTION PRODUCTS STRUCTURAL FILL SITES.

Sets forth findings related to coal combustion products in certain structural fill sites. Appropriates $1 million in nonrecurring funds for the 2023-24 fiscal year to the Department of Environmental Quality (DEQ) to conduct a pilot program for assessment and initial remediation of high-risk coal combustion products structural fill sites (CCP sites) where coal combustion products were placed prior to the enactment of the Coal Ash Management Act of 2014. Specifies study scope, study contents, and remedial actions that must be a part of the study. Requires DEQ to provide an interim report by no later than April 1, 2024, and a final report by December 1, 2024, to the specified NCGA committee and division to include a summary of the activities funded by the act, a list of the sites selected for further remedial activities, and a description of the work undertaken at the selected sites. Permits DEQ to include recommendations on the necessity, potential scope, and funding needs for a permanent program to address CCP sites. Permits DEQ to establish up to two time-limited positions to fund the activities authorized by the act. Specifies that funds appropriated by the act do not revert at the end of the fiscal year but shall remain available to fund the completion of the study and remedial projects authorized by the act. Effective July 1, 2023.

Intro. by Sawyer.APPROP, STUDY
S 518 (2023-2024) FUNDS FOR PROFESSIONAL WRESTLING MUSEUM STUDY. Filed Apr 3 2023, AN ACT TO APPROPRIATE FUNDS TO STUDY THE FEASIBILITY OF ESTABLISHING A PROFESSIONAL WRESTLING MUSEUM IN THE STATE.

Appropriates $500,000 in nonrecurring funds for 2023-24 from the General Fund to the Department of Natural and Cultural Resources, to be used as title indicates. A report of findings and recommendations is due to the specified NCGA committee by July 1, 2024. Effective July 1, 2023.

Intro. by Chaudhuri.APPROP
S 519 (2023-2024) PROPERTY TAX INCREASE LIMITATION FOR ZONING. Filed Apr 3 2023, AN ACT TO LIMIT PROPERTY VALUE INCREASES DURING REAPPRAISALS THAT ARE ATTRIBUTABLE SOLELY TO FAVORABLE ZONING ORDINANCES TO THOSE INSTANCES WHERE THE PROPERTY OWNER ACTUALLY ENGAGES IN THE ACTIVITY OR ACTIVITIES PERMITTED BY SUCH ZONING.

Amends GS 105-286 (pertaining to times for general appraisal for real property) to specify that a property zoned to permit a particular activity may not be reappraised at a greater value solely as a result of such zoning unless the owner of the property actually engages in the permitted activity. Amends GS 105-328 (pertaining to listing, appraisal and assessment of property subject to taxation by cities and towns listed in more than one county) to require a local governing body to account for the limitation set forth in amended GS 105-286 when engaging in horizontal adjustments to equalize the appraisal and assessment values fixed by the counties. Makes conforming changes to GS 105-284 (uniform assessment standard) and GS 105-283 (uniform appraisal standards) to account for limitation on valuation set forth above.  

Effective when the act becomes law and applies to reappraisals occurring after January 1, 2024.

Intro. by Blue.GS 105
S 520 (2023-2024) COMMUTER RAIL STUDY/PIEDMONT TRIAD. Filed Apr 3 2023, AN ACT TO STUDY THE COST AND FEASIBILITY OF A COMMUTER RAIL SERVICE LINKING DENSE POPULATION CENTERS IN THE NORTH CAROLINA PIEDMONT TRIAD.

Requires the Department of Transportation (DOT) to study the cost and potential economic benefits of a commuter rail service linking dense population centers in the North Carolina Piedmont Triad; requires the study to incorporate population and development growth projections through the year 2050. Sets out six issues that must be considered as a part of the study, including daily ridership estimates and projected annual operation costs.

Requires DOT to report to the specified NCGA committee and division by December 29, 2024, on the study and any recommendations for planning and construction of a commuter rail service in the Piedmont Triad.

Allows $100,000 of the funds appropriated from the Highway Fund to DOT for 2023-24 to be used for the study.

Effective July 1, 2023, and expires December 29, 2024.

Intro. by Garrett, Lowe, Robinson.APPROP, STUDY
S 521 (2023-2024) REGULATE CANNABINOID PRODUCTS. Filed Apr 3 2023, AN ACT TO DIRECT THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO ESTABLISH A VOLUNTARY LICENSING PROGRAM FOR CANNABINOID-RELATED COMPOUNDS.

Amends GS 106-121 (definitions provisions of State food, drugs, and cosmetics statutes) to define cannabinoid-related compounds, hemp, and hemp products. Makes organizational changes.

Amends GS 106-139 (pertaining to regulations by the Board of Agriculture [Board]) to require the Board to adopt rules to establish a voluntary certification program for good manufacturing practices in manufacturing, packaging, or labeling operations for cannabinoid-related compounds derived from hemp. Sets forth labeling requirements for the Board’s voluntary certification rules as follows: (1) the label of products containing cannabinoid-related compounds must indicate both the total marketed cannabinoid content per product unit and, for products intended for human consumption, the marketed cannabinoid content per serving size recommended on the product label and (2) all products containing cannabinoid-related compounds must include on the label a machine-readable code that, when scanned by a cell phone or other electronic device, provides access via the internet to a certificate of analysis issued by an independent accredited laboratory certified under ISO Standard 12 17025 that meets all of the following requirements: (i) the certification is lot-specific, (ii) the certification provides a profile of total cannabinoid potency content contained in the product, and (iii) the certification includes analysis of residual solvents, heavy metals, pesticides, mycotoxins, and microbials contained in the product. Prohibits the manufacture, sale, delivery, holding, or offering for sale of any cannabinoid-related compound falsely certified as compliant with the certification rules adopted by the Board and makes it subject to the provisions of the Article relating to injunctions and restraining orders and detention of an adulterated and misbranded product. Provides for an application form and requires the Board to develop a schedule of license fees. Requires that fees collected must be used to cover all reasonable costs of administering the voluntary licensing program, including staffing costs. Effective January 1, 2024.

Enacts GS 106-139.2 (specifying that hemp is not an adulterant), providing that hemp products are not considered to be adulterated or misbranded based solely on the inclusion of hemp. Subject to any rules and regulations developed by the Board, bars the production, marketing, sale, or distribution of hemp or hemp products from being restricted or prohibited based solely on the inclusion of hemp. Amends GS 18B-500(b) to authorize alcohol law-enforcement agents to arrest and take other investigatory and enforcement actions for any criminal offense occurring, encountered, or otherwise discovered on the premises of, or elsewhere when the conduct relates to a location engaged in or marketing itself to be engaged in the sale or distribution of hemp, hemp products, or cannabinoid compounds as those terms are defined in GS 106-121, in addition to other authorized locations already listed in GS 18B-500(b). Effective October 1, 2023, and applies to offenses committed on or after that date.

Amends GS 90-87 (definitions provisions of the NC Controlled Substances Act) and GS 90-94(b)(2) (Schedule IV controlled substances) to account for new definition of hemp set forth in GS 106-121.

Requires the Board to adopt temporary rules to implement the act no later than January 1, 2024. Specifies that the temporary rules must remain in effect until permanent rules that replace the temporary rules become effective. Requires the Board to adopt permanent rules no later than January 1, 2025.

Intro. by Johnson, Lazzara.GS 18B, GS 90, GS 106
S 522 (2023-2024) INFORMATIONAL LITERACY BILL. Filed Apr 3 2023, AN ACT TO REQUIRE INSTRUCTION ON INFORMATIONAL LITERACY IN SCHOOLS.

Enacts new GS 115C-81.66 requiring the State Board of Education (Board) to adopt standards for age-appropriate instruction on information literacy for grades K-12. Defines informational literacy to mean a set of skills that enable an individual to recognize when information is needed and to locate, evaluate, and use the needed information effectively. Sets out seven items that are to be included in the standards, including: (1) methods of research, including the difference between primary and secondary sources, (2) the differences between facts, points of view, and opinions, and (3) the economic, legal, and social issues surrounding the use of information. Requires local school administrative units to consult with library/media personnel when developing curriculum for informational literacy standards. Applies beginning with the 2024-25 school year.

Intro. by Hunt, Murdock, Salvador.GS 115C
S 523 (2023-2024) INCREASE SCHOOL PSYCHOLOGISTS. Filed Apr 3 2023, AN ACT TO INCREASE THE NUMBER OF SCHOOL PSYCHOLOGISTS IN SCHOOLS.

Appropriates $1.1 million in recurring funds for 2023-24 from the General Fund to the Department of Public Instruction to increase the Instructional Support Allotment. States the NCGA's intent that the funds be used to increase the amount of State funded full-time equivalent positions for school psychologists to at least 675 positions. Allows conversion of the positions to a dollar amount if local boards of education are unable to find school psychologists to fill these positions, to allow the local board to contract with a third party to provide school psychologist services or other positions or services allowed under the allotment. Effective July 1, 2023.

Intro. by Waddell.APPROP
S 524 (2023-2024) SCHOOL SOCIAL WORKERS/MASTER'S PAY. Filed Apr 3 2023, AN ACT TO PROVIDE THAT SCHOOL SOCIAL WORKERS ARE ELIGIBLE TO RECEIVE EDUCATION-BASED SALARY SUPPLEMENTS REGARDLESS OF WHETHER A MASTER'S DEGREE IS REQUIRED FOR LICENSURE.

Amends GS 115C-302.10 to include among those teachers and instructional support personnel who are paid on the "M" salary schedule or receive a salary supplement for academic preparation at the six-year degree or doctoral degree level certified school social workers with a degree at the master's, six-year, or doctoral degree level who would have qualified for the salary supplement pursuant to the specified State Board of Education policy as it was in effect on June 30, 2013.

Appropriates $500,000 in recurring funds from the General Fund to the Department of Public Instruction to make school social workers eligible to receive education-based salary supplements regardless of whether a master's degree is required for licensure, as provided above.

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

Intro. by Waddell.APPROP
S 525 (2023-2024) CONSUMER PRIVACY ACT. Filed Apr 3 2023, AN ACT TO PROTECT CONSUMERS BY ENACTING THE CONSUMER PRIVACY ACT OF NORTH CAROLINA.

To be summarized.

Intro. by Salvador, Moffitt, Hanig.
S 526 (2023-2024) ABC LAW CHANGES. Filed Apr 3 2023, AN ACT TO AUTHORIZE BEER AND WINE WHOLESALERS TO OFFER QUANTITY DISCOUNTS TO RETAIL PERMITTEES.

Enacts new GS 18B-1118.1 allowing the holder of a malt beverage wholesaler or wine wholesaler permit to either: (1) offer retail permittees a quantity discount on the purchase of malt beverages or wine, so long as the same discount is available to all permittees or (2) charge a set fee for the purchase of less than a full case of a product.

Intro. by Moffitt, Johnson.GS 18B
S 527 (2023-2024) ABC OMNIBUS 2023. (NEW) Filed Apr 3 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE ALCOHOL LAWS OF THIS STATE.

Section 1

Amends GS 143-143.7 (pertaining to elevator safety requirements for certain residential rental accommodations) as follows. Requires elevators in a private residence, cottage, or similar accommodation to meet the following requirements for the gap between the hoistway face of the landing door, the door space guard, or the door baffle and the hoistway face of the car door as well as the door of the car or gate itself (currently, just gap between the hoistway face of the landing door and car door) to meet the following requirements:

  • Horizontal sliding car doors and gates must be designed and installed such that the total of the gap between the hoistway face of the landing door, the door space guard, or the door baffle and the hoistway face of the car door or gate, after the car door or gate has been subject to a force of 75 pounds applied horizontally on an area four inches by four inches at right angles to and at any location on the car door when fully closed, must be no more than four and three-quarters inches.
  • Folding car doors must be designed and installed such that the total of the gap between the hoistway face of landing door, the door space guard, or the door baffle and the hoistway face of the car door, after  the car door has been subject to a force of 75 pounds applied  horizontally using a four-inch diameter sphere at any location within the folds of the door when fully closed, shall be no more than four and  three-quarters inches.
  • When the same 75-pound force is applied in the same manner(s) to the horizontal sliding car door or gate or to the folding car door, there must be no permanent deformation of the door or gate and the door or gate must not be displaced from its guides or tracks.

Deletes prior requirement that just states the gap between the hoistway face of the landing door and the hoistway face of the car door must not exceed 4 inches as well as prior language pertaining to elevator doors or gates. 

Makes conforming changes to GS 143-143.7(b) and (c) to refer to new requirements described above and makes technical changes.

Effective October 1, 2023.

Section 2

Specifies that until the effective date of the North Carolina Building Code (Code) and amendments that the North Carolina Building Code Council (Council) is required to adopt pursuant to this section are effective, the Council and Code enforcement officials enforcing the Code must follow the provisions of Section 2 of the act as it relates to elevators and platform lifts under Section R321 of the 2018 North Carolina Residential Code.

Further specifies that notwithstanding any provision of the Code or law to the contrary, for the purposes of the elevators and platform lifts requirements under Section R321 of the 2018 North Carolina Residential Code, the Council and Code enforcement officials must follow rules consistent with 2016 ASME A17.1 sections 5.3.1.8.2 and 5.3.1.8.3, except where those sections are superseded by GS 143-143.7, as amended by the act.

Requires the Council to adopt a rule to amend Section R321 of the 2018 North Carolina Residential Code consistent with and substantively identical to the language set forth in the above paragraph. Specifies that rules adopted pursuant to this section are not subject to Commission review as articulated Part 3 of Article 2A of GS Chapter 150B (the APA) Specifies that the rules adopted pursuant to this section will become effective as provided in GS 150B-21.3(b1) (pertaining to the effective date of permanent rules under the APA), as though ten or more written objections had been received as provided in GS 150B-21.3(b2). This section expires on the date that the permanent rules adopted of this section become effective.

Intro. by Moffitt, Johnson, Hanig.GS 143
S 528 (2023-2024) PUBLIC SCHOOL HVAC REPLACEMENTS. Filed Apr 3 2023, AN ACT TO ESTABLISH THE CLEAN AIR GRANT PROGRAM.

Directs the Department of Public Instruction (DPI) to establish the Clean Air Grant Program (program) to provide grants to qualifying public school units, defined to mean public school units that are located in a county designated as a development tier one area that has a school with an HVAC unit that was manufactured at least 15 years prior to the date of grant application, to replace aging HVAC systems in schools. States the program's purpose, including reduction of the spread of infectious disease. Provides for qualifying public school units to apply to DPI for one or more grants. Directs DPI to develop criteria and guidelines for grant administration by August 1, 2023, including application deadlines and required application information. Directs DPI to award grants to qualifying public school units by December 31, 2023, based on the minimum criteria specified, which includes restricting use of grant funds to replacement of HVAC systems manufactured at least 15 years from the date of the grant application, and capping grants to $2.8 million per public school unit for any individual school in the unit. Specifies that grant funds are supplemental to other building maintenance funds. 

Directs DPI to survey all public school units by December 31, 2023, to gather the number of HVAC systems manufactured at least 15 and at least 20 years prior to the date of the survey, and their replacement costs. 

Further requires DPI to report to the specified NCGA committee and division by March 15, 2024, on the grant program, with specified content, including its survey results. 

Appropriates $150 million from the General Fund to DPI for 2023-24 to provide the grants pursuant to the program.

Effective July 1, 2023. 

Intro. by Salvador, Mayfield, Waddell.APPROP, STUDY, UNCODIFIED
S 529 (2023-2024) VARIOUS CHANGES TO NONPROFIT CORPORATIONS ACT. Filed Apr 3 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE NORTH CAROLINA NONPROFIT CORPORATIONS ACT.

To be summarized.

Intro. by Moffitt, Woodard, Alexander.
S 530 (2023-2024) RESEARCH AND DEVELOPMENT ATTRACTION ACT. Filed Apr 3 2023, AN ACT TO REENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT.

Reenacts Article 3F of GS Chapter 105 as it existed immediately before its repeal. Amends reenacted GS 105-129.50 to change the definition of full-time job to remove reference to repealed statute and define the term as a position that requires at least 1,600 hours of work per year and is intended to be held by one employee during the entire year. Specifies that a full-time employee is an employee who holds a full-time job. Changes the definition of related person to remove reference to repealed statute and instead defines that person as a person described in one of the relationships set forth in section 267(b) or 707(b) of the IRS Code. Amends reenacted GS 105-129.51 to sunset the tax for taxable years starting on or after January 1, 2030. Makes conforming changes to the section title. Deletes statutory wage standards, health insurance, environmental impact, safety and health program, and overdue tax debts requirements for eligibility. Effective for taxable years beginning on or after January 1, 2023, and is applicable to the calculation of franchise tax reported on the 2022 and later corporate income tax returns.

Intro. by Salvador, Garrett, Chaudhuri.GS 105
S 531 (2023-2024) DAM SAFETY LAW CLARIFICATION. Filed Apr 3 2023, AN ACT TO AMEND THE DAM SAFETY LAW TO ALLOW PHASED COMPLIANCE WITH REQUIREMENTS OF THE LAW.

Amends GS 143-215.27 by prohibiting the Department of Environmental Quality (DEQ) from withholding the approval of an application for repair or alteration of a phased compliance eligible dam only because the repair or alteration will not fully meet the requirements of the Dam Safety Law of 1967 (Law) and related implementation rules if the project will not increase the height or impoundment capacity of the dam and it will not increase the risk to human life or property. Amends GS 143-215.25 by defining a phased compliance eligible dam as a dam that (1) is categorized as high hazard by DEQ; (2) was constructed prior to January 1, 1968; and (3) is not owned by a unit of local government, special district, or public authority, as those terms are defined in GS 159-7.

Intro. by Hise.GS 143
S 532 (2023-2024) RESTORE STATE EMP/TEACHER RETIREE MED BENEFIT. Filed Apr 3 2023, AN ACT TO PREVENT THE ELIMINATION OF RETIREE MEDICAL BENEFITS FOR MEMBERS FIRST EARNING SERVICE UNDER THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, OR THE OPTIONAL RETIREMENT PROGRAMS, ESTABLISHED UNDER G.S. 135-5.1 AND G.S. 135-5.4, ON OR AFTER JANUARY 1, 2021.

Identical to H 333, filed 3/9/23.

Repeals subsections (c) and (d) of Section 35.21 of SL 2017-57, as title indicates. Effective retroactively to December 31, 2020.

Intro. by Lowe, Hunt, Waddell.UNCODIFIED
S 533 (2023-2024) MODIFY INSURANCE COVERAGE/DEFICIT PROVISIONS. Filed Apr 3 2023, AN ACT TO MODIFY MEANS OF FINANCING DEFICIT EVENTS.

Amends GS 58-45-47 by adding the issuance of post-event catastrophe bonds subject to GS Chapter 142 (State Debt) to the appropriate means of financing the deficit that the North Carolina Insurance Underwriting Association may choose when the Association determines that a deficit (the Association has incurred losses and loss expenses in a particular calendar year that will exceed the combination of available surplus, reinsurance, and other sources of funding) has occurred.

Intro. by Johnson.GS 58

The Daily Bulletin: 2023-04-03

The Daily Bulletin: 2023-04-03

ACTIONS ON BILLS

Actions on Bills: 2023-04-03

PUBLIC BILLS

H 2: 2022 BUDGET TECHNICAL CORRECTIONS. (NEW)

    House: Signed by Gov. 4/3/2023
    House: Ch. SL 2023-11

H 11: SCHOOLS FOR THE DEAF AND BLIND.

    House: Became Law W/o Signature
    House: Ch. SL 2023-10

H 252: MULTIJURISDICTIONAL PROPERTY.

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 259: 2023 APPROPRIATIONS ACT.

    House: Reptd Fav Com Substitute
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Re-ref to the Com on Finance, if favorable, Pensions and Retirement
    House: Re-ref to the Com on Finance, if favorable, Pensions and Retirement

H 382: REGISTERED NURSES IN SCHOOLS.

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 537: WORKFORCE HOUSING ACT.

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

H 538: ISOTHERMAL COMMUNITY COLLEGE CAPITAL FUNDS.

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

H 539: NORTH CAROLINA FARMERS APPRECIATION DAY.

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

H 540: FIONA MAE WAGGLEBOTTOM'S ACT.

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

H 541: ECONOMIC SECURITY ACT.

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

H 542: HOA REVISIONS/FORECLOSURE TRUSTEE AUCTIONS. (NEW)

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

H 543: 2023 YOUTH END ACT.

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

H 544: LIMITED SHARK FISHING TOURNAMENT MORATORIUM.

    House: Passed 1st Reading
    House: Ref to the Com on Marine Resources and Aquaculture, if favorable, Rules, Calendar, and Operations of the House

H 545: WILLFUL OR WANTON GUN DISCHARGE/EXPAND SCOPE.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 546: CAPITAL PROJECT FUNDING FOR NCCU.

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

H 547: FUNDS TO WINSTON-SALEM FOR FIRE TRUCK.

    House: Filed

H 548: FUNDS FOR NATIONAL BLACK THEATRE FESTIVAL.

    House: Filed

H 549: CIVILIAN TRAFFIC INVESTIGATORS.

    House: Filed

H 550: SPRING LAKE WATER/SEWER INFRASTRUCTURE FUNDS.

    House: Filed

H 551: LANDLORD-TENANT AND HOA CHANGES.

    House: Filed

H 552: 2023 MOMNIBUS ACT.

    House: Filed

H 553: EXPAND TANF ELIGIBILITY TO INCLUDE PREGNANCY.

    House: Filed

H 554: CRITICAL CAPITAL INFRASTRUCTURE FUNDS/NCICUS.

    House: Filed

H 555: FUNDS/SPRING LAKE PARKS.

    House: Filed

H 556: TRANSLITERATOR LICENSING BOARD MODS.

    House: Filed

H 557: NORTH CAROLINA HEALING ARTS COMMISSION.

    House: Filed

H 558: FUNDS FOR MATERNAL HEALTH PROGRAMS.

    House: Filed

H 559: FUNDS FOR CROSSNORE COMMUNITIES FOR CHILDREN.

    House: Filed

H 560: DIAGNOSTIC IMAGING PARITY.

    House: Filed

H 561: NORTH CAROLINA COERCED DEBT RELIEF ACT.

    House: Filed

S 27: SOIL AND WATER/PARTISAN ELECTION OPTION. (NEW)

    Senate: Reptd Fav

S 123: CERTIFICATE OF INSURANCE CLARIFICATIONS.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 134: CURB UNDERWRITING ABUSES.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 174: REV. LAWS TECH., CLARIFYING, & ADMIN. CHNGS.

    Senate: Signed by Gov. 4/3/2023
    Senate: Ch. SL 2023-12

S 211: PERMIT MULTISTATE WATER/SEWER AUTHORITY.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 220: CONFIRM PHIL BADDOUR/INDUSTRIAL COMMISSION.

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

S 221: CONFIRM THERESA STEPHENSON/BD OF REVIEW.

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

S 228: PRIVATE CONDEMNATION/WITHDRAW DEPOSIT.

    Senate: Reptd Fav

S 236: MODERNIZE AUDIOLOGY PRACTICE LAWS.

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

S 246: PROPERTY OWNERS PROTECTION ACT.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 267: RESTRICT DETACHED CATALYTIC PURCHASES.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 274: SENIOR CARE OPTIONS. (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 341: SAFETY AND EMISSION INSPECTION MODIFICATIONS.

    Senate: Sequential Referral To Transportation Added After Agriculture, Energy, and Environment

S 371: OPIOID OVERDOSE PREVENTION ACT.

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

S 408: PROPERTY TAX MODIFICATIONS.

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

S 429: MODIFY CHARITABLE SOLICITATION LICENSING LAWS.

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

S 433: HBCU/HMSI APPROPRIATIONS OMNIBUS.

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

S 434: FUNDS FOR MY BROTHER'S KEEPER.

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

S 435: FUND FOR MECKLENBURG COUNCIL OF ELDERS.

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

S 436: FUNDS FOR THE MALES PLACE.

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

S 438: NCORR ADMINISTRATIVE MODIFICATIONS.

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

S 446: RIGHT TO START ACT.

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

S 448: SCHOOL PSYCHOLOGIST OMNIBUS.

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

S 450: SEIZED WEAPONS SECURITY ACT.

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

S 451: CREATE NORTH CAROLINA JAIL FUND.

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

S 452: DOI & INS LAW AMD/REVISE HS ATHLETICS (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 453: SUPPORTING LAW ENFORCEMENT.

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

S 454: BEHAVIOR ANALYST CREDENTIALING MODIFICATION.

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

S 455: PROTECT MOMS WHO SERVE.

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

S 456: EMPLOYEE EQUITY OWNERSHIP PLAN ASSISTANCE.

    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 457: AMEND ANIMAL FIGHTING &AMP WELFARE LAWS.

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

S 458: GOOD SAMARITAN LAW.

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

S 459: EXEMPT VASCULAR ACCESS PROVIDERS FROM CON.

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

S 460: STUDY AUTOMATION AND THE WORKFORCE.

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

S 461: REENACT EITC.

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

S 462: HIGHWAY SAFETY OMNIBUS/ADDIT'L MAGISTRATES.

    Senate: Filed

S 463: HOME INSPECTORS LIC. MODS./CODE QUAL. BD.

    Senate: Filed

S 464: RAISE THE AGE OF SEXUAL CONSENT.

    Senate: Filed

S 465: CITIES/REMOVE & DISPOSE OF ABANDONED VESSELS.

    Senate: Filed

S 466: HELP MEDICALLY COMPLEX CHILDREN.

    Senate: Filed

S 467: 2023 MOMNIBUS ACT.

    Senate: Filed

S 468: EXPAND TANF ELIGIBILITY TO INCLUDE PREGNANCY.

    Senate: Filed

S 469: FUNDS FOR MATERNAL HEALTH PROGRAMS.

    Senate: Filed

S 470: NC CONSUMER FIREWORKS SAFETY ACT.

    Senate: Filed

S 471: AUTOMATIC VOTER REGISTRATION.

    Senate: Filed

S 472: SCHOOL PSYCHOLOGIST OMNIBUS.

    Senate: Filed

S 473: PCP AND PSYCHIATRISTS FORGIVABLE LOAN PROGRAM.

    Senate: Filed

S 474: ACCESSING MIDWIVES ACT.

    Senate: Filed

S 475: ADDITIONAL CITY OF PINETOPS POLICE OFFICER.

    Senate: Filed

S 476: CIV. PRO./AMEND RULE 53 REFERENCE PROCEDURE.

    Senate: Filed

S 477: AMEND BUS. CORP. ACT/BUS. OPP. DISCLOSURES.

    Senate: Filed

S 478: SMALL BUSINESS CAPITAL IMPROVEMENT ACCOUNT.

    Senate: Filed

S 479: HIRE NC WORKERS.

    Senate: Filed

S 480: CAREGIVER TAX CREDIT.

    Senate: Filed

S 481: SMALL BUSINESS INVESTMENT GRANT.

    Senate: Filed

S 482: BUSINESS INCOME TAX DEDUCTION.

    Senate: Filed

S 483: $17/HOUR MIN. PAY FOR NONCERT. SCH. EMPLOYEES.

    Senate: Filed

S 484: MAKE ELECTION DAY A STATE HOLIDAY.

    Senate: Filed

S 485: STUDY CELL PHONE USE IN SCHOOL.

    Senate: Filed

S 486: INCREASE JUROR PAY.

    Senate: Filed

S 487: TERM LIMITS FOR CONGRESS.

    Senate: Filed

S 488: DIRECT CARE WORK WAGE INCREASES/INNOV. WAIVER.

    Senate: Filed

S 489: ABC TECHNICAL/CLARIFYING CHANGES.

    Senate: Filed

S 490: ABC OMNIBUS 2023.

    Senate: Filed

S 491: NC GENETIC COUNSELORS WORKFORCE ACT.

    Senate: Filed

S 492: ADULT CORRECTIONS/LAW ENF. CHANGES. (NEW)

    Senate: Filed
    Senate: Filed

S 493: GO BIG FOR EARLY CHILDHOOD EDUCATION.

    Senate: Filed

S 494: BAN APPLICANT SALARY HISTORY.

    Senate: Filed

S 495: 2023 SAFE DRINKING WATER ACT.

    Senate: Filed

S 496: INCREASE SAFE USE OF FIREARMS.

    Senate: Filed

S 497: REENACT EARNED INCOME TAX CREDIT.

    Senate: Filed

S 498: FIREARM SAFETY PRODUCTS SALES TAX EXEMPTION.

    Senate: Filed

S 499: SCHOOL CALENDAR COMPLIANCE ACT.

    Senate: Filed

S 500: COMMUNITY SAFETY ACT.

    Senate: Filed

S 501: YOUNG FAMILIES INVESTMENT ACT.

    Senate: Filed

S 502: MODIFY SCHOOL PERFORMANCE GRADES.

    Senate: Filed

S 503: MENSTRUAL PRODUCTS SALES TAX EXEMPTION.

    Senate: Filed

S 504: SCHOOL PSYCHOLOGIST OMNIBUS.

    Senate: Filed

S 505: DONOR DISCLOSURE.

    Senate: Filed

S 506: CONVENTION OF THE STATES.

    Senate: Filed

S 507: CHIROPRACTIC PRECEPTORSHIP MODIFICATIONS.

    Senate: Filed

S 508: 2023 BUDGET TECH/OTHER CORRECTIONS. (NEW)

    Senate: Filed
    Senate: Filed

S 509: VICTIMS' RIGHT TO KNOW/RAPE KIT STATUS.

    Senate: Filed

S 510: THE CONSTITUENT BILL OF RIGHTS.

    Senate: Filed

S 511: STRAY HOLD REGULATORY CHANGES.

    Senate: Filed

S 512: GREATER ACCOUNTABILITY FOR BOARDS/COMMISSIONS.

    Senate: Filed

S 513: NORTH CAROLINA HEALING ARTS COMMISSION.

    Senate: Filed

S 514: MH LIC. FAIR PRACTICE &AMP EFFICIENCY STANDARDS.

    Senate: Filed

S 515: WATER AND SEWER AFFORDABILITY ACT.

    Senate: Filed

S 516: IMPROVE CANCER CLUSTER INVESTIGATIONS IN NC.

    Senate: Filed

S 517: STRUCTURAL FILL REMEDIATION PILOT.

    Senate: Filed

S 518: FUNDS FOR PROFESSIONAL WRESTLING MUSEUM STUDY.

    Senate: Filed

S 519: PROPERTY TAX INCREASE LIMITATION FOR ZONING.

    Senate: Filed

S 520: COMMUTER RAIL STUDY/PIEDMONT TRIAD.

    Senate: Filed

S 521: REGULATE CANNABINOID PRODUCTS.

    Senate: Filed

S 522: INFORMATIONAL LITERACY BILL.

    Senate: Filed

S 523: INCREASE SCHOOL PSYCHOLOGISTS.

    Senate: Filed

S 524: SCHOOL SOCIAL WORKERS/MASTER'S PAY.

    Senate: Filed

S 525: CONSUMER PRIVACY ACT.

    Senate: Filed

S 526: ABC LAW CHANGES.

    Senate: Filed

S 527: ABC OMNIBUS 2023. (NEW)

    Senate: Filed
    Senate: Filed

S 528: PUBLIC SCHOOL HVAC REPLACEMENTS.

    Senate: Filed

S 529: VARIOUS CHANGES TO NONPROFIT CORPORATIONS ACT.

    Senate: Filed

S 530: RESEARCH AND DEVELOPMENT ATTRACTION ACT.

    Senate: Filed

S 531: DAM SAFETY LAW CLARIFICATION.

    Senate: Filed

S 532: RESTORE STATE EMP/TEACHER RETIREE MED BENEFIT.

    Senate: Filed

S 533: MODIFY INSURANCE COVERAGE/DEFICIT PROVISIONS.

    Senate: Filed

Actions on Bills: 2023-04-03

LOCAL BILLS

H 306: SCHOOL CALENDAR FLEXIBILITY/GRANVILLE & VANCE.

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 14: 49TH SENATORIAL DISTRICT LOCAL ACT-1.

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

S 200: ONSLOW COUNTY PUBLIC NOTICES. (NEW)

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 286: MAKE PAMLICO BD. OF ED. ELECT. PARTISAN.

    Senate: Reptd Fav

S 379: ALLOW CHANGES/RESIDENT DISTRICTS/JOHNSTON CO.

    Senate: Reptd Fav

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