House committee substitute to the 2nd edition makes the following changes.
Adds a new Part to the bill that amends GS 115C-445, which governs the deposit of money collected or received by an officer, employee, or agent of a local school administrative unit or an individual school. Requires that, if the board of education gives its approval, deposits be required only when the money on hand amounts to as much as $1,500 (was, $250). Makes conforming organizational changes.
The Daily Bulletin: 2023-05-03
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The Daily Bulletin: 2023-05-03
House amendment to the 3rd edition makes the following changes.
Removes the provision that authorized 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.
House committee substitute to the 2nd edition makes the following changes.
Deletes the provisions added to GS 7A-414 creating longevity pay for the Executive Director of the Conference of District Attorneys.
Deletes the proposed changes to GS 7A-314 concerning witness and expert fees.
Further amends GS 7A-38.3D(m) and GS 7A-38.7(a) to allow dispute resolution fees paid by an outside source (other than the parties) to be paid directly to a community mediation center. Modifies the proposed changes to GS 7A-38.7 to require the community mediation center providing services to consent to a court's waiver or reduction of dispute resolution fees applied to an entire class of criminal cases by administrative order, or otherwise when the court finds a compliant program exists in the district and that such fee prevents access to a community mediation center. Adds that a community mediation center can withdraw its consent to waive fees assessed for an entire class of criminal cases by providing written notice to the district attorney, who then must file a motion to withdraw with the court.
Makes technical and conforming changes to the act's effective date provisions.
House committee substitute to 2nd edition makes the following changes.
Limits the scope of new GS 160A-499.6 to the cities of Burlington, Greensboro, Greenville, and Winston-Salem (previously proposed to be generally applicable statewide). Modifies the statute to refer to "civilian traffic investigators" (previously referred to as "civilian investigators" or "civilian traffic crash investigators"). Makes conforming changes to GS 20-166.1 and the directive requiring the NCJA to develop a training program for these investigators. Adds reporting requirements for cities authorized to employ civilian traffic investigators to report to the specified NCGA committee by February 1, 2026, on the training and use of civilian traffic investigators. Details required content of the reports, including the number of investigations performed and the cost to the city of the program.
Makes the act effective July 1, 2023, and sunsets the act on June 30, 2026 (was, effective on the date the act becomes law, with no sunset provision). Makes conforming changes to the act's titles.
House committee substitute to the 2nd edition deletes the $100,000 appropriation to the Department of Military and Veterans Affairs that was to be used to implement the act.
Intro. by Wheatley, Penny. | UNCODIFIED |
House amendment to the 1st edition makes the following changes. Amends GS 7A-307(b) (pertaining to fees in collections of personal property by affidavit) to specify that in such actions the fee that must be paid at the time of filing is not the facilities fee and $30 of the General Court of Justice fee, but is now the $10 fee for use of the courtroom and related judicial facilities, the $4 fee for the Court Information Technology Fund, and $106 of the General Court of Justice fee; requires the remainder of the General Court of Justice fee to be paid at the filing of the closing affidavit. Provides for determination of a fee waiver upon written request of the affiant, if (1) the amount to be collected is $5,000 or less and (2) the sole source of the assets of the estate is held in the Escheat Fund pursuant to Article 1A of GS Chapter 116B. Bars any refund of any fees paid by an affiant prior to the submission of a written request for a waiver of fees. Provides for imposing fees if, after receiving a waiver of fees, the affiant collects additional assets that disqualify the affiant from receiving the waiver. Effective January 1, 2024, and applies to affidavits filed on or after that date.
Makes conforming changes to the act’s long title.
House committee substitute to the 2nd edition makes the following changes.
Changes the act's short title.
Amends proposed GS 14-451.36 to make carrying a concealed weapon in: (1) an area prohibited by a rule adopted by the Legislative Services Commission under GS 120-32.1 concerning State legislative buildings and grounds, (2) any area prohibited by 18 USC 922 or any other federal law, or (3) a law enforcement or correctional facility a Class 2 misdemeanor. Makes carrying a concealed weapon on any private premises where notice is given by posting a conspicuous notice or statement by the person in legal possession or control of the premises that carrying a concealed handgun is prohibited, an infraction punishable by a fine of no more than $500. Previously all of the above violations were a Class 1 misdemeanor.
House committee substitute to the 2nd edition makes the following changes.
Removes proposed changes to GS 143C-8-12, concerning Wildlife Resources Commission capital improvement projects.
Amends GS 143C-8-7, concerning when a State agency may begin a capital improvement project, as follows. Allows the Department of Agriculture and Consumer Services to use funds for capital improvement projects with a total project cost of less than $150,00 (was, $125,000) for equipment structures that met the specified description. Adds that Wildlife Resources may use funds for capital improvement projects with a total project cost less than $150,000 for equipment storage or maintenance buildings. Effective July 1, 2023.
House committee substitute to the 2nd edition makes the following changes. Changes the amended statute to GS 115C-47 (was, GS 115C-74) to require local boards of education not consider a student's current or prior enrollment in a charter school in any criteria used by the local school board for determination of admissions or eligibility to any school or special programs.
House committee substitute to the 1st edition makes the following changes.
Amends new GS 14-118.8, limiting the scope of the offense of money laundering to require the person to act knowingly and willingly (was, only knowingly), and requiring the offense to involve proceeds of criminal activity or funds that alone or aggregated exceeds $10,000. Now requires knowledge of the nature of the criminal activity giving rise to the proceeds to establish a culpable mental state (previously, specified knowledge of the specific nature of the criminal activity was not required). Deletes the provisions establishing a presumption of the person's belief that funds are the proceeds of or are intended to further the commission of criminal activity. Adds that it is not a defense to conspiracy to commit the offense of money laundering that the person whom the defendant is alleged to have conspired with was a law enforcement officer or a person acting at the direction of a law enforcement officer that represented to the defendant that the funds are proceeds of or are intended to further the commission of criminal activity. Makes organizational changes and conforming changes.
House committee substitute to the 1st edition makes the following changes. Amends the definition of funeral procession in GS 20-157.1(a) to narrow the scope of the type of lead vehicles that meet the requirements of the definition to: (1) State or local law enforcement vehicle, (2) other vehicle designated by a law enforcement officer, or (3) other vehicle registered by the funeral establishment in accordance with the registration provisions of the act, and displaying a flashing amber or purple light, sign, pennant, flag, or other insignia furnished by a funeral establishment (was, funeral home) indicating a funeral procession. (Removes language allowing the funeral director to designate the lead vehicle and language simply referring to a lead vehicle without the registration requirement.)
Revises GS 20-157.1(b) to specify that a funeral establishment lead vehicle must display and keep activated while leading a funeral procession a flashing amber or purple light that is clearly visible from 500 feet in all directions. Specifies that a lead vehicle operated by a State or local law enforcement officer must give appropriate warning by light or siren during a funeral procession.
Revises GS 20-157.1(c) by setting forth requirements for lead vehicles that are not law enforcement vehicles. Specifies such vehicles must first comply with all traffic-control signs and signals and after stopping, may lawfully progress through any stop sign, flashing red light, or steady-beam red light if the intersection is clear, exercising reasonable care towards any other vehicle or pedestrian. Makes a clarifying change by moving language from GS 20-157.1(e) pertaining to the right-of-way to other vehicles in the procession to subsection (c), so that the statute specifies that once the lead vehicle has crossed the intersection, the remaining vehicles have the right-of-way at intersections, regardless of traffic control signs or signals and may proceed through the intersection without stopping. (Was, just authorized to proceed through the intersection without stopping.) Makes other technical changes. Makes conforming changes to GS 20-157.1(e), (h), and (i).
Amends GS 20-157.1(j1) to require the Department of Transportation (DOT), upon registration, to provide to a funeral establishment informational material on the authorities, responsibilities, and requirements of GS 20-157.1 as applicable to funeral establishments, funeral processions, and funeral establishment lead vehicles. Specifies that the registration fee cannot be charged per vehicle. Amends GS 20-157.1(n)(2) to clarify that only independent contractors who are not State or local law enforcement may be considered agents of the funeral director or funeral establishment for purposes of the immunity provisions set forth in that section so long as the independent contractor meets the other requirements set forth in that subsection.
Requires the Division of Motor Vehicles (DMV) to develop a lead vehicle registration form, a system for accepting the form and any other documentation electronically, to make the form available on its website, and to develop the informational material described above by December 1, 2023.
Amends the effective date so that the provisions barring a vehicle from knowingly driving between vehicles in a funeral procession (GS 120-57.1(i)) are effective December 1, 2023.
Intro. by Alexander. | GS 20 |
House committee substitute to the 3rd edition makes the following changes.
Deletes proposed changes to GS 143-318.11. Makes a conforming deletion in GS 14-318.10. Makes conforming changes to the long title.
Amends GS 143-318.13A to require when public body's remote meeting is held because a member cannot attend due to health issues or due to generally unexpected circumstances, that at least a quorum of the public body attend the open meeting in person.
Intro. by Winslow, Watford, Moss, Cairns. | GS 143 |
House committee substitute to the 1st edition replaces the bill in its entirety with the following.
Enacts new Article 51 to GS Chapter 66, entitled the Pornography Age Verification Enforcement Act (PAVE Act). Defines nine terms. Defines harmful to minors by incorporating the definition from GS 14-190.13 (that quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics: (1) the average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; (2) the average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and (3) the material or performance lacks serious literary, artistic, political, or scientific value for minors).
Specifies that any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material will be subject to civil penalties if the entity fails to perform reasonable age verification methods to verify the age of the individuals attempting to access the material. Provides for an investigation by the Attorney General and a civil action in the Superior Court of Wake County on behalf of the State to assess civil penalties, which cannot exceed $5,000 for each day of violation, subject to legal interest. Allows the court to assess an additional $10,000 penalty for entities that knowingly fail to perform reasonable age verification methods, subject to legal interest. Requires that the civil penalties be collected by the Department of Justice and remitted to the Civil Penalty and Forfeiture Fund. Permits costs and fees, including attorneys’ fees, to be assessed against violators. Allows for the Attorney General to treat each violation as a separate violation or combine multiple violations into one violation. Provides for notice and time for compliance before filing suit. Exempts bona fide news or public interest broadcast, website, video, report, or event from the PAVE Act. Specifies that the PAVE Act should not be construed to affect the rights of any news-gathering organization.
Further specifies that no internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider will be held to have violated the provisions of the PAVE Act for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under the control of that provider, including transmission, downloading, intermediate storage, access software, or other related capabilities, to the extent such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
Effective January 1, 2024, and applies to websites accessed on or after that date.
Intro. by N. Jackson, Carson Smith, Stevens, Biggs. | GS 66 |
House committee substitute to the 2nd edition makes the following changes.
Establishes distinct caps under GS 62-126.5 on the capacity of a solar energy facility leased to an individual customer generator lessee pursuant to GS 62-126.5, based on the type of customer, now limiting capacity to (1) not more than the lesser of 1,000 kW or 100% of contract demand if a nonresidential customer, or (2) not more than 20 kW or 100% of estimated electrical demand if a residential customer (previously capped at a capacity greater than 1 MW or the customer's contract demand which approximates their expected demand, whichever is less). Specifies that the act applies to solar energy facility leases executed on or after July 1, 2023.
Deletes the proposed changes to GS 62-126.4 and GS 62-133.8, which required the Utilities Commission to expand net metering at the applicable net metering rate to customers that own and operate a renewable energy facility with a capacity of not more than 5 MW or the customer's contract demand which must approximate the customer's maximum expected demand, whichever is less.
Changes the act's long title.
Intro. by K. Hall, McNeely, Paré, Carney. | GS 62 |
House committee substitute to the 2nd edition makes the following changes. Amends the definition of claim set forth in GS 1H-2 (definitions provision of Coerced Debt Relief At) to mean a right to payment for any debt, excluding secured debt, whether or not that right is reduced to judgment. (Was, a right to payment, whether or not that right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, or equitable.) Adds defined term secured debt (an obligation for which the payment or performance of is secured by a security interest in real or personal property. Any actions for collection to obtain a final judgment, an order for possession of collateral securing the debt, or to collect any deficiency balance owing after the liquidation of collateral pledged to secure the debt are included in this definition.) Makes conforming changes to account for new term.
Amends GS 1H-3(c) to now specify that new GS Chapter 1H does not apply to any debts that have been reduced to a civil judgment or other court order.
Deletes provisions in GS 1H-5(e) and (f), requiring a debtor to provide notice to a claimant if they are going to file a lawsuit or other action against the claimant in connection with the coerced debt 30 days before filing suit. Deletes provisions preventing a debtor from filing an action against a claimant if the claimant informs the debtor that it has ceased all efforts to collect on the particular debt, or portion thereof, identified in the debtor’s pre-suit notice, discussed above, and the debtor receives a written notice of cessation before the expiration of the 30-day time period discussed above. Makes conforming changes to account for deleted subsections.
Deletes content of GS 1H-6 (providing for complaint counterclaim against a claimant by debtor). Replaces it with content that allows a debtor to assert a coerced debt as an affirmative defense in an action to collect a debt. Requires that the allegations of a coerced debt be pled with particularity with attached supporting documentation. Specifies that a debtor who files knowingly false motions, pleadings, or other papers or engages in other tactics that are frivolous or intended to cause unnecessary delay against a claimant will be liable for the claimant's attorney's fees and costs in defending the lawsuit.
Intro. by T. Brown, Howard, Bradford, Carney. | GS 1H |
House amendment to the 3rd edition makes the following changes. Amends the definition of claim set forth in GS 1H-2 so that it now means a right to payment for any debt, excluding secured debt, whether or not that right is liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, or equitable (prior version had reference to claims reduced to judgment).
Intro. by T. Brown, Howard, Bradford, Carney. | GS 1H |
House committee substitute deletes all provisions of the 1st edition and provides as follows. Directs the Legislative Research Commission (LRC) to study whether the General Assembly should enact the Uniform Partition of Heirs Property Act as well as any other issues the LRC deems relevant regarding partitions of real property. The LRC is to report its findings and any proposed legislation at the convening of the 2024 Session of the General Assembly. Amends the act's titles.
Intro. by K. Hall, White, Reives. | STUDY |
House committee substitute to the 1st edition makes the following changes.
Part I.
Section 1.
Amends GS 19A-32.1 to specify that healthy cats impounded at an animal shelter (was, just shelter) without discernable indication of ownership may be ear-tipped, sterilized, and vaccinated and returned to the place where trapped. Places the following nine new conditions that must be satisfied for the minimum holding requirement for these cats to be waived: (1) the trapping of the cat was conducted in accordance with rules adopted by the Board of Agriculture (Board); (2) when the cat is trapped on private property, the owner of the property where the cat was trapped provides dated, written permission for the animal shelter to trap the cat on the owner's property; (3) the treating veterinarian determines that the cat is healthy enough to undergo the sterilization, microchipping, vaccinations, and other surgeries or procedures required by this subsection or the treating veterinarian; (4) the cat is microchipped by a licensed veterinarian. The microchip must be registered with the name and identification number of the animal shelter that impounded the cat; (5) the sterilization of the cat is conducted by the treating veterinarian; (6) the rabies vaccine is administered by a person authorized to do so pursuant to GS 130A-185; (7) the animal shelter creates a photographic record of the cat, retains that record for a period of at least three years, and makes the record available upon request; (8) before the cat may be released by the animal shelter, the treating veterinarian examines the cat and makes the determination that releasing the cat will not pose an immediate health risk to the cat or the public; and (9) when the cat is released onto private property, the owner of the property where the cat was released provides dated, written permission for the animal shelter to release the cat on the owner's property. Makes technical changes. Makes conforming changes to GS 130A-192 to account for nine factors.
Amends GS 19A-65 (animal shelter’s annual report to the Department of Agriculture and Consumer Services [DACS]) to require animal shelters also report the number of animals transferred to other animal welfare organizations.
Makes technical change to GS 130A-190. Amends the reporting requirements of GS 19A-192(a3) to also require that the Animal Control Office maintain records of the location where any cat was trapped and released.
Requires the Board to adopt temporary rules to implement the amendments to GS 19A-32.1, 19A-65, 19A-190, and 19A-192 and permanent rules to replace the temporary rules. Specifies that the temporary rules adopted will remain in effect until permanent rules that replace the temporary rules become effective.
Changes the effective date from October 1, 2023, to 60 days after the Board’s temporary rules become effective.
Section 2.
Amends GS 143-214.7 to allow state or local stormwater programs to allow development within the area that would otherwise be required to be placed within a vegetative buffer if the stormwater runoff from the built-upon area of the vegetative buffer (was, from the entire impervious area of the development) is collected, treated, and discharged so that it passes through a segment of the vegetated buffer managed so it otherwise complies with applicable state and federal stormwater management requirements.
Section 3.
Amends GS 143-214.7, concerning stormwater regulations for redevelopment irrespective of whether the impervious surface that existed before the redevelopment is to be demolished or relocated during the development activity (was, just during redevelopment), to allow a property owner to exceed the otherwise applicable density limits under the applicable water supply watershed rules by treating the increase in stormwater that results from the net increase in the built upon areas (was, the property owner may voluntarily decide to treat all stormwater from preexisting development or redevelopment activities for the purpose of exceeding allowable density under the applicable water supply watershed rules).
Section 4.
Requires the Environmental Management Commission (EMC) to implement the Post-Construction Stormwater Rule (meaning 15A NCAC 02H .1001 [Post-Construction Stormwater Management: Purpose and Scope]) to exempt linear transportation projects undertaken by an entity other than the NC Department of Transportation (DOT), that are part of a common plan of development from the Post-Construction Stormwater Rule. Requires the EMC to adopt a rule to amend the Post-Construction Stormwater Rule so it is consistent with this provision. Expires when the permanent rule becomes effective.
Section 5.
Requires the EMC to implement the Water Supply Watershed Project Density Rule (meaning 15A NCAC 02B .0624, Water Supply Watershed Protection Program: Nonpoint Source and Stormwater Pollution Control) to allow Iredell County and the Town of Mooresville to regulate new development outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds in accordance with the following requirement: a maximum of 20% of the land area of a water supply watershed outside of the critical area and within the local government's planning jurisdiction may be developed with new development projects and expansions of existing development of up to 70% built-upon area. Requires the EMC to adopt a rule to amend the Water Supply Watershed Project Density Rule so it is consistent with this provision. Expires when the permanent rule becomes effective.
Section 6.
Defines three terms, including the Neuse River Basin Riparian Buffer Rules (which means the provisions of Sections .0200, .0600, and .0700 of Subchapter 02B of Title 15A of the North Carolina Administrative Code that apply to the Neuse River Basin). Requires the EMC to implement the Neuse River Basin Riparian Buffer Rules as follows. Specifies that the term airport facilities as defined in 15A NCAC 02B .0610 and 15A 8 NCAC 02B .0267 must: (1) include all areas used or suitable for use as borrow areas, staging areas, or other similar areas of the airport used or suitable for use directly or indirectly in connection with the construction, dismantling, modification or similar action pertaining to any of the properties, facilities, buildings, or structures set forth in sub-subdivisions (a) through (q) of subdivision (1) of those rules and (2) the term as amended by the act must apply to all Neuse River Basin Riparian Buffer Rules. Specifies that no Authorization Certificate under 15A NCAC 02B .0611(b) will be required for any work in connection with an Airport Impacted Property, but such work will be required to provide for mitigation in conformance with applicable Neuse River Basin Riparian Buffer Rules. Requires the EMC to adopt a rule to amend the Neuse River Basin Riparian Buffer Rules so they are consistent with this provision. Expires when the permanent rule becomes effective.
Section 7.
Amends GS 143-215.52 to change the statutory cross reference in definition of local government from GS 160A-1 (pertaining to cities and towns) to GS 160D-102 (pertaining to local planning and development).
Defines five additional terms that have to be used in applying Part 6 of Article 21, GS Chapter 143 (Floodplain regulation), in addition to any other applicable definitions in GS 143-215.52 where those definitions do not conflict. Amends GS 143-215.56 (delineation of flood hazard areas and 100-year floodplains) to require the Department of Public Safety (DPS) to grant a permit for the use of an eligible flood hazard area in connection with an airport project for which an airport authority received a no-rise certificate for that airport project where there is no local government that has a clearly demonstrated statutory authority to issue such a permit for the airport project for the use of a flood hazard area. Specifies that in the event that DPS does not issue a permit for the airport project within 30 days of its receipt of a written request submitted by an airport authority for an airport project, the permit is deemed issued to the airport authority for the airport project by operation of law.
Section 8.
Requires the EMC to implement the Dwelling Wastewater Design Flow Rate Rule (meaning 15A NCAC 02T .0114, Wastewater Design Flow Rates) as it applies to dwelling units, as follows. Requires the flow rate used in determining the volume of sewage from dwelling units to be 75 gallons per day per bedroom. Sets the minimum volume of sewage from each dwelling unit at 75 gallons per day and each additional bedroom above two bedrooms increases the volume by 75 gallons per day. Requires the EMC to adopt a rule to amend the Dwelling Wastewater Design Flow Rate Rule so it is consistent with this provision. Applies to all dwelling unit sewer system permits issued on or after August 1, 2023. Expires when the permanent rule becomes effective.
Section 9.
Amends GS 62-110(g) to allow an owners' association (as defined) to charge for the costs of providing water or sewer service to persons who occupy townhomes within a planned community and a unit owners' association to charge for the costs of providing water or sewer service to persons who occupy defined term condominium. Defines townhome. Makes conforming and organizational changes.
Section 10.
Amends GS 130A-335(c2) (wastewater collection, treatment, and disposal) to prohibit a local government (was, municipality) from prohibiting or regulating by ordinance or enforce an existing ordinance regulating the use of off-site wastewater systems or other systems approved by the Department of Health and Human Services (DHHS) under rules adopted by the Commission for Health Services (CHS) when the proposed system meets the specific conditions of the approval.
Section 11.
Amends GS 143-214.26 to specify that no nutrient offset bank owned by a unit of local government, as defined in GS 143-214.11, may sell nutrient offset credits to a third party.
Part II.
Section 12.
Amends GS 160D-702(c) to prohibit a zoning or development regulation from requiring additional entrances into a residential subdivision that are not in compliance with the number of entrance requirements into a residential subdivision set forth in the Fire Code of the North Carolina Residential Code for One- and Two-Family Dwellings. Applies to existing municipal or county ordinances. Specifies that any inconsistent municipal or county ordinance is void and unenforceable.
Section 13.
Amends GS 160A-307.1 (limitation on city requirements for street improvements related to schools) to prohibit a local government from imposing any requirement regarding access points, driveway access, or curb cuts for a property to be used by a school that are in addition to those imposed by DOT.
Section 14.
Amends GS 136-102.6 (compliance of subdivision streets with minimum standards of the Board of Transportation [BOT] required of developers) to specify that if DOT fails to make a final determination whether a subdivision street meets the BOT’s minimum standards within 120 days of receipt of the petition for road addition, the subdivision street will be deemed to meet the BOT’s minimum standards. Effective January 1, 2024, and applies to petitions for road additions for subdivision street improvements submitted to DOT on or after that date.
Amends GS 143B-1333 to specify that the Department of Information Technology (DIT)’s procurement activities, including but not limited to the Statewide Information Technology Procurement Office (was, the Information Technology Strategic Sourcing Office) will be funded through a combination of administrative fees as part of the IT Supplemental Staffing contract, as well as fees charged to agencies using their services.
Part III.
Section 15.
Amends GS 95-111.3 to exclude inflatable devices, including any air-supported device made of flexible fabric, inflated by one or more blowers, that relies upon air pressure to maintain its shape, from the term amusement device. Makes technical changes to numbering.
Makes technical change to GS 95-111.12(d) to align with new numbering.
Section 16.
Requires the Standards and Inspections Division (SID) of the Department of Labor (DOL) to study existing requirements for electrical work conducted during the installation of elevators to identify deficiencies or conflicts in statute or rule in consultation with the NC Building Code Council. Permits SID to consult with other entities it determines that may be of assistance in the course of the study. Sets forth four things for SID to consider, including whether conflict exists between SID and NC Building Code requirements with respect to elevators, electrical wiring, or fire alarm installation, and what steps can be taken to resolve those conflicts. Requires SID to report its findings and recommendations to the specified NCGA committee by March 1, 2024.
Section 17.
Amends GS 95-25.14 (exemptions to State minimum wage and overtime and record keeping laws) to exempt any employee who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employees. Effective August 1, 2023.
Part IV.
Section 18.
Enacts new GS 90-413 (retention of medical records) requiring a health care provider to retain medical records for a minimum of ten years from the date of service to which the medical record pertains unless otherwise required by State or federal law. Provides that in the case of a minor patient, medical records must be retained for a minimum of ten years after the patient has reached the age of majority.
Section 19.
Amends GS 91-414.4 to no longer require dentists to begin submitting demographic and clinical data to the Health Information Exchange (HIE) Network by January 1, 2023. Instead, adds dentists and chiropractors to those who may connect to the HIE Network and submit data voluntarily.
Increases by one the number of members appointed to the North Carolina Health Information Exchange Advisory Board by: (1) the President Pro Tempore of the Senate to also include a provider of Medicaid or other State-funded health care services that is connected to the HIE Network and (2) the Speaker of the House to also include a provider of Medicaid or other State-funded health care services connected to the HIE Network, so that there are 14 members total (was, 12).
Section 20.
Amends GS 131E-78.5 (pertaining to designation as a stroke center) to now require that DHHS designate hospitals that meet the criteria set forth in the section as one of four types of stroke centers: an Acute Stroke Ready Hospital, Primary Stroke Center, Thrombectomy-Capable Stroke Center, or Comprehensive Stroke Center (was, just primary stroke center). Requires a hospital to apply to DHHS for recognition of such designation and to demonstrate to DHHS’s satisfaction that it meets the applicable criteria.
Requires DHHS to recognize as many certified acute care hospitals as Acute Stroke Ready hospitals as apply and are certified as an Acute Stroke Ready hospital by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Acute Stroke Ready hospital certification for stroke care, provided that each applicant continues to maintain its certification. Requires DHHS to recognize as many certified acute care hospitals as Primary Stroke Centers as apply and are certified as a Primary Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Primary Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Further provides that DHHS may recognize those Primary Stroke Centers that have not been certified as Thrombectomy-Capable Stroke Centers but have attained a level of stroke care distinction by offering mechanical endovascular therapies. Requires DHHS to recognize as many certified acute care hospitals as Thrombectomy-Capable Stroke Centers as apply and are certified as a Thrombectomy-Capable Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Thrombectomy-Capable Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Requires DHHS to recognize as many certified acute care hospitals as Comprehensive Stroke Centers as apply and are certified as a Comprehensive Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Comprehensive Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Provides for reporting requirements by certified hospitals. Makes conforming changes.
Part V.
Section 21
Amends GS 90-624 (activities not requiring a license to practice Massage and Bodywork Therapy) to include a nationally certified reflexologist engaged in the practice of reflexology who has a current certification from the American Reflexology Certification Board (ARCB) or its successor entity, or an individual who is a reflexology student working to obtain certification from the ARCB or its successor entity under the supervision of an ARCB-certified reflexologist who obtains certification within 12 months of beginning the certification process. Defines reflexology. Effective October 1, 2023.
Section 22
Permits that a marriage that meets all other requisites of marriage may be solemnized by a member of the North Carolina General Assembly. Effective from August 12, 2023, to August 15, 2023.
Section 23
Amends GS 50B-1 (definition of domestic violence) to make the dating relationship provisions gender neutral and to specify that a dating relationship is a relationship of a romantic or intimate nature characterized by the expression of affectionate or sexual relations (was, one where the parties are romantically involved over time and on a continuous basis during the course of the relationship). Amends GS 50B-2 (motion for emergency relief) to specify that nothing in GS Chapter 50B prevents a court from issuing an ex parte order during the pendency of a case if such order is requested by an aggrieved party and the court believes there is a danger of acts of domestic violence against the aggrieved party or a minor child. Effective October 1, 2023, and applies to proceedings occurring on or after that date.
Section 24.
Amends GS 110-86 to remove the requirement that a cooperative arrangement occur in the home of the cooperative participants.
Intro. by Riddell, Zenger, Brody, Chesser. | STUDY, GS 19A, GS 50B, GS 62, GS 90, GS 95, GS 110, GS 130A, GS 131F, GS 136, GS 143, GS 143B, GS 160D |
House committee substitute to the 1st edition makes the following changes. Deletes new GS 7A-166, which would have outlined the responsibility of the district attorney to arrange and supervise the calendaring of criminal matters based on a docketing plan developed by the district attorney for each district court. Deletes changes to GS 7A-191.1 that would have required all criminal proceedings in district court to be recorded by stenographic notes, or by electronic or mechanical means and specified that the record will be reduced to a written transcript only when notice of appeal is given or when either party requests it and provides for the cost of transcription.
Amends GS 7A-272(c) to specify that the chief district court judge may schedule and assign sessions of court to accept pleas of guilty or no contest pursuant to the subsection, and the district attorney must cause agreed-upon pleas to be calendared for these sessions. Makes technical changes.
Amends GS 15A-952(g) to set forth a fifth factor pertaining to good cause for a continuance, as follows. Specifies that good cause for a continuance must include those instances when the State asserts that the case involves analysis of evidence by the State Crime Lab or other entity for testing, that the evidence has been submitted for testing, and that the result of the testing is not available or expected to be available on the date postponed. Requires that a continuance for these reasons must be granted. Deletes provision requiring judge to give written findings and issue an order explaining the judge’s decision whenever they grant a third or subsequent continuance in a case, unless the continuance is granted with the consent of both parties. Replaces that provision with requirement that, except in cases where the parties consent to the continuance, the judge must announce in open court which party made the motion for continuance and the grounds for granting the continuance. Makes organizational changes.
Amends GS 7A-271(e) (jurisdiction of superior court over probation revocation hearings) to specify that once the superior court has concluded a probation revocation hearing, the superior court must proceed without remanding or sending the matter back to district court unless covered under subsection GS 7A-271(f). Amends GS 15A-1341(a6) (probation generally) to specify that if the revocation hearing is heard in superior court, that court must enter an adjudication of guilt and cannot remand the matter to district court unless covered by GS 7A-271(f). Effective October 1, 2023.
House committee substitute to the 1st edition makes the following changes. Deletes new GS 14-222.1's mental state requirement that crime be committed with deceit and an intent to defraud. Instead, it is now unlawful for a person to do any act which prevents, obstructs, impedes, or hinders public or legal justice (was, unlawfully obstructs justice). Divides the level of crime based on the level of an underlying criminal offense, so that if a person committed any of the above described acts in relation to a misdemeanor, then the person is guilty of a Class 1 misdemeanor. If the person committed the above described acts in relation to a felony, that person is guilty of a Class I felony (was, just Class I felony).
Intro. by Stevens. | GS 14 |
House committee substitute amends the 1st edition as follows.
Amends GS 14-34.5, making it a Class B1 felony to assault with a firearm a telecommunicator employed by a law enforcement agency while in the performance of their duties.
Amends GS 14-16.10 by further amending the definition of court officer as it applies to the crimes in Article 5A related to endangering executive, legislative, and court officers, to include those contracted by (in addition to those employed by or acting on behalf of) a county department of social services.
Intro. by Pyrtle, Miller, Carson Smith, Greene. | GS 14 |
House amendment to the 1st edition makes the following changes.
Removes new Article 85, State Employee Retirement Protection Act, in GS Chapter 143.
Amends GS 147-69.7 to require the State Treasurer in investing and managing assets in funds enumerated in GS 147-69.2 to require considering only pecuniary factors when evaluating an investment, or evaluating or exercising any right appurtenant to an investment. Defines a pecuniary factor as one that has a material effect on the financial risk or financial return of an investment based on appropriate investment horizons consistent with the fund's purpose. Provides that environmental or social consideration are pecuniary factors only if the present economic risk or opportunities that qualified investment professionals would treat as material economic considerations under generally accepted investment theories. Requires the weight given to those factors solely reflect a prudent assessment of their impact on risk and return. Also allows the State Treasurer, in evaluating or exercising any right appurtenant to an investment, reasonably conclude that not exercising the right is in the best interest of the fund's beneficiaries.
House committee substitute amends the 2nd edition by making a clarifying change to GS 143-166.41(c)(3).
House committee substitute amends the 2nd edition as follows.
Requires the Division of Motor Vehicles (DMV), in conjunction with the State Department of Public Instruction (DPI) and the governing bodies of public school units with high schools in Anson, Gaston, Mecklenburg, and Union Counties, to establish and implement the pilot program to issue special identification cards to eligible public high school students located in the four identified counties by October 1, 2025 (previously did not require the students to be located in the identified counties and required implementation by December 31, 2024). Makes technical and clarifying changes to the specified requirements of the pilot program. Deems the DMV responsible for the expense of the State Registrar in issuing certified copies of a student's birth certificate to a governing body of a public high school or the DMV upon a student's request in connection with a special identification card application. Postpones expiration of the pilot program to December 31, 2027 (was, December 31, 2026). Adds a new provision providing for GS 20-37.7 to supersede any conflict arising from the pilot program. Revises the applicability of the pilot program to only identify the four counties rather than include public high schools located in the counties.
House amendment to the 2nd edition makes the following changes.
Further amends GS 15A-1465 as follows. Adds that the acceptance of devises does not create any obligation for the North Carolina Innocence Inquiry Commission. Requires the Director of the North Carolina Innocence Inquiry Commission to report to the chairs of the specified NCGA committee annually by February 1 of each year on all funds received through private gifts, donations, or devises from any source other than the State, including detailed information on the source, amount received, stated purpose of the funds, how the funds were expended, and any balance on hand in the previous calendar year (was, the Director had the sole authority to direct the use of private gifts and donations).
Intro. by Pyrtle. | GS 15A |
House committee substitute to the 2nd edition makes the following changes.
Makes a technical correction to new GS 143-300.1B, subsection (b).
Adds that the act applies to contracts entered into or renewed on or after October 1, 2023, in addition to claims arising from acts or omissions occurring on or after that date.
Intro. by Chesser, Wheatley, Willis. | GS 143 |
House amendment to the 2nd edition makes the following changes.
Amends proposed new GS 143C-6-5.6 to prohibit the use of State funds for gender transition procedures (was, surgical gender transition procedures) for individuals under age 18, or to support the administration of any governmental health plan or government-offered insurance policy offering those procedures.
House committee substitute to the 2nd edition makes the following changes. Amends GS 15A-533(h) (right to pretrial release in capital and noncapital cases) as follows. Adds a pretrial services program to the entities that must provide defendant information to the judge and expands upon the information to also include risk assessments. Requires a judge setting conditions of pretrial release to return any criminal history/risk assessment report obtained from a confidential database to the providing agency or department (previously, no distinction between confidential and nonconfidential sources of information in return requirement). Now specifies that the nonrestricted information will become part of the court record.
House committee substitute to the 1st edition makes the following change.
Deletes language that appropriates funds to the Department of Health and Human Services, Division of Aging and Adult Services. Makes conforming changes to the long title.
Intro. by Wheatley, Chesser, Moss. | GS 143B |
As title indicates. Includes whereas clauses. Directs the Principal Clerk to transmit a copy of the resolution to the Executive Directors of the Jewish Federations in NC and the State's congressional delegation.
Intro. by Goodwin, Rudow. | HOUSE RES |
Includes whereas clauses.
Elects the following to the UNC Board of Governors for terms commencing July 1, 2023, and ending June 30, 2027: Dr. Pearl Burris-Floyd, C. Philip Byers, Swadesh Chatterjee, R. Gene Davis, Jr., H. Terry Hutchens, and J. Alex Mitchell.
Intro. by Rules, Calendar, and Operations of the House. | HOUSE RES |
The Daily Bulletin: 2023-05-03
Conference committee substitute amends the 4th edition as follows. Makes conforming title changes.
Part I.
Adds the following new content.
Repeals GS 14-45.1, defining unlawful abortions under existing law. Existing law makes it lawful to advise, procure, or cause a miscarriage or abortion during the first 20 weeks of a woman's pregnancy so long as the procedure is performed by a licensed, qualified physician in a certified, suitable hospital or clinic, with miscarriage or abortion procedures permitted after the 20th week if there is a medical emergency.
Retitles Article 1I of GS Chapter 90, currently the Women's Right to Know Act, as "Abortion Laws," and makes the following changes. Makes conforming changes to the Article's short title. Defines abortion to mean a surgical abortion or a medical abortion, which are both defined to mean the intentional termination of a known pregnancy with an intention other than to (1) increase the probability of a live birth; (2) preserve the life or health of the child; (3) remove a dead, unborn child who died as a result of natural causes in utero, accidental trauma, or a criminal assault that causes the premature termination of the pregnancy; or (4) remove an ectopic pregnancy. Adds the following defined terms: abortion-inducing drug, adverse event, surgical abortion, complication, health care provider, hospital, incest, life-limiting anomaly, medical abortion, partial-birth abortion, qualified physician, rape, and unborn child. Modifies the term attempt to perform an abortion to refer to a physician's discretion rather than an "actor."
Enacts GS 90-21.81A, making it unlawful to advise, procure, or cause a miscarriage or abortion after the 12th week of a woman's pregnancy. Also makes it unlawful for a qualified physician, any healthcare provider, or any person to perform a partial-birth abortion at any time.
Enacts GS 90-21.81B, describing four instances of a lawful miscarriage or abortion: (1) when a qualified physician determines there exists a medical emergency; (2) during the first 12 weeks of pregnancy, when the procedure is performed by a licensed, qualified physician in a hospital, ambulatory surgical center, or clinic certified by the Department of Health and Human Services (DHHS) to be a suitable facility for the performance of abortions pursuant to the requirements of GS 90-21.82A (appears to intend GS 90-21.82, requiring informed consent for surgical abortions) or during the first 12 weeks when a medical abortion is procured; (3) after the 12th week and through the 20th week of a woman's pregnancy, when the procedure is performed by a qualified physician in a suitable facility pursuant to the requirements of GS 90-21.82A when the woman's pregnancy is a result of rape or incest; and (4) during the first 24 weeks of a woman's pregnancy, if a qualified physician determines there exists a life-limiting anomaly in accordance with the Article.
Enacts GS 90-21.81C, establishing reporting requirements for qualified physicians who advise, procure, or cause a miscarriage or abortion after the 12th week of a woman's pregnancy, including providing the ultrasound image, to DHHS, subject to specified confidentiality protections under HIPAA. Requires DHHS to prescribe and annually collect from hospitals, ambulatory surgical facilities, or licensed clinics where abortions are performed statistical summary reports concerning the medical and demographic characteristics of abortions provided after the 12th week under this statute; requires cooperation of hospital, facilities, and clinics. Deems records provided pursuant to the statute not public records. Excepts abortions performed under this statute from the fetal death reporting requirements of GS 130A-114. Bars requiring health care providers to perform or participate in medical procedures over their objections based on moral, ethical, or religious grounds, and civil relief or disciplinary action based on such refusal. Specifies that hospitals, health care institutions, and health care providers are not required to perform abortions or provide abortion services. Requires DHHS to perform annual inspections of clinics (including ambulatory surgical facilities but excluding hospitals) where abortions are performed, and publish on its website and on the State website the results and findings of all inspections conducted on or after January 1, 2013, of suitable facilities where abortions are performed, with specified content. Sets a minimum age for employment at clinics, including ambulatory surgical facilities, where abortions are performed, requiring employees to be at least 18.
Enacts GS 90-21.81D, establishing requirements for qualified physicians to procure or cause a miscarriage or abortion upon determination that there exists a life-limiting anomaly. Requires the qualified physician to procure or cause the miscarriage or abortion during the first 24 weeks of a woman's pregnancy and explain in writing and orally, or provide to the woman, six statements, including that the woman has been provided all information required in GS 90-21.82 or new GS 90-21.83A, depending on whether the procedure is a surgical or medical abortion, and her informed consent has been obtained. Requires additional information provided under the statute to be signed and initialed by both the woman and the physician. Establishes reporting requirements for abortions performed under the statute with required content including identification of the qualified physician who diagnosed the baby with a life-limiting anomaly and the number of previous pregnancies, number of live births, and number of previous abortions of the pregnant woman. Deems such reports and materials not public record.
Amends GS 90-21.82, making the statute's informed consent requirements applicable to surgical abortions only. Revises what constitutes voluntary and informed consent for a surgical abortion (excluding cases of medical emergency) to no longer allow a physician or qualified professional to inform the woman of the information contained in the consent form, which is required at least 72 hours prior to the surgical abortion, by telephone. Establishes four conditions that must be satisfied for consent to be considered valid and informed consent considered obtained, including requiring the use of the consent form created by DHHS and specified signatures and initialing of the woman on the form. Makes conforming and clarifying changes. Revises the acknowledgement of risks and consent certification required at least 72 hours before a surgical abortion, now requiring an acknowledgement of risks and consent statement to be signed and initialed by the woman with a physical or electronic signature attesting she has received all of the listed information at least 72 hours before the abortion. Modifies existing requirements of the acknowledgement and consent statement to include the woman being told about printed materials required by law and their availability online, including the address of the website (previously required including that the woman has the right to review such materials), and no longer permits mailing the printed materials. Adds a new requirement to acknowledge that the woman is not being forced to have a surgical abortion and has a choice not to have the surgical abortion, along with eight new attestations and confirmations that now must be included, including that the woman has a private right of action to sue the qualified physician under state law if she feels she has been coerced or misled prior to obtaining an abortion and how to access State resources regarding this right. No longer permits providing this information by tape recording or email. Requires the physician to sign a declaration form stating that prior to the procedure, the physician has (1) explained in person the surgical abortion procedure to be used, (2) provided all of the information required in the statute, and (3) answered all of the woman's questions regarding the surgical abortion.
Makes technical changes to GS 90-21.83 regarding the printed information required concerning pregnancy and parenting resources, and educational materials related to unborn children. Adds a new requirement for DHHS to create the consent forms required to be used by qualified physicians for obtaining informed consent for surgical and medical abortions.
Enacts GS 90-21.83A, barring performing a medical abortion without voluntary and informed consent. Establishes criteria that must be met for consent to be voluntary and informed (excluding medical emergencies), requiring a qualified physician or qualified professional to orally inform the woman in person of the information contained in the consent form at least 72 hours prior to the medical abortion. Lists 11 components that must be included in the form, such as a detailed description of the steps to complete the medical abortion, notice that the woman may see the remains of her unborn child in the process of completing the abortion, and the location of the hospital that offers OBGYN care located within 30 miles of the location where the medical abortion is performed or induced where the performing physician has clinical privileges. Details further requirements and limitations in obtaining informed consent. Establishes four conditions that must be satisfied for consent to be considered valid and informed consent considered obtained, including requiring the use of the consent form created by DHHS and specified signatures and initialing of the woman on the form. Requires an acknowledgement of risks and consent statement to be signed and initialed by the woman with a physical or electronic signature attesting she has received all of the listed information at least 72 hours before the abortion. Lists 15 components that must by included in the acknowledgement of risks and consent statement, similar to those required for surgical abortions under revised GS 90-21.82, including (1) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (2) that the father is liable to assist in the support of the child even if the father has offered to pay for the abortion; (3) that the woman has other alternatives to abortion, including keeping the baby or adoption; (4) attestation that the woman is not being forced to have a medical abortion and has a choice not to have a medical abortion; (5) notice that the physician will schedule an in-person follow-up visit for the woman at approximately seven to 14 days after providing the abortion-inducing drug(s) to confirm the termination is completed and to assess bleeding and any complications; and (6) that the woman has a private right of action to sue the qualified physician under state law if she feels she has been coerced or misled prior to obtaining an abortion and how to access State resources regarding her right. Requires the physician to sign a declaration form stating that prior to the procedure, the physician has (1) explained in person the medical abortion procedure to be used, (2) provided all of the information required in the statute, and (3) answered all of the woman's questions regarding the medical abortion.
Enacts GS 90-21.83B, establishing requirements for a physician prescribing, administering, or dispensing an abortion-inducing drug, including examination of the woman in person, and prior to providing the drug, among other required steps, (1) independently verifying that the pregnancy exists; (2) determining the woman's blood type and offering necessary medical services, treatment, and advice; and (3) verifying that the probable gestational age of the unborn child is no more than 70 days. Requires the physician or their agent to schedule a follow-up visit for the woman at approximately seven to 14 days after administration of the drug to confirm complete termination and to assess bleeding. Requires the physician to make all reasonable efforts to ensure that the woman returns for the scheduled appointment, with efforts required to be documented in the woman's medical records.
Enacts GS 90-21.83C, requiring, at least 72 hours prior to any medical or surgical abortion performed under the Article, the physician providing the abortion-inducing drug, performing the surgical abortion, or conducting any other appointment where an abortion is to be induced or performed, to provide the physician's full name and specific information for the physician's hospital admitting privileges and whether the treatment or procedure is covered by the woman's insurance.
Makes technical and conforming changes to GS 90-21.84 regarding required information to be maintained on a DHHS-developed website.
Adds to GS 90-21.85 regarding a physician or qualified technician to perform and display real-time views of the unborn child at least four hours before any part of an abortion is performed or induced, to create a right for a pregnant woman to view a real-time image of the unborn child and not be denied a real-time view of the unborn child due to a clinic policy or rule.
Makes conforming changes to GS 90-21.87 regarding informed consent of a minor to include required consent under new GS 90-21.83A as applicable.
Amends GS 90-21.88 to allow the personal representative of any person upon whom an abortion is performed, in the event of a wrongful death action under GS 28A-18-1, to seek damages against the person who performed the abortion in knowing or reckless violation of the Article. Adds a new cause of action, allowing a woman upon whom the abortion has been attempted, induced, or performed, or her parent or guardian if she is a minor at the time of the attempted or completed abortion, to bring an action within three years from the date of the alleged violation or from the date of the initial discovery of harm from an alleged violation; grants minors three years from the date the minor attains the age of majority to bring an action.
Enacts GS 90-21.88A, making violating physicians, pharmacists, and health care providers subject to professional discipline by the appropriate licensing agency or board. Explicitly states that no pregnant woman seeking to obtain an abortion pursuant to the Article is subject to professional discipline.
Makes conforming changes to GS 90-21.90 regarding assurance of informed consent to include required consent under new GS 90-21.83A.
Enacts new GS 90-21.93 setting out the following reporting requirements. Requires a physician or health care provider that conducts a surgical or medical abortion to make a report to DHHS. Requires the report to be completed by either the hospital, clinic, or health care provider in which the surgical or medical abortion was completed and signed by the physician who dispensed, administered, prescribed, or provided the abortion-inducing drug or performed the procedure or treatment. Requires making a reasonable effort to include all of the required report information without violating the woman’s privacy. Sets out a timeframe within which the report must be made, with the report due sooner when the patient is a minor. Sets out information that must be included in the report pertaining to the health care provider, location of the procedure, and information about the woman as well as her treatment and follow-up care, and unborn child, including: the woman's number of live births, previous pregnancies, and number of previous abortions; the probable gestational age of the unborn child; and the amount of money billed to cover the treatment for specific complications. Also requires a written report of any adverse events from an abortion-inducing drug, within three days, to the US FDA and DHHS; reports on adverse events or complications for a surgical abortion or abortion procedure must be reported to DHHS within 15 days of the end of the month that the event or complication occurred. Sets out information that must be included in the adverse event reports. Requires DHHS to provide a comprehensive annual report from these reports that is to be made available to the public. Requires the report to be submitted annually, beginning October 1, 2023, to the specified NCGA committee and to the Centers for Disease Control and Prevention. Prohibits a report from including a woman’s identifying information. Prohibits comparing data concerning surgical or medical abortions or resulting complications maintained in an electronic or other information system file or format with data in any other format or information system in an effort to identify a woman obtaining or seeking to obtain a drug-induced abortion, except with a court order.
Enacts new GS 14-44.1 making it an infraction, subject to a fine of $5,000 per violation, for: (1) any individual in the State to mail, provide, or supply an abortion-inducing drug directly to a pregnant woman in violation of the provision requiring such drug to be taken or administered in presence of the prescribing physician and specifies that lack of knowledge or intent that the abortion-inducing drug will be administered outside the physical presence of a physician is not a defense; (2) any manufacturer or supplier of an abortion-inducing drug to ship or cause to be shipped any abortion-inducing drug directly to a pregnant woman in violation of the provision requiring such drug to be taken or administered in presence of the prescribing physician and specifies that lack of knowledge or intent that the abortion-inducing drug will be administered outside the physical presence of a physician is not a defense; and (3) any individual or organization to purchase or otherwise procure an advertisement, host or maintain a website, or provide an internet service purposefully directed to a pregnant woman who is an NC resident knowing that the purpose is to promote the sale of an abortion-inducing drug to be administered to a woman in violation of the provision requiring such drug to be taken or administered in presence of the prescribing physician. Applies to offenses committed on or after July 1, 2023.
Amends GS 90-21.120 by referring to definitions under GS 90-21.81.
Amends GS 90-21.121 to make it illegal to perform or attempt an abortion with the knowledge that the woman is seeking the abortion because of the (1) actual or presumed race or racial makeup of the unborn child; (2) sex of the unborn child; (3) presence or presumed presence of Down syndrome (was, illegal to perform or attempt to perform an abortion with knowledge, or an objective reason to know, that a significant factor in seeking the abortion is related to the sex of the unborn child).
Amends GS 90-21.6 by amending the definition of abortion to now define it as defined under GS 90-21.81. Makes additional technical changes.
Unless otherwise indicated, Part I is effective July 1, 2023.
Specifies that prosecutions for offenses committed before the Part’s effective date are not abated or affected by this Part, and the statutes that would be applicable but for this Part remain applicable to those prosecutions.
Part II.
Enacts new GS 90-21.82A providing as follows. Allows a licensed physician to perform a surgical abortion during the first 12 weeks of pregnancy in a hospital, ambulatory surgical facility, or an abortion clinic, requiring that the clinic be licensed by DHHS to be a suitable facility for the performance of abortions and that the physician perform the abortion in accordance with Article 1I and Article 1K (certain abortions prohibited) of GS Chapter 90. Prohibits performing a surgical abortion after the twelfth week of pregnancy in any facility other than a hospital.
Adds new Part 4A, concerning abortion clinic licensure, in Article 6 of GS Chapter 131E, providing as follows. Sets out the purpose of the Part and defines relevant terms. Prohibits operating an abortion clinic without a license from DHHS. Sets out the application process and sets the annual license fee at $850, plus an annual per-operating room fee of $75. Requires licenses to be renewed annually. Specifies that licenses are not transferable or assignable, except with written approval from DHHS. Requires licenses to be posted in a conspicuous place on the licensed premises.
Makes licensed clinics subject to the fair billing and collection practices in GS 131E-91.
Authorizes DHHS to deny a new or renewal application for a license and to amend, recall, suspend, or revoke an existing license if there is a substantial failure to comply with this part or related rules. Specifies that the Administrative Procedure Act governs all administrative actions and judicial review when DHHS takes action.
Authorizes the North Carolina Medical Care Commission (Commission) to adopt, amend, and repeal rules for the implementation of this Part. Requires that the rules be no stricter than those issued under the Ambulatory Surgical Facility Licensure Act. Requires DHHS to enforce the rules.
Requires DHHS to inspect abortion clinics as necessary and allows inspection power to be delegated to the listed entities. Allows patient records to be reviewed unless the patient makes a written objection. Allows health care providers who give treatment at or through a facility to be interviewed and disclose information notwithstanding the physician-patient privilege as long as the patient has not made a written objection. Gives the facility and those interviewed immunity from liability for damages resulting from the disclosure of information. Requires DHHS to keep information obtained in reviews or interviews confidential. Requires advising patients in writing before releasing any information or allowing any inspections, that the patient has the right to object, which will thereby prohibit the inspection or release of the records.
Makes owning or operating an abortion clinic without a license a Class 3 misdemeanor subject to a fine of no more than $50 for the first offense and no more than $500 for each subsequent offense; each day of continuing violation after conviction is considered as a separate offense.
Allows DHHS to seek an injunction against those operating without a license. Also allows seeking injunctive relief against anyone who hinders the Secretary or their representative in carrying out their duties under this Part.
Amends GS 131E-272 by increasing the fee for initial licensure of an abortion clinic at $850 (was, $750).
Requires DHHS to adopt rules to administer this Part by October 1, 2023. Effective July 1, 2023.
Unless otherwise indicated Part II is effective October 1, 2023.
Part III.
Enacts Article 1M, Born-Alive Abortion Survivors Protection Act, to GS Chapter 90. Defines abortion and attempt to perform an abortion. Sets forth legislative findings. Establishes standards of care, now requiring any health care provider present at the time a child is born alive resulting from an abortion or attempt to perform an abortion to: (1) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any child born alive at the same gestational age and (2) ensure that the child born alive is immediately transported and admitted to a hospital. Defines born alive to mean, with respect to a member of the species homo sapiens, the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
Requires a health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of noncompliance to immediately report the noncompliance to an appropriate State or federal law enforcement agency, or both. Bars prosecution of the mother of a child born alive for violation of, or attempt or conspiracy of, GS 90-21.142 or GS 90-21.143, as enacted, involving the child who was born alive. Makes violations of GS 90-21.142 and GS 90-21.143 a Class D felony, punishable by a fine not to exceed $250,000, unless the conduct is covered under some other law providing greater punishment. Makes any person who intentionally performs or attempts to perform an overt act that kills a child born alive punishable for murder under GS 14-17(c), a Class A felony. Provides for civil remedies for the woman upon whom the abortion was performed or attempted in which a child is born alive and there is a violation of the Article, including damages for objectively verifiable money damages for all injuries (psychological and physical), treble statutory damages for the cost of the abortion or attempted abortion, and punitive damages. Provides for reasonable attorneys' fees if judgment is rendered in favor of the plaintiff or if the judgement is rendered in favor of the defendant and the court finds the suit was frivolous or brought in bad faith. Makes conforming changes to GS 14-17(c).
Provides a savings clause for prosecutions for offenses committed before the effective date of the act.
Applies to offenses committed on or after July 1, 2023.
Part IV.
Effective July 1, 2023, appropriates $3.5 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the DHHS, Division of Public Health, for competitive grants to local health departments and nonprofit community health centers. Requires funds to be used to purchase and make available long-acting reversible contraceptives for underserved, uninsured, or medically indigent patients. Sets out criteria that must be met to be considered a long-acting reversible contraceptive.
Requires the DHHS, Division of Health Benefits (DHB), to increase the Medicaid rate paid for obstetrics maternal bundle payments for pregnancy care to at least 71% of the Medicare rate.
Requires DHB to develop an add-on rate to the relevant capitated rates or payments that include prenatal care services. Requires the add-on rate to include amounts sufficient to make payments to providers that achieve a level of Medicaid beneficiary participation in group prenatal care visits.
Effective July 1, 2023, appropriates $2.8 million in recurring funds for each year of the 2023-25 biennium from the General Fund to DHB to implement the Medicaid-related changes above. Specifies that the funds are a State match for $5.5 million in recurring funds for each year of the 2023-25 biennium and appropriates those funds to DHB for costs associated with the Medicaid-related changes.
Enacts GS 90-18.8 allowing a certified nurse midwife approved under Article 10A of GS Chapter 90 to provide midwifery care and use the title “Certified Nurse Midwife.” Prohibits anyone else from using the title or holding herself out as a Certified Nurse Midwife. Authorizes a Certified Nurse Midwife to write drug prescriptions if: (1) the Certified Nurse Midwife has current approval from the joint subcommittee of the North Carolina Medical Board and the Board of Nursing, (2) the joint subcommittee has assigned an identification number to the Certified Nurse Midwife that appears on the written prescription, and (3) the joint subcommittee has given the Certified Nurse Midwife written instructions about indications and contraindications for prescribing drugs and a written policy for periodic review of the drugs prescribed. Makes conforming changes to GS 90-178.3. Requires the joint subcommittee to adopt rules governing the approval of individual Certified Nurse Midwives to write prescriptions with any limitations that are in the best interest of patient health and safety, consistent with the rules established for nurse practitioners.
Expands upon the definitions in GS 90-178.2, applicable to Article 10A, Practice of Midwifery, as follows. Adds and defines the terms certified nurse midwife, collaboration provider, and collaborative provider agreement. Amends the terms: (1) interconceptional care so that it also includes gynecologic care (was, family planning), including family planning, perimenopause, and postmenopausal care; (2) intrapartum care so that it is defined as care that focuses on the facilitation of the physiologic birth process and includes specified functions, which are amended to now include confirmation and assessment of labor and its progress, identification of normal and deviations from normal and appropriate intervention, and management of spontaneous vaginal birth and appropriate third-stage management, as well as the already listed items; (3) midwifery to exclude from the term performing an abortion; (4) newborn care to define it as care that focuses on the newborn and adds to the included care methods to facilitate newborn adaptation to extrauterine life; (5) postpartum care to define it as care that focuses on management strategies and therapeutics to facilitate a healthy puerperium and what is included to add management of deviations from normal and appropriate interventions; and (6) prenatal care to define it as care that focuses on promotion of normal pregnancy using management strategies and therapeutics as indicated and amends what is included to now include obtaining history with ongoing physical assessment of mother and fetus, confirmation and dating of pregnancy, and supervising the use of prescription and nonprescription medications.
Amends GS 90-178.3 as follows. Requires a Certified Nurse Midwife to consult, collaborate with, or refer to another provider, if indicated by patient’s health status (was, must practice under the supervision of a licensed physician who is actively engaged in the practice of obstetrics). Requires a Certified Nurse Midwife with less than 24 months and 4,000 hours of practice to (1) have a collaborative provider agreement with a collaborating provider and (2) maintain signed and dated copies of the collaborative provider agreement as required by practice guidelines and any rules adopted by the joint subcommittee. Defines a collaborating provider as a licensed physician licensed to practice medicine for a minimum of four years with a minimum of 8,000 hours of practice and who is or has engaged in the practice of obstetrics or a Certified Nurse Midwife who has been approved to practice midwifery for a minimum of four years and 8,000 hours. Provides that if a collaborative provider agreement is terminated before the Certified Nurse Midwife acquires the level of experience required for practice without a collaborative provider agreement, the Certified Nurse Midwife has 90 days from the date of termination to enter into a collaborative provider agreement with a new collaborating provider; allows the midwife to continue practicing during the 90-day period.
Amends GS 90-178.4 to require a Certified Nurse Midwife attending a planned birth outside of a hospital to discuss the associated risks with the patient and get a signed informed consent agreement from the patient that includes specified information about the risks and transfer to a health care facility. Also requires providing the patient with a written plan for emergent and nonemergent transfer to a health care facility, including the specified content. Limits planned home births attended by a Certified Nurse Midwife to low-risk pregnancies. Requires the joint subcommittee to adopt rules governing the safety of home births attended by a Certified Nurse Midwife.
Amends GS 90-178.4 by amending the content of rules to be adopted by the joint subcommittee, to include establishing the form and content of the application which must include information related to the applicant’s education and certification by the American Midwifery Certification Board (was, by the American College of Nurse Midwives), and includes the procedure for establishing collaborative provider agreements (was, establishing physician supervision). Makes conforming changes to GS 90-178.5 and also adds that upon submitting to the joint subcommittee evidence of completing 24 months and 4,000 hours of practice as a Certified Nurse Midwife under a collaborative provider agreement, a Certified Nurse Midwife is authorized to independently practice midwifery.
Amends GS 90-178.7 to prohibit performing acts that constitute midwifery without approval under this Article. A person who does so without approval and registration is not allowed to maintain any action to collect any fee for those services. Violations are a Class 3 misdemeanor. Makes it a Class I felony to practice without approval and falsely represent oneself as being approved under any Article under GS Chapter 90.
Enacts new GS 90-178.8 to provide immunity from civil damages for a physician or physician assistant or nurse as a result of the medical care or treatment they provide if: (1) the physician, physician assistant, or nurse is providing medical care or treatment to a woman or infant in an emergency situation and (2) the emergency situation arises during the delivery or birth of the infant as a consequence of the care provided by a Certified Nurse Midwife who attends a planned birth outside of a hospital setting. Provides immunity for a licensed health care facility for the same. Effective October 1, 2023.
Appropriates $250,000 for 2023-24 and $250,000 for 2024-25 from the General Fund to DHHS, Division of Public Health, for expansion of the Safe Sleep North Carolina Campaign, with the goal of strengthening the adoption of infant safe sleep practices that reduce the risk of SIDS and other infant sleep-related deaths. Effective July 1, 2023.
Part V.
Enacts GS 126-8.6 to require the State Human Resources Commission to adopt rules and policies that provide that a permanent, full-time State employee may take the following paid parental leave: (1) up to eight weeks after giving birth or (2) up to four weeks after any other qualifying event (defined as when a State employee becomes a parent to a child). Allows temporary employees to take a prorated amount of paid leave. Specifies that the paid leave: (1) is available without exhaustion of the employee's sick and vacation leave and is awarded in addition to any other leave, (2) has no cash value upon termination, and (3) may not be used for calculating an employee's retirement benefits. Specifies that this provision applies to employees of State agencies, departments, and institutions, including UNC; to public school employees; and to community college employees.
Makes conforming changes to GS 126-5, GS 115C-302.1, and GS 115C-336.1.
Appropriates $10 million in recurring funds for 2023-24 and for 2024-25 from the General Fund to the Department of Public Instruction to fund paid parental leave.
Makes this Part effective July 1, 2023.
Part VI.
Appropriates $700,000 from the General Fund in recurring funds for each year of the 2023-25 fiscal biennium to DHHS to be allocated to the State Maternity Home Fund.
Retains all of the content of the 4th edition, with the following changes.
Amends Article 5A, Safe Surrender of Infants, of GS Chapter 7B, to increase the age of a safely surrendered infant from an infant who is reasonably believed to be not more than seven days old to an infant who is reasonably believed to be not more than 30 days old. Makes conforming changes throughout to account for the new infant age.
Amends GS 48-3-203 (agency placement adoption) and GS 131D-10.1 (foster care children’s bill of rights) to provide that no agency or other State entity, as applicable, can deny or delay (1) the opportunity to become an adoptive parent or (2) the placement of a child for adoption on the basis of race, color, or national origin of the person or child involved.
Requires DHHS’s Division of Social Services (DSS) to develop and implement a policy that allows an individual who is related by blood, marriage, or adoption to a child and providing foster care, as defined under GS 131D-10.2(9), to a child in a family foster home to be reimbursed for the provision of care without having to meet the requirements for licensure under GS 131D-10.3. Defines family foster home to mean the private residence of one or more individuals who permanently reside as members of the household and who provide continuing full-time foster care for a child or children who are related to the adult members of the household by blood, marriage, or adoption. Effective six months after the act becomes law. Establishes the following maximum rates for State participation in reimbursement for unlicensed kinship foster care on a graduated scale: $351 per child per month from birth through five years of age; $371 per child per month for children 6 through 12 years of age; and $405 per child per month for children at least 13 but less than 18 years of age. Requires the State and a county participating in unlicensed kinship care to each contribute 50% of the nonfederal share of the cost of care for a child placed by a county department of social services or child-placing agency in a family foster home. Appropriates $5,766,390 from the General Fund to DSS in recurring funds for each year of the 2023-25 fiscal biennium to provide funds for the State portion of unlicensed kinship care reimbursement described above.
Amends GS 108A-49.1 (foster care and adoption assistance payment rates) to increase the maximum rates for State participation in the foster care/adoption assistance program as follows: (1) for children aged birth to five, from $514 to $702 per child per month; (2) for children aged six to 12, from $654 to $742 per child per month; and (3) for children at least 13 but less than 21 years of age, from $698 to $810 per child per month. Appropriates $10,094,364 from the General Fund to DSS in recurring funds for each year of the 2023-25 fiscal biennium to implement the foster care and adoption assistance rate increases.
Appropriates $1,725,531 from the General Fund to DSS in recurring funds for each year of the 2023-25 fiscal biennium to provide the State portion of the total cost of care to implement, with the associated county and federal shares, an increase to the administrative rate for foster care and adoption assistance. Appropriates $11.8 million from the General Fund to DSS for 2023-24 to provide additional funding to cover a loss in federal receipts from the Family First Prevention Services Act regarding congregate care for foster care. Appropriates $1.5 million from the General Fund in recurring funds for each year of the 2023-25 fiscal biennium to the North Carolina Community College System for allocation to the NC Finish Line Grants Program.
Retains the effective dates of the 4th edition, but specifies that new amendments pertaining to foster care and adoption are effective July 1, 2023.
Part VII.
Directs DHHS’s Division of Child Development and Early Education (DCDEE) to maintain the child care market rates at the 75th percentile as recommended by the 2018 Child Care Market Rate Study for children in three-, four-, and five-star-rated child care centers and homes from July 1, 2023, through September 30, 2023. Directs DCDEE to increase the child care subsidy market rates to the 75th percentile as recommended by the 2021 Child Care Market Rate Study for children in three-, four-, and five-star-rated child care centers and homes beginning October 1, 2023. Appropriates $32 million from the General Fund to DCDEE in recurring funds for the 2023-24 fiscal year and $43 million in recurring funds for the 2024-25 fiscal year to implement the above described market rate changes. States the General Assembly’s intent to use a portion of the anticipated increase in funds to the Child Care and Development Fund Block Grant to supplement funding for the child care market rate increases described above. Directs DCDEE to decouple private tuition payment rates from the subsidized child care market rates for licensed child care centers and homes. Amends Section 9C.4(c) of SL 2021-180 (pertaining to payments for the purchase of child care services for low-income children) to delete the provisions requiring that religious sponsored child care facilities be paid the lower of the one-star county rate or the rate they charge privately paying parents. Now provides that these centers can be paid either rate. Amends the rate to be paid to licensed child care centers and homes with two or more stars to delete provision requiring the lower payment of the market rate for that rated license level or the rate they charge privately paying children. Now just mandates they be paid at the market rate for that rated license level.
Effective July 1, 2023.
Part VIII.
Amends GS 14-208.40A (satellite-based monitoring program) as follows. Makes technical changes. Amends provisions pertaining to the findings required for a court-ordered risk assessment to be performed by the Department of Adult Correction (DAC) to: (1) only require that the court find that the offender is a sexually violent predator (was, sexually violent predator and reoffender) and (2) requires the risk assessment if the offender is a reoffender under GS 14-27.21, 14-27.22, 14-27.23, 14-27.24, 14-27.25(a), 14-27.26, 14-27.27, 14-27.28, 14-27.29, 14-27.30(a), 14-43.11, 14-43.13, 14-178(b)(1) and (b)(2), 14-190.16, 14-205.2(d), 14-205.3(b), 14-318.4(a1), or 14-318.4(a2). Makes conforming changes to remove references to DACJJ. Increases the time period for satellite-based monitoring from a period of 10 years to the life of the offender. Increases the court’s required findings requiring a risk assessment under GS 14-208.40A(d) by requiring the court to order a risk assessment if the offender is a reoffender under GS 14-27.31, 14-27.32, 14-27.33, 14-178(b)(3), 14-190.6, 14-190.9(a1), 14-190.17, 14-190.17A, 14-202.1, 14-202.3, 14-202.4(a), or 14-205.2(c), in addition to other listed required findings. Provides that for offenders committing offenses involving minors that require the highest possible level of supervision and monitoring, the court must order the offender to enroll in a satellite-based monitoring program for a period not to exceed 50 (was, 10) years. Effective October 1, 2023, and applies to court orders for enrollment in satellite-based monitoring programs issued on or after that date.
Amends GS 14-33(c) to include as a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, a person commits assault of a pregnant woman, unless the conduct is covered under some other provision of law providing greater punishment. Effective December 1, 2023, and applies to offenses committed on or after that date.
Enacts new GS 14-32.5, establishing a misdemeanor crime of domestic violence, making it a Class A1 misdemeanor if a person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person and the person who commits the offense is: (1) a current or former spouse, parent, or guardian of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian; (4) a person similarly situated to a spouse, parent, or guardian of the victim; or (5) a person who has a current or recent former dating relationship with the victim. Defines dating relationship by the definition set forth in 18 U.S.C. § 921 (a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature).
Amends G.S. 14-415.12(b)(8a) to require that the sheriff deny a concealed handgun permit to persons adjudicated guilty or who received a prayer for judgment continued or suspended sentence for GS 14-32.5 in addition to other listed crimes.
Part IX.
Specifies that the provisions of GS 143C-5-2 (pertaining to the order of appropriations bills) do not apply to the act.
Part X.
Specifies that nothing in the act should be construed as creating or recognizing a right to abortion, nor can the act make lawful an abortion that is otherwise unlawful.
Part XI.
Authorizes the Revisor of Statutes to alphabetize, number, and renumber the definitions listed in GS 90-21.120 and GS 90-21.81, as amended by the act, to ensure that all of the definitions are listed in alphabetical order and numbered accordingly.
Part XII.
Contains a severability clause.
Part XIII.
Provides that the act is effective when it becomes law unless otherwise provided.
Intro. by Burgin, Corbin, Ford. | APPROP, STUDY, GS 7B, GS 14, GS 48, GS 90, GS 108A, GS 115C, GS 126, GS 131D, GS 131E |
House committee substitute to the 5th edition makes the following changes.
Eliminates new GS 90-12.8, requiring a practitioner to provide certain information when prescribing a specified Schedule II controlled substance.
Eliminates new Article 7, Legislative Release to Protect National Opioid Settlement Payments, in GS Chapter 122C.
Makes technical and clarifying changes to GS 90-85.15B. Makes a clarifying change to refer to GS 90-85.15B regarding the authority of immunizing pharmacists, pharmacy technicians, and pharmacy interns to administer vaccines and immunizations pursuant to new (a1) and revised subsection (b1) until rules are adopted by the Medical Board and Board of Pharmacy.
Adds a new section waiving compliance with or requirements under GS Chapter 131E and related rules for a hospital which receives or has received a waiver from the Centers for Medicare and Medicaid Services (CMS) to participate in its Acute Hospital Care at Home Program (Program; defined to include any similar programs administered under CMS to provide for acute hospital care at home), to the extent that the statutes or rules prohibit, conflict with, or impose additional obligations on a hospital's ability to operate in accordance with the Program. Specifies that care provided to patients in their home in accordance with the Program does not count as licensed bed capacity under GS Chapter 131E, nor does a hospital's activities pursuant to the Program require a home care license or certificate of need approval as a home health agency under GS Chapter 131E. Expires on December 31, 2024.
Makes conforming changes to the act's titles.
Intro. by McInnis. | GS 90 |
Senate amendment to the 2nd edition makes the following changes. Amends GS 115C-407.55 by increasing the scope of the rules governing student participation in interscholastic athletic activities that must be adopted by the State Board of Education to include rules on student amateur status requirements, including rules related to use of a student's name, image and likeness. Amends GS 115C-407.61(a)(11) (requirements governing any MOU between the Superintendent of Public Instruction and a nonprofit organization to administer high school interscholastic athletic activity rules) to have nonprofit organization agree to be audited annually by a reputable independent auditor that meets, at a minimum, the standards required by the Local Government Commission for certification to audit local government accounts as provided in GS 159-34 (was agree to be audited by a reputable independent auditing firm). Allows the Superintendent to renew a memorandum of understanding with an administering organization for an additional term of four years. Provides for written notice in cases of nonrenewal.
Senate amendment to the 2nd edition makes the following changes.
Amends GS 116-201(b)(8) by amending the definition of private institution to require the religious institution offering post-high school education be accredited by a regional accrediting agency or the Transnational Association of Christian Colleges and Schools (was, by the Southern Association of Colleges and Schools or the same agency that is the accrediting agency for at least one UNC constituent institution).
Amends GS 116-280, concerning need-based scholarships for students attending private institutions of higher education, by amending the definition of an eligible private postsecondary institution to require it to be accredited by a regional accrediting agency or the Transnational Association of Christian Colleges and Schools (was, by the Southern Association of Colleges and Schools (SACSCOC) or the New England Association of Schools and Colleges), or was accredited by SACSCOC on January 2021, and beginning January 1, 2021, was a member of the Transnational Association of Christian Colleges and Schools.
Senate amendments to the 3rd edition make the following changes.
Amendment #1 adds the following. Requires the Avery County, Mitchell County, and Yancey County Boards of Commissioners to each elect two Mayland Community College trustees. Allows each to elect up to one commissioner as a trustee. Allows the Union County Board of Commissioners to elect three South Piedmont Community College trustees, one of whom may be a county commissioner, and the Anson County Board of Commissioners to elect two, one of whom may be a county commissioner. Requires for the Vance-Granville Community College Board of Trustees, that the following be elected: (1) four by the Vance County Board of Commissioners, one of whom may be a county commissioner; (2) three by the Granville County Board of Commissioners, one of whom may be a county commissioner; (3) two by the Franklin County Board of Commissioners, one of whom may be a county commissioner; and (4) one by the Warren County Board of Commissioners, who may be a county commissioner.
Amendment #4 makes a clarifying change to the effective date of GS 115D-6.1.
The Daily Bulletin: 2023-05-03
House committee substitute to the 1st edition makes the following changes.
Part I.
Amends the Charter of the Town of Canton, SL 1907-90, as amended, to now require that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Deletes provisions providing for a schedule of staggered terms, and instead just states that the four Aldermen will be elected for staggered four-year terms. Makes technical changes to the session law references and other technical changes.
Amends the Charter of the Town of Clyde, SL 1889-189, as amended, to provide that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Makes technical changes to the session law references and other technical changes.
Amends the Charter of the Town of Maggie Valley, SL 1973-1337, to specify that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Updates the statutory cross reference.
Part II.
Amends the Charter of the Town of Hot Springs, SL 1929-210, to specify that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Deletes provisions pertaining to the term of the present Mayor and present members of the Board of Aldermen. Deletes provisions pertaining to the power and authority of town officers. Now requires that each of the town’s officers will be elected for two-year terms. Makes technical changes. Effective January 1, 2025, and applies to elections held in 2025 and thereafter.
Deletes proposed changes to Section 6 of the Charter of the Town of Mars Hill, SL 1953-890, which would have specified that all elections be conducted on a partisan basis according to the partisan election method set out in GS 163-291 and deleted provisions barring counting of absentee ballots to be counted or cast. Organizes the provisions requiring partisan elections to Section 1 of Article VII of the town charter. Further amends Section 1 of Article VII to provide that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Amends Section 5 of Article 1 of the Town Charter of Mars Hill to specify that the town officers consist of a mayor (elected for a four-year term) and four aldermen (elected for staggered four-year terms). Deletes outdated language. Repeals Sections 2 through 12 of Article VII of the Charter of the Town of Mars Hill, SL 1953-890.
Amends Section 2 of the Charter of the Town of Marshall, SL 1905-232, as amended, as follows. Specifies that the voters of the town must elect a mayor and five aldermen. Specifies that the mayor will be elected for a two-year term and the members of the board of aldermen will be elected for a staggered four-year term. Provides that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Makes technical changes to town ordinance references and other technical changes.
Part III.
Repeals conflicting provisions of local ordinances, local acts, or special acts relating to nonpartisan municipal elections for the above municipalities covered by the act (was, just covered municipalities). Deletes provisions directing any local act requiring a municipal election to be conducted in an odd-numbered year to be held as a partisan election beginning in 2023. Makes technical change to effective date.
Amends the act's long title.
The Daily Bulletin: 2023-05-03
Actions on Bills: 2023-05-03
H 20: CASH COMMITMENT ACT.
H 23: EDUCATION STUDIES AND OTHER CHANGES. (NEW)
H 28: NC MANAGING ENVIRONMENTAL WASTE ACT OF 2023.
H 116: MODIFY LAWS AFFECTING DISTRICT ATTORNEYS.
H 140: CIVILIAN TRAFFIC INVESTIGATORS. (NEW)
H 145: SOCIAL SERVICES REFORM.
H 162: LIVING DONOR PROTECTION ACT.
H 173: TREASURY ADMINISTRATIVE CHANGES ACT.-AB
H 178: MAINTENANCE OF STATE VETERANS CEMETERIES.
H 181: UNCLAIMED PROPERTY DIVISION CHANGES.-AB
H 189: FREEDOM TO CARRY NC. (NEW)
H 192: 2023 WILDLIFE RESOURCES CHANGES.-AB
H 198: DOT LEGISLATIVE CHANGES.-AB
H 201: RETIREMENT ADMIN CHANGES ACT OF 2023.-AB (NEW)
H 203: DST TECHNICAL CORRECTIONS.-AB
H 219: CHARTER SCHOOL OMNIBUS.
H 237: VARIOUS CRIMINAL AND ELECTION LAW CHANGES. (NEW)
H 251: AMEND FUNERAL PROCESSION LAW.
H 270: DEATH BENEFITS PARITY.
H 295: PROMOTE NORTH CAROLINA SAWMILLS.
H 326: NC TIME ZONE/OBSERVE DST ALL YEAR.
H 332: STREAMLINE COMM./MULTIFAM. BLDG. PLAN REVIEW.
H 346: REORGANIZATION & ECONOMIC DEVELOPMENT ACT.
H 394: AUTHORIZE FEDERAL NOTARIES.
H 395: COUNTIES/SEMIANNUAL ASSESSMENTS.
H 402: MOTOR VEHICLE INSURANCE REFORM.
H 413: TOPSAIL BEACH SPECIAL REGISTRATION PLATE.
H 426: VARIOUS ENVIRONMENTAL AMENDMENTS. (NEW)
H 427: HONOR WOMEN VETERANS PLATE/WOMEN VETERANS DAY. (NEW)
H 445: OPEN MEETING CHANGES. (NEW)
H 446: EXPEDITE SURPLUS PROP./EDUCATIONAL ORGS.
H 488: CODE COUNCIL REORG. AND VAR. CODE AMEND.
H 534: PROTECTING SCHOOL EMPLOYEES.
H 535: SOLAR CAPACITY LIMIT INCREASE. (NEW)
H 542: HOA REVISIONS/FORECLOSURE TRUSTEE AUCTIONS. (NEW)
H 561: NORTH CAROLINA COERCED DEBT RELIEF ACT.
H 570: EFFICIENT GOVERNMENT BUILDINGS & SAVINGS ACT.
H 586: YULIA'S LAW. (NEW)
H 588: HEIRS PROPERTY STUDY. (NEW)
H 593: VARIOUS LOCAL LAWS (NEW).
H 594: DIS. VETERAN HOMESTEAD EXCL. PREQUALIFICATION.
H 600: REGULATORY REFORM ACT OF 2023.
H 601: COMM. COLLEGES FUNDING & ACCOUNTABILITY STUDY.
H 612: EXPAND CRIMINAL JUSTICE FELLOWS PROGRAM.
H 618: CHARTER SCHOOL REVIEW BOARD.
H 647: EXPEDITE CHILD PERMANENCY.
H 658: TELECOMMUNICATIONS CARRIERS AMENDMENT.
H 674: CHILD ADVOCACY CENTERS/SHARE INFORMATION.
H 687: CLARIFY VACANCY FILLING PARTISAN BD. OF ED.
H 688: INCREASE ACCESS FOR SMALL EMPLOYERS/INSURANCE.
H 690: NO CENTRL BANK DIGITAL CURRENCY PMTS TO STATE. (NEW)
H 693: REPOSSESSION OF MANUFACTURED SIGN.
H 697: MODIFY VARIOUS COURTROOM PROCEDURES.
H 698: CODIFY/REPLACE COMM. LAW OBSTRUCT. OF JUSTICE.
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 726: CE CREDIT ACCEPTANCE STUDY.
H 734: VENUS FLYTRAP SPECIAL REGISTRATION PLATE.
H 736: JOEL H. CRISP SUDEP AWARENESS LAW.
H 747: NO WORK REQUIREMENT EXEMPTION/FNS BENEFITS.
H 750: ADDRESS ESG FACTORS.
H 768: LEO RETURN TO WORK FROM RETIREMENT. (NEW)
H 771: COMPENSATION FOR ON-PREMISES SIGN UPGRADES.
H 778: PROHIBITION ON DISCLOSING BOOKING PHOTOGRAPHS.
H 780: NC SPECIAL ID CARDS FOR HIGH SCHOOL STUDENTS. (NEW)
H 782: CODE EXEMPTION FOR TEMP. MOVIE SETS.
H 790: INNOCENCE INQUIRY COMMISSION PROVISIONS.
H 798: NC ACCOUNTABILITY/SAFETY NET.
H 808: GENDER TRANSITION/MINORS. (NEW)
H 809: HOSPITAL VIOLENCE PROTECTION ACT.
H 813: THE PRETRIAL INTEGRITY ACT.
H 814: EMERGENCY MANAGEMENT MODS.
H 815: THE LOVING HOMES ACT.
H 824: TEACHER LICENSURE CHANGES. (NEW)
H 837: MAKE NORTH CAROLINA MORE DEMENTIA-CAPABLE.
H 869: ENHANCE STATE FIRE PROTECTION GRANT FUND.
H 894: RECOGNIZING ISRAEL'S 75TH ANNIVERSARY.
H 895: HOUSE BOG ELECTIONS.
S 20: CARE FOR WOMEN, CHILDREN, AND FAMILIES ACT. (NEW)
S 112: GSC CONVEYANCES BETWEEN SPOUSES.
S 124: PREDATORY ROOFING/INS. REBATE REFORM. (NEW)
S 166: 2024 BLDG. CODE REGULATORY REFORM. (NEW)
S 206: CONTROL SUB./OPIOID/VACCINE/AT HOME OMNIBUS. (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/ONLINE AUCTIONS. (NEW)
S 321: MEDICAL DEBT DE-WEAPONIZATION ACT.
S 325: LIMIT ONLINE MARKETPLACE REGULATIONS.
S 329: RETAIL INSTALLMENT SALES ACT AMENDMENTS.
S 332: 2023 APPROPRIATIONS ACT CHANGES. (NEW)
S 355: NORTH CAROLINA FARM ACT OF 2024. (NEW)
S 356: CONSTITUTIONAL AMENDMENT/PHOTO ID. (NEW)
S 357: ADJUSTMENTS TO THE 2023 APPROPRIATIONS ACT. (NEW)
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: HHS OMNIBUS. (NEW)
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 2023-24. (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, SOC. SERV., AND DHHS REFORMS. (NEW)
S 636: SCHOOL ATHLETIC TRANSPARENCY.
S 638: MOVE OVER FOR DISABLED VEHICLES.
S 640: AMEND OCCUPATIONAL LICENSING BOARD STATUTES. (NEW)
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: THE DISASTER RECOVERY ACT OF 2024 - PART II. (NEW)
Actions on Bills: 2023-05-03
H 262: SCHOOL ASSIGNMENT ZONES.
H 264: PARTISAN ELECTION/MUNI./HAYWOOD & MADISON COS.
S 17: STANLY BD. OF COMM/BD. OF EDUC. (NEW)
S 143: PINEHURST-LIMIT COMMERCIAL DEVEL. MORATORIA.
S 169: LOCAL OMNIBUS CHANGES. (NEW)
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