The Daily Bulletin: 2023-04-26

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The Daily Bulletin: 2023-04-26

PUBLIC/HOUSE BILLS
H 198 (2023-2024) DOT LEGISLATIVE CHANGES.-AB Filed Feb 23 2023, AN ACT TO MAKE CHANGES TO TRANSPORTATION LAWS, AS RECOMMENDED BY THE DEPARTMENT OF TRANSPORTATION.

House committee substitute to the 1st edition makes the following changes.  Deletes proposed amendments to GS 136-44.2E (the Transportation Emergency Reserve (Reserve)) that would have changed how Reserve funds can be used. Makes technical change to proposed amendments to Section 1.7 of SL 2019-251 (Hurricane Dorian funds to be used to continue the Department of Transportation’s (DOT) Resilience Program) to refer to the original session law.   

Amends new GS 136-28.1A’s reporting requirement, as follows. Now directs DOT to report to specified NCGA committees and division within 30 days of entering into a statewide contract (was, statewide purchasing schedule) on the nature and scope of all statewide purchasing contracts established pursuant to the Integrated Mobility Division’s authority as set forth in GS 136-28.1A (was, project Integrated Mobility Division is undertaking pursuant to the statute). Now specifies that GS 136-28.1A applies to contracts entered into on or after GS 136-28.1A becomes law. Makes technical changes.  

Amends GS 143-134 (DOT exemption from the public contracting laws of Article 8 public building contracts entered into by DOT for facilities that are or will be jointly occupied by personnel from the Division of Motor Vehicles and the Highway Patrol) as follows. Requires DOT to advertise and award contracts in the manner specified under Article 8. Requires the Department of Administration (DOA) to assist DOT upon request in advertising and awarding contracts. Specifies that DOT building projects under GS 143-134 may be subject to local building permit requirements. Makes technical changes. Now specifies that GS 143-134 applies to contracts entered into on or after the date GS 143-134 becomes law.

Now specifies that GS 136-28.1 as amended by the act applies to contracts entered into on or after GS 136-28.1 becomes law.

Amends GS 136-76.2 to include the installation of culverts and structures (was, just culverts) associated with the State highway system on low volume or non-outlet roads (was, just non-outlet) to those activities funded by the "bridge program" not required to be outsourced to private contractors. 

Amends Section 41.3, SL 2021-180, as amended, by deleting provision specifying that DOT's average month-end cash balance for the first three months in the calendar year prior to the date of determination must be equal to or less than $2 billion and instead changing the average month-end cash balance set forth to GS 142-97 (pertaining to Build NC Bonds) from $1 billion to $2 billion so that the change is instead codified in GS 142-97.

Deletes repeal of GS 160A-605(d), which requires Board of Trustee members of the Regional Public Transportation Authority Board to reside within the Authority's territorial jurisdiction defined by GS 160A-604. Instead, adds new section amending GS 160A-605 (membership of the Transportation Authority Board of Trustees [Board]) to allow the Secretary of Transportation to appoint individuals who do not reside within the territorial jurisdiction of the Transportation Authority.

Deletes changes to GS 136-89.213, which would have authorized the Turnpike Authority to use digital communications and methods to obtain information for a registered owner of a motor vehicle through verification of phone numbers, connected or enabled vehicle applications, and other digital means to pursue bill by first-class mail. Instead moves that provision to GS 136-89.214 (pertaining to bills for unpaid open road toll).  Specifies that the changes to GS 136-89.214 are effective July 1, 2023.

Deletes amendments to GS 20-146.2 which would have removed certain vehicles from the list of HOV lane restriction exemptions.

Deletes amendments to the Transportation Investment Strategy Formula set forth in GS 136-189.11 that would no longer bar DOT from providing financial support for independent bicycle and pedestrian improvement projects. Instead specifies that the bar would not apply to any bicycle and pedestrian improvement project that may provide improved access to opportunities or community services for low-income, elderly, or disabled individuals. Specifies that this applies to State Transportation Improvement Program plan updates after GS 136-189.11 becomes law.

Moves amendments to GS 126-6.3 from (b) to (a), which would have exempted the Ferry Division from the required use of the Temporary Solutions Program for temporary employment when there is an established need for peak season hires or when the expertise requires a specific skillset beyond the scope of temporary employees.

Amends GS 136-82(f) (limiting priority boarding passes for commercial vehicles boarding ferries to one annual pass per vendor per vehicle each year) to now provide that no more than 10 vehicles can priority board a ferry per one-way trip (previously just referenced the 10-vehicle limit) during authorized times. Specifies GS 136-82 is effective July 1, 2023, and applies to applications for priority boarding passes submitted on or after that date.  Makes organizational changes.

Deletes amendments to GS 136-82, which would have directed that all unexpended funds appropriated to the Ferry Division's budget from the prior fiscal year that are transferred to the Ferry Capital Special Fund and deposited in the Ferry Statewide fund code carry forward. 

Removes provisions that would have repealed Section 41.15A(a) and (b), SL 2021-180, which (1) requires the Directors of the Office of State Budget and Management to certify line item expenditure accounts of the Ferry Fund Code 7825 as appropriations and (2) requires positions in that fund code to be budgeted to the Personal Services major account group rather than agency receipts. 

Deletes amendments to GS 146-44.36, which would have authorized DOT to administer State and federal revitalization programs within adjoining states upon agreement with the adjoining state entity. 

Instead of replacing language, now amends the language of GS 136-133.1(a), which defines maximum cut or removal zones for outdoor advertising sign owners who have obtained a selective vegetation removal permit, to implement the same substantive changes as set forth in the 1st edition with the following changes. Amends the method of determining point C for defining the limits of the vegetation cut or removal area. Adds new authority for owners or their designees to cut vegetation within any area on the State right-of-way located between viewing zones of two sign faces or otherwise within any areas measured perpendicular from any point on the sign structure to the edge of the pavement of the main traveled way, subject to a fee of $150 (was $100) per caliper inch. Additionally revises vegetation that may be removed without a permit under subsection (g), except for native dogwoods (was, native dogwoods and native redbuds). Makes conforming changes. 

Instead of replacing language, now amends the language of GS 136-133.2 concerning the issuance of a selective vegetation removal permit to implement the same substantive changes set forth in the 1st edition. Specifies that the changes to GS 136-113.1 and GS 136-133.2 are effective July 1, 2023, and apply to applications for selective vegetation removal permits submitted on or after that date.

Authorizes DOT to enter into agreements with the NC SBI, with the SBI acting on its own behalf or as an administrative agency of a local law enforcement agency of the State pursuant to authority granted by these provisions, for the placement and use of automatic license plate reader systems within land or rights-of-way owned by DOT as part of a pilot program, subject to six qualifications, including: the use of the land is temporary; the system is above ground, removeable, and contains no combustible fuel; and the system is operated in accordance with GS Chapter 20, Article 3D. Requires termination and removal by DOT upon request by any affected public utility. Allows DOT or public utilities to relocate the system for immediate access to utilities, with liability limited to gross negligence or willful misconduct, and subject to notification to the SBI. Defines public utility. Effective July 1, 2023; expires June 1, 2024, with any agreement entered into under the pilot program terminating no later than that date.

Changes the reporting date for the SBI to submit a report to the specified NCGA committees to October 1, 2024 (was, March 1, 2024) on systems placed on rights-of-way owned or maintained by DOT as specified. Makes technical change.

Makes technical changes so that GS 136-27.3A and GS 20-183.32A are directly repealed instead of repealing section 41.57(a) and (c), SL 2021-180, which enacted GS 136-27.3A (Relocation of automatic license plate reader systems) and GS 20-183.32A (Report on automatic license plate reader systems).

Amends GS 20-183.30, adding new defined terms to Article 3D, Automated License Plate Reader Systems. Amends defined term criminal justice officer by statutory cross-reference to also include a justice officer under GS 17E-2.

Enacts new GS 20-183.33, specifying that any person who violates Article 3D of GS Chapter 120 by obtaining, accessing, preserving, or disclosing data obtained in accordance with Article 3 in a manner other than that allowed by the provisions of the Article is guilty of a Class 1 misdemeanor. Effective December 1, 2023.

Deletes provision that would have added DOT to the list of agencies authorized to implement and enforce State and federal environmental laws under GS 150B-19.3, and limited DOT from adopting more restrictive standards, limitations, or requirements than those imposed by federal law or rule unless otherwise specified.

Specifies GS 105-164.44M, as amended by the act, is effective July 1, 2023.  

Amends GS 143C-6-11 regarding DOT's required monthly financial statement reports to require the report include projected revenues and Spend Plan for the current fiscal year (was, next 12-month period).

Amends GS 136-12 (pertaining to the Transportation Improvement Program [TIP] reports) to change the DOT’s reporting requirements to the NCGA as follows. Now requires DOT to submit a full printed, detailed report to the NCGA (currently, specified NCGA committee) on or before the tenth day after the convening of each regular session of the General Assembly (currently, March 1) that includes the cost of maintenance and construction work undertaken by DOT, receipts of license fees, disbursements of DOT, and other financial information relevant to illustrate DOT’s financial condition during the previous fiscal year (currently, report must just include how the previous fiscal year’s funds for maintenance and construction were allocated and expended). Makes technical change.  Changes the deadline for posting and distribution for when the DOT approves TIP or interim changes to a TIP from 30 days to 10 days before said approval. Adds new requirement that DOT must post these changes on its website. Makes technical changes.

Amends GS 136.11.1 (prior consultation on DOT transportation projects) to remove requirement that DOT inform affected utility providers affected by a planned transportation project.  Amends the exemption to notice of said project if it is already posted on the DOT website as part of a TIP. Makes conforming changes.

Amends GS 136-189.11 (transportation investment strategy formula) to specify that funds received from the federal government that under federal law may only be used for Ferry Boat and Terminal Facilities Construction Program (FBP) projects are excluded from the formula.

Enacts new GS 136-93.03 (fee authorization for driveway, subdivision, traffic impact analysis, and encroachment review permits, approvals, or certifications). Authorizes DOT to determine and assess fees for all programs that issue permits, approvals, or certifications concerning driveways, subdivisions, traffic impact analyses, and encroachment reviews. Designates DOT as responsible for administration and collection of fees. Directs that a portion of the fee will be designated for administration of the program for which the fee was collected. Requires DOT to develop rules and policies to implement the fees.  Effective July 1, 2023.

Amends GS 120C-500 to require the Department of the Treasury to designate at least one, but not more than five, liaison personnel to lobby for all offices, commissions, and agencies within DOT.

Repeals Article 10 of GS Chapter 63 (pertaining to operation of unmanned aircraft systems). Makes conforming changes to GS 15A-300.3 to account for repeal of Article 10.  Effective December 1, 2023, and specifies that prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable  but for this section remain applicable to those prosecutions.

Enacts new GS 136-44.40 (setting forth limitations on rail transportation liability for S-Line Corridor acquisition). Sets forth four defined terms. Permits DOT to contract with any railroad, Regional Public Transportation Authority, county, or city to allocate financial responsibility for passenger rail claims, including, but not limited to, the execution of indemnity  agreements, notwithstanding any other statutory, common law, public policy, or other prohibition against the same, and regardless of the nature of the claim or the conduct giving rise to such claim. Sets forth insurance requirements if DOT enters into such contracts. Provides that the aggregate liability of DOT and the railroad for all passenger rail claims arising from a single accident or incident for property damage, personal injury, bodily injury, and death of passengers is limited to the current limitations of liability provided in federal law pertaining to limitations on rail passenger transportation liability (49 U.S.C. § 28103 (or any successor legislation)) or to any proceeds available under any insurance policy, whichever is greater. Clarifies that new GS 136-44.40 does not affect the damages under the Federal Employers’ Liability Act or Article 1 of GS Chapter 97. Specifies that new GS 136-44.40 does not waive any sovereign immunity for tort to which DOT or its directors, officers, employees, or agents are otherwise entitled. Applies to contracts entered into after GS 136-44.40 becomes law.

Amends Section 3.2 of SL 2021-180 (the Highway Fund availability used in adjusting the 2021-22 FY budget) to change the $176,577,495 availability from the Partial Accounting of HTF Cash Advance Repayments to the General Maintenance Reserve (GMR).

Amends Section 3.4 of SL 2021-180, as amended (Highway Trust Fund availability used in adjusting the 2021-22 fiscal year budget), to delete line showing the Partial Accounting of Cash Advance Repayments has $176,577,495. Changes the number for STI Projects from $502,164,864 to $326,587,369.

Amends Section 3.2 of SL 2022-74 (Highway Trust Fund availability for the 2022-23 fiscal year budget) to change the entity designated with $107,700,000 from Partial Accounting of HTF Cash Advance Payments to GMR.

Amends Section 3.4 of SL 2022-74 (Highway Trust Fund availability for the 2022-23 fiscal year budget) to delete the line pertaining to Partial Accounting of Cash Advance Repayments. Changes the amount to STI Projects from $182,500,000 to $74,800,000.

Intro. by B. Jones, Shepard, McNeely, Tyson.APPROP, UNCODIFIED, GS 20, GS 63, GS 105, GS 126, GS 136, GS 143, GS 143C, GS 150B, GS 160A
H 199 (2023-2024) DMV PROPOSED LEGISLATIVE CHANGES.-AB Filed Feb 23 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE MOTOR VEHICLE, LIEN HEARING NOTIFICATION, AND SERVICE OF PROCESS LAWS OF THE STATE, AS RECOMMENDED BY THE DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF TRANSPORTATION.

House committee substitute to the 1st edition is to be summarized. 

Intro. by B. Jones, Shepard, McNeely, Tyson.GS 1, GS 20, GS 143
H 309 (2023-2024) INSPECTION OF LOW-SPEED VEHICLES. Filed Mar 8 2023, AN ACT TO AUTHORIZE THE OFF-SITE SAFETY INSPECTION OF LOW-SPEED VEHICLES BY LICENSED SAFETY INSPECTION STATIONS.

House committee substitute to the 1st edition deletes the content of the previous edition and replaces it with the following. 

Amends GS 20-183.4 to allow a low-speed vehicle safety inspection to be performed at location other than the inspection station by a station with a safety inspection station license and by a mechanic employed by the station that has a safety inspection mechanic license. Applies to low-speed vehicles inspected on or after July 1, 2024.

Requires the Department of Transportation to adopt rules to implement this act before July 1, 2024.

Amends the act's long title.

Intro. by Iler.GS 20
H 346 (2023-2024) REORGANIZATION & ECONOMIC DEVELOPMENT ACT. Filed Mar 9 2023, AN ACT TO ESTABLISH A PROCEDURE FOR A HOSPITAL SERVICE CORPORATION TO REORGANIZE BY CREATING A NONPROFIT HOLDING CORPORATION.

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

Amends new GS 58-65-177(c) (pertaining to transfers in connection with reorganization) to provide that as part of reorganization a hospital service corporation may transfer cash, investments, or equity ownership interests in affiliates or subsidiaries to the nonprofit holding corporation and its subsidiaries by dividend, distribution, or otherwise (was, could transfer property, assets, rights, liabilities, equity, or ownership interests in subsidiaries or other owned business entities, and other interests). Now provides that the total statutory value of cash, investments, and ownership interests in affiliates or subsidiaries, net of liabilities, transferred as part of a reorganization may not exceed 25% of the hospital service corporation's admitted assets as of its most current annual statement filed with the Commissioner of Insurance (Commissioner). Specifies that any affiliate or subsidiary of the hospital service corporation transferred as part of a reorganization cannot be an insurer engaged in the issuance of health insurance policies.

Makes organizational changes to GS 58-65-181(b) (operation of nonprofit holding corporation and subsidiaries). Requires the nonprofit holding corporation to file annual with its financial statement executive compensation information for its CEO, CFO, and next eight highest paid executive officers. Requires an annual report to the Commissioner describing the nonprofit holding corporation’s strategic investment activities for the preceding year. Requires the governing board of the nonprofit holding corporation to be comprised solely of individuals on the governing board of the hospital service corporation.

Amends GS 58-65-183 (operation of a hospital service corporation) to specify that neither a reorganization nor any other transaction permitted by the Part (was, just reorganization) constitute or require a conversion of the hospital service corporation pursuant to GS 58-65-131, GS 58-65-132, GS 58-65-133, or any other law of this State. Also specifies that neither a reorganization nor any other transaction permitted by the Part (was, just reorganization) will require the nonprofit holding corporation, hospital service corporation, or any affiliate of either to make any distribution or payment to any person or entity.

Intro. by Bradford, Setzer, Reives, Bell.GS 58
H 431 (2023-2024) NEW ARCHITECT RECRUITMENT ACT. Filed Mar 21 2023, AN ACT TO AUTHORIZE THE NORTH CAROLINA BOARD OF ARCHITECTURE AND REGISTERED INTERIOR DESIGNERS TO EXPEND FUNDS TO CONDUCT EDUCATIONAL COURSES FOR LICENSED ARCHITECTS, REGISTERED INTERIOR DESIGNERS, AND INDIVIDUALS INTERESTED IN ARCHITECTURE.

House amendment to the 1st edition makes the following changes.

Amends the act's long title.

Amends GS 83A-3 to allow the NC Board of Architecture (Board) to use its funds to establish, conduct, contract, or arrange for instructional programs for registered interior designers, in addition to licensed architects and other individuals already listed, interested in courses in an effort to (1) satisfy the requirements for registration as an interior designer in addition to licensure as an architect, (2) learn about interior design or architecture as an interest (was, just architecture), or (3) pursue an architectural or interior design education program (was, just architectural program).

Now permits the NC Board of Architecture and Registered Interior Designers to adopt rules to implement the act (was, just NC Board of Architecture).

Intro. by Winslow, Arp.GS 83A
H 445 (2023-2024) OPEN MEETING CHANGES. (NEW) Filed Mar 22 2023, AN ACT TO AUTHORIZE REMOTE MEETINGS UNDER CERTAIN CIRCUMSTANCES.

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

Amends GS 143-318.11 to change reference from "motion to close a meeting" to "motion to enter into closed session." Makes technical change. Recodifies GS 166A-19.24 to GS 143-318.13A. Amends GS 143-318.13A (remote meetings during certain circumstances [was, declarations of emergency]) to expand the ability of a public body to conduct remote meetings during the following circumstances, in addition to the duration of a formal declaration of emergency: (1) during the time period one or more of the members of the public body cannot attend in person due to health issues that prevent attendance in person. Specifies that member or members will not be required to reveal details of the health condition and (2) during the time period one or more of the members of the public body cannot attend in person due to generally unexpected circumstances that prevent attendance in person. Specifies that member or members will not be required to reveal details of the generally unexpected circumstances. Amends notice provisions to require that the public body cite the reason for the remote meeting. Makes organizational and conforming changes. Deletes defined terms official meeting and public body. Makes conforming change to GS 143-318.10, GS 143-318.13(d), GS 143-318.14A(e), GS 153A-43(b), GS 160A-74(b), and GS 160A-75(b) to refer to recodified GS 143-318.13A as amended by the act.

Makes conforming changes to act’s long and short titles.

Intro. by Winslow, Watford, Moss, Cairns.GS 143
H 447 (2023-2024) CLARIFY MOTOR VEHICLE DEALER LAWS. Filed Mar 22 2023, AN ACT TO CLARIFY VARIOUS MOTOR VEHICLE DEALER LAWS.

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

Section 1

Amends GS 20-305, which lists certain conduct that is unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative whatsoever of any of them (collectively, a “person”), as follows.  Reorganizes GS 20-305(53) into subparts: subpart (a), which pertains to certain unlawful acts if a motor vehicle dealer with franchised dealers in the State and it permits a retail customer to reserve or request to purchase or lease a vehicle directly from the manufacturer; and new subparts (b)-(d), as follows.

Deletes provisions of GS 20-305(53)(b) that made it unlawful for a person to fail or refuse to give equal reference and prominence on any website owned, operated, or controlled by the manufacturer or distributor on which consumers are permitted to order, purchase, or lease vehicles, to all of the manufacturer's or distributor's franchised dealers located in this State.

Amends GS 20-305(53)(c), which specifies that it is unlawful for a person to fail or refuse to allow all of its franchised dealers located in the State to do any of six listed things, as specified. Deletes GS 20-305(53)(c)(6), which specified that it is unlawful for a person to fail or refuse to allow all of its franchised dealers to have the ability to use any digital platform or digital retailing tool selected by the dealer as long as it is capable of performing the essential functions required by the manufacturer or distributor.

Amends GS 20-305(53)(c)(1) now specifies that it is unlawful for a person to fail or refuse to allow all of its franchised dealers, subject to availability, have the ability to maintain on the ground and in the dealer's stock a reasonable supply of all makes and models of new vehicles the dealer is authorized to sell (only applies to the extent material shortages not caused by other factors and events beyond the control of the manufacturer or distributor, now including unavailability of parts and recalls) (previous version did not have subject to availability language and only listed Acts of God and labor strikes as events).

GS 20-305(53)(c)(2) now specifies that it is unlawful for a person to fail or refuse to allow all of its franchised dealers to have the right to store new and used batteries at a safe and secure location selected and paid for by the dealer (was, just selected by the dealer) that is separate from the dealership premises, fail or refuse to compensate dealers for the full cost of storing used batteries more than 30 days after the manufacturer or distributor has been notified by the dealer of their availability to be picked up (prior version also made it unlawful for any person to fail or refuse to compensate and indemnify dealers for all loss and damage caused by vehicle batteries supplied by or through the manufacturer or distributor).

GS 20-305(53)(c)(3) now specifies that it is unlawful for a person to fail or refuse to allow all of its franchised dealers to have the same opportunity to purchase used vehicle inventory distributed or made available by that manufacturer or distributor without imposing any additional conditions or requirements on their dealers; provided that a manufacturer or distributor may uniformly restrict dealers to purchase through such program only used vehicles for which the dealer holds a franchise (prior version did not have uniform restrictions). 

GS 20-305(53)(c)(4) now specifies that it is unlawful for a person to fail or refuse to allow all of its franchised dealers to have the opportunity to order from or through the manufacturer or distributor, receive and maintain in stock a reasonable supply of parts required for service and repair of the manufacturer's or distributor's vehicles based on the volume of service work performed by the dealer; provided that this sub-sub-subdivision is not violated to the extent that the failure of the manufacturer or distributor to provide parts is caused by the occurrence of product shortages resulting from natural disasters, unavailability of parts, labor strikes, or product  recalls beyond the control of the manufacturer or distributor (prior version did not have language relating to acts beyond the control of the manufacturer or distributor).

GS 20-305(53)(c)(5) now specifies that it is unlawful for a person to fail or refuse to allow all of its franchised dealers to have, if the manufacturer or distributor has not contributed money or content towards the dealer's advertising, the right to independently determine the types of physical and digital advertising media the dealer chooses to advertise, including content and format, so long as it does not interfere with intellectual property rights of manufacturers and distributers (prior version did not contain exemption for when manufacturer or dealer contributes money towards dealer’s advertising); provided that nothing in this sub-sub-subdivision allows a  dealer to advertise the products offered by the manufacturer or distributor in a manner that disparages or violates the reasonable brand image requirements of the manufacturer or distributor (prior version did not contain language pertaining to brand image).

Amends GS 20-305(53)(d), which makes it unlawful for a person to engage in any of the following things pertaining to the sale and negotiation of all motor vehicles in the State, as follows. Deletes provision making it unlawful for a person to maintain a website or other electronic or digital means of communication for negotiating prices or other binding terms of sale of new vehicles directly between the manufacturer or distributor and end users located in this State, including, but not limited to, agreements between the manufacturer or distributor and the end user on prices or other substantive terms of sale or leasing of new vehicles. Now makes it unlawful for a person to retain ownership of new motor vehicles until they are sold to end users located in this State except for fleet sales to a fleet customer that has a designation as such by the manufacturer or distributor (exception not in prior version).  Now makes it unlawful for a person to consign new motor vehicles to its franchised dealers in this State for dealer inventory or for sale or lease to retail customers (was, just sale to end users) located in this State except for the sale or lease of a vehicle in connection with a repurchase under Article 15A of GS Chapter 20.

Now makes it unlawful for a person to reserve the right to negotiate binding terms of sale or lease (was, just sale) directly with retail customers purchasing or leasing new motor vehicles (was just buyers of new motor vehicles located in this State); provided that displaying a manufacturer's or distributor's retail price on a manufacturer or distributor-owned or controlled website or other electronic or digital means of communication shall not be considered negotiating binding terms of sale or lease in violation of this sub-sub-subdivision. Now makes it unlawful for a person to designate its franchised dealers in this State to be only delivery agents for new motor vehicles and service and parts outlets, reserving for the respective manufacturer or distributor the right to establish the binding terms of vehicle sales or the right to negotiate the binding terms of sale or lease directly with retail customers located in this State (was, just sale to end users); provided that a manufacturer or distributor may engage in fleet sales with a fleet customer that has a designation as such by the manufacturer or distributor (prior version did not have exception for fleet sales). Now specifies that nothing in GS 20-305(53)(d) prohibits a manufacturer or distributor from setting or advertising a suggested retail price or a minimum advertised price. Amends the three non-exhaustive instances of what "unreasonably impede or interfere with" includes under GS 20-305(53)(d)’s provisions pertaining to rural and other franchised dealers’ ability to obtain technologically advanced vehicles (TAV).  Now makes it unlawful for a person to require, coerce, or attempt to coerce a dealer to make expenditures related to achieving CO2 reductions or neutrality at the dealer's facility at the expense of the dealer. Makes organizational changes.

Amends GS 20-305(44), amending new subsection GS 20-305(44)b, which makes it unlawful for a person to require, coerce, or attempt to coerce any new motor vehicle dealer located in this State to refrain from using all or part of the name of a dealer's founder, owner, existing trade name, or dealer principal in the dealer's trade name; provided the name the dealer proposes to use for its trade name would not disparage the manufacturer's or distributor's brand or be confusing to the consuming public (prior version did not have disparagement/confusion language).

Amends new GS 20-305(55) (unlawful for a person to interfere with the independence and governance of a dealer or dealer applicant having multiple owners by requiring, coercing, or attempting to coerce the dealer or dealer applicant to enact specified measures that would alter its governance, facilities, and finances) to specify that it does not prohibit a manufacturer or distributor from requiring the dealer or dealer applicant to designate a single natural person that the manufacturer or distributor may contact and who will be responsible for all business communications and day-to-day business  decisions with the manufacturer or distributor, or from requiring that the  designated person own a minimum percentage of ownership reasonably determined by the manufacturer or distributor.

Section 2

Makes organizational changes to GS 20-305(56) (setting forth conduct that constitutes the unreasonable interference of the establishment, maintenance, operation, or control of either a single location dealer website or dealer group website). Amends definition of dealer group website. Amends list of six non-exhaustive instances of unreasonable interference. Now specifies in GS 20-305(56)(b), pertaining to manufacturer websites, it is unlawful for any manufacturer or distributor to do either of the following: (1) fail to give, to the extent technologically feasible, substantially equivalent visibility to all of the manufacturer's or distributor's franchised dealers located in this State, on any website owned, operated, or controlled by the manufacturer or distributor on which customers are permitted to order or reserve vehicles for purchase or lease and (2) maintain a website or other electronic or digital means of  communication for negotiating or otherwise establishing prices or other binding terms of sale or lease of new vehicles directly between the manufacturer or distributor and retail customers located in this State, provided that a manufacturer, factory branch, distributor, or distributor branch may maintain a website or other electronic or digital means of communication if the final selling or lease price of the new vehicles is determined by eligible dealers, and provided further that a dealer may not be required to set a non-negotiable price as a condition for the dealer's inclusion on any website owned, controlled, or maintained by a manufacturer or distributor.

Section 3

Amends GS 20-305.2 as follows. Now makes it unlawful for any manufacturer or distributor that has any franchised dealers in this State to sell, lease, or otherwise distribute one or more models, brands, or series of motor vehicles in this State that are propelled solely or primarily by electric or hydrogen, or vehicles that utilize autonomous self-driving technology rated at Level 3, 4, or 5 by the Society of Automotive Engineers (was, just electric or hydrogen vehicles), without making some vehicles utilizing the same or substantially similar  advanced technology functionally available for purchase by all of its franchised dealers located in this State within 12 months of the date vehicles possessing such advanced technology are first delivered to any of the manufacturer's or distributor's dealers in this State or at such time as the manufacturer or distributor has sold at least 2,500 vehicles utilizing such advanced technology in this State, whichever date occurs first. Now requires the Commissioner to promptly investigate any complaint brought by a franchised dealer that a manufacturer or distributor with whom the dealer holds a franchise or any affiliated entity has violated this subsection, and, if the Commissioner determines that this subsection has been violated, the Commissioner must take appropriate action against the subject manufacturer or distributor. Deletes language specifying that it is not a violation if the manufacturer or distributor: (1) makes a reasonable quantity of vehicles using the same electric, hydrogen, or other new technology available on some models, brands, or series of vehicles available for all of its existing franchised dealers located within this State to purchase at no additional charge other than the minimum costs necessary for these dealers to sell and service the electric, hydrogen, or other new technology vehicles or (2) is selling, leasing, or otherwise distributing new electric, hydrogen, or other new technology vehicles in this State as part of a trial or introductory program where fewer than 2,000 of the vehicles are sold, leased, or distributed in this State during any 12-month period.

Section 4

Amends GS 20-305(14), which makes it illegal for any manufacturer, factory branch, distributor, or distributor branch; or any field representative, officer, agent, or representatives of these entities, to delay, refuse, or fail to deliver motor vehicles or motor vehicle parts or accessories in reasonable quantities relative to the new motor vehicle dealer's facilities and sales potential in the new motor vehicle dealer's market area, or within a reasonable time, after receipt of an order (was, bona fine sold retail customer order) from a dealer that has a franchise for the retail sale of any new motor vehicle sold or distributed by the manufacturer or distributor, any new vehicle, parts or accessories to new vehicles as are covered by such franchise, and such vehicles, parts or accessories as are publicly advertised as being available or actually being delivered. Deletes requirements that the manufacturer or distributor fill each bona fide retail customer order from one of its in-state franchised dealers in the chronological sequence in which the order is received without regard for or consideration of the dealer’s previously earned allocation of vehicles and requires the orders to be filled before the manufacturer or distributor allocates vehicles similarly configured and have similar options to dealers based on any other allocation system, program, policy, or criteria, except for those allocated in new sub-subdivision g, and be filled from the entire allocation of all new motor vehicles that has been designated for distribution in the state.

Amends GS 20-305(14)’s requirement that any sales objectives which a manufacturer, factory branch, distributor, or distributor branch establishes for any of its franchised dealers in this State must be reasonable, and every manufacturer, factory branch, distributor, or distributor branch must allocate its products within this State in a manner that, in addition to other listed requirements, also discloses to all of its franchised dealers handling the same line-make both its system of allocation and the actual new vehicle allocation that occurred during the previous calendar month and during the previous calendar months, including, but not limited to: a complete breakdown by model, color, equipment, and other items or terms; a concise listing of same line-make dealerships broken down by same line-make dealers within each dealer's area of responsibility, district, region, and the State; and an explanation of the derivation of the allocation system, including its mathematical formula or formulae, in a clear and comprehensible form. The data provided by the manufacturer or distributor is required to reflect all new vehicles allocated to its franchised dealers in this State pursuant to a mathematical formula or on a discretionary basis. All of the allocation data that a manufacturer or distributor is required to provide to each of its same line-make dealers in this State pursuant to this sub-subdivision shall either be made available for its dealers to review online at their discretion or be provided to dealers regularly, at least on a quarterly basis, as well as promptly upon the email, online, or other written request of a dealer or in the event a manufacturer or distributor has changed its allocation formula, process, or policies. Exempts any model or series of vehicle for which a manufacturer or distributor has sold fewer than 1,000 units in this State within the previous 12 months from the minimum vehicle allocation rights of dealers under GS 20-305(14)(h) (was, GS 20-305(14)(g)). Makes organizational changes. 

Section 5

Deletes proposed amendments to GS 20-305(14a) that were in Section 5. Makes organizational changes to act to account for deleted section text.   

Further amends GS 20-305 by making it illegal for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any of those entity’s representatives to use economic coercion (as defined) to influence a dealer to participate in or comply with any program or policy sponsored, endorsed, or supported by the manufacturer or distributor, in order to sell any model, type, or series of vehicle or other products or services (prior version did not have “in order”), in addition to other listed prohibited conduct. Now specifies that for purposes of GS Chapter 20 the terms economic coercion, coerce, and attempt to coerce include the manufacturer's or distributor's use of rebates, credits, incentive payments, or other consideration that has the effect of causing a variance in the price of new motor vehicles offered to its franchised dealers located in the State or that offers participating or compliant dealers the ability to sell or receive any model, type, or series of vehicle or other products or services offered by or through the manufacturer or distributor (previously, just applied to the subdivision).

Section 6

Amends GS 20-286 by adding to the definitions that apply in Article 12, Motor Vehicle Dealers and Manufacturers Licensing Law, of GS Chapter 20, the term sell or selling, to specify that it applies to retail customers and transactions. Makes technical changes.

Section 7

Amends GS 20-305(58) by replacing references to "end user" with "retail customer." Amends GS 20-305(59) by adding requirement that the specified illegal sales to an end user occur within a five-year period subsequent to the sale or lease of the vehicle to the retail customer.   

Amends GS 20-305.2 by changing references to the end user to the retail customer. Now permits the manufacturer or distributor to, on the same terms offered to the dealer, also sell to the retail customer or activate for a fee a permanent or temporary motor vehicle accessory, option, add-on, feature, improvement, or upgrade for a motor vehicle of a line-make manufactured, imported, or distributed by the manufacturer or distributor (was just imported or distributed by the manufacturer). Makes conforming changes to also refer to the distributor in reference to the manufacturer’s obligations to certain dealers. Makes technical change. Specifies that when providing a new motor vehicle to a dealer for offer or sale to the public, it is unlawful for the manufacturer or distributor to fail to provide to the dealer a written disclosure that may be provided to a potential buyer of the new motor vehicle of each accessory or function of the vehicle that may be initiated, updated, changed, or maintained by the manufacturer or distributor through over the air or remote means, and the charge to the customer for initiation, update, change, or maintenance. Specifies that a manufacturer or distributor may comply with this subdivision by notifying the dealer that the information is available  on a website or by other digital means.

Section 8

Amends GS 20-305.1, which allows the retail rate a motor vehicle dealer customarily charges for parts and labor to be established at the dealer’s election by submitting to the manufacturer or distributor 100 sequential non-warranty customer-paid service repair orders containing warranty-like parts, or 60 consecutive days of non-warranty customer-paid service repair orders which contain warranty-like parts, whichever is less, covering repairs made no more than 180 days before the submission and declaring the average percentage markup. Amends the presumption related to the average of the parts makeup rate and the average labor rates, so that they are now both presumed to be accurate (was, reasonable). Now specifies that the presumption can be rebutted by reasonably substantiating that that the rate requested is either: (1) not supported by the submission and by declaring the accurate rate based upon the submission repair orders or (2) fraudulent.  Now provides that if the manufacturer or distributor believes the dealer's submission is fraudulent, the manufacturer or distributor may file a protest with the Commissioner not later than 30 days following the dealer's rejection of the rebuttal rate.  Makes conforming changes.

Section 9

Amends GS 20-305(30) to extend the period for manufacturers operating a program as of October 1, 1999, that varied the price charged to its franchised dealers in this State in a manner that would violate this subdivision, or had in effect a documented policy that had been conveyed to its franchised dealers in this State and that varied the price charged to its franchised dealers in this State in a manner that would violate this subdivision, it is lawful for that program or policy, including amendments to that program or policy that are consistent with the  purpose and provisions of the existing program or policy, or a program or  policy similar thereto implemented after October 1, 1999, to continue in effect as to the manufacturer's franchised dealers located in this State from June 30, 2025 to June 30, 2028.  Similarly extends the period for manufacturers operating as of June 30, 2001, from June 30, 2025, to June 30, 2028.

Intro. by B. Jones, Ross, Wray.GS 20
H 463 (2023-2024) NC FARMLAND AND MILITARY PROTECTION ACT. Filed Mar 23 2023, AN ACT TO PROHIBIT THE ACQUISITION OF AGRICULTURAL AND OTHER LANDS CRITICAL TO THE SAFETY AND SECURITY OF THE STATE BY CERTAIN FOREIGN GOVERNMENTS DESIGNATED AS ADVERSARIAL BY THE UNITED STATES DEPARTMENT OF COMMERCE.

House amendment to the 2nd edition makes the following changes.

Adds to proposed GS 64-53 that the responsibility for determining whether an individual or other entity is subject to new Article 3 rests with the adversarial foreign government and the State, and no other. Specifies that an individual or entity who is not an adversarial foreign government is not subject to civil or criminal liability for failing to determine or make inquiry as to whether an individual or other entity is an adversarial foreign government. 

Intro. by Bell, Balkcom, Zenger, Moore.GS 64
H 542 (2023-2024) HOA REVISIONS/FORECLOSURE TRUSTEE AUCTIONS. (NEW) Filed Mar 30 2023, AN ACT TO AMEND LAWS GOVERNING THE CREATION AND ENFORCEMENT OF LIENS SECURING AMOUNTS OWED TO UNIT OWNERS' ASSOCIATIONS AND HOMEOWNERS' ASSOCIATIONS, TO STRENGTHEN REQUIRED NOTICE OF DELINQUENT ASSESSMENTS GIVEN BY ASSOCIATIONS TO APPRISE OWNERS OF THE DELINQUENCY AND POTENTIAL FILING OF A CLAIM OF LIEN, TO REQUIRE ALL FINES COLLECTED BY AN ASSOCIATION TO BE REMITTED TO THE CIVIL FINES AND FORFEITURES FUND, TO EXPAND OWNERS' ACCESS TO HOA RECORDS, TO PROHIBIT ASSOCIATIONS FROM COMPENSATING A MANAGING AGENT BASED ON THE AMOUNT OF FINES COLLECTED, TO PROHIBIT ASSOCIATION REGULATION OF PARKING ON PUBLIC STREETS OR ROADS, TO PROHIBIT ASSOCIATION ENFORCEMENT OF RESTRICTIONS ON CERTAIN LESSONS GIVEN ON THE OWNER'S PROPERTY TO A GROUP OF FIVE OR FEWER PERSONS, TO ALLOW CERTIFIED COPIES OF COURT-FILED DOCUMENTS TO BE RECORDED WITHOUT MEETING CERTAIN CONFORMING REQUIREMENTS OF THE REGISTER OF DEEDS, TO ALLOW FOR CERTAIN FORECLOSURE SALES TO BE CONDUCTED AT DESIGNATED PUBLIC LOCATIONS, TO EXPAND THE TIME ALLOWED FOR A SCHEDULED FORECLOSURE SALE TO COMMENCE, AND TO ESTABLISH A PROCEDURE FOR REMOTE BIDDING AT A FORECLOSURE SALE.

House committee substitute to the 1st edition makes organizational and clarifying changes to GS 47C-3-116 (pertaining to liens imposed for sums due to condominium owners’ associations) and GS 47F-3-116 (pertaining to liens imposed due homeowners’ association in planned communities).

Intro. by Liu, Brody, Tyson, Iler.GS 47C, GS 47F
H 544 (2023-2024) LIMITED SHARK FISHING TOURNAMENT MORATORIUM. Filed Mar 30 2023, AN ACT TO MAKE IT UNLAWFUL TO TAKE SHARKS FROM THE SHORELINE AS PART OF A RECREATIONAL FISHING TOURNAMENT DURING TOURIST SEASON IN CERTAIN SOUTHEASTERN WATERS.

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

Amends proposed GS 113-192 by adding Ocean Isle Beach and Sunset Beach to the list of locations where taking a shark from the shore during a recreational tournament held between May 1 and October 31 is prohibited. 

Changes the effective date of the act so it is effective and applicable to offenses committed on or after July 1, 2023 (was, effective when the act becomes law. 

Intro. by Miller.GS 113
H 551 (2023-2024) LANDLORD-TENANT AND HOA CHANGES. Filed Apr 3 2023, AN ACT TO PROHIBIT COUNTIES AND CITIES FROM ADOPTING CERTAIN ORDINANCES, RULES, AND REGULATIONS THAT WOULD PROHIBIT LANDLORDS FROM REFUSING TO RENT TO TENANTS BECAUSE A TENANT'S LAWFUL SOURCE OF INCOME TO PAY RENT INCLUDES FUNDING FROM A FEDERAL HOUSING ASSISTANCE PROGRAM; TO REGULATE SUPPORT ANIMALS AND SERVICE ANIMALS IN RESIDENTIAL TENANCIES; TO EXPAND AUTHORIZED LITIGATION COSTS IN SUMMARY EJECTMENT MATTERS; TO MAKE CLARIFYING CHANGES TO LANDLORD-TENANT LAW; AND TO ADJUST THE APPLICABILITY OF HOMEOWNERS' ASSOCIATIONS' DECLARATION AMENDMENTS TO HOMEOWNERS.

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

Amends GS 42-14.1 (bar on local rent control regulations) by adding that the statute does not prohibit a local government from enacting ordinances or resolutions applicable to owners or operators that receive funding or financial incentives from the county or city. Makes organizational changes.

Amends GS 42-46 to specify that for the purpose of calculating the timing of a late fee that can be charged only if any rental payment is five calendar days or more late, that the first day begins the day after the rent was due.

Deletes proposed new GS 47C-2-117.1A. Amends GS 47C-2-117 to make an amendment to the declaration that prohibits or restricts the rental of a unit only enforceable against an owner who acquires title to a unit after the date the amendment takes effect.

Deletes proposed new GS 47F-2-117.1. Amends GS 47F-2-117 to make an amendment to the declaration that prohibits or restricts the rental of a lot only enforceable against an owner who acquires title to a lot after the date the amendment takes effect.

Makes the changes to GS 42-46 effective January 1, 2024, instead of when the act becomes law.

Intro. by Bradford, Hardister, K. Hall.GS 42, GS 47C, GS 47F
H 560 (2023-2024) DIAGNOSTIC IMAGING PARITY. Filed Apr 3 2023, AN ACT TO PROVIDE HEALTH COVERAGE PARITY FOR BREAST CANCER DIAGNOSTIC IMAGING.

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

Amends GS 58-3-271 to require every health benefit plan offered by an insurer in this State that provides benefits for a diagnostic or supplemental examination for breast cancer to ensure that the cost-sharing requirements applicable to a diagnostic or supplemental examination for breast cancer are no less favorable than the cost-sharing requirements applicable to low-dose screening mammography for breast cancer (was, cost-sharing requirements applicable to a screening examination for breast cancer). Makes a clarifying change.

Intro. by Belk, Carney, White, Lambeth.GS 58, GS 135
H 565 (2023-2024) STUDY VOLUNTEER FIREFIGHTER INCENTIVES. Filed Apr 4 2023, AN ACT TO ESTABLISH A STUDY COMMITTEE TO STUDY WAYS TO INCENTIVIZE THE RECRUITMENT AND RETENTION OF VOLUNTEER FIREFIGHTERS.

House committee substitute to the 1st edition deletes the provisions of the previous edition and replaces it with the following. Sets out the membership of an eight-member committee, chaired by the Commissioner of the Department of Insurance, that will study and make recommendations on ways to incentivize the recruitment and retention of volunteer firefighters. Requires a report to the 2024 Regular Session of the 2023 General Assembly upon its convening. Makes conforming changes to the act's long title.

Intro. by Lowery, Brisson, Crutchfield, Strickland.STUDY
H 647 (2023-2024) EXPEDITE CHILD PERMANENCY. Filed Apr 17 2023, AN ACT TO AMEND VARIOUS ABUSE, NEGLECT, AND DEPENDENCY LAWS TO EXPEDITE PERMANENCY.

House committee substitute to the 1st edition makes changes to GS 7B-903(a5) (dispositional alternatives for abused, neglected, or dependent juveniles) to clarify that once certain juveniles have resided with a foster parent for at least nine months, the foster parent is determined to be nonrelative kin for purposes of the section (was, subsection).  

Intro. by Stevens.GS 7B
H 661 (2023-2024) EMERGENCY SERVICES PEER COUNSELING PRIVILEGE. Filed Apr 17 2023, AN ACT TO EXPAND THE SCOPE OF VARIOUS PEER SUPPORT GROUP COUNSELOR PROVISIONS.

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

Further amends the definition of peer counselor set forth in GS 8-53.10 (pertaining to peer support group counselors) to also include certain employees of a corrections agency who, in addition to existing requirements, is designated to provide counseling. Makes conforming changes throughout the statute to include corrections officers and employees. Defines corrections employee as any corrections employee or a member of his or her immediate family who is in need of and receives peer counseling services offered by the employee's corrections agency.

Intro. by Winslow, Crutchfield, N. Jackson, Pike.GS 8
H 684 (2023-2024) PRESCRIPTION EYE DROP EARLY REFILL COVERAGE. Filed Apr 18 2023, AN ACT TO REQUIRE HEALTH BENEFIT PLANS THAT PROVIDE COVERAGE FOR PRESCRIPTION EYE DROPS TO ALSO PROVIDE COVERAGE FOR EARLY REFILLS.

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

Amends proposed GS 58-3-295 by amending the second condition that must be met before a health benefit insurance plan that provides coverage for prescription eye drops cannot deny coverage for a refill of an eye drop prescription to require that the refill requested by the insured would not exceed the limit, if any, on the number of refills for that prescription that the prescribing health care provider indicated on the original prescription (was, the prescribing health care provider indicates on the original prescription that the patient needs additional quantities of eye drops, and the insured patient’s request for a refill of eye drops does not exceed the number of additional quantities needed).

Intro. by K. Baker, Reeder, Crawford, White.GS 58
H 696 (2023-2024) VIOLENT OFFENSE/NO CONTACT ORDER. Filed Apr 18 2023, AN ACT TO ALLOW A JUDGE TO ISSUE A PERMANENT NO CONTACT ORDER AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES.

House committee substitute to the 1st edition makes the following changes. Amends GS 15A-1340.50 to delete Class A1 misdemeanors including assault as an essential element of the offense as one of the listed violent offenses that would trigger availability of relief under GS 15A-1340.50. 

 

Intro. by D. Hall, Lowery, Greene, Ward.GS 15A
H 696 (2023-2024) VIOLENT OFFENSE/NO CONTACT ORDER. Filed Apr 18 2023, AN ACT TO ALLOW A JUDGE TO ISSUE A PERMANENT NO CONTACT ORDER AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES.

House amendment to the 2nd edition makes the following change. Allows a permanent no contact order issued under GS 15A-1340.50 to be extended to the immediate family of the victim of a violent crime, in addition to the victim.  

Intro. by D. Hall, Lowery, Greene, Ward.GS 15A
H 719 (2023-2024) SBI EMERGENCY PEN REGISTER/TRAP AND TRACE. Filed Apr 18 2023, AN ACT TO ALLOW THE SBI TO USE A PEN REGISTER OR TRAP AND TRACE DEVICE IN EMERGENCY SITUATIONS.

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

Amends GS 15A-264 to prohibit a cause of action against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified person for providing information, facilities, or assistance in accordance with a request made under new GS 15A-265 (emergency warrantless use of pen register or trap and trace device). Also makes a good faith reliance on a request made under GS 15A-265 a complete defense against any civil or criminal action. 

Intro. by Greene, Carson Smith, Miller, Ward.GS 15A
H 748 (2023-2024) CHILD ABUSE AND OTHER CRIMINAL LAW CHANGES. (NEW) Filed Apr 18 2023, AN ACT TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON PROVIDING CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE TO COMMIT OR ALLOW THE COMMISSION OF A SEXUAL ACT UPON THE CHILD, TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON PROVIDING CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE TO INTENTIONALLY AND ROUTINELY INFLICT PHYSICAL INJURY ON THAT CHILD, TO MAKE A TECHNICAL CHANGE; TO CLARIFY CERTAIN REGISTRATION PROCESSES OF THE NORTH CAROLINA SEX OFFENSE REGISTRY, TO REMOVE TIME CONSTRAINTS FOR COMMUNICATIONS BETWEEN CRIME VICTIMS AND LAW ENFORCEMENT AGENCIES, TO EXPAND RENTAL PROTECTIONS FOR CERTAIN CRIME VICTIMS, TO CREATE A PRIVILEGE FOR CERTAIN COMMUNICATIONS WITH VICTIM ASSISTANCE CENTERS, TO ALLOW MAGISTRATE EX PARTE ORDERS TO BE EXTENDED IN DURATION UPON THE APPROVAL OF A DISTRICT COURT JUDGE; AND TO CREATE NEW CRIMINAL OFFENSES FOR EXPOSING A CHILD TO A CONTROLLED SUBSTANCE.

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

Amends GS 14-381.4 to make it a Class B2 felony for a parent or any other person providing care to, or supervision of, a child less than 16 years of age who, for the purpose of causing fear, emotional injury, or deriving sexual gratification, intentionally and routinely inflicts physical injury on that child and (was, or) deprives that child of necessary food, clothing, shelter, or proper physical care. 

Intro. by D. Hall, Potts, Riddell, Crutchfield.GS 14
H 807 (2023-2024) MODIFY FIREARMS RETRIEVAL PROCESS IN DV CASES. Filed Apr 18 2023, AN ACT TO MODIFY AND CLARIFY PROVISIONS RELATED TO THE RETRIEVAL OF FIREARMS, AMMUNITION, AND PERMITS SURRENDERED PURSUANT TO AN EX PARTE, EMERGENCY, OR PERMANENT DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO PROTECT MINOR VICTIMS OF AND WITNESSES TO CRIME.

House committee substitute to the 1st edition deletes the provisions of the 1st edition and replaces it with the following. 

Amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions) to remove permits to purchase firearms from the list of items such as firearms and permits to carry concealed firearms that a court must order a defendant to surrender when entering an order in subsection (a). Also removes permits to purchase firearms from the list of items that the court must inquire about ownership or access to when holding an ex parte or emergency hearing under subsection (b) and a 10-day hearing required by subsection (c). Removes permits to purchase firearms from the list of items that must be immediately surrendered to a sheriff upon service of an ex parte or emergency order under subsection (d). Amends subsection (i) to remove permits to purchase firearms from the list of items it is unlawful for a person subject to a protective order to possess. Amends subsection (j) to likewise remove permits to purchase firearms from the list of items which are unlawful to possess when subject to a protective order under the chapter. 

Amends subsection (e) to allow a defendant to obtain any weapons surrendered under the section without a further court order if (1) the court doesn’t enter a protective order when the ex parte or emergency order expires, or (2) the protective order is denied by the court after a hearing. Requires the sheriff to run a background check on the defendant to ensure that they are not prohibited from possessing firearms before releasing the surrendered firearms. 

Amends subsection (g) to allow third parties who own items surrendered to a sheriff under a protective order to file a motion for their return at any time prior to their disposal under subsection (h) (was, motion must be filed within 30 days after seizure). Amends subsection (h) to include references to third-party owners and provide a time period for filing a motion to request return before disposal. 

Amends GS 132-1.4(c)(4) to remove from being public records the contents of a 911 or other emergency call where the caller is less than 18 years of age, and makes clarifying changes to the subsection. 

The changes to GS 50B are effective when the act becomes law and apply to firearms, ammunition, and permits surrendered on or after that date. Beginning 60 days after the act becomes law, applies to firearms, ammunition, and permits surrendered before the date the act becomes law.

Amends the act's long title.

 

Intro. by Carson Smith, Ward.GS 50B, GS 132
H 814 (2023-2024) EMERGENCY MANAGEMENT MODS. Filed Apr 18 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE EMERGENCY MANAGEMENT ACT AND OTHER PROVISIONS GOVERNING EMERGENCY MANAGEMENT, AS RECOMMENDED BY THE DIVISION OF EMERGENCY MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY.

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

Amends proposed GS 166A-19.14A to allow the Division of Emergency Management (Division) to use the list of subscribers to the NC Flood Inundation mapping and Alert Network for the purpose for which the individual subscribed (was, the purpose for which the Division was subscribed to).

Also requires the funds appropriated to the Division in the Committee Report described in Section 43.2 of SL 2021-180 for Asset Tracking and Management-UNC to be used instead for funding for licenses and payment of vendor fees for personnel and equipment tracking and management capabilities. 

Amends GS 166A-69 to make the following changes to the membership of the North Carolina Search and Rescue Team Advisory Committee. Requires one member, and the chairperson, to be the Director of the Division or the Director's designee (was, the Director or Deputy Director). Adds a program representative from helicopter rescue, swiftwater rescue, mountain rescue, and wilderness search and rescue (was, a representative of the North Carolina Helicopter Aquatic Rescue Team).

Intro. by Pless.GS 102, GS 153A, GS 166A
H 865 (2023-2024) EXTEND MEAT PROCESSING GRANT PROGRAM. Filed Apr 25 2023, AN ACT TO RENEW AND PROVIDE ADDITIONAL FUNDS FOR THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES' INCREASING MEAT PRODUCTION, EFFICIENCY, AND CAPACITY GRANT PROGRAM.

Contains findings regarding the need for financial assistance to support processors of fresh meat and seafood as a result of the COVID-19 pandemic’s impact on the food supply chain. 

Appropriates $25 million to the Department of Agriculture for each year of teh 2023-25 biennium from the General Fund to provide grants to meat and seafood processors. Provides limitations on the use of funds, including a limitation on providing more than $2 million to supplement grants previously awarded, and no more than 3% of the total funds for technical and administrative support. 

Directs the Department of Agriculture to develop policies for the disbursement of grants and provides minimum standards for the three categories of grants: capacity enhancement grants, workforce development grants, and planning grants. Defines eligible facilities for grants. Outlines prioritization for the grants, cost-sharing requirements, and clawback provisions. 

Effective July 1, 2023. 

 

Intro. by Crutchfield.UNCODIFIED
H 866 (2023-2024) EARNED WAGE ACCESS SERVICES. Filed Apr 25 2023, AN ACT TO ALLOW THE PROVISION OF EARNED WAGE ACCESS SERVICES.

Creates new Article 26 (Earned Wage Access Services) in GS Chapter 53, regulating businesses that provide access to earned income or wages that have not yet been paid to the employee. Provides definitions for the Article. Requires all providers of earned wage access services to register with the Commissioner of Banks (Commissioner). Requires the Commissioner to adopt regulations regarding registration and applicable fees. 

Establishes requirements on providers of earned wage access services, including the requirement that all payments be on a non-recourse basis, and that the provider must inform the consumer of all fees associated with the service. Prohibits providers from taking certain actions against consumers, including charging late fees, reporting failed repayments to credit reporting agencies and debt collectors, and disclosing information about the consumer to a third party except as necessary to provide services. 

Requires annual reporting by providers to the Commissioner, and establishes requirements for the annual reports. Permits the Commissioner to examine providers as necessary to confirm compliance, and requires providers to reimburse the reasonable costs and expenses of an examination. 

Makes all information obtained by the Commissioner under the Article confidential, but permits sharing of confidential information with other governmental agencies and the Conference of State Bank Supervisors pursuant to agreement. 

Permits the Commissioner to adopt rules as necessary to enforce the Article. Allows an appeal from any rule or order issued by the Commissioner to the State Banking Commission. 

Provides for penalties and enforcement for violations of the Article. Makes violations an unfair or deceptive trade practice. Establishes that a registered provider under the Article has consented to the jurisdiction of North Carolina courts and has appointed the Secretary of State as agent for accepting service of process for an action under the Article. Allows the Commissioner to serve a provider by mailing certified mail to the last known address on file with the Commissioner. 

Effective October 1, 2024. 

 

Intro. by Wray.GS 53
H 869 (2023-2024) ENHANCE STATE FIRE PROTECTION GRANT FUND. Filed Apr 25 2023, AN ACT TO PROVIDE FURTHER FUNDING AND OTHER ENHANCEMENTS TO THE STATE FIRE PROTECTION GRANT FUND.

Amends GS 58-85A-1 to increase the intended annual appropriation to the State Fire Protection Grant Fund from $4.18 million to $15 million from the General Fund, and from $1.345 million to $2.5 million from the University of North Carolina receipts. Permits the Department of Insurance to reserve up to 10% of the funds received from the General Fund to compensate local fire districts and political subdivisions for providing local fire protection to State-owned property under construction or first occupied during the fiscal year of the appropriation. Allows allocation of $1.155 million of the funds received from the University of North Carolina receipts to fire protection of buildings owned by nonprofit corporations or foundations sited on state property through a ground lease with constituent institutions of the university system. 

Provides for the reduction of appropriations from the University of North Carolina receipts if the amount appropriated from the General Fund is below $15 million in any fiscal year. Directs the allocation of $250,000 a year for state lands emergency response, and requires the Department of Insurance to adopt rules regarding reimbursement requests for emergency responses. 

Appropriates $11,222,487 in recurring funds for 2023-24 to the Department of Insurance from the General Fund for the State Fire Protection Grant Fund. Increases the amount of University of North Carolina receipts allocated to the State Fire Protection Grant Fund by $1.155 million in recurring funds. 

Effective July 1, 2023. 

 

Intro. by Blackwell, Clampitt.APPROP
H 873 (2023-2024) MODERNIZE INCOME TAX OF TRUSTS AND ESTATES. Filed Apr 25 2023, AN ACT TO MODERNIZE INCOME TAXATION OF TRUSTS AND ESTATES.

Amends GS 105-160.2 (Imposition of tax) creating new subsection (a) from existing language. Specifies the tax imposed on estates and trusts under the section is imposed for each taxable year. Makes the rate of tax levied under the section the rate provided in GS 105-153.7 (Individual income tax imposed). Requires the fiduciary responsible for the estate or trust to pay the tax. 

Creates new subsection (b) from existing language, and specifies the state-sourced taxable income of the estate or trust including income from real or personal property in the state, and income derived from a business or occupation carried on in the state. 

Creates new subsection (c) governing the taxability of benefits received from estates when certain residency requirements apply to the decedent and beneficiary. 

Creates new subsection (d) establishing that the taxable income of a trust includes taxable income for the benefit of a resident of the state when the trust is administered in the state. 

Creates new subsection (e), taxing long-term estates open more than 50 years after the death of the decedent as a trust. 

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

 

Intro. by Bradford, Setzer, Kidwell, Wray.GS 105
H 877 (2023-2024) NCIOM STUDY/MEDICAL AID IN DYING. Filed Apr 25 2023, AN ACT DIRECTING THE NORTH CAROLINA INSTITUTE OF MEDICINE TO STUDY THE LEGALIZATION OF MEDICAL AID IN DYING IN NORTH CAROLINA; AND APPROPRIATING FUNDS FOR THIS PURPOSE.

Includes whereas clauses. Directs the NC Institute of Medicine to study legalizing "medical aid in dying" (MAID). The study will include evaluation of the 11 states that have legalized MAID, including the processes required of patients to apply for and get approved to use MAID, contributing factors for patients to seek the use of MAID, patient demographics, social and emotional impacts on family members, types of MAID medications, opt-out options for physicians, current NC options for end of life care, MAID legislation since Oregon's 1997 Death with Dignity Act, estimation of NC individuals who would use MAID, evidence of coercion, effect on healthcare operations, impact on awareness of hospice and palliative care as an alternative, motivations to use the MAID program but not opt to take the life-ending medication, and other topics as appropriate.

Directs the NC Institute of Medicine to hold a public meeting prior to submitting the study report with prior 15 days notice. All interested individuals will be heard at the meeting. By April 1, 2025, the NC Institute of Medicine will provide its report, including any proposed legislation, to the Joint Legislative Oversight Committee on Health and Human Services and the Department of Health and Human Services.

Effective July 1, 2023, appropriates $150,000 in nonrecurring funds for fiscal year 2023-24 from the General Fund to the Department of Health and Human Services for the funding of the NC Institute of Medicine study.

Intro. by Harrison, Lambeth, Faircloth, Howard.APPROP, STUDY
H 878 (2023-2024) FNS RECIPIENTS EDUCATION AND TRAINING. Filed Apr 25 2023, AN ACT TO APPROPRIATE FUNDS FOR A POSITION WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ASSIST WITH STATEWIDE NAVIGATION FOR THE FOOD AND NUTRITION SERVICES (FNS) EDUCATION AND TRAINING PROGRAM AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT TWELVE-MONTH CERTIFICATION PERIODS FOR HOUSEHOLDS ELIGIBLE TO RECEIVE A TWELVE-MONTH CERTIFICATION UNDER FEDERAL LAW.

Appropriates $43,250 in recurring funds from the General Fund to the Department of Health and Human Services (Department), Division of Child and Family Well-Being, for each year of fiscal biennium 2023-25. Appropriations provide the State's 50% match toward salary and benefits for a position to assiswith statewide navigation for the food and nutrition services education and training program (FNS E&T). Specifies that position will focus on counties with insufficient navigator staffing for their FNS E&T programs. 

Enacts GS 108A-52.1, directing the Department to implement 12-month certification periods for all households eligible under federal law. Gives the Social Service Commission authority to adopt rules for implementation.

Effective July 1, 2023.

Intro. by von Haefen, Clemmons.APPROP, GS 108A
H 879 (2023-2024) HEALTHY AND SUSTAINABLE FOOD DISTRIBUTION. Filed Apr 25 2023, AN ACT TO INCENTIVIZE HEALTHY FOOD AND TO ENCOURAGE AND SUPPORT HEALTHY AND SUSTAINABLE FOOD DISTRIBUTION SYSTEMS FOR NORTH CAROLINA FARMERS AND CONSUMERS.

Effective July 1, 2023, appropriates $10 million in nonrecurring funds for fiscal year 2023-24 from the General Fund to the Office of State Budget and Management for a grant to the nonprofit Carolina Farm Trust, which addresses food sustainability and overall health/nutrition. Authorizes funds for three things: (1) "Farm Apprentice Program": academic and career development in regional agriculture and the creation of teams that will support rural farmers in infrastructure and emergency management projects; (2) "Food and Health Program": support for community chronic health issues and general wellness, creation of relationships in partnerships with trained health care workers, affordable/accessible produce for the community, and establishment of a database to support the program; and (3) "Agriculture Distribution Platform": enable communities to maintain a strong regional food economy, build a 3,000 square foot regional kitchen with a "learning kitchen" and event space, increase the number of regional meat processing facilities, and support regional supply chains to support small farmers.

Intro. by T. Brown, Saine, Gillespie, Jeffers.APPROP
H 883 (2023-2024) ESTABLISH AAPI HERITAGE COMMISSION. Filed Apr 25 2023, AN ACT TO ESTABLISH THE ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE COMMISSION IN THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES AND TO APPROPRIATE FUNDS TO SUPPORT THE COMMISSION.

Amends Article 2 of Chapter 143B by adding new Part 30B. Creates the Asian American Pacific Islander Heritage Commission (Commission) within the NC Department of Natural and Cultural Resources for historical, art, and cultural purposes. Sets the duties of the Commission to include an advisory role to the Secretary of the Department, responsibilities relating to promotion of public awareness of relevant programs/materials, support of elementary and secondary school education, creation of a statewide group dedicated to the overall mission, and creation of a preservation program to manage relevant cultural materials, with direction from the Secretary.

Establishes that the Commission will have nine members, serving staggered terms, and the first board will be selected on or before October 1, 2023. Requires the Governor to appoint four members, two serving three year terms, one serving a two year term, and one serving a one year term. At least one of these appointed members will be a member of the NC Historical Commission. Requires the General Assembly to appoint two members by the recommendation of the Senate President Pro Tempore, one serving a three year term and one serving a two year term. Requires the General Assembly to appoint two members by the recommendation of the Speaker of the House of Representatives, one serving a two year term and one serving a one year term. Requires the Secretary to appoint one member who will serve a three year term. Upon term expiration of these first members, each member is appointed for three years until a successor is appointed.

Addresses procedures for vacancies, stating positions will be filled the same way as original appointments except for unexpired appointments by the General Assembly, which will be filled according to GS 120-122. Addresses removal for neglect of duty, incompetence, or unprofessional conduct.

The Governor selects the chair of the Commission, and the Commission selects a vice-chair and other officers. Commission members receive no salary, but will receive compensation for expenses incurred in their duties, according to GS 120-3.1, GS 138-5, and GS 138-6.

Appropriates $250,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to the NC Department of Natural and Cultural Resources, supporting the operations of the Asian American and Pacific Islander Heritage Commission, including a director, deputy director, and administrative services.

Effective July 1, 2023.

Intro. by Cervania, Liu, Willis, Goodwin.APPROP, GS 143B
H 884 (2023-2024) LANDLORD-TENANT ASSISTANCE PILOT/FUNDS. Filed Apr 25 2023, AN ACT TO APPROPRIATE FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH AND ADMINISTER A LANDLORD-TENANT ASSISTANCE PILOT PROGRAM.

Appropriates $10 million in nonrecurring funds for fiscal year 2023-24 from the General Fund to the Department of Health and Human Services for a three year landlord-tenant assistance pilot program. Directs that 5% of funds will go toward administrative duties. Sets the mission of the program, stating that the program will provide funds to landlords for two years of rentersinsurance and security deposit and the landlord will waive tenant credit checks. Sets the maximum assistance per unit at $5,000.

Requires renters' insurance funds be returned to the Department if the tenant is evicted in the first year of the pilot program under GS Chapter 42.

Limits landlord applications to be capped at 10% of the total units owned or available for rent each year. Limits eligibility of tenants to those with household incomes below 80% of the area median. 

Directs the Department to submit an annual progress report of the program to the Joint Legislative Oversight Committee on Health and Human Services by December 31, and the final report by December 31, 2026.

Effective July 1 2023. 

Intro. by Alston.APPROP
H 886 (2023-2024) VEHICLE HEADLIGHT BRIGHTNESS. Filed Apr 25 2023, AN ACT TO AMEND THE MOTOR VEHICLE LAWS OF THE STATE GOVERNING HEADLIGHT BRIGHTNESS.

Amends GS 20-131, limiting headlight brightness to align with the federal standards in 49 CFR 571.108 (Standard No. 108), and sets a $25 fine for violators. Amends GS 20-181, which addresses the required dimming of headlights, increasing from $10 to $25 the fine for violators. Effective December 1, 2023. Applies to offenses committed on or after December 1, 2023.

Directs $50,000 in nonrecurring funds from the appropriated funds from the Highway Fund to the Department of Transportation for fiscal year 2023-2024) for a public awareness campaign about headlight brightness. Effective July 1, 2023.

Intro. by John, Autry, Prather, Logan.APPROP, GS 20
H 888 (2023-2024) REMOVE BARRIERS TO EMPLOYMENT FROM COURT DEBT. Filed Apr 25 2023, AN ACT TO REMOVE BARRIERS TO EMPLOYMENT DUE TO COURT DEBT AND TO APPROPRIATE FUNDS TO IMPLEMENT A TEXT REMINDER SYSTEM FOR COURT DATES.

Eliminates the system of suspending a person’s drivers license for failure to pay a fine or penalty, or failure to appear at court, by repealing GS 20-24.1 (Revocation for failure to appear or pay fine, penalty or costs for motor vehicle offenses) and GS 20-24.2 (Court to report failure to appear or pay fine, penalty or costs). Amends subsection (a) of GS 15A-1116(a) to remove a reference to the reporting requirements in GS 20-24.2. 

Creates new GS 20-24.3, prohibiting the revocation of a drivers license for failing to appear at trial or failure to pay a fine, penalty, or court cost ordered by a court. Requires the Division of Motor Vehicles (DMV) to terminate all suspensions of drivers licenses pursuant to GS 20-24.1 or GS 20-24.2 within three months of the effective date, and to reinstate the license with no action required on the part of the license holder. Requires the DMV to provide notice to every holder of a license with a terminated suspension of the legal consequences of failing to appear or pay fines. 

Requires the DMV to collect data and publish a report by October 1, 2024, showing the number of suspensions terminated, along with information related to the persons subject to suspension, fees waived, and other specified information.

Creates new GS 20-24.4, requiring the Administrative Office of the Courts to collect data and publish a report annually, beginning March 31, 2024, outlining data related to compliance and appearance rates for the adjudication of motor vehicle offenses. Specifies the minimum required information for the report. 

Amends GS 20-28 to create new subsection (a4), which as of October 1, 2023, forgives any unpaid fines and fees assessed for driving while license revoked if the only underlying justification for the revocation of the license was pursuant to GS 20-24.1. 

Makes conforming amendments to GS 20-13.2(e), GS 20-19(k), GS 20-28.1(a), GS 20-217(g2), and GS 110-142.2(f). 

Directs the Administrative Office of the Courts to use $250,000 of funds appropriated in 2023-24 to implement a text reminder system of upcoming court appearances. 

Effective October 1, 2023. 

 

Intro. by Saine, Clemmons, Chesser, John.GS 20, GS 110
H 890 (2023-2024) AG COST-SHARE FUNDS/FRENCH BROAD. Filed Apr 25 2023, AN ACT TO SUPPORT LIVESTOCK FARMERS IN THE FRENCH BROAD RIVER BASIN.

Sets out NCGA findings addressing the financials of the Agricultural Cost Share Program managed by local Soil and Water Conservation Districts, specifically related to bacterial contamination of and sedimentation in the Upper French Broad River (River). Creates a pilot program to help farmers reduce the impact of livestock and resulting bacterial contamination and sedimentation impacts on the River.

Appropriates $2 million in nonrecurring funds for 2023-24 fiscal year from the General Fund to the Agriculture Cost Share Program for Nonpoint Source Pollution Control (established in GS Chapter 106, Article 72). Cost share assistance goes to farmers located in the watershed of the River in Transylvania, Henderson, Buncombe, and Madison counties. Funds will be used for fences, alternative livestocwatering systems, pasture management, and other measures the local Soil and Water Protection District finds appropriate to keep livestock out of the River and waterways draining into it. Sets requirements and eligibility as related to GS 106-850(b) and GS 106-850(b)(5). Requires applicants to demonstrate measures they seek funding for will mitigate or prevent impacts from livestock. Effective July 1, 2023. 

Intro. by Ager, Rudow, Prather.UNCODIFIED

The Daily Bulletin: 2023-04-26

PUBLIC/SENATE BILLS
S 318 (2023-2024) NATIVE PLANTS ACT. Filed Mar 15 2023, AN ACT TO REQUIRE THE USE OF PLANTS AND SEEDS NATIVE TO THE SOUTHEASTERN UNITED STATES, WITH A STRONG PREFERENCE FOR PLANTS NATIVE TO NORTH CAROLINA, IN STATE PARKS AND ON STATE HIGHWAYS.

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

Removes a whereas clause.

Amends proposed changes to GS 143-341 which required the Department of Administration, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to use seeds and plants classified as native to the State on all land owned or leased by the State or a State agency.

Enacts new GS 143B-135.59 requiring the Department of Natural and Cultural Resources, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to require the use of seeds and plants the US Department of Agriculture has classified as native to a state or county in the Southeastern US with a strong preference for plants the US Department of Agriculture has classified as native to North Carolina, on all lands that are part of the State Parks System. Exempts: (1) nonnative seeds and plants used in landscaping for locations where the primary purpose is crop cultivation, crop and horticulture research, science, botanical gardens, plantings for wildlife by the Wildlife Resources Commission, and zoos and (2) nonnative turf grass. Defines the Southeastern US as Alabama, Georgia, North Carolina, South Carolina, Tennessee, Virginia, and the following counties in Florida: Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington.

Further amends GS 136-18(9) to now require the Department of Transportation to use seeds and plants the US Department of Agriculture has classified as native to a state or county in the Southeastern US with a strong preference for plants the US Department of Agriculture has classified as native to North Carolina, (was, use seeds and plants classified as native to the State) in the highway right-of-way in the promotion of erosion control, landscaping, and general protection of the highways. Adds to the exceptions to allow DOT to use nonnative plants for soil and slope stabilization, and to use nonnative turf grasses. 

Deletes proposed changes to GS 136-41.3 that required cities and towns to use seeds and plants classified as native to North Carolina when the use of Powell Bill funds includes landscaping. Deletes the proposed changes to GS 143B-135.56 that required the NC Parks and Recreation Authority to require projects awarded matching funds from the Parks and Recreation Trust Fund for local park and recreation purposes, to use seeds and plants classified as native to the State. 

Changes the act's long title.

Intro. by Rabon.GS 136, GS 143, GS 143B
S 364 (2023-2024) NONDISCRIMIN & DIGNITY IN STATE WORK. (NEW) Filed Mar 23 2023, AN ACT TO AMEND THE STATE HUMAN RESOURCES ACT TO PROHIBIT COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT OR COMMUNITY COLLEGE EMPLOYMENT, TO DEMONSTRATE THE GENERAL ASSEMBLY'S INTENT THAT STATE AND COMMUNITY COLLEGE EMPLOYEES RECOGNIZE THE EQUALITY AND RIGHTS OF ALL PERSONS, AND TO PROHIBIT STATE GOVERNMENT AND COMMUNITY COLLEGE WORKPLACES FROM PROMOTING CERTAIN CONCEPTS THAT ARE CONTRARY TO THAT INTENT.

Senate committee substitute to the 1st edition makes the following changes. Amends new GS 126-14.5 to specify that GS 126-14.5(a) directing State employers to refrain from soliciting or requiring an applicant to endorse or opine about matters relating to contemporary political or social action as a condition of employment does not infringe upon the ability of an applicant to voluntarily opine or speak about any matter (previously, just specified this subsection). Prohibits any application for employment from inquiring into matters prohibited as compelled speech under GS 126-14.5 (was, under the specified subsection). Makes organizational changes. Amends GS 126-5(c19) to only have GS 126-14.5 to apply to all nonexempt State employees in the executive branch (was, nonexempt and exempt employees in the executive, legislative, and judicial branches).

Enacts GS 126-14.6, titled ensuring dignity and nondiscrimination in State government workplaces. Finds that Article I, Section 1 of the Constitution of this State recognizes the equality and rights of all persons. Specifies the intent of the General Assembly that State employees respect the dignity of others, acknowledge the right of others to express differing opinions, and the right to freedom of speech and association and that State agencies employ training methods and procedures to further that intent. Lists the following 13 concepts that cannot be promoted in State government workplaces or included as part of any State employee training program:

  • One race or sex is inherently superior to another race or sex.
  • An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive.
  • An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.
  • An individual's moral character is necessarily determined by his or her race or sex.
  • An individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
  • Any individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress.
  • A meritocracy is inherently racist or sexist.
  • The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.
  • The United States government should be violently overthrown.
  • Particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the individual's race or sex.
  • The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups.
  • All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness.
  • Governments should deny to any person within the government's jurisdiction the equal protection of the law.  

Specifies that nothing in GS 126-14.6 prevents a private contractor who provides training to State employees from responding to questions that are raised by participants in the training and which pertain to the concepts listed above. Specifies that the private contractor must make it clear that the State government employer does not endorse those concepts. Clarifies that GS 126-14.6 does not apply to speech protected by the First Amendment of the US Constitution. Amends GS 126-5 to specify that GS 126-14.6 applies to all nonexempt State employees in the executive branch.

Adds severability clause.  

Makes conforming changes to act’s long and short titles.

Intro. by Daniel, Johnson, Overcash.GS 126
S 406 (2023-2024) CHOOSE YOUR SCHOOL, CHOOSE YOUR FUTURE. Filed Mar 29 2023, AN ACT TO EXPAND ELIGIBILITY FOR OPPORTUNITY SCHOLARSHIPS, TO REQUIRE A SEQUENCE OF COURSES FOR EARLY HIGH SCHOOL GRADUATION, AND TO ESTABLISH THE EARLY GRADUATE SCHOLARSHIP PROGRAM.

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

Part I.

Amends GS 115C-562.2 to make the changes to the amounts of the scholarships applicable beginning with the 2024-25 school year (was, beginning with the 2023-24 school year). Makes conforming changes in Section 1(f) of the act by no longer referring to the 2023-24 school year.

Amends GS 115C-562.8 by changing the name of the Opportunity Scholarship Grant Fund back to the original name of Opportunity Scholarship Grant Fund Reserve and makes conforming changes. Increases the proposed increases the amounts that are to be appropriated from the General Fund to the Grant Fund for fiscal years 2025-26 and thereafter. 

Deletes Section 1(g) of the act which set out requirements for the use and transfer of funds and use of funds in the Opportunity Scholarship Grant Fund. Removes the appropriations to the Opportunity Scholarship Grant Fund and replaces it with the following. Appropriates from the General Fund to the Opportunity Scholarship Grant Fund Reserve: (1) $87 million for 2023-24 and (2) $163 million for 2024-25.

Intro. by Lee, Barnes, Galey.GS 115C, GS 116
S 425 (2023-2024) MEDICAID AGENCY OMNIBUS.-AB Filed Mar 29 2023, AN ACT TO UPDATE LAWS PERTAINING TO MEDICAID AND BEHAVIORAL HEALTH.

Senate committee substitute to the 1st edition is to be summarized. 

Intro. by Krawiec, Burgin, Corbin.GS 58, GS 108A, GS 108D, GS 122C, GS 126, GS 150B
S 438 (2023-2024) NCORR ADMINISTRATIVE MODIFICATIONS. Filed Mar 30 2023, AN ACT TO ESTABLISH PROCUREMENT PROCEDURES FOR CONSTRUCTION PROJECTS FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM, TO PROTECT HOMEOWNERS FROM AN INCREASE IN PROPERTY TAX LIABILITY RESULTING FROM THE REVALUATION OF REAL PROPERTY REHABILITATED USING COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDS OR HURRICANE FLORENCE DISASTER RECOVERY FUNDS BY LIMITING THE ABILITY OF ASSESSORS TO REAPPRAISE REAL PROPERTY AT HIGHER VALUES UNDER CERTAIN CIRCUMSTANCES, TO INCREASE THE INFORMAL BID THRESHOLD FOR CONTRACTS FOR CONSTRUCTION OR REPAIR WORK RELATED TO DISASTER RECOVERY UNDERTAKEN BY THE NORTH CAROLINA OFFICE OF RECOVERY AND RESILIENCY, AND TO MAKE OTHER PROGRAMMATIC CHANGES.

Senate committee substitute to the 1st edition is to be summarized. 

Intro. by Jackson, Perry, Britt.GS 105, GS 143, GS 143B, GS 160D
S 452 (2023-2024) DOI & INS LAW AMD/REVISE HS ATHLETICS (NEW). Filed Mar 30 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE INSURANCE LAWS OF NORTH CAROLINA, TO AMEND THE INSURANCE RATE-MAKING LAWS, AND TO REVISE HIGH SCHOOL INTERSCHOLASTIC ATHLETICS.

Senate committee substitute to the 2nd edition will be summarized. 

Intro. by Johnson, Craven, Britt.GS 20, GS 58
S 492 (2023-2024) ADULT CORRECTIONS/LAW ENF. CHANGES. (NEW) Filed Apr 3 2023, AN ACT TO MODIFY LAWS CONCERNING ADULT CORRECTION AND LAW ENFORCEMENT AGENCIES.

Senate committee substitute to the 1st edition makes the following changes. Changes the effective date for GS 15A-1343(b), as amended by the act, to December 1, 2023, and applies to offenses committed on or after that date (was, August 1, 2023, and applied to drug and alcohol screenings performed after that date). Now specifies that changes to GS 15A-1343, GS 15A-1368.4, and GS 15A-1374 (all pertaining to conditions of probation) are effective December 1, 2023, and apply to offenses committed after that date. Deletes proposed changes to GS 15A-1343.2 and GS 20-179. Deletes proposed new sections GS 148-18.2 (pertaining to prisoner property), GS 143-295.2 (inmate property claims against the Department of Adult Correction [DAC]), GS 143-299.5 (limited liability for claims against DAC) and amendments to GS 143-291, GS 148-118.2, GS 143-291.2, GS 143-295, and GS 143-299.1A. Changes the sunset to June 30, 2025 (was, the earlier of January 1, 2026, or the completion of the Youth Development Center in Rockingham County), for the provisions of Section 4.15, SL 2020-3, as amended, which amends the definition of security guard to include services at state prisons. 

Intro. by Britt, Daniel.GS 14, GS 15A, GS 20, GS 143B, GS 146, GS 148, GS 150B
S 607 (2023-2024) TEMPORARY SOLUTIONS PROGRAM CHANGES. Filed Apr 5 2023, AN ACT RELATING TO THE TEMPORARY SOLUTIONS PROGRAM.

Senate amendment makes the following changes to the 2nd edition. Amends GS 162-6.3 (pertaining to temporary employment needs of Cabinet and Council of State agencies) to require the Office of State Human Resources to also prohibit divisions (in addition to agencies) based on individual budget code, having an invoice more than 90 days past due and (was, or) over $200,000 to OSHR, from acquiring new temporary employees.  Amends the exception to employment bar detailed above by now specifying that failure to recruit for the class of temporary job assignments will cause severe harm to the agency's ability to provide services (was, vital services) to the public, in addition to other condition listed in the act.   Amends GS 162-6.3(a6) to specify that for any temporary employee that is not entered and monitored through the BEACON system, the agency must record the time worked by each temporary employee in the agency (was, each State agency granted an exception under this section from using the Temporary Solutions Program and any Council of State agency that elected to not use the Temporary Solutions Program shall record the time worked by each temporary employee in the agency) in specifying specific information that must be reported to OSHR.  Amends definition of intern to mean a student who, regardless of the number of credit hours enrolled, works to gain occupational experience for a period of time not to exceed at least one academic semester (was, not to exceed three months).  

Intro. by Alexander, Jarvis, Ford.GS 126
S 617 (2023-2024) ATV SAFETY COURSE WARNING LABEL EXCEPTION. Filed Apr 5 2023, AN ACT TO AMEND THE MOTOR VEHICLE LAWS OF THE STATE TO AUTHORIZE AN EXCEPTION TO THE AGE RESTRICTION WARNING LABEL FOR ALL-TERRAIN VEHICLES AND TO DIRECT THE COMMISSIONER OF INSURANCE TO RESEARCH, APPROVE, AND REPORT ON AN ALL-TERRAIN VEHICLE SAFETY COURSE.

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

Further amends GS 20-171.15 addressing the minimum age for operating all-terrain vehicles (ATVs) that have Age Restriction Warning Labels nationally required and affixed to the vehicle by the manufacturer by amending an exclusion for when an instructor determines that the weight or height of the underage person requires the use of the vehicle that does not comply with the Age Restriction Warning Label, by also requiring the person to have completed an all-terrain vehicle safety course and received a safety certificate that indicates successful completion of the safety training course and the type of all-terrain vehicle used and approved for use by the safety course instructor.

Adds the requirement that the Commissioner of Insurance research and approve an all-terrain vehicle safety course and submit a report on its findings and the approved all-terrain vehicle safety course to the NCGA and the chairs of the specified committee within six months of the act's effective date.

Amends the act's long title.

Intro. by Jarvis, Johnson.GS 20
S 625 (2023-2024) CHILD WELFARE, SAFETY AND PERMANENCY REFORMS. Filed Apr 5 2023, AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING JUVENILES AND ASSOCIATED SERVICES.

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

Section 1

Revises the definition of abused juvenile set forth in GS 7B-101, applicable to Subchapter I, Abuse, Neglect, Dependency. Now includes any juvenile less than 18 who is found to be a minor victim of unlawful sale, surrender, or purchase of a minor under GS 14-43.14 (previously, included in the list of offenses that if committed by a parent, guardian, custodian, or caretaker of a juvenile under 18, deemed the juvenile an abused juvenile). Changes the statutory violations listed for which a parent, guardian, custodian, or caretaker of a juvenile under 18, the commission of which deems the juvenile abused pursuant to the definition of an abused juvenile. Now includes sexually violent offenses as defined in GS 14-208.6(5), applicable to the Sex Offender and Public Protection Registration Programs (replacing individually listed GS Chapter 14 sexual offenses previously listed). Eliminates prosecutor as a defined term. Makes a technical change to the new defined term legal counsel for the department. 

Section 2

Amends GS 7B-302(g) to provide for a person who reports alleged abuse, neglect, or dependency to request for the Department of Health and Human Services to review a county department of social services director's decision regarding any finding of abuse, neglect, or dependency, whether any protective action is being taken, and whether the report was filed as a petition (previously, permitted review by the appropriate prosecutor).

Further amends GS 7B-403, providing that a director's decision not to file a report alleging abuse, neglect, or dependency as a petition must be reviewed by DHHS (was, the prosecutor), if requested pursuant to GS 7B-305.

Section 4

Further amends GS 7B-401.1 to authorize the court to discharge a guardian, custodian, or caretaker as a party to the proceeding, after an adjudication of a juvenile as abused, neglected, or dependent, if the court finds that the person's continuation as a party is not necessary to meet the juvenile's needs and is in the best interest of the juvenile (previously, did not specify that removal is limited to after the adjudication, and provided for the court finding that the person does not have a legal right that can be affected by the action and that their continuation as a party is not necessary to meet the juvenile's needs).

Sections 5

Amends GS 7B-502 to require counties to have a judge or delegated magistrate available at all times with whom the department may request nonsecure custody of a juvenile (was, can file a juvenile petition in order to seek nonsecure custody of a juvenile). 

Section 7 

Amends GS 7B-508, by requiring written orders made pursuant to telephonic communication to include the signature and title of the clerk or magistrate who accepted the petition for filing (was, of the judicial official entering the order).

Section 9

Amends GS 7B-602 by providing that for an unemancipated minor parent, a GS 1A-1, Rule 17, guardian ad litem may be appointed when the parent is incompetent but must not be appointed solely based on the parent being under age 18 (was, only that a parent cannot be found incompetent solely due to the parent being an unemancipated minor).

Amends proposed GS 7B-604 by limiting who is required to undergo the required training to attorneys representing the county department of social services as legal counsel for the department in Subchapter I (Abuse, Neglect, Dependency) proceedings.

Section 11

Amends GS 7B-903.2 to specify that DHHS, as supervising principal of the local county department of social services, must be provided the opportunity to be heard in any hearing (was, heard) on any motion filed under (c). Requires the motion to be heard within five business days of when the motion is served or the next scheduled juvenile court session, whichever is later (was, within five business days of filing). 

Section 12

Amends GS 7B-906.1 to require before an order removing a juvenile can be made that there is a court finding after the completion of the initial disposition or the prior review hearing that one of the specified conditions exits (was, one of the conditions must have occurred but did not require a court finding). Makes a clarifying change. Amends (k) to refer to planning hearings instead of planning review hearings.

Amends GS 7B-906.2 to require, instead of the court being required to hold a hearing to review the change of placement within 10 days of the motion being filed, that the motion request that the hearing be held within 30 days. Also requires at the hearing that the caretaker be given the opportunity to present evidence, cross-examine witnesses, and be represented by an attorney at their own expense, in addition to having the opportunity to address the court. Makes additional clarifying and organizational changes. 

Section 14

Amends GS 48-3-601 by making clarifying changes.

Section 15

Amends GS 112C-142.2 to clarify that the director must contact the appropriate LME/MCO or PHP as soon as practicable, not later than 24 hours of the start of the juvenile's stay (was, no later than 24 hours of the stay) in the hospital to request an assessment. Amends the time within which the LME/MCO or PHP must arrange for the assessment to within 72 (was, 48 hours) following notification from the director. Adds the county department of social services to those entities with whom a Rapid Response Team must develop a plan regarding the steps need to meet a juvenile's treatment needs.

Section 16

Amends GS 108A-74 (concerning requirement for counties and regional social services departments to annually enter into written agreement for all social service programs other than medical assistance and related corrective actions) by adding that a director's failure to comply with the directive of the DHHS made under the statute is contrary to the director's duties and responsibilities and falls outside the scope of the county department's agency relationship with DHHS.

Section 17

Amends GS 48-1-101 by amending the definition of post-adoption contract agreement and order to specify that it is a voluntary mediated agreement (was, voluntary agreement). 

Removes the proposed changes to GS 48-2-102 (transfer, stay, or dismissal of adoption proceedings) and GS 48-2-607 (adoption appeals).

Amends GS 48-2-305 to also require a petitioner for adoption to file, if applicable, a certified copy of any post-adoption contract agreement and order.

Amends GS 48-3-706 to provide that the post-adoption contract agreement and order are void if relinquishment is revoked as provided for in GS 48-3-704 (Content of relinquishment; optional provisions) or GS 48-3-706 (Revocation of relinquishments), or rescinded, set aside, or voided under GS 48-3-707 (Challenges to validity of relinquishments) or GS 7B-909(b1) (concerning circumstances under which that any relinquishment for adoption signed by a parent who has surrendered the child for adoption shall be voided).

Amends GS 48-3-708 as follows. Allows before executing a relinquishment the parent(s) of a minor adoptee who is in the custody of a county department of social services according to an order entered under Subchapter I (Abuse, Neglect, Dependency) and the prospective adoptive parent(s) to voluntarily participate in a court-approved mediation program to reach a voluntarily mediated post-adoption contract agreement. Allows the court with jurisdiction over the proceeding involving the minor under Subchapter I to make the referral to mediation. Provides that jurisdiction and venue (was, venue) for approval (was, approval and enforcement) of such agreement is before the district court with jurisdiction over the proceeding involving the minor under Subchapter I of GS Chapter 7B (was, having jurisdiction under GS Chapter 7B). Removes the provisions: (1) requiring the court to close the hearing; and (2) setting out determinations that the court must make in order to approve the voluntarily mediated agreement.

Amends the required content of the statements that must be included in the voluntarily mediated agreement as follows. Requires the agreement to be signed under oath by the parties or accompanied by an affidavit made under oath that affirmatively states that the agreement was entered into knowingly and voluntarily and is not the product of coercion, fraud, or duress; allows the affidavit to be executed jointly or separately. Requires a statement that the agreement is entered into pursuant to the provisions of GS 48-3-708. Adds that any termination of the agreement does not affect the validity of the relinquishment or the final decree of adoption. Makes additional conforming and clarifying changes.

Prohibits the court from entering an order to approve the post-adoption contact agreement unless the agreement is in writing and executed prior to or as part of the relinquishment. Requires, when the court approves the post-adoption contact agreement, that: (1) the court must enter a post-adoption contact agreement and order and instruct the clerk to treat the order as an initiation of a civil action for custody; (2) the court must designate the caption of the action and the parties to the action and waives the civil filing fee unless the court orders one or more of the parties to the agreement and order to pay the filing fee for a civil action into the office of the clerk of superior court; (3) the order must constitute a custody determination, and any motion to enforce, modify, or terminate the order must be filed in the newly created civil action and is governed by GS 48-3-709, also allows the Administrative Office of the Courts to adopt rules and requires developing and making available appropriate forms for establishing a civil file; (4) the record of the civil action must be withheld from public inspection and may only be examined by the parties to the civil proceeding and their attorneys, the minor, or by order of the court. Automatically terminates a post-adoption contact agreement and order on the date the child turns 18 or is otherwise emancipated. 

Makes organizational changes by moving portions of GS 48-3-708 into GS 48-3-709 and makes the following changes to GS 48-3-709. Allows a party to a court-approved post-adoption contract agreement and order to seek to modify, enforce, or terminate the agreement by filing a motion in the civil action created under GS 48-3-708(h). Makes conforming changes to allow for termination. Adds that there is no right to appeal an order entered under the statute. Makes additional conforming changes.

Deletes the proposed changes to GS 48-9-102 (records confidential and sealed), GS 7B-401.1 (concerning when a juvenile's parents are parties), and GS 7B-908 (post termination of parental rights' placement court review).

Section 17 is effective July 1, 2024.

Section 18

Amends proposed GS 7B-325 by no longer specifying that the filing of petition for expungement of an individual's name from the responsible individuals list is notwithstanding any time limitations contained in the statute or in GS 7B-324. At the hearing on the petition for expungement, places the burden on the petitioner and requires all findings of fact to be based on clear and convincing evidence. Specifies that the rules of evidence applicable in civil cases apply, but allows the court to permit the admission of any reliable and relevant evidence if the general purposes of the rules of evidence and the interests of justice will best be served by its admission (was, court may consider any evidence, including hearsay evidence or testimony or evidence from any person that is not a party that the court finds to be relevant, reliable, and necessary). Allows a party to appeal the court's decision.

Section 18 is effective July 1, 2024.

Section 19

Amends GS 7B-305 to require a person making a report of abuse or neglect to have five working days to notify the complaint line at DHHS (was, notify the prosecutor) that the person is requesting review. Makes conforming changes by assigning related responsibilities to DHHS instead of the prosecutor. 

Amends GS 7B-306 by requiring DHHS, instead of the prosecutor, to review the determination that a petition should not be filed within 20 days after receiving a request for review (was, 20 days after the person making the report is notified). Amends the action that can be taken after review to include directing the director to take a specific action to provide protective services.

Makes conforming changes to GS 7B-308.

Section 20

Amends GS 50-13.10 to provide that a child support payment is not past due and no arrearages accrues for foster care assistance owed to the State during any period when the child is placed in custody of a department of social services (was, when the child is placed in foster care).

Amends proposed GS 110-135.1 to refer to when the child has been placed in the custody of a department of social services instead of when the child has been placed in foster care.

Section 21

Amends Section 9A of SL 2015-245, as amended, as follows. Directs DHHS to seek approval from CMS through either the 1115 waiver or another federal authority to allow a parent or caretaker relative to retain Medicaid eligibility when (1) the department of social services has been granted custody of a child formerly in the care of a parent or caretaker relative (was, when a parent or caretaker has lost custody of a child) pursuant to Subchapter I of GS Chapter 7B or comparable federally recognized tribal code (was, Chapter 7B only), (2) the child is being served temporarily by the foster care system, regardless of the type of out-of-home placement, and (3) a court has not found any of the following: (a) that aggravated circumstances exist in accordance with GS 7B-901(c) or comparable federally recognized tribal code (tribal code not previously included), (b) that a plan of reunification would be unsuccessful nor inconsistent with the child's health or safety in accordance with GS 7B-906.1(d) or comparable federally recognized tribal code (tribal code not previously included) or (c) that custody or guardianship with the caretaker relative is an inappropriate permanent plan for the juvenile under GS 7B-906.2(a)(3) or (a)(4) or comparable federally recognized tribal code (new provision).

Makes conforming changes to GS 108A-54.3A. 

Amends Section 9D.14 of SL 2021-180 (which amended Section 9A of SL 2015-245 and GS 108A-54.3A) to set the section to expire if approval is not granted by CMS within 90 days of enactment of a joint resolution adjourning the 2023 Regular Session of the General Assembly sine die (was, if approval is not granted before June 30, 2023).

Section 22

Makes conforming changes to the act's effective date provision. 

Intro. by Krawiec, Jarvis, Batch.GS 7B, GS 48, GS 108A, GS 122C
S 640 (2023-2024) VARIOUS CRIMINAL PROCEDURE CHANGES. Filed Apr 5 2023, AN ACT TO MODIFY VARIOUS LAWS RELATED TO CRIMINAL PROCEDURE.

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

Amends GS 15A-211, by removing the changes that would have made laws governing electronic recording of juvenile interrogations applicable to (1) all law enforcement interviews and custodial interrogations of juveniles in criminal investigations conducted at any place of detention, and (2) any law enforcement interview or custodial interrogation of any person in a felony criminal investigation conducted at any place of detention. Makes conforming changes by removing interviews throughout the statute, including deletions of changes to the Article's title, the statute's caption, and the statute's stated purpose. 

Reinstates the provision specifying that nothing in the Article precludes the admission of a statement given at a time when the interrogators are unaware that the person is suspected of an offense to which the Article applies.

Amends GS 15A-266.7 to require the Crime Lab to notify the office of the district attorney for all CODIS matches (was, to adopt procedures for the notification of the Indigent Defense Services for postconviction CODIS hits that are exculpatory in nature).

Adds new Article 54, Reliability of In-Custody Informant Statements, to GS Chapter 15A, providing as follows. Requires all interviews of in-custody informants to be recorded using a visual recording device that provides an authentic, accurate, unaltered, and uninterrupted record of the interview that clearly shows both the interviewer and the in-custody informant. Defines in-custody informant as a person, other than a co-defendant, accomplice, or co-conspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail or a State correctional institution or otherwise confined, where statements relate to offenses that occurred outside of the confinement. Prohibits destroying or altering any electronic recording of an in-custody informant interview until one year after the completion of all State and federal appeals of the conviction, including the exhaustion of any appeal of any motion for appropriate relief or habeas corpus proceedings. Requires law enforcement to clearly identify and catalogue every electronic recording. Applies to offenses committed on or after October 1, 2023.

Intro. by Britt, B. Newton, Daniel.GS 15A
S 650 (2023-2024) GUN VIOLENCE PREVENTION ACT. Filed Apr 5 2023, AN ACT TO CREATE THE OFFENSE OF POSSESSING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY.

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

Amends GS 14-415.1A (possession of certain weapons by felon during commission or attempted commission of a felony) to make it unlawful for any person who is prohibited pursuant to GS 14-415.1 (general prohibition on possession of firearms by felon) from possessing a firearm or a weapon of mass death and destruction to possess a firearm or weapon of mass death and destruction during the commission or attempted commission of certain felonies (previously, prohibited any person who had been convicted of a felony from possessing such weapons during the commission of certain felonies). Changes the level of felony from Class H felony to Class G felony for a violation of the statute without any other aggravators. Specifies that a violation of the statute is a separate offense from GS 14-415.1, in addition to the underlying felony offense, and will not merge with either offense. 

Intro. by Britt, B. Newton, Daniel.GS 14
S 673 (2023-2024) WATER AND WASTEWATER REGULATORY RELIEF ACT. Filed Apr 6 2023, AN ACT TO ALLOW ALTERNATIVE PEAK DAILY SEWAGE FLOW RATES FOR DESIGN RATE MODELING, TO PERMIT WASTEWATER TREATMENT SYSTEM EXPANSIONS BEYOND EXISTING ALLOCATION IN CERTAIN CIRCUMSTANCES, AND TO MAKE CLARIFICATIONS TO THE SYSTEM DEVELOPMENT FEE STATUTES.

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

Section 1.

Amends GS 143-215.1 as follows.

In new subsection (f3), permits new dwelling units to calculate wastewater flows at 75 gallons per day per bedroom or a lower rate approved by the Department of Environmental Quality (DEQ). 

In new subsection (f4), adds new subdivision (3), allowing approval of permits for facilities that exceed the 80% or 90% threshold from the previous subdivisions if additional flow in the facility is not predicted to exceed the facility’s hydraulic capacity, the facility is in compliance with all other limits and requirements, and adequate progress is being made in developing the required engineering evaluations or plans and specifications.

In new subsection (f5), allows permittees for a wastewater system that have signed a contract for the expansion of the wastewater treatment, utilization, or disposal system located in a county with a projected growth rate above 2% annually or in one of the top 20% of the fastest growing counties statewide, and are meeting flow and pollutant discharge limits set out in its current permit, may allocate its system's permitted hydraulic capacity up to 110% and increase the allocation up to 115% if the expansion of the system is within 24 months of completion. A permittee may not allocate more than the permitted projected capacity after expansion without approval by DEQ. Nothing in the new subsection will be construed to limit DEQ from authorizing allocations over 115% of a system’s hydraulic capacity. 

Section 2.

Discards the 1st edition’s amendments to GS Chapter 143 and water transfer certification procedures. 

Makes changes to GS Chapter 162A to clarify system development fees. Clarifies and restates the intent of existing law and applies to ordinances adopted before, on, or after the act's effective date. 

Amends GS 162A-201(9) by amending the definition of system development fee by including recouping costs incurred by a local governmental unit to purchase new capacity in, or reserve capacity supplied by, a capital improvement or facility owned by another local government in the definition. 

Amends GS 162A-205 to add new subdivision (10), which includes in the supporting analysis for a system development fee any purchase capacity in, or reserve capacity supplied by, improvements or facilities owned by another local government. 

Amends GS 162A-211 to allow the expenditure of system development fees calculated using the incremental cost or marginal cost method, on contractual obligations to another local government for capacity in facilities owned by that local government.

Amends the act's long title.

Intro. by P. Newton, Sawrey, Lazzara.GS 143, GS 162A
S 677 (2023-2024) SURVEYORS RIGHT OF ENTRY/EXPED. COMM. BLDG. (NEW) Filed Apr 6 2023, AN ACT TO ALLOW A LIMITED RIGHT OF ENTRY FOR PROFESSIONAL LAND SURVEYORS IN CERTAIN CIRCUMSTANCES AND TO EXPEDITE PLAN REVIEW AND AUTHORIZE AT-RISK CONSTRUCTION PERMITTING FOR CERTAIN COMMERCIAL AND MULTIFAMILY BUILDING PROJECTS.

Senate committee substitute to the 1st edition makes the following changes. Deletes proposed amendments to GS 89C-13, licensure as a professional land surveyor, and the requirement that the NC State Board of Examiners for Engineers and Surveyors adopt temporary rules to implement this act.

Intro. by Jarvis, McInnis.GS 89C
S 678 (2023-2024) CLEAN ENERGY/OTHER CHANGES. (NEW) Filed Apr 6 2023, AN ACT TO (I) DEFINE "CLEAN ENERGY," WHICH INCLUDES "RENEWABLE ENERGY" AND NUCLEAR AND FUSION ENERGY; (II) ELIMINATE LANGUAGE IMPEDING CPCN ISSUANCE FOR NUCLEAR FACILITIES; (III) MODIFY CLOSURE DEADLINES FOR CERTAIN COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (IV) MODIFY APPLICATIONS FEES FOR DAM CONSTRUCTION, REPAIR, ALTERATION, OR REMOVAL UNDER THE DAM SAFETY ACT; (V) REQUIRE APPROVAL BY THE LOCAL GOVERNMENT COMMISSION FOR LOCAL GOVERNMENTS TO ENTER INTO AGREEMENTS TO CEDE OR TRANSFER CONTROL OVER A PUBLIC ENTERPRISE TO A NONGOVERNMENTAL ENTITY; (VI) PROHIBIT LOCAL GOVERNMENTS FROM ENTERING NONDISCLOSURE AGREEMENTS IN ORDER TO RESTRICT ACCESS TO PUBLIC RECORDS SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT; AND (VII) ESTABLISH EMPLOYEE CLASSIFICATION AND COMPENSATION EXEMPTIONS FOR THE UTILITIES COMMISSION AND PUBLIC STAFF.

Senate amendment to the 2nd edition makes the following changes. Amends GS 62-110.1 (pertaining to certificates for construction of generating facilities) to specify that a certificate is needed for any electric generating facility (was, just coal facilities).  Deletes requirement that Commission consider power quality, resource availability, dispatchability, capacity, and reasonably anticipated future maintenance and decommissioning costs in determining whether to grant a certificate. Makes technical change. Deletes inclusion of GS 62-126.8

Intro. by P. Newton, B. Newton, Craven.GS 62, GS 143, GS 143B, GS 160A, GS 160D

The Daily Bulletin: 2023-04-26

LOCAL/HOUSE BILLS
H 331 (2023-2024) SE REGIONAL AIRPORT AUTHORITY/MEMBERS & SALES. (NEW) Filed Mar 9 2023, AN ACT EXTENDING THE TERMS OF THE MEMBERS OF THE SOUTHEAST REGIONAL AIRPORT AUTHORITY FROM TWO TO FOUR YEARS AND AUTHORIZING THE SOUTHEAST REGIONAL AIRPORT AUTHORITY TO CONVEY REAL OR PERSONAL PROPERTY BELONGING TO THE AUTHORITY BY PRIVATE NEGOTIATION AND SALE OR LONG-TERM LEASE.

House committee substitute to the 2nd edition adds the following content.

Further amends SL 2020-19 as follows. Extends the terms of members of the Southeast Regional Airport Authority (Authority) from two to four years. Requires that if a member is appointed to fill an unexpired term and at least two years (was, one year) of the unexpired term remain, the appointment must be counted in determining the number of successive terms served. Repeals Section 2(c), which set out initial appointments to the Authority and makes conforming changes.

Specifies that the terms of current Authority members expire on December 31, 2023 and allows current members to be reappointed.

Specifies membership of the Authority and their terms for appointments beginning January 1, 2024. Allows the members, upon expiration of these terms, to be appointed to two successive four-year terms. Thereafter, members are to be appointed as provided in SL 2020-19. 

Makes conforming changes to the act's titles.

Intro. by Pierce.Scotland
H 419 (2023-2024) YOUNGSVILLE CHARTER REVISED & CONSOLIDATED. Filed Mar 20 2023, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF YOUNGSVILLE.

House committee substitute to the 2nd edition makes the following changes to the revised Youngsville (town) charter.

Deletes Section 6.1 which allowed Youngsville to exercise its powers under GS Chapter 160D within an area extending no more than two miles beyond its contiguous corporate limits. 

Intro. by Winslow.UNCODIFIED, Franklin
H 470 (2023-2024) GREENSBORO/WINSTON-SALEM CIVIL SERVICE BOARD. Filed Mar 23 2023, AN ACT AUTHORIZING THE CITIES OF GREENSBORO AND WINSTON-SALEM TO ESTABLISH A CIVIL SERVICE BOARD.

House amendment to the 1st edition makes the following changes.

Amends Sec. 7.45 of the Charter of Greensboro (SL 1959-1137) and Sec. 111.1 of the Charter of the City of Winston-Salem (SL 1927-232) to reduce the number of Civil Service Board (Board) members chosen by each city council at a meeting of the council from two members to one member. Makes conforming change to both charters to account for reduced member. Adds requirement to both charters that one member of the Board has to be chosen by mutual agreement of the Chief of Police and the Fire Chief, in addition to how other members are appointed so that there are four methods of appointment to the Board total, with five members. 

Amends both charters to expand officers and employees of each city exempt from classified service to now include the Chief of Police, the Deputy Chief of Police, Assistant Chiefs of Police, the Fire Chief, the Deputy Fire Chief, and Assistant Fire Chiefs, in addition to officers and employees already listed. Clarifies that the Board’s rulemaking power set forth in each city’s charter does not authorize it to make any hiring decisions.  

Intro. by Zenger, Hardister, K. Hall.Forsyth, Guilford

The Daily Bulletin: 2023-04-26

ACTIONS ON BILLS

Actions on Bills: 2023-04-26

PUBLIC BILLS

H 98: MEDICAL FREEDOM ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 139: U.S. & N.C. FLAGS/MADE IN USA.

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

H 159: ADOPT OFFICIAL NC DOGWOOD FESTIVAL.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 198: DOT LEGISLATIVE CHANGES.-AB

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

H 199: DMV PROPOSED LEGISLATIVE CHANGES.-AB

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

H 224: PROTECT NC OPIOID SETTLEMENT PAYMENTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 246: REVISE PHARMACY BENEFITS MANAGER PROVISIONS.

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

H 309: INSPECTION OF LOW-SPEED VEHICLES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 327: CLARIFY ANIMAL WELFARE STATUTES.

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

H 346: REORGANIZATION & ECONOMIC DEVELOPMENT ACT.

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

H 370: RESPONSIBLE FIREFIGHTING FOAM MANAGEMENT ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 385: REGULATION OF BATTERY-CHARGED SECURITY FENCES.

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

H 394: AUTHORIZE FEDERAL NOTARIES.

    House: Reptd Fav
    House: Re-ref Com On Federal Relations and American Indian Affairs

H 402: MOTOR VEHICLE INSURANCE REFORM.

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

H 409: REGULATION OF ACCESSORY DWELLING UNITS.

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

H 412: MODIFY PROPERTY TRANSFER TO PENDER COUNTY.

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

H 415: STOP ADDICTION FRAUD ETHICS ACT OF 2023.

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

H 431: NEW ARCHITECT RECRUITMENT ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 445: OPEN MEETING CHANGES. (NEW)

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

H 447: CLARIFY MOTOR VEHICLE DEALER LAWS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 448: VARIOUS MOTOR VEHICLE LAW REVISIONS.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 455: EXPEDITE WATER/WASTEWATER FRANCHISE TRANSFER.

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

H 463: NC FARMLAND AND MILITARY PROTECTION ACT.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 471: STATE AUDITOR/INFO. SYSTEMS/CORRECTIVE ACTION.

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

H 481: MODERNIZE DEBT SETTLEMENT PROHIBITION.

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

H 495: AGGREGATION OF MULTIPLE FINANCIAL CRIMES.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 499: SUPPORT LUMBEE FAIRNESS ACT.

    House: Adopted

H 500: NCCWBTC RECS./MEDICAID (NEW).

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

H 513: ADOPT OSPREY AS STATE RAPTOR.

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

H 536: LOGGERHEAD TURTLE/STATE SALTWATER REPTILE.

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

H 539: NORTH CAROLINA FARMERS APPRECIATION DAY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

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

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

H 544: LIMITED SHARK FISHING TOURNAMENT MORATORIUM.

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

H 551: LANDLORD-TENANT AND HOA CHANGES.

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

H 560: DIAGNOSTIC IMAGING PARITY.

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

H 565: STUDY VOLUNTEER FIREFIGHTER INCENTIVES.

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

H 577: STUDY/EMERGENCY INFO ON DMV APPLICATIONS.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 588: HEIRS PROPERTY STUDY. (NEW)

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

H 591: RESTITUTION/SEXUAL EXPLOITATION OF MINOR.

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

H 605: SCHOOL THREAT ASSESSMENT TEAMS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 611: MODIFY TRAINING/STANDARDS COMMISSIONS POWER.

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

H 633: SHINE LIKE HAILEY PARADE SAFETY ACT.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 647: EXPEDITE CHILD PERMANENCY.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Families, Children, and Aging Policy

H 648: FAITHFUL ARTICLE V COMMISSIONER ACT.

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

H 649: ENSURE TIMELY/CLINICALLY SOUND UTILIZ. REVIEW.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 650: SMOKE-FREE OPERATING ROOMS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 661: EMERGENCY SERVICES PEER COUNSELING PRIVILEGE.

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

H 684: PRESCRIPTION EYE DROP EARLY REFILL COVERAGE.

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

H 688: INCREASE ACCESS FOR SMALL EMPLOYERS/INSURANCE.

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

H 696: VIOLENT OFFENSE/NO CONTACT ORDER.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 719: SBI EMERGENCY PEN REGISTER/TRAP AND TRACE.

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

H 748: CHILD ABUSE AND OTHER CRIMINAL LAW CHANGES. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 807: MODIFY FIREARMS RETRIEVAL PROCESS IN DV CASES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Failed A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 814: EMERGENCY MANAGEMENT MODS.

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

H 846: FUNDS FOR NC PRE-K AND SMART START.

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

H 847: ENERGY SAVINGS INCENTIVES/STATE AGENCIES.

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

H 848: SET PAY SCHEDULES/JUVENILE JUSTICE POSITIONS.

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

H 849: EXPAND & ENHANCE THE TEACHING FELLOWS PROGRAM.

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

H 850: LICENSING BOARD/CONTRACTORS &AMP INSPECTORS.

    House: Passed 1st Reading
    House: Ref to the Com on Local Government - Land Use, Planning and Development, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 851: IMPROVING OUR DEMOCRACY.

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

H 852: THE REP. BECKY CARNEY CARDIAC ARREST ACT.

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

H 853: WORK OPPORTUNITY TAX CREDIT.

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

H 854: SAFETY FUNDS FOR HIGHWAY 49 & EASTWAY DRIVE.

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

H 855: STRENGTHENING CARE FOR FAMILIES AND CHILDREN.

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

H 856: FUNDS FOR EASTERN TRIAD WORKFORCE INITIATIVE.

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

H 857: CITIES/CHRONIC VIOLATORS OF ORDINANCES.

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

H 858: FONDA BRYANT SUICIDE PREVENTION SIGNAGE ACT.

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

H 859: NC HOUSE TRANSPARENCY ACT OF 2023.

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

H 860: PROTECT OUR YOUTH IN FOSTER CARE.

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

H 861: TROPICAL STORM FRED/DISASTER RECOVERY.

    House: Passed 1st Reading
    House: Ref to the Com on Disaster Recovery and Homeland Security, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 862: STRENGTHEN CHILD FATALITY PREVENTION SYSTEM.

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

H 863: FOSTER CARE REFORM/FUNDS.

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

H 864: PFAS POLLUTION AND POLLUTER LIABILITY.

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

H 865: EXTEND MEAT PROCESSING GRANT PROGRAM.

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

H 866: EARNED WAGE ACCESS SERVICES.

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

H 867: CRISIS INTERVENTION TRAINING LEO GRANTS.

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

H 868: ALZHEIMER'S PUBLIC HEALTH ED IMPROVEMENT ACT.

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

H 869: ENHANCE STATE FIRE PROTECTION GRANT FUND.

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

H 870: ABC LAW OMNIBUS BILL.

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

H 871: TRAUMA CENTER FUNDING.

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

H 872: REDUCE DROWNING RISK/PUBLIC DOCKS.

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

H 873: MODERNIZE INCOME TAX OF TRUSTS AND ESTATES.

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

H 874: FUND PILOT TO CONTRACT FOR IVC TRANSPORTATION.

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

H 875: INMATE DRIVERS LICENSE ASSISTANCE.

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

H 876: REDUCE PARENT COPAYS/CHILD CARE SUBSIDY/FUNDS.

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

H 877: NCIOM STUDY/MEDICAL AID IN DYING.

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

H 878: FNS RECIPIENTS EDUCATION AND TRAINING.

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

H 879: HEALTHY AND SUSTAINABLE FOOD DISTRIBUTION.

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

H 880: FUNDS BOTANICAL GARDEN & ASIAN CULTURAL CTR.

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

H 881: FUNDS FOR MORRISVILLE ECONOMIC DEVELOPMENT.

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

H 882: NONPROFIT SALES TAX EXEMPTION.

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

H 883: ESTABLISH AAPI HERITAGE COMMISSION.

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

H 884: LANDLORD-TENANT ASSISTANCE PILOT/FUNDS.

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

H 885: SOUND BASIC EDUCATION FOR EVERY CHILD.

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

H 886: VEHICLE HEADLIGHT BRIGHTNESS.

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

H 887: ENHANCE LOCAL RESPONSE/MENTAL HEALTH CRISES.

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

H 888: REMOVE BARRIERS TO EMPLOYMENT FROM COURT DEBT.

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

H 889: CLEAN ENERGY GRANTS.

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

H 890: AG COST-SHARE FUNDS/FRENCH BROAD.

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

H 891: ACHIEVE BETTER MENTAL HEALTH RECOVERY RESULTS.

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

H 892: SUICIDE PREVENTION.

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

H 893: PRIVATE COMMERCIAL BUILDING INSPECTION.

    House: Passed 1st Reading
    House: Ref to the Com on Local Government - Land Use, Planning and Development, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

S 44: MOBILE SALONS/COSMETIC SERVICES AT WEDDINGS. (NEW)

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

S 124: INSURANCE REBATE REFORM.

    Senate: Reptd Fav

S 171: DEPARTMENT OF PUBLIC SAFETY AGENCY BILL.-AB

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

S 240: PERMIT CHOICE/CERTAIN AIRPORT AUTHORITIES.

    Senate: Reptd Fav

S 299: REIMBURSE LATE AUDIT COSTS WITH SALES TAX REV.

    Senate: Reptd Fav

S 318: NATIVE PLANTS ACT.

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

S 319: CAPTIVE INSURANCE REVISIONS.

    Senate: Reptd Fav

S 321: MEDICAL DEBT DE-WEAPONIZATION ACT.

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

S 325: LIMIT ONLINE MARKETPLACE REGULATIONS.

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

S 326: FIREFIGHTER CANCER INS. & WC PROGRAM FUNDING.

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

S 329: RETAIL INSTALLMENT SALES ACT AMENDMENTS.

    Senate: Reptd Fav

S 332: MODIFY BEACH PLAN POLICY LIMITS.

    Senate: Reptd Fav

S 339: MODIFY LMTD DRIVING PRIVILEGE/CRIMINAL LAWS.

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

S 357: VARIOUS MOTOR VEHICLE LAW REVISIONS.

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

S 360: MODIFY VICTIM AND SEX OFFENSE REGISTRY LAWS.

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

S 364: NONDISCRIMIN & DIGNITY IN STATE WORK. (NEW)

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

S 382: DENTAL PRACTICE ACT CHANGES.

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

S 406: CHOOSE YOUR SCHOOL, CHOOSE YOUR FUTURE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Appropriations/Base Budget

S 408: PROPERTY TAX MODIFICATIONS.

    Senate: Reptd Fav

S 409: VARIOUS CHANGES TO CRIMINAL AND CIVIL LAWS. (NEW)

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

S 425: MEDICAID AGENCY OMNIBUS.-AB

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

S 438: NCORR ADMINISTRATIVE MODIFICATIONS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Commerce and Insurance

S 445: RECORDING OF COURT-FILED DOCUMENTS.

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

S 452: DOI & INS LAW AMD/REVISE HS ATHLETICS (NEW).

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

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

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

S 507: CHIROPRACTIC PRECEPTORSHIP MODIFICATIONS.

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

S 515: WATER AND SEWER AFFORDABILITY ACT.

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

S 527: ABC OMNIBUS 2023. (NEW)

    Senate: Reptd Fav
    Senate: Reptd Fav

S 542: DOL OMNIBUS/OTHER CHANGES. (NEW)

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

S 549: DEVELOPMENT MORATORIA/TRANSPORTATION PROJECTS.

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

S 552: MODIFICATIONS TO NOTARY PUBLIC ACT.

    Senate: Sequential Referral To Finance Added After Judiciary

S 559: TREASURY ADMINISTRATIVE CHANGES ACT.-AB

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

S 565: REMOVING BARRIERS TO JOBS AND HOUSING.

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

S 574: AUTHORIZE NIL AGENCY CONTRACTS.

    Senate: Reptd Fav

S 582: NORTH CAROLINA FARM ACT OF 2023.

    Senate: Reptd Fav

S 607: TEMPORARY SOLUTIONS PROGRAM CHANGES.

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

S 617: ATV SAFETY COURSE WARNING LABEL EXCEPTION.

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

S 625: CHILD WELFARE, SAFETY AND PERMANENCY REFORMS.

    Senate: Reptd Fav

S 626: MODIFY HUMAN TRAFFICKING AND RIOT LAWS. (NEW)

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

S 638: MOVE OVER FOR DISABLED VEHICLES.

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

S 640: VARIOUS CRIMINAL PROCEDURE CHANGES.

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

S 650: GUN VIOLENCE PREVENTION ACT.

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

S 673: WATER AND WASTEWATER REGULATORY RELIEF ACT.

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

S 677: SURVEYORS RIGHT OF ENTRY/EXPED. COMM. BLDG. (NEW)

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

S 678: CLEAN ENERGY/OTHER CHANGES. (NEW)

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

S 722: CHILD CARE FLEXIBILITIES.

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

S 729: CBBC WORKING GROUP CHANGES.

    Senate: Reptd Fav

S 743: TRANSFORMATIONAL INVESTMENTS IN NC HEALTH.

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

Actions on Bills: 2023-04-26

LOCAL BILLS

H 331: SE REGIONAL AIRPORT AUTHORITY/MEMBERS & SALES. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 397: TOWN OF LAKE LURE/PROPERTY LEASE.

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

H 419: YOUNGSVILLE CHARTER REVISED & CONSOLIDATED.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading

H 453: CABARRUS COUNTY BD COMMISSIONER/VACANCIES. (NEW)

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

H 470: GREENSBORO/WINSTON-SALEM CIVIL SERVICE BOARD.

    House: Withdrawn From Com
    House: Added to Calendar
    House: Amend Adopted A1
    House: Amend Failed A2
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 17: STANLY BD. OF COMM/BD. OF EDUC. (NEW)

    Senate: Reptd Fav

S 143: PINEHURST-LIMIT COMMERCIAL DEVEL. MORATORIA.

    Senate: Reptd Fav

S 169: LOCAL OMNIBUS CHANGES. (NEW)

    Senate: Reptd Fav
    Senate: Reptd Fav
    Senate: Reptd Fav
    Senate: Reptd Fav

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