House committee substitute to the 2nd edition makes the following changes.
Amends the percentage of initial Federal Broadband Equity, Access, and Development Program (BEAD) grant funds that the Department of Information Technology (DIT) may use for the listed purposes in SL 2021-180, as amended, as follows: (1) decreases the percentage that may be used for grant planning purposes from up to 3% to up to 1% and (2) decreases the percentage that may be used for administrative purposes from up to 2% to up to 1.5%. Authorizes DIT to use up to the actual amount of federal funds received for any Digital Equity planning funds.
Amends GS 143B-1337 (the Information Technology Strategy Board [Board]) to change the Board chair from the State Chief Technology Officer (CIO) to a Chair elected by a majority of the Board members. Provides for a one-year term for the Chair. Prevents the State CIO or any employee of DIT from being elected to serve as chair. Clarifies that the statute should not be deemed to extend the powers and duties of the Board to the areas of broadband mapping, broadband services, or any of the broadband deployment programs set forth in GS Chapter 143B’s article on DIT or otherwise established by State law or administered by DIT.
Requires DIT to develop and establish a formal challenge process that conforms with BEAD federal regulations and guidance for broadband programs. Requires DIT to solicit input from stakeholders and to consider the adaptability of the challenge process to fit existing State broadband grant programs and anticipated requirements related to federal programs. Requires DIT to submit a report outlining the formal challenge process and any legislative recommendations to the specified NCGA committee and the Fiscal Research Division by December 1, 2023.
Makes organizational changes. Makes conforming changes to act’s effective date.
The Daily Bulletin: 2023-06-27
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The Daily Bulletin: 2023-06-27
Senate committee substitute to the 3rd edition makes the following changes.
Part I.
Inserts new provision amending GS 115C-218.5(a) if House Bill 618 of the 2023 Regular Session (entitled An Act to Convert the Charter Schools Advisory Board into the Charter Schools Review Board, to Shift the Authority to Approve Charters from the State Board to the Review Board, and to Create a Right of Appeal to the State Board of Education from Review Board Decisions) does not become law, as follows. Prohibits the State Board of Education (Board) (was Charter School Review Board) from considering any alleged impact on the local school administrative unit or units in the area served by a charter school when deciding whether to grant, renew, amend, or terminate a charter.
Clarifies that the change to GS 115C-218.5(a) replacing the Board with the Charter School Review Board (Review Board) as the entity examining charter school applications only take effect if House Bill 618 becomes law.
Makes organizational changes to account for new section.
Part II.
Inserts new provision also amending GS 115C-218.7 (pertaining to material revisions of charters) to reflect the language in the statute if House Bill 618 does not become law. Specifies that the change to GS 115C-218.7 replacing the Board with the Review Board only takes effect if House Bill 618 becomes law.
Makes organizational changes to account for new section.
Part VII.
Deletes entirety of the third edition’s Part VII concerning charter school funding comparability and Part VIII concerning the classification of charter and nonpublic schools for interscholastic athletics. Replaces it with the following.
Authorizes the charter school Central Park School for Children in Durham County (Central Park School) to establish a pilot program to expand the school's weighted lottery admission procedures for a period of up to four years. Specifies that the pilot program must preserve existing weighting factors but may add additional weighting factors that serve the goal of assisting educationally or economically disadvantaged students, including walk zones. Specifies that an admissions lottery pilot program is not considered a material change of the Central Park School’s charter. Requires the Central Park School to submit an annual report for each year in which the pilot program is being designed or conducted to the Office of Charter Schools by June 15 that contains the following information: (1) a description of the pilot weighted lottery procedures, including the weighted factors considered and how those factors further the goals of the weighted lottery system; (2) how the pilot differed from the existing procedure; and (3) the number of students admitted under the pilot program that would not have otherwise been admitted. Applies to weighted lotteries conducted for the admissions process for the 2024-25 school year.
Senate committee substitute to the 2nd edition makes the following changes.
Section 1(a).
Amends GS 20-305(53)b.1., which makes it unlawful for a person to fail or refuse to allow retail customers (was, consumers) the ability to directly purchase from any of its franchised dealers all makes and models of new vehicles its authorized to sell to expand the exceptions to this rule to include when the inability to provide vehicles to the dealer is based on natural disasters, or other factors or events beyond the control of the manufacturer or distributor.
Amends GS 20-305(53)b.2., which makes it unlawful for a person to refuse to do or fail to require that all of the new vehicles manufactured or distributed by the manufacturer or distributors that sold or leased to retail customers (was, purchasers or lessees) located in the State be physically delivered by an authorized same line-make franchised dealer (was, just same line-make franchised dealer) either selected by the retail customer or closest to the retail customer (was, same line-make dealer closes to the purchaser or lessee in addition to line-make dealer selected by purchaser or lessee). Exempts fleet sales to a fleet customer that has a designation as such by the manufacturer or distributor. Makes conforming changes.
Amends GS 20-305(53)c., which specifies that it is unlawful for a person to fail or refuse to allow all of its franchised dealers located in the State to do any of six listed things, as follows. Amends GS 20-305(53)c.2. so that it pertains to the storage of new and used propulsion batteries (was, new and used batteries). Changes the amount of reimbursement to a dealer from the full cost of storing used batteries more than 30 days after the manufacturer or dealer has been notified of their availability to be picked up to the reasonable pro-rata cost of storing used batteries for that period. Specifies that nothing in the sub-sub-subdivision will be deemed to grant a dealer the right to purchase new or used propulsion batteries from a manufacturer or distributor to maintain in the dealer's inventory. Clarifies that a dealer's right to order propulsion batteries from or through a manufacturer or distributor and maintain a reasonable supply of such batteries in stock is governed by the same provisions, limitations, and availability as the dealer's right to order and stock other parts, as delineated in GS 20-305(53)c.4. (discussed below).
Amends GS 20-305(53)c.3., so that it now makes it unlawful for a person to fail or refuse to allow its franchised dealers the opportunity to purchase, on the same terms (was, just purchase), used vehicle inventory distributed or made available by that manufacturer or distributor without imposing any unrelated or unreasonable (was, any additional) conditions or requirements on their dealers.
Amends GS 20-305(53)c.4. which now makes it unlawful for a person to fail or refuse to allow all of its franchised dealers located in the State to, subject to availability, have the opportunity to order from or through the manufacturer or dealer a reasonable supply of parts required for service or repair of the manufacturer or dealer’s vehicles based on the volume of warranty service work performed by the dealer (was, just service work and no subject to availability language). Expands the scope of the exemptions to include failures of the manufacturer or distributor to provide parts due to Acts of God, material shortages, product recalls (was, product recalls beyond the control of the manufacturer or distributor), or other factors beyond the control of the manufacturer or distributor. Permits a manufacturer or distributor to impose reasonable restrictions and limitations on a dealer's ability to order and maintain in inventory certain parts exclusively used for a particular model of motor vehicle, provided that: (1) the model is publicly designated by the manufacturer or distributor as being a specialty or limited production motor vehicle and (2) worldwide production of the motor vehicle model is less than 10,000 vehicles in any given model year.
Amends GS 20-305(53)c.5., which now makes it which makes it unlawful for a person to fail or refuse to allow all of its franchised dealers located in the State to engage independent advertising if the manufacturer or distributor has not contributed tangible items of property or resources owned or paid for by the manufacturer or distributor towards the dealer’s specific advertising material (was, just dealer’s advertising) in addition to other previously listed contributions. Amends the exemptions so that it now clarifies that GS 20-305(53)c.5. does not authorize a dealer to advertise the products offered by the manufacturer or distributor in a disparaging or misleading manner (was, in a manner that disparages or violates the reasonable brand image requirements of the manufacturer or distributor) in addition to not authorizing interference with intellectual property rights.
Amends GS 20-305(53)d., which makes it unlawful for a person to engage in any of the following things pertaining to the sale and negotiation of all motor vehicles in the State, as follows. Amends GS 20-305(53)d.1.(making it unlawful for a person to retain ownership of new motor vehicles until they are sold or leased to retail customers in the state, subject to certain exceptions) to allow a manufacturer, factory branch, distributor, or distributor branch to retain ownership of new motor vehicles held in a common supply of new vehicles until such vehicles are sold to its authorized franchised dealers. Makes technical changes.
Amends GS 20-305(53)d.2. to increase the exceptions to its prohibition on consigning new motor vehicles to its franchised dealers in this State for dealer inventory or for sale or lease to retail customers located in this State to include a sale or lease of a vehicle in connection with a replacement under GS Chapter 20, Article 15A or for display purposes.
Amends GS 20-305(53)d.3., (making it unlawful to reserve the right to negotiate binding terms of sale or lease directly with retail customers purchasing or leasing new motor vehicles located in this State) so that it now authorizes a manufacturer or distributor to engage in fleet sales to a fleet customer that has a designation as such by the manufacturer or distributor (previously, specified that displaying a manufacturer’s or distributor's retail price on a manufacturer or distributor-owned or controlled website or other electronic or digital means of communication will not be considered negotiating binding terms of sale or lease).
Amends GS 20-305(53)d.4. (prohibiting a person from designating its franchised dealers in the State to be only delivery agents), as follows. Specifies that nothing in GS 20-305(53)(d)(4) prohibits a manufacturer or distributor from: (1) setting or advertising a suggested retail price, minimum advertised price, employee or supplier discount price, or special finance, lease, or other promotional offers; (2) stating an estimated trade-in valuation of a customer's vehicle that is designated as such and based on a valuation guide whose identity is conspicuously disclosed; provided that in close proximity to any such stated estimated trade-in valuation, the manufacturer or distributor conspicuously discloses that the actual valuation of any used vehicle is dependent on many factors and the dealer is not obligated to accept the estimated trade-in valuation; or (3) displaying prices that dealers voluntarily set and choose to display. Makes clarifying change.
Deletes GS 20-305(53)d.5., which clarified that nothing in GS 20-305(53)d. prohibits a manufacturer or distributor from setting or advertising a suggested retail price or a minimum advertised price.
Amends GS 20-305(53)d.5. (was, GS 20-305(53)d.6.) which prohibits a person from unreasonably impeding or interfering with the ability of its rural and other franchised dealers in the State to obtain from that manufacturer or distributor certain vehicles for sale in the State, as follows. Clarifies that the prohibition applies only to vehicles with the dealer is authorized to sell. Changes the definition of technologically advanced vehicle (TAV) to mean an electric vehicle (EV) or hydrogen vehicle (was, any vehicle that utilizes an alternative technology other than an internal combustion engine for propulsion, with examples given). Amends defined term unreasonably impede or interfere with so that it no longer includes charging a dealer or no longer requiring that a dealer located in the State invest or spend more than 10% above the minimum TAV investment. Now specifies that if a manufacturer or distributor has established any training, infrastructure, capital, or equipment requirements as a condition for a dealer to sell TAVs, to fail or refuse to promptly cause, at a dealer's request, a detailed, itemized, individual dealer assessment to determine the minimum TAV investment each dealer would need to make for training, facilities, tools, parts, equipment, and charging stations for vehicle service and for training dealership employees and customers. (Was, If a manufacturer or distributor has established any training, infrastructure, capital, or equipment requirements as a condition for a dealer to sell TAVs, to fail or refuse to promptly cause, at a dealer's request, a detailed, itemized, individual dealer assessment to be performed for each of its franchised dealers located in this State that desires to sell and service that manufacturer's or distributor's TAVs to determine the minimum TAV investment each dealer would need to make for training, facilities, tools, parts, equipment, and charging stations for vehicle service and for training dealership employees and customers.)
Amends GS 20-305(53)d.6. (was, GS 20-305(53)d.7.) so that now it is now unlawful for a person to withhold all or any portion of any incentive payment from any of its dealers located in this State on the basis of a dealer's failure to comply with any unlawful or prohibited condition or requirement (was, also contrary or inconsistent with the subdivision).
Amends GS 20-305(53)d.7. (was, GS 20-305(53)d.8.) so that it is only unlawful for a person to require, coerce, or attempt to coerce a dealer to make expenditures related to achieving or making progress toward achieving CO2 neutrality (was reductions or neutrality) at the dealer’s facility at the expense of the dealer.
Makes organizational changes.
Section 1.(c).
Amends exceptions to new GS 20-305(55) (unlawful for a person to interfere with the independence and governance of a dealer or dealer applicant having multiple owners by requiring, coercing, or attempting to coerce the dealer or dealer applicant to enact specified measures that would alter its governance, facilities, and finances) to specify that it does not prohibit a manufacturer or distributor from requiring the dealer or dealer applicant to designate a single natural person that the manufacturer or distributor may contact and who will be responsible for all business communications with the manufacturer or distributor (was, just business communications) and day to day business decisions not identified in GS 20-305(55) (was day-to-day business decisions with the manufacturer or distributor), or from requiring that the designated person be physically present at the dealership premises.
Section 1.(d).
Amends the definition of motor vehicle under GS 20-286(10) (definitions of the NC Motor Vehicle Dealers and Manufacturers Licensing Law) so all autonomous vehicles are motor vehicles that are subject to the licensing law, except as otherwise provided in GS 20-286(10)(c). Defines autonomous vehicle as a motor vehicle that utilizes autonomous or self-driving technology rated at Level 0, 1, 2, 3, 4, or 5 by the Society of Automotive Engineers.
Section 2.(a).
Amends GS 20-305(56) (setting forth conduct that constitutes the unreasonable interference of the establishment, maintenance, operation, or control of either a single location dealer website or dealer group website) as follows.
Amends definition of single location dealer website so that it now means a website that is owned or operated by or on behalf of a new motor vehicle dealer that is licensed in this State and that advertises, markets, displays, sells, or leases new and used motor vehicles that are only available for sale or lease at the dealership owned by that dealer. (Was, a website that is owned or operated by a new motor vehicle dealer or an entity that is affiliated with a new motor vehicle dealer licensed in this State and that advertises, markets, displays, sells, or leases new and used motor vehicles that are only available for sale or lease at a single dealership location within this State.)
Amends definition of dealer group website so that it now means website that is owned or operated by or on behalf of a new motor vehicle dealer licensed in this State and that advertises, markets, displays, sells, or leases new and used motor vehicles that are available for sale or lease at more than one dealership location within this State. (Was, a website that is owned or operated by one or more affiliated new motor vehicle dealers or one or more affiliated entities licensed in this State and that advertises, markets, displays, sells, or leases new and used motor vehicles that are available for sale or lease at more than one dealership location within this State.)
Narrows the definition of unreasonable interference so it no longer includes bonuses or incentives programs created or sponsored by a manufacturer or distributor. Instead, the definition now includes any contractual or other prohibition or any policy that does any of the list of six non-exhaustive instances of unreasonable interference. Amends provisions of non-exhaustive list pertaining to unlawful restriction of use of manufacturer logos and marks by single location dealer and group dealer website to specify that they cannot advertise the products offered by the manufacturer or distributor in a disparaging or misleading manner. Makes conforming changes to account for new definitions set forth above. Makes clarifying changes. Further clarifies that nothing in GS 20-305(56)(a) prevents a manufacturer or distributor from preventing ingle location dealer and group dealer website from advertising the products offered by the manufacturer or distributor in a disparaging or misleading manner.
Amends GS 20-305(65)b.1. (pertaining to manufacturer websites), so that it now makes it unlawful for any manufacturer or distributor to fail to give, to the extent technologically feasible and practical (was, just technologically feasible), substantially equivalent visibility to all of the manufacturer's or distributor's authorized same line-make (was, same franchised) franchised dealers that are located in this State, on the websites described in the definition, but now authorizes the manufacturer or distributor to limit visibility either at the election of the customer or in relation to the distance of the authorized dealer to the customer or the location at which the customer appears to be. Removes reference to prices in GS 20-305(65)b.2. (prohibiting websites or other electronic or digital means of communication for sale or lease of vehicles directly between the manufacturer or distributor and retail customers in the State). Specifies that nothing in GS 20-305(65)b.2. prevents a manufacturer or distributor from engaging in fleet sales to a fleet customer that has a designation as such by the manufacturer or distributor, or establishing or offering employee or supplier discount pricing, provided the dealer is not required to participate in such program.
Effective November 1, 2023, and applies to all current and future franchises and other agreements in existence between any new motor vehicle dealer located in this State and a manufacturer or distributor as of that date.
Section 3.
Deletes prior Section 3, which amended GS 20-305.2 and replaces it with the following. Amends GS 20-305(14), which makes it unlawful to delay, refuse, or fail to deliver motor vehicles or motor vehicle parts or accessories in reasonable quantities relative to the new motor vehicle dealer's facilities and sales potential in the new motor vehicle dealer's market area as determined in accordance with reasonably applied economic principles, or within a reasonable time, after receipt of an order from a dealer having a franchise for the retail sale of any new motor vehicle sold or distributed by the manufacturer or distributor, any new vehicle, parts or accessories to new vehicles as are covered by such franchise, and such vehicles, parts or accessories as are publicly advertised as being available or actually being delivered in this State (currently, just delivered). Specifies that the delivery to another dealer of a motor vehicle of the same model and similarly equipped as the vehicle ordered by a motor vehicle dealer who has not received delivery thereof, but who has placed his written order for the vehicle prior to the order of the dealer receiving the vehicle, shall be prima facie evidence (currently, just evidence) of a delayed delivery of, or refusal to deliver, a new motor vehicle to a motor vehicle dealer within a reasonable time, without cause. Expands the requirements governing how every manufacturer, factory branch, distributor, or distributor branch must allocate its products within this State by adding the following additional requirements: (1) allocates available vehicle features and options to each of its authorized same line-make dealers in a fair, reasonable, and equitable manner that takes into consideration the dealer's historical experience and success in selling vehicles similarly configured and that contain similar options; (2) discloses to each of its franchised dealers handling the same line-make, both its system of allocation and the dealer's actual new vehicle allocation that occurred during the previous calendar month and during the previous six calendar months, including, but not limited to, a complete breakdown by model, color, equipment, and, to the extent tracked by the manufacturer or distributor, other available features and an explanation of the derivation of the allocation system, including its mathematical formula or formulae, in a clear and comprehensible form. Specifies uses for the data. Exempts manufacturers or distributors of Class 4 vehicles or above (Gross Vehicle Weight Rating exceeding 14,000 lbs.) as classified by the Federal Highway Administration from the disclosure requirements described above. Deletes reallocation provisions for certain new motor vehicle dealers.
Section 4.
Deletes amendments to GS 20-305 that would have made it illegal for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any of those entity’s representatives to use economic coercion (as defined) to influence a dealer to participate in or comply with any program or policy sponsored, endorsed, or supported by the manufacturer or distributor, in order to sell any model, type, or series of vehicle or other products or services, in addition to other listed prohibited conduct.
Now enacts new GS 20-305(58) which makes it illegal for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any of those entity’s representatives to sell, or activate for a fee, any permanent or temporary motor vehicle accessory, option, add-on, service, feature, improvement, or upgrade on or to any motor vehicle owned or leased by a retail customer located in this State, through over-the-air or remote means, unless the manufacturer or distributor complies with six listed requirements, including: (1) the manufacturer or distributor permits all of its franchised same line-make dealers that are located in this State to sell the same motor vehicle accessory, option, add-on, service, upgrade, feature or improvement to retail customers on the same terms offered by the manufacturer or distributor; (2) permanent or temporary motor vehicle accessory, option, add-on, service, upgrade, feature or improvement is activated or installed directly on the retail customer's motor vehicle through remote electronic transmission; and (3) provisions pertaining to reasonable dealer compensation by the manufacturer or distributor when the sale or activation of a permanent or temporary motor vehicle accessory, option, add-on, service, upgrade, feature, or improvement by either the manufacturer or the direct involvement of the dealer who sells or leases the vehicle to the retail customer occurs at the time of the new motor vehicle sale or lease, or within the 12-month period immediately following the sale or lease of the new motor vehicle.
Deletes amendments to GS 20-286 that would have added to the definitions that apply in Article 12, Motor Vehicle Dealers and Manufacturers Licensing Law, of GS Chapter 20 the term sell or selling, so that it would have specified that it applies to retail customers and transactions. Deletes proposed amendments to GS 20-305 that would have made it illegal for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any of those entity’s representatives to (1) engage in this State in any of the activities of a motor vehicle dealer, except as expressly permitted by GS 20-305.2 (unfair methods of competition; protection of car-buying public), or to compete with any of its same line-make dealers in this State with respect to the sale of any products or services that the dealer is authorized to sell pursuant to its franchise, by the manufacturer's or distributor's remote electronic transmission to the retail customer of any motor vehicle accessory, option, add-on, feature, improvement, or upgrade and (2) sell or lease any motor vehicle of a line-make for which it has any in-state franchised dealers directly to an in-state end user or to activate for a fee any vehicle accessory, option, add-on, feature, improvement, or upgrade, on or to any vehicle owned or leased by an in-state end user, in a manner other than through a same line-make dealer within a five-year period subsequent to the sale or lease of the vehicle to the retail customer. Deletes amendments to GS 20-305.2 that would have permitted a manufacturer or distributor to sell certain a motor vehicle accessories, options add-ons, features, improvements, or upgrades for a motor vehicle of a line-make manufactured, imported, or distributed by the manufacturer.
Section 5.
Deletes amendments to GS 20-305.1(a1) including amendments to the presumption related to the reasonableness of the average parts makeup rate and the average labor rate and concerning the filing of a protest when a manufacturer or distributor believes the dealer's submission is fraudulent.
Section 7.
Amends GS 20-296, concerning notice and hearing requirements when a license of a new motor vehicle dealer, used motor vehicle dealer, motor vehicle sales representative, manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler is suspended, revoked, denied, placed on probation, or renewal is refused. Adds that for each alleged violation, the Division of Motor Vehicles must determine whether entering into a settlement agreement or consent order with the licensee or application either before or after the hearing would promote the interests of justice and administrative efficiency; provides that this is unappealable. Makes additional clarifying and technical changes. Applies to violations occurring on or after December 1, 2023.
Section 8.
Amends GS 20-75.1 (Conditional delivery of motor vehicles) to delete the requirement that a dealer inform the purchaser’s insurance provider on the day of the purchase, or the next business day after the purchaser secures financing and the manufacturer’s certificate of origin or the certificate of title is executed, if the insurer is not open that day. Replaces the deleted requirement with a new procedure where the dealer executes the manufacturer’s certificate of origin or the certificate of title, and the purchaser or lessee is responsible for informing their insurer that the purchaser’s/lessee’s financing has been approved. Clarifies that the purchaser or lessee is solely responsible for paying for insurance on the vehicle and the dealer is not responsible for the purchaser’s/lessee’s failure to obtain insurance.
Section 9.
Amends GS 20-288(a)(1) to create new subsubdivision a1., adding to the requirements that must be met before DMV can issue a vehicle dealer license to an applicant who has indicated that the applicant or its parent, subsidiary affiliate, or other related entity is a manufacturer, factory branch, factory representative, distributor, distributor branch, or distributor representative. Now adds the requirement that the DMV to publish notice in the Carolina Register whenever it receives an application for a motor vehicle dealer license from a manufacturer, factory branch, factory representative, distributor, distributor branch, or distributor representative. Establishes the required contents of that notice, including identifying which of the specific exceptions to the prohibition of dealer licenses for those entities that the applicant contends it qualifies under. Also amends the conditions to be met to specify that the hearing held by the DMV on the application must be no earlier than 30 days after the application notice is published in the Carolina Register. Amends subdivision (a)(2) to require notice of the license application be published promptly in the North Carolina Register upon receipt (was, submission) of a license application. Makes conforming changes to GS 20-295.
Makes organizational changes throughout.
| Intro. by B. Jones, Ross, Wray. | GS 20 |
Senate committee substitute to the 2nd edition makes the following changes.
Sections 1 and 5.
Changes certain powers of the unit owners’ association (Association) under the NC Condominium Act (GS 47C-3-102) or a homeowners’ association (HOA) under the NC Planned Community Act (GS 47F-3-102) as follows. Specifies that an Association/HOA cannot compensate a managing agent based in whole or in part on the amount of fines collected on behalf of the Association/HOA. Prohibits any such contracts from containing an automatic renewal provision or exceeding one year in duration. Applies to contracts between an Association/HOA and a managing agent entered into on or after the date the act becomes law.
Prevents an Association/HOA from enforcing any restriction on parking on a public street or public road for which the NC Department of Transportation or local government has assumed responsibility for maintenance and repairs. Prevents an Association/HOA from levying a fine for a violation of a provision restricting or prohibiting tutoring, educational lessons, academic lessons, music lessons, or swimming lessons provided in the owner's unit to a group of no more than five people at any one time, regardless of whether compensation is received for such lessons. Permits an Association/HOA to impose a reasonable charge for providing copies of records requested by a member, not to exceed the actual cost of photocopying the records.
Prevents an Association/HOA from imposing a charge for administrative tasks required upon the transfer of title to a unit, except as authorized by GS 47C-3-102(12a) (Associations) or GS 47F-3-102(13a) (HOAs). Specifies that a violation of this provision is an unfair and deceptive trade practice under State law.
Sections 2 and 6.
Specifies that all fines collected by either an Association under GS 47C-3-107.1 or an HOA under GS 47F-3-107.1 as part of a proceeding for fines and suspension of planned community privileges or services must be remitted to the Civil Penalty and Forfeiture Fund (Fund).
Sections 3 and 7.
Amends GS 47C-3-116 (pertaining to liens imposed for sums due to Associations) and GS 47F-3-116 (pertaining to liens imposed due to HOAs in planned communities) as follows.
Removes requirement that the delinquent assessment be at least $2,500 or one year of Association/HOA assessments, whichever is less, that remains unpaid for a period of 30 days or longer to constitute a lien on the unit/lot when a claim of lien is filed. Now specifies lien-filing deadline of 30 days after the fine was imposed for debts consisting solely of fines imposed by the Association/HOA interest on unpaid fines, or attorneys' fees incurred by the Association/HOA solely associated with fines imposed by the Association/HOA.
Clarifies that if an Association/HOA is going to provide notice of a delinquent assessment to the unit/lot owner by phone or email, it can only do so if the owner has designated an email address or telephone number with the Association/HOA.
Specifies that a lien for a debt consisting solely of fines imposed by the Association/HOA, interest on unpaid fines, or attorneys' fees incurred by the Association/HOA solely associated with fines imposed by the Association/HOA is extinguished unless proceedings to enforce the lien are instituted within 180 days after the filing of the claim of lien in the office of the clerk of superior court. Further specifies in any such action to enforce any such liens, any award of attorneys’ fees cannot exceed 15% of the amount recovered.
Deletes authority to Associations/HOAs to foreclose a claim of lien in like manner as a mortgage or deed of trust on real estate under power of sale if the assessment remains unpaid for 90 days or more along with accompanying procedural requirements for those foreclosure proceedings. Instead, Associations/HOAs may, through their executive boards, enforce a claim of lien by judicial foreclosure under GS Chapter 1, Article 29A, so long as the following four requirements are met: (1) the amount of the unpaid assessments exceeds $2,500 or twelve months of assessments, whichever is less; (2) the debt secured by the claim of lien does not consist solely of fines imposed by the Association/HOA, interest on unpaid fines, or attorneys' fees incurred by Association/HOA; (3) the assessment remains unpaid for at least 90 days; and (4) the Association/HOA’s executive board votes to commence the proceeding against the specific lot.
Requires the unit owners’/homeowners’ association to provide proper notice of delinquent assessment to the unit/lot owner before filing a claim of lien. Sets forth rules related to notice and makes conforming changes to the owner's contact information that must be given to the association.
Makes conforming changes.
Amends the required language for a claim of lien asserted by an Association under GS 47C-3-116(c) so that it reads, “This document constitutes a lien against your property, and if the lien is not paid, the Association may proceed with judicial foreclosure (was, foreclosure) against your property (was, against your property in like manner as a mortgage under NC law)."
Sections 4 and 8.
Amends GS 47C-3-118 (Association records) and GS 47F-3-118 (HOA records) authorizing a property owner or their authorized agent to inspect and copy, at a reasonable time and location specified by the Association/HOA, any contract entered into authorizing a managing agent to exercise any of the powers granted to the Association/HOA under GS 47F/C-3-102 if the owner gives the Association/HOA written notice of the demand at least five business days prior to the date on which the owner wishes to inspect and copy.
Section 9.
Amends GS 115C-457.1 (creation and administration of the Civil Penalty and Forfeiture Fund) to authorize the General Assembly to authorize the placement of additional funds from other sources into the Fund. Amends GS 115C-457.2 (remittance of monies into the Fund) to direct that any additional funds that the General Assembly authorizes to be placed in the Fund must be remitted to the Office of State Budget and Management by the entity having custody of the funds within 10 days after the close of the calendar month in which the funds were received or collected.
Section 10.
Amends exceptions to the formatting requirements set forth in GS 161-14(b) (registration of instruments) to also exclude certified copies of a court-filed document presented for registration on paper (was, just instruments listed under GS 25-9-521 [uniform form of written financing statement and amendment]). Effective December 1, 2023.
Section 11
Amends GS 45-21.4 (places of sale of real property) to increase the number of places where sale of real property may occur when either (1) the mortgage or deed of trust with power of sale of real property confers the mortgagee or trustee the right to designate the place of sale or (2) the mortgage or deed of trust with power of sale of real property does not designate, or confer upon the mortgagee or trustee the right to designate, the place of sale, or when it designates as the place of sale some county in which no part of the property is situated, to include another public location within the county (or counties) where the land (or any part thereof, if the land is in more than one county) is situated as designated by the mortgagee or trustee if the deed of trust/mortgage confers them with the right of sale or as designated by the clerk of the superior court where the land (or any part thereof) is located.
Amends GS 45-21.23 (time of sale of real property) to increase the time when a sale must begin from no later than one hour after the designated start time in the notice of sale to three hours after that start time.
Enacts new GS 45-21.25A authorizing remote bids for sale of real property, as follows. Authorizing the person exercising the power of sale of real property or their agent to accept remote bids from persons not physically present at the place of sale, as designated pursuant to GS 45-21.4. Requires that all bids accepted at the sale must be clearly announced to all participating bidders, whether physically present or not. Directs the person exercising the power of the sale or their agent to collect all funds required to be by the winning bidder prior to accepting a remote bid. Prohibits the person exercising the power of sale of real property or their agent from assessing any charges to the mortgagor incurred in connecting with remote bidding. Further specifies that such charges are not recoverable as costs and expenses of the foreclosure.
Makes Section 11 effective October 1, 2023, and applicable to notices of foreclosure sale filed with the clerk of superior court on or after that date.
Makes organizational changes and conforming changes to the act’s effective date. Makes conforming changes to the act’s titles.
Senate committee substitute to the 1st edition makes the following changes.
Amends proposed GS 14-190.17B as follows. No longer requires courts to order a defendant who viewed child pornography and has been convicted of first, second, or third degree sexual exploitation of a minor to make restitution. No longer includes in the calculation of the full amount of the victim's losses any other relevant losses (other than the five already listed) incurred by the victim.
| Intro. by Davis. | GS 14 |
Senate amendment to the 3rd edition makes the following changes.
Adds the following.
Amends GS 90A-60 to also require certificates as a registered environmental health associate to expire on December 31 of the current year and requires that they be renewed annually by January 1. Makes renewal subject to the specified fees. Also requires both registered environmental health interns and registered environmental health associates to complete any required continuing education requirements for renewal of a certificate.
Amends GS 90A-65 to allow holders of a current certificate of registration to use the initials R.E.H.A. after their name.
Makes the above changes, as well as the already included changes to Article 4, Registrations of Environmental Health Specialists, of GS Chapter 90A, effective May 1, 2024.
Provides that if Senate Bill 582 (North Carolina Farm Act of 2023) becomes law, then GS 130A-343(h), as amended by that act, to provide that the specified requirements apply if the Commission for Public Health (was, Department of Health and Human Services) designates a wastewater dispersal system as an Accepted wastewater system.
Provides that fees assessed pursuant to GS 130A-335(a6), as amended by Section 1 of this act also become effective September 1, 2023.
House committee substitute the 2nd edition makes the following changes.
Amends topics that the Department of State Treasurer must study to now require studying: (1) the process of acquiring, securely storing, insuring, and liquidating any investment metal bullion, such as gold, and virtual currency, such as Bitcoin, that may be held on behalf of the State; (2) the expected impact of allocating a portion of the General Fund to investment metal bullion and virtual currency to hedge against inflation and systemic credit risks, reduce overall portfolio volatility, and increase portfolio returns over time; and (3) the costs, benefits, and security of utilizing a privately managed depository or another state's depository or creating a State-administered depository to serve as the custodian, guardian, and administrator of certain investment metal bullion and virtual currency that may be transferred to or otherwise acquired by this State or an agency, a political subdivision, or another instrumentality of this State and to provide a repository for investors to use for such assets. Changes the due date of the report on the study from January 1, 2025, to January 1, 2024.
Amends the act's long title.
Senate committee substitute to the 2nd edition makes the following changes.
Adds the following content.
Section 2
Amends GS 14-208.9A (pertaining to verification of registration information) to allow the Department of Public Safety (DPS) to deliver the sex offender registry verification form to the Division of Prisons for individuals in their custody who are on the registry and serving a sentence of more than 24 months, in lieu of non-forwardable mail.
Amends GS 14-208.12A to clarify that a petition to terminate the 30-year registration requirement must be filed in the district where the person was convicted, regardless of their current county or state of residence.
The above provisions are effective August 1, 2023, and apply to verification forms sent and petitions filed on or after that date.
Section 3
Amends GS 15A-831 of the Crime Victims’ Rights Act (Act) (pertaining to the responsibilities of law enforcement) to remove the requirement that law enforcement provide the victim with a form with information pertaining to their rights under the Act and the process within 72 hours after identifying a victim covered by the Act, so that requirement is just that law enforcement provide the form to the victim as soon as practicable. Amends GS 15B-11, setting forth grounds for denial of an award of compensation under the Act to no longer deny compensation if the criminally injurious conduct was not reported to a law enforcement officer or agency within 72 hours of its occurrence, and there was no good cause for the delay. Makes organizational and technical changes.
Section 4
Amends GS 42-40 (the definitions provisions of the landlord tenant act) to include victims of attempted homicide or household members of a victim of attempted homicide under GS 14-17 (first and second degree murder), GS 14-18 (manslaughter), GS 14-18.4 (death by distribution of controlled substances), GS 14-23.2 (murder of an unborn child), GS 14-23.3 (voluntary manslaughter of an unborn child), and GS 14-23.4 (involuntary manslaughter of an unborn child) where the premises was the location of the crime to the definition of protected tenant. Makes organizational and technical changes. Makes conforming changes to GS 42-45.1 (early termination of residential lease by a protected tenant) to account for the victims of attempted homicide set forth above. Makes language gender neutral. Effective August 1, 2023, and applies to rental agreements entered into, amended, or renewed on or after that date.
Section 5
Enacts new GS 8-53.12A creating a privilege for certain communications with homicide victim advocates, as follows. Defines agent, family member, homicide, services, victim, and victim assistance center. Specifies that no agent of a victim assistance center shall be required to disclose any information that the agent acquired during the provision of services to a victim and that was necessary to enable the agent to render the services, unless the victim waives the privilege conferred. Specifies that the privilege terminates upon the death of the victim. Only permits the court to require disclosure (either at trial or prior to trial) if it finds, by the preponderance of the evidence, a good-faith, specific, and reasonable basis for all of the following: (1) the records or testimony sought contain information that is relevant and material to factual issues to be determined in a civil proceeding or that is relevant, material, and exculpatory upon the issue of guilt, degree of guilt, or sentencing in a criminal proceeding for the offense charged or any lesser included offense; (2) the evidence is not sought merely for character impeachment purposes; (3) the evidence sought is not merely cumulative of other evidence or information available or already obtained by the party seeking the disclosure. Sets forth the duties of the court pertaining to disclosure of the records. Clarifies that nothing in GS 8-53.12A should be construed to relieve any person of any duty pertaining to abuse or neglect of a child or disabled adult as required by law.
Section 6
Amends GS 50B-2(c1) (pertaining to initial ex parte orders in domestic violence cases issued by a magistrate) to remove the provision of the statute directing that the ex parte order expire and that a hearing be scheduled by the end of the next day on which the relevant district court is in session. Instead requires that a hearing be held by a district court judge within 10 days from the date of issuance of the order or within seven days from the date of service of process on the other party, whichever occurs later. Specifies that a continuance will be limited to one extension of no more than 10 days unless all parties consent or good cause is shown. Directs the hearing to have priority on the court calendar. Effective October 1, 2023, and applies to ex parte orders issued on or after that date.
Section 7
Enacts new GS 14-318.7 creating the following new felonies for exposing a child to a controlled substance (defined as a controlled substance, controlled substance analogue, drug, marijuana, narcotic drug, opiate, opioid, opium poppy, poppy straw, or targeted controlled substance): (1) Class H felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance; (2) Class E felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance, and as a result the child ingests the controlled substance; (3) Class D felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance and as a result the child ingests the controlled substance, resulting in serious physical injury; (4) Class C felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance and as a result the child ingests the controlled substance, resulting in serious bodily injury; and (5) Class B1 felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance and as a result the child ingests the controlled substance, and the ingestion is the proximate cause of the death. Applies to offenses committed on or after December 1, 2023.
Makes conforming organizational changes. Amends the act's titles.
AN ACT TO ADDRESS THE USE OF ENVIRONMENTAL, SOCIAL, AND GOVERNANCE CRITERIA BY STATE AGENCIES AND STATE PENSION PLAN FIDUCIARIES. SL 2023-64. Enacted June 27, 2023. Effective June 27, 2023.
Senate amendments make the following changes to the 2nd edition.
Amendment #1
Amends GS 87-21 to provide that evidence that a plumbing or heating licensee has continuously maintained a license in good standing for at least 10 years is accepted as experience for Class II plumbing and heating qualifications (was, evidence that a licensee has maintained a license in good standing for at least of 15 years is accepted as experience for plumbing and heating qualifications).
Amends the act's long title.
Amendment #2
Amends Section 2(b) of the act by amending the requirements of the radon proficiency program approval rules by amending the radon proficiency program that is to be approved, to require that the program, in the alternative to establishing compliance and periodic reaccreditation with the international program approval standard through accreditation by a recognized accreditation body, demonstrate current approval by the US Environmental Protection Agency as a radon proficiency program.
Senate amendment to the 5th edition makes the following changes.
Makes Section 2 of this act, which enacts new 90-21.154, concerning civil remedies, effective upon the earlier of July 1, 2023, or when the act becomes law (was, effective July 1, 2023).
The Daily Bulletin: 2023-06-27
Senate committee substitute to the 3rd edition makes the following changes.
Deletes Part III of the act, which amended GS 78A-36 to prohibit a securities salesman from registering with more than one dealer unless each of the dealers which employs or associates the salesman is under common ownership or control (previously, no exception was given to the prohibition on registering with more than one dealer). Makes conforming organizational changes and changes to the act's long title.
AN ACT TO INCREASE COMPLIANCE BY COUNTIES AND MUNICIPALITIES THAT FAIL TO TIMELY SUBMIT AN ANNUAL AUDIT REPORT. SL 2023-59. Enacted June 27, 2023. Section 1 is effective January 1, 2024, and applies to audits for fiscal years ending on or after June 30, 2023. The remainder is effective June 27, 2023.
| Intro. by Barnes, Johnson. | GS 159 |
AN ACT TO AMEND THE RETAIL INSTALLMENT SALES ACT. SL 2023-60. Enacted June 27, 2023. Effective October 1, 2023.
| Intro. by Perry, Britt. | GS 25A |
AN ACT TO AMEND THE NORTH CAROLINA CONSUMER FINANCE ACT. SL 2023-61. Enacted June 27, 2023. Effective October 1, 2023.
AN ACT TO AMEND THE STATE HUMAN RESOURCES ACT TO PROHIBIT COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT OR COMMUNITY COLLEGE EMPLOYMENT, TO DEMONSTRATE THE GENERAL ASSEMBLY'S INTENT THAT STATE AND COMMUNITY COLLEGE EMPLOYEES RECOGNIZE THE EQUALITY AND RIGHTS OF ALL PERSONS, AND TO PROHIBIT STATE GOVERNMENT AND COMMUNITY COLLEGE WORKPLACES FROM PROMOTING CERTAIN CONCEPTS THAT ARE CONTRARY TO THAT INTENT. SL 2023-62. Enacted June 27, 2023. Effective December 1, 2023.
| Intro. by Daniel, Johnson, Overcash. | GS 126 |
AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL AND WASTEWATER LAWS OF THIS STATE. SL 2023-63. Enacted June 27, 2023. Effective June 27, 2023, except as otherwise provided.
| Intro. by Jackson, Sanderson, B. Newton. | Chatham, Cumberland, Harnett, Hoke, Lee, Montgomery, Moore, Richmond, GS 14, GS 15A, GS 19A, GS 20, GS 87, GS 90, GS 90A, GS 99E, GS 103, GS 105, GS 106, GS 115C, GS 115D, GS 116, GS 130A, GS 136, GS 143, GS 145, GS 160D |
House committee substitute to the 3rd edition makes the following changes.
Adds the following content.
Part II.
Extends deadlines for the following nine listed coal combustion residuals surface impoundments to be closed as soon as practicable, but not later than the following dates, except as otherwise preempted by the requirements of federal law, and notwithstanding any applicable deadlines established in State law:
- Coal combustion residuals surface impoundments located at the H.F. Lee Steam Station owned and operated by Duke Energy Progress, and located in Wayne County. December 31, 2035.
- Coal combustion residuals surface impoundments located at the Cape Fear Steam Station, owned and operated by Duke Energy Progress, and located in Chatham County, December 31, 2035.
- Coal combustion residuals surface impoundments located at the Allen Steam Station owned and operated by Duke Energy Carolinas, and located in Gaston County, December 31, 2038.
- Coal combustion residuals surface impoundments located at the Belews Creek Steam Station owned and operated by Duke Energy Carolinas, and located in Stokes County, December 31, 2034.
- Coal combustion residuals surface impoundments located at the Buck Steam Station owned and operated by Duke Energy Carolinas, and located in Rowan County, December 31, 2035.
- Coal combustion residuals surface impoundments located at the Rogers Energy Complex (formerly Cliffside Steam Station) owned and operated by Duke Energy Carolinas, and located in Cleveland County and Rutherford County, December 31, 2029.
- Coal combustion residuals surface impoundments located at the Marshall Steam Station owned and operated by Duke Energy Carolinas, and located in Catawba County, December 31, 2035.
- Coal combustion residuals surface impoundments located at the Mayo Steam Station owned and operated by Duke Energy Progress, and located in Person County, December 31, 2029.
- Coal combustion residuals surface impoundments located at the Roxboro Steam Station owned and operated by Duke Energy Progress, and located in Person County, December 31, 2036.
Makes conforming changes to GS 130A-309.214 (pertaining to closure of coal combustion residuals surface impoundments) to account for new deadlines.
Authorizes the Environmental Management Commission (EMC) to adopt permanent rules governing permitting for closure and post-closure of coal combustion residuals surface impoundments and landfills in accordance with the provisions of GS Chapter 150B, except the EMC is exempt from the fiscal note requirement of GS 150B-21.4 and from the Rules Review Commission review under Part 3 of Article 2A, GS Chapter 150B, in adopting rules to implement such rules.
Part III.
Changes the fees for dam construction, repair, alteration, or removal under the Dam Safety Law.
GS 143-215.28A of the NC Dam Safety Law currently authorizes the EMC to establish a fee schedule for processing applications for approvals of construction or removal of dams issued under the Act. The law specifies that the total amount of fees collected in any fiscal year may not exceed one-third of the total personnel and administrative costs incurred by the Department of Environmental Quality (DEQ) for processing the applications and for related compliance activities in the prior fiscal year. Further, an approval fee may not exceed the larger of $200 or 2% of the actual cost of construction or removal of the applicable dam. The fee for notification of a professionally supervised dam removal under GS 143-215.27(c)(1) must be $500 and paid to the Department. The provisions of GS 143-215.3(a)(1b) do not apply to these fees.
The act amends GS 143-251.28A to remove the current structure set forth above. Instead, applicants would pay a nonrefundable application processing and compliance fee in the amount of 2.25% of the actual cost of construction, repair, alteration, breach, or removal of the applicable dam for the processing of applications for approvals of construction, repair, or removal of dams as follows: (1) an initial fee of $500 or one-half of the processing and compliance fee based on the engineer's estimated cost of construction, repair, alteration, or removal of the dam, whichever amount is greater, must be submitted with the application and (2) the remainder of the processing and compliance fee based on the engineer's estimated cost of construction, repair, alteration, or removal of the dam, whichever amount is greater, must be paid when the as-built plans are submitted to DEQ. Specifies that the maximum fee cannot exceed $50,000 for the construction, repair, alteration, or removal of a dam. Specifies that no application can be reviewed until the initial fee is paid. Provides for a certificate of actual cost incurred by the owner to be filed with DEQ upon completion of the project along with supporting documentation. Authorizes DEQ to withhold or revoke final impoundment approval until accurate information is provided and verified by DEQ if the director finds that the owner’s certification and/or documentation contains inaccurate information. Specifies that final approval to impound cannot be granted until the certification/documentation discussed above has been filed and the remainder of the application processing and compliance fee has been paid. Specifies that for purposes of determining the actual cost of construction, repair, alteration, or removal, the cost must: (1) include all labor and materials costs associated with the project for the applicable dam and (2) cannot include the costs associated with acquisition of land or right-of-way, design, quality control, electrical generating machinery, or constructing a roadway across the dam. Specifies permitted forms of tender.
Part IV.
Amends GS 62-126.5 (pertaining to the scope of a leasing program in offering utilities’ service areas) as follows. Increased the total installed capacity of all solar energy facilities on an offering utility's system leased pursuant to the statute from 1% to 10% of the previous five-year average of the State retail contribution to the offering utility’s coincident retail peak demand. Specifies that a solar energy facility leased to an individual customer generator lessee pursuant to GS 62-126.5 is limited to a capacity of (1) not more than the lesser of 1,000 kilowatts (kW) or 100% of contract demand if a nonresidential customer or (2) not more than 20 kilowatts (kW) or 100% of estimated electrical demand if a residential customer. Effective August 1, 2023, and applies to solar energy facility leases executed on or after that date.
Makes organizational and conforming changes. Makes conforming changes to act’s long and short titles.
Appoints the specified persons to the following boards and commissions upon the recommendation of the President Pro Tempore, effective on the specified date, with terms expiring as provided: North Carolina Emergency Medical Services Advisory Council; North Carolina Institute of Medicine Board of Directors; North Carolina Oil and Gas Commission; North Carolina Partnership for Children, Inc.; North Carolina Appraisal Board; North Carolina Coastal Resources Commission; North Carolina Alarm Systems Licensing Board; North Carolina Board of Massage and Bodywork Therapy; North Carolina Well Contractors Certification Commission; North Carolina Board of Athletic Trainer Examiners; North Carolina On-Site Wastewater Contractors and Inspectors Certification Board; Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services; North Carolina Rural Infrastructure Authority; North Carolina Professional Educator Preparation and Standards Commission; North Carolina Board for Licensing of Soil Scientists; North Carolina Criminal Justice Education and Training Standards Commission; North Carolina Marine Industrial Park Authority; North Carolina State Ports Authority; Justus-Warren Heart Disease and Stroke Prevention Task Force; North Carolina Board of Science, Technology, and Innovation; North Carolina Teaching Fellows Commission; Rules Review Commission; Economic Investment Committee; Judicial Standards Commission; North Carolina Child Care Commission; North Carolina Domestic Violence Commission; North Carolina Housing Finance Agency Board of Directors; North Carolina State Commission of Indian Affairs; North Carolina Sheriffs' Education and Training Standards Commission; Board of Trustees of the State Health Plan for Teachers and State Employees; North Carolina Wildlife Resources Commission; North Carolina Housing Partnership; North Carolina Interpreter and Transliterator Licensing Board; African-American Heritage Commission; Dispute Resolution Commission; Roanoke Island Historical Association, Inc., Board of Directors; North Carolina State Lottery Commission; State Board of Proprietary Schools; North Carolina Brain Injury Advisory Council; North Carolina Board of Funeral Services; Centennial Authority; North Carolina Code Officials Qualification Board; North Carolina Global TransPark Authority Board of Directors; State Property Tax Commission; Public Officers and Employees Liability Insurance Commission; North Carolina Railroad Board of Directors; North Carolina Principal Fellows Commission; North Carolina Environmental Management Commission; North Carolina Home Inspector Licensure Board; Governor's Crime Commission; Board of Trustees of the Teachers' and State Employees' Retirement System; License to Give Trust Fund Commission; North Carolina Criminal Justice Information Network Governing Board; North Carolina Board of Barber and Electrolysis Examiners; North Carolina Recreational Therapy Licensure Board; North Carolina Board of Dietetics/Nutrition; North Carolina Innovation Council; Board of Trustees of the North Carolina School for the Deaf; Board of Trustees for the Governor Morehead School for the Blind; Appalachian State University Board of Trustees; East Carolina University Board of Trustees; Elizabeth City State University Board of Trustees; Fayetteville State University Board of Trustees; North Carolina Agricultural and Technical State University Board of Trustees; North Carolina Central University Board of Trustees; North Carolina State University Board of Trustees; UNC-Asheville Board of Trustees; UNC-Chapel Hill Board of Trustees; UNC-Charlotte Board of Trustees; UNC-Greensboro Board of Trustees; UNC-Pembroke (appears to intend Board of Trustees); UNC-Wilmington Board of Trustees; UNC Center for Public Media Board of Trustees; UNC School of the Arts Board of Trustees; Western Carolina University Board of Trustees; Winston-Salem State University Board of Trustees.
Provides that if Senate Bill 3 (NC Compassionate Care Act) becomes law, then specified appointments are made to the North Carolina Compassionate Use Advisory Board and to the North Carolina Medical Cannabis Production Commission.
| Intro. by Rabon. | UNCODIFIED |
The Daily Bulletin: 2023-06-27
Senate committee substitute to the 2nd edition makes the following changes. Replaces the content of the 2nd edition with the following.
Prohibits Maggie Valley from exercising the powers of extraterritorial jurisdiction. Disallows Maggie Valley from adopting or renewing or extending any temporary moratoria on any development approval.
Applicable to Maggie Valley only, amends GS 160D-601(d) to expand the definition of down-zoning to include a zoning ordinance that affects an area of land by limiting the options available, or adding additional requirements, to develop an area of land as specified in a zoning ordinance or land development regulation to depress or hinder development to the same extent allowed under its previous usage. Additionally, eliminates the provisions allowing for down-zoning amendments initiated by the relevant local government to be enforceable without the written consent of all subject property owners.
Sunsets these changes on January 1, 2028.
Changes the act's titles.
Senate committee substitute to the 2nd edition makes the following changes. Allows Lake Lure to lease the Community Garden Elevated Walking Path, commonly referred to as the Lake Lure Flowering Bridge (was, property known as the Lake Lure Bridge #7).
| Intro. by Johnson. | UNCODIFIED, Rutherford |
The Daily Bulletin: 2023-06-27
Senate committee substitute to the 1st edition makes the following changes. Removes the content of the previous edition, which amended SL 1993-222 (Charter of the City of Northwest) by dividing the City of Northwest into four geographical subdivisions that are electoral districts as shown on the existing official map of the City or of the electoral districts as they may be revised from time to time. Instead, amends the Charter of the City of Northwest as follows. Recodifies Section 3.2 of the Charter as 4.2 and amends it to provide that a candidate must reside in the district for which that person is seeking election to the Council (was, reside in the city). Adds that the City, for the purposes of conducting elections, must be divided into four geographical subdivisions to be known as residency districts. Makes Districts 1, 2, and 4 single-member districts, while District 3 is a two-member district. Allows the Council to revise the residency districts from time to time. Amends Section 3.3 to specify that members of the Council are elected to four-year staggered terms; removes outdated language.
Specifies that the act does not affect the terms of office of any person elected in 2019 or 2021 to the Council who will continue to hold at-large positions on the Council until the end of their term or a vacancy occurs due to resignation or other causes.
Requires that in 2023 and quadrennially thereafter, two members of the Council be elected from District 3 for four-year terms; in 2025 and quadrennially thereafter, three members of the Council must be elected with one member from each of Districts 1, 2, and 4, for four-year terms.
Makes conforming changes to the act's titles.
| Intro. by Rabon. | Brunswick |
Senate committee substitute to the 1st edition makes the following changes.
Now divides the Brunswick Regional Water and Sewer H2GO Sanitary District (H2GO District) into five single-member residency districts (was, electoral districts) for purposes of election of the members of the sanitary district board (was, board of commissioners) of the H2GO District. Makes conforming changes throughout the bill to reflect the electoral districts. Makes additional clarifying and technical changes.
Amends the act's effective date to specify that it applies to elections held on or after the date the act becomes law.
Makes conforming changes to the act's long title.
| Intro. by Rabon. | Brunswick |
Actions on Bills: 2023-06-27
H 34: PROTECT THOSE WHO SERVE AND PROTECT ACT.
H 125: NC HEALTH & HUMAN SERVICES WORKFORCE ACT (NEW).
H 168: DNCR AGENCY BILL.-AB
H 181: UNCLAIMED PROPERTY DIVISION CHANGES.-AB
H 190: DEPT. OF HEALTH AND HUMAN SERVICES REVISIONS.-AB
H 197: BROADBAND CHANGES/DIT.-AB
H 201: RETIREMENT ADMIN CHANGES ACT OF 2023.-AB (NEW)
H 203: DST TECHNICAL CORRECTIONS.-AB
H 219: CHARTER SCHOOL OMNIBUS.
H 295: PROMOTE NORTH CAROLINA SAWMILLS.
H 344: MENTAL HEALTH LIC. FAIR PRACTICE STDS. (NEW)
H 387: MEDAL OF VALOR AWARD FOR FIRST RESPONDERS. (NEW)
H 447: CLARIFY MOTOR VEHICLE DEALER LAWS.
H 451: NONCONTIGUOUS EXPANSION OF MSDS.
H 488: CODE COUNCIL REORG. AND VAR. CODE AMEND.
H 542: HOA REVISIONS/FORECLOSURE TRUSTEE AUCTIONS. (NEW)
H 574: FAIRNESS IN WOMEN'S SPORTS ACT.
H 591: RESTITUTION/SEXUAL EXPLOITATION OF MINOR.
H 600: REGULATORY REFORM ACT OF 2023.
H 605: SCHOOL THREAT ASSESSMENT TEAMS.
H 618: CHARTER SCHOOL REVIEW BOARD.
H 627: ON-SITE WASTEWATER RULES IMPLEMENTATION.
H 628: AMEND ON-SITE WASTEWATER/ENVIRONMENT STATUTES.
H 674: CHILD ADVOCACY CENTERS/SHARE INFORMATION.
H 721: STATE PRECIOUS METALS DEPOSITORY STUDY.
H 741: MODIFY/NONPROFITS & CHARITABLE SOLICITATION.
H 748: CHILD ABUSE AND OTHER CRIMINAL LAW CHANGES. (NEW)
H 750: ADDRESS ESG FACTORS.
H 782: CODE EXEMPTION FOR TEMP. MOVIE SETS.
H 790: INNOCENCE INQUIRY COMMISSION PROVISIONS.
H 808: GENDER TRANSITION/MINORS. (NEW)
H 813: THE PRETRIAL INTEGRITY ACT.
H 814: EMERGENCY MANAGEMENT MODS.
H 815: THE LOVING HOMES ACT.
H 850: LICENSING BOARD/CONTRACTORS & INSPECTORS.
H 852: THE REP. BECKY CARNEY CARDIAC ARREST ACT.
S 45: CADC SUPERVISION REQUIREMENTS.
S 135: REGISTERED VET. TECH. MODIFICATION.
S 145: CONTINUING CARE RETIREMENT COMMUNITIES ACT.-AB
S 171: DEPARTMENT OF PUBLIC SAFETY AGENCY BILL.-AB
S 176: CONSUM. IN CRISIS PROTECT. ACT./ESOPs MIN. BUS. (NEW)
S 234: TAXPAYER TRANSPARENCY ACT.
S 246: PROPERTY OWNERS PROTECTION ACT.
S 274: SENIOR CARE OPTIONS. (NEW)
S 299: REIMBURSE LATE AUDIT COSTS WITH SALES TAX REV.
S 329: RETAIL INSTALLMENT SALES ACT AMENDMENTS.
S 331: CONSUMER FINANCE ACT AMENDMENTS.
S 345: ALARM SYSTEMS LICENSING/MACHINERY ACT CHANGES. (NEW)
S 364: NONDISCRIMIN & DIGNITY IN STATE WORK. (NEW)
S 389: PARENT CONSENT TO DONATE BLOOD/TECH CORRECT. (NEW)
S 411: VARIOUS EDUCATION CHANGES. (NEW)
S 507: CHIROPRACTIC PRECEPTORSHIP MODIFICATIONS.
S 582: NORTH CAROLINA FARM ACT OF 2023.
S 626: MODIFY HUMAN TRAFFICKING AND RIOT LAWS. (NEW)
S 678: CLEAN ENERGY/OTHER CHANGES. (NEW)
S 722: CHILD CARE FLEXIBILITIES.
S 754: GENERAL ASSEMBLY APPOINTMENTS.
Actions on Bills: 2023-06-27
H 5: LOCAL CHANGES OMNIBUS. (NEW)
H 78: TOWN OF OAK ISLAND/PARKING PROCEEDS. (NEW)
H 184: MAGGIE VALLEY DEV. AUTH. (NEW)
H 267: HOLLY SPRINGS DEANNEX/LELAND ANNEX MORATORIUM. (NEW)
H 397: TOWN OF LAKE LURE/PROPERTY LEASE.
H 419: YOUNGSVILLE CHARTER REVISED & CONSOLIDATED.
H 438: FRANKLIN/GRANVILLE RECOGNIZED COMMON BOUNDARY.
S 386: RESIDENCY DISTRICTS/CITY OF NORTHWEST. (NEW)
S 750: BRUNSWICK REGIONAL SANITARY DISTRICT/BOARD.
© 2024 School of Government The University of North Carolina at Chapel Hill
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