House committee substitute to the 1st edition makes the following changes.
Section 1.
Modifies new defined term cast vote record (CVR) in GS 163-165 to now mean a de-identified electronic record of voter's choices for each ballot item electronically created by a voting system utilizing mechanical or electronic voting equipment to tabulate ballots (was, a de-identified electronic record of each voter's ballot selections, electronically retained on a ballot tabulation machine that can be used to count election results for each ballot entry on that machine). Removes proposed revisions to term voting enclosure. Makes technical change.
Section 2.
Amends GS 163-165.1 (pertaining to disclosure of voted ballots) to specify that CVRs are a public record. Eliminates provision allowing release of those records in response to a public information act request for all cast vote records or voted ballot information. Amends the Class 1 misdemeanor provisions to now include any person who has access to a voted ballot and any paper or electronic record associated with that individual ballot (was, a voted ballot or record) who knowingly discloses information in violation of GS 163-165 how an individual has voted (was, voted that ballot).
Section 3.
Amends GS 163-165.7, which requires the State Board of Elections (State Board) to certify voting systems, to mandate that the certification requirements include that the voting system supports the creation of cast vote records (was, certification requirements include that the voting system supports the casting of a ballot that records each vote precisely indicated by the voter, subject to local election laws, and creates a de-identified CVR that can be tabulated, audited, and publicly disclosed). Effective January 1, 2024, for counties that use voting equipment capable of collecting cast vote records, and July 1, 2024, for all other counties, and applies to elections held on or after that date.
Sections 4 and 5.
Amends GS 163-165.9, concerning local boards of elections duties when acquiring voting systems. Deletes prior provisions requiring notification of the State Board of Elections of a county board's intent to replace any voting system or a portion thereof and the proposed requirement for county boards to ensure all tabulators or other electronic voting systems create and retain CVRs for the duration specified for election-related records. Now includes requirement that the county board require all electronic voting systems to create cast vote records. Makes conforming change to vetoed S747 (Elections Law Changes) should it become law, to require county boards of election to retain CVRs. Makes clarifying and organizational changes.
Deletes prior effective date. Now the act is effective January 1, 2024, except as otherwise provided above. Makes conforming changes to act’s titles.
The Daily Bulletin: 2023-09-19
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The Daily Bulletin: 2023-09-19
| Intro. by Davis, Cleveland, Mills, Warren. | GS 163 |
The Daily Bulletin: 2023-09-19
House committee substitute to the 1st edition adds the following.
Enacts new GS 15A-1340.16F, pertaining to aggregation of multiple crime offenses. Defines financial crime offense. Allows for aggregation at sentencing when a person is convicted of two or more of the same financial crime offenses if both conditions are met: (1) the person committed the financial crime against more than one person or in more than one county and (2) the financial crime offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a common scheme or plan. Sets forth rules related to venue. Requires that the prosecution set forth the facts related to aggregation in its pleading. If aggregation is allowed, directs the court to use the aggregated value of the money, goods, property, services, chose in action, or other thing of value when determining the level of punishment to be imposed as follows: (1) if the aggregated value is greater than $1,500 then the aggregated offenses will be punished as a Class H felony; (2) if the aggregated value is greater than $20,000 then the aggregated offenses will be punished as a Class G felony; (3) if the aggregated value is greater than $50,000 then the aggregated offenses will be punished as a Class F felony; (4) if the aggregated value is greater than $100,000 then the aggregated offenses will be punished as a Class C felony. Requires the prosecution to prove both the factors relating to aggregation and the aggregated value of the things at value at issue at the defendant’s trial on liability. If the defendant pleads guilty or no contest to the financial crime offenses but pleads not guilty to the issues related to aggregation, then a jury must be impaneled to determine the issues. Effective December 1, 2023, and applies to offenses committed on or after that date.
Amends GS 8C-1, North Carolina Rule of Evidence 803, pertaining to the business records exception to hearsay (an out-of-court statement offered to prove the truth of the matter asserted) to allow for records to be authenticated (i.e., verified) with an unsworn certification by the custodian of records or other qualified witness under penalty of perjury that complies with the requirements of 28 US 1746 (federal rule governing unsworn declarations under penalty of perjury), in addition to other listed methods of authentication. Effective December 1, 2023.
Amends GS 115C-81.45 by requiring that local boards of education give civic youth groups (Big Brothers Big Sisters of America, Boy Scouts of America, Boys and Girls Clubs of America, Future Farmers of America, or Girl Scouts of the United States of America) opportunities in each school to address students during the week of Patriot’s Day or the week of Constitution Day to address how involvement can further students' educational interests and civic participation to improve their schools, communities, and themselves. Sets out the procedure for the group to provide notice to the school’s principal and for the principal’s approval. Requires the group to be given at least 10 minutes during the instructional day to address students. Allows a principal to designate a single event to observe a civic focus week when all civic youth groups may address students, with time allocated equally among the groups; sets out additional time limitations on such an event. Requires the same opportunity to be given by charter schools (GS 115C-218.75), regional schools (GS 115C-238.66), and laboratory schools (GS 116-239.8). Applies beginning with the 2024-25 school year.
Enacts GS 160D-912.1, prohibiting local governments from enacting or amending general ordinances to require an owner of a nonconforming sign, defined as an on-premises advertisement that was lawfully installed but which does not comply with current ordinances or regulations, to bring the sign into compliance with current regulations without either compensating the owner or reimbursing the owner the difference of the fair market value of the nonconforming sign and the reasonable cost to bring the sign into compliance. Defines on-premises advertisement. Deems the local government to own the sign upon payment for the sign and requires removal of the sign at a time mutually agreed to by the sign owner and local government. If the owner is reimbursed, requires the sign owner, upon being reimbursed, to bring the sign into compliance in a timely manner. Provides for the calculation of monetary compensation for a nonconforming sign without consideration of the effect of the ordinance or any diminution in value by the ordinance requiring removal. Establishes four exceptions to requiring a local government to compensate or reimburse an owner of a nonconforming sign, including (1) a voluntary agreement between the owner and the local government allowing for its removal after a set period of time and (2) when the nonconforming sign is a public nuisance or detrimental to public health or safety. Allows the local government to bring an action in superior court to determine monetary compensation or reimbursement to be paid in the event there is disagreement, with the court required to determine the factors set forth in its calculation. Specifies that these provisions do not affect a local government's power of eminent domain pursuant to GS Chapter 40A.
Makes conforming changes to the act's long and short titles.
House amendment to the 5th edition makes the following changes.
Inserts new Part VII, as follows.
Amends GS 58-70-90 (definitions pertaining to prohibited practices by collection agencies engaged in consumer debt collection) to add defined terms credit card debt and itemized accounting. Specifies that for purposes of a debt collection agency’s violation of any prohibited practices set forth in Part 3 of Article 40 of GS Chapter 58, a debtor does not need to prove actual damages to recover the civil penalty; the civil penalty is in addition to the actual damages, if any. Increases the pleading requirements for a complaint filed by a collection agency plaintiff under GS 58-70-145 to require that such plaintiffs allege that notice required by GS 58-70-115(6) was sent, and to incorporate documents sent with that notice. Requires that a court dismiss any complaints that fail to comply with GS 58-70-145. Amends GS 58-70-150 (materials that must accompany a debt buyer plaintiff’s complaint) as follows. Specifies that for complaints based on credit card debt, the debt buyer must allege in the complaint that no contract or signed writing evidencing the original debt to trigger the requirement that documents generated when the credit card was actually used must be attached. Makes clarifying change. Provides that any complaint failing to comply with the section must be dismissed by the court upon motion of the debtor or on the court’s own initiative.
Amends GS 58-70-155 (prerequisites to entering a default or summary judgment against debtor) to establish that, for claims based on credit card debt, the only evidence sufficient to establish the amount and nature of the debt are properly authenticated business records that satisfy the requirements of the specified North Carolina Rules of Evidence, and that include at least all of the following: (1) the original account number; (2) the original creditor; (3) an itemized accounting; (4) the date of last payment, if any; (5) the basis for the interest charged; and (6) the date the account was opened. Provides that if a debt buyer fails to satisfy the statute's requirements, the debt buyer's motion for summary judgment or default judgment must be denied and any judgments entered in favor of the non-compliant debt buyer are void and subject to vacatur under the NC Rules of Civil Procedure. Makes conforming and organizational changes.
Effective January 1, 2024, and applies to debt collection activities undertaken and actions filed on or after that date.
Makes organizational change to account for new section and conforming changes to act’s long title.
House amendment to the 1st edition makes the following changes. Amends GS 143-215.27 to clarify that nothing in new GS 143-215.27(e) which prohibits the Department of Environmental Quality (DEQ) from withholding the approval of an application for repair or alteration of a phased compliance eligible dam only because the proposed repair or alteration will not bring the dam into full compliance with the Dam Safety Law of 1967 (Law) and related implementation rules under certain circumstances, will be construed to restrict DEQ's authority to approve applications to repair or modify dams that do not meet the criteria of a phased compliance eligible dam.
| Intro. by Hise. | GS 143 |
House amendments to the 4th edition makes the following changes.
Amendment #1 makes the following changes.
Part IV
Changes the end of the term of the members of the county boards of elections appointed under GS 163-30, as amended by the act, from June 1, 2027, to the last Tuesday in June of 2027. Makes conforming changes to act’s long title.
Part VI
Amends GS 138A-22 (pertaining to filing of statement of economic interest by candidates/appointees covered under the State Government Ethics Act [SGEA]) to allow covered persons appointed to fill a vacancy in elective office to file a statement of economic interest within 30 days after appointment to such office, notwithstanding provisions in subsection (a) requiring the filing of such a statement prior to taking office. Changes the filing deadline for a statement of economic interest for candidates seeking office from within 10 days of the filing deadline for the office the candidate seeks to no earlier than the first business day in January and not later than 45 days before the primary. Requires the State Ethics Commission to publish the due date by which the statement of economic interest must be filed and in the year the candidates file for office, requires the State Board of Elections to notify the candidates filing for offices subject to the SGEA of that date. Makes conforming changes. Applies to statement of economic interest filed on or after the act becomes law.
Part VIII
Deletes provision specifying “notwithstanding GS 163-19(e) as amended by this act,” in provision discussing the appointment of the Executive Director.
Amendment #5 amends GS 163-30 (pertaining to county boards of election) to, in addition to other listed bases of ineligibility, specify that no person who is currently a lobbyist registered under GS Chapter 120C can serve as a member of a county board of elections.
Amendment #9 makes the following changes to Part VI. Specifies if vetoed Senate Bill 512 (Greater Accountability for Boards/Commissions) becomes law then: (1) specifies that GS 134B-283(a1)(5) and (9) (pertaining to the composition of the Environmental Management Commission [EMC]) as amended by the bill, are effective when that act becomes law, at which point the terms of members serving on the EMC pursuant to those subdivisions by appointment of the Governor will terminate, and the Commissioner of Agriculture's power to appoint members pursuant to those subdivisions will arise; and (2) amends Section 12.1 of the bill to specify that members elected to the NCSU and UNC Chapel Hill Boards of Trustees as of the effective of the section will serve the remainder of their terms, notwithstanding enacted GS 116-31.5/GS 116-31.7. Makes clarifying change.
| Intro. by Daniel, P. Newton, Hise. | GS 163 |
The Daily Bulletin: 2023-09-19
The Daily Bulletin: 2023-09-19
House committee substitute to the 1st edition replaces the edition in its entirety with the following.
Under GS 160A-301(a) cities may use proceeds from parking meters on public streets only to defray the cost of enforcing and administering traffic and parking ordinances and regulations. Under GS 160A-301(b) cities may use proceeds collected from off-street parking facilities to amortize bonds issued to finance such facilities or for any other public purpose. Authorizes the City of Hendersonville to expand the use of proceeds from charging for on-street parking under GS 160A-301(a) to fund any capital projects, in addition to defraying the cost of enforcing and administering traffic and parking ordinances and regulations. Narrows the City of Hendersonville’s use of proceeds from charging for off-street parking under GS 160A-301(b), requiring those proceeds only be used to fund capital projects, or to amortize bonds issued to finance off-street parking facilities. The provisions applicable to the proceeds from off-street parking apply to proceeds collected on or after the date that the act becomes law.
Amends Section 4.2 of the Charter of the City of Hendersonville, as amended, to change the way that the Mayor and City Council are elected from the nonpartisan primary method to the nonpartisan plurality method set forth in GS 163-292. Sets the filing period as the same as the one for county officers elected on a partisan basis.
Amends Section 4.1 of the Charter of the Village of Flat Rock, as amended, and Section 4.1 of the Charter of the Town of Fletcher as amended, as follows. Specifies that elections for municipal officers (i.e., Village of Flat Rock officers and the Mayor and Town Council of the Town of Fletcher) must be on a nonpartisan basis with results determined by the plurality (was, primary) method under GS 163-292. Specifies that the filing period is the same as that for county officers elected on a partisan basis. Applies to elections held on or after the act becomes law.
Amends GS 160A-58.1 by adding Archdale to those cities exempt from the requirement that noncontiguous areas proposed for annexation that the area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, not exceed 10% of the area within the primary corporate limits of the annexing city.
Adds the specified property to Asheboro’s corporate limits, effective June 30, 2024. Provides that property in this described territory as of January 1, 2024, is subject to municipal taxes for taxable years beginning on or after July 1, 2024.
Repeals Section 4 of SL 1995-661 which established the Districts for the Board of Education of the Whiteville City School Administrative Unit. Sets out a new provision setting out the boundaries of the Whiteville City School Administrative Unit.
Enacts new GS 47C-3-121.1 (applicable to the North Carolina Condominium Act) and GS 47F-3-121.1 (applicable to the North Carolina Planned Community Act), applicable in Union County only. Prohibits restrictions on the use of land from regulating or prohibiting the display of any flag of a branch of the US Armed Forces or any first responder flag (as defined) that is no larger than four by six feet, unless: (1) for restrictions registered before October 1, 2023, the restriction uses one of the 11 listed terms to specify each branch of the Armed Forces and each of the first responders whose flag display is regulated or prohibited; or (2) for restrictions registered on or after October 1, 2023, the restriction is written on the first page of the instrument or conveyance in the specified print type and size and requires that restriction use the specified language. Provides that these statutes apply to the display of flags by unit/lot owners (or with a lot owner’s permission) on property owned exclusively by them or limited common elements allocated to their exclusive use, and does not apply to the display of flags on common areas, easements, rights-of-way, or other areas owned by others. Effective October 1, 2023, and applies to the display of flags on or after that date.
Amends Section 3.6 of the Charter of the Town of Hookerton, SL 1985-253 as follows. Requires that the Town’s municipal elections be held at the same time as the general election in each even numbered year and requires that elections be nonpartisan. Requires the election to be conducted in accordance with GS Chapter 163. Removes outdated language and now specifies that four Commissioners are to be elected to staggered four-year terms. Prohibits conducting municipal elections in the Town in 2023. Extends the terms of the mayor and two commissioners whose terms expire in 2023 by one year and the terms of the two commissioners whose terms expire in 2025 by one year. Requires elections to be conducted in the town in even-numbered years beginning in 2024. Requires in 2024 and quadrennially thereafter that two commissioners be elected for four-year terms; in 2024 and biennially thereafter that the mayor be elected to a two-year term; and that in 2026 and quadrennially thereafter that two commissioners be elected to four-year terms.
Amends Section 5 of the Charter of the Town of Walstonburg, SL 1913-45, as follows. Requires that elections be held at the time of the general election in each even numbered year. Requires the mayor and five commissions to serve two-year terms. Requires elections to be on a nonpartisan plurality basis with the results determined according to GS 163-292. Requires the election to be conducted in accordance with GS Chapter 163. Prohibits holding municipal elections in the Town in 2023. Extends by one year the terms of the five commissioners and mayor whose terms are set to expire in 2023. Requires conducting regular municipal elections in the Town in even-numbered years beginning in 2024. Requires in 2024 and biennially thereafter that the mayor and five commissioners be elected to serve two-year terms.
Includes a severability clause.
Makes conforming changes to act’s long and short titles.
House amendments to the 4th edition makes the following changes.
Amendment #1 amends Part XXV, the Mecklenburg County meals tax and occupancy tax sunset extension, as follows. Deletes proposed amendment to SL 2005-68 that would have: (1) expanded the way Mecklenburg County may repeal the occupancy tax related to the financing or refinancing of the NASCAR Hall of Fame Museum (“NASCAR Occupancy Tax”) to include the process set forth under GS 153A-155(f) and (2) changed the required repeal date to not earlier than the later of July 1, 2038 or July 1 after the date of final satisfaction of any debt instruments or obligations that were issued by the City of Charlotte or a related special purpose entity in connection with the financing or refinancing of the NASCAR Hall of Fame Museum facility but not later than July 1, 2060. Deletes proposed amendments to Section 1(f) of SL 2005-68 that would have expanded how the City of Charlotte may use the proceeds of the NASCAR Occupancy Tax to include renovation, improvement and refinancing of a NASCAR Hall of Fame Museum facility and an ancillary and adjacent NASCAR/convention center ballroom facility, in addition to other listed uses.
Amendment #2 removes Part XXVI, pertaining to the Davie County District E occupancy tax.
Actions on Bills: 2023-09-19
H 432: PRINCIPAL LICENSURE CHANGES.
H 770: CAST VOTE RECORDS. (NEW)
H 893: PRIVATE COMMERCIAL BUILDING INSPECTION.
S 189: FENTANYL DRUG OFFENSES AND RELATED CHANGES. (NEW)
S 409: VARIOUS CHANGES TO CRIMINAL AND CIVIL LAWS. (NEW)
S 477: AMEND BUS. CORP. ACT/BUS. OPP. DISCLOSURES.
S 531: DAM SAFETY LAW CLARIFICATION.
S 615: ADOPTION LAW/NOTARY CHANGES/GUARDIANSHIP RTS. (NEW)
S 749: NO PARTISAN ADVANTAGE IN ELECTIONS.
Actions on Bills: 2023-09-19
S 68: VARIOUS LOCAL CHANGES. (NEW)
S 132: HIGH POINT ROW ANNEXATION. (NEW)
S 154: OMNIBUS OCCUPANCY TAX CHANGES. (NEW)
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