North Carolina 2019-2020 Session Status: Passed House Bipartisan · 11 D · 2 R · 1 I cosponsors

HB 460 — Official State Battleship.

Last action — Passed 2nd Reading

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

43 added · 97 removed

Plain-language change summary

The bill has been revised to adopt the USS North Carolina (BB-55) as the official state battleship, replacing a previous focus on fair hiring practices for individuals with criminal histories. This change highlights North Carolina's historical pride and recognizes the USS North Carolina's significant role during World War II as a symbol of the state's contributions to the war effort. This designation can have cultural and tourism implications, potentially drawing visitors to the ship now housed as a museum in Wilmington.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 460 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 460 Committee Substitute Favorable 5/6/19 Short Title:
Fair Chance Hiring.
Official State Battleship.
Representatives Grange, Hardister, and R.
Turner (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Judiciary, if favorable, Rules, Calendar, and Operations of the House March 27, 2019 A BILL TO BE ENTITLED AN ACT DIRECTING STATE AGENCIES TO ADJUST EMPLOYMENT PRACTICES TO REDUCE BARRIERS TO EMPLOYMENT FOR INDIVIDUALS WITH A CRIMINAL HISTORY.
March 27, 2019 A BILL TO BE ENTITLED AN ACT ADOPTING THE USS NORTH CAROLINA (BB-55) AS THE OFFICIAL STATE BATTLESHIP.
The General Assembly of North Carolina enacts:
Whereas, the USS North Carolina (BB-55) became the first of 10 fast battleships to join the American fleet during World War II;
and Whereas, the USS North Carolina (BB-55) was commissioned on April 9, 1941, and was considered the world's greatest sea weapon;
and Whereas, during the war, the crew of the USS North Carolina (BB-55) consisted of 144 commissioned officers and 2,195 enlisted men, including about 100 Marines;
and Whereas, the USS North Carolina (BB-55) participated in every major naval offensive in the Pacific area of operations and earned 15 battle stars;
and Whereas, the USS North Carolina(BB-55)served as atrainingvessel formidshipmen before being decommissioned on June 27, 1947;
and Whereas, in 1958, citizens of North Carolina began a statewide campaign known as Save Our Ship (SOS) to save the ship from being scrapped;
and Whereas, the USS North Carolina (BB-55) was moored in Wilmington on October 2, 1961;
and Whereas, on April 29, 1962, the ship was dedicated as a historic landmark, a museum collecting and interpreting all ships named "North Carolina," and as a memorial to the World War II veterans and the 11,000 North Carolinians of all branches of service who died during the war;
and Whereas, in March 1986, the USS North Carolina (BB-55) became one of 22 ships to be registered as a national historic landmark;
and Whereas, the USS North Carolina (BB-55) is a State historic site and a major tourist attraction, bringing in between $1.5 to $3.5 million annually to the State and local economy and attracting over 250,000 visitors;
and Whereas, the USS North Carolina (BB-55) accounts for over 3,500 jobs in New Hanover County each year;
and Whereas, the USS North Carolina (BB-55) should be adopted as an official State symbol;
Now, therefore, The General Assembly of North Carolina enacts:
Article 6 of Chapter 126 of the General Statutes is amended by adding a new section to read:
Chapter 145 of the General Statutes is amended by adding a new section to read:
"§ 126-20.
"§ 145-53.
State agency hiring practices;
Official State battleship.
criminal histories.
The Battleship USS North Carolina (BB-55) is adopted as the official warship of the State of North Carolina." *H460-v-2* General Assembly Of North Carolina Session 2019 SECTION 2.
(a) Definitions.
This act is effective when it becomes law.
– The following definitions apply in this section:
Page 2 House Bill 460-Second Edition
(1) Applicant.
– Any individual considered for, or who requests to be considered for, employment with the State or any current State employee considered for, or who requests to be considered for, another position in State employment.
(2) Criminal history.
– A State or federal conviction of a crime, whether a misdemeanor or felony.
The term includes a record of arrests that have not resulted in a conviction and those that have resulted in a favorable disposition such as a dismissal or a verdict of not guilty.
(3) Inquiry.
– Anydirect or indirect conduct intended to gather information, using any mode of communication.
(b) Findings and Purpose.
– The General Assembly finds that the ability to procure meaningful employment is essential to reinstating good citizenship for individuals who have a criminal record.
The General Assembly declares that the State encourages the successful reintegration of people with a criminal history and recognizes that reducing barriers to employment for persons with a criminal history is a matter of statewide concern.
The purpose of this section is to implement hiring practices that will increase employment opportunities and will reduce recidivism and improve community stability.
(c) Scope.
– This section applies to all State agencies and positions in State government employment, except that this section does not apply to any of the following:
(1) A position for which State or federal law specificallydisqualifies an applicant with a record of conviction for one or more specified offenses.
(2) A position the duties of which are related to the investigation, apprehension, detention, or post-release supervision of individuals suspected or convicted of committing criminal offenses, including law enforcement officers, correctional officers, and probation and parole officers.
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(d) Applicant Criminal History.
– An applicant shall not be asked to disclose, orally or in writing, information concerning the applicant's criminal record or history, including any inquiry *H460-v-1* General Assembly Of North Carolina Session 2019 on any employment application, until the applicant has (i) received a conditional offer of employment and (ii) signed the appropriate waiver authorizing release.
(e) Opportunity to Respond.
– If a background check has been lawfully completed and a criminal history exists, the State agency must inform the applicant of a potential adverse employment decision based on the background check report and must provide the applicant an opportunity to respond with information pertaining to the following factors prior to a final decision:
(1) That the applicant was not correctly identified in the background check report or that the report is otherwise inaccurate.
(2) Potentially mitigating circumstances of the conviction or convictions.
(3) The applicant's efforts toward rehabilitation.
(f) Consideration.
– If a background check has been lawfully completed and a criminal history exists, the following criteria shall be considered by the State agency before either proffering or denying an offer of employment:
(1) The nature and gravity of the offense.
(2) The length of time that has elapsed since the offense occurred.
(3) The age of the person at the time of the conviction.
(4) Whether the offense is reasonably related to the duties and responsibilities of the employment sought by the applicant.
(5) Whether the position offers the opportunity for the same or a similar offense to occur.
(6) Whether the position involves direct responsibility for the care of individuals susceptible to abuse or mistreatment because of the individual's circumstances, including the individual's age, disability, frailty, mental health disorder, developmental disability, or ill health.
(7) Anyinformation pertainingto the degree of rehabilitation that mayhave taken place in the applicant.
(g) RecordofArrest orExpungement.– Arecordofarrest thatdid notresult inconviction or a record which has been expunged shall not be the basis for disqualification from public employment.
(h) Violations of This Section.
– A grievance concerning an alleged violation of this section may be brought by an applicant under G.S.
126-34.01 and G.S.
126-34.02.
(i) Data Collection.
– Each State agency shall maintain a record of (i) the number and percentage of applicants given a conditional offer of employment who are thereafter determined to have a criminal history and (ii) the number and percentage of the aforementioned applicants who have a criminal historywho receive a final offer of employment from the agency.
Each State agency shall report this information annually to the Office of State Human Resources.
By April 1, 2021, and then annually thereafter, the Office of State Human Resources shall compile this information and make it available to the public.
(j) Construction.
– Nothing in this section shall be construed to require the performance of a criminal history background check when one is not otherwise required by law or policy.
(k) Non-State Employers.
– The General Assembly encourages comparable hiring practices among local governments and private employers operating in the State." SECTION 2.
G.S.
126-34.02(b) is amended by adding a new subdivision to read:
"(b) The following issues may be heard as contested cases after completion of the agency grievance procedure and the Office of State Human Resources review:
… (7) Criminal history.
– A grievance arising under G.S.
126-20 that is related to an applicant's or State employee's criminal history." SECTION 3.
G.S.
126-5 is amended by adding a new subsection to read:
Page 2 House Bill 460-First Edition General Assembly Of North Carolina Session 2019 "(c15) Notwithstanding any other provision of this Chapter, the provisions of G.S.
126-20 applyto all Stateemployees and applicants forStateemployment, except as specificallyexcluded by that section." SECTION 4.
This act is effective when it becomes law and applies to positions posted for State employment on or after that date.
House Bill 460-First Edition Page 3
View plain text versions (3)

Action History

  1. Passed 2nd Reading

  2. Passed 3rd Reading

  3. Special Message Sent To Senate

  4. Special Message Received From House

  5. Passed 1st Reading

  6. Ref To Com On Rules and Operations of the Senate

  7. Withdrawn From Com

  8. Re-ref Com On Rules, Calendar, and Operations of the House

  9. Reptd Fav Com Substitute

  10. Cal Pursuant Rule 36(b)

  11. Placed On Cal For 05/07/2019

  12. Passed 1st Reading

  13. Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

  14. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 21 co-sponsors · 156 not signed on

Sponsors (2)

  • Grange
  • Hardister

Co-sponsors (21)

Not signed on (156)

156 members have not signed on to this bill.

Show all 156 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 113 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 24001
Republican 32001
Unaffiliated 55005
U 2000
Total 113007
% of votes cast 94%0%0%6%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Floyd — Not Voting
Insko — Not Voting
Dobson — Not Voting
Elmore — Not Voting
L. Johnson — Not Voting
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Not Voting
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Not Voting
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

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Subjects

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Frequently asked questions

Who sponsors HB 460?
HB 460 is sponsored by Grange, Hardister, Adcock, Cynthia Ball (Democratic), Mary Belk (Democratic), Carla D. Cunningham (U), Faircloth, Fisher, Fraley, Pricey Harrison (Democratic), Holley, Insko, McGrady, Marcia Morey (Democratic), Robert T. Reives, II (Democratic), Larry C. Strickland (Republican), Shelly Willingham (Democratic), Harry Warren (Republican), Dante Pittman (Democratic), Carolyn G. Logan (Democratic), Joe John (Democratic), Cecil Brockman (Democratic), and Brian Turner (Democratic).
What is the current status of HB 460?
This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 460?
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