Senate amendment to the 2nd edition makes the following changes. Specifies that notwithstanding the act's effective date, that the act only becomes effective if, and on the date that, Senate Bill 3, 2023 Regular Session (NC Compassionate Care Act), becomes law. If Senate Bill 3, 2023 Regular Session does not become law, then specifies the act is void and of no effect.
The Daily Bulletin: 2023-06-28
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The Daily Bulletin: 2023-06-28
Senate amendment to the 4th edition makes the following changes.
Section 2.1
Amends new GS 90-12.03 (international-trained physician employee license) as follows. Amends the rural practice supervising physician requirement to to require that the applicant’s supervising physician be physically practicing on-site at the rural medical practice. Requires the NC Medical Board (Board) to adopt rules pertaining to adequate supervision of internationally-trained physicians. Amends the medical education requirement to specify that the applicant must have previously completed 130 weeks of medical education at a qualifying medical school and and is eligible to be certified by the Educational Commission for Foreign Medical Graduates. Clarifies that the applicant must have actively practiced medicine (was, just practiced medicine) in their country of licensure for at least ten years after graduation.
Expands the ways an internationally-trained physician employee license can become inactive by adding when the holder ceases to be employed at a medical practice located in a rural county or who practices without supervision by a physician licensed by the State of North Carolina who is physically practicing on site at the medical practice as one of the listed ways the license become inactive.
Section 5.1
Amends new GS 90-127.4 (dispensing optometrists) to now require an optometrist (previously only authorized) to register with the NC Board of Pharmacy to dispense certain drugs.
House committee substitute to the 2nd edition makes the following changes.
Amends GS 143-162.6 (delivery of permits issued by state agencies), GS 153A-461 (delivery of permits issued by county agency), and GS 160A-499.6 (delivery of permits issued by city agency) to require each executive branch agency/county agency/city agency to now pick at least one of the listed methods of delivery of a permit (was, just required the agency to pick just one method of delivery), instead of requiring in-person pick up by the permittee. Specifies that the statutes are not intended to change the method by which an applicant must apply for a permit. Provides that a permittee may opt to receive a permit in person if the agency offers in-person pickup. Makes clarifying and technical changes.
Changes the date each agency must adopt a policy implementing the changes required by the act from July 1, 2023, to September 1, 2023. Changes the effective date of the act from May 1, 2023, to when the act becomes law.
Makes conforming changes to the act’s long title.
Senate amendment to the 3rd edition makes the following changes.
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 practicable (was, practical), substantially equivalent visibility to all of the manufacturer's or distributor's authorized same line-make franchised dealers that are located in this State, on the websites described in the definition, and 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.
Amends the title to Section 3.
Intro. by B. Jones, Ross, Wray. | GS 20 |
House committee substitute to the 2nd edition makes the following changes.
Removes the proposed amendments to GS 113A-57(3) (mandatory standards for land-disturbing activity pertaining to land-disturbing activity that will disturb more than one acre of land).
Amends GS 113A-60 (pertaining to local erosion and control programs) as follows. Now authorizes a local government to establish a fee for acceptance and administration of an NPDES General Permit No. NCG01000 (NCG01) (was, fee for the review of an erosion and sedimentation control plan and related activities) from persons initiating land-disturbing activity in their jurisdictions. Makes clarifying changes. Changes the requirements for an approved local sedimentation control program, including the requirements for an NCG01, from meeting and not exceeding the requirements for stormwater discharges from construction activities set forth under the 2022 Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities to requirements under State law. Makes conforming changes. Removes the provision for the fee for issuance of NCG01 and the distribution of those fees.
Makes conforming changes to the Department of Environmental Quality’s required submission to the US EPA to account for statutory changes described above.
Intro. by Brody, Saine, Zenger, N. Jackson. | GS 113A |
Senate amendments to the 5th edition make the following changes.
Amendment #1 makes the following changes.
Section 2
Amends GS 143-214.7(b5) by removing the Department of Environmental Quality (DEQ) as one of the possible recipients of an application for a new stormwater permit, or the reissuance of a permit due to transfer, modification, or renewal.
Section 4
Amends the implementation of the Post-Construction Stormwater Rule, 15A NCAC 02H .1001, to exempt from the Rule public linear (was, linear) transportation projects undertaken by an entity other than the North Carolina Department of Transportation, or a unit of local government (was, DOT only) that are part of a common plan of development.
Section 6
Amends GS 113-170.3 by separating out the responsibilities of the Fisheries Director of the North Carolina Division of Marine Fisheries and the Executive Director of the Wildlife Resources Commission related to violations of the reporting requirements by any person (1) who recreationally harvests a listed fish from coastal fishing waters, joint fishing waters, and inland fishing waters adjacent to coastal or joint fishing waters and (2) holding a commercial fishing license engaged in a commercial fishing operation who harvests any fish in coastal or joint fishing waters, as follows. Authorizes the Fisheries Director to suspend, revoke, or refuse to issue a commercial or recreational fishing license for an individual guilty of an infraction for violations. Authorizes the Executive Director to revoke or refuse to issue a recreational fishing license issued by the Wildlife Resources Commission for any individual guilty of an infraction for violations for two consecutive years or upon failure to pay outstanding infraction fines when required to do so.
Section 7.1
Amends proposed GS 143-214.1A, as follows. Specifies that the listed requirements apply to applications for certification under section 401 of the Clean Water Act for projects involving the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity (previously not limited to the specified types of projects). Amends those applicable requirements as follows. Makes the requirements for the determination of and notification of application completeness also applicable to supplemental applications or to supplemental information on a pending application. Adds that an application is deemed incomplete only if it does not provide sufficient information necessary for DEQ to determine if the proposed discharges into navigable waters will comply with State water quality requirements. Provides that for the purposes of this statute, State water quality requirements means water quality standards approved by the US EPA and in effect for purposes of the federal Clean Water Act. Requires DEQ to issue a public notice soliciting comments on the application within 5 days of the date the application is deemed complete. Requires that the application be approved or denied within 60 days of the date that the application is deemed complete (was, within 60 days of the filing of a completed application). Provides that the 60-day review period constitutes the reasonable period of time for State action on an application for purpose of 33 USC Sec. 1341(a)(1) absent a negotiated agreement with the federal permitting or licensing authority (was, with the US EPA) to extend that time frame for a period not to exceed one year. Requires DEQ to issue a certificate upon determining that the proposed discharges (was, discharges from point sources) into navigable waters will comply with State water quality standards. Adds a requirement that DEQ include as conditions in a certification any applicable effluent limitations or other limitations necessary to assure that the discharges will comply with State water quality requirements; prohibits DEQ from imposing any other conditions. Adds the requirement that DEQ deny a certification application only if no reasonable conditions would provide assurance that the proposed discharges into navigable waters will comply with State water quality requirements; specifies what must be included in a statement along with the denial. No longer limits DEQ’s review of applications for certification to water quality impacts from point source discharges from the proposed project into navigable waters located within the State and prohibited considering water quality impacts from the activity as a whole. Makes conforming and technical changes.
Section 7.3
Deletes the provision that required the Environmental Management Commission to review 15A 4 NCAC 02B .0208 (Standards for Toxic Substances and Temperature) to determine if the standards and methodologies for establishment of water quality criteria for specific pollutants included therein are scientifically sound, protective of human health and the environment, and result in water quality criteria that are technologically achievable without placing undue economic burdens on publicly owned treatment works and their ratepayers.
Requires DEQ to prepare a human health risk assessment of 1,4-dioxane in drinking water supported by peer-reviewed scientific studies and deliver the assessment to the Joint Legislative Commission on Governmental Operations by October 1, 2023. Requires evaluating technologies commercially available to remove 1,4-dioxane from wastewater effluent at facilities at various flow volumes. Requires a report to the same Commission on the findings of the technical and economic feasibility and limitations of each treatment technology and a cost benefit analysis by January 15, 2024.
Section 8
Amends GS 143-215.73F by adding that any invoices submitted for reimbursement or payment from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund for projects to provide the State's share of the costs associated with any dredging project designed to keep shallow draft navigation channels located in State waters or waters of the State located within lakes navigable and safe, to be signed by the representative of the unit of local government sponsoring the project.
Section 10
Amends proposed GS 113A-107(g) to instead require that State guidelines for the coastal area adopted under the statute be made publicly available on the Department’s website by posting (1) the guidelines in their entirety or (2) a link to the guidelines in the NC Administrative Code on the Office of Administrative Hearings website. Requires each guideline to cite the law under which the rule was adopted.
Section 13
Amends proposed GS 143-214.26(g) to specify that the prohibition applies to nutrient offset banks approved by DEQ and owned by a local government (previously did not require approval by DEQ). Amends the effective date of GS 143-214.26(g) by providing that it applies to nutrient offset banks owned by a local government and approved by DEQ on or after the date the act becomes law, except that this does not apply to a local government that has a nutrient offset banking instrument approved by DEQ prior to the effective date.
Section 13.5
Amends GS 130A-291.1 to require that an application for a permit for a septage management firm be granted or denied within 60 business days (90 in current law and 30 in the previous edition) of receiving a complete permit application. Makes conforming changes. Requires a septage management firm to meet the requirements of this statute, GS 130A-291.3 (requiring training of septage operators), and rules adopted by the Environmental Management Commission before beginning operation. Provides that for purposes of determining the annual fee, the number of trucks operated by the firm is limited to those pumper trucks and vehicles used in the transportation, containment, or consolidation of liquid septage (was, limited to only those pumper trucks) that transport septage on State-maintained roads.
Section 15
Deletes previous section 15, which amended GS 143-215.1 to allow alternative peak daily sewage flow rates and permit wastewater treatment system expansions beyond existing allocation in certain circumstances.
Section 15.5
Deletes former Section 15.5 which required the specified implementation of the Dwelling Wastewater Design Flow Rate Rule, 15A NCAC 02T .0114.
Adds the requirement that the Environmental Management Commission amend 15A NCAC 02T .0114 as it applies to dwelling units to be consistent with the wastewater flow rate in GS 143-215.1(f3), as enacted by SL 2023-55, which allows the permittee for a wastewater treatment system to calculate its wastewater flows for new dwelling units, including units that have yet to be connected and for which the permittee has allocated capacity, at 75 gallons per day per bedroom, or at a lower rate approved by the DEQ.
Section 23
Deletes former Section 23, which made changes concerning the system development fee.
Section 27
Amends GS 110-86 by amending the definition of childcare so that the exclusion from that definition for cooperative arrangements among parents includes arrangements between a group of parents, regardless of whether the parents are working, to provide for the academic instruction (was, instructional needs) of their school age children (was, children) and adds that they must meet the requirements of GS 115-364 (school admission requirements).
Amendment #2 adds the following new Section 33.1
Amends GS 143-138(b5) (permit exclusions for certain minor activities in residential buildings under the State Building Code [Code]), GS 143-183(b21) (same exclusions pertaining to commercial buildings), and GS 160D-1110(c) (pertaining to building code enforcement by local governments) to raise the cap on the value of the project performed under the Code from $20,000 to $40,000 before a permit is required. Makes conforming changes to refer to the "North Carolina Fire Code" instead of the "North Carolina Fire Prevention Code." Amends GS 160D-1110(d) to enact new subsubsection preventing local governments from requiring more than one building permit for simultaneous projects at the time of the application located at the same address and subject to the State Residential Code (Residential Code). Makes conforming changes to GS 160D-1110(g) to reflect new $40,000 minimum value that became effective October 1, 2023.
Amends GS 87-1(a) (definition of general contractor) to increase the minimum value of the cost of the undertaking required for a person to qualify as a general contractor under the definition from $30,000 to $40,000. Amends GS 87-14 (registration for issuance of building permits) to increase the minimum value of the cost of the project that will require compliance with statutory requirements listed therein from $30,000 to $40,000. Also amends GS 87-14 (regulations as to issue of building permits) to increase the minimum value of the combined costs required for a building permit under GS 160D-1110 from $30,000 to $40,000.
Increases minimum value of the cost of undertaking from $30,000 to $40,000 in GS 44A-11.1 (pertaining to requirement to designate a lien agent as part of the building permitting process or as part of a contract for improvements to real property) and GS 89D-12(c) (the minimum value of the landscape construction or contracting work performed by landscape contractors in order for licensing requirement to kick in).
Effective October 1, 2023, and applies to permit applications for construction, installation, repair, replacement, remodeling, renovation, or alteration projects submitted on or after that date.
Amendment #3 deletes all of Section 7.2, consisting of proposed amendments to GS 143-215 (effluent standards or limitations) and submission and reporting requirements to the Department of Environmental Quality (DEQ).
Amendment #5 adds new Section 33.5.
Specifies that if House Bill 488 (Code Council Reorganization and Various Code Amendments) becomes law, then repeals Section 12 of that act (amendments to GS 160A-317(a) and GS 153A-284(a) that specify that a city or county may only require connection of an owner’s premises to a sewer line; however, if the county/city has adequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection).
Intro. by Riddell, Zenger, Brody, Chesser. | STUDY, GS 14, GS 62, GS 90, GS 95, GS 110, GS 113, GS 113A, GS 130A, GS 131F, GS 136, GS 143, GS 143B, GS 153, GS 153A, GS 160A, GS 160D, GS 162A, GS 166A |
House amendment to the 1st edition makes the following changes.
Updates the changes made to GS 160D-1110 by providing that it is to the statute as already amended by SL 2023-46.
The Daily Bulletin: 2023-06-28
House amendment to the 2nd edition make the following changes.
Amendment #1 changes the act's effective date to August 15, 2023 (was, July 1, 2023).
House committee substitute to the 2nd edition makes the following changes.
Part I.
Changes the effective date for the changes to GS 1A-1, Rule 4(j5) of the NC Rules of Civil Procedure from October 1, 2023, to December 1, 2023.
Part II.
Enacts new GS 20-141.10 making it unlawful for any person to operate a motor vehicle in a street takeover. Defines street takeover to mean the unauthorized taking over of a portion of highway, street, or public vehicular area by blocking or impeding the regular flow of traffic with a motor vehicle to perform a motor vehicle stunt, contest, or exhibition. Also defines the following terms: burnout, doughnut, drifting, present, spectator, stunt, and wheelie. Specifies that persons who knowingly operate a vehicle in a street takeover are guilty of a Class A1 misdemeanor and must pay a fine of not less than $1,000. A subsequent violation of subsection within a 24-month period is a Class H felony including a minimum fine equal to twice the value of the vehicle involved in the offense but no less than $1,000.
Specifies that a person who knowingly participates in, coordinates through social media or otherwise, or facilitates a street takeover is guilty of a Class A1 misdemeanor.
Further specifies that a person who is knowingly present as a spectator of a takeover is guilty of a Class 3 misdemeanor, except that a second violation within a period of 24 months is a Class 2 misdemeanor, and any subsequent violation within a period of 24 months is a Class 1 misdemeanor. Specifies that a person who knowingly operates a vehicle as part of a street takeover and who assaults a law enforcement officer or who knowingly and willfully threatens a law enforcement officer is guilty a Class H felony. Allows motor vehicles involved in street takeovers to be seized under the procedures set forth in GS 20-141.3(g) (allowing seizure of vehicles involved in unlawful street racing). Makes conforming changes to GS 20-141.3(g).
Effective December 1, 2023, and applies to offenses committed on or after that date.
Part III.
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 to a Class H or I felony in the specified circumstances, and the district attorney must cause agreed-upon pleas to be calendared for these sessions. No longer requires the consent of the presiding district court judge to accept a plea of guilty or no contest in these instances. Effective and applicable to pleas accepted on or after December 1, 2023.
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. Requires 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. Effective and applicable to continuances granted on or after December 1, 2023.
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 and applicable to revocation hearings held on or after December 1, 2023.
Divides the bill into parts and makes conforming organizational changes. Makes conforming changes to the act’s effective date and long title.
House committee substitute to the 3rd edition makes the following changes.
Part III.
Deletes the proposed changes to GS 15A-952(g) which would have set forth a fifth factor pertaining to good cause to be considered when a judge is determining whether to grant a continuance.
House amendment #1 to the 4th edition makes the following changes.
Part IV.
Amends GS 130A-50 (elections and terms of office of sanitary district boards [Board]) as follows. Permits a Board to adopt a resolution to require the election of the Board members at the same time as the election for county officers. Specifies that any such resolution must be delivered to the county board of elections prior to July 1, of an odd-numbered. Extends the current Board members’ terms for one year if such a resolution is delivered. Specifies that the election will be conducted in the following even-numbered year.
Specifies that if a Board lies wholly within a county and no resident voter of the district filed a notice of candidacy in the previous election for the Board, the board of county commissioners may adopt a resolution to require the election of the Board to be at the time of the election for county officers. Provides same July 1 deadline for delivery of the resolution to the board of elections as set forth above, with same extension of terms, and holding of election in the following even-numbered year.
For 2023, permits a Board/board of county commissioners to deliver the resolution requiring elections to be at the time of the election for county officers no later than August 1, 2023. If the resolution is received by the county board of elections by August 1, 2023, the county board of elections must cancel all notices of candidacy and petitions submitted in 2023 with respect to the election of that sanitary district board and conduct the next election in 2024.
Part V.
Amends GS 18B-1001’s (regulation of alcoholic beverages) definition of bar so that it no longer excludes a brewery, winery, or distillery. Effective August 1, 2023.
Makes organizational changes and conforming changes to act’s long title.
House amendment # 3 makes the following changes.
Part II.
Removes defined terms present and spectator from new GS 20-141.10 (pertaining to illegal street takeovers). Removes provisions making it unlawful for a person to be knowingly present as a spectator of a street takeover. Amends GS 20-141.10(c), which makes it unlawful to knowingly participate in, coordinate through social media or otherwise, to include committing an overt act in furtherance of, a street takeover. Specifies that mere presence alone is not sufficient to sustain a conviction under GS 20-141.10(c).
Conference report to the 2nd edition makes the following changes.
Part II.
Changes the term expiration date from July 1, 2024, to June 30, 2024, of members of the NC Teaching Commission whose terms end on July 1, 2023, and who were appointed by the UNC Board of Governors.
Part V.
Amends the trigger date for career status and hire date under GS 126-1.1 (allowing certain employees to opt out of status as a career State employee under the State Human Resources Act) so that it now applies to employees who attained career status /were hired before September 1, 2023 (was, July 1, 2023). Changes the date that a career state employee must have remained in their position in order to retain career state employee status from June 30, 2023, to August 31, 2023. Deletes July 1, 2023, effective date for changes to GS 126-1.1 and GS 126-5(c1).
Makes technical change and organizational changes.
House committee substitute to the 4th edition makes the following changes.
Part XII.
Changes the effective date to the coverage changes set forth in GS 58-37-35(b)(1) from October 1, 2025 to October 1, 2023.
Part XIII.
Amends the compliance date for a response for medical records requested under GS 44-49(b) to establish a medical debt lien on personal injury settlements, from within 120 days after receipt of the attorney’s request to 60 days after the receipt of the request.
Deletes Part XIV, which would have (1) amended GS 58-70-90 to add and define the term itemized accounting as it is used in Part 3 (Prohibited Practices by Collection Agencies Engaged in the Collection of Debts from Consumers) of Article 70 of GS Chapter 58 and amended GS 58-70-115 (unfair debt collection practices) to add a definition of itemized accounting and (2) amended GS 58-70-155 to narrow what authenticated business records must include under that statute.
Part XV.
Amends GS 58-45-41(a) (coverage limits for beach area property) to raise coverage limits as follows: for a building on habitational property, from $750,000 to $1 million; commercial property, from $3 million to $4 million; and the aggregate insurance for any freestanding structure or any building unit within multiple firewall divisions, from $6 million to $10 million on all interest at one risk. Effective and applies to contracts issued, amended, or renewed on or after July 1, 2023.
Makes organizational changes to account for deleted part.
House committee substitute to the 3rd edition makes the following changes.
Amends GS 130A-101(f) (pertaining to affidavits of paternity) to remove provision requiring that an affidavit of paternity be filed with the clerk of court in order for a child born out of wedlock to inherit under a putative parent’s estate.
Amends GS 50-16.3A by making clarifying changes and deleting provision requiring that the court award alimony to the dependent spouse if the court finds that the supporting spouse engages in cohabitation at any time during the marriage until a decree of divorce.
Deletes amendments to GS 50-16.2A (postseparation support) that would have required that a court enter an award of postseparation support to a dependent spouse if the court finds that the supporting spouse participated in an act of illicit sexual behavior. Also would have required that if a court finds that the supporting spouse engaged in cohabitation during the marriage until a decree of divorce, then the court must order that alimony be paid to the dependent spouse.
Amends GS 50-16.9 (modification of order for alimony or postseparation support) to require a court to terminate alimony if a dependent spouse who is receiving postseparation support from a supporting spouse under a judgment or order of a court of this State engages in an act of illicit sexual behavior, as defined in GS 50-16.1A(3)a (acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in GS 14-27.20(4) [Cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse, or the penetration, however slight, by any object into the genital or anal opening of another person's body]), voluntarily engaged in by a spouse with someone other than the other spouse. Effective October 1, 2023.
Makes organizational changes.
House committee substitute to the 1st edition adds the following content.
Enacts new GS 14-190.15A. Defines adult live entertainment as any performance or involving the actual presence of real people that exhibits specified sexual activities or specified anatomical areas (definition in GS 14-202.10). Makes it illegal to (1) engage in adult live entertainment on public property (as defined); (2) engage in adult live entertainment knowing, or having reason to know, that individuals under age 18 are present; or (3) expend public funds to adult live entertainment performers, for an event at which adult live entertainment is performed, or to promote adult live entertainment or an event at which adult live entertainment will be performed. Violations are a Class A1 misdemeanor, enhanced to a Class 1 felony for a person committing a second or subsequent offense.
Enacts new GS 14-202.1A making it a Class A1 misdemeanor, unless covered under another law that provides for a greater punishment, for a person age 18 or older to engage in sexual contact with a minor. Defines sexual contact as any of the following intentional touching, if it can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or done in a sexual manner: (1) intentional touching of a person's intimate parts (as defined) or the intentional touching of the clothing covering the person's intimate parts or (2) intentional touching of another person with a person's own intimate part, whether or not clothed.
Applies to offenses committed on or after December 1, 2023.
Makes conforming changes to the act's long title.
Intro. by B. Newton, Britt, Daniel. | GS 14 |
House committee substitute to the 1st edition makes the following changes.
Makes technical changes to GS 48-3-303(c)(12).
Adds the following content.
Enacts GS 7B-302.1, listing ten instances in which a conflict of interest is deemed to exist at the department for an abuse, neglect, or dependency report, including, among others, (1) when the report involves an employee of the child welfare division of the county department, a relative of an employee of the child welfare division of the county department of social services, or, at the director's discretion, an employee of the county department of social services or a relative of an employee of the county department; (2) when the report involves a foster parent supervised by the county department; and (3) when the report involves a juvenile in custody of the department who is also a parent or caretaker. Requires the director that receives the report where the possible conflict exists to (1) request that another county department conduct the assessment and (2) notify the Division of Social Services of the Department of Health and Human Services (DSS; DHHS) of the possible conflict and the county that accepted the report for assessment. Requires the director to notify DSS upon making requests of two or more other counties whereby no other county is willing or able to accept the case for assessment. Directs DSS to evaluate the conflict and determine whether the county with the possible conflict is able to manage the case by obviating the possible conflict; appoint another county to assume management; and determine which county bears the financial responsibility when another county is appointed to manage the case (unless the counties agree between themselves). Establishes written notice requirements for the department with the possible conflict to inform the parent, guardian, custodian, or caretaker of the conflict and the county that assumes case management. Allows a parent, guardian, custodian, caretaker, juvenile, or their representative to seek to have their case transferred to another county when the case has not been referred to another county by taking specified steps depending on whether a petition alleging abuse, neglect, or dependency has been filed. If a petition has not been filed, allows the individual to file a petition with the district court that regularly hears juvenile matters in the county where the conflict of interest may exist. If a petition has been filed, allows filing a motion to change venue in the pending action. Sets out service requirements. Requires any such petition or motion to allege the reason a conflict of interest may exist. Requires the petition or motion to be heard in 10 business days from service or the next scheduled juvenile court session, whichever is later. Allows any person served with the notice of the petition or motion to request to be heard by the court and present evidence. Requires an order to be entered within 3 business days of the hearing.
Amends GS 7B-400(c), regarding a pre-adjudication change of venue, to allow substitution of petitioners due to a possible conflict of interest under new GS 7B-302.1.
Makes the above provisions effective October 1, 2023, and applicable to all actions filed or pending on or after that date.
Requires the Administrative Office of the Courts (AOC) to create forms for the petition and motion under GS 7B-302.1. Sets out items that must be included in the form. Requires the form to be available on AOC's website. Also requires the clerk of superior court of each county and the county department of social services to provide the form when requested. Also requires AOC to develop a procedure for maintaining confidentiality of a petition.
Amends GS 7B-602 to no longer require appointment of a guardian ad litem to represent a parent who is under 18 and not married or otherwise emancipated. Specifies for an unemancipated minor parent, a guardian ad litem may be appointed when the parent is incompetent but must not be appointed solely due to the parent being under age 18.
Makes conforming title changes.
The Daily Bulletin: 2023-06-28
The Daily Bulletin: 2023-06-28
House committee substitute to the 3rd edition makes the following changes.
Part I.
No longer amends the Apex Town Charter and instead sets out the following provisions. Requires that the Town Council and Mayor appoint the Town Manager, Town Attorney, and Town Clerk. Each of these individuals will hold office at the pleasure of the Town Council and the Mayor who will also determine the individual’s compensation. Provides that the mayor may vote on an appointment for these offices as long as the mayor has not also voted to break a tie on that appointment. Provides that when the Mayor may vote an appointment for these offices, the Mayor may also vote on compensation, discipline, or termination of these appointees, as long as the Mayor has not also voted to break a tie on that matter. Applies to votes taken on or after the date the act becomes law, and expires June 30, 2027.
Part II.
Amends SL 1991-78, as amended, as follows. Amends the process for filling vacancies on the Guilford County Board of Education (Board) as follows. Specifies that the existing provisions apply when the vacating board member was elected. Specifies that if the vacating Board member was elected as the nominee of a political party, then whether the election was by countywide election or from an electoral district, then the Board must consult with the county executive committee of that political party. Adds that when only the qualified voters of less than the entire county were eligible to vote for the vacating Board member, then the county political party executive committee must not be required to restrict voting to executive committee members who represent precincts all or part of which were within the territory of the vacating Board member.
Sets out the following conditions that apply to vacancies on the Board when the vacating member was appointed by the Board. Requires the individual appointed to fill a vacancy be a qualified Guilford County voter. Requires then the vacating member was appointed from within a single member district and that the individual appointed be a resident of the district when the vacancy exists. Requires when the vacating member was appointed by the Board and a nominee of a political party and certified as elected to fill that seat at the time of the last election, that the Board consult with the county executive committee of the political party whose nominee was certified as elected to fill that seat; sets out the process and timeline to be followed in these circumstances. Requires any person to fill a vacancy under these provisions to serve until the next election of Board members, at which time the remaining unexpired term of office in which the vacancy occurred must be filled by election.
Requires that the term of office of any individual appointed by the Board to fill a vacancy occurring between December 1, 2022, and the effective date of this act, expire on the effective date of this act. For any resulting vacancy, the nominee of a county political party executive committee of that political party must take the oath of office at the next regular meeting of the Board following the submission of the a nomination to the Superintendent of Schools of Guilford County if the individual is nominated within 60 days of the act’s effective date.
Part III.
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. Requires Town officers to be elected on a partisan basis.
Amends the Charter of the Town of Clyde, SL 1889-189, as amended, to provide that regular municipal elections for officers must be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Requires Town officers to be elected on a partisan basis.
Amends the Charter of the Town of Maggie Valley, SL 1973-1337, to specify that regular municipal elections for officers must be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Requires officers to be elected on a partisan basis instead of a nonpartisan basis with results determined by plurality. Makes conforming changes.
Amends the Charter of the Town of Waynesville, SL 1995-126, to require the Mayor and Board members be elected on a partisan basis.
Amends the Charter of the Town of Hot Springs, SL 1929-210, to specify that regular municipal elections for officers must 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 be elected for two-year terms and on a partisan basis. Effective January 1, 2025, and applies to elections held in 2025 and thereafter.
Amends the Charter of the Town of Mars Hill, SL 1953-890, as amended, by specifying that board of alderman consists of four members. Requires the mayor and aldermen be elected to four-year terms, with the aldermen serving staggered terms. Requires 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. Requires Mayor and aldermen to be elected on a partisan basis. Repeals Sections 2 through 12 of Article VII of the Charter of the Town of Mars Hill.
Amends Section 3 of the Charter of the Town of Marshall, SL 1905-165, 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 must be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Requires town officers to be elected on a partisan basis.
Repeals conflicting provisions of local ordinances, local acts, or special acts relating to nonpartisan municipal elections for the municipalities covered by the act. Specifies that the act does not affect the filling of a vacancy in a municipal election occurring for a seat elected before the effective date of this act.
This Part applies to elections held in 2023 and thereafter.
Amends the act's titles.
Actions on Bills: 2023-06-28
H 34: PROTECT THOSE WHO SERVE AND PROTECT ACT.
H 75: PA TEAM-BASED PRACTICE.
H 125: NC HEALTH & HUMAN SERVICES WORKFORCE ACT (NEW).
H 132: GOVT. AGENCIES/DELIVERY OF PERMITS.
H 173: TREASURY ADMINISTRATIVE CHANGES ACT.-AB
H 181: UNCLAIMED PROPERTY DIVISION CHANGES.-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 323: RETAIN ADULT DEVEL. VOC. REHAB. PROGRAMS. (NEW)
H 344: MENTAL HEALTH LIC. FAIR PRACTICE STDS. (NEW)
H 378: FIREFIGHTERS CRIMINAL HISTORY RECORD CHECKS.
H 387: MEDAL OF VALOR AWARD FOR FIRST RESPONDERS. (NEW)
H 447: CLARIFY MOTOR VEHICLE DEALER LAWS.
H 451: NONCONTIGUOUS EXPANSION OF MSDS.
H 484: MENTAL HEALTH CONFIDENTIAL INFO. DISCLOSURE.
H 488: CODE COUNCIL REORG. AND VAR. CODE AMEND.
H 579: SEDIMENTATION ACT & OTHER ENV'L. CHANGES. (NEW)
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 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 49: PARENTS' BILL OF RIGHTS.
S 91: AMEND RULE 4/ACCEPTANCE OF SERVICE.
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 195: UNC OMNIBUS.
S 234: TAXPAYER TRANSPARENCY ACT.
S 345: ALARM SYSTEMS LICENSING/MACHINERY ACT CHANGES. (NEW)
S 389: PARENT CONSENT TO DONATE BLOOD/TECH CORRECT. (NEW)
S 411: VARIOUS EDUCATION CHANGES. (NEW)
S 452: DOI & INS LAW AMD/REVISE HS ATHLETICS (NEW).
S 507: CHIROPRACTIC PRECEPTORSHIP MODIFICATIONS.
S 546: AMD LLC LAWS/PATERNITY DOCS/SPOUSE SUPP. (NEW)
S 579: PREVENT HARM TO CHILDREN.
S 615: ADOPTION LAW/NOTARY CHANGES/GUARDIANSHIP RTS. (NEW)
S 722: CHILD CARE FLEXIBILITIES.
S 751: HONOR DAVID HOYLE, FORMER MEMBER.
S 754: GENERAL ASSEMBLY APPOINTMENTS.
Actions on Bills: 2023-06-28
H 5: LOCAL CHANGES OMNIBUS. (NEW)
H 57: HARMONY/LOVE VALLEY ELECTION CHANGES. (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 9: LOCAL OMNIBUS CHANGES. (NEW)
S 154: OMNIBUS OCCUPANCY TAX CHANGES. (NEW)
S 386: RESIDENCY DISTRICTS/CITY OF NORTHWEST. (NEW)
S 750: BRUNSWICK REGIONAL SANITARY DISTRICT/BOARD.
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