Adds new Article 4, Prohibit Adversarial Foreign Government Acquisition of Certain Lands, providing as follows. Titles the act as the North Carolina Farmland and Military Protection Act. Sets out the act's purpose. Prohibits an adversarial foreign government from purchasing, acquiring, leasing, or holding an interest in (1) agricultural land or (2) land situated within a 75-mile radius of a military installation. Voids any land transfer in violation of this statute. Defines adversarial foreign government to mean a state-controlled enterprise (a business enterprise, however denominated, in which a foreign government has a controlling interest) or the government of a country or group subject to International Traffic in Arms Regulations in 22 C.F.R. § 126. Defines military installation as Fort Bragg; Pope Army Airfield; Marine Corps Base Camp Lejeune; New River Marine Corps Air Station; Cherry Point Marine Corps Air Station; Military Ocean Terminal at Sunny Point; the United States Coast Guard Air Station at Elizabeth City; Naval Support Activity Northwest; Blakeslee Air Force Recreation Area; Air Route Surveillance Radar (ARSR-4) at Fort Fisher; and Seymour Johnson Air Force Base, in its own right and as the responsible entity for the Dare County Bombing Range; North Carolina National Guard facilities; and any facility located within the State subject to the installations' oversight and control. Also defines the terms agricultural land, controlling interest, and interest.
Includes a severability clause.
Effective December 1, 2025.
The Daily Bulletin: 2025-02-17
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The Daily Bulletin: 2025-02-17
| Intro. by Balkcom, N. Jackson, Zenger, Bell. | GS 64 |
Enacts new GS 106-549.28A requiring that the label of any manufactured-protein food product (a cell-cultured food product, insect-protein food product, or plant-protein food product) containing an identifying meat term to also contain an appropriate qualifying term; sets out requirements for the font and size of the term on the label. Failure for products to do so will be deemed misbranded under Article 29B (Meat Inspection Requirements; Adulteration and Misbranding); makes a conforming change to the definition of misbranded in GS 106-549.15. Further adds to and amends definitions in GS 106-549.15, as they apply to Article 29B, as follows. Defines identifying meat term as any word or phrase that states, indicates, suggests, or describes a meat product, regardless of whether the word or phrase is used individually, as a portmanteau, or as a compound word; sets out examples of what is included in the term. Defines cell-cultured food product as a food product having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing cells, in which one or more stem cells are initially isolated from an agricultural food animal, are grown in vitro, and may be manipulated, as part of a manufacturing operation. Defines insect-protein food product as a food product having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing insect parts. Defines manufactured-protein food product as a cell-cultured food product, insect-protein food product, or plant-protein food product. Also defines agricultural food animal, close proximity, plant-protein food product, and qualifying term. Amends the definition of the term meat food product so that it includes products capable of use as human food made wholly or in part from any cell-cultured food product made from cells of cattle, sheep, swine, goats, bison, fallow deer, or red deer.
Enacts new GS 106-549.55 requiring the label of any manufactured-protein food product containing an identifying poultry term to also contain an appropriate qualifying term; sets out requirements for the font and size of the term on the label. Amends the definitions in GS 106-549.51, as they apply to Article 49D, Poultry Products Inspection Act, as follows. Defines cell-cultured food product as a food product having one or more sensory attributes that resemble a type of tissue originating from poultry but that, in lieu of being derived from meat processing, is derived from manufacturing cells, in which one or more stem cells are initially isolated from poultry, are grown in vitro, and may be manipulated, as part of a manufacturing operation. Defines close proximity, insect-protein food product, and manufactured-protein food product, as they are defined above. Also defines identifying poultry term, plant-protein food product and qualifying term. Amends the definition of misbranded so that it also applies to any poultry product that is a manufactured-protein food product that is not labeled in accordance with GS 106-549.55. Amends the definition of poultry product to include any cell-cultured food product made from cells of poultry.
Applies to products sold or offered for sale on or after October 1, 2025.
| Intro. by Dixon. | GS 106 |
Section 1
Enacts new GS 106-549.28A requiring that the label of any manufactured-protein food product (a cell-cultured food product, insect-protein food product, or plant-protein food product) containing an identifying meat term to also contain an appropriate qualifying term; sets out requirements for the font and size of the term on the label. Failure for products to do so will be deemed misbranded under Article 29B (Meat Inspection Requirements; Adulteration and Misbranding); makes a conforming change to the definition of misbranded in GS 106-549.15. Further adds to and amends definition in GS 106-549.15, as they apply to Article 29B, as follows. Defines identifying meat term as any word or phrase that states, indicates, suggests, or describes a meat product, regardless of whether the word or phrase is used individually, as a portmanteau, or as a compound word; sets out examples of what is included in the term. Defines cell-cultured food product as a food product having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing cells, in which one or more stem cells are initially isolated from an agricultural food animal, are grown in vitro, and may be manipulated, as part of a manufacturing operation. Defines insect-protein food product as a food product having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing insect parts. Defines manufactured-protein food product as a cell-cultured food product, insect-protein food product, or plant-protein food product. Also defines agricultural food animal, close proximity, plant-protein food product, and qualifying term. Amends the definition of the term meat food product so that it includes products capable of use as human food that is made wholly or in part from any cell-cultured food product made from cells of cattle, sheep, swine, goats, bison, fallow deer, or red deer.
Enacts new GS 106-549.55 requiring the label of any manufactured-protein food product containing an identifying poultry term to also contain an appropriate qualifying term; sets out requirements for the font and size of the term on the label. Amends the definitions in GS 106-549.51, as they apply to Article 49D, Poultry Products Inspection Act, as follows. Defines cell-cultured food product as a food product having one or more sensory attributes that resemble a type of tissue originating from poultry but that, in lieu of being derived from meat processing, is derived from manufacturing cells, in which one or more stem cells are initially isolated from poultry, are grown in vitro, and may be manipulated, as part of a manufacturing operation. Defines close proximity, insect-protein food product, and manufactured-protein food product, as they are defined above. Also defines identifying poultry term, plant-protein food product and qualifying term. Amend the definition of misbranded so that it also applies to any poultry product that is a manufactured-protein food product that is not labeled in accordance with GS 106-549.55. Amends the definition of poultry product to include any cell-cultured food product made from cells of poultry.
Applies to products sold or offered for sale on or after October 1, 2025.
Section 2
Amends GS 115C-12 to require the State Board of Education to prevent the purchase of a food product that is misbranded as a meat or poultry product as prohibited in Articles 48B and 49D of GS Chapter 106, as discussed above, or is a cell-cultured food product, as defined above. Requires the same ban for local boards of education (GS 115C-264.6), charter schools (GS 115C-218.75), regional schools (GS 115C-238.66), laboratory schools (GS 116-239.8), State Board of Community Colleges (GS 115D-20) and the UNC constituent institutions (GS 116-43.26). Effective October 1, 2025, and applies beginning with the 2026-27 school and academic years.
Section 3
Adds new Article 5K, Animal Agriculture and Analogues Environmental Investment Assessment, in GS Chapter 105, providing as follows. Defines analogue product as a food product derived by combining processed plant products, insects, or fungi with food additives to approximate the texture, flavor, appearance, or other aesthetic qualities or the chemical characteristics of any specific type of animal agriculture product; includes cell-cultured products. Defines animal agriculture product as a food product that is a dairy product, egg, egg product, meat, meat food product, poultry, or poultry product; excludes an analogue product. Sets out and defines other terms that are used in the Article.
Imposes an environmental investment assessment (EIA) of 5¢ on each item of an animal agriculture product or an analogue product sold at retail if it bears an identifying term on the product's label. Defines item as an item identified by a universal product code or other identifier representing the item and that is used to retrieve the sales price of the item. Intends for the EIA to be passed on to the purchaser of the item and borne by the purchaser instead of by the retailer; requires the retailer to collect the EIA when sold at retail. Requires retailers to record the protein group to which any animal agriculture product or analogue product belongs and report this information to the Department of Revenue (Department) when it remits the collected EIAs to the Department. Allows the retailer to keep 1% of the gross proceeds of the EIAs it collects for the retailer's administrative costs. Requires the EIA to be stated and charged separately on the invoices or other retailer documents given to the purchaser, except for vending machine sales or where a retailer displays a statement indicating the sales price includes the tax.
Sets out provisions for the collection and administration of the EIA. States that the EIA does not apply to: (1) sales the State cannot constitutionally tax; (2) products of a farm sold in their original state by the producer of the products if the producer is not primarily a retail merchant; (3) prepared food; (4) products containing ingredients from more than one protein group; (5) meat food products or poultry products with a nonmeat or nonpoultry component other than seasoning, brine solution, or vinegar, or analogue products to such meat food products or poultry products; and (6) except as otherwise provided in this statute, the exemptions and refunds allowed in Article 5 of GS Chapter 105 do not apply to sales of items subject to assessment under this Article.
Allows the Department to keep up to 2% of the net proceeds of the EIA for administrative costs. Remaining funds must be credited quarterly to the trade associations proportionate to the amount of funds collected from the sale of products in each protein group. Defines trade associations as: North Carolina Cattleman's Association, North Carolina Dairy Producers Association, North Carolina Deer and Elk Farmers Association, North Carolina Egg Association, North Carolina Pork Council, North Carolina Poultry Federation, and North Carolina Sheep Producers Association. Requires that 2% of the funds credited to each trade association be used for the costs of administering the grant program, with the remainder used only to implement environmental improvement projects on the farms of constituent members of the trade associations. Requires each trade association to develop (1) an application process for constituent members to apply for funds for environmental improvement projects and (2) a process for evaluating applications. Defines an environmental improvement project as a project intended to improve water quality, increase soil health, reduce flood risks, reduce chemical inputs, increase biodiversity, preserve farmland, or achieve similar ecological goals. Requires funds credited to the trade associations not awarded by a trade association for 18 months to be remitted to the Agricultural Development and Farmland Preservation Trust Fund.
Applies to products sold on or after October 1, 2025.
Section 3
Includes a severability clauses.
Effective October 1, 2025, unless otherwise indicated.
Amends the definitions provisions of the Public Safety Employees’ Death Benefits Act (GS 143-166.2) to have official duties include duties performed by an individual while they are en route to, engaged in, or returning from duty or training. (Currently, just returning from training.)
Effective July 1, 2025, appropriates $300,000 in recurring funds for both years of the 2025-27 fiscal biennium from the General Fund to the Department of State Treasurer for benefits under the Public Safety Employees' Death Benefits Act.
Amends GS 7B-521 to also allow infants to be surrendered to a newborn safety device in addition to being directly delivered to the listed categories of qualified individuals. Requires the qualified individuals to take temporary custody of an infant, without a court order, if the infant's parent leaves the infant, without expressing an intent to return for the infant, in a newborn safety device. Requires the device to have an adequate dual alarm system connected to the appropriate facility; requires the facility to test the alarm system monthly. Allows a newborn safety device to be installed at any of the following locations if the location is staffed continuously 24 hours per day by qualified individuals: (1) an emergency department attached to a hospital licensed under GS Chapter 131E that provides emergency care to patients; (2) an emergency facility that provides emergency services; or (3) a social services office or local department of social services. Effective October 1, 2025.
| Intro. by Balkcom, Pickett, Potts, Ward. | GS 7B |
Includes whereas clauses. Authorizes the Department of Natural and Cultural Resources (DNCR) to add the Gullah Geechee Greenway/Blueway Heritage Trail (Heritage Trail) in Brunswick County to the State Parks System as a State trail. Requires DNCR to support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. Specifies that on segments of the Heritage Trail that cross property controlled by agencies or owners other than DNCR's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners govern the use of the property. Excludes this authorization from the statutory requirement that additions be accompanied by adequate appropriations for land acquisition, development, and operations; however, the State may receive donations of appropriate land and may purchase other needed lands for the Heritage Trail with funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available funding sources.
| Intro. by Iler, Miller. | UNCODIFIED |
Titles the act as the "Joe John Remembrance Act." Amends GS 20-79.7 by specifying that there is no additional fee amount for the fire department or rescue squad member license plate. Applies to plates issued or renewed on or after July 1, 2025.
| Intro. by Clampitt, White, Wheatley, Reives. | GS 20 |
Enacts new GS 143C-3-3.1, providing as follows. Defines zero-based budget as a budget that reflects the amount of funding deemed necessary to achieve the most cost-effective performance of each State agency pursuant to an accompanying narrative delineating the tasks to be performed by the State agency together with the goals and objectives for each State agency for a period not to exceed four years. Requires the budget to have a zero-dollar amount as its basis and not reflect any prior appropriation amount. Requires the Governor, starting with the fiscal year beginning July 1, 2027, to begin implementation of a zero-based budget. Requires phasing in the zero-based budget over four fiscal years, beginning with the State agencies in the executive branch. Requires a State agency, when it submits its zero-based budget for a fiscal year, to develop its budget requests for appropriations on a zero base, as if the budget for the State agency was being initiated for the first time; also requires submitting a statement giving facts and explanations of reasons for each item requested.
Amends GS 143C-3-5 to require the Governor, beginning with fiscal year 2027-28, to present budget recommendations to the NCGA that include zero-based budgets for certain State agencies identified by the Governor under GS 143C-3-3.1. Requires beginning with fiscal year 2031-32, that the entire budget for that fiscal biennium be a zero-based budget.
| Intro. by Blust, Warren, Lambeth, Scott. | GS 143C |
Subject to approval by voters at the statewide election in November 2026, amends Section 4 of Article IX of the North Carolina Constitution by changing the membership of the State Board of Education as follows. Adds the Superintendent of Public Instruction. Removes the 11 members appointed by the Governor from eight education districts and who are subject to confirmation by the NCGA and instead includes a number of elected members equal to the membership of the US House of Representatives apportioned to North Carolina. The elected members are to be elected to overlapping four-year terms from districts established by the NCGA. Makes the Superintendent of Public Instruction the chair (was, secretary) of the State Board of Education. Also amends Section 22 of Article II to exclude bills revising the districts for the State Board of Education members and the apportionment of the members among those districts and containing no other matter from the bills that are subject to the Governor's veto. If approved, effective January 1, 2028, and applies to terms of office beginning January 1, 2029.
| Intro. by Blackwell, Torbett, Biggs, Willis. | CONST |
Appropriates $50 million from the General Fund to the UNC Board of Governors for 2025-26 fiscal year to be allocated to the University of North Carolina at Chapel Hill (UNC-CH) to develop a diabetes research institute.
Effective July 1, 2025.
| Intro. by Lowery, Rhyne, Campbell, Buansi. | APPROP |
Amends GS 20-7 to allow members of the US Armed Forces or a reserve component serving on active duty and stationed outside of North Carolina to renew their drivers licenses remotely, even if their most recent renewal was remote (current law, applicable to everyone, only allows remote renewal of a license if the most recent renewal was in-person and not remote). Applies to licenses renewed on or after October 1, 2025.
| Intro. by Campbell, Lowery. | GS 20 |
Identical to S 112, filed 2/17/25.
Allows an eligible district (district), before the 2026-27 school year, to submit a Financial and Hiring Flexibility Plan (FHFP) to the State Board of Education (State Board), to allow the local board of education (local board) to decide certain matters related to the operation of the schools under the local board's control within the District, including the use of State funds, as provided in this act. Sets out the purpose of operating a District under an FHFP. Defines eligible district as a local school administrative unit that meets both of the following: (1) the local school administrative unit has the authority to levy and lay special taxes for the payment of bonds issued by the governing body of the unit and (2) the local school administrative unit had an allotted average daily membership of at least 5,000 for the 2023-24 school year. Requires local boards who want to operate under an FHFP to submit an FHFP that meets at least the specified components to the State Board, including a resolution adopted by the local board to implement the FHFP, by January 15, 2026, to begin operation of the plan with the 2026-27 school year. The specified FHFP components include a description of how the flexibility allowed under the FHFP will aid in meeting the following goals by the 2030-31 school year: ensuring that 100% of all students have completed a career development plan by the beginning of 12th grade, increase teacher retention to 90% retention rate, and increase the growth rate of any subgroups of students below the average growth rate in the 2024-25 school year to above the average overall growth rate for the State. Requires the State Board to approve an FHFP that meets the act's requirements by March 15, 2026, to begin implementation by July 1, 2026.
Requires the State Board to review the operation and student performance of a District operating under an FHFP following the end of the 2030-31 school year, and at least every three years thereafter, to ensure that the District is meeting expected academic goals and complying with all financial and observance requirements. Sets out the grounds under which the State Board must terminate an FHFP. Sets out provisions that apply in the event of an early termination. Provides that if an FHFP is terminated, the State Board may grant the District a waiver to the licensure requirements annually, for up to three years, to facilitate the transition to employment of fully licensed teachers.
Allows, beginning July 1, 2026, for as long as a District is operating under an FHFP, up to 50% of the teachers in each school in the District to be employed as teachers despite not holding teacher licenses if they meet the requirements described below. Requires all teachers who are teaching core subject areas (mathematics, science, social studies, and language arts) to be college graduates. Requires teachers who are not licensed as a teacher by the State to complete preservice training in all of the following areas before beginning instruction: (1) the identification and education of children with disabilities, (2) positive management of student behavior, (3) effective communication for defusing and de-escalating disruptive or dangerous behavior, and (4) safe and appropriate use of seclusion and restraint.
Deems all schools in a District operating under an FHFP as having been continuously operating under a modified calendar since the 2003-04 school year for purposes of GS 115C-84.2(d) (opening and closing dates of public schools).Requires the Department of Public Instruction (DPI), beginning with the 2026-27 fiscal year, to calculate the amount of State funds to be allocated to a District operating under an FHFP on the same basis as other local school administrative units and distribute those funds to the unit. Requires the deposit of money in the State treasury to the credit of a District operating under an approved FHFP to be made as necessary for the operation of the District. Allows withholding money to be distributed to a District if any report required to be filed with State school authorities is more than 30 days overdue. Allows for the release of money in the State Public School Fund and State bonds to be released only on warrants drawn on the State Treasurer, signed by a local official as required by the State Board. Sets out provisions governing withholdings for retirement contributions.Requires a District operating under a FHFP to report to the Superintendent annually beginning July 15, 2027, on five specified topics. Also requires the Superintendent to report to the specified NCGA committee by November 15, 2027, and annually thereafter that a District operates an FHFP, on five specified topics.
| Intro. by Carver. | UNCODIFIED |
Enacts new GS 143-64.5A to exempt educational organizations from the provisions of Part 2, Article 3A of Chapter 143 (designating the Department of Administration as the state agency for federal surplus property) if they are obtaining decommissioned and surplus material and property from the federal government, as long as the material/property is intended to be used for educational purposes. Defines educational organization as an organization with education as its primary purpose and that is a nonprofit, not-for-profit, or 501(c)(3) tax exempt entity.
| Intro. by Johnson. | GS 143 |
The Daily Bulletin: 2025-02-17
Repeals Article 64, Continuing Care Retirement Communities, of GS Chapter 58. Instead, enacts new Article 64A, Continuing Care Retirement Communities, which provides as follows.
Part 1.
States the NCGA’s intent to promote the dignity and protect the health, safety, and welfare of older NC citizens by (1) encouraging the development of continuing care retirement communities and (2) requiring providers offering or providing continuing care in the State to be licensed and to be monitored and regulated by the North Carolina Department of Insurance (Department) under this new Article. Specifies that the Article applies to for-profit and non-profit providers.
Sets out and defines 42 terms as they are used in the Article in new GS 58-64A-5. Defines continuing care retirement community as a retirement community consisting of one or more structures where a provider renders continuing care to residents. A distinct phase of development approved by the Insurance Commissioner (the Commissioner) may be considered to be the continuing care retirement community when a project is being developed in successive distinct phases over a period of time. Defines provider as a person that offers or undertakes to provide continuing care under a continuing care or continuing care at home contract, or that represents himself, herself, or itself as providing continuing care. For the purposes of this Article, the term provider also includes a person who has been issued a permit to accept deposits, a start-up certificate, or a preliminary certificate. Defines continuing care as the rendering to an individual other than an individual related by blood, marriage, or adoption to the person rendering the care, of housing in an independent living unit, together with related services, including access, when needed, to progressive levels of health care, including either assisted living care, as defined in GS 131D-2.1, or nursing care, as defined in GS 131E-176, or both, regardless of whether the health care is provided at the continuing care retirement community where the individual resides or another location, or through a contractual relationship with a third party, pursuant to a contract effective for the life of the individual or for a period longer than one year. Defines continuing care at home as a program offered by a provider holding a permanent license under this Article that provides continuing care to an individual who is not yet receiving housing, which may include programs that offer an individual an opportunity to move to an independent living unit at a future date, if desired, according to the provider's established priority and admissions policies at the continuing care retirement community sponsoring the continuing care at home program.
Allows the Commissioner to adopt rules to implement the Article.
Prohibits a provider from paying a dividend or other distribution of equity or net assets in new GS 58-64A-15 after the Commissioner has determined that the provider is in a hazardous condition or has been determined to not be in satisfactory actuarial balance in an actuarial study filed with the Commissioner, or when the payment would have the effect of creating a hazardous condition in the provider or cause the provider to not be in satisfactory actuarial balance.
Requires a person to have a certification, license, permit, or other approval from the Commissioner before offering or providing continuing care in this State in new GS 58-64A-20. Sets out seven acts that are considered to be engaging in the business of offering or providing continuing care, including accepting any deposit or any other payment related to continuing care; entering into any nonbinding or binding reservation agreement, continuing care contract, or continuing care at home contract; commencing construction or converting an existing building for a continuing care retirement community; and advertising or marketing to the general public any product similar to continuing care through the use of such terms as "life care," "life plan," "continuing care," or "guaranteed care for life," or similar terms, words, or phrases.
Prohibits, under new GS 58-64A-25, an applicant or a provider who intends to collect or does collect entrance fees from leasing land or real property from another person if the land or property is to be used as a material part of a continuing care retirement community operated by the applicant or provider without first obtaining approval from the Commissioner. Entrance fees are defined as the sum of any initial, amortized, or deferred transfer of consideration made or promised by, or on behalf of, an individual entering into a continuing care or continuing care at home contract. Sets out three factors that the Commissioner must consider when deciding whether to allow an applicant or provider to lease any of the real property of a continuing care retirement community.
Requires all filings required under the Article by applicants and providers to be submitted electronically in new GS 58-64A-30.
Allows the Commissioner, under new GS 58-64A-35 to waive or modify the Article’s provisions if there is a state of emergency or disaster; or there is an incident beyond a provider’s reasonable control that substantially affects the daily business operations of the provider or continuing care retirement community.
Lists types of contracts, leases, notices, approvals, studies, and other documents that are confidential and privileged and are not considered public record and are not subject to subpoena or discovery or admissible as evidence in private civil actions in new GS 58-64A-40. Allows the Commissioner to use the same documents and information in furtherance of any regulatory or legal action brought as a part of the Commissioner’s official duties. Sets out the steps the Commissioner must take before making those items public. Requires any information shared with the Commissioner that is not covered under these provisions but a person believes to be confidential or a trade secret to make it as such before submission to the Commissioner. Sets out provisions governing when the Commissioner may (1) share information, including confidential and privileged documents, with regulatory agencies or law enforcement or (2) receive information, including confidential and privileged items, from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and how those documents must be treated.
Prohibits, in new GS 58-64A-45, providers from advertising a continuing care retirement community if the ad includes a statement or representation which materially conflicts with the disclosures required under this Article or materially conflicts with any continuing care or continuing care without lodging contract offered by the provider.
Part 2.
Enacts new GS 58-64A-70, setting forth a general review schedule in response to the following applications: (1) permit to accept deposits, (2) a start-up certificate, (3) a preliminary certificate, (4) a permanent license, (5) an expansion, (6) a continuing care at home license, (7) an expansion notification, and (8) a request for approval pursuant to GS 58-64A-230, GS 58-64A-235, or GS 58-64A-240.
Requires a permit under new GS 58-64A-50 in order to market a proposed continuing care retirement community. Sets out the process for submitting the application to the Commissioner, including $200 application fee. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70 when responding to an application to accept deposits. Lists four conditions that must be met in order for the Commissioner to approve the application. Allows the applicant, after having been issued a permit, to: (1) disseminate materials describing the intent to develop a continuing care retirement community; (2) enter into non-binding reservation agreements; and (3) collect deposits in an amount not to exceed $5,000, to be placed in escrow and released on in accordance with Part 4 of this Article. Providers that have been issued a permit are required to file periodic status reports.
Allows a person to apply for a start-up certificate under new GS 58-64A-55 by submitting the required information and paying a $2,000 application fee. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Lists five conditions that must be met in order to approve the application. Once the certificate has been issued, requires the Commissioner to: (1) require the provider to submit periodic sales, development, and unaudited financial statements on a Commissioner-issued form and (2) post the disclosure statement of the continuing care retirement community on the Department of Insurance’s (Department) website. Allows the provider, after having been issued the certificate, to: (1) enter into binding reservation agreements and continuing care contracts; (2) accept entrance fees and deposits greater than $5,000, to be placed in escrow and only released in accordance with Part 4 of this Article; (3) begin site preparation work; and (4) construct model independent living units for marketing.
Allows a person to apply for a preliminary certificate under new GS 58-64A-60 by submitting the required information. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Lists eight conditions that must be met in order to approve the application. Once the certificate has been issued, requires the Commissioner to: (1) require the provider to submit periodic sales, development, and unaudited financial statements on a Commissioner-issued form and (2) post the disclosure statement of the continuing care retirement community on the Department’s website. Allows the provider, after having been issued the certificate, to: (1) construct a continuing care retirement community and (2) convert existing structure(s) into a continuing care retirement community.
Allows a person to apply for a permanent license under GS 58-64A-65 by submitting the required information. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Lists the two conditions that must be met in order to approve the application. Allows for the issuance of a restricted license. Once the license has been issued, requires the Commissioner to: (1) require the provider to submit periodic occupancy and financial statements on a Commission-issued form and (2) post the disclosure statement of the continuing care retirement community on the Department’s website. Allows the applicant, after having been issued a permanent license, to: (1) open the continuing care retirement community and (2) provide continuing care. Allows applicants that receive a restricted permanent license to operate a continuing care retirement community under restrictions established by the Commissioner until the Commissioner issues a permanent license. Provides that when a restricted license is issued, the provider must inform all depositors and residents within 10 business days of all restrictions imposed by the license and conditions that the provider must satisfy to qualify for a permanent license. Permanent licenses or restricted permanent licenses are valid for as long as the Commissioner determines that the provider continues to meet the Article's requirements.
Sets the duration of a permit to accept deposits and a start-up certificate at 36 months in GS 58-64A-75. Allows a person with a permit to accept deposits or a start-up certificate to request an extension and sets out the information that must be included in the request. Allows the Commissioner to extend the permit or certificate for up to one year if there is satisfactory cause for the delay, and allows the Commissioner to require the provider to update information that was previously filed before approving an extension. Does not limit the number of extensions that may be granted. Provides that if there is no satisfactory cause for the delay, the Commissioner must instruct the escrow agent to refund all deposits held in escrow, plus interest. Requires the provider, within 10 business days of denial of an extension, to notify each depositor of the denial, of the expiration of the permit or certificate, and of any right to a deposit refund.
Sets out the steps to be followed in new GS 58-64A-80 when the Commissioner denies an application, notification, or any other request for approval under this Article. Sets out the process under which applicants can demand a review to determine the reasonableness of the denial.
Part 3.
Requires a provider, under new GS 58-64A-85, before marketing and collecting deposits for a proposed expansion of a continuing care retirement community that is 20% or more of existing independent living units, to: (1) notify and obtain written approval from the Commissioner and (2) give all residents written warning of the intent to expand the number of units. Lists four required pieces of information that must be included in the notice to the Commissioner. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Lists four conditions that must be met in order for the Commissioner to approve the expansion notification. Once the notification has been approved, requires the Commissioner to require the provider to submit periodic sales and development reports. Allows the provider, after approval of the expansion notification, to: (1) disseminate materials, including advertisements, describing the intent to expand the number of independent living units at the continuing care retirement community; (2) enter into nonbinding reservation agreements, binding reservation agreements, and continuing care contracts for the proposed independent living units; and (3) collect entrance fees and deposits for the proposed independent living units, with deposits placed in escrow and only released in accordance with Part 4 of this Article, unless otherwise exempted by the Commissioner.
Requires a provider, in new GS 58-64A-90, before commencing construction of an expansion of a continuing care retirement community that is 20% or more of existing independent living units, to receive the Commissioner’s approval of an expansion notification and apply to the Commissioner for approval to commence construction. Sets out requirements for the expansion application, including a $1,000 application fee. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Lists six conditions that must be met in order to approve the expansion application. Once the application has been approved, requires the Commissioner to require the provider to submit periodic sales and development reports on a form prescribed by the Commissioner to monitor the expansion. Allows the provider, after approval of the expansion application, to commence construction of the new independent living units at the continuing care retirement community as proposed, and upon completion of construction and the satisfaction of all other legal requirements, open the expansion and provide continuing care to the residents of the new units.
Requires all entrance fees and deposits collected for independent living units in an expansion that requires approval from the Commissioner to be placed in escrow unless otherwise exempted by the Commissioner.
Part 4.
Requires entrance fees and deposits required under the Article to be deposited by the provider in an escrow account and maintained in a segregated account without commingling with other funds in new GS 58-64A-100. Requires the Commissioner to approve in advance the escrow agent and all terms governing the account. Specifies 12 provisions that must be included in the written escrow agreement between the provider and escrow agent in new GS 58-64A-105. Requires, in new GS 58-64A-110, for changes to the agreement to be approved by the Commissioner before they are used by the provider. Sets out provisions governing the delivery of the entrance fees or deposits to the escrow agent in new GS 58-64A-115. Sets out the manners in which the entrance fees and deposits must be maintained by the escrow agent in new GS 58-64A-120.
Requires, under new GS 58-64A-125 written approval from the Commissioner for interest, income, and other gains from funds held in escrow to be released or distributed. Sets out conditions for such approval. Requires interest to be distributed to the provider or depositors in accordance with the applicable agreement when the release of earnings is approved.
Prohibits, in new GS 58-64A-130, using funds in an escrow account as collateral without prior written approval from the Commissioner.
Requires a refund of the escrowed funds by the escrow agent upon written notice from the provider of: the death of a depositor, nonacceptance by the provider, voluntary cancellation, the denial of an application, or upon written notice from the Commissioner. Requires refunds to be paid within 10 business days after the escrow agent receives the notice. Allows for delays of refunds based on voluntary cancellation of a continuing care contract or a binding reservation agreement that occurs after construction of the continuing care retirement community or expansion of a continuing care retirement community has begun until another depositor has reserved a similar unit and paid the necessary fee or deposit. Directs that such delays cannot exceed one year unless extended by the Commissioner upon a showing of good cause by the provider.
Sets out the process for requirements for petitioning the Commissioner for the release of the following under GS 58-64A-140: (1) the first 25% of each escrowed entrance fee and deposit and (2) the remaining 75% of escrowed entrance fees and deposits. Sets out requirements for the release of those funds.
Part 5.
Lists thirteen defined terms in new GS 58-64A-145 that apply to Part 5 of the Article, Disclosure Statement. Requires a provider to prepare a disclosure statement in new GS 58-64A-150 for each continuing care retirement community operated or to be operated in the State that contains the 42 specified pieces of information, including: (1) specified information about the officers, directors, trustees, managers, managing or general partners, the provider’s controlling person (if applicable) or any person having a 10% or greater equity or beneficial interest in the provider and any person who will be managing the community on a day-to-day basis; (2) names of any other person who will be responsible for the financial and contractual obligations of the provider not already disclosed and the extent of their responsibilities; (3) the number of existing living units, or the number of units to be constructed at the community; (4) a description of any property rights of residents in the community; (5) circumstances under which a resident will be allowed to remain a resident at the community in the event of possible resident financial difficulties; (6) terms and conditions under which a contract may be canceled by the provider, or by the resident, and the conditions under which fees can be refunded; (7) conditions under which a provider may require a resident to move into another unit for their safety or for the provider’s good; and (8) a five-year prospective financial statement. Requires a copy of the most common continuing care and continuing care at home contract used by the provider to be attached to each disclosure statement. Sets out requirements for the disclosure statement’s cover page and for the readability of the disclosure statement. Requires the Commissioner to review the statement for completeness. Requires the Commissioner to post the current disclosure statement for each continuing care retirement community on the Department’s website.
Sets out requirements for the delivery of a disclosure statement to a person or their legal representative with whom a binding reservation agreement, continuing care contract, or continuing care without lodging contract is being entered into in new GS 58-64A-155. Sets out the required timing for delivery. Allows electronic delivery if the person consents. Requires an acknowledgment of receipt of a disclosure statement. Requires the provider to maintain copies of all disclosure statements and amendments filed with and recorded by the Commissioner for at least five years
Sets out conditions under which other revisions may be made to a disclosure statement in new GS 58-64A-165.
Part 6.
Sets out items that must be included in a binding reservation agreement, defined in GS 58-64A-5 as a binding contractual agreement between a provider and a depositor that requires the payment of a deposit to reserve the right to purchase continuing care, including the right to live in an independent living unit at a continuing care retirement community. A purchase and sale agreement for an independent living unit shall not be considered a binding reservation agreement for the purposes of this Article. Items that must be included in the agreement relate to rescinding the agreement, automatic cancellation of the agreement, the refund of money or other consideration transferred to the provider upon a rescinding or cancellation, and the computation of any refund due to a depositor for cancellation or termination.
Sets out the provisions that must be included in a continuing care contract under GS 58-64A-175, including the person’s right to rescind within the listed time period upon specified occurrences, automatic cancellations upon specified occurrences, and refunds, both upon specified occurrences and per the terms of the contract. Lists ten required specifications in the continuing care contract. Sets out a required notice to be given as part of the contract.
Part 7.
Requires a license under GS 58-64A-185 for a person to arrange or provide continuing care at home. Allows a provider with a permanent license or a restricted permanent license to apply for a continuing care at home license. Lists seven items that must be included in the application, including a $500 application fee. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Sets out five conditions that must be met to approve the application. Once the application has been approved, requires the Commissioner to require the provider to submit periodic reports to monitor the status of the program on a Commission prescribed form for monitoring of the continuing care at home program. Allows the applicant, after approval of the application, to arrange or provide continuing care at home, and requires filing an amended disclosure statement that contains the required information on continuing care at home.
Enacts new GS 58-64A-190, concerning continuing care at home contracts as follows. Sets out four items that must be included in a continuing care at home contract including the person’s right to rescind within the listed time period upon specified occurrences, automatic cancellations upon specified occurrences, and refunds, both upon specified occurrences and per the terms of the contract. Lists twelve required specifications in the continuing care at home contract. Sets out a required notice as part of the contract.
Part 8.
Requires providers, under GS 58-64A-195, to be audited annually by an independent CPA and to file those audited financial statements within the Commissioner within 150 days following the end of each fiscal year. Provides for 30-day extension of both the audit and annual disclosure statement by the Commission upon a request in writing and a determination of good cause. Directs, under GS 58-64A-200 for the annual audited financial statements to report the financial position of the provider as of the end of the most recent fiscal year and the results of its operations, cash flows, and changes in equity or net assets for the year then ended, by including six required prongs of information. Requires the audited financial statements to be comparative, except in the first year of submission. Lists four acceptable methods of preparation. Provides for separate reporting on continuing care at home programs, if the provider is also licensed for that service. Requires providers to submit (1) quarterly reporting on three listed matters under GS 58-64A-205 and (2) actuarial studies at least every three years which is prepared in accordance with accepted actuarial standards of practice for each continuing care retirement community operated by the provider in this State and any continuing care at home program that the provider is licensed for pursuant to this Article under GS 58-64A-210. Sets out additional requirements governing the actuarial study. Exempts from these actuarial study requirements a provider that only offers health care on a fee-for-service basis or only provides a limited discount or a limited number of free days in a long-term care facility; sets out documents that these individuals must provide instead. Allows the Commission to require additional reporting, as follows if it determines that additional information is needed to properly monitor the financial condition or operations of a provider or continuing care retirement community or is otherwise needed to protect the interests of residents and the general public: (1) monthly unaudited financial statements and (2) any other data, financial statements, and pertinent information as the Commissioner may reasonably require regarding (i) the provider, (ii) the provider's obligated group, (iii) the continuing care retirement community, or (iv) any related party, if the provider relies on a contractual or financial relationship with the related party in order to meet the financial requirements of the Article, or has a material amount invested in, or has a material amount of receivables due from, the related party.
Part 9.
Requires a provider to notify the Commissioner and all residents in writing within ten business if one of six listed events in GS 58-64A-220 occur, including if the provider plans to reduce the number of living units at a continuing care retirement community by 20% or more, change in the provider’s name or the name of a continuing care retirement community, including the adoption of an assumed business name, any proceeding for denial, suspension, or revocation of any license or permit needed to operate all or part of a continuing care retirement community in the State, entrance fee funds that are more than 30 days past due, and failure to maintain the required operating reserve. Requires, under GS 58-64A-225, for an applicant or provider to notify the Commissioner of material changes or deviations (defined) in any information submitted to the Commissioner pursuant to the Article within ten business days after the applicant or provider becomes aware of the change or deviation. Permits Commissioner to take action against the applicant’s or provider’s application or license if the notice is not provided.
Part 10.
Prohibits a permit, certificate, or license issued under the Article from being transferred under GS 58-64A-230. Specifies such things have no value for sale or exchange as property. Requires approval from the Commissioner before a provider or other owner can begin to sell or transfer any real property or interest therein that is used in the operations of a continuing care retirement community, other than the sale of an independent living unit to a resident or other transferee. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Requires a provider to get approval from the Commissioner before consummating any purchase of real property currently leased and used by the provider in the operations of a continuing care retirement community. Sets out requirements for the timing and content of the requests for these transactions. Sets out three conditions that must be met in order to approve the request. Allows the Commissioner to revoke or restrict a certificate or license of a provider or take other administrative actions if a provider violates these provisions.
Requires, under GS 58-64A-235, the Commissioner’s approval to enter into an agreement to merge with, or otherwise acquire control of, a provider holding a certificate or license under the Article. Requires the acquiring person to file the request for approval. Sets out the required content for the approval request. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Sets out the conditions that must be met to approve the request. Requires providers to give notice to all affected residents and depositors of the proposed merger or other acquisition of control within ten business days after receiving approval. Allows the Commissioner to revoke or restrict a certificate or license of a provider or take other administrative actions if a provider violates these provisions.
Requires approval from the Commissioner under GS 58-64A-240 before a provider enters into a contract with a third party for the management of a continuing care retirement community. Lists required elements of request for approval, including a copy of the proposed management contract. Requires notice to the residents in writing after provider submits request for approval and sets out requirements for providing notice. Requires the Commissioner to comply with the review schedule set forth in new GS 58-64A-70. Sets out conditions under which the Commissioner may disapprove of the proposed third-party manager and conditions under which the provider must immediately remove a third-party manager.
Part 11.
Requires providers, in GS 58-64A-245, to maintain after the opening of a continuing care retirement center an operating reserve equal to 50% of the total operating costs of the community forecasted or projected for the 12-month period following the period covering the most recent disclosure statement. Provides that once a community achieves a 12-month daily average independent living unit occupancy rate of 90% or higher, a provider is only required to maintain an operating reserve in the amount specified, with amounts ranging from 25% to 50% depending on the occupancy rate. Provides that for providers whose community has achieved a 12-month daily average independent living unit occupancy rate of 93% or higher and has no long-term debt or a debt service coverage ratio in excess of 2.00 as of the provider's most recent fiscal year-end, the operating reserve required is only equal to 12.5% of total operating costs of the continuing care retirement community, unless otherwise instructed by the Commissioner. Allows the Commissioner to increase the operating reserve amount, not exceed 50% of total operating costs, or to require that a provider immediately place the operating reserve on deposit with the Commissioner if the provider is in a hazardous condition. Sets out related resident notification requirements. Sets out provisions for calculating the operating reserve amount in GS 58-64A-258. Specifies the types of assets that can be used by a provider to fund the operating reserve in GS 58-64A-255.
Allows a provider, instead of funding the operating reserve with qualifying assets, to fund all or a portion of the reserve by filing a surety bond or letter of credit in GS 58-64A-260. Sets out the requirements for the surety bond or letter of credit.
Requires approval from the Commissioner under GS 58-64A-265 before an operating reserve can be released in whole or in part. Sets out requirements for the request. Allows disapproval of the request to withdraw funds if it is determined that it would not be in the residents’ best interest. Sets out requirements for providing notice to residents.
Requires providers to provide an annual certification relating to its operating reserves under GS 58-64A-270 at the same time it files its annual audited financial statements. Lists three required information in the certification, including the amount the provider is required to hold in its operating reserve, a description of the qualifying assets or other form of security that the provider maintains for its operating services, and the 12-month daily average independent living unit occupancy rate at the continuing care retirement community, or a shorter period of time that the continuing care retirement community has been in operation, as of the date of certification.
Part 12.
Defines impaired in GS 58-64A-275 as a weakened financial state or condition that may affect a provider's ability to pay its obligations as they come due in the normal course of business. Allows the Commissioner, upon issuing findings of fact, to (1) deny an application or any other request for approval or (2) restrict or revoke any permit, certificate, license, or other authorization issued under the Article if the Commissioner finds that the applicant or provider committed one of the 18 specified acts, including: (1) willfully violated any provision of this Article or the Commissioner’s rules or orders; (2) engaged in fraudulent or dishonest business practices; (3) failed to maintain the escrow account; (4) violated a restriction of its permit, certificate, or license; or (5) has been determined to be in a hazardous condition. Permits the Commissioner to first issue a cease-and-desist order; if the order is not or cannot be effective in remedying the violation, allows the Commissioner, after notice and hearing, to order revocation. Allows a revocation order to be appealed to the Wake County Superior Court. Directs the provider to not accept new deposits or entrance fees while the revocation order is under appeal. Allows the Commissioner to remove a restriction upon finding changed circumstances. Sets out requirements for notice to residents. Specifies that revocation does not release a provider from obligations assumed through continuing care and continuing care at home contracts. Requires the provider to provide the Commissioner and residents a written plan detailing how the provider will continue to meet its continuing care obligations within 20 business days after receiving notice of revocation of a license. Requires providers with revoked licenses to maintain its operating reserves and to continue filing disclosers. Requires providers who have had a permit, license, or certificate revoked to provide written notice to all depositors within five business days, reimburse all deposits collected, and provide documentation to the Commissioner verifying that all deposits have been returned to depositors.
Sets out fifteen standards that the Commissioner may consider in determining whether a provider is in a hazardous condition under GS 58-64A-285, including: (1) whether the provider is impaired or insolvent; (2) adverse findings reported in examination reports, audit reports, and actuarial opinions, reports, or summaries; (3) whether the provider has failed to establish, maintain, or has substantially depleted the required operating reserve; (4) whether the management of a provider has failed to respond to the Commissioner's inquiries about the condition of the applicant or provider or has furnished false and misleading information in response to an inquiry by the Commissioner; or (5) whether the applicant or provider has experienced or will experience in the foreseeable future cash flow or liquidity problems.
Allows the Commissioner, upon determining that a provider is in a hazardous condition, to issue an order, after notice and opportunity for hearing, requiring a provider to (1) submit a corrective action plan within 45 days and (2) notify all residents and depositors within five business days of the Commissioner's order in GS 58-64A-290. Requires the corrective action plan to include: (1) proposals of corrective actions the provider intends to take which would reasonably be expected to result in the elimination of the hazardous condition and (2) a date when the provider anticipates it will rectify the problems and deficiencies. Sets out the timeline under which the Commissioner must act on the plan. Allows for submission of a revised plan based on notification from the Commissioner. Requires immediate implementation of an approved plan, distribution of the plan to residents and depositors, and reporting progress to the Commissioner. Allows the Commissioner to engage consults to develop a corrective action plan when a submitted plan is disapproved.
Sets out the Commissioner’s investigative and subpoena powers in GS 58-64A-295.
Makes a provider civilly liable under GS 58-64A-300 for entering into a binding reservation agreement, continuing care contract, or continuing care at home contract without having first delivered a disclosure statement to the person with whom the agreement or contract was entered into, or for entering into a binding reservation agreement, continuing care contract, or continuing care at home contract with a person who has relied on a disclosure statement that materially misrepresents or omits a material fact required to be stated or necessary in order to make the statement, in light of the circumstances under which they are made, not misleading. Specifies that liability exists regardless of whether the provider had actual knowledge of the misstatement or omission. Prohibits a person from bringing an action if the person was offered and failed to timely accept an offer of a refund that meets the specified amounts. Requires the action to be brought within three years of the alleged violation.
Makes it a Class 1 misdemeanor under GS 58-64A-305 to willfully and knowingly violate the Article.
Sets out the conditions under which a permit, certificate, license, or other approval must be forfeited, after notice and opportunity for hearing, in GS 58-64A-310. Sets out requirements for notifying residents and depositors of forfeiture.
Allows the Commissioner, after determining that a provider is or has been violating the Article, in GS 58-64A-315, to, after notice and opportunity for hearing, order the provider to cease entering into binding reservation agreements, continuing care contracts, and continuing care at home contracts and make a rescission offer to any resident or depositor who entered into such an agreement or contract while the violation was occurring. Allows for the agreements and contracts to be rescinded without penalty by the resident or depositor. Bars residents and depositors from benefitting from this provision if they have refused or failed to timely accept an offer by the provider to rescind the agreement or contract and refund the full amount paid plus interest (less specified costs).
Specifies that the civil, criminal, and administrative remedies available to the Commissioner pursuant to the Article are not exclusive.
Prohibits a provider from actively soliciting, approving the solicitation of, or entering into new binding reservation agreements, continuing care contracts, or continuing care at home contracts in this State after the provider knew, or reasonably should have known, that the provider was impaired or insolvent except with the Commissioner’s written permission.
Part 13.
Sets out five triggers under any of which the Commissioner may commence supervision proceedings or apply to the Wake County Superior Court or federal bankruptcy court that may have previously taken jurisdiction over the provider or community for an order directing or authorizing the Commissioner to rehabilitate or to liquidate a provider or continuing care retirement community under GS 58-64A-335. Sets out requirements for providing notice to residents and depositors. Sets out the conditions under which the rehabilitation may be terminated and the community and its assets and affairs are returned to the provider’s management. Requires an order for rehabilitation to be refused or vacated if the provider posts a bond, as specified.
Allows, under GS 58-64A-340, when the Commissioner has been appointed as a receiver for a provider or a continuing care retirement community, for the Department of Health and Human Services to accept and approve the addition of adult care home beds or nursing beds for a continuing care retirement community owned by, or operated by, the provider, if it appears to the Court upon petition of the Commissioner or provider, that (1) the best interests of the provider or (2) the welfare of persons who have previously contracted with the provider or may contract with the provider, may be best served by the addition of adult care home beds or nursing beds.
Provides, in new GS 58-64A-345, that in the event of liquidation of a provider, all continuing care and continuing care at home contracts executed by the provider are deemed preferred claims against all of the provider’s assets (although claims are subordinate to the liquidator’s cost of administration or any secured claim).
Section 14.
Defines residents’ council as a group duly elected by residents at a continuing care retirement community to advocate for residents' rights and to serve as a liaison between residents and the provider with respect to resident welfare and interests. Gives a resident of a continuing care retirement community operated by a licensed provider the right of self-organization, the right to be represented by an individual of the resident's own choosing, and the right to engage in concerted activities to keep informed on the community’s operations or for other mutual aid or protection in GS 58-64A-355. Specifies that this includes the right to establish a residents' council.
Requires the provider’s board of directors or other governing body or its designated representative to hold in-person semiannual meetings with the residents of each continuing care retirement community operated by the provider in this State for free discussions of subjects including specified topics. Specifies that a provider is allowed to make the semiannual meeting available via electronic means to residents who are unable to attend in person. Sets out requirements for providing notice of the meetings. Sets out emergency conditions under which the meetings can be held electronically. Provides for recording of electronic meetings held under emergency conditions. Requires the provider to include in its required disclosure statements the dates on which these semiannual meetings were held.
Part 15.
Provides in GS 58-64A-365 that no act, agreement, or statement of any resident, or of an individual purchasing continuing care for a resident under any continuing care or continuing care at home contract, is a valid waiver of any provision of this Article intended for the benefit or protection of the resident or the individual purchasing continuing care for the resident.
Establishes a 12-member Continuing Care Advisory Committee in GS 58-64A-370 that is comprised of providers, residents, and professionals involved in the continuing care retirement community industry. Sets out additional membership requirements and sets membership terms at 3 years, with two consecutive terms allowed. Requires the Committee to: (1) act in an advisory capacity to the Commissioner on matters pertaining to the operation and regulation of continuing care retirement communities and continuing care without lodging programs; (2) report to the Commissioner on developments in the continuing care retirement community industry and problems or concerns of providers and residents; (3) recommend changes in relevant statutes and rules; (4) meet twice per year and (5) holding other meetings at times and places that the Committee Chair may direct.
Provides in GS 58-64A-375 that this Article does not affect the authority of the Department of Health and Human Services or any successor agency otherwise provided by law to license or regulate any long-term care facility. Exempts continuing care retirement communities and providers licensed under this Article that are also subject to the provisions of the North Carolina Condominium Act from the provisions of GS Chapter 39A (Transfer Fee Covenants Prohibited), if the continuing care retirement community's declaration of condominium does not require the payment of any fee or charge not otherwise provided for in a resident's continuing care contract, or other separate contract for the provisions of membership or services.
Allows the Commissioner, or designee, to visit a provider to examine its books and records. Also allows the Commissioner, or designee, to examine a person with a contractual or financial relationship with the provider, to the extent necessary to ascertain the provider’s financial condition, if the provider relies on a contractual or financial relationship with another person in order to meet the Article’s financial requirements. Incorporates the provisions of GS 58-2-131, GS 58-2-132, GS 58-2-133, GS 58-2-134, GS 58-2-155, GS 58-2-180, GS 58-2-185, and GS 58-6-5 into the Article.
Applies to contracts issued, renewed, or amended on or after December 1, 2025 as well as offenses committed on or after that date.
| Intro. by Johnson. | GS 58 |
Appropriates $3 million for 2025-26 from the General Fund to the Onslow Water and Sewer Authority for the construction of a water tower serving North Topsail Beach.
Effective July 1, 2025.
Identical to H 129, filed 2/13/25.
Includes whereas clauses.
Part I.
Adds new Subchapter XI, Election of Appellate, Superior, and District Court Judges, consisting of Article 26, Nomination and Election of Appellate, Superior, and District Court Judges, in GS Chapter 163, providing as follows.
Requires that justices of the Supreme Court, judges of the Court of Appeals, and superior and district court judges be elected using the nonpartisan primary election method. Requires that there be a primary to narrow the field of candidates to two candidates for each position to be filled if, when the filing period closes, there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled. Sets out provisions for declaring candidates as nominated when these thresholds for primaries are not met. Sets out the process for declaring nominees and for determining election winners, including breaking a tie. Includes the required format of the notice of candidacy form as well as requirements for signing the form. Requires judicial candidates to file notice of candidacy between noon on the first Monday in December and noon on the third Friday in December preceding the election. Allows the notice of candidacy to be withdrawn by the specified dates. Requires filing, along with the notice of candidacy a certification that the person is registered to vote in a particular county. Prohibits filing a notice of candidacy for more than one judicial office. Requires a candidate, when there are two or more vacancies for Supreme Court, Court of Appeals, or district court, to file a written statement designating the vacancy to which the candidate seeks election; requires the same of a person seeking election for a specialized district judgeship. Sets out residency requirements for candidates for superior court judge.
Sets a required filing fee of 1% of the annual salary of the office sought. Allows the filing fee to be refunded upon withdrawing candidacy or upon the candidate's death. Allows, instead of paying the filing fee, a person to file a written petition requesting to be a candidate. For candidates seeking judicial office, the petition must be submitted by the stated date and time and must be signed by (1) 8,000 registered voters for Supreme Court or Court of Appeals candidates and (2) 5% of the registered voters of the election area in which those voters will vote for superior or district court judge candidates.
Provides the process for certifying candidates' names with the Secretary of State and county boards of elections.
Sets out rules governing elections when there is a vacancy in a superior court judgeship.
Sets out provisions concerning when there are an insufficient number of candidates, and when a candidate dies or is disqualified.
Sets out procedure for instances where a vacancy is created in the Supreme Court, Court of Appeals, or superior court after the filing period for the primary opens but more than 60 days before the general election and an election is required to be held for that position.
Allows a person who will become qualified to register and vote in the general election for which the primary is held, even though not so qualified by the primary, to register for the primary and general election before the primary and then to vote in the primary.
Requires the primary to be held on the same date as the one established for primaries under GS 163-1(b).
Sets out ballot requirements and requirements for counting ballots.
Effective with respect to primaries and elections held on or after January 1, 2026.
Part II.
Makes conforming and clarifying changes to GS 18C-112, GS 163-1, GS 163-22.3, GS 163-82.10B, GS 163-106.2, GS 163-106.3, GS 163-106.5, GS 163-107, GS 163-107.1, GS 163-108, GS 163-111, GS 163-114, GS 163-122, GS 163-123, and GS 163-165.5. Makes language gender neutral.
Effective with respect to primaries and elections held on or after January 1, 2026.
Part III.
Recodifies GS 163A-278.69 as GS 163-278.129.
Enacts new GS Chapter 163, Article 22I, the North Carolina Public Campaign Fund, providing as follows, effective when the act becomes law, with distributions from the Fund beginning in the 2026 election year. States the purpose of the Article. Establishes the North Carolina Public Campaign Fund (Fund) as an alternative source of campaign financing for candidates who demonstrate public support and voluntarily accept strict fund-raising and spending limits. Provides that the Article is available to candidates for justice of the Supreme Court and judges of the Court of Appeals in elections held in 2026 and thereafter. The Fund is to finance the election campaigns of certified candidates for office and to pay administrative and enforcement costs of the State Board of Elections (Board).
The following are sources of money in the Fund: (1) designations made by taxpayers to the Fund, (2) Fund revenues distributed for an election that remain unspent or uncommitted at the time the recipient is no longer a certified candidate in the election, (3) money ordered returned to the Fund, (4) voluntary donations made directly to the Fund, and (5) money collected from the $50 surcharge on attorney membership fees.
Requires individuals choosing to receive campaign funds from the Fund to file a declaration of intent to participate as a candidate for a stated office. Sets out requirements for the timing of the filing and for an affirmation that only one political committee will handle all contributions, expenditures, and obligations for the candidate and that the candidate will comply with the contribution and expenditure limits and other requirements. Requires participating candidates seeking certification to receive campaign funds from the Fund to first obtain qualifying contributions from at least 350 registered voters in a sum that equals at least the specified amount of minimum qualifying contributions but that does not exceed the specified amount of maximum qualifying contributions. Sets out the procedure under which the Board will certify candidates as meeting the necessary requirements.
Set out the following restrictions on contributions and expenditures with respect to participating and certified candidates. (1) Beginning January 1 of the year before the election and before the filing of a declaration of intent, a candidate for office may accept in contributions up to $10,000 from sources and in amounts permitted by Article 22A and may expend up to $10,000 for any campaign purpose. Candidates exceeding these limits will be ineligible to file a declaration of intent or receive funds from the Fund. (2) From the filing of a declaration of intent through the end of the qualifying period, a candidate may accept only qualifying contributions, contributions under $10 from North Carolina voters, and personal and family contributions. The total contributions the candidate may accept during this period must not exceed the defined maximum qualifying contributions for that candidate. In addition to these contributions, the candidate may expend during this period only the remaining money raised under (1) and possible matching funds. With named exception, multiple contributions from the same contributor to the same candidate must not exceed $500. (3) After the qualifying period and through the date of the general election, the candidate must expend only the funds the candidate receives from the Fund pursuant to GS 163-278.125(b)(4) (funds distributed in a contested general election in specified amounts for Supreme Court and Court of Appeals candidates) plus any funds remaining from the qualifying period and possible matching funds. (4) During the qualifying period, the candidate may contribute up to $1,000 of that candidate's own money to the campaign. Allows accepting contributions of $1,000 from each member of that candidate's family (spouse, parent, child, brother, and sister). Allows treating up to $500 of a contribution from the candidate's family member as a qualifying contribution if it meets specified requirements. (5) Requires a candidate and the candidate's committee to limit the use of all revenues permitted by this subsection to expenditures for campaign-related purposes only. (6) Any contribution received by a participating or certified candidate that falls outside what is permitted must be returned to the donor as soon as practicable. Contributions intentionally made, solicited, or accepted in violation of this Article are subject to civil penalties. (7) Requires a candidate to return to the Fund any amount distributed for an election that is unspent and uncommitted at the date of the election, or at the time the individual ceases to be a certified candidate, whichever occurs first.
Allows a decision to participate in the Fund to be revoked by the specified deadline.
Allows candidates in elections under GS 163-258 (filling vacancies in office created after primary filing period opens) to participate in the Fund and sets out requirements for such candidates.
Requires distributions from the Fund to be made within five business days after a certified candidate's name is approved to appear on the ballot in a contested general election, but no earlier than five business days after the primary. Sets out the amounts to be distributed from the fund in contested general elections.
Sets out candidate reporting requirements.
Requires that when any report shows that "funds in opposition to a certified candidate or in support of an opponent to that candidate" exceed the trigger for matching funds, the Board must immediately issue to that certified candidate an additional amount that equals the reported excess within the specified limits. Sets out additional provisions concerning the limit on matching funds before a primary and in contested general elections, and expediting matching funds. Requires the Board to determine which candidate, if any, is entitled to matching funds in the case of electioneering communications.
Violations of the Article can result in a civil penalty of up to $10,000 per violation or three times the amount of any financial transaction involved in the violation, whichever is greater. Also, for good cause shown, may require candidates to return distributed amounts to the Fund.
Amends GS 84-34 by requiring active members of the North Carolina State Bar to pay a $50 surcharge for the Fund.
Makes conforming changes to GS 105-159.2, GS 163-278.5, and SL 2013-381, Section 38.1(a).
Amends GS 163-278.13, concerning limitations on campaign contributions, by adding limitations on contributions to Supreme Court and Court of Appeals candidates of $1,000 from an individual contributor and $2,000 from family contributors.
Makes conforming repeals of SL 2013-381, Section 38.1(l), (m), and (o).
Unless otherwise indicated, effective January 1, 2026.
Part IV.
Contains a severability clause.
Amends the disabled veteran property tax homestead exclusion in GS 105-277.1C as follows. Allows for a disabled veteran to exclude from property tax, in addition to the statutory allowance of the first $45,000 of the appraised value of the residence, any portion of the appraised value of the residence attributable to adaptations for the qualifying owner's medical needs if the adaptations were funded by a housing grant from the United States Department of Veterans Affairs for one or more service-connected disabilities.
Allows for disabled veterans to apply for prequalification of the homestead exemption tax relief, even before purchasing a property, so long as a prequalified veteran applies for the property tax relief when purchasing the property. Sets forth an application process and notice requirements. Authorizes a prequalified applicant to provide a copy of the prequalification to the assessor to establish eligibility for the exclusion instead of providing their disability certification or other evidence of benefits received from the Department of Veterans’ Affairs.
Effective for taxable years beginning on or after July 1, 2025.
| Intro. by Lazzara, Lee, Sawrey. | GS 105 |
Includes whereas clauses.
Adds new Part 2 to Article 6 of GS Chapter 147, known as the North Carolina Small Business Retirement Savings Program (Program). Designates GS 147-65 through GS 147-86.6 as part 1 of Article 6, titled "General Provisions, Powers, and Duties; Investment; and Funds." Sets out and defines terms that are used in the Program. Defines a covered employer as a person or entity engaged in a business, industry, profession, trade, or other enterprise in the state, whether for profit or not for profit and provided that the covered employer does not include an employer that maintains a specified tax-favored retirement plan for its employees or has done so effective in form and operation at any time within the current or two preceding calendar years; excludes the federal government, the State, any county, any municipality, or any political subdivision of the State. Defines a participating employer as a covered employer that provides for covered employees a payroll deduction IRA provided for by this Part.
Establishes the 12-member North Carolina Small Business Retirement Savings Board (Board) housed for administrative purposes in the Department of State Treasurer (Department). Provides that 10 members are voting and two are nonvoting advisory members, with initial appointments to be made by October 1, 2025. Provides for the appointment of members; members serve for four-year terms (except as specified for initial members) with terms staggered. Requires the Governor to convene the first meeting of the Board by October 15, 2025. Provides for electing a chair and appointing vacancies. Sets out the Board's 20 duties, including: (1) design, develop, implement, maintain, govern, and promulgate rules with respect to a payroll deduction retirement savings program for covered employers and, to that end conduct market, legal, and feasibility analyses; (2) develop and implement an investment policy that meets specified requirements, that defines the Program's investment objectives, consistent with the objectives of the Program, and that provides for policies and procedures consistent with those investment objectives; (3) adopt rules it deems necessary or advisable for the implementation of this Part and the administration and operation of the Program; (4) invest and reinvest funds in the Administrative Fund in accordance with applicable State and federal laws; and (5) evaluate the need for, and procure if and as deemed necessary, pooled private insurance against any and all loss in connection with the property, assets, or activities of the Program. Prohibits a Board member, executive director, and other Board staff from: (1) having any interest in the making of any investment under the Program or in gains or profits accruing from any such investment; (2) borrowing any Program-related funds or deposits or use any such funds or deposits in any manner, for himself or herself or as an agent or partner of others; or (3) becoming an endorser, surety, or obligor on investments made under the Program. Sets out provisions governing the standard of conduct for Board members and Program staff.
Sets out 20 requirements that the Program must meet, including: (1) provide a process to facilitate voluntary enrollment into the Program for covered employers, covered employees, and self-employed persons; (2) provide that the IRA to which contributions are made will be a Roth IRA, with the Board allowed to add an option for participants to affirmatively elect to contribute to a traditional IRA as an alternative to the Roth IRA; (3) provide that the standard package must be a Roth IRA with a target date fund investment, and a contribution rate that begins at 5% of salary or wages; (4) provide for a uniform annual increase in the participant's contribution rate of up to 1%; (5) allow a covered employer to withhold payroll deductions from a covered employee's paycheck for making a covered employee contribution to the Program funds; (6) include an account status notification process for covered employees to be notified about and track their investments; and (7) ensure that the Program is designed to be financially self-sustaining over time.
Requires the Board to adopt rules on four specified items related to implementing the Program, including conducting outreach to individuals, employers, other stakeholders, and the public regarding the Program.
Provides covered employers with protection from liability in six specified areas, including an employee's decision to participate in or not to participate in the Program or a participant's specific elections under the Program; participants' or the Board's investment decisions; and any loss, failure to realize any gain, or any other adverse consequences incurred by any person as a result of participating in the Program.
Provides that the State has no duty or liability to any party for the payment of any retirement savings benefits accrued by any individual under the Program and sets out additional protections.
Prohibits disclosing, except in specified circumstances, individual account information relating to accounts under the Program and relating to individual participants including, but not limited to, specified information such as email addresses, personal identification information, investments, contributions, and earnings. Makes these items confidential and specifies they are not public record.
Establishes the North Carolina Small Business Retirement Savings Administrative Fund (Fund) with moneys in the Fund continuously appropriated to the Board. Provides that the Fund consists of (1) moneys appropriated to the Fund by the NCGA; (2) moneys transferred to the Fund from the federal government, other State agencies, or local governments; (3) moneys from the payment of application, account, administrative, or other fees and payment of money due to the Board; (4) gifts, donations, or grants made to the State for deposit in the Fund; and (5) earnings on moneys in the Fund.
Requires the Board to submit an annual report to the Governor and specified NCGA committee; specifies the required content of the report. Requires an annual audit of the Board's books and accounts.
Requires the Board to establish the Program so that individuals can begin contributing under the Program no later than July 1, 2027. Prohibits the Board from implementing the Program if and to the extent the Board determines that the Program is preempted by ERISA; sets out how the Program is to implemented in that situation.
Appropriates $400,000 for 2025-26 and $600,000 for 2026-27 from the General Fund to the Department of State Treasurer to be allocated to the Board and used to: (1) enable or facilitate the start-up and continuing operation, maintenance, administration, and management of the Program until the Program accumulates sufficient balances and can generate sufficient funding through fees assessed on Program accounts for the Program to become financially self-sustaining and (2) hire an individual to serve as the initial executive director (prohibits the individual filling the position from being considered a State employee).
Effective July 1, 2025.
Allows an eligible district (district), before the 2026-27 school year, to submit a Financial and Hiring Flexibility Plan (FHFP) to the State Board of Education (State Board), to allow the local board of education (local board) to decide certain matters related to the operation of the schools under the local board's control within the District, including the use of State funds, as provided in this act. Sets out the purpose of operating a District under an FHFP. Defines eligible district as a local school administrative unit that meets both of the following: (1) the local school administrative unit has the authority to levy and lay special taxes for the payment of bonds issued by the governing body of the unit and (2) the local school administrative unit had an allotted average daily membership of at least 5,000 for the 2023-24 school year. Requires local boards who want to operate under an FHFP to submit an FHFP that meets at least the specified components to the State Board, including a resolution adopted by the local board to implement the FHFP, by January 15, 2026, to begin operation of the plan with the 2026-27 school year. The specified FHFP components include a description of how the flexibility allowed under the FHFP will aid in meeting the following goals by the 2030-31 school year: ensuring that 100% of all students have completed a career development plan by the beginning of 12th grade, increase teacher retention to 90% retention rate, and increase the growth rate of any subgroups of students below the average growth rate in the 2024-25 school year to above the average overall growth rate for the State. Requires the State Board to approve an FHFP that meets the act's requirements by March 15, 2026, to begin implementation by July 1, 2026.
Requires the State Board to review the operation and student performance of a District operating under an FHFP following the end of the 2030-31 school year, and at least every three years thereafter, to ensure that the District is meeting expected academic goals and complying with all financial and observance requirements. Sets out the grounds under which the State Board must terminate an FHFP. Sets out provisions that apply in the event of an early termination. Provides that if an FHFP is terminated, the State Board may grant the District a waiver to the licensure requirements annually, for up to three years, to facilitate the transition to employment of fully licensed teachers.
Allows, beginning July 1, 2026, for as long as a District is operating under an FHFP, up to 50% of the teachers in each school in the District to be employed as teachers despite not holding teacher licenses if they meet the requirements described below. Requires all teachers who are teaching core subject areas (mathematics, science, social studies, and language arts) to be college graduates. Requires teachers who are not licensed as a teacher by the State to complete preservice training in all of the following areas before beginning instruction: (1) the identification and education of children with disabilities, (2) positive management of student behavior, (3) effective communication for defusing and de-escalating disruptive or dangerous behavior, and (4) safe and appropriate use of seclusion and restraint.
Deems all schools in a District operating under an FHFP as having been continuously operating under a modified calendar since the 2003-04 school year for purposes of GS 115C-84.2(d) (opening and closing dates of public schools).Requires the Department of Public Instruction (DPI), beginning with the 2026-27 fiscal year, to calculate the amount of State funds to be allocated to a District operating under an FHFP on the same basis as other local school administrative units and distribute those funds to the unit. Requires the deposit of money in the State treasury to the credit of a District operating under an approved FHFP to be made as necessary for the operation of the District. Allows withholding money to be distributed to a District if any report required to be filed with State school authorities is more than 30 days overdue. Allows for the release of money in the State Public School Fund and State bonds to be released only on warrants drawn on the State Treasurer, signed by a local official as required by the State Board. Sets out provisions governing withholdings for retirement contributions.Requires a District operating under a FHFP to report to the Superintendent annually beginning July 15, 2027, on five specified topics. Also requires the Superintendent to report to the specified NCGA committee by November 15, 2027, and annually thereafter that a District operates an FHFP, on five specified topics.
| Intro. by Sawyer. | UNCODIFIED |
Enacts new Article 8, concerning the expedited removal of unauthorized persons from residential property in GS Chapter 42. Adds new GS 42-80, allowing a property owner or authorized agent to request from the law enforcement agency with jurisdiction over where the residential property is located the removal of an unauthorized person unlawfully occupying that property if all of the following are met: (1) the requesting party is the property owner or the authorized representative of the property owner, (2) the property that is being occupied is a residential property or property used in connection with or appurtenant to residential property, (3) an unauthorized person has entered the property after the property owner acquired the property and is remaining or residing unlawfully on the residential property of the property owner, (4) the property was not offered or intended as an accommodation for the general public at the time the unauthorized person entered, (5) the property owner or the authorized representative of the property owner has directed the unauthorized person to leave the residential property, (6) the unauthorized person is not a tenant, (7) there is no pending litigation between the property owner and the unauthorized person related to the residential property, (8) no other valid rental agreement or contract for deed has been entered into or formed by the property owner or former owner and the unauthorized person permitting them to occupy the residential property, and (9) no rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or their authorized representative in connection with the occupancy of the residential property. Defines unauthorized person as a person or persons occupying residential property who has no legal claim to the property, is not entitled to occupy it under a valid rental agreement or contract for deed signed by the property owner or their authorized representative, has not paid any rent or other form of payment to the owner or their authorized representative in connection with the occupancy of the property, and is not otherwise authorized to occupy the property. It does not mean a tenant who holds over after the lease term has expired under GS 42-26.
Provides for an expedited removal affidavit under new GS 42-81. Requires, to require the immediate removal of an unauthorized person, that the property owner or their authorized representative, appear before the clerk of superior court (or magistrate if court is closed) where the property is located and complete a sworn affidavit on a form that is to be created by the Administrative Office of the Courts in consultation with the North Carolina Sheriffs’ Association and the North Carolina Association of Chiefs of Police by September 30, 2025. Requires payment of a $25 fee. Sets out nine things that must be alleged in the affidavit, including the unauthorized person has been directed by the property owner or the authorized representative of the property owner to leave the property, but the unauthorized person remains on the property; the unauthorized person is not a tenant pursuant to any valid lease authorized by the property owner; and the property owner has never demanded nor received rent or other form of payment directly from the unauthorized person in connection with the occupancy of the residential property. Requires the affidavit to include a notice that providing false information or statements on the affidavit is perjury and punishable as a Class F felony and that any person removed from the property as a result of the affidavit may have a cause of action against the affiant for any false information or statements on the affidavit or for wrongfully using these procedures.
Specifies removal of unauthorized persons by the law enforcement agency in new GS 42-82, as follows. Gives the law enforcement agency 24 hours after receiving the affidavit to remove the unauthorized person. Gives the law enforcement agency the power to arrest persons for trespass, outstanding warrants, or other legal cause. Allows the property owner or their authorized representative to request law enforcement to stay while the owner changes locks and removes the unauthorized person's property. Indemnifies the law enforcement agency, officer, clerk of superior court, or magistrate and property owner or their authorized representative from liability.
Provides for a remedy for wrongful removal including possession of the property and recovery of actual costs and damages incurred, statutory damages equal to triple the fair market rent of the residence, a civil penalty of $400-$4,000, court costs, and reasonable attorneys' fees under new GS 42-84. Specifies that new Article 8 doesn’t limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unauthorized person or persons for trespassing, vandalism, theft, or other crimes.
Effective October 1, 2025.
| Intro. by Settle, Sawyer, Lazzara. | GS 42 |
Appropriates $500,000 for 2025-26 from the General Fund to the Office of State Budget and Management for a directed grant to the Boys & Girls Clubs of the Coastal Plain Foundation for operational expenses and expansion of programs, to be used for the Clubs in Pitt County only.
Effective July 1, 2025.
Appoints the specified persons to the following boards and commissions upon the recommendation of the President Pro Tempore of the Senate, effective on the specified date, with terms expiring as provided: Third Judicial District Special Superior Court Judge, NC Turnpike Authority, Governor's Crime Commission, Local Government Commission, and NC Child Care Commission.
| Intro. by Rabon. | UNCODIFIED |
The Daily Bulletin: 2025-02-17
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided in GS 115C-84.2(d). Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
As the title indicates, permits the local board of education for Cumberland County Schools to align their calendar with the calendar of a community college serving in the city or county in which the school unit is located notwithstanding the requirements of GS 115C-84.2(d). Applies beginning with the 2025-26 school year.
| Intro. by F. Jackson, Wheatley, Charles Smith, Colvin. | Cumberland, GS 115C |
Amends SL1903-363, Section 4, as amended, to require elections in Faith to be held at the time of the general election in each even-numbered year, and conducted in accordance with the uniform municipal election laws in GS Chapter 163. Also amends Section 3, as amended, to require that the Town aldermen serve a term of four-years.
Prohibits conducting municipal elections in Faith in 2025. Extends the terms of office for the aldermen in Faith serving on the act's effective date by one year. Requires regular municipal elections to be held in Faith every four years beginning in 2026. Specifies that in 2026, and quadrennially thereafter, five aldermen are to be elected to serve four-year terms.
| Intro. by Warren, Campbell. | UNCODIFIED, Rowan |
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided in GS 115C-84.2(d). Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
As the title indicates, permits the local board of education for Gates County Schools to align their calendar with the calendar of a community college serving in the city or county in which the school unit is located notwithstanding the requirements of GS 115C-84.2(d). Applies beginning with the 2025-26 school year.
Authorizes the Maysville Board of Commissioners to levy a room occupancy tax of up to 6%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 160A-215 (uniform provisions for room occupancy taxes). Requires the Maysville Tourism Development Authority (TDA) to use at least two‑thirds of the occupancy tax proceeds to promote travel and tourism in the town and the remainder for tourism–related expenditures. Mandates that at least one‑third of the members of the TDA must be affiliated with businesses that collect the tax in the town and at least one‑half must be currently active in the town's travel and tourism promotion. Makes conforming changes.
Removes specified property from the Elizabeth City corporate limits, effective June 30, 2025. Specifies that this has no effect on the validity of any of the City's liens for ad valorem taxes or special assessments outstanding before June 30, 2025, and allows those liens to be collected or foreclosed upon as though the property were still within the City's corporate limits. Exempts property in the described territory as of January 1, 2025, from municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2025.
| Intro. by Ward. | UNCODIFIED, Pasquotank |
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Jackson County, Swain County, and Transylvania County Schools with additional flexibility in adopting their school calendars by removing the specified opening and closing dates. Applies beginning with the 2025-26 school year.
| Intro. by Clampitt. | Jackson, Swain, Transylvania, GS 115C |
The Daily Bulletin: 2025-02-17
Blank bill.
| Intro. by Sawrey. | Johnston |
Blank bill.
| Intro. by Chaudhuri. | Wake |
Actions on Bills: 2025-02-17
H 28: GUN VIOLENCE PREVENTION ACT.
H 53: INCREASE ACCIDENT THRESHOLDS/SAFE DRIVER PLAN.
H 72: AG/RESTRICT CHALLENGE TO PRESIDENTIAL EOS.
H 97: SUPPORT FIREFIGHTERS FIGHTING CANCER.
H 118: DISABLED VETERANS TAX RELIEF BILL.
H 120: EXPAND PROJECT C.A.R.E./FUNDS.
H 121: SCHCALFLEX/STATEWIDE/OPEN CAL.
H 122: NORTH CAROLINA HEALING ARTS ACT.
H 123: CRIMINAL FALSIFICATION OF MEDICAL RECORDS.
H 124: ADOPT OFFICIAL STATE COOKIE.
H 125: CONTINUING BUDGET OPERATIONS. (NEW)
H 126: REVISE VOLUNTARY AG. DISTRICT LAWS.
H 127: VOTER REGISTRATION DRIVE FORM.
H 128: ESTABLISH PROSTATE CANCER CONTROL PROGRAM.
H 133: NC FARMLAND AND MILITARY PROTECTION ACT.
H 134: PROHIBIT MISBRANDING OF CERTAIN FOOD PRODUCTS.
H 135: MISBRANDING/CELL-CULTURED MEAT/ENV. ASSESS.
H 137: GABE TORRES ACT.
H 139: BABY BOXES/NEWBORN SAFETY DEVICE.
H 140: AUTHORIZE GULLAH GEECHEE HERITAGE TRAIL.
H 141: THE JOE JOHN REMEMBRANCE ACT.
H 142: IMPLEMENT ZERO-BASED BUDGETING.
H 144: ELECT SBE/SUPERINTENDENT AS SBE CHAIR.
H 145: FUNDS FOR DIABETES RESEARCH INSTITUTE/UNC-CH.
H 146: REMOTE LICENSE RENEWAL/ACTIVE DUTY MILITARY.
H 149: SCHOOL FINANCIAL FLEXIBILITY PILOT PROGRAM.
H 150: EXPEDITE SURPLUS PROPERTY. (NEW).
S 13: POLITICAL TERRORISM PREVENTION ACT. (NEW)
S 24: GOVT MANDATES INCREASE HEALTHCARE COSTS.
S 94: REPEAL DEATH PENALTY.
S 95: PROMOTE NC SAWMILLS.
S 96: MODIFY INSUFFICIENT FUNDS TAX PAYMENT FEE.
S 97: SUPPORT FIREFIGHTERS FIGHTING CANCER.
S 98: FUNDS FOR DOLLY PARTON'S IMAGINATION LIBRARY.
S 99: EXTENDED-YEAR TEACHER CONTRACTS.
S 101: PROTECT TAX-ADVANTAGED ACCTS. & LIVING DONORS. (NEW)
S 103: MAKE NC SCHOOL CALENDARS GREAT AGAIN.
S 104: SENATE BOG ELECTIONS.
S 105: CONTINUING CARE RETIREMENT COMMUNITIES ACT.-AB
S 106: FUNDS/ONSLOW WATER AND SEWER AUTHORITY.
S 107: JUDGE JOE JOHN NONPARTISAN JUD. ELECTIONS ACT.
S 109: VETERANS APPRECIATION ACT.
S 110: NORTH CAROLINA WORK AND SAVE.
S 112: SCHOOL FINANCIAL FLEXIBILITY PILOT PROGRAM.
S 113: REMOVAL OF SQUATTERS FROM PRIVATE PROPERTY.
S 114: FUNDS FOR PITT CO. BOYS & GIRLS CLUBS.
S 115: GENERAL ASSEMBLY APPOINTMENTS.
Actions on Bills: 2025-02-17
H 116: VARIOUS LOCAL PROVISIONS IV. (NEW)
H 117: OCEAN ISLE BEACH/SUNSET BEACH/PARKING FEES.
H 119: SCHCALFLEX/PITT/MORF AUG 10.
H 132: SCHCALFLEX/CUMBERLAND/OPEN CAL.
H 136: TOWN OF FAITH/FOUR-YEAR TERMS.
H 138: SCHCALFLEX/GATES/CC.
H 143: MAYSVILLE OCCUPANCY TAX.
H 147: ELIZABETH CITY AND KING/DEANNEXATIONS (NEW).
H 148: SCHCALFLEX/JACKSON,SWAIN,TRANSYL/OPEN CAL.
S 37: HERTFORD COUNTY RURAL DEVELOPMENT AUTHORITY.
S 73: RICHLANDS OCCUPANCY TAX AUTHORIZATION.
S 100: SCHCALFLEX/MOORE/CC.
S 102: 18TH SENATORIAL DISTRICT LOCAL ACT-1.
S 108: JOHNSTON COUNTY/JOHNSTON CC CONSTRUCTION.
S 111: 15TH SENATORIAL DISTRICT LOCAL ACT-1.
© 2025 School of Government The University of North Carolina at Chapel Hill
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