Conference report makes the following changes to the 5th edition.
Part I.
Changes the effective date of Part I from October 1, 2023, to February 1, 2024.Part II.
Deletes Part II of the act concerning the issuance of an internationally-trained physician employee license.
Part III.
Amends GS 93D-1 by amending the definition of the term fitting and selling hearing aids so that it includes authorizing or ordering the use of, or rental of, hearing aids, and no longer includes the rental, prescription, or order for the use of hearing aids.
Amends GS 93D-1.1 by including in the scope of practice of a hearing aid specialist ordering the use of, authorizing, fitting, and selling prescription hearing aids, as defined by the US FDA, without requiring a consumer to first obtain an order or authorization from another healthcare provider (was, prescribing, or ordering the use of, or fitting and selling hearing aids).
Part V.
Amends proposed GS 90-85.26B to vest authority and responsibility for disciplining dispensing optometrists who fail to comply with the provisions of the statute in both the NC Board of Pharmacy and the licensing board (was, licensing board) having jurisdiction over the dispensing optometrist. Adds that the licensing board having jurisdiction over the dispensing optometrist may discipline the optometrist's license to practice optometry.
Changes effective dates so that Section 5.1 becomes effective October 1, 2023, while Section 5.2 and Section 5.3 (concerning dispensing optometrists) of this act become effective March 1, 2024.
Part VII.
Requires the North Carolina Board of Nursing and the North Carolina Department of Health and Human Services (DHHS), Division of Health Service Regulation, to evaluate the federal requirements applicable to the Nurse Aide I education and training program and, to the extent consistent with the applicable federal requirements, develop a plan for the Board of Nursing to assume responsibility for and provide oversight of all nurse aide programs, regardless of nurse aide title, as individuals in these positions collaborate with nurses and other health care providers to deliver care across all health care settings (was, required the development of a plan to relocate the Nurse Aide I education and training program to the Board of Nursing). Requires a report by September 1, 2024, to the specified NCGA committee on the evaluation of the federal requirements applicable to the Nurse Aide I education and training program and, to the extent consistent with the applicable federal requirements, a plan for the Board of Nursing to assume responsibility for it, a transition time line, and recommendations for statutory changes necessary to transition the Nurse Aide I education and training program from the Department to the Board of Nursing, if appropriate.
Part VIII.
Amends proposed GS 131E-88, law enforcement officers required in emergency departments, as follows. Removes from the definition of law enforcement officer an armed security guard with a valid firearm registration permit. Now requires each licensed hospital that has an emergency department to conduct a security risk assessment and develop and implement a security plan with protocols to ensure that at least one law enforcement officer is present at all times, except when temporarily required to leave in connection with the discharge of their duties, in the emergency department or on the same campus as the emergency department (unless the hospital in good faith determines that a different level of security is necessary and appropriate for any of its emergency departments based upon findings in the security risk assessment). Sets out five components that must be included in the security plan. Sets out requirements of the security plan when a hospital determines that a different level of security is necessary and appropriate. Requires the Department of Health and Human Services to have access to all security plans for hospitals with an emergency department and maintain a list of those hospitals with a security plan.
Amends GS 131E-88.2 as follows. Changes the due date of the collection of data from hospitals about assaults, incidents where patient behavioral health and substance use issues resulted in violence, and workplace violence from September 1 to October 1. Now requires DHHS to compile the information from hospitals and share it with the North Carolina Sheriffs' Association, the North Carolina Association of Chiefs of Police, and the North Carolina Emergency Management Association. Requires DHHS to request that these organizations examine the data and make recommendations to decrease the incidences of violence in hospitals and to decrease assaults on hospital personnel. Clarifies that the first data collection must occur on or before September 1, 2025.
Deletes the proposed changes to GS 95-260, GS 95-269, and proposed new GS 95-269A (violation of order issued upon request of a hospital).
Amends GS 14-34.6 to now make it a Class I felony to commit an assault or affray causing physical injury on the following who are discharging (or attempting to discharge) their official duties: hospital employee, medical practice employee, licensed health care provider, or individual under contract to provide services at a hospital or medical practice (was, hospital employee, licensed health care provider, or individual under contract to provide services at a hospital).
Further amends GS 15A-1340.16 by adding as an aggravating factor the defendant committed the offense on the property of a medical practice, defined as a professional corporation organized under or subject to GS Chapter 55B and registered with the North Carolina Medical Board.
Part IX.
Deletes Part IX concerning modernizing and expanding physician-pharmacist collaborative practice.
Part X.
Amends GS 131E-158 by requiring that the flexibilities permitted under (a1)(1) and (2) (changes allowed to ambulance transportation of patients in a state of emergency) not apply to Non-Emergency Medical Transportation (NEMT) services through May 11, 2024 (was, the North Carolina Office of Emergency Medical Services must continue the emergency waiver flexibilities under (a1)(1) and (2) for 12 months following the expiration of the Public Health Emergency). Requires the DHHS, Division of Health Service Regulation, to work with NEMT stakeholders to develop a permanent plan regarding staffing as included in the waiver.
Adds the following new content.
Part XII.
Amends GS 90-292 to include protection of the public from unqualified persons to the State's declared policy concerning licensing audiologists and speech and language pathologists.
Modifies and adds to the defined terms set out in GS 90-293. Now defines audiologist to mean any person who is qualified by education, training, and clinical experience and is licensed under Article 22 to engage in the practice of audiology (was more generally any person who engages in the practice of audiology). Adds that an audiologist is an independent hearing health care practitioner providing services in hospitals, clinics, schools, private practices, and other settings in which audiologic services are relevant. Expands on the services a person offers that deem the person to be or hold him or herself out to be an audiologist, including hearing aid audiologist and hearing specialist. Adds that an association, company, or trust is included in the defined term person, and that any reference to a licensed person means a natural, individual person. Replaces the definition given for the practice of audiology, now defining the term to mean the application of principles, methods, and procedures not including non-auditory and non-vestibular testing or writing prescriptions for pharmaceutical agents or surgery, and gives a nonexhaustive list of 19 areas of audiology practice. Expands the practice of speech and language pathology to include evaluation, treatment, and instruction related to the development and disorders of communication and cognitive-communication. Makes technical changes.
Makes organizational and technical changes to GS 90-294 regarding the exclusion of individuals licensed to fit and sell hearing aids under GS Chapter 93D from the scope of the Article 22. Also excludes from the Article the selling of over-the-counter hearing aids. Amends the exclusion of (1) students or trainees who are students or working in a training center program and (2) nurses or other certified technicians trained to perform audiometric screening tests and whose work is supervised by a physician or audiologist, to specify that the exclusion applies if the student, trainee, or nurse is not registered with the Board of Examiners for Speech and Language Pathologists and Audiologists (Board) as an assistant. Makes further technical changes. Specifies that the provisions of Article 22 do not apply to the selling of over-the-counter hearing aids; provides that the sale of an over-the-counter hearing aid is solely a financial transaction and without additional services does not constitute treatment by an audiologist.
Enacts GS 90-294A to authorize licensed audiologists to treat minors by administering nonmedical audiologic services. Specifies that only individuals licensed to practice medicine or working under the supervision of such an individual, or a person licensed under this Article, can make an assessment of a minor for hearing impairment treatment or manage hearing rehabilitative services for a minor for hearing impairment. Authorizes licensed audiologists to provide clinical treatment, home intervention, family support, case management, and other audiologic services to minors. Further authorizes audiologists to participate in the development of individualized educational programs and consult on individual classroom matters. Authorizes audiologists to administer hearing screening programs in school and train and supervise nonaudiologists performing hearing screening in an educational setting. Specifies that over-the-counter hearing aids are not appropriate for individuals under age 18 and do not apply to this statute.
Amends GS 90-295 to remove the specific hour requirements for certain areas in meeting the clinical experience hours required for permanent licensure as a speech and language pathologist; maintains the 400 hour minimum clinical hour requirement. Also amends the licensure requirements to require the applicant to present written evidence of nine months of full-time professional experience in which clinical work (was, bona fide clinical work) has been accomplished in speech and language pathology.
Amends GS 90-298.1 by amending the requirements for a licensed speech and language pathologist or audiologist to register an assistant to also require that the registration fee be remitted to the Board before the assistant can be registered.
Amends GS 90-299 to also require a person registered with the Board to give the Board written notification of the address of where the person engages in practice. Makes conforming changes to the statute's record keeping and notice requirements. Makes language gender neutral.
Amends GS 90-301 to make the grounds for suspension or revocation of a license under the Article also applicable to persons registered under the Article. Makes conforming changes and makes language gender neutral.
Amends GS 90-303 by removing outdated language related to the Board's membership.
Amends GS 90-304 by amending the Board's powers and duties to require providing a list (was, provide an annual list) stating the names of persons currently licensed under the Article; adds the requirement that the list be provided on the Board's website.
Amends GS 90-305 to make the listed fees also applicable to registered individuals.
Amends GS 90-306 by making a clarifying change.
Makes the above changes effective January 1, 2024.
Allows the Board of Examiners for Speech and Language Pathologists and Audiologists to adopt temporary rules to implement the act.
Part XV.
Requires the following of the new Healthcare Common Procedure Coding System (HCPCS) procedure code G0330, which was adopted by DHB as of January 1, 2023, and incorporated into the Medicaid Clinical Coverage Policy 4A: Dental Services: (1) DHB must not reimburse ambulatory surgical centers based solely on the length of the procedure and requires reimbursement, as of July 1, 2023, so that services billed under procedure code G0330 are reimbursed at 95% of the total payment rate listed on the Medicare Part B Hospital Outpatient Prospective Payment System (OPPS), in effect as of January 1, 2023, and requires the rates to be updated annually starting January 1, 2024, so that services are reimbursed at 95% of the Medicare Part B OPPS payment rate, in effect as of January 1, for that procedure code and (2) all standard benefit plans and BH IDD tailored plans must be required to cover procedures billed under procedure code G0330.
Part XVI.
Defines bar under GS 130A-247 to mean establishment with a permit to sell alcoholic beverages pursuant to subdivision (1), (3), (5), or (10) of GS 18B-1001 and that does not prepare or serve food other than beverage garnishes, ice, or food that does not require time or temperature control for safety and that is in an unopened original commercial package, except for food used as a beverage garnish. Makes conforming changes to GS 130A-250-(1).
Makes conforming changes to the act’s long title.
The Daily Bulletin: 2023-09-22
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The Daily Bulletin: 2023-09-22
Senate amendment to the 3rd edition adds the following.
Provides that if H125 (NC Health & Human Services Workforce Act) becomes law, then GS 90-293 is amended by amending the definition of the practice of audiology to prohibit audiologists from performing complex cerumen removal, which includes instances where cerumen is impacted to the point that removal requires the use of anesthesia or micro-instrumentation (was, the use of a microscope is allowed as part of audiological practice but must not be used when cerumen is impacted to the point that it would require the use of anesthesia in conjunction with microscopes or micro-instrumentation).
Makes conforming changes to the act's long title.
| Intro. by Reeder, Chesser, K. Baker. | GS 90 |
Conference report to the 6th edition makes the following changes.
Part I
Section 2.
Amends GS 143-214.7 (stormwater runoff rules and programs) as follows. Prevents the Department of Environmental Quality (DEQ) from requiring an applicant for a new permit to take any action with respect to an unaffiliated adjacent property and shall not condition issuance of a new permit on action to be taken by an existing permit holder with respect to the permitting of an unaffiliated adjacent property. Defines applicant, unaffiliated adjacent property, affiliate, parent, and subsidiary. Requires the Department, upon notice to the permit holder, to rescind a permit issued under GS 143-214.7 without the holder’s consent where the permitted development has not been initiated within five years after the date the permit was issued.
Section 6.
Requires DEQ and the Wildlife Resources Commission (WRC) to annually report on the implementation and response to the fishery reporting requirements set forth in GS 113-170.3, including potential incentives to encourage reporting to the specified NCGA committee by May 1 of each year. Makes organizational change.
Section 7.
Amends GS 143-214.1A (water quality certification requirements for certain projects) as follows. Expands the scope of the statute to include maintenance dredging projects (defined) partially funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund, in addition to other listed projects and applications. Amends the timeframes governing DEQ’s decision on an application under the statute to allow a decision to issue 90 days of the date the application is deemed complete if a public hearing is held. Makes conforming changes.
Section 8.
Directs the Environmental Management Commission (EMC) to review 15A 23 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 in the rule 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 the EMC to report its findings including any legislative recommendations to the specified NCGA Committee by no later than June 1, 2024.
Section 9.
Changes the deadline DEQ’s submission of its human health risk assessment of 1,4-dioxane in drinking water from October 1, 2023 to May 1, 2024. Now directs the NC Collaboratory (was, DEQ) to evaluate the technologies that are commercially available to remove 1,4-dioxane from wastewater effluent at facilities at various flow volumes, including at flow volumes of greater than 1 million gallons per day. Changes the deadline for the Collaboratory’s report to the specified NCGA Committee from January 15, 2024, to May 1, 2024.
Section 10.5
Amends GS 113-229 (pertaining to permits to dredge or fill in or about estuarine waters or state owned lakes) to prevent DEQ from including any condition in a permit that restricts dredging activities to a specified time frame, except those time frames, or moratorium periods, that are required pursuant to the federal Clean Water Act and Endangered Species Act, regulations promulgated thereunder, or other applicable federal law.
Section 11.
Updates statutory numbers of new provisions pertaining to submersible polystyrene devices.
Section 14.
Reinstates the provision applying the requirement that nutrient offset credits must be applied to a wastewater permit by applying the TMDL transport factor to the permitted wastewater discharge and to the nutrient offset credits as specified in the 1999 Phase I TMDL, only to wastewater discharge permit applications for a local government located in the Neuse River Basin with a customer base of fewer than 15,000 connections.
Section 18.
Amends GS 143-215.1(f3) (pertaining to wastewater systems) as follows. Allows permittees for wastewater systems to calculate its wastewater flows for new dwelling units discharging to wastewater systems serving two or more dwelling 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 DEQ (currently, no mention of wastewater systems serving two or more dwelling units). Specifies that if wastewater, flows are calculated pursuant to this subdivision, the minimum volume of sewage from each dwelling unit is 75 gallons per day and each additional bedroom above one bedroom increases the volume by 75 gallons per day. Requires permittees to calculate its wastewater flows for new dwelling units discharging to wastewater systems serving two or more dwelling units that have yet to be connected and for which the permittee has not allocated capacity at 75 gallons per day per bedroom, or at a lower rate approved by DEQ. For wastewater flows calculated pursuant to this subdivision, the minimum volume of sewage from each dwelling unit is 75 gallons per day and each additional bedroom above one bedroom increases the volume by 75 gallons per day.
Requires the EMC to implement the Dwelling Wastewater Design Flow Rate Rule (15A NCAC 02T .0114) to be consistent with GS 143-215.1(f3) and (f4) as enacted by the act and the Demonstration of Future Wastewater Treatment Capacities Rule (15A 9 NCAC 02T .0118) to be consistent with GS 143-215.1(f5) as enacted by Section 1 of SL 2023-55. The Wastewater Design Flow Rate Rule applies to all permits for dwelling units issued on or after November 1, 2023. Both rules sunset when permanent rules are effective. Requires the EMC to adopt rules consistent with these provisions. . Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3).
Requires the EMC to study whether to amend the flow rates established pursuant to 15A NCAC 02T .0114(c) for schools, charter schools, boarding schools, preschools, and day care facilities, including schools with or without cafeterias, gyms, and showers, to consider reduced water consumption associated with new plumbing fixtures and appliances.
Deletes provisions authorizing the EMC to amend wastewater design flow rates consistent with SL 2023-55.
Section 19.
Requires DEQ to study proper handling of end-of-life lithium-ion batteries, and specifically whether any exceptions to a ban on disposal in landfills based on the size of a battery are appropriate. Requires DEQ to report its findings, including any recommendations for legislative action, to the EMC no later than May 1, 2024. (Previously, DEQ could enact rules to establish a regulatory framework for the proper handling of end-of-life lithium batteries and photovoltaic modules.)
Section 25.
Enacts Article 85A (Supply Chain Emergency Act) to GS Chapter 106. Sets forth procedures for when the Commissioner of Agriculture (Commissioners), in consultation with poultry/protein processors and slaughter facilities, determines that there is a imminent threat to or a disruption of the agricultural supply chain or food supply chain with respect to poultry or livestock due to a lack of capacity at rendering facilities or landfills, including authorizing the Commissioner to take emergency measures, which are not subject to the APA. Specifies that any emergency measures cannot last longer than 90 days and may only be renewed once.
Part II
Section 27.
Changes the number of the new statute to GS 160A-499.7 (pertaining to online marketplaces).
Section 28.
Changes the section's effective date to January 1, 2024.
Section 30.
Amends GS 131E-78.5(a2) (stroke center designations) to allow the recognition of Primary Stoke Centers that offer mechanical endovascular therapies but have not been certified as Thrombectomy-Capable Stroke Centers as "Primary Stroke Centers with endovascular services" (was, may recognize those that have not been certified as Thrombectomy-Capable Stroke Centers but have attained a level of stroke care distinction by offering mechanical endovascular therapies).
Section 31.
Amends GS 90-414.6 (State ownership of the Health Information Exchange [HIE] Network data) to specify that patient identifiers created and utilized by the Authority to integrate identity data in the HIE Network, along with the minimum necessary required demographic information related to those patients, will be released to the NC Government Data Analytics Center (GDAC) and the Department of Health and Human Services (DHHS) by the NC HIE Authority for purposes of entity resolution and master data management. Specifies that the identifiers are not considered public records.
Makes conforming changes to GS 143B-1385 (pertaining to GDAC) and authorizes GDAC to release identifiers to State agencies, departments, and institutions as part of the initiative for the purposes of entity resolution and master data management. Effective December 1, 2023.
Section 34.
Amends GS 143B-1333, the Department of Information Technology’s (DIT) Internal Service Fund (ISF), as follows. Expands what is funded through the fee scheme established under the statute to include all of DIT’s procurement activities, including the Statewide IT Procurement Office (currently fees are directed to the IT Strategic Sourcing Office).
Section 38.
Extends the effective date to December 31, 2025, for the following six rules adopted by the Appraisal Board on April 19, 2022: (1) 21 NCAC 57A .0201 (Qualifications for Trainee Registration and Appraiser Licensure and Certification); (2) 21 NCAC 57A .0405 (Appraisal Reports); (3) 21 NCAC 57A .0407 (Supervision of Trainees); (4) 21 NCAC 57A .0601 (Experience Credit to Upgrade); (5) 21 NCAC 57A .0604 (Types of Appraisal Experience); and (6) 21 NCAC 57A .0605 (Reporting Appraisal Experience).
Section 40.
Repeals GS 115C-218.35(e) (requiring charter schools to comply with directive requiring the local board of education to inquire to local systems regarding water and sewerage capacity). Enacts GS 115C-218.36, which directs the board of directors of a charter school, prior to applying for a development approval, to inquire directly to water and sewerage system about their capacity to serve the proposed charter school facility. Sets forth timelines for response. If the public system has the capacity, directs the system to reserve the necessary capacity for the proposed charter school facility for 24 months from the date of the written inquiry from the board of directors. Upon costs associated with water and sewer infrastructure for the proposed charter school facility having been incurred by the board or an agent of the board, neither the public system nor a local government can deny access to the public system in which capacity is reserved for the proposed charter school facility during the 24-month period.
Section 41.
Amends GS 150B-21.7 (effect of transfer of duties or termination of agency on rules under the APA) to require agencies to notify the Codifier of Rules within 30 days after either an executive order or law abolishes part or all of an agency and does not transfer a function of that agency to another agency, thus causing a rule concerning a function abolished by the law/executive order to be repealed (currently, law just requires the agency to notify the Codifier without any timeframe of when that notice must be provided). Specifies that if the Codifier does not receive timely notice, then the Codifier must remove the rule from the State administrative code after notice to the agency.
Section 42.
Prevents an agency of this State from enforcing against any person a policy, guideline, or other interpretive statement that describes the procedure or practice requirements of the agency unless those requirements have been adopted as a rule in accordance with the APA.
Section 43.
Expands the exemptions pertaining to the procedures for letting public contracts under GS 143-129(e) to include repair work made through a competitive bidding group purchasing program (defined) involving a combination of installation labor and equipment acquisition (currently, just purchases made through a competitive bidding group purchasing program).
Section 44.
Enacts new GS 153A-134.1 (pertaining to regulation of battery-charged security fences--counties) and GS 160A-194.1(pertaining to regulation of battery-charged fences-cities). Defines a battery-charged security fence to mean an alarm system and ancillary components, or equipment attached to that system, including a fence, a battery-operated energizer intended to periodically deliver voltage impulses to the fence, and a battery charging device used exclusively to charge the battery. Establishes the following seven requirements that all battery-charged security fences are required to meet: (1) interfaces with a monitored alarm device enabling the alarm system to transmit a signal intended to summon the business or law enforcement in response to an intrusion or burglary; (2) is located on property that is not designated by a county or city exclusively for residential use; (3) has an energizer powered by a commercial storage battery that is not more than 12 volts of direct current; (4) has an energizer that meets the standards established by the most current version of the International Electrotechnical Commission Standard 60335-2-76; (5) is surrounded by a non-electric perimeter fence or wall that is not less than 5 feet in height; (6) does not exceed 10 feet in height or 2 feet higher than the non-electric perimeter fence or wall, whichever is higher; (7) is marked with conspicuous warning signs that are located on the battery-charged security fence at not more than 30-foot intervals and read: "WARNING—ELECTRIC FENCE".
Bars counties and cities from (1) adopting ordinances, rules, or regulations that require a permit, fee, review, or approval for the use or installation of a battery-charged security fence beyond any permit that may be required by an ordinance adopted by the county’s governing board under GS 74D-11; (2) imposing installation or operating requirements inconsistent with the described standards; (3) prohibiting the installation or use of battery-operated security fences on property zoned for nonresidential purposes.
Section 45.
Amends requirements for interpreter and transliterator licensure. Amends certification requirements under GS 90D-7 to include North Carolina Interpreter and Transliterator Licensing Board (Board) approved national entities in lieu of certification by the Registry of Interpreters for the Deaf, Inc and removes the option of holding a quality assurance North Carolina Interpreter Classification System level A or B. Amends GS 90D-8 to include a requirement of a two-year associate degree in interpreting from an accredited institution (was, one of the four options) for provisional licensure as an interpreter or transliterator; also raises the minimum assessment score for Educational Interpreter Performance Assessment (EIPA) from 3 to 3.5 and allows for other certifications from Board-approved bodies to be considered for licensure. To meet statutory hourly requirements, interpreters and transliterators shall provide documentation when applying for provisional licensure. Effective December 1, 2023.
Requires the North Carolina Interpreter and Transliterator Licensing Board to adopt temporary rules to implement the provisions of this act, which will remain in effect until permanent rules that replace the temporary rules become effective.
Section 46.
Enacts GS 143B-1033. Prohibits employers from discriminating against or taking any adverse employment actions against an employee based on either the employee's membership in the NC Wing-Air Patrol, or the employee's statutorily authorized absence, meaning one that is required to perform duties incident to a State approved mission or US Air Force authorized mission, is no longer than seven consecutive scheduled working days for the employee, and which does not exceed 14 scheduled working day absences for the employee in one calendar year. Permits the employer to require documentation of the employee's mission order. Specifies that the enactment does not require an employer to pay salary or wages to an employee during an authorized absence unless the employee chooses to use paid leave. Applies to absences occurring on or after December 1, 2023.
Part III
Section 50.
Updates the reference to the repeal of Section 12 of SL 2023-108 to reflect the passage of H 488.
Section 51.
Amends GS 143-136.1(a), as enacted by SL 2023-108, by amending the membership of the Residential Code Council as follows. Requires that members appointed by the NCGA upon recommendation of the Speaker of the House to hold (1) an unlimited general contractor license and specialize in residential construction (was, only hold an unlimited residential contractor license) and (2) an unlimited, intermediate, or limited general contractor license (was, an unlimited general contactor license) and specialize in coastal construction. Requires a member appointed by the NCGA upon recommendation of the Speaker Pro Tempore to hold (1) an unlimited or intermediate general contractor license and specialize in residential construction (was, hold an intermediate residential contractor license only) and (2) an unlimited, intermediate, or limited general contractor license and specialize in residential construction (was, hold a limited residential contractor license only).
Effective January 1, 2025.
Section 52.
Amends GS 20-116 to increase the height limit on vehicles from 13 feet, six inches, to 14 feet. Applies to offenses committed on or after December 1, 2023.
Section 53.
Amends GS 131E-13, which concerns the lease or sale of hospital facilities to or from for-profit or nonprofit corporations or other business entities by municipalities and hospital authorities. Adds that the statute does not apply to leases in which the same tenant has continuously held possession of a hospital facility, or part of a hospital facility, since at least June 30, 1984. Adds that subsection (d) of the statute, which sets forth eight requirements that must be met before a municipality or hospital authority leases, sells, or conveys a hospital facility or part of a hospital facility, does not apply to subleases in which the same tenant, acting as a sublessor, has continuously held possession of a hospital facility, or part of a hospital facility, since at least June 30, 1984; however, upon notice by the tenant to a municipality or hospital authority that the tenant, acting as a sublessor, has approved a sublease of a hospital facility, or part of a hospital facility, the municipality or hospital authority must comply with the provisions of subdivisions (h)(1) through (h)(4) of this statute (concerning requirements to be met when a lease sale, or conveyance has not been approved and additional prospective leases or buyers are solicited). Makes clarifying changes to the statute. Effective January 1, 2024.
Removes proposed GS 90-413 (pertaining to retention of medical records).
Deletes proposed Shallow Draft Applicability Rule.
Removes proposed changes to GS 87-1 (pertaining to general contractor project cost minimums); GS 87-14 (regulations as to issue of building permits); GS 143-138(b5) (permit exclusions for minor activities); GS 143-138(b21) (permit exclusion for certain minor activities in commercial buildings and structures); GS 160D-1110(c) and (g) (project cost minimums under the State building code); GS 160D-1110(d) (pertaining to local government permitting under the State building code); GS 44A-11.1(a)(liens relating to improvements on real property); and GS 89D-12(c) (landscape contractors).
Deletes proposed changes to GS 130A-335(c2) (prohibiting counties from regulating certain off-site wastewater systems).
Makes conforming and organizational changes.
| Intro. by Riddell, Zenger, Brody, Chesser. | STUDY, GS 14, GS 20, GS 62, GS 90, GS 90D, GS 95, GS 106, GS 110, GS 113, GS 113A, GS 115C, GS 130A, GS 131E, GS 143, GS 143B, GS 150B, GS 153A, GS 160A, GS 160D, GS 166A |
The Daily Bulletin: 2023-09-22
Conference report to the 5th 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 January 1, 2025.
Part XIV.
Amends GS 58-50-130 by reducing those who may receive stop loss, catastrophic, or reinsurance coverage to small employers employing more than twelve (was, more than five) eligible employees. Changes the effective date from October 1, 2023 to October 1, 2024.
Part XV.
Changes the effective date to the coverage changes to GS 58-45-41(a) from July 1, 2023 to 30 days after the act becomes law.
Part XVI.
Amends GS 58-36-10 regarding the factors to consider in making and using insurance rates to require due consideration to be given to investment income from capital and surplus.
Amends GS 58-36-43 to provide that an insurance company cannot condition the acceptance or renewal of a policy, any underwriting criteria, or any rating criteria, upon the acceptance by the policyholder of any optional automobile or homeowners' enhancements authorized by the statute (previously phrased to combine underwriting rating criteria).
Repeals GS 58-36-43(b), which requires insurers to utilize statistical codes outlined by their statistical organization in reporting premiums and losses resulting from program enhancements filed with the Commissioner of Insurance (Commissioner) pursuant to the statute.
Amends GS 58-36-65 to set forth a new definition for conviction used in the statute regarding classifications of drivers and safe driving incentive plans, as the term was previously defined by statutory cross-reference that has since been repealed.
Amends GS 58-36-65 to require that for convictions for which four or more points under a Safe Driving Incentive Plan are assigned, other than convictions for speeding in excess of the posted speed limit, subclassification plan charges must be applied to a policy for a period of five policy years.
Amends subsection (k) of GS 58-36-65 to allow the subclassification plan to provide for premium surcharges for insureds having less than eight years' driving experience as licensed drivers for insureds receiving a drivers license for the first time on or after January 1, 2025. Makes conforming changes to restrict the same authority for insureds having less than three years' driving experience as licensed drivers for insureds receiving a driver's license for the first time on or before January 1, 2025.
Enacts subsection (k1) to GS 58-36-65 to provide for drivers subject to subsection (k) to be eligible for an inexperienced safe driver discount after three full years of driving experience. Details eligibility requirements, including having no at-fault accidents or convictions (including prayers for judgment continued) on the driver's driving record, which precludes the driver from discount eligibility. Eligibility terminates after eight years of licensure or upon an at-fault accident or conviction. Requires any discount to be filed by the Rate Bureau with the Commissioner. Effective October 1, 2023.
Amends GS 58-36-75(f) to expand the time period required for a clean driving record for a subclassification plan to assess no premium surcharge or points for specified traffic violations and convictions, from three to five years immediately preceding, as stated. Effective October 1, 2023.
Directs the Department of Insurance to conduct public outreach regarding the impact to policyholders and both experienced and inexperienced drivers, including publication on the Department's website. Permits coordination with the insurance industry and the Rate Bureau.
Effective January 1, 2025.
Part XVII.
Makes organizational changes to Article 29E of GS Chapter 115C by dividing it into multiple parts: definitions (Part 1), Oversight of Interscholastic Athletic Activities (Part 2), Memorandum of Understanding (Part 3).
Enacts new term, associated entity, which means a foundation, association, corporation, limited liability company, partnership, or other nonprofit entity that meets any of five listed criteria.
Amends GS 115C-407.55 (pertaining to the rules for High School Interscholastic Athletic Activities) as follows. Prevents the State Board of Education (Board) from delegating the adoption of the student participation rules (Rules), health and safety rules, appeals rules, fees rules, reporting rules, and administering organization rules to an administering organization. Prevents an administering organization from altering or expanding the Rules, the appeals rules, fees rules, reporting rules, administering organization rules, or the health and safety rules. Adds nine required provisions to the Rules, including academic standards, enrollment requirements, attendance requirement, medical eligibility requirements, biological participation requirements as required by GS 115C-407.59, recruiting limitations and hardship exceptions that may be granted by the appeals board established by the act (discussed below), and rules on student amateur status requirements, including rules related to use of a student's name, image and likeness.
Specifies that the penalty rules only apply to infractions for violation of student participation and gameplay rules. Specifies that violations cannot result in monetary penalties of any kind.
Specifies that the appeals rules have to provide due process to parents, students and participating schools for enforcement of the rules through hearings held before an independent appeals board. Directs the Superintendent of Public Instruction (SPI) to appoint an independent appeals board. Provides for notice. Provides that a student and that student's parent must be allowed to appeal a penalty resulting from the application of any rule that restricts an individual student from participating in a season, game, or series of games, and must be provided a written copy of the rule that is the basis for the penalty. Gives the independent appeals board the authority to grant hardship exceptions.
Amends the reporting rules to require a process for reporting intimidation or harassment of the participating school or its employees or students by an administering organization, in addition to other matters provided in the section.
Amends GS 115C-407.60 (administration and enforcement of high school interscholastic athletic activity rules), as follows. Substitutes the SPI as the person authorized to enter into MOU’s with nonprofits to enforce Article 29E. Specifies that all MOU’s have to include the requirements set forth in new GS 115C-407.61. Specifies that an administering organization is a public body for purposes of State public meetings law. Makes conforming GS 115C-407.50’s definition of administering organization to account for SPI’s new contracting power.
Enacts GS 115C-407.61 which specifies the required contents of the MOU’s discussed above. Requires contracting nonprofit administrator to publish and provide for notice and comment for any rules it drafts pursuant to any rulemaking authority delegated to it by the Board and sets forth a process for rule adoption. Requires the nonprofit to make certain materials available on its website at no cost. Sets forth requirements pertaining to board membership, adoption of an ethics policy, procedures relating to public records and student records, entering into certain contracts with participating schools, reduction of annual fees by certain amounts, retention of a certain amount of net tournament proceeds, refraining from certain listed activities, and annual reports on specified matters. Authorizes the Superintendent to terminate any MOU for noncompliance with Article 29E or the terms of the MOU. In the event of termination, the nonprofit organization must return to each participating school a pro rata share of the funds paid by that school for the year as provided in the participating school's contract with the organization. Requires the administering organization to agree to be audited annually by a reputable independent auditor that meets, at a minimum, the standards required by the Local Government Commission for certification to audit local government accounts as provided in GS 159-34. Allows the SPI to renew a memorandum of understanding with an administering organization for an additional term of four years. Provides for written notice in cases of nonrenewal.
Makes conforming changes to GS 115C-407.65 (pertaining to the conduct of high school interscholastic athletic activities by public school units). Enacts GS 115C-407.70 (pertaining to middle school interscholastic athletic activities) requiring the Board to adopt the same student participation, student health and safety rules, penalty rules, appeals rules, administrative rules, gameplay rules, fee rules, and reporting rules that apply to high school interscholastic activities. Requires administration of those rules by the SPI. Requires public school units that participate in middle school interscholastic athletics to abide by those rules. Organizes these two statutory provisions into Part 4 of the Article.
Enacts new Part 5, pertaining to public school unit reports. Sets forth annual reporting requirements to the Superintendent and Board by public school units with one or more participating schools in interscholastic activities. Requires the SPI to provide a summary of the reports and each individual school unit report to the specified NCGA committee by no later than October 15 annually. Amends GS 143-318.10 to include the nonprofit administering entities as entities whose meetings must be open to the public under the open meetings act, makes organizational changes.
Applies beginning with the 2024-2025 school year and thereafter.
Part XVIII.
Amends GS 115C-12(23) (pertaining to the power of the Board to adopt rules pertaining to interscholastic activities) to delete requirements relating to concussions, emergency action plans, sex designation on athletic teams, the right to bring an action for harm caused by those sex designations, and the Board’s duty to monitor schools for compliance in adopting emergency action plans. Recodifies those provisions into new GS 115C-407.57 (rules on concussions and head injuries); new GS 115C-407.58 (emergency action plans); new GS 11C-407.59 (athletic eligibility).
Makes conforming changes to GS 115C-548.1 (athletic teams-private religious schools); and GS 115C-556.1 (athletic teams-qualified nonpublic schools).
Part XIX
Requires the Board to review and adopt new or revised temporary rules on interscholastic athletics for use in the 2024-2025 school year in accordance with the requirements of the act, by no later than January 15, 2024. Specifies submission requirements of temporary rules to the specified NCGA Committee.
Requires the Board to adopt new or revised permanent rules for use beginning with the 2025-2026 school year and thereafter.
Requires the SPI, in consultation with any administering organization, to study and make findings to the specified NCGA committee by April 1, 2024 on (1) whether an administering organization should be responsible for overseeing the conduct of middle school interscholastic athletics for public school units and (2) factors that should be considered in (i) home school students' participation in interscholastic athletics, including how to address insurance and liability issues for those students while participating in interscholastic athletics, (ii) cooperative innovative high school students' participation in interscholastic athletics, and (iii) nonpublic schools. Requires the SPI to set up workgroups.
Requires all public school units to submit the first annual interscholastic athletic report to the SPI and the Board by no later than July 15, 2025, and must include data from the 2019-2020, 2020-2021, 2021-2022, 2022-2023, 2023-2024, and 2024-2025 school years.
Part XX.
Makes conforming changes to the definition of public body under GS 143-318.10(b) to include administrative organizations as defined in GS 115C-407.50(1). Effective July 1, 2024.
Makes conforming and organizational changes. Makes conforming changes to the act’s titles.
AN ACT TO MODIFY LAWS CONCERNING ADULT CORRECTION AND LAW ENFORCEMENT AGENCIES. SL 2023-121. Enacted September 22, 2023. Effective September 22, 2023, except as otherwise provided.
Conference report makes the following changes to the 3rd edition.
Deletes Section 2 of the act, which enacted new GS 14-190.15A (restrictions on adult live entertainment) and Section 3 of the act, which enacted new GS 14-202.1A (sexual contact with a minor).
Adds the following new content.
Section 2
Enacts GS 14-190.17B, requiring courts to order restitution for first, second, or third degree sexual exploitation of a minor offenses (set forth in GS 14-190.16, 14-190.17, and 14-190.17A, respectively). Directs the court to determine the full amount of the victim's losses for costs incurred as a proximate result of the offense, including applicable injuries and damages described in GS 15A-1340.35 (Basis for restitution); medical services relating to physical, psychiatric, or psychological care; physical and occupational therapy or rehabilitation; transportation, temporary housing, and childcare expenses; loss of income; and attorneys’ fees and litigation costs. Provides for apportionment when more than one defendant contributed to the losses of the victim. Allows for the defendant to petition the court to amend the order upon showing the victim has received restitution in the full amount of the victim's determined losses. Allows the court to require the victim to provide information for amounts paid in other cases for the same losses. Provides that notwithstanding any other provision of this section, the court is not required to order restitution for a violation of GS 14-190.16, 14-190.17, or 14-190.17A if the victim has not been identified. Provides for the statute to supersede Article 81C, GS Chapter 15A (governing restitution in criminal cases), in case of conflict. Applies to orders for restitution entered on or after December 1, 2023.
Section 3
Amends GS 14-190.1 to make it illegal for a person age 18 or older (was, any person) to: (1) intentionally disseminate obscenity; (2) knowingly and intentionally create, buy, procure, or possess obscene material with the purpose and intent of disseminating it unlawfully; and (3) advertise or otherwise promote the sale of material represented or held out by that person as obscene. Makes it a Class H felony (instead of Class I) for any person to knowingly violate this statute in the presence of a minor under age 18.
Amends GS 14-190.6 by increasing the penalty from a Class I felony to a Class H felony for a person age 18 or older to intentionally hire, employ, use or permit any minor under the age of 16 years to do or assist in doing any act or thing constituting an offense under Article 26 (Offenses Against Public Morality and Decency) and involving any material, act, or thing they know or reasonably should know to be obscene.
Amends GS 14-190.7 by increasing the penalty from a Class I felony to Class H felony for a person age 18 or older who knowingly disseminates to any minor under the age of 16 years any material which they know or reasonably should know to be obscene.
Amends GS 14-190.8 by increasing from a Class I to a Class G felony for a person age 18 years or older to knowingly disseminate to any minor under the age of 13 years any material which they know or reasonably should know to be obscene.
Amends GS 14-190.9 as follows. Makes it a Class H felony for any person at least age 18 to willfully expose the private parts of his or her person in any public place in the presence of a minor as defined in GS 14-190.13 (was, in the presence of any other person less than 16 years of age) for the purpose of arousing or gratifying sexual desire. Makes it a Class 2 misdemeanor for a person at least 18 years of age to willfully expose the private parts of his or her person in a private residence of which they are not a resident and in the presence of a minor as defined in GS 14-190.13 (was, in the presence of any other person less than 16 years) who is a resident of that private residence. GS 14-190.13 defines a minor as an individual who is less than 18 years old and is not married or judicially emancipated.
Applies to offenses committed on or after December 1, 2023.
Amends the act's long title.
| Intro. by B. Newton, Britt, Daniel. | GS 14 |
The Daily Bulletin: 2023-09-22
AN ACT TO KEEP THE COMMON BOUNDARY BETWEEN FRANKLIN COUNTY AND GRANVILLE COUNTY AS THE CURRENTLY RECOGNIZED COMMON BOUNDARY WHICH IS CONSISTENT WITH THE COUNTY BOUNDARIES ESTABLISHED BY THE 2020 CENSUS GEOGRAPHY. SL 2023-122. Enacted September 22, 2023. Effective September 22, 2023.
| Intro. by Winslow. | UNCODIFIED, Franklin, Granville |
The Daily Bulletin: 2023-09-22
Actions on Bills: 2023-09-22
H 8: VARIOUS STATUTORY CHANGES. (NEW)
H 125: NC HEALTH & HUMAN SERVICES WORKFORCE ACT (NEW).
H 142: PROTECT OUR STUDENTS ACT-AB. (NEW)
H 259: 2023 APPROPRIATIONS ACT.
H 361: REQUIRE REPORT/PROTECTION & ADVOCACY AGENCY.
H 415: STOP ADDICTION FRAUD ETHICS ACT OF 2023.
H 563: REGULATE HEMP-DERIVED CONSUMABLES & KRATOM. (NEW)
H 600: REGULATORY REFORM ACT OF 2023.
S 211: PERMIT MULTISTATE WATER/SEWER AUTHORITY.
S 452: DOI & INS LAW AMD/REVISE HS ATHLETICS (NEW).
S 477: AMEND BUS. CORP. ACT/BUS. OPP. DISCLOSURES.
S 492: ADULT CORRECTIONS/LAW ENF. CHANGES. (NEW)
S 531: DAM SAFETY LAW CLARIFICATION.
S 579: PREVENT HARM TO CHILDREN.
S 677: SURVEYORS RIGHT OF ENTRY/EXPED. COMM. BLDG. (NEW)
S 678: CLEAN ENERGY/OTHER CHANGES. (NEW)
S 692: CHANGES IN EDUCATION LAWS. (NEW)
S 749: NO PARTISAN ADVANTAGE IN ELECTIONS.
Actions on Bills: 2023-09-22
H 5: LOCAL CHANGES OMNIBUS. (NEW)
H 438: FRANKLIN/GRANVILLE RECOGNIZED COMMON BOUNDARY.
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