Enacts GS 14-190.17B, requiring courts to order restitution for first, second, or third degree sexual exploitation of a minor offenses (set forth in GS 14-190.16, 14-190.17, and 14-190.17A, respectively). Also requires courts to order a defendant who viewed child pornography and has been convicted of first, second, or third degree sexual exploitation of a minor to make restitution. Directs the court to determine the full amount of the victim's losses for costs incurred as a proximate result of the offense, including applicable injuries and damages described in GS 15A-1340.35 (Basis for restitution); medical services relating to physical, psychiatric, or psychological care; physical and occupational therapy or rehabilitation; transportation, temporary housing, and childcare expenses; loss of income; litigation costs; and other relevant losses incurred by the victim. Provides for apportionment when more than one defendant contributed to the losses of the victim. Allows for the defendant to petition the court to amend the order upon showing the victim has received restitution in the full amount of the victim's determined losses. Allows the court to require the victim to provide information for amounts paid in other cases for the same losses. Provides that notwithstanding any other provision of this section, the court is not required to order restitution for a violation of G.S. 14-190.16, 14-190.17, or 14-190.17A if the victim has not been identified. Provides for the statute to supersede Article 81C, GS Chapter 15A (governing restitution in criminal cases), in case of conflict. Applies to orders for restitution entered on or after December 1, 2023.
The Daily Bulletin: 2023-04-13
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The Daily Bulletin: 2023-04-13
| Intro. by Davis. | GS 14 |
Appropriates $12.5 million for 2023-24 from the General Fund to the Community Colleges System Office to be allocated to the College of the Albemarle to be used as title indicates. Effective July 1, 2023.
| Intro. by Ward. | APPROP, Pasquotank |
Applicable to Macon County only, subjects a motor vehicle combination operated on US Route 64 between State Road 1533 and NC Highway 106 in Macon County that is in violation of subsection (a) or subsection (b) of GS 20-115.1 (setting out size limitation on motor vehicle combinations consisting of a truck tractor and two trailing units, and motor vehicle combinations consisting of a semitrailer of not more than 53 feet in length and a truck tractor that may be operated the state's highways) to the axle-group weight penalties under GS 20-118(e). Specifies that the penalties apply to the amount by which the motor vehicle combination Gross Vehicle Weight Rating (GVWR) exceeds 20,000 pounds. Effective December 1, 2023, and applies to offenses committed on or after that date.
| Intro. by Gillespie. | UNCODIFIED, Macon |
Amends the disabled veteran property tax homestead exclusion in GS 105-277.1C as follows. Allows for disabled veterans to apply for prequalification of the homestead exemption tax relief, even before purchasing a property, so long as a prequalified veteran applies for the property tax relief when purchasing the property. Sets forth an application process and notice requirements. Authorizes a prequalified applicant to provide a copy of the prequalification to the assessor to establish eligibility for the exclusion instead of providing their disability certification or other evidence of benefits received from the Department of Veterans’ Affairs.
Effective for taxable years beginning on or after July 1, 2024.
| Intro. by Paré, Goodwin, Winslow, Chesser. | GS 105 |
Amends GS 160D-1207, which allows the inspection department to make periodic inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exist in a residential building or structure. Prohibits a local government from adopting or enforcing an ordinance that would require any owner or manager of rental property to obtain any permit or permission under Article 11 or Article 12 of GS Chapter 160D from the local government to lease or rent residential real property or to register rental property with the local government, except for those individual properties that have more than two (was, four) verified violations in a rolling 12-month period or two or more verified violations in a rolling 30-day period, or upon the property being identified within the top 10% of properties with crime or disorder problems. Adds that a local government may levy a fee for residential rental property registration for rental units that have more than two verified violations of housing ordinances or codes within the previous 12 months or upon the property being identified within the top 10% of properties with crime or disorder problems. Requires the fee to be an amount covering the cost of operating a residential registration program and prohibits using the fee to supplant revenue in other areas.
| Intro. by Ward. | GS 160D |
Amends GS 135-5, concerning the Teachers and State Employees' Retirement System (TSERS) and GS 128-27, concerning the Local Governmental Employees' Retirement System (LGERS), to provide for certain law enforcement officers, firefighters, emergency medical services personnel (EMS personnel) benefits under each system. Defines EMS personnel under the TSERS system to mean all full-time employees of any State department, agency, or institution who meet the definition of emergency services personnel in GS 131E-155 (which defines the term as it related to EMS regulations) and under LGERS to mean all rescue squad workers and full-time employees of any employer participating in LGERS who meet the definition of emergency services personnel under GS 131E-155. Provides that the definition includes emergency medical dispatchers and the EMS Director. Adds and defines firefighter under TSERS to mean all full-time employees of any State department, agency, or institution who are actively serving in a position with assigned primary duties and responsibilities for the prevention, detection, and suppression of fire. Provides that the definition includes fire dispatchers, fire inspectors, and fire marshals. Expands on the definition of law enforcement officer to provide that it also includes police dispatchers, police investigators, sheriff's deputies, bailiffs, corrections officers, detention officers, and jailers.
Enacts GS 135-5(a)(4b) and GS 128-27(a)(6), allowing for any TSERS member who is a law enforcement officer, firefighter, or EMS personnel who has completed 25 years of creditable service to retire upon electronic submission or written application of the Board within the time period specified; provides for members who do not retire upon meeting that creditable service threshold who becomes later employed other than as the member was employed while completing the service to continue to have the right to commence retirement.
Enacts GS 135-5(b22) and GS 128-27(b23) to detail the service retirement allowance provided under each system for members retiring from service on or after January 1, 2024, under subsections (a) or (a1) of each statute, which include both standard retirement and early retirement. Provides for the allowance calculation of law enforcement officers, eligible former law enforcement officers, firefighters, eligible former firefighters, EMS personnel, and eligible former EMS personnel, based on age at retirement and years of creditable service, setting the base allowance at 1.82% under TSERS and 1.85% under LGERS of the member's average final compensation multiplied by the years of creditable service for those retiring after the member's 55th birthday with five years of creditable service, or after 25 years of creditable service regardless of age. Provides for reductions for early retirement. Provides for reductions for early retirement. Makes conforming and clarifying changes under each System.
Amends GS 135-5(m)(1) to extend the alternative benefit option for a survivor of a firefighter or EMS personnel member of TSERS who had obtained 15 years of service a a firefighter or EMS personnel and was killed in the line of duty. Provides for the retirement allowance to be computed pursuant to new GS 135-5(b22)(1), notwithstanding the requirement for the member to have obtained the age of 50.
Similarly amends GS 128-27(m)(1) to extend the alternative benefit option for a survivor of an EMS personnel member of LGERS who had obtained 15 years of service as EMS personnel and was killed in the line of duty. Provides for the retirement allowance to be computed pursuant to new GS 128-27(b23)(1), notwithstanding the requirement for the member to have obtained the age of 50.
Amends GS 143-166.41 and GS 143-166.42, expanding eligibility of the annual separation allowance set forth for sworn law enforcement officers retiring from a State department, agency, or institution, or a local government employer, subject to TSERS and LGERS retirement requirements, to include officers who have completed 25 years of creditable service or more or attainted the age of 55 and completed five or more years of creditable service, beginning January 1, 2024. Makes conforming changes to each statute.
Effective January 1, 2024.
Amends GS 105-284 (the uniform assessment standard) to cap taxes levied on real property by a county, municipality, or other taxing district at 1% of the property’s assessed value unless otherwise authorized by Subchapter II of GS Chapter 105 (pertaining to listing, appraisal, and assessment of property and collection of taxes on property). Effective for taxes imposed for taxable years beginning on or after July 1, 2023.
| Intro. by Setzer. | GS 105 |
Enacts GS 75-44 establishing the following as unfair and deceptive trade practices by food delivery platforms unless it obtains express written authorization from an establishment or the establishment’s agent: (1) advertising, directly or indirectly, any statement or image that implies an establishment has partnered with the food delivery platform; (2) using a likeness, trademark, or other intellectual property belonging to an establishment; or (3) arranging for the delivery of a food order from an establishment. Specifies that an establishment, or the establishment's agent, may revoke authorization by notifying the food delivery platform in writing. Allows for the establishment to bring a civil action for any violations under the State’s consumer protection law as well as to seek injunctive relief. Defines establishment and food delivery platform. Effective October 1, 2023.
| Intro. by White, Pike. | GS 75 |
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.
Requires the State Board of Community Colleges to study and report to the specified NCGA committee by January 15, 2024, on options for improving community college funding and accountability. Requires evaluating at least: (1) the process of allocating funds to community colleges, especially allocating funds based on full-time enrollment (FTE), including evaluating benefits and associated costs of the specified changes to that process; (2) the effect the current formula, based on FTE, has on small community colleges, especially colleges with a significant number of part-time students, including a comparison of funds generated by part-time students relative to academic and institutional supports used by those students; (3) institutional accountability measures and performance standards, including at least the specified measures and metrics; (4) the extent to which the tiered weighting of community college courses reflects actual demand for occupations in the State and the different service regions for each community college, including consulting with the Department of Commerce to determine fields with the highest demand for workers compared to the number of courses offered in those fields and whether the current funding model encourages or discourages community colleges to start and maintain programs in high-demand fields; and (5) any other recommendation deemed relevant to the study.
| Intro. by Winslow, Elmore, Tyson, Willis. | STUDY |
Identical to S 432, filed 3/30/23.
Amends GS 115C-301 to allow a waiver on the class size requirements for kindergarten through third grade when there is a shortage of qualified, licensed teachers available to teach in a grade level for the number of classrooms required at each school, and/or inadequate classroom space or facilities that would require facility expansion, construction, or relocation.
| Intro. by von Haefen, Ball, Crawford, Gill. | GS 115C |
Enacts GS 160D-915.1 to authorize local governments to establish a process to permit temporary event venues, defined as an existing publicly or privately owned building or structure suitable for use as a site for public or private events relating to entertainment, education, marketing, meetings, sales, trade shows, and any other activities or occasions authorized by government ordinance, and limited to 72 hours. Defines local government to mean a municipality with a population of 100,000 or more. Allows the temporary event venue to be considered as a permitted accessory use in any zoning district and not considered a zoning map amendment; bars requiring a special use permit or subjection to other local zoning requirements. Allows only one temporary event venue per lot or parcel of land, and limits permitted venues to 24 temporary events in a calendar year. Details requirements for ordinances authorizing temporary event venues, including prescribing the process for persons seeking a temporary event venue permit or a renewal. Specifies that issuance of a temporary event venue permit is not a quasi-judicial act. Allows local governments to charge up to $100 for an initial permit and up to $50 for a renewal. Allows the local government to require any concerns from the required inspection to be addressed with reasonable measures and to require the use of temporary toilet facilities. Exempts permitted temporary event venues from requirements of the Building Code or any local variants. Requires compliance with federal laws and regulations. Provides parameters for instances in which permittees seek rezoning of the parcel to a zoning district that would allow a permitted use of the venue for events of the type authorized by a temporary event permit. Makes conforming changes to GS 143-138 (concerning the State Building Code). Effective October 1, 2023.
Enacts new GS 50-6.1 creating a waiver to the one-year separation requirement if one party was convicted of a crime of domestic violence against the other party, either within the State or outside the State if the crime would have constituted domestic violence under State law and the parties were married at the time. Requires a court to grant a divorce if the parties are living separate and apart and if either party has resided in the State for period of six months next preceding the filing of the complaint for divorce. Amends GS 50-8 (pertaining to contents of complaint for divorce; verification; venue and service in action by nonresident; certain divorces validated) as follows: sets forth pleading requirements for the waiver under GS 50-6.1; makes language gender neutral; modernizes outdated language; makes technical and conforming changes.
| Intro. by Charles Smith, Lowery. | GS 50 |
Part I
Codifies the existing statutes of Article 8C of GS Chapter 115C into two Parts. Codifies GS 115C-105.46 (State Board of Education responsibilities), GS 115C-47A (Proposals to establish alternative learning programs or alternative schools), and GS 115C-105.48 (Placement of students in alternative learning schools/alternative learning programs) into Part 1, titled Local Plans for Alternative Schools/Alternative Learning Programs, and the remaining sections of Article 8C into Part 2, Maintaining Safe and Orderly Schools.
Part II
Enacts GS 115C-105.65 in Article 8C. Sets forth defined terms. Requires public school units to adopt policies for establishing threat assessment teams in consultation with the policies developed by the Center for Safer Schools (CSS) at the direction of the statute. Defines threat assessment team to mean a multidisciplinary team that includes but is not limited to persons with expertise in counseling, instruction, school administration, and law enforcement that conducts threat assessments in a public school unit when threatening behavior has been communicated and when a student has engaged in threatening behavior that warrants further evaluation; requires, to the extent practicable, inclusion of a school psychologist, one staff member knowledgeable about and experienced in working with students with special needs, and one staff member knowledgeable about and experienced inworking with students with disabilities; permits the school to assign another mental health provider to the team if the psychologist is unavailable; provides for non-school personnel to access necessary student records subject to a written confidentiality agreement. Defines threatening behavior to mean any communication or action that indicates that an individual may pose a danger to the safety or well-being of school staff or students through acts of violence or other behaviors that would cause harm to self or others, communicated orally, visually, in writing, electronically, or through any other means and can be considered threatening.
Directs CSS to develop guidance for threat assessment teams for public school units in consultation with specified State and non-State entities, which must include procedures for the (1) assessment of and intervention with an individual whose behavior poses a risk to the safety of school staff, students or self, including suggested definitions of threat levels with examples of behavior that would be considered a threat under the given definitions; (2) involvement of the student's parent or legal guardian throughout the threat assessment process if the student is a minor; (3) referral to LME/MCOs for evaluation or treatment; and (4) compliance with specified state and federal laws.
Requires superintendents to establish a committee charged with coordination and monitoring of the threat assessment teams, or charge an existing committee. Mandates that each school in the public school unit have a multidisciplinary threat assessment team established by the superintendent. Grants the superintendent discretion in establishing a threat assessment team that can serve more than one school in the unit. Details six duties of threat assessment teams, including implementing the policies described above and upon finding a credible risk, intervention ranging from recommendation for mental health services to notice to the student’s parents or legal guardian as well as the individual who is the subject of the threatening behavior and/or notice to law enforcement. Specifies that information obtained by a threat assessment team is confidential and is exempt from disclosure under State public records law. Allows for teams to be trained by CSS upon request. Sets out reporting requirements.
Provides civil immunity to governing bodies of public school units, its members, employees, designees, agents and volunteers for acts and omissions relating to the participation in or implementation of any component of threat assessment team policies required by the act; excludes gross negligence, wanton conduct, or intentional wrongdoing. Specifies that the statute does not impose a specific duty or standard of care. Clarifies that the statute does not prevent public school personnel from acting immediately to address threatening behavior that is an imminent risk. Specifies that any act taken under the statute, or rule or policy adopted pursuant thereto, must comply with the US and State constitutions and Article 27 of GS Chapter 115C.
Enacts GS 122C-115.4(b)(9) to require LME/MCOs to receive referrals from school superintendents or designees pursuant to GS 115C-105.65, as enacted. Requires the LME/MCO to contact the student's parent or legal guardian with 10 calendar days of receipt of the referral to provide assistance with identifying appropriate existing mental health resources available to the student, as well as identifying sources of funding to assist with the costs. Directs CSS to establish guidance by December 31, 2023, and all public school units to establish threat assessment teams no later than March 1, 2024. Makes conforming changes to the powers and duties of CSS (GS 115C-105.57) to account for new statute.
Part III
Establishes peer-to-peer student support groups by local boards of education at all schools with grades six and higher. Encourages establishment of these groups as appropriate in other grades. Adds coordinating and providing training for students in peer-to-peer support groups to the list of direct services school counselors must provide under GS 115C-316.1. Directs CSS to provide support to school counselors in the administration and delivery of these programs. Encourages local boards of education to establish peer-to-peer support groups by the 2023-2024 school year and must establish peer-to-peer support groups by the 2024-2025 school year.
Part IV
Amends GS 115C-105.49, by making public school units, rather than local school administrative units, responsible for holding school-wide tabletop exercise and drills based on the procedures in the School Risk Management Plan (SRMP). Adds a new requirement for each public school unit to report the date and time the full school-wide tabletop exercise and drill (drill) is conducted to CSS. Amends GS 115C-105.49A, additionally requiring the Division of Emergency Management (Division) to leverage the schematic diagrams of participating nonpublic schools' facilities in constructing the School Risk and Response Management System (SRRMS) (currently, only includes public school units). Amends GS 115C-105.53 to require public school units to provide law enforcement agencies with updated access to school buildings when changes are made to other access control devices in addition to locks to main entrances or to key storage devices. Amends GS 115C-105.52, requiring the Department of Public Instruction (DPI) and CSS to consult with the Department of Public Safety (DPS) in developing and adopting policies on the placement of school crisis kits in schools and on the contents of the kits (previously directed the Center to consult with DPS and the Division of School Operations and authorized, but did not require, policies and kits). Amends GS 115C-105.49(a) and (d), GS 115C-105.49A(b), GS 115C-105.52, GS 115C-105.53(a) and (b), and GS 115C-105.54(a), to refer to "public school unit" rather than "local school administrative unit."
Part V
Repeals specified subsections of GS 115C-218.75 (concerning charter schools), GS 115C-238.66 (concerning regional schools), and GS 115C-239.8 (concerning laboratory schools) regarding respective School Risk Management Plans (SRMPs), school safety exercises, and school safety information reported to the Division. Instead, enacts a new subsection to each statute requiring charter schools, regional schools, and laboratory schools to comply with the applicable requirements of Part 2 of Article 8C, as amended. Similarly, makes the same requirements applicable to innovative schools, adding to GS 115C-75.9. Enacts GS 115C-150.16, adding the same requirements to schools for students with visual and hearing impairments.
Amends GS 115C-551 to more specifically refer to private church schools or schools of religious charter regarding voluntary participation in State programs. Adds a new section encouraging all private church schools and all schools of religious charter to adopt a SRMP in coordination with local law enforcement, provide schematic diagrams and main entrance keys to local law enforcement agencies (in addition to implementing companion provisions in GS 115C-105.52), at least annually hold a full school-wide lockdown exercise, and provide specified safety information to the Division. Amends GS 115C-559 to more specifically refer to qualified nonpublic schools regarding voluntary participation in State programs. Adds a new section encouraging the same school safety protocols as those added to GS 115C-551, above.
Applies beginning with the 2024-2025 school year.
Establishes the Reimbursement for Volunteer Firefighters Pilot Program (Program), operated by the Department of Public Safety, Division of Emergency Management (Division). Requires reimbursing firefighters who are employed by or a member of a volunteer organization for mileage from their duty station to the scene of an emergency, accident, or other event necessitating a firefighter response in their service area. Makes the reimbursement rate equal to the current standard business mileage rate issued annually by the IRS. Makes firefighters eligible for reimbursement also eligible for reimbursement for using their personal equipment at an accident scene. Sets out provisions for oversight and for submitting reimbursement requests. Terminates the Program on June 30, 2024. Requires the Division to seek to implement the Program by January 1, 2024, and advertise the Program on its website. Requires the Division to consult with volunteer firefighter organizations on the implementation of the Program.
Requires a report on the effectiveness of the Program to the specified NCGA committee by June 30, 2024.
Appropriates $1 million for 2023-24 from the General Fund to the Department of Public Safety, Division of Emergency Management, for the operation of the Program.
Effective July 1, 2023.
| Intro. by F. Jackson, Ward, Lucas, Wheatley. | APPROP |
Enacts GS 116-306 (UNC system) and GS 115D-82 (community colleges) barring both higher education systems from: (1) soliciting or requiring an interested person to endorse or opine about beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action as a condition to admission, employment, or professional advancement or (2) soliciting or requiring an interested person to describe his or her actions in support of, or in opposition to, the beliefs, affiliations, ideals, or principles identified above. Defines interested person as an employee of a constituent institution/community college or an applicant for admission or employment with a constituent institution/community college. Specifies that prohibited practices include solicitations or requirements for commitments to particular views on matters of contemporary political debate or social action contained on applications or qualifications for admission or employment or included as criteria for analysis of an employee's career progress.
Provides for an approval process to authorize a constituent institution/community college to institute a requirement or solicitation otherwise prohibited by the act because the constituent institution/community college determines that the requirement or solicitation is necessary for reasons related to the educational, research, or public-service mission of the UNC/community college system(s). Specifies that an employee is subject to discipline if they fail to comply with the requirements of the act.
Clarifies that nothing in the act: (1) authorizes a person to bring a cause of action against the UNC/community college system(s), State Board of Community Colleges, a constituent institution of either system, the State or any subdivision thereof; (2) limits the principles of campus free speech articulated in GS 116-300 (just UNC system); (3) infringes on voluntary opinions or speech of an interested person; prohibit discussion with an interested person on the contents of their resume/CV, scholarship or other written work or oral remarks presented by the person; or (4) modify or affect the ability of a constituent institution to ensure its employees comply with applicable federal or State law, including employment oaths, appointment affidavits, and licensure and certification requirements. Requires the UNC Board of Governors the State Board of Community Colleges to each adopt policies on free expression in conformance with the act.
Applies beginning with the 2023-2024 academic year.
Substantively identical to S 527, filed 4/3/23.
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 Goodwin. | GS 143 |
Enacts new GS 20-141.7 authorizing the use of electronic speed-measuring systems to detect speeding violations for State-maintained highways in school zones. Defines an electronic speed-measuring system as a mobile or fixed device that consists of an automated traffic camera and sensor and is capable of measuring the speed and producing one or more digital photographs of a motor vehicle violating a speed limit.
Sets information and photograph requirements these systems must produce per violation. Requires the Department of Transportation (DOT) to place notice within 1,000 feet of a system. Prohibits local governments from operating an electronic speed-measuring system. Makes violations captured by systems subject to a $250 civil penalty. Bars assigning points to the owner or driver of the vehicle and specifies that violations are noncriminal. Details notice requirements for violations detected by systems, including that the notice must be delivered by first-class mail. Deems registered owners served five days after mailing, whereby owners have 30 days to remit payment or respond before becoming subject to an additional $125 civil penalty. Allows for owners to contest responsibility within 30 days of service by providing a sworn affidavit stating the name and address of the person who had physical control of the vehicle at violation, or that the vehicle was stolen or lost at the time of violation, subject to specified content requirements; failure to respond within 30 days of service waives the right to contest responsibility. Requires law enforcement to notify DOT when citations or arrests are made where systems are in use; bars the DOT from issuing a notice of violation or imposing penalties under the act. Requires DOT to establish an administrative nonjudicial hearing process to review challenges and provides for appeal of final decisions to district court, with appeal of the district court's decision to the Court of Appeals.
Enacts new GS 8-54.1 making the results of the use of an electronic speed-measuring system if it meets the requirement above as well as calibration and testing requirements admissible as prima facie evidence for the purpose of establishing the vehicle's speed. Requires electronic speed-measuring systems to be calibrated and tested at regular intervals pursuant to DOT standards. Makes a written certificate by a certified technician showing that a test was made within the required period and that the system was accurate, competent and prima facie evidence of those facts. Requires notice to be taken in every proceeding in which the results of an electronic speed-measuring system are sought to be admitted for the purpose of enforcement of the rules approving the electronic speed-measuring system and the procedures for calibration or testing for accuracy of the system.
Enacts new GS 115C-457.4 establishing within the Civil Penalty and Forfeiture Fund a special fund entitled the Civil Penalty Litigation Fund that includes 75% of civil penalties paid under GS 20-141.7 and any other moneys appropriated or otherwise directed by the NCGA. Requires allocating funds in the Civil Penalty Litigation Fund to local school administrative units on a per-pupil basis and allows funds to be expended in accordance with the provisions of the State School Technology Fund. Requires that 75% of the total amount collected in fines and penalties under this act be paid into the Civil Penalty Litigation Fund and 25% be paid to the State Public School Fund. Specifies that payments to the Civil Penalty Litigation Fund are intended to satisfy the judgment entered on August 8, 2008, in North Carolina School Boards Association, et al., v. Moore, et al., Wake County Superior Court, No. 98-CVS-14158.
Appropriates $100,000 for 2023-24 from the General Fund to the Office of State Budget and Management to be allocated to the Civil Penalty Litigation Fund to implement this act.
Allows the Secretary of Transportation, or the Secretary's designee, to designate no more than 25 school zones on State-maintained highways at one time throughout the State to pilot this program. Requires a report to the specified NCGA committees on the program, including recommendations for extension, alteration, or continuance of the program. Specifies additional items that must be included in the report. Requires the report to be made annually beginning May 1, 2024.
Effective October 1, 2023, and applies to all civil penalties assessed for speeding violations in school zones on State-maintained highways on or after that date. Sets the act to expire on October 1, 2038.
Identical to S 350, filed 3/22/23.
Requires the Committee for Public Health (Committee) to do the following no later than October 15, 2023. Requires the Committee 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 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.
| Intro. by Clemmons, Reives, Cervania, Prather. | UNCODIFIED |
Amends GS 17C-6, by amending the powers of the North Carolina Criminal Justice Education and Training Standards Commission as follows. Requires also establishing minimum standards and levels of education and experience for criminal justice instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, and executive officers participating in required programs or courses. Also gives it the power to (1) certify and recertify, suspend, revoke, or deny and (2) investigate and evaluate those same individuals.
Amends GS 17E-4 by amending the powers of the North Carolina Sheriffs' Education and Training Standards Commission (Commission) as follows. In addition to certifying, allows the Commission to recertify, suspend, revoke, or deny: (1) persons as qualified under the provisions of this Chapter who may be employed as entry level officers and (2) training schools and programs or courses of instruction that are required by this Chapter. Allows the Commission to establish standards and levels of education or equivalent experience specifically for criminal justice school instructors, including instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, executive officers, and school directors (was, more generally teachers) who participate in programs or courses of instruction required by this Chapter. Expands upon the actions that can be taken concerning teachers to include, in addition to certify, recertify, suspend, revoke, or deny, and expands upon who is included in the provision to include criminal justice school instructors, including instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, executive officers, and school directors who participate in programs or courses of instruction required by this Chapter or are required and approved by the instructor's agency, including programs or courses of instruction certified under GS Chapter 17C or offered by an educational institution accredited by the Commission. Allows investigating and evaluation to determine if criminal justice school instructors, including instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, executive officers, and school directors are complying with this Chapter. Makes technical changes.
Amends GS 17E-5 to subject any papers, documents, or other records which become Commission property that are placed in the criminal justice officer's personnel file maintained to the same disclosure requirements for personnel records under GS Chapters 126, 153A, 47 and 160A.
Amends GS 17C-20 to open up eligibility for the Criminal Justice Fellows Program (Program) to all counties (was, tier one counties with a population of less than 125,000).
Amends GS 17C-22 concerning the Program, as follows. Clarifies that the total cap on the amount of forgivable loans is $6,304 over two years. Allows the North Carolina Criminal Justice Fellows Committee to extend the loan period to three years, without increasing the maximum loan amount, if the Committee, in its sole discretion, determines that circumstances warrant an extension of the period for a selected individual. Amends recipient obligations to require remaining a student (was, full-time student) in the specified program. Adds that the Committee, if it determines that circumstances warrant an extension of the period within which the recipient must obtain an Applied Associate Degree in Criminal Justice or Committee-approved field of study, the Committee may extend that period by up to 12 additional months.
| Intro. by Carson Smith, Faircloth, Greene. | GS 17C |
Amends GS 163-165.1(e) regarding access to voted ballots, adding to the avenues by which persons other than elections officials performing their duties have access to voted ballots and any paper and electronic records associated with those voted ballots, to include access by response to a public records request for all voted ballots of a precinct, ward, or other election district. Prohibits voted ballots and their associated paper and electronic records disclosed by public records request from disclosing how a particular voter voted, and requires redaction of any information identifying an individual voter (previously, prohibited disclosure of how a particular voter voted with disclosures of the documents by the other existing avenues, except by court order). Makes clarifying changes regarding a criminal violation of the statute, specifying that a violation of subsection (e), which provides for access to voted ballots and any paper and electronic records associated with those ballots, is a Class 1 misdemeanor (was, violation of the statute). Makes further technical changes.
| Intro. by Cleveland, Ward, Clampitt, Kidwell. | GS 163 |
Subject to voter approval on November 5, 2024, adds Section 39 to Article I of the NC Constitution, establishing that the right to live includes the right to work free from undue restraints and coercion. Provides that State policy prohibits the denial or abridging of an individual's right to work on account of membership or nonmembership, or payment or nonpayment, in a labor organization, defined to mean any trade union, labor union, or other labor association. Bars employers from conditioning employment or continued employment upon becoming or remaining a member, or abstaining or refraining from becoming a member, of any labor organization. Applies to contracts entered into, renewed, or extended on or after the date of certification of the amendment. Effective upon certification.
| Intro. by Hardister, K. Hall, D. Hall, Potts. | CONST |
Enacts new GS 20-141.7 authorizing the use of electronic speed-measuring systems to detect speeding violations for State-maintained highways in work zones. Defines an electronic speed-measuring system as a mobile or fixed device that consists of an automated traffic camera and sensor and is capable of measuring the speed and producing one or more digital photographs of a motor vehicle violating a speed limit.
Sets information and photograph requirements these systems must produce per violation. Requires the Department of Transportation (DOT) to place notice within 1,000 feet of a system. Prohibits local governments from operating an electronic speed-measuring system. Makes violations captured by systems subject to a $250 civil penalty. Bars assigning points to the owner or driver of the vehicle and specifies that violations are noncriminal. Details notice requirements for violations detected by systems, including that the notice must be delivered by first-class mail. Deems registered owners served five days after mailing, whereby owners have 30 days to remit payment or respond before becoming subject to an additional $125 civil penalty. Allows for owners to contest responsibility within 30 days of service by providing a sworn affidavit stating the name and address of the person who had physical control of the vehicle at violation, or that the vehicle was stolen or lost at the time of violation, subject to specified content requirements; failure to respond within 30 days of service waives the right to contest responsibility. Requires law enforcement to notify DOT when citations or arrests are made where systems are in use; bars the DOT from issuing a notice of violation or imposing penalties under the act. Requires DOT to establish an administrative nonjudicial hearing process to review challenges and provides for appeal of final decisions to district court, with appeal of the district court's decision to the Court of Appeals.
Enacts new GS 8-54.1 making the results of the use of an electronic speed-measuring system if it meets the requirement above as well as calibration and testing requirements admissible as prima facie evidence for the purpose of establishing the vehicle's speed. Requires electronic speed-measuring systems to be calibrated and tested at regular intervals pursuant to DOT standards. Makes a written certificate by a certified technician showing that a test was made within the required period and that the system was accurate competent and prima facie evidence of those facts. Requires notice to be taken, in every proceeding in which the results of an electronic speed-measuring system are sought to be admitted for the purpose of enforcement, of the rules approving the electronic speed-measuring system and the procedures for calibration or testing for accuracy of the system.
Enacts new GS 115C-457.4 establishing within the Civil Penalty and Forfeiture Fund a special fund entitled the Civil Penalty Litigation Fund that includes 75% of civil penalties paid under GS 20-141.7 and any other moneys appropriated or otherwise directed by the NCGA. Requires allocating funds in the Civil Penalty Litigation Fund to local school administrative units on a per-pupil basis and allows funds to be expended in accordance with the provisions of the State School Technology Fund. Requires that 75% of the total amount collected in fines and penalties under this act be paid into the Civil Penalty Litigation Fund and 25% be paid to the State Public School Fund. Specifies that payments to the Civil Penalty Litigation Fund are intended to satisfy the judgment entered on August 8, 2008, in North Carolina School Boards Association, et al., v. Moore, et al., Wake County Superior Court, No. 98-CVS-14158.
Appropriates $100,000 for 2023-24 from the General Fund to the Office of State Budget and Management to be allocated to the Civil Penalty Litigation Fund to implement this act.
Allows the Secretary of Transportation, or the Secretary's designee, to designate no more than 25 work zones on State-maintained highways at one time throughout the State to pilot this program. Requires a report to the specified NCGA committees on the program, including recommendations for extension, alteration, or continuance of the program. Specifies additional items that must be included in the report. Requires the report to be made annually beginning May 1, 2024.
Effective October 1, 2023, and applies to all civil penalties assessed for speeding violations in school zones on State-maintained highways on or after that date. Sets the act to expire on October 1, 2028.
Appropriates $180,000 for 2023-24 from the General Fund to the Office of State Budget and Management to be allocated in the form of a grant to Puppy Creek Fire Department Inc., to be used as title indicates. Effective July 1, 2023.
Requires the Wildlife Resources Commission (Commission) to implement the Herring Rule, 15A NCAC 10C .0423 (Alewife and Blueback Herring), as follows. Defines river herring to mean blueback herring and alewife. Requires the Commission to issue licenses for a limited harvest of river herring in the inland fishing waters of the Chowan River during the spring 2024 migration. Requires each license to allow a licensee to take for personal use up to 100 river herring. Requires licensees to report catches of herring to the Commission in the same manner as holders of licenses to take wild turkey and white-tailed deer. Sets the following license fees: (1) $12.50 for a license to take up to 25 river herring, (2) $25.00 for a license to take more than 25 and up to 50 river herring, and (3) $50.00 for a license to take more than 50 and up to 100 river herring. Requires the Commission to adopt temporary and permanent rules to amend the Herring Rule consistent with above provisions. Expires once permanent rules become effective.
Appropriates $10,000 from the General Fund to the Commission to support activities in response to this act. Effective July 1, 2023.
| Intro. by Goodwin. | APPROP |
Amends GS 115C-218, pertaining to the purposes of charter schools and various administrative bodies related to charter schools, as follows. Changes the NC Charter Schools Advisory Board to the NC Charter Schools Review Board (Review Board). Expands the Review Board’s powers to review and approve or deny charter applications, renewals, and revocations and to make recommendations to the State Board of Education (Board) on matters on appeal before the Board as provided by the act. (Currently, can only make recommendations to the Board and no specification about advising on appeal). Expands the membership of the Review Board from 11 to 12, to include the Superintendent of Public Instruction (SPI) or their designee. Specifies that the Board has the following duties regarding charter schools: (1) establishing all rules for the operation and approval of charter schools so long as those rules are first approved by the Review Board before adoption; (2) allocation funds to charter schools; (3) to hear appeals stemming from decisions of the Review Board; and (4) ensuring accountability from charter schools for school finances and performance. Amends the duties of the Chair of the Review Board to advocate for recommendations of the Review Board at meetings of the Board (currently, can only do so upon the Board’s request). Makes conforming changes to account for new name and role.
Enacts new GS 115C-218.9, providing for a de novo appeal of a decision to grant, renew, revoke, or amend a charter to the Board from the Review Board.
Amends GS 115C-218.20 (civil liability and insurance requirements) to add the Review Board to the list of entities immune from civil liability under the statute. Amends GS 115C-218.90 to provide immunity to the SPI and the Review Board, in addition to the Board, for negligence pertaining to criminal history checks.
Makes conforming changes to GS 115C-218.2 (opportunity to correct applications), GS 115C-218.3 (fast-track replication of high quality charter schools), GS 115C-218.5 (final review of application for charter schools), GS 115C-218.6 (review and renewal of charters), GS 115C-218.7 (material revisions of charters), GS 115C-218.8 (nonmaterial revisions of charters), GS 115C-218.15 (charter school operation), GS 115C-218.30 (reporting requirements), GS 115C-218.35 (pertaining to leases of land), GS 115C-218.45 (admission requirements), GS 115C-218.90 (employment requirements), GS 115C-218.95 (causes for nonrenewal or termination and disputes), GS 115C-218.105 (state and local funds for a charter school), GS 115C-218.110 (pertaining to distribution of information about the charter school process), GS 115C-296.2 (defining public school), GS 135-5.3 (Optional participation in TSERS for certain charter schools) to account for new name and revised powers of the Review Board and Board.
Further amends GS 115C-218.3 to require that an appeal of any decision on a fast-track replication process be issued by the Board by no later than December 1 of the same year the process was initiated.
Amends GS 115-218.20 to provide immunity from civil liability for Review Board members for acts or omissions of the charter school.
Amends GS 135-48.54 (optional participation in state health plan for certain charter schools) to require that the election on whether to become a participating employer in the state health plan be filed with the Review Board, in addition to other entities already listed.
Specifies that the current members of the NC Charter Schools Advisory Board will be the initial members of the Review Board. Sets the following replacement schedule upon expiration of the current members’ terms: (1) one term expiring in 2023 will be replaced with an appointment by the General Assembly upon the recommendation of the Speaker of the House of and (2) two terms expiring in 2023 will be replaced with an appointment by the General Assembly upon the recommendation of the President Pro Tempore of the Senate for two-year terms. As those terms expire in 2025 and thereafter, or as vacancies occur prior to the expiration of those terms, those members on the Review Board will be appointed in accordance with GS 115C-218.
Permits for any applicant or charter school that had an application, charter amendment, renewal, or termination submitted on or after July 1, 2022, that the NC Charter Schools Advisory Board recommended be decided in the applicant or charter school's favor and that the Board then subsequently decided against the NC Charter Schools Advisory Board's recommendation to apply for the decision to be reconsidered by the Review Board. Sets forth process for reconsideration.
Applies beginning with the 2024-25 school year.
Enacts new GS 115C-81.58 requiring the standard course of study to requires that courses from elementary school through high school include age-appropriate units on the impact of Asian Americans and Pacific Islanders on American history. Requires the inclusion of at least the following: (1) early contributions of Asian immigrants as farmers, miners, fishermen, factory workers, and laborers who helped build the transcontinental railroad; (2) challenges and struggles that Asian immigrants have endured and persevered throughout US history; (3) role of Asian Americans in the Civil Rights Movement of the 1960s; (4) role of Asian Americans as the fastest growing minority group in the US; and (5) contribution of Asian Americans and Pacific Islanders in government, arts and sciences, and economic, cultural, social, and political developments in NC and the US. Applies to courses taught beginning with the 2024-25 school year.
| Intro. by Liu, Cotham, Willis, Lowery. | GS 115C |
Identical to S 447, filed 3/30/23.
Section 1
Current law, GS 95-25.3(a), sets the minimum wage that every employer must pay to each employee who performs any work during any workweek at the higher of $6.15 per hour or the minimum wage set forth in 29 USC 206(a)(1) (the Fair Labor Standards Act, which may change with time), except as otherwise provided in the statute.
This act increases the state's minimum wage in three phases. Effective January 1, 2024, sets the minimum wage at the higher of $10.35 per hour or the minimum wage set forth in 29 USC 206(a)(1). Effective January 1, 2025, sets the minimum wage at the higher of $15.00 per hour or the minimum wage set forth in 29 USC 206(a)(1). Beginning September 1, 2025, requires an annual adjustment by the Commissioner of Labor, calculated as specified.
Eliminates the remaining content of GS 95-25.3, except existing subsection (f), which permits tipped employees to have tips counted as wages up to a certain federally specified limit.
Section 2
Further amends GS 95-25.3, setting a statutory cap on the amount of tips earned by tipped employees that can be counted as wages at $6.50 per hour. Eliminates employee notice and employer record keeping requirements. Effective January 1, 2024, until December 31, 2024. Gradually increases the statutory cap, further amending the statute effective for the following specified terms: $9.50 per hour, effective January 1, 2025, until December 31, 2025; $12.50 per hour, effective January 1, 2026, until December 31, 2026; and $15.00 per hour, effective January 1, 2027, until December 31, 2027 . Further amends the statute, effective January 1, 2028, setting the minimum wage rate of a tipped employee at the amount set by the Commissioner of Labor as annually adjusted, with no tips counted as wages. Bars reducing an employee's wages under a tip pooling arrangement.
Section 3
Amends GS 95-25.14 to no longer exclude the following individuals from the provisions of GS 95-25.3 (Minimum Wage); GS 95-25.4 (Overtime); GS 95-25.5 (Youth Employment); and GS 95-25.15(b) (Record Keeping): (1) any persons employed in agriculture, as defined by federal law; (2) any person employed as a domestic, including baby sitters and companions, as defined by federal law; and (3) persons confined in and working for any penal, correctional, or mental institution of State or local government. Makes clarifying and technical changes.
| Intro. by Harrison, Cunningham, F. Jackson, Staton-Williams. | GS 95 |
Amends the State mandatory child immunization requirements for diseases other than diphtheria, tetanus, whooping cough, poliomyelitis, red measles (rubeola) and rubella (GS 130A-152) to include a requirement that the immunization has been licensed by the FDA for a minimum of three years unless 3/5 of the members of the Commission for Public Health (Commission) votes to authorize the immunization earlier. Makes organizational and technical changes. Applies to new vaccine requirements established for children in this State on or after the act becomes law.
| Intro. by Blackwell, Biggs, Potts, Sasser. | GS 130A |
The Daily Bulletin: 2023-04-13
Part I.
Effective beginning with the redistricting done upon the return of the 2030 decennial census, enacts Section 25 to Article II of the NC Constitution to charge the NCGA with establishing by law an independent process to revise the electoral districts for Congress and the NCGA after return of the decennial census, subject to the following limitations. Prohibits NCGA involvement in revising electoral districts. Requires each NCGA member and US House member to represent as equal numbers of inhabitants as possible. Mandates districts to consist of contiguous territory. Prohibits division of a county for NCGA districts to the extent practicable and consistent with federal law. Mandates that the districts remain unaltered until the return of another decennial census. Grants adopted electoral districts legislative force and effect. Makes conforming changes to Sections 3 and 5 of Article II to charge the NCGA with establishing an independent process to revise legislative districts and the apportionment of legislators among those districts. Effective beginning with the redistricting done upon the return of the 2030 decennial census, amends Section 5 of Article II to require that every bill in which the General Assembly makes an appointment or appointments to public office must be read three times in each house before it becomes law and must also be signed by the presiding officers of each house. (Currently, applies to bills that solely pertain to: appointments, revisions to senatorial and representative districts, and revisions to districts for elections to the US House of Representatives.) Subject to approval by voters of the State at the general election in November 2024.
Enacts Article 1B, Redistricting, to GS Chapter 120. Sets forth 15 defined terms. Establishes the NC Citizen Redistricting Commission (Commission), charged with preparing preliminary, proposed, and alternative plans for legislative and congressional apportionment and adopting final plans for the purpose of nominating and electing legislative and congressional members. Details Commission member eligibility, including residency and voter registration requirements, and a number of disqualifications, among them: contributing more than $1,000 to any candidate for public office and no more than $10,000 in total to candidates for public office, having been a staff member or legal counsel to the NCGA, having served in any public office except if the candidate has served in a federal or State recognized Native American tribe, having held any political appointment, and having been convicted of a crime against a governmental body of the United States or a crime with a direct connection to espionage, terrorism, treason, sabotage, sedition, and insurrection (including the following: overthrowing or attacking any governmental body of the United States, preventing any official of any governmental body of the United States from performing his or her official duties, or preventing persons from exercising their rights under the laws of any governmental body of the United States).
Bars a person having served as a member of the Commission from holding any public office until conclusion of the term they were appointed so serve, even if they resign or are removed prior to the conclusion of their term. Details member application procedures, including applying to the State Auditor with relevant information and disclosures for eligibility review, who will then review the application pool and submit a diverse group of up to 60 applicants to the NCGA, as specified. Requires the Speaker of the House, House Minority Leader, Senate President Pro Tempore, and Senate Minority leader to each strike six candidates. After that occurs, provides for selection of 15 diverse Commission members, as specified. Sets terms at 10 years. Details other parameters of the Commission, including appointment of a chair, removal from office, vacancies, and reimbursement of member expenses. Provides for a $2,000 stipend for each month the Commission meets. Details Commission staffing and the application of open meetings and public records laws.
Enumerates six criteria that all redistricting plans must meet, including electoral impartiality and minimization of the number of split communities of interest, as defined. Provides for Commission adoption of preliminary, proposed, alternative, and final plans depending on appointed member affiliations. Directs the State Auditor to submit to the Commission a list of qualified persons who can serve as a special master, who must draw and submit a plan that the Commission must adopt in the event a plan cannot be adopted pursuant to the statute. Provides for appointment of the special master by the Commission, depending on appointed member affiliations.
Mandates the Commission hold a minimum of 20 public hearings across the State, requiring providing the seven enumerated resources for public input, including sufficient time to review the plan, access to demographic data and mapping software.
Authorizes the NCGA to assign to the Commission the duty to prepare district plans for local government if their governing board or an appropriate court so requests.
Provides for Commission member terms to begin on January 1, 2023, and conclude on June 30, 2030, for any redistricting that might occur pursuant to GS 120-2.4 based on data from the 2020 federal census.
Makes the above statutory and uncodified provisions effective January 1, 2030, subject to voter approval of the constitutional amendments set forth in this Part.
Part II.
Makes conforming changes to GS 120-2.3 regarding judgments invalidating apportionment or redistricting acts.
Makes conforming changes to GS 120-2.4, requiring a court to grant the Commission two weeks' time to remedy any defects a court has identified in a plan apportioning or redistricting legislative or congressional districts prior to the court imposing its own substitute plan. Makes further conforming changes.
Repeals GS 120-133, which provides for the confidentiality of NCGA redistricting communications until plans become law.
Effective January 1, 2030, subject to voter approval of the constitutional amendments set forth in Part I of the act.
Enacts GS 1-543.11A requiring a person who wishes to act as a transferee, attempt to acquire structured settlement payment rights through a transfer from a payee who resides in the State, or file a structured settlement transfer proceeding in this State to first register with the Department of Insurance (Department) as a structured settlement purchase company (SSPC). Authorizes the Department to develop rules and charge a registration fee. Provides for initial registration on a form prescribed by the Department, and requires a surety bond, letter of credit, or cash bond of $50,000. Sets forth notice requirements when a judgment is secured against an SSPC by a payee. Specifies that the liability of the surety (i.e., a co-signer) under the bond is not affected by any (1) breach of contract, (2) breach of warranty, (3) failure to pay a premium, (4) other act or omission of the bonded SSPC, or (5) insolvency or bankruptcy of the SSPC. Specifies limits on cancellation of a surety bond. Provides that registration of the SSPC expires automatically upon the cancellation of the bond unless a new surety bond, letter of credit, or cash bond is filed with the Department. Exempts assignees and employees from SSPC registration. Sets forth rules related to federal tax liability under 26 USC 5891 (structured settlement factoring transactions).
Makes amendments to GS 1-543.11 to amend definitions of discounted present value, independent professional advice, interested parties, payee, qualified assignment agreement, structured settlement agreement, and structured settlement payment rights. Adds and defines terms assignee, dependents, gross advance amount, net advance amount, periodic payments, person, renewal date, SSPC, structured settlement transfer proceeding, transfer order, and transferee.
Enacts GS 1-543.11B pertaining to prohibited practices, a private right of action, and penalties. Bars transferees, SSPCs, or an employee or other representative of an SSPC or transferee from engaging in 11 prohibited practices, including (1) acquiring structured settlement payment rights from a payee without complying with this Article and obtaining court approval of the transfer in accordance with this Article; (2) intentionally advertising materially false or misleading information regarding its products or services; (3) attempting to coerce, bribe, or intimidate a payee seeking to transfer structured settlement payment rights; and (4) attempting to defraud a payee, any party to a structured settlement transfer, or any interested party in a structured settlement transfer proceeding by means of forgery or false identification. Grants a payee standing to bring a private action for violation of the Structured Settlement Protection Act (Act). Permits the payee to recover all damages and pursue all rights and remedies to which the payee may be entitled pursuant to the Act or any other law. Provides for recovery of attorneys’ fees, actual damages, and payment of damages of up to $5,000 along with reconveyance to the payee of all unpaid structured settlement payment rights transferred in violation of the Act. Authorizes a court that determines that an SSPC or transferee is in violation of GS 1-543.11B(a) to do any of the following: (1) revoke the SSPC’s registration, (2) suspend the SSPC’s registration for a period of time, (3) enjoin the SSPC or transferee from filing new structured settlement transfer proceedings in the State or otherwise pursuing transfers in the State. Specifies when an SSPC may bring a private action under GS 1-543.11B(a) and allows recovery of all damages or any remedies available to the SSPC.
Enacts GS 1-543.11C, which sets forth 11 required disclosures that an SSPC must provide to a payee not less than three days prior to the date on which the payee signs a transfer agreement, with specifications as to font size and format.
Amends GS 1-543.12 pertaining to transfers of structured settlement payment rights. Expands the section’s scope to also apply to assignees of structured settlement payment rights (currently, just transferees). Amends the findings that a court order must contain authorizing the transfer to delete provisions pertaining to required notice, the discount rate, brokers’ commissions and other fees, a determination that the transfer is fair and reasonable, and authorizing a court to transfer payment rights even if the agreement prohibits such transfers. Requires the court to determine that the transfer does not contravene any statute or the order of any court or other government authority; that the transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents; and the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received advice or knowingly waived that opportunity.
Specifies that no direct or indirect transfer of a minor's structured settlement payment rights by a parent, conservator, or guardian is effective and no structured settlement obligor or annuity issuer will be required to make a payment directly or indirectly to a transferee or assignee of the minor's structured settlement payment rights unless, in addition to the findings set forth above, the court also finds all of the following: (1) the proceeds of the proposed transfer would be applied solely for the support, care, education, health, and welfare of the minor payee and (2) any excess proceeds would be preserved for the future support, care, education, health, and welfare of the minor payee and transferred to the minor payee upon emancipation. Makes conforming changes to section title. Bars structured settlement payment rights arising from a worker’s compensation claim.
Enacts GS 1-543.12A setting forth the effects of a transfer of structured settlement payment rights, including reliance on the court order, transferee liability to the structured settlement obligor and the annuity issuer, and further transfer of structured settlement payment rights. Makes technical changes to GS 1-543.13 (pertaining to jurisdiction over structured settlement agreements).
Amends GS 1-543.14 (procedure for approval of transfers) to require an in-person hearing on an application and makes conforming changes to account for registration requirements. Changes the filing/service deadline for a transferee to file/serve certain documents with the court or responsible administrative authority from 30 days prior to the scheduled hearing to 20 days and specifies that the parent or other guardian or authorized legal representative of any interested party who is not legally competent must also be served with copies of the required documents. Adds to the items that must be included in the notice. Sets a deadline for any response to those documents to five days before the hearing.
Amends GS 1-543.15 (pertaining to waiver and, as amended, miscellaneous provisions) to include the following. Makes conforming changes to account for newly expanded private right of action. Requires that transfer agreements entered into with a payee who resides in the State to contain a forum selection/choice of law provision requiring that any disputes be resolved in North Carolina and under North Carolina law. Bars confessed judgments (i.e., judgment without notice or a hearing). Bars transfer of structured settlement payment rights to any payments that are life contingent unless certain preconditions are fulfilled. Requires a transferee to request dismissal of an application when the payee cancels a transfer agreement or the transfer agreement otherwise terminates after an application for approval of a transfer of structured settlement payment rights has been filed but not yet granted or denied.
Effective when the act becomes law and applies to transfer agreements entered into on or after October 1, 2024. Clarifies that nothing in the act is intended to imply that any transfer under a transfer agreement entered into prior to October 1, 2024, is valid or invalid.
| Intro. by Sawyer, Craven, Johnson. | GS 1 |
Amends GS 58-3-220, pertaining to mental illness benefits coverage, as follows. Deletes language pertaining to what limits include as it pertains to mental health equity insurance coverage. Deletes references to the Diagnostic and Statistical Manual of Mental Disorders (DSM V) and excluded conditions in all places except the definitions. Requires an insurer to adhere to the following when determining the medical necessity for a treatment modality for a mental illness: (1) make the determination in a manner that is consistent with the manner used to make that determination with respect to other diseases and (2) medical necessity determinations related to substance use disorders must be in accordance with appropriate evidence-based criteria established by a leading medical necessity guideline source. Makes technical and organizational changes.
Amends the definition of health benefit plan and makes other conforming changes to GS 58-50-61, pertaining to utilization reviews. Requires criteria for determining when a patient needs to be placed in a substance abuse treatment program to be made in accordance with appropriate evidence-based criteria established by a leading medical necessity guideline source.
Makes conforming changes to definition of mental illness in GS 58-51-55 (barring discrimination against mentally ill or chemically dependent individuals in insurance policies), GS 58-65-90 (barring discrimination against mentally ill or chemically dependent individuals by hospital service corporations), and GS 58-67-75 (barring discrimination against mentally ill or chemically dependent individuals by HMOs) to just refer to GS 58-3-220.
Repeals subsections (b) and (c) in the listed sections below pertaining to coverage for chemical dependency treatment in insurance policies (GS 58-51-50), hospital service corporations (GS 58-65-75), and HMOs (GS 58-67-70). Repeals GS 58-51-55(c), GS 58-65-90(c), and GS 58-67-75(c), all of which specify that the section does not require an insurer/hospital service corporation/HMO to offer coverage for chemical dependency, except as provided GS 58-51-50.
Effective October 1, 2023, and applies to insurance contracts issued, renewed, or amended on or after that date.
| Intro. by Burgin. | GS 58 |
Enacts GS 130A-309.240, pertaining to decommissioning and restoration requirements for utility-scale solar projects, as part of new Part 2J (Management of Solar Energy Equipment) to Article 9 of GS Chapter 130A. Defines photovaltaic module (PV module) to mean the smallest nondivisible, environmentally protected assembly of photovoltaic cells or other photovoltaic collector technology and ancillary parts intended to generate electrical power under sunlight, that is part of a utility-scale solar project. Also defines cessation of operations, expansion or expanded, rebuild or rebuilt, recycle, transfer or transferred, and utility-scale solar project.
Requires the owner or operator of a utility-scale solar project to be responsible for proper decommissioning of the project upon cessation of operations and restoration of the property to its condition before the utility-scale solar project was sited, including all costs, by no later than one year following cessation of operations. Specifies the following minimum steps to be taken in decommissioning a project:
- Disconnect the solar project from the power grid.
- Remove all equipment from the solar project, and collect and ship equipment for reuse, or recycle all of the components thereof capable of being recycled, including the PV modules; the entire solar module racking system; aboveground electrical interconnection and distribution cables that are no longer deemed necessary; subsurface cable no longer deemed necessary; any metal fencing; electrical and electronic devices, including transformers and inverters; and defined term, energy storage system batteries. Components that will not be shipped for reuse, and are incapable of being recycled, must be properly disposed of in (i) an industrial landfill; (ii) a municipal solid waste landfill; or (iii) a hazardous waste disposal facility, for materials determined to be hazardous. Recycling of equipment must be conducted in compliance with environmentally sound management practices to transport and recycle such items. An owner or operator must conduct and document due diligence assessments of the recyclers it contracts with, including an assessment of compliance with environmentally sound recovery standards. Requires the Department of Environmental Quality (Department) to adopt rules to establish environmentally sound recovery standards for this purpose.
- Restore the property to (i) its condition before the utility-scale solar project was sited or (ii) an alternative condition approved by both the landowner and the Department. Land that was filled, graded, or cleared of trees for the solar project may be revegetated or reforested with seedlings instead of restored to its original condition.
Provides for notice to the Department. Sets forth registration requirements with the Department for utility-scale solar projects.
Effective August 1, 2025, and applies to utility-scale solar projects constructed prior to or after that date
Requires the owner/operator to submit a decommissioning plan, by the specified time frame, containing six required elements (contact information, project narrative, information on equipment to be salvaged, information on how the property will be restored, cost estimate, and how the financial assurance requirement will be met) that is prepared by a professional engineer licensed in North Carolina for approval by the Department. Requires the owner/operator of the project to establish financial assurance either by August 1, 2025, or at least 90 days prior to the commencement of the project, depending on when the project is constructed. Specifies that the financial assurance must be in an amount acceptable to the Department that will ensure that sufficient funds are available for decommissioning the project and restoration of the property. Effective August 1, 2025, and applies only to (1) utility-scale solar projects for which applications for certificates of public convenience and necessity are pending or submitted on or after the effective date of the act; (2) utility-scale solar projects in operation on the date the act become effective, only if the project is rebuilt or expanded, as those terms are defined by GS 130A-309.240(a)(2) and (4), after the effective date of the act, in which case the project will be subject to the registration and decommissioning plan requirements of GS 130A-309.240(c) and (d); and (3) utility-scale solar projects in operation on the date the act becomes effective, if ownership of the project is transferred after the effective date of this act, in which case the project will be subject to the registration and decommissioning plan requirements of GS 130A-309.240(c) and (d) upon transfer of ownership.
Requires the Utilities Commission to develop and maintain a list of all utility-scale projects operating within the State and to provide the Department with an updated list on or before July 1 each year. Permits landowners and local governments to establish more stringent requirements for decommissioning and financial assurance projects for their property/jurisdictions. Permits the Department to collect fees and to delegate all or some responsibility for the implementation of GS 130A-309.240 to local governments.
Requires the Department to adopt permanent rules establishing criteria to set the amount of financial assurance criteria and other rules as necessary setting criteria for decommissioning plans, registration fees, and any other matter it deems necessary by August 1, 2025. Requires quarterly reports to the specified NCGA committee on the implementation of the act starting December 1, 2023, through December 1, 2025.
Enacts GS 130A-309.241 requiring the Department and the Department of Commerce to identify existing incentives and grant programs to encourage research and development on recycling and reuse of PV modules and to facilitate growth of the State's PV module recycling and reuse industry. Permits enforcement of the act under the remedies provision of GS Chapter 130A, including any appeals taken as part of an enforcement action.
Makes conforming changes to GS 130A-309.06 (pertaining to the powers and duties of the Department).
Appropriates to DEQ (1) $10,000 in nonrecurring funds for the 2023-24 fiscal year for operational start-up costs to establish the program as required by GS 130A-309.240 and (2) $379,000 in recurring funds for the 2023-24 fiscal year for three full-time equivalent (FTE) positions to implement the program as required by GS 130A-309.240.
Requires the Public Staff of the Utilities Commission to identify existing laws that do not require ratepayer contribution or governmental appropriations that would enable recovery of the costs of decommissioning for utility-scale solar facilities not subject to a financial assurance requirement pursuant to GS 130A-309.240, a requirement of local government with jurisdiction over the property where the facility is located, or a lease or other binding contract and to compile a list in consultation with the Department of all utility-scale solar projects operating within the State as of the effective date of the act and to report this information to the NCGA by no later than January 1, 2025.
Specifies rules of construction pertaining to existing contracts. Contains severability clause.
| Intro. by P. Newton, Moffitt, Rabon. | GS 130A |
Abolishes funds, grants, allotments, and other sources of funding that expend their funds from the State Public School Fund that are in effect before the act’s effective date.
Enacts new Article 3A to GS Chapter 115A, establishing the NC Weighted Student Funding Model, providing as follows.
Defines the following terms: average daily membership (ADM) is the sum of the total number of days in a month a student is enrolled divided by the total number of school days in that month.
Base funding amount is the uniform dollar amount that each student generates toward the student's funding allocation in a given school year.
Academically or intellectually gifted student is a student who participates in plans developed pursuant to Article 9B of GS Chapter 115C.
Economically disadvantaged student is any student identified by a public school unit (PSU) meeting the criteria of Directly Certified, Categorically Eligible, or a method consistent with State or federal guidance for financial assistance regardless of participation or eligibility in the National School Lunch Program (NSLP).
Directly Certified means students who are eligible for free meals through data matching of Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), or Food Distribution Program on Indian Reservations (FDPIR), which includes Extended Eligible students and those found in the Direct Certification system.
Categorically Eligible means students who qualify as economically disadvantaged based on their classification as homeless, runaway, migrant, foster, Medicaid recipient, or being enrolled in Head Start or a comparable State-funded Head Start or pre-kindergarten program.
Economically disadvantaged student factor is the headcount of economically disadvantaged students in a public school unit multiplied by the percentage of students in the unit identified as economically disadvantaged.
Exceptional children are students who receive services provided pursuant to Article 9 of GS Chapter 115C (students with disabilities).
Limited English proficient student is a student who receives services for students learning English as a second language.
Small county school administrative unit is a local school administrative unit that has an ADM of fewer than 3,300.
Sets forth a public school funding model based on ADMs and weighted categories as follows. Requires that the base funding amount for each student will be allotted to each public school unit on the basis of the ADM for the unit. Provides that additional weighted allocations, none of which are mutually exclusive, will be provided to public school units for each student in the following categories:
(1) ADM in grades K-5, which will be 31% for the 2023-25 biennium.
(2) ADM in grades 8-12, which will be 29% for the 2023-25 biennium.
(3) Economically disadvantaged student factor, which will be 38% for the 2023-25 biennium.
(4) ADM in small county school administrative units, which will be 32% for the 2023-25 biennium.
(5) Student headcount of exceptional children, which will be 130% for the 2023-25 biennium.
(6) Student headcount of academically or intellectually gifted students, which will be 4% for the 2023-25 biennium.
(7) Student headcount of limited English proficient students, which will be 10% for the 2023-25 biennium.
Requires biannual reports at the end of October and February of each year from each local board of education through the superintendent, based on information provided by the principal, for each school within the local school administrative unit with the Superintendent of Public Instruction (SPI). Specifies form and content of report. Requires periodic audits by the SPI for accuracy and for student-teacher ratios. Permits the State Board of Education (Board) to penalize local boards of education if those ratios have been improperly exceeded. Requires the SPI to submit a summary of the biannual reports and the results of any audit conducted by the SPI to the specified NCGA committee.
Amends GS 115C-105.25, pertaining to budget flexibility as follows. Permits school flexibility to accomplish school goals, so long as the local board does not violate rules associated with the receipt of federal funds or federal grants. Amends publication requirements for local school administrative units to specify that the public must be informed on how State, local, and federal funds have been used (currently, just funds). Deletes provisions limiting the transfers of funds to certain purposes and reporting information on the use of budget flexibility provided to Advanced Teaching Roles schools. Makes technical and conforming changes.
Amends GS 115C-283.82 to delete references to "allotment" and/or "classroom teacher allotment" and to replace those terms with "funding."
Amends GS 115C-301, pertaining to class size, as follows. Deletes provisions pertaining to teacher position allotments, requests for teacher funds to the Board, appropriation, biannual reports, and provisions allowing allotment of additional classroom teachers when consolidation is not feasible. Changes references from “maximum class size” or “class size” to “student-teacher ratios.” Amends the class size requirements for kindergarten through third grade to only require that an average class (currently it’s each individual class) not exceed the listed student-to-teacher ratio by more than three students. Deletes provisions stipulating that the average class size for those grades cannot exceed the funded allotment ratio of teachers to students in kindergarten through third grade. Deletes provisions allowing local school administrative units maximum flexibility to use allotted teacher positions to maximize student achievement in grades 4 through 12. Deletes provisions authorizing the Board to allot additional positions at any grade level upon report of significant increases in class size. Only allows for waivers of the required ratios if that occurs. Makes technical, organizational, and conforming changes.
Amends GS 115C-375.5 (education for pregnant and parenting students) to delete reference to "supplemental funds from the at-risk student services allotment" and replaces that with "funds." Deletes references to allotments or allocations (including distribution thereof) in GS 115C-105.30 (distribution of staff development funds) and GS 115C-528 (lease sales and purchase contracts).
Repeals GS 115C-238.50A(1b) (definition of cooperative innovative high school allotment) and makes conforming change to GS 115C-238.54(a) (pertaining to school codes for cooperative innovative high schools) and GS 115C-156 (state funds for career and technical education). Deletes the funding calculations in GS 115C-238.70 (state and local funds allocated to regional schools) and replaces them with a reference to new GS 115C-25.2. Deletes statutory references to state and local funds for charter schools in GS 115C-218.15 (charter school operation) and GS 115C-218.100 (charter school dissolution). Replaces charter school funding formula with reference to new GS 115C-25.2.
Repeals the following laws:
- GS 115C-316.5 (school psychologists allotment).
- GS 115C-218.42 (charter school transportation grant program)
- The Education and Workforce Innovation Program (Article 6c)
- GS 115C-105.60 (school resource officer grants)
- GS 115C-311 (teacher compensation models)
- GS 115C-377 (feminine hygiene grant program)
- GS 115C-111.3(b) (pertaining to cost of education for children in group homes or foster homes)
- Section 7.8 of SL 2007-107, as amended (pertaining to disadvantaged student supplemental funding and low wealth initiatives)
- Section 7.12 of SL 2021-180 (transportation reserve fund for homeless and foster children)
Enacts new GS 115C-25.4, requiring the Board to maintain an ADM Contingency Reserve for schools whose needed funding for a given school year exceeds their initially funded amount. Specifies that if there are not enough funds, then the Board may use funds appropriated to the State Aid for Public Schools. Beginning with the 2023-24 school year, requires the Department of Public Instruction (Department) to distribute funds to public school units whose funding is determined by the model set forth above. The Department must provide funds from the ADM Contingency Reserve to fund public school units whose funding as determined at the conclusion of the second month of the school year by the method set forth above for the current school year exceeds the amount determined at the time of the initial funding determinations, based on changes in ADM and ADM and headcount within weighted groups.
Repeals Section 7.15 of SL 2007-232.
Effective July 1, 2023, and applies beginning with the 2023-24 fiscal year.
| Intro. by Lee, Galey, Barnes. | GS 115C |
Amends GS 143-64.01 to specify that the State Surplus Property Agency (Agency) within the Department of Administration (Department) is the designee for State surplus property. (Currently just refers to the Department.) Amends the definitions in GS 143-64.02 (pertaining to state surplus property) as follows. Amends the definition of agency to specifically include a unit of the executive branch, Council of State, UNC, and State Board of Community Colleges. Changes the term "State-owned" to "State-owned property" and expands it to also include inventory, farm products, goods, and consumer goods in the State possession, as well as personal property seized or acquired by the State; specifically excludes real property. Amends the definition of surplus property to now mean State-owned property that is obsolete, unused, or no longer needed by a State agency. Authorizes the General Assembly and the Judicial Department to sell or otherwise dispose of State-owned or surplus property within their possession and control.
Enacts new GS 143-64.03A authorizing third-party auctions, auction procedures, and reporting, as follows.
Permits an agency to utilize a third-party auction service by submitting a petition to the Agency for approval. Sets forth approval process, including grounds to disapprove the application. Allows for appeal of Agency determination to the Secretary of Administration (Secretary) if agency revokes an authorization because a ground for disapproval has been found. Specifies that once a petition has been approved, the agency is authorized to use the third-party service unless the approval is revoked. Sets forth processes relating to valuation, registration of property by third-party auction service, the actual auction, and disposal of unsold items. Requires agency record keeping of certain information pertaining to items sold through third-party auction services and items that were disposed of for three years. Requires that each agency utilizing a third-party auction service submit an annual report to the specified NCGA committee by January 1 of each year to include the following: (1) a listing of the third-party auction services used to sell surplus items, (2) total funds received by sales through each auction service, (3) total funds distributed to each agency, and (4) total funds distributed to the Department. Requires the Agency to submit an annual report to the specified NCGA committee by January 1 of each year to include information on the number of petitions submitted, denied, and any appeals.
Makes technical and conforming changes to GS 143-64.03 (powers and duties of the Agency), GS 143-64.04 (powers of the Secretary to delegate authority), and GS 143-64.05 (service charges). Specifies that the Agency may not assess or charge any fee or service charge to an agency using a third-party auction service.
| Intro. by McInnis, Sawyer, Settle. | GS 143 |
Section 1
Amends the provisions pertaining to local permit programs for sewer extension and reclaimed water utilization under GS 143-215.1 as follows. Permits new dwelling units, including units that have yet to be connected and for which they have allocated capacity, to calculate wastewater flows at 75 gallons per day per bedroom. Establishes the following requirements for sewer line extensions for wastewater treatment systems owned or operated by municipalities, counties, sanitary districts, or public utilities: (1) prior to actual flow exceeding 80% of the system's permitted hydraulic capacity, based on the average flow during the last calendar year, the permittee must submit an engineering evaluation with specified requirements concerning their future wastewater treatment, utilization, and disposal needs and (2) prior to actual flow exceeding 90% of the system's permitted hydraulic capacity based on the average flow during the last calendar year, the permittee must obtain all permits needed for the expansion of the system, and submit plans and a schedule for construction, if needed. Sets forth justification requirements that must be met if expansion is not proposed or proposed at a later date. Allows permittees for a wastewater system located in a county with a projected growth rate above 2% annually and operating in compliance with all pollutant discharge standards and not exceeding its 12-month average flow limitation to allocate its system's permitted hydraulic capacity, based on the average flow during the last calendar year, as follows: (1) up to 110% allocation upon signing a contract for the expansion of the wastewater treatment, utilization, or disposal system within 36 months and (2) up to 115% if the expansion of the wastewater treatment, utilization, or disposal system to increase the system capacity is within 24 months of completion.
Section 2
Revises the definition of river basin in GS 143-215.22G. Now defines the term to mean NC portion of the drainages included within the US Geologic Survey, with 17 listed basins with designated subbasins. Specifies that "river basin" includes any portion of the river basin that extends into another state; any area outside of the state that is not included in one of the listed river basins comprises a separate river basin. Eliminates the previously identified river basins as designated on the specified 1991 map. Adds new defined term subbasin. Amends defined term transfer to include subbasins. Makes organizational and technical changes.
Expands upon the required information a person must provide upon registering a water withdrawal or transfer to the North Carolina Environmental Management Commission (Commission) to include a specification that for transfers of 2 million gallons of water or more per day, the registrant must submit a water balance for the water system with a 50-year planning horizon beginning with the current year, the name of the water system owning the pipe transferring water across the basin boundary, the daily raw water withdrawals or purchase amounts in million-gallons of water per day (MGD), the average daily or maximum daily wastewater discharge for each basin in MGD, the total water returned to the source basin, and the estimated water being transferred. Requires that the data used to determine the water balance align with the local water supply plan. Requires these same persons to submit an annual report on water withdrawals.
Amends GS 143-215.22L (pertaining to regulation of surface water transfers) to change the certification requirements for interbasin transfers to require a certification for the following:
(1) Initiate a transfer from 5 million gallons of water or more per day (currently, 2 million), calculated as a daily average of a calendar maximum month and not to exceed 7.5 million gallons per day in any one day (currently 3 million), from one river basin or one subbasin to another (currently just river basin).
(2) Increase the amount of an existing transfer of water from one river basin or one subbasin (currently just river basin) to another by 25% or more above the average daily amount transferred during the year ending July 1, 1993, if the total transfer including the increase is 7.5 million gallons or more per day (currently, 2 million).
(3) Increase an existing transfer of water from one river basin to another by 2 million gallons of water per day, calculated as a daily average of a calendar maximum month and not to exceed 3 million gallons per day in any one day, above the amount approved by the Commission in a certificate issued before July 1, 1993. (Currently applies to all transfers of water without taking the amount transferred into account.)
(4) Increase an existing transfer of water from one subbasin to another subbasin within the same river basin by 5 million gallons of water or more per day, calculated as a daily average of a calendar maximum month, with an increase of no more than 7.5 million gallons per day in any one day during any consecutive 10-year period.
Adds to certificate exceptions by exempting tests of interconnections between parties to an interlocal mutual support agreement when all parties to the agreement request the transfer and the test complies with Secretary of Environmental Quality (Secretary) requirements. Deletes requirement for notice of intent to file a petition. Instead just requires an applicant to submit a notice of intent to initiate an environmental study. Amends contents for notice of interbasin transfer as well as requirements for the record the Commission prepares of responses to the proposed interbasin transfer. Makes technical changes. Allows the Commission to grant a certificate for a proposed transfer of water in whole or in part, or to deny the certificate. (Currently, can’t grant the certificate in part.) Requires holding at least one public hearing on the draft determination (was, at least two hearings held in specified areas). Adds two additional required determinations to the factors the Commission must consider in determining whether a certificate should be issued for a water transfer in its findings of fact: whether the application is materially and substantially in compliance with GS 143-215.22L and whether the applicant complied with the statute’s notice requirements. Amends the required finding needed to ultimately issue a certificate for transfer from a finding that the detriments have been mitigated to the maximum degree possible to a finding that the detriments will be mitigated in line with the principles underlying the statement of policy in GS 143-215.22L. Removes the requirement that an applicant proceeding under the alternate requirements for coastal counties file a notice of intent that includes a nontechnical description of the request and identification of the proposed water source. Establishes a subbasin transfer annual reporting requirement on subbasin to subbasin impact to the Department by August 1 for transfers of more than 5 million gallons of water or more per day, calculated as a daily average of a calendar month or more than 7.5 million gallons per day in any one day, without obtaining a certificate.
Makes conforming changes to account for newly expanded scope of transfer to include subbasins and for removal of required notice of intent to file a petition. Makes technical changes.
Applies to any petition for a certificate for a transfer of surface water from one river basin or subbasin to another river basin or subbasin first made on or after the date the act becomes law.
| Intro. by P. Newton, Sawrey, Lazzara. | GS 143 |
Enacts new Article 6H, Baby Bond Program Trust Fund, in GS Chapter 147, providing as follows.
Sets out the NCGA's policy and definitions that apply to the new Article. Defines eligible individual as an infant born on or after January 1, 2024, who: (1) is born to a parent who is a State resident or establishes residence in this State within six months of the infant's birth and (2) resides in a household with an annual household income that does not exceed 200% of the federal poverty level. Creates the Baby Bond Program Trust Fund (Fund) in the Department of State Treasurer, administered by the Baby Bond Program Trust Fund Board of Trustees (Board). Requires the Fund to be administered to (1) establish and fund individual accounts in the amount of $2,000 and (2) to enable contributors to save funds and increase the likelihood of the account holder's future financial success. Sets out requirements for setting up individual accounts for eligible individuals and for notifying parents of the account. Authorizes the Board to accept, hold, invest, and disburse contributions, and interest earned on such contributions, from contributors as trustees of the Fund. Requires the Board to hold all contributions to the Fund, and any earnings, in the Fund and invest the contributions. Prohibits distributing funds from an individual account before the account holder is 18 (or earlier if needed to pay for qualified tuition expenses only); sets out additional requirements for distributing funds from individual accounts, including that the holder be an NC resident. Sets out when an account is considered abandoned. Requires annual reports to account holders. Requires notifying the public about the Fund.
Establishes the six-member Board for oversight of the general administration and proper operation of the Fund and to determine investment strategy for the Fund. Sets terms at three years and provides for the filling of vacancies. Sets out the Board's seven duties. Requires the Board to determine and document in an investment policy statement an appropriate investment strategy for the Fund containing one or more forms of investment or strategies for investment from which account owners may select. Requires authorizing the State Treasurer to be responsible for engaging and discharging investment managers and service providers, including contracting and contract monitoring, to implement the investment strategy established by the Board. Requires amounts in individual accounts to be invested according to the account owner's election of one or more of the Board-approved strategies. Sets out additional provisions governing forms of investment. Provides Board members immunity from civil liability for acts or failure act arising out of service on the Board, except in specified circumstances, including when the person derived an improper personal financial benefit. Requires the Board to report annually to the specified NCGA committee.
Allows the Board to delegate authority to the State Treasurer to develop and perform all functions necessary and desirable to: (1) administer the Fund to meet and comply with the requirements of this act, (2) implement the investment strategy established by the Board, and (3) provide such other services as the State Treasurer deems necessary to facilitate participation in the Fund. Authorizes the State Treasurer to obtain the services of investment managers, investment advisors, service providers, or program managers as is necessary for the proper administration, marketing, and investment of the Fund. Allows the Treasurer to establish fees in amounts necessary to offset costs of the program and lists costs that may be paid from the Fund. Prohibits considering account distributions as income for any State benefits eligibility program that limits eligibility based on income.
Requires the Department of Health and Human Services (DHHS) to give information and assistance to the State Treasurer and enter into a data-sharing agreement with the State Treasurer to implement this act.
Authorizes the State Treasurer and DHHS to adopt rules necessary to implement this act.
Requires the State Treasurer to begin transferring one-time deposits and accepting contributions by February 15, 2024.
Requires the Board to be organized immediately after a majority of the members have been qualified or appointed and have taken the oath of office. Sets the initial Board member terms to expire on June 30, 2026.
Appropriates $10 million from the General Fund to the Department of State Treasurer for each year of the 2023-25 fiscal biennium for purposes consistent with this act.
Parts I.
Enacts new GS 160D-917 to require local government zoning regulation to allow, by right or special use, a school that is primarily used for student instruction and is under the control of a public school unit to be sited in areas zoned for commercial use.
Part II.
Amends GS 160D-108 by adding that a vested right obtained by permit or other local government approval must not preclude the use or extinguish the existence of any other vested right or use by right attached to the property.
Amends GS 160D-705 by adding that if a special use permit expires and does not vest, the current zoning classification or regulation for the property applies.
Part III.
Amends GS 160D-201 by limiting a city's exercise of powers granted by GS Chapter 160D to within the city's corporate limits, no longer including extraterritorial areas. Amends the following by removing provisions related to extraterritorial jurisdiction and areas: GS 160D-202 (municipal extraterritorial jurisdiction), GS 160D-602 (notice of hearing on proposed zoning map amendments), GS 160D-903 (agricultural uses), GS 160D-912 (outdoor advertising), GS 160D-925 (stormwater control), GS 160D-1125 (enforcement), and GS 113A-208 (regulation of mountain ridge construction by counties and cities).
Repeals GS 160D-307, Extraterritorial representation on boards. Repeals any provision in a local act granting a city the power to exercise extraterritorial planning jurisdiction under Article 19 (Planning and Regulation of Development) of GS Chapter 160A, or its successor, GS Chapter 160D.
Specifies that the relinquishment of jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, become effective January 1, 2025. Provides, however, that a city is not prohibited from relinquishing jurisdiction over an area prior to January 1, 2025, so long as the city complies with the provisions of Article 19 of GS Chapter 160A, or its successor, GS Chapter 160D.
Provides upon relinquishment of jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction the following apply. (1) The city regulations and powers of enforcement remain in effect until the earlier of (a) the county has adopted the regulation or (b) a period of 60 days has elapsed following the effective date of this Part, whichever is sooner. Allows a county, during this period, to hold hearings and take other measures needed to adopt its regulations for the area. (2) Allows any person who has acquired vested rights under a permit, certificate, or other evidence of compliance issued by the city to exercise those rights as if no change of jurisdiction had occurred. Allows the county acquiring jurisdiction to take any action regarding the permit, certificate, or other evidence of compliance that could have been taken by the city surrendering jurisdiction. Makes any building, structure, or other land use in a territory over which a county has acquired jurisdiction subject to the county's ordinances and regulations.
Amends the definitions that apply to GS Chapter 122C (Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985) by amending GS 122C-3 by adding and defining extraterritorial jurisdiction to mean the boundaries of the area over which the Town of Butner was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor, GS Chapter 160D, before to the Town's relinquishment of jurisdiction over the area on or before January 1, 2025. Makes conforming changes to GS 122C-403, GS 122C-405, and GS 122C-410.
Amends GS 130A-317 by defining extraterritorial jurisdiction for purposes of defining the service area of a municipality that has established its own approval program instead of State approval for water system plans, as the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, before the municipality's relinquishment of jurisdiction over the area on or before January 1, 2025.
Removes references to "extraterritorial jurisdiction" in GS 136-55.1 (notice of abandonment of roads), GS 136-63 (change or abandonment of roads), GS 136-66.3 (local government participation in improvements to the State transportation system), GS 143-138 (North Carolina State Building Code), GS 153A-317.14 (extension of economic development and training districts), GS 160A-176.1 and GS 160A-176.2 (ordinances effective in Atlantic Ocean), GS 160A-296 (establishment and control of streets), and GS 160A-299 (procedure for permanently closing streets and alleys).
Amends GS 143-215.1 (control of sources of water pollution; permits required) to define extraterritorial jurisdiction for the purpose of local permit programs for sewer extension and reclaimed water utilization, as the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, before the municipality's relinquishment of jurisdiction over the area on or before January 1, 2025.
Amends GS 160A-302 setting out exemptions for joint agencies providing communication service by defining extraterritorial jurisdiction for the purposes of the service area of the specified joint agency to be the boundaries of the area over which the City of Statesville was exercising extraterritorial planning jurisdiction under Article 19 of GS Chapter 160A, or its successor GS Chapter 160D, before the City's relinquishment of jurisdiction over the area on or before January 1, 2025.
Specifies that this has no effect on the extraterritorial jurisdiction of law enforcement officers.
Part III is effective January 1, 2025.
Enacts new GS 89C-19.2 giving a licensed professional land surveyor the right to enter upon the lands of others, if necessary to perform surveys for the practice of land surveying, including the location of property corners, boundary lines, rights-of-way, and easements, and may carry with them their customary equipment and vehicles. Requires making a reasonable effort to notify adjoining landowners upon whose land it is necessary to enter. Protects homeowners from liability for injuries or damage sustained by the surveyor. Applies to acts on or after October 1, 2023.
Amends GS 89C-13 by amending the list of education experiences necessary for licensure as a professional land surveyor, to also include as an alternative possession of a current limited license and at least 2.5 years of progressive practical experience under the limited license. Grants licensure to such an individual after passage of the specified exams. Adds requirements that must be met in order to receive a limited license, including possession of an associate degree in surveying technology, passage of a State-specific exam, or 1.5 years of progressive practical experience in land surveying. Limits those with a limited license to practicing in subdivisions consisting of 10 individual lots or less or conducting a perimeter survey of any tract of land. Applies to applications on or after October 1, 2023.
Requires the NC State Board of Examiners for Engineers and Surveyors to adopt temporary rules to implement this act.
| Intro. by Jarvis, McInnis. | GS 89C |
Amends GS 62-133.8 concerning the Renewable Energy and Energy Efficiency Portfolio Standard by changing the term to Clean Energy and Energy Efficiency Portfolio Standard (CEPS) and making the following changes. Changes the term "renewable energy resource" to "clean energy resource" and amends the definition of the term so that it also includes nuclear energy resources, including an uprate to a nuclear energy facility, and fusion energy. Amends all terms as they are used in the statute to refer to "clean energy" instead of "renewable energy," including "clean energy facilities" and "clean energy certificate." Adds and defines the term fusion, meaning a reaction in which at least one heavier, more stable nucleus is produced from two lighter, less stable nuclei, typically through high temperatures and pressures, emitting energy as a result. Adds and defines the term "fusion energy" as meaning the product of fusion reactions inside a "fusion device," used for the purpose of generating electricity or other commercially usable forms of energy. Makes conforming changes throughout the statute by referring to "clean energy" instead of "renewable energy."
Amends the following statutes to also refer to "clean energy" instead of "renewable energy": GS 62-2 (declaration of policy on clean energy and energy efficiency); GS 62-110.8 (competitive procurement of clean energy); GS 62-126.4 (net metering rates); GS 62-126.8 (community solar energy facilities); GS 62-1332 (fuel and fuel-related charge adjustments for electric utilities); GS 62-113.16 (performance-based regulation authorized); GS 62-133.20 (cleanfields clean energy demonstration parks); GS 62-153 (contracts of public utilities with certain companies and for services); GS 62-156 (power sales by small power producers to public utilities); GS 62-159.2 (direct clean energy procurement for major military installations, public universities, and large customers); GS 62-300 (particular fees and charges fixed; payment); GS 143-213 (amending definitions used in specified articles of GS Chapter 143); GS 143B-282 (Environmental Management Commission); GS 160A-272 (concerning leases for the siting and operation of a clean energy facility); and GS 160D-1320 (program to finance energy improvements).
Amends GS 62-110.1, concerning certificates for the construction of an electricity-generating facility, as follows. No longer requires an applicant for a certificate for the construction of a nuclear facility to demonstrate (and the Utilities Commission to find) that energy efficiency measures; demand-side management; clean (was, renewable) energy resource generation; combined heat and power generation; or any combination thereof would not establish or maintain a more cost-effective and reliable generation system and that the construction and operation of the facility is in the public interest. Expands upon the issues the Commission must consider when making such a determination to also include power quality, resource availability, dispatchability, capacity, and costs of maintenance and decommissioning. Makes conforming changes.
Adds new Article 84, North Carolina Public Finance Protection Act, in GS Chapter 143, providing as follows.
Defines pension benefit plan or plan as any plan; fund; or program established, maintained, or offered by the State or any subdivision, county, municipality, agency, or instrumentality thereof; or any school, college, university, administration, authority, or other enterprise operated by the State, to the extent that by its terms or as a result of surrounding circumstances does either of the following: (1) provides retirement income or other retirement benefits to employees or former employees or (2) results in a deferral of income by employees for a period extending to the termination of covered employment or beyond.
Requires a fiduciary to discharge duties with respect to a plan solely in the pecuniary interest of the participants and beneficiaries: (1) for the exclusive purpose of providing pecuniary benefits to participants and their beneficiaries and defraying reasonable expenses of administering the plan; (2) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with the relevant matters would use in the conduct of an enterprise of a like character and with like aims; (3) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (4) in accordance with the documents and instruments governing the plan insofar as the documents and instruments are consistent with this Article.
Prohibits plan fiduciaries from promoting non-pecuniary benefits or any other non-pecuniary goals. Specifies that environmental, social, corporate governance, or other similarly oriented considerations are pecuniary factors only if they present economic risks or opportunities that qualified investment professionals would treat as material economic considerations under generally accepted investment theories; sets out provisions governing consideration of those factors.
Requires all shares held directly or indirectly by or on behalf of a pension benefit plan or the beneficiaries thereof to be voted solely in the pecuniary interest of plan participants. Prohibits voting to further non-pecuniary, environmental, social, political, ideological, or other benefits or goals. Prohibits a fiduciary, unless no economically practicable alternative is available, from adopting a practice of following the recommendations of a proxy advisory firm or other service provider unless the firm or service provider has a practice of, and commits in writing to, following proxy voting guidelines consistent with the fiduciary's obligation to act based only on pecuniary factors. Prohibits plan assets, unless no economically practicable alternative is available, from being entrusted to a fiduciary, unless that fiduciary has a practice of, and commits in writing to following guidelines, when engaging with portfolio companies and voting shares or proxies, that match the plan's obligation to act based only on pecuniary factors. Places the authority to vote shares in a State official who is politically accountable to the people of the State. Sets out provisions governing proxy votes.
Allows the Attorney General to enforce this Article and sets out actions the Attorney General may take.
Includes a severability clause.
Effective October 1, 2023.
| Intro. by Johnson, B. Newton, Moffitt. | GS 143 |
Enacts GS 116-11.4 governing the accreditation process for UNC constituent universities, and GS 115D-6.1 governing the accreditation process for community colleges, providing as follows. Requires the UNC Board of Governors (BOG) and State Board of Community Colleges (State Board) to consult with each other to identify and determine all accrediting agencies or associations that are best suited to serve as an accreditor for their institutions. Requires the BOG/State Board to make its determination from among the database of recognized accrediting agencies created and maintained by the US Department of Education. Requires publication of the list of preferred accrediting agencies to the constituent institutions/community colleges and maintaining the list. Prohibits a constituent institution or community college (as applicable) from receiving accreditation by the same agency for consecutive accreditation cycles except as follows. Requires initially pursuing accreditation with a preferred accrediting agency when pursuing accreditation with a different agency. If each preferred agency refuses to grant candidacy status to the constituent institution/community college, the entity must seek accreditation from any recognized accrediting agency that is different from its current one. If the entity is not granted candidacy status by any recognizing accrediting agency at least three years before the expiration of its current accreditation, the entity may remain with its current agency for an additional accreditation cycle. Sets out programs that are exempt from these requirements.
Allows a constituent institution or community college to bring a civil action against any person who makes a false statement to the accrediting agency if all of the following criteria are met: (1) the statement, if true, would mean the constituent institution/community college is out of compliance with its accreditation standards; (2) the person made the statement with knowledge that the statement was false or with reckless disregard as to whether it was false; (3) the accreditation agency conducted a review of the constituent institution/community college as a proximate result of the statement; and (4) the review caused the constituent institution/community college to incur costs. Sets out amounts that can be recovered by a prevailing constituent institution/community college, including costs related to the review conducted by the accrediting agency.
Requires the development and publishing of the list of preferred accrediting agencies by September 1, 2023.
Amends GS 116-11 and GS 115D-5 to require the adoption of policies requiring constituent institutions/community colleges to be accredited according to GS 116-11.4/GS 115D-6.1, as applicable.
Amends GS 116-201, GS 116-280, and GS 115D-5 by making conforming changes.
Amends GS 143-214.7 as follows. Requires the Department of Environmental Quality (DEQ) to approve or deny a stormwater permit, stream origination certification, or water quality certification within 90 processing days. Deems applications approved when DEQ has not issued or denied the permit within 120 processing days. Sets forth formula for calculating processing day. Specifies options for where an applicant can submit a permit application for processing. Makes conforming changes.
Amends GS 143B-279.13, concerning DEQ’s express permit review program, as follows. Requires DEQ to issue or deny permits or certifications within the following processing days: 45 days for stormwater permits, stream origination certifications, and water quality certifications; 15 days for erosion and sedimentation control permits; and 60 days for Coastal Area Management Act permits. Deems a permit or certification as approved if DEQ fails to issue or deny the permit or certification within the following processing days: 90 days for stormwater permits, 60 days for stream origination certifications and water quality certifications, 30 days for erosion and sedimentation control permits, and 75 days for Coastal Area Management Act permits. Sets out criteria to be used when calculating processing days for purposes of these deadlines. Requires DEQ to return $1,000 of an application fee to an applicant for a permit or certification issued or denied beyond the number of processing days.
Amends GS 143-215.3D by amending the fee charged for a state stormwater permit, so that instead of a fee of $505, the fee varies as follows: $505 for a permit regulating stormwater runoff for a development of 5 acres or less, $555 for a permit regulating stormwater runoff for development greater than 10 acres and not exceeding 25 acres, and $625 for a permit regulating stormwater runoff for a development greater than 25 acres. Requires DEQ to return any amount in excess of $505 of the application fee to an applicant for a stormwater permit if the permit is not issued or denied within 90 processing days.
Appropriates $500,000 in nonrecurring funds for the 2023-24 fiscal year from the General Fund to the North Carolina Collaboratory for the creation and implementation of a system for automated completeness review of applications for stormwater permits, erosion and sediment control permits, and Coastal Management Permits. Appropriates $100,000 in nonrecurring funds for the 2023-24 fiscal year from the General Fund to NC State University to conduct a study on the use of artificial intelligence to generate stormwater permits.
Applies to applications for permits and certifications pending on, or submitted on or after, the date the act becomes law.
Part I.
Amends GS 14-159.6 by enacting subsection a to make it a Class 3 misdemeanor to willfully go on another person's land, waters, ponds, or a legally established waterfowl blind to hunt, fish, or trap without verbal or written permission from the landowner, lessee, or agent of the property. Requires written permission to have been dated within the last 12 months. Requires providing information establishing the necessary permission to a law enforcement officer upon request. Makes organizational changes to the statute's existing provisions. Makes conforming changes to the title of Article 22A to refer to "trespassing," not just "trespassing on posted property."
Amends GS 113-276.3 to make a conviction of violations (was, third or subsequent violations) of GS 14-159.6(a1), which makes it a Class 2 misdemeanor to go on another's land, waters, ponds, or legally established waterfowl blind that has been posted to hunt, fish, or trap without permission, subject to a license suspension for two years.
Amends GS 113-294 to increase the minimum fine for violations of GS 14-159.6(a1) from $500 to $1,000. Makes it a Class 2 misdemeanor to violate new GS 14-159.6(a) a second or subsequent time within a three-year period. No longer makes it a Class 2 misdemeanor, punishable by a fine of at least $500, to take, possess, or transport a deer, without permission, from land that has been posted.
Applies to offenses committed on or after October 1, 2023.
Section 2
Amends GS 143-214.7 to allow state or local stormwater programs to allow development within the area that would otherwise be required to be placed within a vegetative buffer if the stormwater runoff from the built-upon area of the vegetative buffer (was, from the entire impervious area of the development) is collected, treated, and discharged so that it passes through a segment of the vegetated buffer managed so it otherwise complies with applicable state and federal stormwater management requirements.
Section 3
Amends GS 143-214.7, concerning stormwater regulations for redevelopment, to allow a property owner to exceed the otherwise applicable density limits under the applicable water supply watershed rules by treating the increase in stormwater that results from the net increase in the built upon areas (was, the property owner may voluntarily decide to treat all stormwater from preexisting development or redevelopment activities for the purpose of exceeding allowable density under the applicable water supply watershed rules.
Section 4
Requires the Environmental Management Commission (EMC) to implement the Wetland Definition as follows. Restricts wetlands classified as waters of the State to waters of the United States as defined by 33 C.F.R. § 328.3 and 40 C.F.R. § 230.3. Provides that wetlands do not include prior converted cropland as defined in the National Food Security Act Manual, Fifth Edition, issued by the US Department of Agriculture. Requires the EMC to adopt a rule to amend the Wetlands Definition Rule consistent with this provision. Expires when permanent rules become effective.
Section 5
Requires the EMC to implement the Stormwater Transportation Exemption Rule (meaning 15A NCAC 02H .1001, Post-Construction Stormwater Management: Purpose and Scope) as follows. Prohibits applying stormwater programs to linear transportation projects undertaken by an entity other than the NC Department of Transportation (NCDOT) that (1) are constructed to NCDOT standards and are in accordance with the NCDOT Stormwater Best Management Practices Toolbox, as specified, and (2) will be conveyed upon completion either to NCDOT or another public entity and will be regulated in accordance with that entity's NPDES MS4 stormwater permit. Specifies that whether or not the project is a part of a common plan of development has no bearing on this exemption. Requires the EMC to adopt a rule to amend the Stormwater Transportation Exemption Rule so it is consistent with this provision. Applies to all linear transportation projects undertaken by an entity other than NCDOT on or after August 1, 2023. Expires when the permanent rules become effective.
Section 6
Requires the EMC to implement the Dwelling Wastewater Design Flow Rate Rule (meaning 15A NCAC 02T .0114, Wastewater Design Flow Rates) as it applies to dwelling units, as follows. Requires the flow rate used in determining the volume of sewage from dwelling units to be 70 gallons per day per bedroom. Sets the minimum volume of sewage from each dwelling unit at 70 gallons per day and each additional bedroom above two bedrooms increases the volume by 70 gallons per day. Requires the EMC to adopt a rule to amend the Dwelling Wastewater Design Flow Rate Rule so it is consistent with this provision. Applies to all dwelling units sewer system permits issued on or after August 1, 2023. Expires when the permanent rule becomes effective.
Section 7
Requires the the Marine Fisheries Commission (Commission) to adopt rules that provide for all of the following: (1) a prohibition on permitting of any fishing tournament targeting the species, targeted catch of the species, and the advertisement or sale of services of fishing guides targeting the species, with respect to any species of coastal or marine finfish which is overfished or experiencing overfishing, except in times and areas where harvest is allowed under rules of the Commission or proclamations of the Director of the Marine Fisheries Commission; (2) a prohibition on selling marine and coastal finfishes by recreational fishing tournaments if such sale would be deducted from commercial harvest quotas set or enforced by the Commission; (3) a prohibition on the use as bait for catching finfish of any species of coastal or marine finfish that is overfished or experiencing overfishing; and (4) the mandatory reporting of all coastal and marine finfish (a) harvested by holders of Coastal Recreational Fishing Licenses and Recreational Commercial Gear Licenses and (b) harvested but not sold by holders of Standard Commercial Fishing Licenses and Retired Standard Commercial Fishing Licenses. Requires the rules to be modeled on the rules for large game harvest reporting under rules of the Wildlife Resources Commission. Allows the adoption of temporary rules and requires adoption of permanent rules.
Establishes the SparkNC Pilot Program (Program) authorizing SparkNC, in partnership with selected public school units, to develop a nontraditional, student-driven pathway through which students may select and complete modular learning experiences that will provide a competency-based equivalency to a traditional elective course credit. Requires providing a menu of modular learning experiences that include opportunities for work-based learning. Requires the credit to be reflected on transcripts as High-Tech Learning Accelerator and focused on science, technology, engineering, and mathematics (STEM). Requires a memorandum of understanding between partner schools and SparkNC for program requirements that include providing a physical learning lab staffed by a learning lab facilitator that will provide a site for collaborative learning and virtual networking. Gives elective credit to any student completing a combination of modules determined to provide the competency-based elective credit in that course upon verification of successful completion of the learning experiences and integrity of student work products.
Sets out additional requirements for the Program related to qualifications of the learning lab facilitator, contracting with personnel, scheduling, and salary. Deems completion of the credit as satisfying a required course in computer science.
Lists 18 public school units that may participate in the Program in 2023-24 and 2024-25 school years. For the 2024-25 school year, allows SparkNC to select up to 10 additional public school units to participate in the Program.
Requires a interim report on the specified items in 2025 and a final report in 2026, to the specified NCGA committee.
Applies for the 2023-24 and 2024-25 school years.
| Intro. by Lee, Craven, P. Newton. | UNCODIFIED |
Part I.
Amends GS 115D-1 by adding that the President of the North Carolina Community Colleges System (System) is the chief administrative officer and has executive authority over the Community Colleges System Office (System Office). Amends GS 115D-2 by adding and defining the term President as it is used in GS Chapter 115D as the President of the North Carolina Community Colleges System.
Amends GS 115D-3 to place the System Office under the direction of the President instead of the State Board of Community Colleges (State Board). Makes the President subject to confirmation by the NCGA. Sets out a process under which the State Board is to elect a President. No longer specifies that the State Board has all other powers, duties, and responsibilities delegated to the State Board of Education affecting the System Office not otherwise stated in GS Chapter 115D. Requires the President to receive appropriations made by the NCGA for the operation of the System, as specified, and allows expending the funds in the manner deemed to maintain and advance the System Office's programs and services. Allows the President, with the State Board's approval, to appoint advisory committees. Encourages the President to meet annually with the Superintendent of Public Instruction and UNC President to discuss educational matters of mutual interest and recommend policies to encourage the improvement of public education at every level in the State. Requires the President to approve any report that must be submitted by the System Office; reports approved by the President are not subject to approval by the State Board.
Enacts new GS 115D-3.1 setting out the procedure for the NCGA to confirm the President.
Amends GS 115D-4.1 by changing the recipient of the report on the academic performance of transfer students to require the report to be made to the System Office instead of the State Board; requires the President instead of the State Board to review the reports and determine if transfer students are performing adequately. Makes conforming changes. Requires the State Board to ensure that the community college takes steps recommended by the President to remedy problems with transfer student performance.
Amends GS 115D-5 to give the President the power (was, State Board) to execute policies adopted by the State Board. Limits the power of the State Board to approve the selection of an individual institution's chief administrative officer to require the individual to be recommended by the President, the process for which is set out in new GS 115D-6.1. Prohibits offering a course by any community college at State expense without approval of the State Board upon recommendation by the President; makes conforming changes. Requires the President to conduct periodic reviews of each community college. Moves existing provisions into new GS 115D-5.3 and adds that community colleges may offer the Motorcycle Safety Instruction Program.
Amends GS 115D-6 to require the President to find the already listed conditions before the State Board may withdraw or withhold State funds.
Enacts new GS 115D-6.1 to require the State Board to develop contract terms that boards of trustees of community colleges must use when electing a president or chief administrative officer and sets out required contract terms. Sets out the process for the President to approve a person selected by a local board as president or chief administrative officer. Applies to contracts entered into or renewed on or after the date this act becomes law.
Amends GS 115D-6.5 to require the President, instead of the State Board, to make findings concerning noncompliance by a board of trustees, and requires reporting those findings to the State Board when a board of trustees has failed to or refused to comply (was, willfully or as a result of gross negligence, failed or reused to comply) with laws, rules, and sound fiscal and management practices. Adds the President to the advisory board providing support and recommendations to a college that needs assistance with taking remedial action and makes the President chair of the committee. Makes conforming changes to the President's role in handing noncompliance.
Amends GS 115D-9 to give the President, instead of the State Board, power to take specified actions with respect to designing, construction, repair, or renovation of property of the System requiring the expenditure of $4 million or less. Makes conforming changes.
Enacts new GS 115D-10 specifying that actions taken by the State Board and President affecting a local board of trustees or president under the following are not subject to judicial review: GS 115D-6, GS 115D-6.1, GS 115D-6.5, GS 115D-19, and GS 115D-19.1.
Makes conforming changes to GS 115D-11.6 (Apprenticeship Council).
Amends GS 115D-15 to require prior approval from the President, instead of the System Office, before a board of trustees may convey a right-of-way or easement for highway construction or for utility installations or modifications. Makes conforming changes.
Amends GS 115D-19 by amending the process for the removal of a member of a board of trustees of an institution. Allows removal if: (1) the member is not capable of discharging, or is not discharging, the duties of his or her office as required by law or regulation or (2) the member is guilty of immoral or disreputable conduct. Requires the President to investigate any allegation that a member is engaging in conduct for which a member may be removed and requires reporting to the State Board findings when there is sufficient evidence that the member has engaged in such conduct. Moves forward with actions against the member if the State Board concurs in the findings. Makes conforming changes.
Enacts new GS 115D-19.1 allowing a college president to be dismissed for any of the causes outlined in the mandatory contract terms adopted by the State Board. Requires the President to investigate and notify the board of trustees if there is sufficient evidence that the president has engaged in prohibited conduct, at which time the contract is terminated. Specifies that this does not limit the authority of a board of trustees to hold a hearing and dismiss a president upon evidence known or presented to it.
Amends GS 115D-20 by amending the powers of the trustees of each institution concerning the election of a president or chief administrative officer by making conforming changes.
Amends GS 115D-33 by making the President, instead of the State Board, responsible for proving funds for the establishment and operation of an institution have been approved by voters before recommending approval of the institution.
Repeals GS 115D-62 which divided the State into six trustee association regions.
Makes additional technical, clarifying, and organizational changes.
Part II.
Reduces the membership of the State Board under GS 115D-2.2 by one by removing the person serving as president of the North Carolina Comprehensive Community College Student Government Association. Removes the Governor's appointees and makes a conforming increase in the number of members appointed by the NCGA from eight to 18. Requires the Board to elect a vice-chair. Decreases the number of times the State Board must meet annually from 10 to eight. Effective July 1, 2027, further amends the membership of the State Board by removing as members the Lieutenant Governor, Treasurer, and Commissioner of Labor, leaving only the NCGA's appointees; makes conforming changes.
Sets out staggered terms for members appointed by the NCGA in 2023, 2024, and 2027.
Part III.
Amends GS 115D-12 by reducing the number of members of colleges' boards of trustees by one and requires eight members to be appointed by the NCGA and four elected by the county board of commissioners (was, four elected by the board of education of the public schools where the institution is located, four elected by the county board of commissioners, four appointed by the governor, and the president of the student government or the chair of the executive board of the student body). Makes conforming changes.
Current members serving on a board of trustees of a community college as of the effective date of this act serve the remainder of their terms. Thereafter, members are appointed or elected in accordance with GS 115D-12, as amended. Provides that when a vacancy occurs in a seat that was elected by a local board of education or appointed by the Governor, the vacancy shall be filled as provided in GS 120-122 and as follows specified depending on whether the NCGA is in session.
Repeals the following:
(1) SL 1997-12, expansion of the College of Albemarle Board of Trustees.
(2) Section 2 of SL 1999-60, establishing the board of trustees of a new multicampus community college to serve the multiple-county administrative area of Anson and Union Counties.
(3) Section 2 of SL 2011-175, amending the Stanly Community College Board of trustees.
(4) SL 2015-12, amending the Tri-County Community College Board of Trustees.
(5) Section 1 of SL 2015-167, amending the Beaufort County Community College Board of Trustees.
(6) SL 2015-243, amending the Isothermal Community College Board of Trustees.
(7) SL 2015-252, amending the Central Carolina Community College Board of Trustees.
(8) SL 2018-15, amending the Cleveland Community College Board of Trustees.
(9) SL 2020-20, amending the Asheville-Buncombe Technical Community College Board of Trustees.
(10) Section 1 of SL 2021-52, amending the Isothermal Community College Board of Trustees.
(11) Section 5 of SL 2021-102, amending the Cleveland Community College Board of Trustees.
(12) SL 2022-10, amending the Rockingham Community College Board of Trustees.
Part IV.
Amends GS 116-11 to make conforming changes.
Expands the definition of person aggrieved under the Administrative Procedures Act (APA) to add being affected by the adoption of a temporary or permanent rule as additional grounds for aggrievement under the rule. (Currently, just affected by administrative decision is grounds for aggrievement.) Amends GS 150B-21.1 (APA procedure for adopting a temporary rule) and GS 150B-21.2 (APA procedure for adopting a permanent rule) to permit a person aggrieved by the rule to file a petition for a contested case within 30 days of the rule’s effective date or amendment. (Currently, the APA contested case provisions apply to agency decisions, not agency rulemaking.)
Places further limits on agency authority to adopt certain environmental rules in GS 150B-19.3 by also barring agencies authorized to enforce State and federal environmental laws from adopting a temporary or permanent rule for the protection of the environment's natural resources if a specific State statute or federal law or regulation does not exist pertaining to and regulating the same subject matter unless adoption of the rule is required by State statue, federal law, or federal regulation.
Amends the APA’s procedure for amending a temporary rule as follows. Adds 30-day deadline for agency to supplement its statement of need upon a finding by the Rules Review Commission (Commission) that the statement is inadequate. Requires the agency to comply with Part I of Article 2 of the APA (general provisions pertaining to rules) in addition to GS 150B-21.9 (Commission review). Makes technical and organizational changes. Sets a 30-day deadline on an agency filing for a declaratory ruling when a rule is returned to the agency. Provides a process for the holder of a temporary permit to submit revised plans when the Commission returns a proposed permanent rule intended to replace a temporary rule. Bars the agency from proposing a temporary rule of substantially the same subject matter for a period of 24 months if the Commission objects to the rule unless adoption of the rule is required by law or there are changed conditions supporting the adoption of the rule which the agency must point to in a statement to the Commission. Prohibits agency from rulemaking on substantially the same subject matter for 24 months once its proposal for a permanent rule has been published in the NC register unless further rulemaking is required by law. Current law requires a temporary rule to expire on the earliest of a list of potential occurrences. The act adds to those occurrences to now include 12 months after the effective date of the temporary rule. Makes conforming and organizational changes.
Amends the APA procedure for adopting a permanent rule as follows. Requires the agency to comply with Article 2 of the APA (pertaining to rules) in addition to GS 150B-19.1 (requirements for agencies in the rulemaking process). Requires agency to hold hearing on rulemaking at least 15 but not more than 60 days after publishing notice of hearing (currently, just at least 15 days after publication requirement). Requires the Commission to return a rule to the agency if 12 months have elapsed without approval; allows an agency to propose a permanent rule with substantially the same subject matter following its return, but the new proposed rule must comply with the requirements for adopting a permanent rule and the standards and timetable for review by Commission before adopting the rule.
Amends APA provisions on the effective date of rules (GS 150B-21.3) to give persons up to seven days after the Commission approves the rule to object in writing (currently, just have until the following day). Deletes provisions authorizing the agency to adopt the rule as a temporary rule if 10 written objections are filed and the rule is subject to legislative disapproval. Changes the person the agency must notify if it intends for other related rules adopted along with a rule under objection to become effective from the Commission to the Codifier of Rules (Codifier). Makes conforming change.
Amends APA provisions on the fiscal and regulatory impact analysis of rules (GS 150B-21.4) to require an agency to issue a fiscal note on any rule that would impact a unit of local government (currently, just required to do so when it would affect the expenditures or revenue). Also requires a fiscal note if the agency proposed a temporary or permanent rule that regulates the same subject matter as an existing permanent or temporary rule and when the agency has general authority but the proposed rule seeks to establish more specific regulations than those already established and results in substantial economic impact. Makes technical change.
Requires Commission to object if it finds the temporary or proposed rule does not conform to its standards set forth in GS 150B-21.9. Expands scope of when Commission is allowed to review the entire rule when just proposed amendments are before it to include temporary rules as well as permanent rules. Sets 30-day deadline for an agency to file for a declaratory judgment when a permanent rule is returned to it by the Commission. Makes conforming changes to GS 150B-21.9. Deletes language creating a presumption of adoption upon the rule’s entry in NCAC. Amends the procedure pertaining to the return of a rule, to provide that a rule the Commission has objected to remains under review by the Commission until the agency satisfies the Commission's objection or submits a written response indicating that the agency has decided not to change the rule. Requires the Commission to return the rule to agency if the agency does not submit a revised rule to satisfy the Commission's objection within the specified time limit or submits a response that the agency has decided not to change the rule. Expands the powers of an administrative law judge under GS 150B-33 by allowing the judge to construe, implement, invalidate, or enforce any decision, or any agreement or settlement agreement, between a person aggrieved and an agency.
Retroactively effective December 31, 2021, and applies to temporary rules and permanent rules proposed or adopted on or after that date.
Sets forth provisions requiring the return of certain proposed temporary and permanent rules to the agency submitted to the Commission on or before the day immediately prior to the effective date of the act.
| Intro. by Moffitt. | GS 150B |
Amends Article 46 of GS Chapter 105, as follows.
Amends the amount of the tax a county may levy once it has levied the first 1¢ sales and use tax, the first 1/2¢ local sales and use tax, and the second 1/2¢ local sales and use tax, so that the applicable rate of the tax: (1) is in an increment of 1/4% and (2) is at a rate that, if levied, would not result in a total local sales and use tax rate in the county in excess of: (a) 2 1/2% if the county is authorized to levy a local sales and use tax under Part 6 of Article 43 of GS Chapter 105 or (b) 2 3/4% if the county is authorized to levy, or is located in a special district authorized to levy, a local sales and use tax under Part 2, Part 4, or Part 5 of Article 43 of GS Chapter 105. Specifies that the tax must be approved in a referendum and makes conforming changes to the ballot language.
Amends GS 105-538 by adding that a county must use the net proceeds of a tax levied under Article 46 only for one or more of the purposes for which the county may levy property tax under GS 153A-149.
Enacts new GS 105-506.3 to allow a local sale and use tax to be levied under Article 43, Local Government Sales and Use Taxes for Public Transportation, if the total sales and use tax rate in the county is not in excess of: (1) 2 1/2% if the county is authorized to levy a local sales and use tax under Part 6 of Article 43 of GS Chapter 105 or (2) 2 3/4% if the county is authorized to levy, or is located in a special district authorized to levy, a local sales and use tax under Part 2, Part 4, or Part 5 of Article 43 of GS Chapter 105.
Amends GS 105-164.3 containing definitions for Article 5, sales and use tax, by amending the definition of combined general rate to now mean the sum of: (1) the State's general rate of tax; (2) the sum of the rates of the local sales and use taxes authorized for every county in this State by Article 39 of GS Chapter 105 or SL 1967-1096, Article 40, and Article 42 of GS Chapter 105; and (3) one-half of the maximum rate of tax authorized by Article 46 of GS Chapter 105.
| Intro. by Moffitt, Hanig. | GS 105 |
Amends GS 115D-20 (pertaining to community college trustees) to expand academic transition pathways to include qualified high school sophomores, as title indicates (currently, just qualified high school juniors and seniors). Applies beginning with the 2023-24 school year.
| Intro. by McInnis. | GS 115D |
Appropriates $8.9 million for 2023-24 from the General Fund to the Department of Public Instruction to be allocated as a directed grant to Guilford County Schools to be used in specified amounts as title indicates. Effective July 1, 2023.
Enacts new GS 160A-289.3 to allow a city, by ordinance, to establish a citizens' review board (board) to review appeals of disciplinary actions involving allegations of misconduct by law enforcement officers employed by the city's law enforcement agency. Limits misconduct to excessive use of force, abuse of power, and discriminatory profiling. Sets board membership at 5-11 members and sets out membership qualifications, including prohibiting members from being city employees, requiring members to attend a citizens' academy where available, and requiring members to have completed a ride-along with law enforcement. Members serve for two years and may not serve two consecutive terms; provides for member removal, filling of vacancies, and election of a chair and vice-chair. Requires members to sign a confidentiality agreement; violations of the agreement are a Class 1 misdemeanor, with up to $1,000 fine, and cause for removal.
Sets the board's powers and duties as: (1) advising the chief officer of a law enforcement agency; (2) making findings and recommendations on disciplinary action of a law enforcement officer alleged to have committed misconduct; and (3) recommending changes in policy or training of law enforcement officers to the city council and the head of the law enforcement agency within the city that established the citizens' review board. Allows specified board members to subpoena witnesses and compel the production of evidence. Allows any person involved in a hearing or proceeding before the board to be represented by an attorney. Sets out seven additional rights given to a law enforcement officer that is the subject of a hearing or proceeding before the board, including 15 days' notice; receipt of all documents, communications, and other evidence provided to the board related to the hearing or proceeding; and offering evidence, including, but not limited to, witnesses, documents, and other items. Prohibits a board from reviewing appeals of decisions to the city manager or the city's governing board. Requires the head of the law enforcement agency employing the officer in question to provide the board with the officer's personnel file and other necessary material; requires the board to keep the information confidential. Requires each element of the board's findings or recommendations to be predicated upon substantial, clear, and convincing evidence. Places the burden of proof on the city that established the board. Makes the board's recommendations as to disciplinary actions binding and confidential. Allows for appeal to the superior court. Sets out reporting requirements. Excludes from the board's authority: law enforcement officers employed by a county police department or sheriff's department located in a county, law enforcement officers employed by a company police agency, law enforcement officers employed by a campus police agency, and law enforcement officers employed by a special police agency.
Amends GS 132-1.4A to expand upon when a custodial law enforcement agency is allowed to disclose or release a recording to also include: (1) local agencies that partner with the custodial law enforcement agency, including specified emergency personnel for any internal investigation, administration decision making, or training purpose; (2) school resource officers to disclose the recordings to a juvenile whose image or voice is captured in the recording, the juvenile's parents or the legal guardians and school administrators; (3) a citizens' review board for review of complaints, if members execute a confidentiality agreement prior to viewing the recording; (4) to identify or locate a potential criminal suspect, victim of a crime, or missing person, so long as only a single or limited number of randomly selected still images of the face are released; (5) to the city or county manager for management and administrative purposes, so long as there is a confidentiality agreement in place before the viewing; and (6) to the city or town council in closed session and upon recommendation of the city or town manager and majority vote of the city or town council, so long as there is a confidentiality agreement in place before the viewing. Makes it a Class 3 misdemeanor, to be fined up to $500, to knowingly and willfully disclose or release a recoding, except as provided in subsection (b4).
Makes clarifying changes to GS 143-318.11.
Effective December 1, 2023.
Amends GS 116-143.1 to charge persons meeting all of the following the in-State tuition rate at UNC constituent institutions and NC community colleges: (1) the person graduated and received a high school diploma from a school in North Carolina or received a high school equivalency diploma within North Carolina; (2) the person attended NC schools for at least two consecutive years immediately prior to completing high school; (3) if the person does not have lawful immigration status, the person submits an affidavit to the State Education Assistance Authority through the coordinated and centralized residency determination process within 60 days of enrollment asserting that, to the extent permitted under federal law, he or she has filed an application to legalize his or her status or he or she intends to file an application to legalize his or her status upon becoming eligible to do so; and (4) the person is enrolled in a constituent institution or community college. Makes confidential and not a public record any information obtained as part of the process of applying for in-State tuition under these provisions. Effective July 1, 2023, and applies beginning with the 2023-24 academic year.
| Intro. by Mohammed, Meyer, Murdock. | GS 116 |
Amends GS 135-106 and GS 135-108, as the title indicates. Effective July 1, 2023, and applies to long-term disability benefits applied for on or after that date, as determined by receipt of the application by the employer.
| Intro. by Lee, Britt. | GS 135 |
Reorganizes GS Chapter 90B into Articles and moves specified existing statutes into Article 1. Retitles the Chapter as Social Worker Certification and Licensure.
Adds new Article 2, Social Work Licensure Compact (Compact), providing as follows. Set out the purpose of the Compact and Compact objectives. Sets out and defines terms as they are used in the Article.
Sets out criteria that must be met by a state to become a member of the Compact and for a member state to maintain membership. Requires member states to designate the categories of social work licensure eligible for issuance of a multistate license for applicants in that member state. Provides that to the extent a member state does not meet the requirements for participation in the Compact in any particular category of social work licensure, that member state may choose to issue a multistate license to applicants that otherwise meet the requirements for issuance of a multistate license in those categories of licensure.
Requires applicants to meet the following to be eligible for a multistate license: (1) hold or be eligible for an active, unencumbered license in the home state; (2) pay any applicable fees, including any state fee, for the multistate license; (3) submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information; (4) notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or non-member state within 30 days from the date the action is taken; (5) meet any continuing competence requirements established by the home state; and (6) abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered. Requires applicants for a clinical-category multistate license to meet specified requirements for fulfilling a competency requirement, attain at least a master's degree in social work from a program meeting specified qualifications, and fulfill a practice requirement by completion of one of the listed types of practice. Requires applicants for a master's category multistate license to meet specified requirements for fulfilling a competency requirement, and attaining at least a master's degree in social work from a program meeting specified qualifications. Requires applicants for a bachelor's category multistate license to meet specified requirements for fulfilling a competency requirement, and attaining at least a bachelor's degree in social work from a program meeting specified qualifications. Sets out provisions governing renewal of a license. Makes services provided in a remote state subject to that member state's regulatory authority. Allows a remote state to remove a regulated social worker's multistate authorization to practice in the remote state or take other necessary actions to protect the health and safety of its citizens. Requires that if a multistate license is encumbered, the regulated social worker's multistate authorization to practice must be deactivated in all remote states until the license is no longer encumbered. Provides that if a multistate authorization to practice is encumbered in a remote state, then the multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.
Sets out the steps a home state must take to issue a multistate license. Requires that a multistate license issued by a home state to a resident in that State be recognized by all Compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in the member state.
Sets out limitations on the Compact and specifies the ways in which the Compact does not interfere with a member state's powers.
Limits licensees to holding a multistate license in only one member state at a time. Sets out provisions governing how to change home states. Requires active military members and their spouses to designate a home state and allows retaining that home state during active duty.
Sets out the process under which a remote state or home state can take an adverse action against a licensee and allows for joint investigations.
Establishes a Social Work Licensure Compact Commission (Commission) with 22 specified duties, including to meet and take such actions consistent with the provisions of this Compact and the bylaws; initiate legal proceedings or actions in the name of the Commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected; purchase and maintain insurance and bonds; and assess and collect fees. Sets out membership requirements, with each member state limited to one delegate; provides for removal of members and filling of vacancies. Requires the Commission to meet at least once a year and allows meeting electronically. Establishes an 11-member Executive Committee with the power to act on behalf of the Commission. Sets out the Committee's powers and duties, memberships, and meeting requirements. Requires Commission meetings to be open to the public, except for listed matters that may be discussed in a closed meeting. Sets out notice requirements for meeting, including special meetings for emergency business. Allows the Commission to levy an annual assessment on member states and impose fees on other licensees of member states to whom it grants a multistate license. Sets out additional regulations governing these fees. Provides for immunity from liability for members, officers, executive director, employees, and representatives of the Commission, and provides for Commission defense against such lawsuits.
Requires the Commission to provide for the development, maintenance, operation, and use of a coordinated database and reporting system that includes licensure, adverse action, and the presence of current significant investigative information on all licensed individuals in member states. Requires each applicant for a multistate license to be given a unique identifier. Requires member states to submit a uniform data set to the data system on all individuals to whom this Compact is applicable, including specified information. Sets out limitation on the use of information and records. Prohibits sharing data with the public unless the contributing state gives permission.
Requires the Commission to promulgate reasonable rules in order to achieve the purposes of the Compact effectively and efficiently. Sets out provisions governing the adoption of rules by the Commission.
Requires the executive and judicial branches of state government in each member state to enforce the Compact and take all actions necessary and appropriate to implement the Compact. Sets out provisions governing proper venue, service of process, enforcement of the Compact by the Commission, terminating membership of a defaulting state from the Compact, and dispute resolution.
Makes the Compact effective on the date on which the Compact statute is enacted into law in the seventh member state. Sets out provisions for a member state to withdraw from the Compact. Sets out provisions governing the construction of the compact and includes a severability clause. Provides that any laws, statutes, regulations, or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict.
Effective when at least seven states have enacted the Compact. Requires the NC Social Work Certification and Licensure Board to report to the Revisor of Statues when the Compact has been enacted by seven member states.
| Intro. by Krawiec, Burgin, Corbin. | GS 90B |
Requires the Department of Health and Human Services, Division of Child Development and Early Education (Division), by March 31, 2024, to develop and implement criteria that incorporates the child development associate (CDA) credential for birth through age 3 and the CDA credential for ages 3 to 5 to count toward satisfying the requirements for the star rating system for child care. Requires an individual seeking recognition for the CDA credential for birth through age 3 or ages 3 to 5 to meet the following. Requires earning a high school diploma, a general education development (GED) credential, or being enrolled as a junior or senior in a high school career and technical program in early childhood education, and completing 120 hours of formal early childhood education training, covering the growth and development of children ages 3 to 5 with no fewer than 10 training hours in the eight specified subject areas. Requires completing training, whether through a single agency or multiple organizations that have expertise in early childhood education and teacher preparation, and providing official documentation when the individual's training is completed. Requires within six months of submitting the application for the CDA that the individual prepare their portfolio consisting of the specified material and select a CDA professional development specialist to conduct the individual's CDA verification visit, which includes specified reviews and requires submitted score recommendations. Requires an applicant, within three years of submitting the application, to obtain 480 hours of professional work experience in a center-based setting with children ages 3 to 5. Effective October 1, 2023.
| Intro. by Krawiec. | UNCODIFIED |
Enacts new GS 90-30.3 setting forth dental sedation procedures as follows. Defines adverse event, analgesia, anti-anxiety sedative, anxiolysis, ASA guidelines, BLS-certified, general anesthesia, certified registered nurse anesthetist (CRNA), credentialed surgery center, licensed dentist, and sedation procedure.
Requires licensed dentists to hold an unexpired permit issued by the Board of Dentistry (Board) permitting the dentist to administer general anesthesia, moderate conscious sedation, or moderate pediatric conscious sedation, or supervise a CRNA to administer or an RN employed to deliver anesthesia or moderate sedation. Specifies that, before performing sedation procedures in a facility other than a hospital or credentialed surgery center, the licensed dentist must ensure that the Board has been notified that the licensed dentist intends to administer anesthesia or moderate sedation at the facility and must ensure that the facility has passed a facility inspection by the Board in accordance with the Article.
Sets forth standards for facility equipment in facilities where sedation procedures are performed, including required equipment with yearly maintenance and safety checks, required unexpired drugs that are both present and accessible, written emergency and patient discharge protocols accessible from the operatory and recovery rooms, and any additional facility requirements applicable to the permit level as required by the Article or by the Board.
Sets forth standards for staffing, education, and training requirements prior to performing a sedation procedure, including emergency response training twice per year, requiring all auxiliaries to be BLS-certified, ensuring that a registered nurse or a BLS-certified auxiliary is dedicated to patient monitoring and recording anesthesia or sedation data throughout the sedation procedure unless the licensed dentist or an additional sedation provider (i.e., a licensed dentist holding the permit described above, anesthesiologist, or anesthetist) is dedicated to patient care and monitoring regarding anesthesia or moderate sedation throughout the sedation procedure and is not performing the surgery or other dental procedure, and any additional staffing, education, and training requirements applicable to the level of the permit, consistent with the article or rules approved by the Board. Sets forth a required preoperative patient evaluation that is required before a sedation procedure, and requirements for post-operative monitoring and discharge. Requires a dentist to maintain certain information in the patient's treatment records for a period of ten years.
Enacts GS 90-30.4 (pertaining to moderate parenteral and enteral conscious sedation clinical requirements and equipment) as follows. Requires that an unexpired muscle relaxant must be immediately available and be accessible from the operatory and recovery rooms, in addition to the required drugs listed in GS 90-30.3. Sets forth further patient history inquiries and processes. Prohibits a moderate conscious sedation licensed dentist from administering any of the following anesthetic or sedative agents: (1) designed for administering general anesthesia or deep sedation, (2) determined by the manufacturer to be contraindicated for use in moderate conscious sedation, and (3) in an amount exceeding the manufacturer’s maximum recommended doses unless the documents in the sedation record state the clinical reason for exceeding that dosage.
Enacts new GS 90-30.5, pertaining to moderate pediatric conscious sedation as follows. Requires that an unexpired muscle relaxant must be immediately available and be accessible from the operatory and recovery rooms, in addition to the required drugs listed in GS 90-30.3. In addition to the requirements set out in GS 90-30.3, the licensed dentist's emergency manual must include assignments to be performed in the event of emergency by a BLS-certified auxiliary dedicated to patient monitoring. Sets forth additional requirements for preoperative assessment. Sets forth requirements if a patient immobilization device is used including how the device is applied, frequent checking of the patient’s head position and respiratory excursions, exposure of a hand or foot, and that the patient is observed at all times by the dentist or a BLS-auxiliary. Prohibits a moderate conscious sedation licensed dentist from administering any of the following anesthetic or sedative agents: (1) designed for administering general anesthesia or deep sedation, (2) determined by the manufacturer to be contraindicated for use in moderate pediatric conscious sedation, and (3) in an amount exceeding the manufacturer’s maximum recommended doses unless the documents in the sedation record state the clinical reason for exceeding that dosage. Sets forth required information to be given to the parent or guardian prior to sedation. Establishes required competencies that a licensed dentist or applicant must demonstrate during an evaluation, including demonstration of the administration of moderate pediatric conscious sedation on a live patient, including the deployment of an intravenous delivery system for those dentists who use IV sedation and for those that don’t, describing the proper deployment of an IV delivery system along with demonstrating moderate pediatric conscious sedation on a live patient.
Enacts GS 90-30.6, which sets forth reporting requirements of adverse events, including process and timeline. Enacts GS 90-30.7 which sets forth requirements for facility inspections and dentist evaluations including required areas of competency (preoperative patient evaluation and procedures; operative procedures, including IV delivery; post-operative monitoring and discharge; and treatment of clinical emergencies). Requires a written exam and reevaluation once every five years.
Makes conforming changes to GS 90-30.1 (pertaining to standards for general anesthesia and enteral and parenteral sedation).
Effective July 1, 2023.
Directs the NC Policy Collaboratory at UNC (Collaboratory) to conduct a study to determine whether a second health care provider who is qualified to provide anesthesia services is needed when utilizing drugs that can lead to deep sedation, such as propofol. Requires the Collaboratory to submit a report to the specified NCGA committee by April 1, 2024, to include any legislative recommendations.
| Intro. by Lee. | GS 90 |
Amends the definitions applicable to Article 9, Solid Waste Management, of GS Chapter 130A-290, as follows. Amends the definition of recovered material so that it includes post-use polymers and recovered feedstocks processed at an advanced recycling facility or held at such facility before processing; excludes these from the term solid waste. Amends the definition of solid waste management to specify that it does not include advanced recycling. Defines advanced recycling as a manufacturing process for the conversion of post-use polymers and other recovered feedstocks into basic raw materials, feedstocks, chemicals, and other recycled products through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, solvolysis, chemolysis, and other similar technologies. Excludes from advanced recycling incineration of plastics or waste-to-energy processes. Amends the term solid waste management facility to exclude an advanced recycling facility. Defines an advanced recycling facility as a manufacturing facility that receives, stores, and converts post-use polymers and other recovered feedstocks it receives using advanced recycling. Adds and defines the terms depolymerization, gasification, post-use polymer, pyrolysis, recovered feedstock, and solvolysis.
Authorizes the Revisor of Statute to make changes for putting things in alphabetical order, make conforming changes, and reserve space for future additions.
| Intro. by Sawrey, Craven, Overcash. | GS 130A |
Includes whereas clauses. Requires the State Board of Community Colleges, within funds appropriated under the act, to establish a grant program for community college campuses to offer courses to students to become tax preparers as part of the Volunteer Income Tax Assistance (VITA) program and to facilitate providing VITA services to students and community members. Sets out VITA's work. States that the goal of the grant program is for community colleges to provide work-based opportunities to students while facilitating access to the VITA program in local communities.
Requires participating community colleges to: (1) offer a specified fall curriculum course and a spring work-based learning course to students interested in becoming certified as tax preparers for the VITA program, (2) designate a faculty champion to facilitate the program, and (3) provide VITA services to be offered to all students on campus and community members. Sets out information that a community college must include in its grant application.
Appropriates the following from the General Fund to the Community Colleges System Office: (1) $1,304,100 in nonrecurring funds and (2) $570,100 in recurring funds for 2023-2024 to implement the grant program. Specifies how the funds are to be used and in what amount, including specified faculty bonuses and to hire personnel. Specifies that $549,000 of the funds remain available until the end of the 2024-25 fiscal year for bonuses of up to $500 per community college receiving a grant to support a faculty champion, hire personnel, and establish work-based learning opportunities for students.
Appropriates $50,000 in nonrecurring funds and $100,000 in recurring funds for 2023-24 from the General Fund to the Department of Revenue for community college personnel and student training and technical assistance associated with the grant program; allows the funds to be used to contract with a third-party vendor.
Appropriates $840,000 from the General Fund to the Office of State Budget and Management for 2023-24 for a directed grant to the United Way of North Carolina to expand the VITA program. Specifies the ways in which the funds may be used. Specifies that the funds remain available until the end of the 2024-25 fiscal year.
Effective July 1, 2023.
| Intro. by Mohammed, Robinson, Smith. | APPROP |
Enacts new GS 143-162.6, as follows. Prohibits State agencies; political subdivisions of the State; trusts, committees, or commissions of any political subdivision of the State from using, enforcing, providing data for use in, or otherwise participating in the creation or use of ESG or ETI policies related to hiring, firing, or evaluating employees. Also prohibits considering ESG, ETI, or related criteria in the awarding of State contracts. Defines environmental, social, and governance (ESG) criteria or economically targeted investments (ETI) requirements to mean using a set of standards to screen potential investments based upon the perceived impact to the environment and the social relationships between a company's employees and the community. Includes in the term how a company's leadership is structured in support of those standards.
Adds new Article 85, State Employee Retirement Protection Act, in GS Chapter 143, providing as follows. Defines pension benefit plan or plan as any plan; fund; or program established, maintained, or offered by the State or any subdivision, county, municipality, agency, or instrumentality thereof; or any school, college, university, administration, authority, or other enterprise operated by the State, to the extent that by its terms or as a result of surrounding circumstances does either of the following: (1) provides retirement income or other retirement benefits to employees or former employees or (2) results in a deferral of income by employees for a period extending to the termination of covered employment or beyond.
Requires a fiduciary to discharge duties with respect to a plan solely in the pecuniary interest of the participants and beneficiaries for the exclusive purpose of both of the following: (1) providing pecuniary benefits to participants and their beneficiaries and (2) defraying reasonable expenses of administering the plan. Requires a fiduciary to discharge duties: (1) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with the relevant matters would use in the conduct of an enterprise of a like character and with like aims; (2) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (3) in accordance with the documents and instruments governing the plan insofar as the documents and instruments are consistent with this Article.
Prohibits plan fiduciaries from promoting non-pecuniary benefits or any other non-pecuniary goals. Specifies that environmental, social, corporate governance, or other similarly oriented considerations are pecuniary factors only if they present economic risks or opportunities that qualified investment professionals would treat as material economic considerations under generally accepted investment theories; sets out provisions governing consideration of those factors.
Requires all shares held directly or indirectly by or on behalf of a pension benefit plan or the beneficiaries thereof to be voted solely in the pecuniary interest of plan participants. Prohibits voting to further non-pecuniary, environmental, social, political, ideological, or other benefits or goals. Prohibits a fiduciary, unless no economically practicable alternative is available, from adopting a practice of following the recommendations of a proxy advisory firm or other service provider unless the firm or service provider has a practice of, and commits in writing to, following proxy voting guidelines consistent with the fiduciary's obligation to act based only on pecuniary factors. Prohibits plan assets, unless no economically practicable alternative is available, from being entrusted to a fiduciary, unless that fiduciary has a practice of, and commits in writing to following guidelines, when engaging with portfolio companies and voting shares or proxies, that match the plan's obligation to act based only on pecuniary factors. Places the authority to vote shares in a State official who is politically accountable to the people of the State. Sets out provisions governing proxy votes.
Allows the Attorney General to enforce this Article and sets out actions the Attorney General may take.
Effective October 1, 2023.
Includes a severability clause.
| Intro. by Craven, Daniel, Overcash. | GS 143 |
Amends GS 105-164.13 to exclude from sales tax feminine hygiene products, as now defined under GS 105-164.3; excludes grooming and hygiene products, as defined. Further amends GS 105-164.13 to exclude from sales tax sales of diapers (replacing the existing exemption for sales of diapers or incontinence pads on prescription by an enrolled State Medicaid/health Choice provider for use by program beneficiaries when the provider is reimbursed by the State Medicaid program or a Medicaid MCO).
Repeals GS 105-164.13B(b), which requires the Secretary of Revenue (Secretary) to administer local sales and use taxes imposed on food as if they were imposed under Article 39, which authorizes counties to levy a 1 cent sales and use tax, applicable to local sales taxes on food imposed under specified state laws. Amends GS 105-467(a), which defines and limits the scope of the county sales and use tax that can be levied under Article 39, to eliminate from the tax's scope the sales price of food that is exempt from state sales and use tax under GS 105-164.13B, and the sales prices of a bundled transaction that include food subject to local tax under the statute. Makes conforming changes to reflect the exemption enacted for food.
Amends GS 105-164.3 to exclude food from the definition of amenity as it applies to state sales and use taxes imposed under Article 5.
Applies to sales made on or after October 1, 2023.
| Intro. by Mohammed, Murdock, Mayfield. | GS 105 |
Section 1
Requires the Wetlands Definition Rules to be implemented as follows. Restricts wetlands classified as waters of the State to waters of the United States as defined by 33 C.F.R. § 328.3 and 40 C.F.R. § 230.3. Requires the Environmental Management Commission (EMC) to adopt rules to amend the Wetland Definition Rules so that it is consistent with this provision. Sunsets this provision when the permanent rules become effective.
Section 2
Amends GS 143B-279.13, concerning the Department of Environmental Quality's (DEQ) express permit review program, as follows. Requires DEQ to issue or deny permits or certifications within the foll0wing processing days: 45 days for stormwater permits, stream origination certifications, and water quality certifications; 15 days for erosion and sedimentation control permits; and 60 days for Coastal Area Management Act permits. Deems a permit or certification as approved if DEQ fails to issue or deny the permit or certification within the following processing days: 90 days for stormwater permits, 60 days for stream origination certifications and water quality certifications, 30 days for erosion and sedimentation control permits, and 75 days for Coastal Area Management Act permits. Sets out criteria to be used when calculating processing days for purposes of these deadlines. Requires DEQ to return $1,000 of an application fee to an applicant for a permit or certification issued or denied beyond the number of processing days.
Amends GS 143-215.3D by amending the fee charged for a state stormwater permit, so that instead of a fee of $505, the fee varies as follows: $505 for a permit regulating stormwater runoff for a development of 5 acres or less, $555 for a permit regulating stormwater runoff for development greater than 10 acres and not exceeding 25 acres, and $625 for a permit regulating stormwater runoff for a development greater than 25 acres. Requires DEQ to return any amount in excess of $505 of the application fee to an applicant for a stormwater permit if the permit is not issued or denied within 90 processing days.
Section 3
Requires the EMC to implement the Fast-Track Stormwater Permit Rules as follows. Prohibits requiring field surveys and signed, sealed, and dated plans of the site layout and the stormwater collection system. Provides that if there is an increase in built-upon area or a change in SCM design from the permitted plans, the permit applicant does not have the burden of providing evidence to ensure that the proposed system complies with all applicable water quality standards and requirements. Prohibits a site inspection of the project. Requires final action on the permit application within 30 days of receipt of a complete as-built package. Requires the EMC to adopt a rule to amend the Fast-Track Stormwater Permit Rule consistent with these provisions. Expires when permanent rules become effective.
Amends GS 58-31-13 to require the Commissioner of Insurance (Commissioner) to notify the proper State agency regarding the Commissioner's determination that an undue hazard to life, safety, or property due to a defect, condition or use of a building owned by the State (was, limited to a condition or use of the building), in addition to advising the agency on how to limit or prohibit the use of the building until the hazard is abated. Adds new authority for the Commissioner to restrain, correct, or abate such described violation or prevent the occupancy or use of the building, structure, or land until such described violation is corrected.
Amends GS 58-31-40, regarding the Commissioner's duty to conduct fire safety inspections of every State property, to now require the Commissioner to provide written notification to the agency or official in charge of the property pursuant to the procedures of GS 143-139(e1) (previously did not specify the manner) of any defect, condition, or change of use (was, defect only) noted by the Commissioner or any improvement considered by the Commissioner to be necessary, with a copy of the notice forwarded to the Department of Administration. Adds new authority for the Commissioner to restrain, correct, or abate the violation or prevent the occupancy or use of the building, structure, or land until the violation is corrected upon determining an imminent undue hazard to life, safety, or property due to a defect, condition, or the use of a building owned by the State. Adds a new duty of the Commissioner to supervise and inspect all work done and materials used in the construction or renovation of all State buildings, including all community college buildings, that pertains to the electrical systems and fire protection features and component of the construction or renovation. Directs the Commissioner to act as the appropriate official inspector or inspection department for the purposes of GS 143-143.2. Prohibits the State or any State agency from accepting work subject to this new supervisory authority of the Commissioner until the work has been approved by the Commissioner.
Amends GS 143-139 to distinguish the enforcement of the NC Building Code pertaining to fire protection from the general enforcement authority of the Code granted to the Department of Administration. Adds new subsection (e1), granting the Commissioner the general authority to supervise, administer, and enforce all sections of the Building Code pertaining to electrical and fire protection features and components during the construction or renovation of State property generally, and to inspect and approve construction pursuant to GS 58-31-40, except those sections for which enforcement is specifically allocated to other agencies in subsections (c), (d), and (e) of the statute. Establishes procedures for when the Commissioner notes a defect or condition or an improvement necessary to comply with the Code pertaining to electrical systems and fire protection of State property, including the Commissioner notifying the Department of Administration who must respond within 30 days of notice indicating that the defect, condition, or improvement has been addressed, completed, or intent exists to formulate a plan to address the defect or condition. When the defect or condition noted results in an imminent undue hazard to life, safety, or property, authorizes the Commissioner to (1) prevent the unlawful maintenance, erection, construction, reconstruction, or alteration of purpose, (2) restrain, correct, or abate the violation, or (3) prevent the occupancy or use of the building, structure, or land until the violation is corrected. Mandates buildings receive a Certificate of Occupancy from the Commissioner prior to occupancy, conditioned upon all required inspections having been completed and the work approved. Requires the Department of Administration to provide records of all inspections and approvals required by the Building Code to the Commissioner. Makes conforming changes.
Amends GS 143-340, adding to the Secretary of Administration's powers and duties with regard to the protection of all public building and grounds from fire, to require consultation and cooperation with the Commissioner with regard to fire protection features and components, and electrical installation means for building and properties owned by the State. Makes language gender neutral.
Amends GS 143-341(3), revising the Department of Administration's powers and duties with regard to architecture and engineering of State buildings, to require the Commissioner's approval of all work done in the construction or renovation of State buildings for purposes of electrical and fire protection features and components for buildings and properties owned by the State pursuant to new GS 143-139(e1), prior to acceptance by the State or any State agency. Makes technical changes.
Amends GS 143-345.11 to add GS 58-31-13 and GS 143-139(e1) to the statutory authorities of the Commissioner which are not abrogated by the Secretary of Administration's authority over State building plans.
The Daily Bulletin: 2023-04-13
The Daily Bulletin: 2023-04-13
Actions on Bills: 2023-04-13
H 591: MODERNIZE SEX CRIMES. (NEW)
H 592: COLLEGE OF THE ALBEMARLE/HEALTH SCIENCE LAB.
H 593: VARIOUS LOCAL LAWS (NEW).
H 594: DIS. VETERAN HOMESTEAD EXCL. PREQUALIFICATION.
H 595: RENTAL INSPECTIONS.
H 597: 25-YEAR RETIREMENT FOR FIRST RESPONDERS.
H 598: 1% PROPERTY TAX LEVY LIMITATION.
H 599: UNFAIR ADVERTISING/FOOD DELIVERY PLATFORMS.
H 600: REGULATORY REFORM ACT OF 2023.
H 601: COMM. COLLEGES FUNDING & ACCOUNTABILITY STUDY.
H 602: K-3 CLASS SIZE WAIVER.
H 603: TEMPORARY EVENT VENUES.
H 604: CREATE DV EXCEPTIONS TO ONE-YEAR SEPARATION.
H 605: SCHOOL THREAT ASSESSMENT TEAMS.
H 606: VOLUNTEER FIREFIGHTER REIMBURSEMENT PROGRAM.
H 607: PROHIBIT COMPELLED SPEECH/HIGHER ED.
H 608: SAFETY REQUIREMENTS FOR ELEVATORS.
H 609: PHOEBE'S LAW/SPEED MEASURING IN SCHOOL ZONES.
H 610: 2023 SAFE DRINKING WATER ACT.
H 611: MODIFY TRAINING/STANDARDS COMMISSIONS POWER.
H 612: EXPAND CRIMINAL JUSTICE FELLOWS PROGRAM.
H 613: ACCESS TO VOTED BALLOTS.
H 614: AMEND NC CONST./RIGHT TO WORK.
H 615: NC HIGHWAY SAFETY ACT OF 2023.
H 616: FIREFIGHTER TRAINING FACILITY FUNDS/HOKE CO.
H 617: RIVER HERRING LIMITED HARVEST.
H 618: CHARTER SCHOOL REVIEW BOARD.
H 619: LEARNING AAPI CONTRIBUTIONS IN SCHOOLS.
H 620: UP MINIMUM WAGES/NO SUBMINIMUM OR EXEMPTIONS.
H 621: 3-YEAR FDA APPROVAL FOR NEW CHILDHOOD VAXX.
H 622: MENSTRUAL EQUITY FOR ALL ACT.
H 623: THE KELLY SPANGLER STUDY BILL.
S 80: STATE AUDITOR DISCLOSURE AND DISCOVERY ACT.
S 303: VARIOUS COURT CHANGES. (NEW)
S 324: INTERSTATE MEDICAL LICENSURE COMPACT.
S 331: CONSUMER FINANCE ACT AMENDMENTS.
S 340: EXPAND PROB. OFFICER/SHERIFF AUTHORITY.
S 345: ALARM SYSTEMS LICENSING/MACHINERY ACT CHANGES. (NEW)
S 360: MODIFY VICTIM AND SEX OFFENSE REGISTRY LAWS.
S 382: DENTAL PRACTICE ACT CHANGES.
S 425: HHS OMNIBUS. (NEW)
S 426: STATE AUDITOR/ACCESS TO MEDICAL BOARD RECORDS.
S 512: GREATER ACCOUNTABILITY FOR BOARDS/COMMISSIONS.
S 514: MH LIC. FAIR PRACTICE & EFFICIENCY STANDARDS.
S 515: WATER AND SEWER AFFORDABILITY ACT.
S 545: INSPECTION RIGHTS REGARDING SUBSIDIARIES.
S 546: AMD LLC LAWS/PATERNITY DOCS/SPOUSE SUPP. (NEW)
S 579: PREVENT HARM TO CHILDREN.
S 582: NORTH CAROLINA FARM ACT OF 2023.
S 625: CHILD WELFARE, SOC. SERV., AND DHHS REFORMS. (NEW)
S 631: MINOR GENDER TRANS. PROC./PUBLIC PROVIDERS. (NEW)
S 640: AMEND OCCUPATIONAL LICENSING BOARD STATUTES. (NEW)
S 658: WATER SAFETY ACT OF 2023.
S 669: SOLAR DECOMMISSIONING RQMTS.
S 675: LAND USE CLARIFICATION AND CHANGES.
S 678: CLEAN ENERGY/OTHER CHANGES. (NEW)
S 684: STORMWATER PROGRAM REVISIONS.
S 690: SUPPORT OUR DIRECT CARE WORKFORCE.
S 722: CHILD CARE FLEXIBILITIES.
S 723: HENRY'S LAW.
S 729: CBBC WORKING GROUP CHANGES.
S 737: ADDRESS ESG FACTORS.
S 743: BROADBAND/GRANT CHANGES. (NEW)
S 744: ENVIRONMENTAL PERMITTING REFORMS.
Actions on Bills: 2023-04-13
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