Bill Summary for H 911 (2021-2022)

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Summary date: 

Jun 30 2022

Bill Information:

View NCGA Bill Details2021
House Bill 911 (Public) Filed Monday, May 10, 2021
Intro. by Riddell, Bradford, Moffitt, Yarborough.

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Bill summary

Conference report to the 7th edition makes the following changes.

Section 3

Regarding proposed GS 130A-55(4a), which grants sanitary district boards authority to operate parks and recreation programs and facilities, explicitly prohibits the exercise of condemnation powers granted in either Article 2, Local Administration , GS Chapter 130A, or GS 160A-353 (replacing the prohibition against the exercise of the power of eminent domain). 

Adds the following new content. 

Section 11

Amends GS 53-181(c), which voids any confession of judgment by a borrower or the execution of a power of attorney by a borrower in favor of any consumer finance licensee or in favor of any third person to confess a judgment or to appear for the borrower in any judicial proceeding. Adds a new provision to specify that the subsection does not prohibit a consumer finance licensee from taking a confession of judgment from a borrower following the borrower's failure to make a payment as required under a loan contract. 

Section 12

Amends GS 87-21, which provides for licensing of plumbing, heating, and fire sprinkler contractors under Article 2. Explicitly includes in the scope of Article 2 the installation or replacement of condensing units, air handlers, gas furnaces, package units, boilers, water heaters, heat exchangers, or whole-house water purification or treatment systems, as well as the connection, repair, or alteration to the plumbing drainage, waste, or venting system or the potable water system. Explicitly excludes from the Article's scope those who clean plumbing drains. No longer requires a plumbing, heating, and fire sprinkler licensee's signature on certain retail sales and installation contracts between a retailer and a buyer where the retailer has contracted with the licensee for installation, and instead requires the installation contract to identify the licensee and provide the licensee's license number and telephone number. 

Section 13

Amends GS 95-111.3 to exclude waterslide dispatcher from the term operator defined in GS 95-111.3, applicable to Article 14B, the Amusement Device Safety Act. Adds and defines waterslide dispatcher to mean an employee who is stationed at the top of a waterslide for the purpose of maintaining the ride queue and dispatching users of the waterslide. 

Amends GS 95-111.11 to require waterslide dispatchers to be at least 16 years old.

Section 14

Enacts GS 153A-460 concerning counties, and GS 160A-499.5 concerning cities, authorizing local governments to enter into Intergovernmental Support Agreements with the Secretary of a military branch of the US Armed Forces to provide installation-support services as authorized by identified federal law. 

Section 15

Amends GS 88B-11 (North Carolina Board of Cosmetic Art Examiners (Board) – qualifications for teaching license) to do the following:

(1) Reduce the work experience required for licensure as a cosmetology teacher, esthetician teacher, manicurist teacher, or natural hair care teacher by the Board to one year (was, five years) of full-time work prior to application for licensure or completion of at least 800 hours of a teacher (was, cosmetology teacher) curriculum;

(2) Add a teaching examination requirement for licensure as a natural hair care teacher; and

(3) Change the teaching examinations required for licensure as a cosmetology teacher, esthetician teacher, or manicurist teacher to a general teaching exam.

Effective October 1, 2022.

Section 16

Amends GS 14-415.12 to include firearms safety and training courses certified or sponsored by the US Concealed Carry Association, or other named entities but taught by instructors certified by the US Concealed Carry Association, to those that satisfy concealed carry permit requirements. Applies to permit applications submitted on or after July 1, 2022.

Section 17

Amends the definition of timeshare transfer services provided in GS 93A-41 to define the term as any service provided in the State that provides assistance in the resale, transfer, relinquishment, or other disposition of a consumer timeshare reseller's timeshare (no longer including services offered in the State, or offered or provided anywhere in connection with a timeshare program containing timeshare units or a timeshare property located in the State). 

Amends GS 93A-98 to eliminate the inclusion of consumer resale timeshare properties located or offered in the State or a multisite timeshare program registered or required to be registered to be offered in the State as timeshare transfer services which constitute operating, conducting, engaging in, or carrying on a business or business venture in the State. 

Section 18

Subject to House Bill 103 (2022 Appropriations Act) becoming law, repeals Section 9B.1(c) of that act, which requires express legislative authorization for the Department of Health and Human Services' reorganization of child and family well-being programs and services, and realignment or reapportionment of State funds or federal block grant funds related to these programs and services. Effective July 1, 2022.

Section 19

Subject to House Bill 103 becoming law, amends Section 11.10(a) of that act as follows. Regarding a qualifying project in Chatham County that must be awarded a Job Development Investment Grant for the conditional appropriation provided in the Section, defines qualifying project to be a high-yield project for which the agreement requires that the business, at the project site, engage in manufacturing, and meet the private investment and job creation thresholds previously described (replacing the provisions that more narrowly required the business to manufacture computer chips). Effective July 1, 2022.

Section 20

Subject to House Bill 103 becoming law, amends Section 11.13(a) of that act as follows. Regarding the qualifying project in Randolph County that must be awarded a Job Development Investment Grant to receive the conditional appropriation provided in Section 11.19(b) of SL 2021-180 (2021 Appropriations Act), provides that if the manufacturer also meets the conditions of Section 11.19(c) of SL 2021-180, which allow the manufacture to exercise the option to increase the jobs created and private investment made to qualify the project as a Phase II transitional project at the project site, by December 31, 2024, and creates at least 4,500 eligible and expansion positions in the State (was, 5,000), additional appropriations in the specified amount are to be provided to the Department of Commerce, to be allocated as specified. Changes the allocation of the additional appropriations in House Bill 103 to require $50 million for payments to the manufacturer for creating and maintaining up to 1,125 eligible and expansion positions above 3,875 such positions (was, of the 5,000, the final 1,125 positions). Effective July 1, 2022.

Section 21

Subject to House Bill 103 becoming law, repeals Section 12.9(f), which provides four modifications to the disbursement procedure set forth in GS 159G-42 that apply with respect to the water and wastewater infrastructure projects designated in subsection (e) of the Section. Effective July 1, 2022.

Section 22

Establishes three required actions of the organization contracted by the Department of Environmental Quality, Division of Mitigation Services to develop the Flood Resiliency Blueprint under Section 5.9, SL 2021-180, including setting up a standardized model to create requirements and guidelines for major flood risk modeling datasets with statewide application. Adds two components to the required content of DMS's annual report due by July 1, 2023, under the session law, including decision support tools and an implementation plan to reduce the cost and complexity for local governments to develop projects that reduce flood risks.