The Daily Bulletin: 2024-04-30

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The Daily Bulletin: 2024-04-30

PUBLIC/HOUSE BILLS
H 10 (2023-2024) REQUIRE SHERIFFS TO COOPERATE WITH ICE. Filed Jan 25 2023, AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS, TO REQUIRE CERTAIN REPORTS FROM LOCAL LAW ENFORCEMENT, AND TO AUTHORIZE THE ATTORNEY GENERAL TO SEEK A COURT ORDER FOR FAILURE TO COMPLY.

Senate committee substitute to the 2nd edition makes the following changes.

Amends GS 162-62 by requiring adoption of a policy for compliance with the new provisions related to compliance with detainers.

Adds new GS 162-63, establishing a complaint procedure for any person, including a federal agency, to file a complaint with the Attorney General alleging that an administrator (as defined) has failed or is failing to comply with GS 162-62 as amended by the act. Requires petitioner to include any evidence of noncompliance the person has in support of the petition. Requires administrators to comply with any document requests from the Attorney General relating to a complaint. Allows for the Attorney General to file a petition for declaratory or injunctive relief, mandamus, or other relief in the Superior Court for Wake County, or the superior court of the county where the facility is located, against the administrator.  Requires the court to issue an injunction if it finds that an administrator is not in compliance with GS 162-62 and provides for continuing jurisdiction.  Provides for orders approving consent decrees and for an appeal. 

Removes appropriation of $278,994 in recurring funds for each year of the 2023-2025 biennium from the General Fund to the Department of Health and Human Services, Division of Health Services Regulation, Construction Section to be used to hire two full-time Jail Inspectors.

Changes effective date to July 1, 2024, and applies to offenses committed and persons released from custody on or after that date. Makes conforming changes to the act’s long title. 

  

Intro. by D. Hall, B. Jones, Saine, Carson Smith.GS 162
H 922 (2023-2024) MARINE LIFE PROTECTION ACT. Filed Apr 30 2024, AN ACT TO PROTECT MARINE LIFE AND THE ENVIRONMENT BY PROHIBITING CERTAIN BALLOON RELEASES.

Includes whereas clauses.

Adds new Part 2K, Management of Certain Balloon Releases, to Article 9 of GS Chapter 130A, providing as follows. Makes it illegal to engage in a balloon release, punishable as an infraction. Also allows the Secretary of Environmental Quality to also impose an administrative penalty for violations. Defines a balloon release as the knowing and intentional release of balloons by a person or through the operation of a device controlled by a person, and subsequent littering of released balloons or portions of released balloons, except for: (1) balloons released by a person on behalf of a government agency or under a contract for scientific or meteorological purposes; (2) hot air balloons that are recovered after launching; or (3) a balloon release that occurs and is contained entirely within a building, tent, or other construct that prevents the balloons from reaching the environment. Makes conforming changes to GS 130A-22. Effective January 1, 2025.

Appropriates $100,000 for 2024-25 from the General Fund to the Department of Environmental Quality for education activities related to the prohibition in this act. Effective July 1, 2024.

Intro. by Harrison, Autry, Butler, Belk.APPROP, GS 130A
H 923 (2023-2024) RIGHTS OF NATURE/DAN RIVER. Filed Apr 30 2024, AN ACT TO RECOGNIZE AND PROTECT THE RIGHTS OF THE DAN RIVER ECOSYSTEM AND TO RECOGNIZE AND PROTECT THE RIGHT OF THE PEOPLE OF NORTH CAROLINA TO A HEALTHY DAN RIVER ECOSYSTEM.

Contains whereas clauses. Enacts the Rights of the Dan River Ecosystem (DRE), new Article 11 to GS Chapter 77, to recognize and protect the rights of the DRE and the right of the people of the State to a healthy, thriving DRE.  Defines DRE and natural resource management agencies (Department of Natural and Cultural Resources [DNCR], Department of Environmental Quality [DEQ], and Wildlife Resources Commission [WRC] in GS 77-147. Lists six enumerated rights of the DRE including the right to naturally exist, flourish, regenerate and evolve and the right to full restoration, recovery, and preservation in GS 77-148.  Specifies that new Article does not abrogate the collective or individual rights of indigenous people residing in the State in GS 77-150. Requires DNCR, DEQ, and WRC to take action in furtherance of the act’s purpose in GS 77-151, including to:

  • (1) not conduct, authorize, license, permit, or fund any public or private activities, practices, or operations that are inconsistent with, or which will or may violate or infringe upon, the rights or provisions of the article and (2) conduct agency rules and practices review and jointly conduct a complete baseline environmental assessment of the DRE to include those areas in need of restoration and prioritize those areas by June 30, 2025; 
  • remedy any ongoing violations identified above and develop recommendations for remedying any potential or ongoing violation identified above and submit a report for recommendation to the NCGA by June 30, 2026; and
  • completely restore all areas of the DRE by June 30, 2029.

New GS 77-152 provides for civil enforcement by the Attorney General, the DRE (both directly and through intervention), and by citizens on behalf of the DRE or individually. Places the burden of proof on the alleged violator in any action. Provides for injunctive relief, damages, and civil penalties of up to $10,000 for a single occurrence or up to $500 per day for a single occurrence for business or government violators. Penalties for willful violations are trebled. Waives sovereign immunity. Provides for strict liability for business entities. Contains severability provision. Provides for a measure of damages.

Appropriates $100,000 from the General Fund to DNCR, DEQ, and WRC  to carry out the reviews assessment listed above.

Intro. by Harrison, Cervania, Autry.APPROP, GS 77
H 924 (2023-2024) ENABLE CERTAIN CHARTER SCHOOLS TO ELECT SHP. Filed Apr 30 2024, AN ACT ENABLING THE BOARD OF DIRECTORS OF CERTAIN CHARTER SCHOOLS TO ELECT TO PARTICIPATE IN THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.

Notwithstanding the time limits contained in GS 135-48.54 (pertaining to optional participation by charter schools operated by private nonprofits or municipalities in the State Health Plan for Teachers and State Employees [Plan]) permits the following charter schools to elect to become a participating employee unit in the Plan: (1) NC Leadership Academy located in Forsyth County; (2) Alpha Academy located in Cumberland County; and (3) Durham Charter located in Durham County.  Requires that the election be made no later than 30 days after the act becomes law and must be made in accordance with all other requirements of GS 135-48.54.  Effective July 1, 2024, appropriates from the General Fund to the Department of State Treasurer the sum of $225,000 in recurring funds for the 2024-2025 fiscal year to be used by the Plan for the purposes described above. 

Intro. by Zenger, Wheatley.APPROP
H 925 (2023-2024) CREATE DEPT. OF HOUSING AND COMM. DEVELOPMENT. Filed Apr 30 2024, AN ACT TO ESTABLISH THE NORTH CAROLINA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

Establishes the Department of Housing and Community Development (Department) as a cabinet-level department containing the Division of Operations, the Division of Community Development, the Division of Housing and the Policy and Legislative Office. 

Amends GS 143B-2 making the Department subject to the Executive Organization Act of 1973. Amends GS 143B-6 making the Department a principal department.

Amends GS 126-5 listing the Department among those which the Governor may designated positions that are exempt from the NC Human Resources Act.

Enacts new Article 17, Department of Housing and Community Development in GS Chapter 143B, providing as follows. Establishes the Departments and sets out its structure. States the Department's mission as: (1) partner with communities in this State to develop economic potential of communities and residents; (2) provide training and certification for building officials; and (3) invest in housing and community development projects in this State to assist low- to moderate-income residents. Establishes the Secretary of the Department of Housing and Community Development as the head of the Department. Establishes the 9-member North Carolina Board of Housing and Community Development to advise the Secretary and to assist in the mission of the Department. Sets out membership appointment power, sets terms at two years and provides for filling vacancies.

Appropriates $30 million in recurring funds for 2024-25 from the General Fund to the Department. Effective July 1, 2024.

Intro. by Staton-Williams.APPROP, GS 143
H 926 (2023-2024) HARRISBURG PASSENGER RAIL STATION FUNDS. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS TO THE TOWN OF HARRISBURG FOR THE CONSTRUCTION OF A NEW PASSENGER RAIL STATION.

Appropriates $9.2 million for 2024-25 from the General Fund to the Office of State Budget and Management for a directed grant to the Town of Harrisburg as title indicates. Effective July 1, 2024.

Intro. by Staton-Williams.APPROP, Cabarrus
H 927 (2023-2024) BODY CAMERAS/CLOUD STORAGE FOR STATE TROOPERS. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS TO THE STATE HIGHWAY PATROL FOR THE EXPANDED USE AND CLOUD STORAGE OF BODY-WORN CAMERAS AND THE CLOUD STORAGE OF VEHICLE CAMERAS.

Appropriates $993,600 in recurring funds and $3,152,748 in nonrecurring funds for 2024-25 from the General Fund to the Department of Public Safety (DPS), State Highway Patrol (SHP), to be used for the purchase of body-worn cameras and associated video storage costs.

Appropriates $1.4 million in recurring funds for 2024-25 from the General Fund to DPS, SHP, to be used for cloud storage of data obtained by SHP vehicle cameras.  

Effective July 1, 2024.

 

Intro. by Logan, Autry, A. Baker, Greene.APPROP
H 928 (2023-2024) NC STATE HIGHWAY PATROL RETENTION ACT. Filed Apr 30 2024, AN ACT APPROPRIATING FUNDS TO PROVIDE COMPENSATION INCREASES TO MEMBERS OF THE STATE HIGHWAY PATROL.

Appropriates $41,218,080 for each year of the 2023-25 biennium from the General Fund to the Reserve for Compensation Increases, effective July 1, 2024, to establish pay rates for the State Highway Patrol (SHP), asset out in the act. 

Requires, effective July 1, 2024, that SHP employees be paid based on the established experience based or rank-based schedules. Salaries range from $56,000 to $105,000 for experience ranging from 0 years to 8+ years. Salaries range from $120,750 to $224,612 for ranks ranging from Sergeant to Colonel.

Intro. by Logan, Autry, Pierce, Price.APPROP
H 929 (2023-2024) HIGHWAY SAFETY OMNIBUS/ADDIT'L MAGISTRATES. Filed Apr 30 2024, AN ACT TO INCREASE STATE TROOPERS IN MECKLENBURG COUNTY, TO INCREASE MAGISTRATES IN MECKLENBURG COUNTY, TO REVISE CERTAIN PENALTIES FOR FAILURE TO STOP FOR A SCHOOL BUS AND AUTHORIZE THE USE OF VEHICLE REGISTRATION AS PRIMA FACIE EVIDENCE OF RESPONSIBILITY, TO EXPAND THE OPERATIONAL HOURS OF THE CHARLOTTE IMAP CENTER, AND TO APPROPRIATE FUNDS.

Section 1

Appropriates $960,429 in recurring funds and $1,006,488 in nonrecurring funds from the General Fund to the State Highway Patrol for 2024-25 to fund 12 full-time Trooper positions for District H5 of Troop H. Effective July 1, 2024.

Section 2

Increases the minimum number of magistrates required by GS 7A-133 for Mecklenburg County from 38.5 to 43.5. Appropriates $389,660 in recurring funds for 2024-25 and $15,140 in nonrecurring funds for 2024-25 from the General Fund to the Administrative Office of the Courts (AOC) to hire the five additional magistrates required by the act in Mecklenburg County. Effective July 1, 2024.

Section 3

Amends GS 20-217, which requires motor vehicles to stop for properly marked school buses when stopped in certain described instances, increasing the minimum fines as follows: for violation of the statute, from $500 to $1,000; for willful violation of the statute and also striking any person, from $1,250 to $4,500; and for willful violation of the statute and also striking a person that results in their death, from $2,500 to $7,000. Enacts a new subsection, establishing that it is prima facie evidence that the vehicle was operated by the person in whose name the vehicle was registered at the time of the violation whenever evidence is presented in any court or administrative hearing of the fact that a vehicle was operated in violation of the statute. Provides a similar provision with regard to operation by a renter of a rented vehicle. Applies to offenses committed on or after December 1, 2024. 

Section 4

Requires that $20 million in nonrecurring funds of the funds appropriated from the General Fund to the Department of Transportation (Department) for 2024-25 and $15 million in recurring funds of the funds appropriated from the General Fund to the Department for 2024-25 is to be allocated for the Department to record and store video from the Department's highway cameras.

Amends GS 132-1.1 to prohibit highway camera video records stored by the Department  from being disclosed except as provided in new GS 132-1.7B.

Enacts new GS 132-1.7B, providing as follows. Sets out and defines terms, including defining highway camera as a Department of Transportation (Department) video or digital camera, located on highway rights-of-way, for the purpose of monitoring vehicle traffic. Specifies that recordings under this statute are not public records. 

Allows a person to request disclosure of a recording through a written request to the Department that includes the name of the person making the request, date and approximate time of the activity, or otherwise identify the activity with reasonable particularity sufficient to identify the recording. Allows disclosure of a recording to only: (1) a person whose image or voice is in the recording; (2) a personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure; (3) a personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording; (4) a personal representative of a deceased person whose image or voice is in the recording; (5) a personal representative of an adult person who is incapacitated and unable to provide consent to disclosure. Requires disclosing only the portions of the recording relevant to the person's request. Prohibits a person receiving disclosure from recording or copying the recording. Requires the Department to make the disclosure or deny the request as promptly as possible. Sets out six factors the Department is to consider when deciding whether to grant or deny the request. Sets out the procedure under which the person seeking disclosure may apply to the appropriate superior court for a review of the denial of disclosure when disclosure has been denied or disclosure has not been made more than three business days after the request. Sets out conditions under which the court may order disclosure. Sets out individuals that must be notified and given an opportunity to be heard at the hearing.

Provides that recordings are to be released only pursuant to court order. Allows any person requesting release of a recording to file an action in the appropriate superior court for an order releasing the recording. Requires the request to state the date and approximate time of the activity captured in the recording or otherwise identify the activity with reasonable particularity sufficient to identify the recording to which the action refers. Sets out factors the court is to consider in determining whether to order the release of all or a portion of the recording. Limits the release to only those portions of the recording relevant to the person's request and allows placing conditions or restrictions on the release. Sets out individuals that must be notified and given an opportunity to be heard at the hearing.

Requires the Department to disclose or release a recording to a district attorney (1) for review of potential criminal charges, (2) to comply with discovery requirements in a criminal prosecution, (3) for use in criminal proceedings in district court, or (4) for any other law enforcement purpose and allows disclosure or release of a recording for suspect identification or apprehension or to locate a missing or abducted person.

Provides that the Department is not required to retain any recording subject to this statute for more than 30 days, unless a court of competent jurisdiction orders otherwise.

Provides that no civil liability arises from compliance with the statute, so long as the acts or omissions are made in good faith. 

Allows the Department to charge a fee for making a copy of a recording for release, not to exceed the actual cost. Prohibits the court from awarding attorneys' fees.

Prohibits using recordings subject to the statute for fines or private investigation. Provides that no elected official may review recordings subject to this statute, unless they meet the statute's disclosure criteria; excludes a county sheriff or district attorney if review of the recordings is within the scope of a criminal investigation. 

Effective July 1, 2024.

Appropriates $3 million in recurring funds for 2024-25 from the Highway Fund to the Department of Transportation to be used to expand the operational hours of the iMap and North Carolina Department of Transportation Metrolina Transportation Management Center in Charlotte to 24 hours a day, every day of the year. Effective July 1, 2024.

Intro. by Logan, Belk, G. Brown, Hawkins.APPROP, Mecklenburg, GS 7A, GS 20, GS 132
H 930 (2023-2024) COLA/STATE & LOCAL RETIREES/FUNDS. Filed Apr 30 2024, AN ACT TO PROVIDE, AND APPROPRIATE FUNDS FOR, A COST-OF-LIVING ADJUSTMENT FOR RETIREES OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM.

Amends GS 135-5 (concerning the Teachers' and State Employees' Retirement System), GS 135-65 (concerning the Consolidated Judicial Retirement System), GS 120-4.22A (concerning the Legislative Retirement System), and GS 128-27 (concerning the Retirement System for Counties, Cities, and Towns) to provide, from and after July 1, 2024, a 3% increase in the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 2023, or a prorated amount for those whose retirement commenced after July 1, 2023, but before June 30, 2024, as determined by the respective Board of Trustees.

Appropriates $231 million from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments for the 2024-25 fiscal year to implement the act.

Effective July 1, 2024.

Intro. by Logan, Butler, Gill, Majeed.APPROP, GS 120, GS 128, GS 135
H 932 (2023-2024) FUNDS FOR HIGHWAY PATROL FUEL STATION UPGRADE. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS TO EXPAND REFUELING AND VEHICLE MAINTENANCE CAPABILITIES AT THE STATE HIGHWAY PATROL STATION IN HUNTERSVILLE, NORTH CAROLINA.

Appropriates $643,150 in nonrecurring funds for 2024-25 from the General Fund to the Department of Public Safety (DPS) to be used at the State Highway Patrol Station in Huntersville in the specified amounts for fuel infrastructure, an air compressor for filling tires, and a vehicle vacuum. Requires DPS to enter into a memorandum of agreement with the Department of Transportation for the creation, use, and maintenance of the items funded in the act. Effective July 1, 2024. 

Intro. by Logan, Carney, Clampitt, Majeed.APPROP, Mecklenburg
H 933 (2023-2024) FUND BULLETPROOF GLASS IN STATE LEO VEHICLES. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS FOR THE PURCHASE OF BULLETPROOF GLASS FOR ALL STATE HIGHWAY PATROL AND STATE CAPITOL POLICE VEHICLES.

Appropriates $1,794,000 in recurring funds and $10,166,000 in nonrecurring funds for 2024-25 from the General Fund to the Department of Public Safety (DPS), State Highway Patrol (SHP), to be used to purchase, install, and maintain bulletproof glass on all SHP vehicles.

Appropriates $89,700 in recurring funds and $681,720 in nonrecurring funds for 2024-25 from the General Fund to the Department of Public Safety (DPS), State Capitol Police, to be used to purchase, install, and maintain bulletproof glass on all State Capitol Police vehicles.

Effective July 1, 2024.

Intro. by Logan, Clampitt, Greene, A. Jones.APPROP
H 934 (2023-2024) MAKE STATE EMPLOYMENT GREAT AGAIN. Filed Apr 30 2024, AN ACT AWARDING TO STATE EMPLOYEES A FIVE PERCENT APPRECIATION PAY INCREASE IN THE 2024-2025 AND 2025-2026 FISCAL YEARS AND A ONE-TIME FIVE THOUSAND DOLLAR BONUS IN THE 2024-2025 FISCAL YEAR AND PROVIDING A TWO PERCENT COST-OF-LIVING ADJUSTMENT FOR RETIREES OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, AND THE LEGISLATIVE RETIREMENT SYSTEM.

Defines state employee to mean a full-time or part-time permanent employee employed in a State agency, department, or institution of the legislative, judicial, or executive branches of State government (including The University of North Carolina System and the North Carolina Community Colleges System) employed on June 30, 2024, through June 30, 2025. Directs that the term does not include employees of (1) local boards of education; (2) local community colleges; or (3) schools operated by the Departments of Health and Human Services, Public Safety, or Adult Correction, or by the State Board of Education who are paid based on the Teacher Salary Schedule.

Establishes a Reserve for Appreciation Increases in the General Fund (Appreciation Reserve) in recognition of the valuable contribution made by State employees.  Directs the Appreciation Reserve to fund the following in two phases over the next two fiscal years: (1) a one-time bonus in the amount of $5,000 to be awarded to each State employee in Phase I, in appreciation for their continued  commitment and efforts, effective July 4, 2024, and (2) a moderate and equitable 5% across-the-board pay raise for State employees, effective on July 4, 2024, for Phase I and on July 4, 2025, for Phase II. Specifies that appreciation increases are in addition to any salary adjustment otherwise allowed or provided by law.  Provides for salary and pay schedule adjustments by the Office of Statement Budget and Management or by the employing unit to reflect the salary changes enacted by the act. Specifies that eligible employees will receive an appreciation increase notwithstanding any maximum salary ranges. Provides that the increase will be prorated and equitable for part-time State employees. 

Effective July 1, 2024, appropriates to the Appreciation Reserve the sum of $766,878,331 in recurring funds and the sum of $443,069,680 in nonrecurring funds for the 2024-25 fiscal year, to be funded as follows: (1) Requires the State Controller to transfer to the Appreciation Reserve from the unappropriated balance remaining in the General Fund for the 2024-25 fiscal year the sum of $221,000,503 and (2) requires the State Controller to transfer to the Appreciation Reserve, for the 2024-2025 fiscal year, the sum of: (1) $125 million from the Savings Reserve and (2) $863,947,508 from the State Capital and Infrastructure Fund. Directs that funds in the Appreciation Reserve are not subject to GS 143C-1-2(b) (pertaining to appropriations reversions) and will remain available for Phase II payments in the 2025-26 fiscal year. Provides for the Appreciation Reserve to be eliminated when the funds are fully expended.

Effective July 4, 2024, amends GS 135-5 (concerning the Teachers' and State Employees' Retirement System [TSERS]), GS 135-65 (concerning the Consolidated Judicial Retirement System [JRS]), and GS 120-4.22A (concerning the Legislative Retirement System [LRS]) to provide a 2% increase in the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 2023, or a prorated amount for those whose retirement commenced after July 1, 2023 (TSERS and JRS] or January 1, 2024 (LRS), but before June 30, 2024, as determined by the respective Board of Trustees. Appropriates $100 million from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments for the 2024-25 fiscal year to implement the increases.

Effective July 1, 2024, except as otherwise provided.  

Intro. by Roberson, Logan, Price.APPROP, GS 120, GS 135
H 935 (2023-2024) REORGANIZE &AMP FUND RARE DISEASE ADV. COUNCIL. Filed Apr 30 2024, AN ACT REVISING THE COMPOSITION AND DUTIES OF THE ADVISORY COUNCIL ON RARE DISEASES; TRANSFERRING THE COUNCIL TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; AND APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO COVER THE ADMINISTRATIVE COSTS OF THE COUNCIL.

Amends Taylor’s Law, Establishing the Advisory Council on Rare Diseases, as follows. Amends GS 130A-33.65 by changing the location of the Advisory Council from within the UNC-Chapel Hill School of Medicine to the Department of Health and Human Services (DHHS). Changes the number of the Advisory Council to 19 members and removes the appointing authority of the Dean of the School of Medicine at UNC-Chapel Hill. Instead, allows the DHHS Secretary to appoint 15 members in line with the qualifications listed in the statute.

Amends the appointed membership as follows:

  • increases number of physicians from one to two;
  • removes rare disease survivor, rare disease foundation, parent of childhood rare disease survivor, and medical researcher appointees;
  • removes appointees who are chairs of the NCGA Joint Legislative Oversight Committee on Health and Human Services, or their designees;
  • decreases the number of researchers from State academic research institutions to one receiving any grant funding for rare disease research (currently one representative per State institution receiving any such grant funding);
  • adds the following appointees:
    • one hospital administrator, or the hospital administrator's designee, representing a hospital in the State that provides care to persons diagnosed with a rare disease;
    • two persons age 18 or older who have been diagnosed with a rare disease; two persons age 18 or older who are, or were previously, caregivers to a person diagnosed with a rare disease;  
    • one representative of a rare disease patient organization that operates in the State;
    • one pharmacist licensed and practicing in this State with knowledge and experience regarding drugs used to treat rare diseases;
    • one representative of the life sciences, biotechnology, or biopharmaceutical industry that either focuses on research efforts related to the development of therapeutic products for persons diagnosed with a rare disease or has demonstrable understanding of the path to commercialization of such products;
    • two representatives of a health benefit plan or health insurer, at least one of whom is a representative of a North Carolina Medicaid Managed Care health plan;
    • one genetic counselor with experience providing services to persons diagnosed with a rare disease or caregivers of persons diagnosed with a rare disease;
    • one member appointed by the President Pro Tempore of the Senate;
    • one member appointed by the Speaker of the House of Representatives; and
    • one member appointed by the Governor. 

Provides for terms for each of the initial appointed representatives and term limits of three consecutive terms, except that the initial physician member and initial member representing a rare disease patient organization can serve up to four terms. Thereafter, directs that members appointed by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor will serve for a term of two years and members appointed by the Secretary will serve for a term of two, three, or four years as determined by the chair of the advisory council. Provides for filling vacancies, member removal, and selection of a chair by a majority vote. Requires that the Advisory Council meet at least quarterly (currently, just need to meet). Makes technical and conforming changes.

Amends GS 130A-33.66, pertaining to the Advisory Council’s powers and duties as follows. Specifies that the Advisory Council should advise the Governor, the DHHS Secretary, and General Assembly on all of the following, in addition to powers already listed in the statute: coordination of statewide efforts to increase public awareness and understanding of rare diseases, identification of policy issues related to rare diseases and the advancement of policy initiatives related to rare diseases at the State and federal levels, and the appropriation of State funds to facilitate increased public awareness of and improved treatment for rare diseases. Requires the Advisory Council to, in consultation with certain medical schools, other educational institutions with specified programs, and hospitals in the State that provide services to persons with rare diseases, develop resources or recommendations regarding quality of and access to treatment and services available within North Carolina for persons diagnosed with a rare disease. Now requires the Advisory Council to advise and consult with DHHS and other specified boards and panels in developing recommendations, resources, and programs relating to the diagnosis and treatment of rare diseases. Now requires the Advisory Council to identify additional relevant areas for the advisory council to study and evaluate. Makes technical changes.  

Effective July 1, 2024, appropriates from the General Fund to DHHS the sum of $250,000 in recurring funds for the 2024-25 fiscal year to be allocated to cover the administrative costs of the Advisory Council on Rare Diseases.

Intro. by Carney, Lambeth.APPROP, GS 130A
H 936 (2023-2024) FUNDS/LEWISVILLE'S SHALLOWFORD SQUARE AREA. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS FOR THE REDEVELOPMENT AND PRESERVATION OF THE SHALLOWFORD SQUARE AREA IN THE TOWN OF LEWISVILLE.

Appropriates $4,918,000 in nonrecurring funds for 2024-25 from the General Fund to the Office of State Budget and Management to provide a directed grant to the Town of Lewisville, as title indicates. Effective July 1, 2024.

Intro. by Zenger.APPROP, Forsyth
H 937 (2023-2024) FUNDS FOR TOBACCOVILLE PARK. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS FOR THE COMPLETION OF TOBACCOVILLE'S PARK PROJECT.

Appropriates $300,000 in nonrecurring funds for 2024-25 from the General Fund to the Office of State Budget and Management, to be used as a directed grant to the Town of Tobaccoville, as title indicates. Effective July 1, 2024.

 

Intro. by Zenger.APPROP, Forsyth, Stokes
H 938 (2023-2024) GSC MORAL TURPITUDE/OCCUPATIONAL LICENSURE. Filed Apr 30 2024, AN ACT TO CLARIFY THE PROHIBITION ON DENYING LICENSURE BASED ON A DETERMINATION THAT A CONVICTION IS FOR A CRIME OF MORAL TURPITUDE, TO MAKE CORRESPONDING CHANGES TO OCCUPATIONAL AND STATE AGENCY LICENSURE STATUTES, AND TO MAKE OTHER TECHNICAL CORRECTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

GS 93B-8.1 governs the use of criminal history records by state agency and occupational licensing boards. A board may not deny an applicant based on a determination that the person has been convicted of a crime of “moral turpitude,” nor may a board automatically deny an applicant based on their criminal record, unless required to do so under federal law. A board can only deny licensure based on a criminal conviction “only if the board finds that the criminal conviction history is directly related to the duties and responsibilities for the licensed occupation or the conviction is for a crime that is violent or sexual in nature.” 

Amends GS 93B-8.1 by adding newly defined term, deny licensure or denies licensure, meaning to refuse to issue a license to an applicant, to refuse to renew the license of a licensee, or to revoke the license of a licensee. Also amends the definition of criminal history record to no longer require that the crime bear upon an applicant's or licensee's fitness to be licensed or disciplined.

Amends the following occupational licensing statutes to remove language that refers to denial of licensure based on a crime of moral turpitude and makes conforming changes to account for requirements of GS 93B-8.1B in rejecting an applicant for criminal history, if the statute covers rejection: GS 53-244.050 (registration application requirements for persons wanting to engage in the mortgage business or act as a mortgage loan originator); GS 53-244.060 (grounds for rejection of license or registration for persons wanting to engage in the mortgage business or act as a mortgage loan originator); GS 58-33-46 (insurance producers: suspension, probation, revocation, or nonrenewal of licenses); GS 58-58-215 (viatical settlement providers or brokers: license revocation or denial); GS 58-71-80 (bail bondsmen and runners: grounds for denial, suspension, probation, revocation, or nonrenewal of licenses); GS 143-151.56 (home inspector/inspections licenses: suspension, revocation, and refusal to renew license); GS 66-234 membership camping operators: registration requirements); GS 66-237 (salespersons of membership operating contracts: registration requirements); GS 74D-2 (Alarm Systems Licensing Act: license requirements); GS 74D-10 (Alarm Systems Licensing Board: appeals of suspension or revocation of licenses or registrations); GS 85B-3.2(auctioneer, apprentice auctioneer, or auction firm: criminal history record checks of licensure applicants); GS 85B-4 (license for auctioneer, apprentice auctioneer, or auction firm); GS 85B-8 (auctioneer, apprentice auctioneer, or auction firm: grounds for civil penalty, denial, suspension, or revocation of license); GS 89C-21 (disciplinary action by the Board of Examiners for Engineers and Surveyors); GS 90-14 (disciplinary authority of the Medical Board); GS 90-41 (dentists: disciplinary action); GS 90-229 (dental hygienists: disciplinary measures); GS 90A-64 (Board of Environmental Health Examiners: suspensions and revocations of certificates); GS 90-113.44 (substance use disorder specialists: grounds for disciplinary action); GS 90-121.2 (Board of Examiners in Optometry: rules, discipline, suspension, revocation and regrant of certificate); GS 90-154 (Board of Chiropractic Examiners: grounds for professional discipline); GS 90-187.8 (Veterinary Medical Board: discipline of licensees);GS 90-202.8 (Board of Podiatry Examiners: revocation or suspension of certificate); GS 90-210.25 (Board of Funeral Service: licensing and permitting); GS 90-210.69 (Board of Funeral Service: enforcement of Article 13d of GS Chapter 90); GS 90-210.123 (Board of Funeral Service: licensing and inspection); GS 90-249.1 (Board of Opticians: disciplinary actions); GS 90-270.60 (Marriage and Family Therapy Licensure Board: discipline, including denial, revocation or suspension of license); GS 270.76 (Board of Occupational Therapy: suspension, revocation, and refusal to renew license); GS 90-270.103 (Board of Physical Therapy Examiners: grounds for disciplinary action); GS 90-270.148 (Psychology Board: disciplinary and remedial actions); GS90-340 (Board of Licensed Mental Health Counselors: protection of the public); GS90-363 (Board of Dietetics/Nutrition: suspension, revocation, and refusal to renew license); GS 90-390 (Board of Examiners of Fee-Based Pastoral Counselors: refusal, suspension, or revocation of certificate); GS 90-633 (Board of Massage and Body Work Therapy: disciplinary action); GS 90-659 (Respiratory Care Board: suspension, revocation, and refusal to renew a license); GS-742 (Behavior Analysis Board: denial, suspension, relinquishment, or revocation of licenses and other disciplinary and remedial actions); GS 90B-11 (Social Work Certification and Licensure Board: disciplinary procedure); GS 93A-6 (Real Estate Commission: disciplinary action); GS 93A-38 (Real Estate Commission: suspension, revocation, or denial of certification); GS 93A-54 (Real Estate Commission: disciplinary action under the NC Timeshare Act); GS 93D-13 (Hearing Aid Dealers and Fitters Board: discipline, suspension, revocation licenses and registrations); GS 93E-1-12 (Real Estate Appraisal Board: disciplinary action); GS 106-65.26 (Pest Control Applicators, Structural Pest Control Committee, Department of Agriculture: qualifications for certified applicator and licensee); and GS 106-610 (Grain dealers, Department of Agriculture: grounds for refusal, suspension, or revocation of license).

Amends GS 20-294 by expanding the grounds for suspending motor vehicle dealer and manufacturer licenses to include convictions under GS 14-160.4 and GS 20-79.2 while removing GS 20-107; removes felonies involving moral turpitude. Makes conforming changes to GS 20-79.2.

Removes requirement that applicant for Athlete Agents share whether they have been convicted of a crime of moral turpitude and instead requires the applicant to share whether they have been convicted of any misdemeanor involving theft, fraud, or dishonesty or any felony in submitting an application under GS 78C-89. Makes conforming changes under GS 78C-90 (issuance, denial or renewal of applications for Athlete Agents by Secretary of State).

Removes reference to crime of moral turpitude as grounds for denial of licensure and clarifies that GS 74D-6 (pertaining to the denial of a license or registration by the Alarms System Licensing Board) is subject to the requirements of GS 98B-8.1 and the other hearings requirement of the APA.

Amends GS 83A-15 to remove reference to the Board of Architecture and Interior Designers’ power to deny a license or certificate of registration of an architect or a registration of an interior designer as well as references to crimes of moral turpitude as grounds constituting unprofessional conduct warranting in imposition of action against license, reprimand or civil penalty.

Removes reference to conviction of crime of moral turpitude in GS 87-47 as grounds for disciplinary action for persons subject to the requirements of the State Board of Examiners of Electrical Contractors and Surveyors and replaces that ground with conviction of a crime that is violent or sexual in nature. 

Amends GS 90-30 (pertaining to examination and licensing of applicants before the Board of Dental examiners) to (1) allow for clinical examinations either on live persons or an approved alternative method, including manikins that simulate human subjects (currently, just live persons) and (2) removes power of the dental board to refuse to grant a license to any person found guilty of a crime of moral turpitude, or gross immortality, or to any person addicted to the use of alcoholic liquors or narcotic drugs to such an extent, as, in the Board’s opinion, would render them unfit to practice dentistry.  

Amends GS 90-102.1 as follows. Removes reference to crime of moral turpitude as relevant to registration as a dog handler with limited use of controlled substances with the Department of Health and Human Services (DHHS) and clarifies that DHHS or the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services can deny, suspend, or revoke a registration issued under GS 90-102.1 so long as it complies with the requirements of GS 98B-8.1, the other hearings requirement of the APA, and the other statutory requirements.

Makes technical, organizational, conforming, and clarifying changes. Makes language gender neutral and removes outdated language. Effective October 1, 2024.  

H 939 (2023-2024) ACCESS TO TRANSCRANIAL MAGNETIC STIMULATION. Filed Apr 30 2024, AN ACT TO PROVIDE FAIR REIMBURSEMENT OF TRANSCRANIAL MAGNETIC STIMULATION SERVICES UNDER HEALTH BENEFIT PLANS OFFERED IN THIS STATE.

Enacts new GS 58-3-254 requiring insurers offering a health benefit plan in North Carolina that provides coverage for transcranial magnetic stimulation (as defined) to provide coverage for those procedures performed by any properly licensed healthcare provider or healthcare facility and prohibits penalizing any licensed provider or facility that properly submits a claim for services related to transcranial magnetic stimulation based on the medical specialty of the provider or facility submitting the claim. Includes a list of penalties prohibited under this statute. Amends GS 135-48.51 by making new GS 58-3-254 applicable to the State Health Plan. Applies to insurance contracts issued, renewed, or amended on or after October 1, 2024.

Appropriates $1 million in recurring funds for 2024-25 from the General Fund to the Department of State Treasurer to ensure compliance with this act by the State Health Plan. Effective July 1, 2024.

 

Intro. by Sasser, Potts, Crutchfield.APPROP, GS 58, GS 135
H 940 (2023-2024) SCHOOL-BASED MENTAL HEALTH SERVICE STUDY. Filed Apr 30 2024, AN ACT TO DIRECT THE DEPARTMENT OF PUBLIC INSTRUCTION TO STUDY THE IMPACT OF SCHOOL-BASED MENTAL HEALTH SERVICES ON STUDENT OUTCOMES.

Requires the Department of Public Instruction to study of the impact of school-based mental health services on student outcomes. Requires a report to the specified NCGA committee by January 1, 2025, that includes as least: (1) the public school units studied; (2) the job title and qualifications, including education and experience, of the mental health service providers in the public school units studied; (3) any impact on daily attendance or participation during instructional hours observed once the school-based services were offered versus that observed before offering services; and (4) any other relevant information.

Appropriates $75,000 for 2024-25 from the General Fund to the Department of Public Instruction to conduct the study and issue the report.

Effective July 1, 2024.

Intro. by Prather.APPROP, STUDY
H 941 (2023-2024) BUNCOMBE SCHOOLS CONSOLIDATION STUDY/FUNDS. Filed Apr 30 2024, AN ACT TO REIMBURSE BUNCOMBE COUNTY FOR THE SCHOOL DISTRICT CONSOLIDATION STUDY REQUIRED BY LAW.

Appropriates $300,000 in nonrecurring funds for 2024-25 from the General Fund to the Department of Public Instruction to be allocated to Buncombe County as title indicates. Effective July 1, 2024.

Intro. by Prather.APPROP, Buncombe
H 942 (2023-2024) SHALOM ACT. Filed Apr 30 2024, AN ACT STANDING UP TO HATE AND LEADING WITH OUR MORAL PRINCIPLES.

Enacts new GS 12-13.2 adopting the Working Definition of Antisemitism adopted by the International Holocaust Remembrance Alliance on May 26, 2016, as a tool and guide for training, education, recognizing, and combating antisemitic hate crimes or discrimination and for tracking and reporting antisemitic incidents in North Carolina. Specifies that this is not to be construed to diminish or infringe upon any rights protected under the First Amendment of the US Constitution or the NC Constitution. 

Appropriates $10,000 for 2024-25 from the General Fund to the Department of Administration to fund implementation of and education about this act. Effective July 1, 2024.

Intro. by Moore, Ross, Cotham, Paré.GS 12
H 943 (2023-2024) REGIONAL COMMUNITY HEALTH CENTER FUNDS. Filed Apr 30 2024, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC HEALTH, TO FUND EXPANSION OF COMMUNITY HEALTH CENTER SERVICES IN MECKLENBURG COUNTY.

Appropriates $750,000 for 2024-25 from the General Fund to the Department of Health and Human Services, Division of Public Health, as a directed grant to Cabarrus Rowan Community Health Centers to fund expansion at Sugar Creek Health Center as title indicates. Effective July 1, 2024.

Intro. by Belk, K. Baker, Carney, Majeed.APPROP, Mecklenburg
H 944 (2023-2024) SAFETY FUNDS FOR HIGHWAY 49 & EASTWAY DRIVE. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS TO UPDATE THE UTILITIES AND STREET INFRASTRUCTURE AT THE CORNER OF HIGHWAY 49 (NORTH TRYON STREET) AND EASTWAY DRIVE.

Of funds appropriated for 2024-25 from the Highway Fund to the Department of Transportation, $2.5 million is to be used as title indicates. Effective July 1, 2024.

Intro. by Belk, Carney, Logan, Majeed.APPROP
H 945 (2023-2024) FUNDS FOR VOICES TOGETHER. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS FOR VOICES TOGETHER.

Appropriates $2,084,000 in recurring funds for 2024-25 from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education to be used for Voices Together, a music therapy model. Effective July 1, 2024.

Intro. by Crawford, White, Hawkins.APPROP
H 946 (2023-2024) VOICES TOGETHER/ELEMENTARY EDUCATION. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS FOR ELEMENTARY SCHOOL EDUCATIONAL PROGRAMMING PROVIDED BY THE NONPROFIT CORPORATION VOICES TOGETHER.

Appropriates $2,084,000 in recurring funds for 2024-25 from the General Fund to the Department of Public Instruction to be used for Voices Together, as title indicates. Effective July 1, 2024.

Intro. by Crawford, White, Hawkins.APPROP
H 947 (2023-2024) VOICES TOGETHER/MIDDLE SCHOOL EDUCATION. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS FOR MIDDLE SCHOOL EDUCATIONAL PROGRAMMING PROVIDED BY THE NONPROFIT CORPORATION VOICES TOGETHER.

Appropriates $2,084,000 for 2024-25 from the General Fund to the Department of Public Instruction to Voices Together to provide programming for Pre-Employment Transition Services In North Carolina school systems. Effective July 1, 2024.

Intro. by Crawford, White, Hawkins.APPROP

The Daily Bulletin: 2024-04-30

PUBLIC/SENATE BILLS
S 779 (2023-2024) MISD. DOMESTIC VIOLENCE/PROHIBIT FIREARMS. Filed Apr 30 2024, AN ACT TO PROHIBIT A PERSON CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE OFFENSE FROM PURCHASING OR POSSESSING A FIREARM AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY TO USE TO MAKE THE PUBLIC AWARE OF THIS PROHIBITION.

Enacts new GS 14-269.9 making it a Class A1 misdemeanor for a person to possess, purchase, or receive or attempt to possess, purchase, or receive a firearm (as defined in the firearms definitions set forth in GS 14-409.39), machine gun, ammunition, or permits to purchase or carry concealed firearms if the person has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for an offense (1) under GS 14-32.5 (misdemeanor crime of domestic violence) or (2) in another state that, if committed in this state, is substantially similar to an offense under GS 14-32.5  Effective on the thirtieth day after the date of issuance of a U.S. Supreme Court decision in U.S. v. Rahimi, providing that domestic violence firearms restrictions are constitutional.  Specifies that prosecutions for offenses committed before the effective date of the act are not abated or affected, and the statutes that would be applicable but for the act remain applicable to those prosecutions. 

Effective July 1, 2024, appropriates $100,000 from the General Fund to the Department of Public Safety in nonrecurring funds for the 2024-25 fiscal year to be used to disseminate information to the public about the prohibition set forth above on the purchase or possession of firearms by persons convicted of a misdemeanor crime of domestic violence. The funds appropriated in this section do not revert and cannot be used until the prohibitions set forth above become effective.

Intro. by Chaudhuri.APPROP, GS 14
S 780 (2023-2024) FAYETTEVILLE PWC/WATER AND WASTEWATER FUNDS. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS TO THE FAYETTEVILLE PUBLIC WORKS COMMISSION FOR WATER AND WASTEWATER PROJECTS.

Appropriates $57,531,300 in nonrecurring funds for 2024-25 from the General Fund to the Fayetteville Public Works Commission to be allocated in the specified amounts for installation of granular activated carbon filtration systems required at two drinking water treatment facilities for removal of PFAS, and for enhancements to the Big Rockfish Creek wastewater outfall. Effective July 1, 2024.

Intro. by Applewhite.APPROP, Cumberland
S 781 (2023-2024) FUNDS FOR FAYETTEVILLE PUBLIC SAFETY NEEDS. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS FOR THE CITY OF FAYETTEVILLE'S PUBLIC SAFETY NEEDS.

Appropriates $240,345 in nonrecurring funds for 2024-25 from the General Fund to the Office of State Budget and Management to be used as a directed grant to the City of Fayetteville for a modular vehicle barrier system for the Fayetteville Fire Department and for public safety personnel counseling and support services. Effective July 1, 2024.

Intro. by Applewhite.APPROP, Cumberland
S 782 (2023-2024) FUNDS FOR C.W. WILLIAMS COMMUNITY HEALTH CTR. Filed Apr 30 2024, AN ACT TO PROVIDE FUNDING FOR THE COMPLETION OF THE C.W. WILLIAMS COMMUNITY HEALTH CENTER IN MECKLENBURG COUNTY.

Appropriates $5.5 million in nonrecurring funds for 2024-25 from the General Fund to the Office of State Budget and Management to be used as a directed grant to The C.W. Williams Community Health Center, Inc., as title indicates. Effective July 1, 2024.

Intro. by Salvador.APPROP, Mecklenburg
S 783 (2023-2024) FUNDS FOR TOWN OF HOPE MILLS. Filed Apr 30 2024, AN ACT TO APPROPRIATE FUNDS TO THE TOWN OF HOPE MILLS FOR CRITICAL INFRASTRUCTURE.

Appropriates $14,648,730 for 2024-25 from the General Fund to the Office of State Budget and Management for a directed grant to the Town of Hope Mills to purchase a Crack Seal trailer and refurbish an asphalt reclaiming trailer. Specifies the ways in which the funds may be used. Effective July 1, 2024.

Intro. by Applewhite.APPROP, Cumberland

The Daily Bulletin: 2024-04-30

LOCAL/HOUSE BILLS
H 931 (2023-2024) TOWN OF NEWPORT/DEANNEXATION. Filed Apr 30 2024, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF NEWPORT.

Removes the specified property from Newport's corporate limits. Specifies that the act has no effect upon the validity of any liens of the Town of Newport for ad valorem taxes or special assessments outstanding before the act's effective date; allows the liens to be collected or foreclosed upon after the act's effective as though the property were still within the Town's corporate limits.

Effective June 30, 2024. Provides that property in the described territory as of January 1, 2024, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2024.

Intro. by Cairns.Carteret

The Daily Bulletin: 2024-04-30

LOCAL/SENATE BILLS
S 769 (2023-2024) COMM. COLL. TRUSTEE TERMS/REGION 1. Filed Apr 24 2024, AN ACT TO REALIGN THE TERMS OF OFFICE FOR CERTAIN MEMBERS OF THE BOARDS OF TRUSTEES OF CERTAIN COMMUNITY COLLEGES.

Senate committee substitute to the 1st edition makes the following changes. 

Notwithstanding the amendments to GS 115D-13 (pertaining to terms of office of the trustees of the boards of trustees for the State’s community colleges) by Section 6.10(o) of SL 2023-134, revises the terms of office for the Halifax Community College so that of the term elected by the Halifax County Board of Education that expires September 24, 2024, the NCGA must, upon recommendation of the Speaker of the House, appoint one trustee to a term beginning September 25, 2024, and expiring on June 30, 2028 (was, for the two terms elected by the Halifax County Board of Education that expire June 30, 2025, requires the General Assembly, upon the recommendation of the Speaker of the House of Representatives, to appoint one trustee to a term of three years, beginning July 1, 2025, so that the term expires June 30, 2028). 

Intro. by Hanig, Sanderson.Bertie, Camden, Chowan, Currituck, Dare, Gates, Halifax, Northampton, Perquimans
S 784 (2023-2024) CURRITUCK COUNTY/EMINENT DOMAIN. Filed Apr 30 2024, AN ACT TO ALLOW CURRITUCK COUNTY TO EXERCISE THE POWER OF EMINENT DOMAIN FOR PURPOSES OF ENGAGING IN BEACH EROSION CONTROL AND FLOOD AND HURRICANE PROTECTION WORKS.

Amends GS 40A-3(b1) by adding Currituck County to those that may exercise eminent domain for the following purposes: (1) opening, widening, extending, or improving roads, streets, alleys, and sidewalks; (2) establishing, extending, enlarging, or improving any of the public enterprises listed in GS 153A‑274; (3) establishing, enlarging, or improving parks, playgrounds, and other recreational facilities; (4) establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems; (5) establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities; (6) constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission, or agency; (7) establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks, and natural water channels or improving drainage facilities; (8) acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the specified purposes; (9) opening, widening, extending, or improving public wharves; (10) engaging in or participating with other governmental entities in acquiring, constructing, reconstructing, extending, or otherwise building or improving beach erosion control or flood and hurricane protection works, including, but not limited to, the acquisition of any property that may be required as a source for beach renourishment; and (11) establishing access for the public to public trust beaches and appurtenant parking areas. Amends GS 40A-42 by making conforming changes.

Intro. by Hanig.Currituck, GS 40A
ACTIONS ON BILLS

Actions on Bills: 2024-04-30

PUBLIC BILLS

H 10: REQUIRE SHERIFFS TO COOPERATE WITH ICE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 917: GSC TECHNICAL CORRECTIONS 2024.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

H 922: MARINE LIFE PROTECTION ACT.

    House: Filed

H 923: RIGHTS OF NATURE/DAN RIVER.

    House: Filed

H 924: ENABLE CERTAIN CHARTER SCHOOLS TO ELECT SHP.

    House: Filed

H 925: CREATE DEPT. OF HOUSING AND COMM. DEVELOPMENT.

    House: Filed

H 926: HARRISBURG PASSENGER RAIL STATION FUNDS.

    House: Filed

H 927: BODY CAMERAS/CLOUD STORAGE FOR STATE TROOPERS.

    House: Filed

H 928: NC STATE HIGHWAY PATROL RETENTION ACT.

    House: Filed

H 929: HIGHWAY SAFETY OMNIBUS/ADDIT'L MAGISTRATES.

    House: Filed

H 930: COLA/STATE & LOCAL RETIREES/FUNDS.

    House: Filed

H 932: FUNDS FOR HIGHWAY PATROL FUEL STATION UPGRADE.

    House: Filed

H 933: FUND BULLETPROOF GLASS IN STATE LEO VEHICLES.

    House: Filed

H 934: MAKE STATE EMPLOYMENT GREAT AGAIN.

    House: Filed

H 935: REORGANIZE &AMP FUND RARE DISEASE ADV. COUNCIL.

    House: Filed

H 936: FUNDS/LEWISVILLE'S SHALLOWFORD SQUARE AREA.

    House: Filed

H 937: FUNDS FOR TOBACCOVILLE PARK.

    House: Filed

H 938: GSC MORAL TURPITUDE/OCCUPATIONAL LICENSURE.

    House: Filed

H 939: ACCESS TO TRANSCRANIAL MAGNETIC STIMULATION.

    House: Filed

H 940: SCHOOL-BASED MENTAL HEALTH SERVICE STUDY.

    House: Filed

H 941: BUNCOMBE SCHOOLS CONSOLIDATION STUDY/FUNDS.

    House: Filed

H 942: SHALOM ACT.

    House: Filed

H 943: REGIONAL COMMUNITY HEALTH CENTER FUNDS.

    House: Filed

H 944: SAFETY FUNDS FOR HIGHWAY 49 & EASTWAY DRIVE.

    House: Filed

H 945: FUNDS FOR VOICES TOGETHER.

    House: Filed

H 946: VOICES TOGETHER/ELEMENTARY EDUCATION.

    House: Filed

H 947: VOICES TOGETHER/MIDDLE SCHOOL EDUCATION.

    House: Filed

S 508: 2023 BUDGET TECH/OTHER CORRECTIONS. (NEW)

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 05/01/2024

S 777: FUNDS FOR AMM/URBAN MINISTRIES CLINICS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 778: FUNDS FOR NC READING SERVICE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 779: MISD. DOMESTIC VIOLENCE/PROHIBIT FIREARMS.

    Senate: Filed

S 780: FAYETTEVILLE PWC/WATER AND WASTEWATER FUNDS.

    Senate: Filed

S 781: FUNDS FOR FAYETTEVILLE PUBLIC SAFETY NEEDS.

    Senate: Filed

S 782: FUNDS FOR C.W. WILLIAMS COMMUNITY HEALTH CTR.

    Senate: Filed

S 783: FUNDS FOR TOWN OF HOPE MILLS.

    Senate: Filed

Actions on Bills: 2024-04-30

LOCAL BILLS

H 918: MOUNT GILEAD ANNEX/KANNAPOLIS DEANNEX. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 931: TOWN OF NEWPORT/DEANNEXATION.

    House: Filed

S 764: COMM. COLL. TRUSTEE TERMS/REGION 4.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 769: COMM. COLL. TRUSTEE TERMS/REGION 1.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 772: COMM. COLL. TRUSTEE TERMS/REGION 3.

    Senate: Passed 1st Reading
    Senate: Ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 773: HIGH POINT/CONVEYANCE OF REAL PROPERTY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 774: PROHIBIT CRYPTO-MINING AS AUTHORIZED USE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 775: 7TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 776: COMM. COLL. TRUSTEE TERMS/REGION 2.

    Senate: Passed 1st Reading
    Senate: Ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 784: CURRITUCK COUNTY/EMINENT DOMAIN.

    Senate: Filed

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