House committee substitute replaces the content of the 1st edition with the following.
Part I. changes the annual reporting requirement of myFutureNC Commission set forth in SL 2019-55, now requiring a report beginning March 15, 2024 (was, September 1, 2020) to the NCGA and the specified NCGA committee regarding the State's progress in reaching postsecondary attainment goal.
Part II. directs the Department of Public Instruction (DPI) to study 10 listed components relating to private schools with approved nonpublic education programs providing special education for students with intensive needs ("Approved Schools"), including studying: (1) a method of improving options for children with disabilities with intensive needs that require private placement consistent with the student's IEP and a method of determining that placement is the means that most appropriately suits the child's individual needs, (2) a method to monitor overidentification of children with disabilities with intensive needs, (3) methods to allow for Medicaid reimbursement for additional services and expanding the eligible range to receive reimbursement for services, and (4) the advisability of one or more pilot programs with one or more Approved Schools. Requires DPI to report to the specified NCGA committees by October 15, 2023.
Part III. amends GS 116-74.41 to add the President of NC Independent Colleges and Universities (or their designee) as a member of the NC Principal Fellows Commission, increasing the Commission's membership from 15 to 16. Requires the new member to begin their term on July 1, 2023.
Part IV. authorizes the Beaufort County Board of Education, in implementing the standard course of study established by Article 8, GS Chapter 115C, to use the Hillsdale College K-12 Curriculum to the extent it does not conflict with the requirements of the standard course of study.
Changes the act's titles.
The Daily Bulletin: 2023-05-02
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The Daily Bulletin: 2023-05-02
House committee substitute to the 1st edition makes the following change. Adds the House Chairs of the Committee on Military and Veterans Affairs to the entities that receive the report on the veterans cemeteries. Adds an appropriation of $100,000 for 2023-24 from the General Fund to the Department of Military and Veterans Affairs to be used to implement the act.
Intro. by Wheatley, Penny. | APPROP |
House committee substitute to the 1st edition makes the following changes.
Part I.
Amends proposed GS 14-415.35 which allows any person who is a US citizen and is at least 18 years old can carry a concealed handgun in North Carolina unless prohibited otherwise by law, by adding the requirement that the person complete an approved firearm safety and training course. Adds that an approved firearms safety and training course is one that involves instruction in the State's laws on the carrying of a concealed handgun and the use of deadly force. Requires the North Carolina Criminal Justice Education and Training Standards Commission to prepare and publish general guidelines for courses and qualifications of instructors which would satisfy these requirements, including online courses that document attendance and require active participation. Requires an approved course to be one that meets these requirements and is certified or sponsored by one of the listed entities. Requires every instructor of an approved course to file a copy of the firearms course description, outline, and proof of certification annually, or upon modification of the course if more frequently, with the North Carolina Criminal Justice Education and Training Standards Commission. Amends the penalty for violating the statute to now add that a violation of the general concealed carry requirements is a Class 3 misdemeanor.
Amends GS 14-415.36 by no longer exempting persons listed in GS 14-415.41.
Removes Part II of the act, which repealed the following statutes concerning pistol permits: GS 14-402 (forbidding sale of pistols without permit), GS 14-403 (concerning issuance of a permit to purchase a pistol), GS 14-404 (concerning permit denials); GS 14-405 (concerning confidentiality and record keeping requirements); GS 14-407.1 (concerning permits for the purchase of blank cartridge pistols); GS 14-315(b1)(1) (setting out the defense for selling a weapon to a minor that the minor produced a permit under now repealed GS 14-402); and GS 122C-54(d2) (giving a sheriff access to a record of involuntary commitment for mental health treatment or for substance abuse treatment that is required to be reported to the National Instant Criminal Background Check System (NICS) by GS 14-409.43, for the purposes of conducting background checks under now repealed GS 14-404).
Makes conforming organizational changes and changes to the act's long title.
House committee substitute to the 2nd edition makes the following changes.
Amends GS 136-133.1(a)(2), which 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 on the same structure (was, just between the viewing zones of two sign faces). Makes technical change.
Amends GS 105-164.44M(b) to require the Secretary of Revenue to transfer certain funds monthly (was, at the end of each month) from the net proceeds of sales and use taxes collected at the general rate to the Highway Fund and Highway Trust Fund.
Amends new GS 136-44.40 (setting forth limitations on rail transportation liability for S-Line Corridor acquisition) as follows. Amends defined term S-Line Corridor to mean that portion of the rail corridor located generally between Raleigh and Ridgeway, also known as the S-Line, which is to be acquired by the Department of Transportation (DOT), as it may now be constituted or hereafter enlarged, adjusted, or relocated, and shall include any additional real property from any source and howsoever acquired if used for or in connection with passenger rail service on or near the S-Line (was, the portion of the rail corridor located generally along the CSX Transportation, Inc.). Changes the third meaning of passenger rail claims to an incident occurring on property owned by DOT or a railroad, or otherwise occupied by DOT or a railroad, pursuant to charter grant, fee simple deed, lease, easement, license, trackage rights, or other form of ownership or authorized use, and intended for current or future use in connection with passenger rail service on the S-Line. (Prior definition did not specify types of ownership.) Changes meaning of railroad to mean a railroad corporation or railroad company from whom DOT has acquired an interest in land related to passenger rail service, its successors in interest, the National Railroad Passenger Corporation, or any other intercity rail passenger service provider, and, in the case of all of the foregoing, that has entered into any contracts or operating agreements of any kind with DOT for operations on the S-Line Corridor. Now requires DOT to secure and maintain a liability insurance policy in line with the requirements of GS 136-44.40 (previously DOT could secure and maintain said policy or cause that policy to be secured and maintained). Now specifies that the insurance policy limits as provided in the contract, cannot exceed the then current limitation of liability provided in 49 U.S.C. § 28103 (or any successor legislation) (was, just limitation of liability provided in 49 U.S.C. § 28103 or any successor legislation).
Amends Section 3.2 of SL 2021-180 to indicate the figures are for the Highway Fund availability used in developing the 2021-23 fiscal biennial budget (was, the Highway Fund availability used in adjusting the 2021-22 FY budget).
Amends Section 3.4 of SL 2021-180, as amended, to indicate that the figures are for the Highway Trust Fund availability used in developing the 2021-23 fiscal biennial budget (was, Highway Trust Fund availability used in adjusting the 2021-22 fiscal year budget).
Amends GS 20-158 by adding new subsection (f), which specifies the following requirements that apply to a traffic control photographic system used to enforce vehicle control signs and signals under GS 20-158 as follows: (1) A violation detected by a traffic control photographic system is defined as when a vehicle enters and proceeds into the intersection after the onset of the signal display of a steady circular red or steady red arrow controlling traffic approaching the intersection and the applicable red clearance interval has expired. All signals with traffic control photographic systems must be designed with an appropriate red clearance interval, (2) The duration of the yellow light change interval and the red clearance interval at intersections where traffic control photographic systems are in use must be no less than the yellow light change interval and the red clearance interval durations specified on the traffic signal plan of record signed and sealed by a professional engineer, licensed in accordance with the provisions of GS Chapter 89C, and must comply with the provisions of the most recently adopted Manual on Uniform Traffic Control Devices. Effective December 1, 2023, and applies to any enforcement of GS 20-158 by a traffic control photographic system, including by any municipality authorized under GS 160A-300.1, and SL 2001-286, as amended, on or after that date.
Amends GS 143-299.2 (limitations on payments by the State under State Tort Claims Act) to specify that the maximum amount that DOT may pay cumulatively to all claimants on account of injury and damage to any one person arising out of any one occurrence, whether the claim or claims are brought under the State Tort Claims Act, or Article 31A (Defense of State Employees) or Article 31B (Defense of Public School Employees) of GS Chapter 143, is $3 million, less any commercial liability insurance purchased by DOT and applicable to the claim or claims under GS 143-291(b), 143-300.6(c), or 143-300.16(c). Amends DOT’s powers set forth in GS 136-18 to allow DOT to purchase and maintain an umbrella policy of commercial liability insurance providing coverage in an amount up to $10 million beyond the limits of commercial liability insurance policies otherwise authorized by law. Effective when it becomes law and applies retroactively to January 1, 2021.
Amends GS 136-44.20 (DOT as designated agency to administer and fund public transportation programs) to require DOT to recognize a regional council of governments or regional planning commission as an eligible unit of government to apply for, accept, receive, and dispense all rural and urban planning, operating, and capital transit grants made available through DOT or the Federal Transit Administration. Authorizes DOT to designate a council of governments or a regional planning commission as a transit planning district in order to promote efficient and effective planning and coordination of transit services and programs and to allocate funding to carry out planning and coordination activities. Specifies that the council of governments or a regional planning commission is subject to the following: (1) it cannot apply for transit operating or capital funds to replace an existing transit agency without consent of the member governments in the proposed transit service area and (2) it is authorized to apply for and implement mobility management activities, as defined by the Federal Transit Administration, for 49 U.S.C. § 5307, 49 U.S.C. § 5310, and 49 U.S.C. § 5311 grant programs. Specifies that funding percentages for these grants will be allocated based on (i) 80) federal match and 20% local match for capital projects, (ii) 50% federal match and 50% local match for operating projects, or (iii) the most recent recommended match percentages published by the Federal Transit Administration for these grant programs.
Amends GS 136-44.27 (NC Elderly and Disabled Transportation Assistance Program) to specify that a regional council of governments or a regional planning commission may apply for and receive any funds to perform mobility management activities, as defined by the Federal Transit Administration, and use funding to fill gaps in service, where they exist, by coordinating with existing transit agencies, nonprofit organizations, or third-party operators. Effective July 1, 2023, and applies to applications for transit grants on or after that date.
Makes organizational changes.
Intro. by B. Jones, Shepard, McNeely, Tyson. | APPROP, GS 20, GS 63, GS 105, GS 126, GS 136, GS 143, GS 143C, GS 150B, GS 160A |
House committee substitute to the 2nd edition makes the following changes. Requires the Division of Motor Vehicles of the North Carolina Department of Transportation (Division) to also study ways to modernize and improve dealer license plates issued by the Division, including the process for issuance and format and design of the plates. Requires the Division to report its findings, including any legislative recommendations, to the NCGA, the chairs of specified NCGA committees, and the Fiscal Research Division no later than December 31, 2023. Amends the service of process fee provisions in GS 1-105(b) to clarify that the $100 paid to the Commissioner of Motor Vehicles for service of process outside the United States is a fee, not a deposit.
House committee substitute to the 1st edition makes the following changes. Changes statutory references in GS 115C-218.7 (material revisions of charters) and GS 115C-218.8 (nonmaterial revisions of charters) to refer to low-performing schools under GS 115C-218.94, pertaining to identification of low-performing and continually low-performing charter schools (was, GS 115C-105.37A, a continually low performing school and reassignment of students). Deletes new GS 115C-218.87 (authorizing charter schools to establish micro school programs) and conforming changes to GS 115C-84.3 and GS 115C-218.1.
Adds new subsection (h1) to GS 115C-218.45 to authorize charter schools unable to fill current enrollment with students qualified under the laws of this State for admission to a public school to enroll out-of-state students who are domiciliaries of other states. Requires the charter school to charge those students a tuition of at least 50% of the total per pupil allocation of the local appropriation for the county where the charter school is located and the per pupil State appropriation for that school year but no more than 100% of the total of the per pupil allocation of the local appropriation for the county in which the charter school is located and the per pupil State appropriation for that school year. Caps the number of out-of-state enrollees at 10% of the number of students enrolled in the charter school. Defines foreign exchange student for purposes of the subsection. Permits charter schools to enroll no more than two foreign exchange students per high school grades nine through twelve in any given school year at the charter school. Sets forth the same tuition framework as described above. Specifies that foreign exchange students do not count toward the enrollment capacity or cap for any program, class, building, or grade levels for grades nine through 12 and are not be subject to any lottery process used by the charter school for enrollment. Specifies that new GS 115C-218.45(h1) applies beginning with the admissions process for the 2024-25 school year.
Deletes new subsection (b1) to GS 115C-218.45 (non-discrimination provisions of charter school students) and instead enacts new GS 115C-74(68), which prohibits a local board of education from considering a student's current or prior enrollment in a charter school in any criteria used by the local board for determination of admissions or eligibility to any school or special program.
Deletes amendments to GS 115C-426(c) (uniform budget).
Amends GS 115C-407.55 (rules for high school interscholastic athletic activities) as follows. Requires all rules adopted by the State Board of Education (Board) for high school interscholastic activities by public schools to require that charter schools and nonpublic schools be classified as follows: (1) the charter or nonpublic school must determine, based on the address of the student, the school in the local school administrative unit the student would be assigned to attend by the local board of education. Requires the charter or nonpublic school to submit to the administering organization (i) the names of all schools to which the students would have been assigned and (ii) the percentage of students who would have attended each of those schools; (2) the charter or nonpublic school classification must be based on the classification of the school or schools that the largest percentage of the student body of that school would have been assigned to attend in any local school administrative unit; and (3) permits a charter or nonpublic school to apply for a hardship waiver based on the school's classification made in accordance with this subdivision. Requires the Board to adopt emergency rules to implement GS 115C-407.55 as amended by the act for the 2023-24 school year.
House committee substitute amends the 1st edition as follows.
Part I
Makes changes to GS 120-4.27 effective January 1, 2020.
Part II
Deletes the previous provisions of Part II, which (1) amended and added to GS 135-63(a) (pertaining to benefits on death before retirement for members of the Consolidated Judicial Retirement System [JRS]) and (2) amended GS 135-64 (regarding benefits on death for retired JRS members).
Adds the following new content, effective July 1, 2023.
Amends GS 58-86-35 and GS 58-86-40, increasing monthly member payments to the NC Firefighters' and Rescue Squad Workers' Pension Fund (Pension Fund) from $10 to $15 as it applies to new and current members.
Amends GS 58-86-55, increasing the monthly pension to eligible members, including disabled members, beneficiaries, and retired firefighters, from $170 to $175 monthly. Makes conforming changes, including changes regarding increased monthly member contributions.
Changes the act's long title.
House committee substitute to the 1st edition deletes the content of the previous edition and replaces it with the following House Resolution.
Creates the nine-member House Select Committee on Homeowners' Associations (Select Committee), with members appointed upon the recommendation of the Speaker of the House of Representatives, who will also designate one of those members as chair. Requires the Select Committee to study the following with regards to homeowners' associations (HOAs), including unit owners' associations governed by GS Chapter 47C and owners' associations governed by GS Chapter 47F: (1) current laws applicable to HOAs, (2) existing remedies for HOA violations of their obligations under the law and recommended additional remedies for such violations, (3) executive agencies best positioned to assist homeowners in resolving complaints against HOAs for violations of law, and (4) any other relevant issue the Select Committee deems appropriate.
Sets out provisions governing quorum, exercise of powers, contracting for services, receipt of per diem, subsistence and travel allowance, and staffing.
Requires the Select Committee to submit a final report on the results of its study, including any proposed legislation, to the NCGA by March 1, 2024, by filing a copy of the report with the Office of the Speaker of the House of Representatives and the Legislative Library. Terminates the Select Committee on March 1, 2024, or upon the filing of its final report, whichever occurs first.
Amends the act's titles.
House committee substitute to the 1st edition makes the following changes.
Expands scope of new GS 160D-1110.1 to include residential building plans in those types of permit applications where the government must issue applicable building permit plan decisions within 21 business days (was, just 21 days) unless otherwise agreed by all parties. Now requires the local government to issue all applicable permits within 10 business days (was, 15 days) after receiving additional requested information or a resubmitted plan with changes from the permit applicant. Clarifies that the third-party reviews available for local governments and permit applicants under subsections (b) and (c) respectively, are independent and should be done through contract with the Department of Insurance and its marketplace pool of qualified Code-enforcement officials. Specifies that if the permit applicant elects to have an engineer or architect to perform an independent third-party plan review, it must contract for such services, not hire those individuals. Changes the time a local government has to issue an applicable permit when it completes a plan review with certification from 72 hours to three business days. Adds new GS 160D-1110.1(e), which requires a third-party plan reviewer to avoid conflicts of interest in conducting independent third-party plan reviews under subsections (b) and (c). Specifies that conflicts of interest include a plan reviewer having any financial interest in or being employed, other than as a plan reviewer under this section, by a business that has a financial interest in, the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of, or any involvement in the making of plans or specifications for, the project subject to plan review.
Makes organizational and conforming changes. Makes conforming changes to the act’s long title.
House amendment to the 2nd edition makes the following changes.
Amends new GS 160D-1110.1 by removing residential building plans from those types of permit applications where the government must issue applicable building permit plan decisions within 21 business days. Makes conforming changes to the statute's caption and to the act’s long title.
House committee substitute to the 2nd edition adds the following content. Makes conforming changes to the act's titles.
Amends Section 9.1 of SL 1983-908, as amended, as follows. Extends the repeal of Section 7 and Section 9(a)(4)b., the Mecklenburg County prepared food and beverages tax and distribution of a portion of occupancy tax proceeds to specified Mecklenburg County towns, to July 1, 2060.
Amends SL 2005-68, concerning the 2% room occupancy tax the Mecklenburg County Board of Commissioners may levy, with proceeds distributed to Charlotte for the acquisition, construction, repair, maintenance, and financing of a NASCAR Hall of Fame Museum facility and an ancillary and adjacent NASCAR/convention center ballroom facility. Requires a repeal of the tax to also be in accordance with GS 153A-155(f). Extends the sunset on the tax until July 1, 2060. Amends the allowable use of the tax proceeds to also include renovation, improvement, and refinancing of a NASCAR Hall of Fame Museum facility and an ancillary and adjacent NASCAR/convention center ballroom facility.
Intro. by Bradford. | Mecklenburg, GS 20 |
House committee substitute to the 2nd edition makes the following changes.
Section 1
Amends GS 143-137 and new GS 143-137.1 to refer to the Department of Insurance rather than the Department of Administration as the entity responsible for designating separate accounts for funds of the Building Code Council and the Residential Code Council.
Makes a technical change to GS 143-138(d).
Specifies that the provisions of Section 1 do not affect the timing of, or abrogate the duties of, the Building Code Council in its revision of the State Building Code collection into the 2024 State Building Code collection, to become effective January 1, 2025, as required by GS 143-138(d) prior to the effective date of the Section (January 1, 2025), effective on the date the act becomes law.
Section 7
Sets the provisions of Section 7, prohibiting the Building Code Council from amending specified Parts of the State Building Code: Residential Code for One- and Two-Family Dwellings, to expire on January 1, 2026 (was, on the effective date of the 2025 State Building Code: Residential Code for One- and Two-Family Dwellings).
Section 8
Sets the provisions of Section 8, prohibiting the Building Code Council and Residential Code Council from amending or adopting new provisions or Parts of the State Building Code relating to energy conservation or efficiency of buildings, dwellings, and structures to which the State Residential Code applies, to expire on January 1, 2026 (was, January 1, 2031).
Section 13
Amends new GS 160D-925(d1) to also authorize the owner of a privately owned and maintained stormwater control project to collect funds for maintenance, repair, replacement, and reconstruction costs for the project (previously, only authorized establishing and retaining the funds). Adds a new requirement for the local government to allow five years from acceptance of the project as complete for the funds to be collected and retained by the owner of the project. Allows for the local government to require segregated accounting for funds collected for this purpose. Makes technical changes to internal cross-references included in the directive relating to local governments that have required owners to make payments to the local government for these purposes prior to date new GS 160D-925(d1) becomes law.
House amendment to the 3rd edition makes the following changes.
Section 13
Adds a section amending GS 143-214.7(c2) (governing transfers of permits for stormwater management systems by the Department of Environmental Quality [DEQ]) and (c5) (governing DEQ transfers of permits for stormwater management systems) to have the requirements of those provisions also apply to a local government that has issued a permit for a stormwater management system. Makes conforming changes to GS 153A-454 (stormwater control-counties) and GS 160D-925 (stormwater water control-other local governments) to specify that these entities that issue permits for stormwater management systems within their jurisdiction are each subject to GS 143-214.7(c2) and (c5), as amended by the act.
House committee substitute to the 1st edition changes the bill's short title.
Intro. by Cairns, Stevens, K. Baker, White. | GS 130A |
House committee substitute to the 2nd edition makes the following changes.
Amends the proposed new language in GS 105-277.1C to authorize a county tax assessor to accept the prequalification notice under new subsection (g) to establish eligibility for the property tax homestead exclusion provided under the statute in lieu of a veteran's disability certification or evidence of benefits received under 38 USC 2101 (previously, permitted the applicant to provide a copy of the prequalification notice provided by the assessor to establish exclusion eligibility). Expands new subsection (g) to also permit the surviving spouse of a disabled veteran who has not remarried to apply for prequalification regardless of whether they are not an owner of a permanent residence at the time of application.
Intro. by Paré, Goodwin, Winslow, Chesser. | GS 105 |
House committee substitute to the 1st edition makes the following change. Changes the date the State Board of Community Colleges is to report to the specified NCGA committee on its study of options for improving community college funding and accountability from January 15, 2024, to March 1, 2024.
Intro. by Winslow, Elmore, Tyson, Willis. | STUDY |
House committee substitute to the 1st edition makes the following changes. Amends new GS 160D-915.1 (temporary event venues) as follows. Now specifies that enactment of a temporary venue ordinance and issuance of a temporary event permit is not considered a zoning map amendment under GS Chapter 160D (was, under Article 9 of GS Chapter 160D). Specifies that any rezoning application to allow a venue to be used for a temporary event permit would be subject to the requirements of GS Chapter 160D (was, under Article 9 of GS Chapter 160D). Provides that if the temporary event venue lot or parcel (was, just venue) is rezoned, the temporary event venue permit will become void and the venue must operate under all applicable requirements of law. Makes technical change. Amends the act's long title.
House committee substitute amends the 1st edition as follows.
Makes technical changes to the lead in language of the proposed changes to GS Chapter 17C. Eliminates "eligibly county" as a defined term in GS 17C-20, applicable to the Criminal Justice Fellows Program (Program) set forth in Article 2 (previously, amended the term to mean any county in the State, rather than a county meeting the population threshold set under current law). Makes conforming changes to delete references to the term throughout Article 2.
Intro. by Carson Smith, Faircloth, Greene. | GS 17C |
House committee substitute amends the 1st edition as follows.
Section 3
Allows for any applicant or charter school that received a decision on an application, charter amendment, renewal, or termination from the State Board of Education after July 1, 2022, that differed from the decision recommended by the Charter Schools Advisory Board to apply for reconsideration of the decision by the Charter Schools Review Board (previously, permitted an applicant or charter school that had an application, charter amendment, renewal, or termination submitted on or after July 1, 2022, that the Charter Schools Advisory Board recommended be decided in the applicant or charter school's favor and that the State Board then subsequently decided against the Charter Schools Advisory Board's recommendation to apply for the decision to be reconsidered by the Review Board). Maintains the previous time periods for requesting reconsideration and the Charter Schools Review Board issuing a decision on the request. Makes a technical change.
No longer specifies that the act applies beginning with the 2024-25 school year.
House committee substitute to the 2nd edition makes the following changes.
Revises new GS 147-86.19 as follows. Removes the term cryptocurrency and replaces it with central bank digital currency, defined as a digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the US Federal Reserve System or a federal agency that is made directly available to a consumer by such entities. Specifies that the term includes a digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the US Federal Reserve System or a federal agency that is processed or validated directly by such entities. Bars a state agency or the General Court of Justice from accepting a payment using central bank digital currency (was, using cryptocurrency). Adds a prohibition on a state agency or the General Court of Justice from participating in any test of central bank digital currency by any Federal Reserve branch. Adds a severability clause. Amends the act's titles.
Intro. by Warren, Brody. | GS 147 |
House committee substitute to the 1st edition makes the following changes.
Amends the conditions for the issuance of a temporary new resident permit under GS 14-415.15 as follows. Specifies that the requirement are notwithstanding the requirement that an applicant for a concealed handgun permit must reside in this State for 30 days. No longer requires the person to have applied for a concealed handgun permit from North Carolina within 120 days of establishing residency and instead requires the person to submit to the sheriff the items required for a concealed handgun permit application under GS 14-415.13(a)(1) (an application, completed under oath, on a form provided by the sheriff, and such application form must be provided by the sheriff electronically), (a)(2) (a nonrefundable permit fee), (a)(3) (a full set of fingerprints of the applicant administered by the sheriff), and (a)(5) (a release, in a form to be prescribed by the Administrative Office of the Courts, that authorizes and requires disclosure to the sheriff of any records concerning the mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified for a permit). Amends the duration of the permit so that it is now valid until the earlier of: (1) after submission of the information required by GS 14-415.13(a)(4) (original certificate of completion of an approved course, attesting to the successful completion of the course by the applicant which shall verify that the applicant is competent with a handgun and knowledgeable about the laws governing the carrying of a concealed handgun and the use of deadly force), the sheriff either grants or denies the application for a North Carolina concealed handgun permit; or (2) the information required by GS 14-415.13(a)(4) has not been submitted and 120 days has passed since the issuance of the temporary permit.
Intro. by Cleveland, Adams. | GS 14 |
House committee substitute to the 2nd edition deletes the previous edition in its entirety (was, proposed amendments to the Giglio disclosure process set forth in GS 17C-16 and GS 17E-16) and replaces it with a total repeal of GS 17C-16 and GS 17E-16. Requires the Criminal Justice Standards Division and Justice Officers’ Standards Division to destroy any notifications received pursuant to GS 17C-16 or GS 17E-16 within 60 days of the effective date of the act. Makes conforming changes to the act’s long and short titles.
House amendment to the 1st edition makes the following changes.
Amends appointment of the membership of the 10-member Study Committee on Metropolitan Planning Organizations (Committee) to require that at least two out of the five NC House of Representative appointees to the Committee by the Speaker of the House be in the minority party and that at least two of the five NC Senate appointees to the Committee by the President Pro Tempore of the Senate be members of the minority party.
Intro. by Paré. | STUDY |
House committee substitute to the 1st edition makes the following changes. Now requires the UNC School of Medicine’s Area Health Education Centers (NC AHEC) (was, the Department of Health and Human Services [DHHS]) to consult with the NC Medical Board, DHHS, NC Board of Nursing, NC Board of Pharmacy, and the following professional associations: the NC Nurses Association, NC Medical Society, NC Academy of Family Physicians, and NC Pediatric Society (was, just NC Nurses Association), to gather evidence-based information on sudden unexpected death in epilepsy from publications and nonprofit organizations to create standard information to provide to all health care practitioners in this State. Makes conforming changes to account for new role of NC AHEC. Amends the act's long title.
Intro. by Gillespie, White, Cunningham, Sasser. | STUDY |
House committee substitute to the 1st edition makes the following changes. Specifies that nothing in GS 108A-51.1 applies to mandatory exemptions to work requirements in the food and nutrition services program required pursuant to 7 CFR §273.7(b)(1) or other federal law or regulation.
Intro. by K. Baker, Lambeth, Zenger, Paré. | GS 108A |
House committee substitute replaces the content of the 1st edition with the following.
Amends GS 128-27 (Local Governmental Employees Retirement System) and GS 135-5 (Teachers and State Employees' Retirement System) to allow justice officers (LGERS) and law enforcement officers (LGERS and TSERS) who are 59.5 or a normal retirement age safe harbor designated by the Internal Revenue Code to receive any retirement allowance for which they are otherwise eligible even if they have not retired or otherwise separated from service.
Amends GS 128-24 (LGERS) and GS 135-3 (TSERS) to require payment of a retirement allowance without restriction to beneficiaries who retired on an early or service retirement as a justice officer (LGERS) or law enforcement officer (LGERS and TSERS) and are subsequently employed as a justice officer (LGERS) or a law enforcement officer (LGERS and TSERS) following a bona fide separation from service lasting at least one month. Requires the employer to pay into the System the member's and employer's contribution for the duration of the employment. Prohibits counting this service as membership service that increases the beneficiary's retirement benefits. Details the criteria that must be satisfied for a bona fide separation, including the employer and beneficiary filing sworn affidavits with the System regarding the beneficiary's retirement. Also requires payment of a retirement allowance without restriction when the beneficiary is subsequently employed as a justice officer (LGERS) or a law enforcement officer (LGERS and TSERS) with an employer other than the employer the beneficiary was employed by at the time of retirement.
Amends GS 143-166.41(c) (State law enforcement officers) and GS 143-166.42(c1) (law enforcement officers employed by a local government employer) pertaining to when payments to retired officers cease under the special separation allowances for law enforcement officers to narrow the exemption for when those officers return to certain reemployment with the State/local government to have it only apply as follows: (1) to State law enforcement officers when the reemployment is a public safety position (but not a probation or parole officer) and (2) to local government officers when reemployment is in a public safety position (i.e., a law enforcement officer or justice officer).
Makes conforming changes to GS 143-166.85 (benefits under the Sheriffs’ Supplemental Pension Fund Act of 1985) to delete the provision requiring monthly pension payments under that act to stop upon certain reemployment.
Provides a severability clause.
Requires expiration of provisions which the IRS deems not in compliance with IRS law or regulation, effective 30 days from receipt of the determination by the State Treasurer.
Effective October 1, 2023, and expires October 1, 2027.
Changes the act's short title.
House committee substitute to the 1st edition makes the following changes. Amends definition of nonconforming sign in GS 160D-912.1(a) so that it now means an on-premises advertisement lawfully installed but that does not comply with current ordinances or regulations (was, does not comply with ordinances or regulations due to changed conditions). If a local government chooses to pay monetary compensation to an owner for a nonconforming sign under GS 160D-912.1(b), the local government must remove the sign at a time mutually agreed upon by the owner of the sign and the government (previously, no provision concerning mutually agreed upon time). If the local government chooses the reimbursement option, then the sign owner must now bring the sign into compliance with the current regulations in a timely manner. Clarifies that the local government may bring an action in superior court to determine both compensation or reimbursement if the parties are unable to agree on the amount of compensation or reimbursement. Makes organizational changes.
Intro. by Crutchfield. | GS 160D |
House committee substitute to the 1st edition makes the following changes. Amends new GS 75-152 by deleting defined term commerce and adding defined term Department (NC Department of Commerce). Amends term large social media platform to specify that the service must have more than 30,000 monthly active users in the State (was, 1 million monthly active users in the United States) or generates more than $15 million in annual gross revenue from activities in the State (was, had to generate more than $500 million in annual gross revenue, adjusted annually for inflation). Amends term large social media provider to specify that the term does not include the following: (1) an Internet service provider, electronic mail, or online service application; (2) a website consisting primarily of news, sports, entertainment, or other information or content that is not user generated but is preselected or curated by the provider and for which chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of that information or content; (3) interactive video game service; or (4) e-commerce or online shopping. Amends definition of third-party safety software provider to delete requirement that the person is engaging for commercial purposes or affecting commerce.
Amends new GS 75-155 (was enforcement) to pertain to permits and rulemaking. Requires every large social media platform provider to obtain a permit from the Department before operating in the State. Requires a nonrefundable application fee of $1,000. Requires annual renewal with same fee. Provides for a form. Requires that the application must contain enough information to confirm compliance with the act. Permits the Department to retain the fees and use them for its operations and to issue rules to implement the act. Reorganizes the enforcement provision to GS 75-156.
Intro. by McNeely, Cotham, Johnson. | GS 75 |
House committee substitute to the 1st edition makes the following change.
Amends GS 15A-1465 as follows. Reinstates the provisions that allow the director to apply for and accept on behalf of the North Carolina Innocence Inquiry Commission (Commission) other sources of funding than government grants. Adds that the acceptance of private gifts and donations does not create any obligation for the Commission. Gives the Director of the North Carolina Innocence Inquiry Commission (Director) the sole authority to direct the use of private gifts and donations.
Deletes proposed changes to GS 15A-1466 and GS 15A-1467.
Deletes the proposed changes to the Commission's proceedings under GS 15A-1468 and instead makes the following changes. Extends the time a prehearing conference must be held to 30 days (was, 90 in previous edition and 10 in current law) before any proceedings of the full Commission. Adds that the Commission may call for a prehearing conference at any time the Commission has developed credible evidence to support a claim of factual innocence. Requires when Commission hearing is continued for any reason, that at least 10 days before the newly scheduled hearing a subsequent prehearing conference be held to discuss any newly developed evidence was not previously provided. Gives the district attorney, or designee, and the claimant's counsel the ability to access, review, and inspect the Commission's entire case file at least 60 days prior to the Commission hearing (was, the District Attorney, or designee, shall be provided (i) an opportunity to inspect any evidence that may be presented to the Commission that has not previously been presented to any judicial officer or body and (ii) any information that the District Attorney, or the District Attorney's designee, deems relevant to the proceedings). Requires the Commission to present and make the information available in a reasonably organized manner that it not to be overly burdensome to the Commission, the district attorney, or the claimant's counsel. Allows the district attorney to provide the Commission with a written statement, at least 10 days before a Commission hearing (was, at least 72 hours before a Commission proceeding), which is part of the record. Adds that the Commission has an ongoing duty to provide any newly discovered evidence to the district attorney and the claimant's counsel until the hearing begins. Requires that evidence not provided to the district attorney and the claimant's counsel in the initial release of information to be provided at least 10 days prior to the Commission hearing. Requires the Commission to keep a clear record of which materials have been previously made available for review and inspection. Requires the victim to be notified at least 10 (was, 30) days before initial prehearing conference. Adds that the Director is allowed to notify the victim at an earlier date in the proceedings. Adds to the individuals to whom evidence favorable to the convicted person disclosed through formal inquiry or Commission proceedings must be disclosed to include the district attorney, or the district attorney's designee, of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based.
Amends GS 15A-1469 by amending who must provide to the other parties any evidence each intends to introduce at the evidentiary hearing, at least 10 days prior to the evidentiary hearing, to include the district attorney and the claimant's counsel (was, the district attorney, defense counsel, and the Commission). Maintains other changes made to the statute in the previous edition.
Makes additional technical changes.
Intro. by Pyrtle. | GS 15A |
House committee substitute to the 1st edition makes the following changes.
In the new GS 143-300.1B, defines health, human, and welfare services in subdivision (a)(1) as any services provided by the Department of Health and Human Services (DHHS) and its various divisions, in conjunction with or through nongovernmental organizations. This definition was previously health care services, and referenced the definition in GS 90-21.50 regarding DHHS services. Makes conforming changes throughout the section to use “health, human, and welfare services” in place of “health care services.”
In the new GS 143-300.1C, makes an identical change to the definition of health, human, and welfare services in subdivision (a)(1) and removes health care services. Makes conforming changes throughout the section in the same manner. Amends subsections (e) and (g) of the section to correct a reference to the monetary limits as applied in “subsection (d).” Previously the subsections referenced “subsection (c),” which was erroneous.
Intro. by Chesser, Wheatley, Willis. | GS 143 |
House committee substitute to the 1st edition makes the following changes.
Amends both GS 159-34 (annual independent audit of local governments) and GS 115C-447 (annual school independent audits) to change the entity certifying auditors back to the Local Government Commission (LGC) (was, State Auditor). Makes conforming changes to remove references to the State Auditor throughout both GS 159-34 and GS 115C-447. Requires both the CPA or the accountant conducting the audit to be certified by the LGC (was, CPA or accountant, who shall be certified by the State Auditor). Amends the sealed bid process for both entities to allow each entity, upon opening the sealed bid, to determine that the auditor cannot meet the audit schedule of entity or has performed inadequately on a prior audit of the entity, then entity may reject that sealed bid and solicit sealed bids again in accordance with the act. Now allows each entity tp solicit sealed bids annually but requires it to be done at least once every five years. Makes technical changes. Makes conforming changes to the act’s long title.
House committee substitute to the 1st edition makes the following changes.
Deletes whereas clauses.
Changes the title of new Article 1M, to Surgical Gender Transition Procedures on Minors (was, Youth Health Protection Act), of GS Chapter 90. Deletes Article 1M’s prohibition for an individual to engage in any of the following practices upon a minor, or cause them to be performed for the purpose of attempting to alter the appearance of or affirm the minor's perception of his or her gender or sex, if that is inconsistent with the minor's sex: (1) performing surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, or penectomy; (2) performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual's sex, including metoidioplasty, phalloplasty, and vaginoplasty; (3) performing a mastectomy; (4) prescribing, administering, or supplying gonadotropin releasing hormone analogues or other synthetic drugs used to stop luteinizing hormone and follicle stimulating hormone secretion, synthetic antiandrogen drugs used to block the androgen receptor, or any drug to suppress or delay normal puberty; (5) prescribing, administering, or supplying testosterone, estrogen, or progesterone to a minor in an amount greater than would normally be produced endogenously in a healthy individual of that individual's age and sex; (6) removing any otherwise healthy or nondiseased body part or tissue. Now provides that it is unlawful for any physician or other health care provider to provide surgical gender transition procedures to any individual under 18 years of age, except as provided in Article 1M. Specifies that a physician or other health care provider may not refer any individual under 18 years of age to any health care provider for surgical gender transition procedures. Deletes old defined terms and enacts ten newly defined terms, including gender reassignment surgery, genital gender reassignment surgery, and non-genital gender reassignment surgery. Deletes exemptions to prohibition except for exemption authorizing treatment of any infection, disease, or disorder that has been caused or exacerbated by the performance of a procedure described in the act, whether or not the procedures were performed in accordance with State or federal law and exemption authorizing procedure if death or substantial bodily injury is imminent. Now provides that a physician or other health care provider is not prohibited from providing any of the following additional procedures to a minor: (1) services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are unresolvedly ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with under-virilization, or having both ovarian and testicular tissue; (2) services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (3) breast reduction procedures for a female patient causing a physical disorder; (4) any procedure, including defined term non-genital gender reassignment surgery, which a treating physician is medically necessary to treat a physiological condition. Specifies that Article 1M does not require any person to perform surgical gender transition procedures. Amends GS 143C-6-5.6 to only require that state funds not be used for surgical gender transition procedures for individuals under 18 years of age (was, all gender transition procedures for any person, regardless of age).
Deletes provisions pertaining to aiding/abetting liability for medical professionals, parental consent and required disclosure, professional misconduct provisions, civil remedies, preemption, and whistleblower provisions (all of GS 90-21.142-GS 90-146). Deletes proposed amendments to GS 90-21.5 (pertaining to consent of a minor for certain medical health services) which would have deleted all provisions of the article that allow minors to consent to certain medical services, including certain mental health services as well as the provision requiring a health care provider to obtain parental consent before administering a vaccine that has been granted emergency use authorization. Section would’ve only been limited to emancipated minors.
Amends the act's titles.
Amends new GS 131E-88 to now require that hospitals with emergency departments (ED’s) conduct a security risk assessment and then develop the required protocols to ensure that at least one law enforcement officer is present at all times in the ED or the same campus as the ED (previously, no security risk assessment required), unless excluded by a determination of the Department of Health and Human Services (DHHS) under new subsection GS 131E-88(c). Adds subsection (c), which specifies that a hospital is not required to have at least one law enforcement officer present in the emergency department or on the hospital campus at all times if the hospital in good faith determines that a different level of security is necessary and appropriate for any of its ED’s based upon findings in the security risk assessment required under GS 131E-88. Requires that a hospital that determines that a different level of security is necessary and appropriate must include the basis for that determination in its security risk assessment and request an exemption for this requirement from DHHS. The hospital must also provide appropriate hospital workplace violence prevention program training, education, and resources to staff, practitioners, and non-law enforcement officer security personnel. Makes conforming changes.
Amends new GS 131E-88.2(a) (annual AOC report requirement on certain crimes) to change the due date to September 1 (was December 15) and to specify that the entities receiving the report is DHHS, Division of Health Services Regulation (Division) and to remove the specified NCGA committee from those entities. Requires the Division to collect the following data from hospitals for the preceding calendar year: (1) the number of assaults occurring in the hospital or on hospital grounds that required the involvement of law enforcement, whether the assaults involved hospital personnel, and how those assaults were pursued by the hospital and processed by the judicial system, (2) the number and impact of incidences where patient behavioral health and substance use issues resulted in violence in the hospital and the number that occurred specifically in the emergency department, and (3) the number of workplace violence incidences occurring at the hospital that were reported as required by accrediting agencies, the Occupational Safety and Health Administration, and other entities, by September 1 of each year. Requires DHHS to compile the report information required by GS 131E-88.2, including any recommendations to decrease the incidents of violence in hospitals and to decrease assaults on hospital personal, and to report this information to the specified NCGA committee by December 1 of each year. Specifies that these annual reporting requirements begin on the specified due dates in 2025.
Changes the act’s general effective date to October 1, 2024 (was, October 1, 2023).
Makes conforming and organizational changes.
Intro. by Reeder, Miller, Pyrtle. | GS 131E |
House committee substitute to the 1st edition makes the following changes.
Divides the provision of new GS 143-166.4 into two new statutes, GS 143-166.4, applicable to State law enforcement officers, and new GS 143-166.5, applicable to local law enforcement officers, and makes the following changes to those provisions.
For State law enforcement officers, amends the amount of the separation allowance so that it is equal to 0.85% of the annual equivalent of the base rate of compensation at the time the officer attained 30 years of service times 30 (was, equal to 0.85% of the annual equivalent of the base rate of compensation at 30 years of creditable service). Defines creditable service to mean the service for which credit is allowed under the retirement system of which the officer is a member, provided that at least 50% of the service is as a law enforcement officer or as a probation/parole officer (probation/parole officer was not previously included). Excludes the first day of reemployment by any State department, agency, or institution of an officer returning to State employment in a position exempt from the North Carolina Human Resources Act in any agency other than the agency from which that officer retired from the events that trigger stoppage of the payments. Allows the Director of the Budget to authorize from time to time the transfer of funds within the budgets of each State department, agency, or institution necessary to carry out the purposes of this Article; requires the funds to be taken from those appropriated to the department, agency, or institution for salaries and related fringe benefits. Makes conforming changes throughout the statute to make provisions applicable at a state, instead of local, level. Makes additional technical changes.
Amends new GS 143-166.5, applicable to local law enforcement officers, as follows. Amends the amount of the separation allowance so that it is equal to 0.85% of the annual equivalent of the base rate of compensation at the time the officer attained 30 years of service times 30 (was, equal to 0.85% of the annual equivalent of the base rate of compensation at 30 years of creditable service). Makes additional technical changes.
Amends the act's titles.
Intro. by Pyrtle, Cotham, Miller, Moss. | GS 143 |
House committee substitute to the 1st edition makes the following changes. Deletes changes to GS 7B-1906(b) that would have mandated that a juvenile being held in secure or nonsecure custody for an offense that would be a Class A felony if committed by an adult is not entitled to the subsequent hearings on the need for secure or nonsecure custody held in 10-day intervals under that subsection. Amends subsection (b1)(2) to now include any juvenile who was aged 13 through 15 at the time they allegedly committed an offense that would be a Class A felony if committed by an adult (was, just a juvenile who is alleged to have committed an offense that would be a Class A felony if committed by an adult) to the criteria under that subsection for continued hearings on secure custody at 30-day intervals. Amends GS 15A-533 to increase the number of listed offenses from 14 to 18 that trigger a judicial determination of whether a defendant should be released before trial. Those 18 offenses are now: (1) GS 14-17 (First or second degree murder) or an attempt to commit first or second degree murder, (2) GS 14-39 (First or second degree kidnapping), (3) GS 14-27.21 (First degree forcible rape), (4) GS 14-27.22 (Second degree forcible rape), (5) GS 14-27.23 (Statutory rape of a child by an adult), (6) GS 14-27.24 (First degree statutory rape), (7) GS 14-27.25 (Statutory rape of person who is 15 years of age or younger), (8) GS 14-27.26 (First degree forcible sexual offense), (9) GS 14-27.27 (Second degree forcible sexual offense), (10) GS 14-27.28 (Statutory sexual offense with a child by an adult), (11) GS 14-27.29 ( First degree statutory sexual offense), (12) GS 14-27.30 (Statutory sexual offense with a person who is 15 years of age or younger), (13) GS 14-43.11 (Human trafficking), (14) GS 14-32(a) (Assault with a deadly weapon with intent to kill inflicting serious injury), (15) GS 14-34.1 (Discharging certain barreled weapons or a firearm into occupied property), (16) First degree burglary pursuant to GS 14-51, (17) First degree arson pursuant to GS 14-58, and (18) GS 14-87 (Robbery with firearms or other dangerous weapons) (previously, no statutory citations listed in citations and offenses were first or second degree murder, kidnapping, rape, or sexual offense; attempted murder; first degree statutory rape, statutory rape of or sexual offense against a child by an adult; statutory rape of or sexual offense against a person who is 15 years of age or younger; human trafficking; assault with a deadly weapon with intent to kill inflicting serious injury; discharging a firearm or barreled weapon into occupied property or any other conveyance while the property or conveyance is occupied; first degree burglary or arson; or robbery with a dangerous weapon).
House committee substitute to the 1st edition makes the following changes. Makes a technical change to new GS 131D-10.2C (allowable number of children in family foster home). Makes a technical change to Section 2 which requires the Social Services Commission (Commission) to adopt temporary rules to implement GS 131D-10.2C. Requires the Department of Health and Human Services, Division of Social Services or appropriate agency to submit an amended State Plan (was, updated) to the United States Secretary of Health and Human Services for approval in accordance with 42 U.S.C. § 671 to maintain federal funding for foster care maintenance payments, if necessary to implement the act. Amends the effective date of Section 1 of the act to now provide that it is effective on October 1, 2023, if a State Plan amendment is not necessary to implement GS 131D-10.2C, as enacted in Section 1. Section 1 of this act becomes effective on the date that the amended family foster care home rule is approved by the US Secretary of Health and Human Services in accordance with Section 3 of this act, if applicable, to implement GS 131D-10.2C, as enacted in Section 1 of this act. Requires the Secretary of the North Carolina Department of Health and Human Services to report to the Revisor of Statutes the applicable effective date once known.
Intro. by Chesser, Loftis, Reeder, Willingham. | GS 131D |
House committee substitute to the 1st edition makes the following changes.
Part I.
Amends new GS 115C-562.2(b2), making the described opportunity scholarship eligibility determinations apply beginning with the 2024-25 school year rather than the 2023-24 school year. Makes technical change.
Amends the required information from State agencies required for verification of scholarship eligibility as set forth in GS 115C-562.3(a) to require that certain acceptable evidence of domicile within the State be current or unexpired.
Amends the proposed changes to GS 115C-562.8 to maintain the existing name of the Opportunity Scholarship Grant Reserve (Reserve). Increases the amounts of the proposed increased appropriations from the General Fund to the Reserve for fiscal years 2025-26 and thereafter. Makes technical changes.
Limits the requirements regarding certification of domicile and other eligibility requirements to the 2024-25 school year (previously, included 2023-24).
Replaces the directives regarding the transfer of funds from the Reserve for the 2023-24 year and the proposed appropriations for the 2024-25 school year. Instead provides the following. Appropriates from the General Fund to the Reserve $87 million and $163 million in nonrecurring funds for 2023-24 and 2024-25, respectively.
Makes the provisions of Part I effective July 1, 2023 (was, June 30, 2023), and apply to applications for scholarship grants beginning with the 2024-25 school year (was, 2023-24 school year).
Parts II and III.
Deletes the proposed changes to GS 115C-12 requiring the State Board of Education to develop a sequence of courses available in all public school units to allow a student to complete the credits required for graduation in three years. Eliminates the coordinating changes to GS 115C-12, GS 115C-47, GS 115C-218.75, and 115C-238.66, and coordinating reporting and rulemaking requirements.
Deletes the proposed Early Graduate Scholarship Program set forth as Part 6, Article 23, GS Chapter 116.
Changes the act's long title.
Intro. by Cotham, Willis, Loftis. | GS 115C |
House committee substitute to the 1st edition makes the following changes. Deletes repeal of GS 115C-270(a)(4a)b. Instead amends that section as follows. Makes the limited license renewable instead of nonrenewable. Deletes provisions pertaining to a provisional out-of-state license. Makes requirements for in-state provisional licenses more broadly applicable. Now requires that applicants fulfill both of the following requirements (was, either of these requirements): (1) the individual was issued an initial professional license (IPL) or residency license (RL), but failed to fulfill examination requirements under GS 115C-270.15 after three years of licensure and (2) the local board of education submits to the State Board an affidavit stating that the teacher is currently employed by that local board, is an effective teacher, and will be encouraged to continue to pursue a continuing professional license (CPL). Deletes proposed new subsection GS 115C-270.20(e). Amends GS 115C-270.25 (out-of-state license applicants) to delete requirement that applicants provide evidence of teacher’s effectiveness. Requires the State Board of Education to grant a CPL to a teacher licensed in another state with substantially similar licensure requirements who has at least three years of teaching experience and is in good standing with the other state.
Amends GS 115C-270.30(b), by requiring the rules for continuing licensure for teachers to include for a teacher renewing a limited license, an affidavit from the employing local board of education signed by both the principal and superintendent for the school to which the teacher is currently assigned. Sets out three items that must be included in the affidavit concerning employment and effectiveness. Specifies that for limited license renewals that occur on or before July 1, 2025, the State Board of Education must only require the teacher to meet the licensure renewal requirements in new GS 115C-270.30(b)(6).
Amends the act's titles.
Intro. by Cotham. | GS 115C |
The Daily Bulletin: 2023-05-02
Senate committee substitute to the 1st edition makes the following changes.
Creates new GS 130A-330 (Local authority to prevent backflow preventers), which prohibits water systems owned by local government units from requiring a customer to install a backflow preventer unless required by state or federal law, or to prevent a severe hazard from the customer’s connection. Provides definitions of backflow preventer and severe hazard. Specifies that the prohibition should not be construed to prevent installation of a backflow preventer if required by the State Plumbing Code due to retrofit or facility addition on the property.
Amends the titles to reflect the new section’s contents.
Removes changes to GS 160A-312 and GS 153A-275 requiring a public enterprise to bear the cost of complying with an adopted rule if the rule applies to a customer who had previously received approval to connect to the public enterprise system.
Removes new section GS 162A-900 (Certain costs of customer compliance to be borne by authority or district), which applied to costs applicable for a customer who had previously received approval to connect to the applicable water or sewer system.
Removes new section GS 130A-64.2 (Certain costs of customer compliance to be borne by sanitary district) which applied to costs applicable for a customer who had previously received approval to connect to the applicable water or sewer system.
Intro. by Krawiec, Jarvis, Lowe. | GS 130A |
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 30-17(a) to increase the age limit for a decedent’s child entitled to receive an allowance for support from 18 years to 21 years of age. Increases the amount of allowance for support from $5,000 to $10,000 for the year after decedent’s death.
Makes the changes to Article 4, GS Chapter 30, and GS 28A-15-10 effective and applicable to decedents dying on or after December 1, 2023. Makes the changes to GS 31-5.4 and GS 36C-6-606 effective and applicable to wills probated on or after that date. Makes the rest of the act effective December 1, 2023.
Senate amendments to the 2nd edition makes the following changes. Amendment #3 amends new GS 126-14.5(d)(1) (prohibiting compelled speech) to specify that the new law should not be construed to prohibit discussion with an applicant regarding their curriculum vitae or other written work or oral remarks, in addition to their resume. Amendment #2 changes the effective date of the act to July 1, 2023 (was, when the act became law).
Intro. by Daniel, Johnson, Overcash. | GS 126 |
Senate committee substitute to the 1st edition makes the following changes.
Deletes amendments to GS 47C-3-118 (pertaining to the North Carolina Condominium Act) and GS 47F-3-118 (pertaining to the North Carolina Planned Community Act) that required the association, upon written request, to give a unit or lot owner, respectively (or the owner's authorized agents), the contract(s) between the association (as defined) and the community association manger (as defined) related to the management of the association. Deletes requirement to provide either a physical copy of the contract or allowing review of the contract in person. Instead, narrows the scope of the records to be provided by amending GS 47C-3-118 and GS 47F-3-118 to provide that a unit/lot owner or their authorized agent is entitled to inspect and copy, at a reasonable time and location governed by the association, any contract entered into by the association authorizing a managing agent to exercise any of the powers granted to the association, if the unit owner gives the association written notice of the demand at least five business days before the date on which the unit owner wishes to inspect and copy.
Makes conforming changes to act’s long title.
Senate amendment to the 1st edition makes the following changes.
Further amends GS 130A-412.31 by adding that a person 16 or 17 years old may give or donate blood with the written consent of the donor's parent or guardian. Makes a technical changes. Amends the act's titles.
Intro. by Hise, Mayfield. | GS 130A |
Senate committee substitute to the 1st edition makes the following changes.
Amends the title to remove “and to remove the requirement that applications for licensure and certain financial reports be notarized.”
Removes the changes to GS 131F-6(a), GS 131F-15, and GS 131F-16, all of which eliminated requirements for signing or certifying under oath.
Intro. by Moffitt, Woodard, Alexander. | GS 131F |
Senate amendment to the 2nd edition makes the following changes.
Section 2
Amends new GS 143B-1042 by amending the requirements for contracts awarded or assigned by the Office of Recovery and Resiliency (Office) that are related to detached single-family dwellings and are funded with funds from the Community Development Block Grant Disaster Recovery program, to now provide that notwithstanding any contrary law, the Office must contract for a comparable sized dwelling, not to exceed a 15% difference from the pre-disaster dwelling size, except as is reasonably necessary due to lot setback requirements, building or safety code requirements, or local use or standard requirements of the property. Requires applications to be given the chance to further reduce the replacement square footage at their sole discretion and behest.
Replaces the proposed change to GS 143-53.1 with the provision limiting the bid value benchmark, notwithstanding any other provision of law, to no greater than $250,000 for Community Development Block Grant Disaster Recovery funds available to the Office.
Amends GS 143-131 by adding that the Office must, notwithstanding GS 143-129 and GS 143-131, use GS 143-135.9 and award construction contracts as best value procurements.
Senate committee substitute to the 2nd edition makes the following changes.
Adds a new Part VI that amends GS 55-16-02 (Inspection of records by shareholders) to create a right for a qualified shareholder of a corporation to inspect the records of subsidiaries as long as the corporation has actual possession and control of the records, or could obtain the records through the exercise of control over the subsidiary and, as of the date of the demand, the qualified shareholder inspection of the books and records of the subsidiary would not constitute a breach of an agreement between the corporation or the subsidiary and a person not affiliated with the corporation. Defines subsidiary in GS 55-16-01.1(5). Effective and applies to written demands for inspection given on or after October 1, 2023. Makes conforming organization changes and changes the act's long title.
Senate committee substitute to the 1st edition adds the following content.
Amends GS 29-19 (pertaining to succession by, through, and from children born out of wedlock) to delete the requirement that a father must also file the writing acknowledging the child born out of wedlock with the clerk of superior court of the county where either the father or child resides. Makes technical change.
Amends GS 50-16.1A to define cohabitation to mean the act as provided in GS 50-16.9 (act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship). Amends GS 50-16.3A by prohibiting a court from awarding alimony if the court finds that the dependent spouse engages in cohabitation at any time during the marriage until a degree of divorce. Amends GS 50-16.2A by adding that if the court finds that the dependent spouse participated in an act of illicit sexual behavior during the marriage and before or on the date of separation, the court must not award postseparation support. Also prohibits postseparation support if the court finds that the dependent spouse engages in cohabitation at any time during the marriage until a decree of divorce. Effective October 1, 2023.
Amends the act's titles.
Senate amendment to the 2nd edition makes the following changes. Amends GS 162A-201(9)f (definition of system development fee) to now specify that it includes a charge or fee paid by one local government unit to another local government unit for capacity in, or reserve capacity supplied by, capital improvements or facilities. (Prior edition did not specify the payee). Amends GS 162A-205(10) (prong of analysis for system development fee) to now specify that the analysis includes any purchased capacity in, or reserved capacity supplied by, capital improvements or facilities owned by another local government unit as part of the local government unit's overall capacity in capital improvements (in prior edition purchase and reserve were present tense). Makes clarifying changes to GS 162A-211(4) (use and administration of revenue).
Correction: Amends GS 58-86-35, GS 58-86-40, and GS 58-86-45, increasing monthly member payments to the NC Firefighters' and Rescue Squad Workers' Pension Fund (Pension Fund) from $10 to $20 (not $25) as it applies to new and current members and workers seeking retroactive membership.
Senate committee substitute amends the 1st edition as follows.
Deletes new Article 85, State Employee Retirement Protection Act, in GS Chapter 143.
Amends GS 147-69.7(b) regarding the duties of the State Treasurer in investing and managing assets of funds and programs held by the Treasurer. Eliminates existing authority to consider benefits created by an investment in addition to investment returns only if the State Treasurer determines that the investment providing collateral benefits would be prudent even without the collateral benefits. Adds a new requirement for the State Treasurer, in the evaluation of an investment or evaluation or exercise of any right appurtenant to an investment, consider only pecuniary factors. Defines pecuniary factor to mean one that has a material effect on the financial risk or financial return of an investment based on appropriate investment horizons consistent with the purpose of the fund. Provides for limited evaluation of environmental or social considerations as pecuniary factors. Adds authority for the State Treasurer to, in the evaluation or exercise of any right appurtenant to an investment, reasonably conclude that not exercising such a right is in the best interest of the fund's beneficiaries.
Makes conforming changes to the act's effective date provision.
The Daily Bulletin: 2023-05-02
The Daily Bulletin: 2023-05-02
Senate committee substitute replaces the 1st edition with the following. Suspends the authority of the Town of Leland to annex territory pursuant to Article 4A, GS Chapter 160A. Excludes petitions for voluntary annexation executed on or before March 1, 2023. Changes the act's titles.
Intro. by Rabon. | Brunswick, Columbus, New Hanover |
Actions on Bills: 2023-05-02
H 23: EDUCATION STUDIES AND OTHER CHANGES. (NEW)
H 55: FIRE INVESTIGATION LAW REVISIONS.
H 145: SOCIAL SERVICES REFORM.
H 178: MAINTENANCE OF STATE VETERANS CEMETERIES.
H 189: FREEDOM TO CARRY NC. (NEW)
H 198: DOT LEGISLATIVE CHANGES.-AB
H 199: DMV PROPOSED LEGISLATIVE CHANGES.-AB
H 215: GENERAL ASSEMBLY/"IN GOD WE TRUST" DISPLAY.
H 219: CHARTER SCHOOL OMNIBUS.
H 270: DEATH BENEFITS PARITY.
H 311: HOUSE SELECT COMMITTEE ON HOAS. (NEW)
H 316: RESPIRATORY CARE MODERNIZATION ACT.
H 317: UNC OMNIBUS.
H 332: STREAMLINE COMM./MULTIFAM. BLDG. PLAN REVIEW.
H 363: THE GABE TORRES ACT.
H 408: CHARLOTTE FC SPECIAL REGISTRATION PLATE.
H 487: POW/MIA FLAGS/STATE BLDGS & SCHOOLS.
H 488: CODE COUNCIL REORG. AND VAR. CODE AMEND.
H 492: POST NC VETERANS' BENEFITS.
H 560: DIAGNOSTIC IMAGING PARITY.
H 576: HEALTH CARE PRACTITIONER TRANSPARENCY ACT.
H 586: YULIA'S LAW. (NEW)
H 594: DIS. VETERAN HOMESTEAD EXCL. PREQUALIFICATION.
H 599: UNFAIR ADVERTISING/FOOD DELIVERY PLATFORMS.
H 601: COMM. COLLEGES FUNDING & ACCOUNTABILITY STUDY.
H 603: TEMPORARY EVENT VENUES.
H 607: PROHIBIT COMPELLED SPEECH/HIGHER ED.
H 608: SAFETY REQUIREMENTS FOR ELEVATORS.
H 612: EXPAND CRIMINAL JUSTICE FELLOWS PROGRAM.
H 618: CHARTER SCHOOL REVIEW BOARD.
H 621: 3-YEAR FDA APPROVAL FOR NEW CHILDHOOD VAXX.
H 627: ON-SITE WASTEWATER RULES IMPLEMENTATION.
H 628: AMEND ON-SITE WASTEWATER/ENVIRONMENT STATUTES.
H 647: EXPEDITE CHILD PERMANENCY.
H 661: EMERGENCY SERVICES PEER COUNSELING PRIVILEGE.
H 674: CHILD ADVOCACY CENTERS/SHARE INFORMATION.
H 684: PRESCRIPTION EYE DROP EARLY REFILL COVERAGE.
H 687: CLARIFY VACANCY FILLING PARTISAN BD. OF ED.
H 690: NO CENTRL BANK DIGITAL CURRENCY PMTS TO STATE. (NEW)
H 691: NEW RESIDENT/TEMPORARY CONCEALED CARRY PERMIT.
H 693: REPOSSESSION OF MANUFACTURED SIGN.
H 704: REPEAL GIGLIO NOTIFICATIONS. (NEW)
H 707: ASSAULTS ON FIRST RESPONDERS & SOCIAL WORKERS.
H 717: STUDY MPOS.
H 719: SBI EMERGENCY PEN REGISTER/TRAP AND TRACE.
H 735: PRESUMPTION OF SHARED PARENTING.
H 736: JOEL H. CRISP SUDEP AWARENESS LAW.
H 739: UPDATE REQS./ADVANCE HEALTH CARE DIRECTIVES.
H 747: NO WORK REQUIREMENT EXEMPTION/FNS BENEFITS.
H 750: ADDRESS ESG FACTORS.
H 765: PUBLIC SCHOOL MEDICAL ASSISTANTS.
H 768: LEO RETURN TO WORK FROM RETIREMENT. (NEW)
H 771: COMPENSATION FOR ON-PREMISES SIGN UPGRADES.
H 773: LET PARENTS CHOOSE/SAMMY'S LAW OF 2023.
H 774: BUSINESS MICROLOAN PROGRAM.
H 790: INNOCENCE INQUIRY COMMISSION PROVISIONS.
H 798: NC ACCOUNTABILITY/SAFETY NET.
H 799: LOCAL GOVERNMENT AUDITS.
H 808: GENDER TRANSITION/MINORS. (NEW)
H 809: HOSPITAL VIOLENCE PROTECTION ACT.
H 810: ALTERNATIVE LEO SPECIAL SEPARATION ALLOWANCE. (NEW)
H 813: THE PRETRIAL INTEGRITY ACT.
H 815: THE LOVING HOMES ACT.
H 823: ELIMINATE SCHOOL CHOICE WAITLISTS. (NEW)
H 824: TEACHER LICENSURE CHANGES. (NEW)
H 856: FUNDS FOR EASTERN TRIAD WORKFORCE INITIATIVE.
S 20: CARE FOR WOMEN, CHILDREN, AND FAMILIES ACT. (NEW)
S 112: GSC CONVEYANCES BETWEEN SPOUSES.
S 124: INSURANCE REBATE REFORM.
S 166: 2024 BLDG. CODE REGULATORY REFORM. (NEW)
S 218: ESTATES & TRUSTS CHANGES.
S 240: PERMIT CHOICE/CERTAIN AIRPORT AUTHORITIES.
S 299: REIMBURSE LATE AUDIT COSTS WITH SALES TAX REV.
S 318: NATIVE PLANTS ACT.
S 319: CAPTIVE INSURANCE REVISIONS.
S 321: MEDICAL DEBT DE-WEAPONIZATION ACT.
S 325: LIMIT ONLINE MARKETPLACE REGULATIONS.
S 329: RETAIL INSTALLMENT SALES ACT AMENDMENTS.
S 332: MODIFY BEACH PLAN POLICY LIMITS.
S 355: CLARIFY DEFINITION/PROPERTY-HAULING VEHICLES.
S 356: CLARIFY MOTOR VEHICLE DEALER LAWS.
S 357: VARIOUS MOTOR VEHICLE LAW REVISIONS.
S 364: NONDISCRIMIN & DIGNITY IN STATE WORK. (NEW)
S 376: EXPANDING MEMBERS' ACCESS TO HOA RECORDS.
S 389: PARENT CONSENT TO DONATE BLOOD/TECH CORRECT. (NEW)
S 408: PROPERTY TAX MODIFICATIONS.
S 425: MEDICAID AGENCY OMNIBUS.-AB
S 429: MODIFY CHARITABLE SOLICITATION LICENSING LAWS.
S 438: NCORR ADMINISTRATIVE MODIFICATIONS.
S 452: DOI & INS LAW AMD/REVISE HS ATHLETICS (NEW).
S 477: AMEND BUS. CORP. ACT/BUS. OPP. DISCLOSURES.
S 492: ADULT CORRECTIONS/LAW ENF. CHANGES. (NEW)
S 507: CHIROPRACTIC PRECEPTORSHIP MODIFICATIONS.
S 508: 2023 BUDGET TECH/OTHER CORRECTIONS. (NEW)
S 527: ABC OMNIBUS 2023. (NEW)
S 542: DOL OMNIBUS/OTHER CHANGES. (NEW)
S 546: AMD LLC LAWS/PATERNITY DOCS/SPOUSE SUPP. (NEW)
S 549: DEVELOPMENT MORATORIA/TRANSPORTATION PROJECTS.
S 574: AUTHORIZE NIL AGENCY CONTRACTS.
S 579: PREVENT HARM TO CHILDREN.
S 582: NORTH CAROLINA FARM ACT OF 2023.
S 615: ADOPTION LAW/NOTARY CHANGES/GUARDIANSHIP RTS. (NEW)
S 617: ATV SAFETY COURSE WARNING LABEL EXCEPTION.
S 625: CHILD WELFARE, SAFETY AND PERMANENCY REFORMS.
S 636: SCHOOL ATHLETIC TRANSPARENCY.
S 638: MOVE OVER FOR DISABLED VEHICLES.
S 640: VARIOUS CRIMINAL PROCEDURE CHANGES.
S 650: GUN VIOLENCE PREVENTION ACT.
S 673: WATER AND WASTEWATER REGULATORY RELIEF ACT.
S 677: SURVEYORS RIGHT OF ENTRY/EXPED. COMM. BLDG. (NEW)
S 680: REVISE HIGHER ED ACCREDITATION PROCESSES.
S 692: CHANGES IN EDUCATION LAWS. (NEW)
S 729: CBBC WORKING GROUP CHANGES.
S 737: ADDRESS ESG FACTORS.
S 743: TRANSFORMATIONAL INVESTMENTS IN NC HEALTH.
Actions on Bills: 2023-05-02
H 353: WILKES COUNTY OCCUPANCY TAX.
H 593: RESTRICT TRUCK LENGTH THROUGH CULLASAJA GORGE.
S 17: STANLY BD. OF COMM/BD. OF EDUC. (NEW)
S 79: LELAND ANNEXATION MORATORIUM. (NEW)
S 143: PINEHURST-LIMIT COMMERCIAL DEVEL. MORATORIA.
S 169: LOCAL OMNIBUS CHANGES. (NEW)
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