House amendment to the second edition makes the following changes.
Section 8.
Removes the section its entirety, which was provisions codifying SL 1969-1089, as amended into Article 6B, The Lake Norman Commission," in GS Chapter 77.
Bill Summaries: H40 (2025-2026 Session)
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Bill H 40 (2025-2026)Summary date: Feb 26 2025 - View summaryBusiness and Commerce, Insurance, Occupational Licensing, Courts/Judiciary, Civil, Civil Law, Family Law, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Land Use, Planning and Zoning, Property and Housing, Education, Elementary and Secondary Education, Higher Education, Employment and Retirement, Environment, Environment/Natural Resources, Government, APA/Rule Making, General Assembly, Public Safety and Emergency Management, State Agencies, UNC System, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Insurance, Department of Military & Veterans Affairs, State Government, State Personnel, Local Government, Health and Human Services, Mental Health
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Bill H 40 (2025-2026)Summary date: Feb 11 2025 - View summary
House committee substitute to the 1st edition makes the following changes. Codifies SL 1969-1089, as amended, creating the Lake Norman Marine Commission (Commission), as new Article 6B of GS Chapter 77 (GS 77-89.1 through GS 77-89.9) as new Section 8 of the act. Amends new Article 6B, as enacted by the act, as follows. Removes provision that the Commission’s definitions apply unless context clearly require otherwise so that the definitions simply apply to new Article 6B. Modifies the definition of Wildlife Resources Commission so that it refers to the Wildlife Resources Commission established under Article 24 of GS Chapter 143. Removes reference to the governing board of the Commission in the term defining the Commission. Makes technical changes to other definitions.
Amends the powers and duties of the Commission under new GS 77-89.6 as follows. Removes power of the Commission to generally contract with persons, firms, and corporations as to all matters over which it as a proper concern. Modifies the Commission’s power to lease, purchase or otherwise obtain other supplies and equipment other than those listed so that these purchases no longer have to be necessary or desirable for carrying out the duties of the Commission. Removes limitation that any contribution in kind by one of the four member counties of the Commission be substantial in order to qualify as a substitute for that county’s financial contribution upon agreement of the other three counties. Makes technical and organizational changes.
Removes requirement that regulations promulgated by the Commission under new GS 77-89.8 (regulatory authority) not supersede provisions of State law, so regulations are only required to not conflict with State law. Changes reference from fine to civil penalty imposed for violations of the Commission’s regulations.
Deletes obsolete language, makes language gender neutral, makes technical, conforming, clarifying, and organizational changes throughout new Article 6B.
Section 21 (was, Section 20).
Clarifies that the reference in to an underground storage tank in GS 143-215.94E(e)(concerning rights and obligations for owners or operators of commercial underground storage tanks) is a commercial underground storage tank.
Section 28 (was, Section 27).
Corrects reference in Section 9A.3A of SL 2021-180 so the agency is correctly referred to as the Secretary of Health and Human Services.
Makes organizational changes to the act to account for new Section 8.
Business and Commerce, Insurance, Occupational Licensing, Courts/Judiciary, Civil, Civil Law, Family Law, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Land Use, Planning and Zoning, Property and Housing, Education, Elementary and Secondary Education, Higher Education, Employment and Retirement, Environment, Environment/Natural Resources, Government, APA/Rule Making, General Assembly, Public Safety and Emergency Management, State Agencies, UNC System, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Insurance, Department of Military & Veterans Affairs, State Government, State Personnel, Local Government, Health and Human Services, Mental Health
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Bill H 40 (2025-2026)Summary date: Feb 3 2025 - View summary
Section 1.
Repeals GS 1-18, which required that in an action in which the defense of adverse possession is relied upon, the time computed as constituting such adverse possession shall not include any possession had against a feme covert during coverture prior to February 13, 1899.
Amends GS 29-30, concerning a surviving spouse’s election to take life interest instead of intestate share, by referring to the time of the marriage instead of coverture. Amends GS 50-11, concerning the effects of divorce, to also refer to the time of marriage instead of coverture. Amends GS 52-10, concerning contracts between a husband and wife to refer to the marriage instead of coverture. Makes additional technical and clarifying changes.
Section 2.
Amends GS 1-569.17 (witnesses; subpoenas; depositions; discovery), so that a court can enforce a subpoena or discovery related order for the production of records, amongst other listed things (currently, protection of records). Makes clarifying and technical changes.
Section 3.
Makes technical changes to GS 7B-2204(d). Removes duplicative reference to juvenile justice section so that it is clear that the only agency that can approve a juvenile’s detention in a holdover or detention facility is the Division of Juvenile Justice of the Department of Public Safety (DJJ).
Section 4.
Updates references in GS 14-113.7A (excluding certain types of transactions from crimes of credit card fraud) from “credit card” to new term, “financial transaction card” as set forth in GS 14-113.8 (definitions provision of the Financial Transaction Card Crime Act). Makes technical changes.
Section 5.
Repeals Article 15A of GS Chapter 15 (pertaining to investigation of offenses involving abandonment and nonsupport of children).
Section 6.
Modernizes language and makes clarifying change to GS 58-6-25 (concerning insurance regulatory charges).
Section 7.
Recodifies a portion of Section 5 of SL 2013-357 into GS 58-50-130 (required health care plan provisions) so that the Department of Insurance has to make certain attachment point amounts available to the public annually. Makes the following changes to GS 58-50-130, as amended by the act. Amends the provision prohibiting an insurer from issuing a stop loss health insurance policy to a small employer who has an annual attachment point for claims incurred per individual that is lower than $20,000 for plan years beginning in 2013, by requiring the Department of Insurance to make the indexed amount (was, make the amount of the specified attachment points) available to the public annually. Removes outdated language. Makes additional clarifying and technical changes.
Makes a technical change to Section 12 of SL 2015-281, specifying that GS 58-50-110 is being amended. Effective January 1, 2016.
Section 8.
Amends the definition of subordinate defined in GS 89E-3 (definitions pertaining to the NC Board for Licensing Geologists) to also include geologists-in-training working under the supervision of a licensed geologist who does not assume the responsible charge of work. Amends the provisional practice provision in GS 89E-7(b)(3) for nonstate residents practicing in the State for no longer than 90 days so that it only applies to the public practice (was, just practice) of geology by those persons. Removes documents prepared for or approved by subordinate employees under the direction of a licensed geologist for use by the geologist that is either delivered to another person or made for public record in the State as requiring the geologist’s seal under GS 89E-13. Expands the type of unlawful practice of geology without a license under GS 89E-18(2) to include any kind of geology instead of the types of geology falling within the definition of geology in GS 89E-1(4) (was, unlawful practice of geology limited to the statute’s definition of geology).
Makes organizational, clarifying, and/or technical changes to GS 89E-3, GS 89E-4, GS 89E-6, GS 89E-7, GS 89E-8, GS 89E-11, GS 89E-13, GS 89E-14, GS 89E-18, GS 89E-19, GS 89E-22, and GS 89E-24. Removes outdated language from GS 89E-9 and GS 89E-18. Makes language gender neutral.
Section 9.
Amends GS 90A-53, concerning qualifications and examination for registration as an environmental health specialist or environmental health specialist intern, as follows. Amends the allowable education and practice experience standards, to now specify among the four options: (1) graduated with a bachelor's or a or postgraduate degree and earned a minimum of 30 semester hours or 45 quarter hours in the physical, biological, natural, life, or health sciences and has one or more years of experience in the field of environmental health practice; or (2) graduated with a bachelor's or postgraduate degree in public health and has one or more years of experience in the field of environmental health practice. Make additional technical changes.
Section 10.
Repeals Article 3 of GS Chapter 110 (control over childcare facilities).
Section 11.
Modernizes language, makes technical changes, and makes language gender neutral in GS 110-130 (pertaining to paternity or child support actions by designated representatives of county commissioners).
Section 12.
Amends GS 115C-284, as amended by Section 1(d) of SL 2023-125, as follows. Removes the statutory reference to powers of superintendent as part of hiring process of supervisors and principals by local boards of education. Removes selection of principal by election of the board of education of those administrative units upon recommendation of the superintendent of city schools. Makes organizational, conforming and technical changes and modernizes language.
Makes technical changes to GS 115C-299. Removes language requiring teachers in city administrative units to be elected by the local board of education upon recommendation by the superintendent of city schools.
Repeals GS 115C-315(a) (pertaining to hiring of janitors and maids by local boards of education upon recommendation by the superintendent). Removes outdated language from GS 115C-315(b) and removes reference to the statutory powers of superintendent as part of hiring process of school personnel by local boards of education.
Section 13.
Amends GS 116-30.2 (concerning appropriations to special responsibility constituent institutions) by correcting a statutory cross-reference and making technical changes. Amends GS 126-85 (protection from retaliation) by correcting a statutory cross-reference and making technical changes.
Section 14.
Amends GS 116-209.28 (pertaining to administration of scholarship by the Principal Fellows Program) to remove outdated language and update term for the NC Principal Fellows Trust Fund to conform with changes to the program set forth in SL 2022-71.
Section 15.
Repeals GS 121-42 contained in Article 4, GS Chapter 121 (directing that the article be known as the Conservation and Historic Preservation Agreements Act).
Section 16.
Allows the Revisor of Statutes to recodify the definitions in GS 126-81 so that they are in alphabetical order and make conforming changes. Recodifies GS 135-48.1(2a) as (2c).
Section 17.
Makes technical and clarifying changes, removes outdated language, and updates titles of: (1) firefighter entity Board of Trustees member to the NC Firefighters’ and Rescue Squad Worker’s Pension Fund and (2) Director of the Retirement Systems Division to the Executive Director of that division in GS 128-28 (pertaining to administration and responsibility of the Local Government Retirement System [LGERS]). Makes language gender neutral. Narrows the power of the actuary designated by the Board of Trustees in GS 128-28(m) so they cannot perform other duties required in connection with GS Chapter 128.
Amends GS 135-6, concerning the Board of Trustees Teachers' and State Employees' Retirement System by removing provisions related to the Board’s initial organization and requiring the Board to adopt rules (was, establish rules and regulations from time to time). Removes outdated language, including provisions concerning the creation of actuary tables and rates. Updates reference to GS 135-6 to reflect amendment to statute made by Section3D.1(l) of SL 2024-57. Makes additional technical and clarifying changes.
Amends GS 153A-93 (county retirement benefits) and GS 160A-163 (city and town retirement benefits) to update title of firefighter entity Board of Trustees member to the NC Firefighters’ and Rescue Squad Worker’s Pension Fund. Makes technical and clarifying changes and removes outdated language from GS 153A-93 and GS 160A-163.
Section 18.
Designates GS 140A-1 through GS 140A-6 (concerning the form and design of annual awards) as Article 1 of GS Chapter 140, with the title “North Carolina Awards.” Renames chapter State Awards (currently, State Awards System). Removes requirement that qualifying achievement occur at least four months prior to the date of the award under GS 140A-2 (concerning award period). Adds new Article 2, the “Medal of Valor of Awards.” Recodifies GS 147-12(a)(15) as GS 140A-15 and moves it to new Article 2. Makes conforming, organizational and technical changes. Removes outdated language.
Section 19.
Removes requirement under GS 143-63.1that property other than money obtained from the sale or disposal of firearms be credited to the General Fund. Makes technical changes. Updates statutory reference to reflect recodification of GS 20-187.2 to GS 17F-20(i).
Section 20.
Repeals: GS 143-215.94A(5) (defining Loan Fund); GS 143-215.94B(b)(6) (allowed expenses under the Storage Tank Cleanup Fund-reimbursement to the State for damages or other costs), GS 143-215.94B(b)(12) (allowed expenses under the Storage Tank Cleanup Fund-compensation to third parties for bodily injury and property damage in excess of $100,000); GS 143-215.94F (limited amnesty for certain underground storage tanks operated prior to October 1, 1989); and GS 143-215.94P (groundwater protection loan fund).
Makes technical, organizational changes to the definitions contained in GS 143-215.94A(2)(2a) and (7). Removes requirement that pipeline facility regulated by certain State laws be intrastate facilities to qualify under the pipeline facility exception to commercial underground storage tank definition. Removes the listed exceptions from the definition of noncommercial underground storage tank. Now limits the definition to the following storage tanks: (1) farm or residential underground storage tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) underground storage tank of 1,100 gallons or less capacity used for storing heating oil for consumptive use on the premises where stored; and (3) underground storage tank of more than 1,100 gallon capacity used for storing heating oil for consumptive use on the premises where stored by four or fewer households.
Makes technical changes and conforming changes to account for repeal of noncommercial underground storage tank cleanup fund to GS 143-215.94E (concerning owner/operator rights under the Underground Storage Tank Cleanup Fund).
Makes conforming changes to account for repeal of noncommercial underground storage tank cleanup fund to GS 143-215.94G (authority of Department of Environmental Quality [DEQ]), GS 143-215.94V (standards for petroleum underground storage tank cleanups) as amended by Section 23(1) of the act, and GS 143B-426.40A(l) (assignment of claims against the State).
Section 21.
Repeals Article 29A of GS Chapter 143 (the Governor’s Council on Employment of the Handicapped).
Section 22.
Makes technical change to GS 144-9(b), concerning the disposal of flags.
Section 23.
Recodifies the last sentence of GS 150B-37(c) under GS 150B-34 and requires the Office of Administrative Hearings to forward a written copy of an administrative law judge's final decision or order (was, final decision) to the parties. Makes additional clarifying and technical changes. Amends GS 108A-70.9A to require the Office of Administrative Hearings, instead of the administrative law judge, to forward a written copy of the judge’s decision to the Department and the recipient in accordance with GS 150B-34; makes conforming changes. Makes conforming changes to GS 108A-70.9B and GS 108D-16. Amends GS 90A-30, concerning penalties for violations of GS 90A-29, and GS 104E-24, concerning administrative penalties, by updating statutory cross-references and making additional clarifying, conforming, and technical changes. Amends GS 122C-24, concerning adverse action on a license, by removing the provision concerning sharing the decision when an appeal is filed concerning the denial, suspension, amendment, or revocation of a license. Amends GS 122C-24.1, GS 131D-34, and GS 131E-129, concerning penalties, by making conforming and clarifying changes. Amends GS 143-215.94G by making clarifying and technical changes, and removing unnecessary language.
Section 24.
Makes technical and organizational changes to GS 160D-1311 (community development programs and activities).
Section 25.
Amends GS 168-11 by making organizational changes that clarify the statute’s language; also updates the name of an NCGA committee. Makes additional technical changes.
Section 26.
Retroactive to January 1, 2023, makes the following changes. Repeals Section 9A.1(a) of SL 2022-74 (pertaining to rate adjustment dates for State-County special assistance program rates). Increases the basic rate of special assistance payment rates from $1,182 per month per resident to $1,285 per month per resident and the enhanced rate from $1,515 per month per residence to $1,647 per resident under GS 108A-42.1.
Section 27.
Amends SL 2021-180, Section 9A.3A(a) as follows. Removes requirement that the Department of Health and Human Services (DHHS), Division of Aging and Adult Services apply to the Social Security Administration for approval to allow eligible individuals residing in in home living arrangements to qualify for State County Special Assistance under the Social Security Optional State Supplement Program in the same manner as individuals residing in adult care homes or special care units. Amends Section 9A.3A(d) of SL 2021-180, as amended by Section 9A.1(b) of SL 2022-74 to indicate that the Center for Medicare and Medicaid Services (CMS) approved DHHS’s application for Medicaid coverage for individuals residing in in-home living arrangements who qualify for State-County Special Assistance under the Social Security Optional State Supplement Program effective January 1, 2023. Changes the effective date set forth in Section 9A.1.(d) of SL 2022-74 to reflect new effective date of January 1, 2023 (CMS effective date of approval of DHHS application, set forth above).
Makes conforming changes. Retroactively effective to January 1, 2023.
Business and Commerce, Insurance, Occupational Licensing, Courts/Judiciary, Civil, Civil Law, Family Law, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Land Use, Planning and Zoning, Property and Housing, Education, Elementary and Secondary Education, Higher Education, Employment and Retirement, Environment, Environment/Natural Resources, Government, APA/Rule Making, General Assembly, Public Safety and Emergency Management, State Agencies, UNC System, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Insurance, Department of Military & Veterans Affairs, State Government, State Personnel, Local Government, Health and Human Services, Mental Health