HB 40 — Various General Statutes Commission Recommendations.

(4) Four counties:

Four counties.

– Catawba, Iredell, Lincoln, and Mecklenburg Counties.

(5) Joint resolution:

resolution.

– A resolution substantially identical in content adopted separately by the board in each of the four counties.

House Bill 40-Second Edition Page 9 General Assembly Of North Carolina Session 2025 (6) Lake Norman:

Norman.

– The impounded body of water along the Catawba River in the four counties extending from the bridge crossing of Rural Road 1004 downstream to Cowans Ford Dam.

(7) Shoreline area:

area.

– Except as modified by a joint resolution of the four counties, the area within the four counties lying within one mile of the mean high water line of Lake Norman.

In addition, the shoreline area shall include This term also includes all islands within Lake Norman and all peninsulas extending into the waters of Lake Norman.

(8) Wildlife Commission:

Resources Commission.

– The North Carolina Wildlife Resources Commission.Commission established under Article 24 of Chapter 143 of the General Statutes.

"§ 77-89.2.

Creation of Commission authorized.

The counties of Catawba, Iredell, Lincoln, and Mecklenburg are hereby authorized may by joint resolution to create the Lake Norman Marine Commission.

Upon its creation creation, the Commission shall enjoy the powers and have the duties has the powers, duties, and responsibilities conferred upon it by the joint resolution, subject to the provisions of this Act.

Article.

The provisions of any joint resolution may be modified, amended, or rescinded by a subsequent joint resolution.

A county may unilaterally withdraw from participation as required by any joint resolution or the provisions of this Act, Article, once the Commission has been created, and any county may unilaterally withdraw from said commission the Commission at the end of any budget period.

Upon the effectuation of such the withdrawal, the Commission is dissolved until reestablished under the provisions of this Act Article or any successor act, and all property of the Commission shall be distributed to or divided among the four counties and any other public agency or agencies serving the Lake Norman area in a manner deemed equitable by the four counties.

"§ 77-89.3.

Terms of members.

(a) Upon its creation, the Commission shall have has a governing board of five commissioners.

Except as otherwise provided for the first five-year period, each commissioner shall serve a five-year term, with commissioners to serve overlapping terms so that one commissioner appointment is made each year.

Upon creation of the Commission, the board of Catawba Countyshall appoint two commissioners and the boards of the other three counties shall appoint one each.

These initial appointees shall serve until September 30 following their appointment.

Thereafter, appointments shall be made each October 1 by the respective boards of the four counties as follows:

(1) First year:

Commissioner from Catawba, one-year term;

commissioner from Iredell, two-year term;

commissioner from Lincoln, three-year term;

commissioner from Mecklenburg, four-year term;

commissioner from Catawba, five-year term.

(2) Second year:

Commissioner from Iredell, five-year term.

(3) Third year:

Commissioner from Lincoln, five-year term.

(4) Fourth year:

Commissioner from Mecklenburg, five-year term.

(5) Fifth year:

Commissioner from Catawba, five-year term.

(6) Sixth and succeeding years:

appointments for five-year terms in rotation by county in the order set out above.in this subsection.

(b) In the event of death of a commissioner, resignation, incapacity or inability to serve, as determined by the board appointing such the commissioner, or removal of the commissioner for cause, as determined by the board appointing such the commissioner, the board affected may appoint another commissioner to fill the unexpired term.

"§ 77-89.4.

Compensation;

budgetary and accounting procedures.

The joint resolution of the four counties shall state the terms relating to the compensation to of commissioners, if any, compensation of consultants and staff members employed by the Page 10 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 Commission, and reimbursement of expenses incurred by commissioners, consultants, and employees.

The Commission shall be is governed by such any budgetary and accounting procedures as may be specified by joint resolution.

"§ 77-89.5.

Organization and meetings.

Upon creation of the Commission, its governing board shall meet at a time and place agreed upon by the boards of the four counties concerned.

counties.

The commissioners shall elect a chairman chair and such any other officers as that they may choose.

All officers shall serve one-year terms.

The governing board shall adopt such rules and regulations as it may deem necessary, not inconsistent with the provisions of this Act Article or of any joint resolution, for the proper discharge of its duties and for the governance of the Commission.

The chairman chair may appoint such committees as maybe that have been authorized by such rules and regulations.

regulation.TheCommissionshallmeetregularlyat suchanytimesandplacesasmaybespecified in its rules and regulations or in any joint resolution.

Special meetings may be called as specified in the rules and regulations.

"§ 77-89.6.

Powers of Commission;

administrative provision.

(a) Within the limits of funds available to it and subject to the provisions of this Act Article and of any joint resolution, the Commission may:may do all of the following:

(1) Hire and Fix fix the compensation of permanent and temporary employees and staff as it may deem that are necessary in carrying out its duties.

(2) Contract with consultants for such services as it may require.services.

(3) Contract with the State of North Carolina or the Federal Government, federal government, or any agency or department or subdivision thereof, for such property or services as may be provided to or by such agencies, and carry out the provisions of such contracts.or any other person.

(4) Contract with persons, firms, and corporations generally as to all matters over which it has a proper concern, and carry out the provisions of such contracts.

(5)(4) Lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, staff and lease, rent, purchase, or otherwise obtain furniture, fixtures, aircraft, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this Act.equipment.

(6)(5) Lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following:

parks, shoreline and water recreational areas, swimming pools and swimming areas, marinas, fishing piers, boat docks, boating and fishing access areas, navigation aids, waterway markers, public information signs and notices, and other items of real and personal propertydesigned to enhance public recreation, public safetyin Lake Norman and its shoreline area, or protection of property in the shoreline area.

(b) The Commission mayaccept, receive, and disburse in furtherance of its functions any funds, grants, services, or property made available by the Federal Government federal government or its agencies or subdivisions, by the State Government or its agencies or subdivisions, or by private and civic sources.

(c) The boards of the four counties may appropriate funds to the Commission out of surplus funds or funds derived from nontax sources.

They may also appropriate funds out of tax revenues and may also levy annually levy taxes for the payment of such the appropriation as a special purpose, in addition to any allowed by the Constitution.purpose.

(d) The Commission shall be is subject to such any audit requirements as may be specified in any joint resolution.

(e) In carrying out some or all of its duties and in either in addition to or in lieu of exercising various provisions of the above authorizations, the The Commission may, with the House Bill 40-Second Edition Page 11 General Assembly Of North Carolina Session 2025 agreement of the board of the county concerned, utilize personnel and property of or assign responsibilities to any officer or employee of any of the four counties.

Such A contribution in kind, if substantial, may kind may, with the agreement of the other three counties counties, be deemed to substitute a substitute, in whole or in part part, for the financial contribution required of such the county in support of the Commission.

(f) Unless otherwisespecifiedbyjoint resolution, each ofthefourcounties shall annually contribute an equal financial contribution to the Commission in an amount appropriate to support the activities of the Commission in carrying out its duties.

"§ 77-89.7.

Filing and publication of joint resolutions.

(a) A copy of the joint resolution creating the Commission and of any joint resolution amending or repealing the joint resolution creating the Commission shall be filed with the Executive Director of the Wildlife Resources Commission.

When the Executive Director receives resolutions that are in substance identical from all four counties concerned, the Executive Director shall within ten days so certify and distribute a certified single resolution text to the following:

(1) The Secretary of State.

(2) The Director of the Department of Local Affairs.

(3)(2) The clerk to the board of county commissioners of each of the four counties.

(4)(3) The clerk of superior court of each of the four counties.

Upon request, the Executive Director shall also send a certified single copy of any and all applicable joint resolutions to the chairman chair of the Commission.

(b) Unless a joint resolution specifies a later date, it shall take takes effect when the Executive Director's certified text has been submitted to the Secretary of State for filing.

Certifications of the Executive Director under the seal of the Commission as to the text or amended text of any joint resolution and of the date or dates of submission to the Secretary of State shall be are admissible in evidence in any court.

Certifications by any clerk of superior court of the text of any certified resolution filed with him the clerk by the Executive Director shall also be are also admissible in evidence evidence, and the Executive Director's submission of the resolution for filing to the clerk shall constitute constitutes prima facie evidence that such the resolution was on the date of submission also submitted for filing with the Secretary of State.

Except for the certificate of a clerk as to receipt and date of submission, no evidence may shall be admitted in court concerning the submission of the certified text of any resolution by the Executive Director to any person other than the Secretary of State.

"§ 77-89.8.

Regulatory authority.

(a) Except as limited in subsection (b) below, by subsection (c) of this section, by restrictions in any joint resolution, and or by other supervening provisions of law, the Commission maymake regulations applicable to Lake Norman and its shoreline area concerning all matters relating to or affecting public recreation and water safety.

These regulations mayshall not conflict with or supersede provisions of general or special Acts or of regulations of State agencies promulgated under the authority of general law.

State law.

In lieu of or in addition to passing regulations supplementary to State law and regulations concerning the operation of vessels on Lake Norman, these regulations, the Commission may, after public notice, request that theWildlifeResources Commission passlocal regulations rules on this subject in accordance with the procedure established in G.S.

75A-15.

(b) Violation of any regulation of the Commission commanding or prohibiting an act shall be a misdemeanor is punishable by a fine civil penalty not to exceed five hundred dollars ($500.00) per violation.

(c) Theregulations promulgatedunderthis Section takeeffect upon passageoruponsuch dates as maybe stipulated in the regulations except that no regulation may No regulation adopted under this section shall be enforced unless adequate notice of the regulation has been posted in or on Lake Norman or its shoreline area.

Adequate notice as to a regulation affecting only a Page 12 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question.

Where location.

If a regulation applies generally as to Lake Norman or its shoreline area, or both, there must shall be a posting of notices, signs, or markers communicating the its essential provisions in at least three different places throughout the area.

(d) A copy of each regulation promulgated under this Section must adopted under this section shall be filed by the Commission with the following persons:

(1) The Secretary of State, in accordance with G.S.

143-195 to - 198.State.

(2) The clerk of superior court of each of the four counties, in accordance with G.S.

143-198.1.counties.

(3) The Executive Director of the Wildlife Resources Commission.

(4) The Director of the Department of Local Affairs.

(e) Any official designated in subsection (d) above of this section may issue certified copies of regulations filed with him under the seal of his office.

Such the official.

The certified copies may be received in evidence in any proceeding.

(f) Publicationandfilingofregulations promulgatedunderthisSectionasrequiredabove is adopted under this section are for informational purposes and shall not be are not a prerequisite to their validity if they in fact have been duly promulgated, adopted, the public has been notified as to the substance of the regulations, their substance, a copy of the text of all regulations is in fact available to any person who that may be affected, and no party to any proceeding has been prejudiced by any defect that may exist with respect to publication and filing.

Rules and regulations promulgated Regulations adopted by the Commission under the provisions of other sections of this Act Article relating to internal governance of the Commission need not are not required to be filed or published.

Where If posting of any sign, notice, or marker or the making of other communication is essential to the validity of a regulation duly promulgated, regulation, it shall be is presumed in any proceeding that proper notice was given and maintained and the burden shall lie lies upon the party asserting to the contrary to prove lack of adequate notice of any the regulation.

(g) Under authorization of a joint resolution, and subject to the limitations of this section, the Commission may regulate personal watercraft operation in Lake Norman and from its shoreline.shoreline area.

"§ 77-89.9.

Enforcement.

(a) Where If a joint resolution so provides, all law enforcement officers (or such any officers as may be designated in the joint resolution) with territorial jurisdiction as to any part of Lake Norman or its shoreline area shall, area, within the limitations of their subject matter jurisdiction, have the authority of peace officers in enforcing the laws over all of Lake Norman and its shoreline area.

(b) Where If a joint resolution so provides, the Commission may hire special officers to patrol and enforce the laws on Lake Norman and its shoreline area.

Such These special officers shall have and exercise all the powers of peace officers generally within the area in question and this area.

These special officers shall take the oaths oath of a law enforcement officer and be are subject to all provisions of law relating to law enforcement officers.

(c) Unlessajointresolutionprovidestothecontrary,allcourtsinthefourcounties,within the limits of their subject matter jurisdiction, shall have concurrent jurisdiction as to all criminal offenses arising within the boundaries of Lake Norman and its shoreline area.

(d) Where If a law enforcement officer with jurisdiction over any part of Lake Norman or its shoreline area is performing duties relating to the enforcement of the laws on Lake Norman or in its shoreline area, he shall have such the officer also has any extra-territorial jurisdiction as may be that is necessary to perform such these duties.

These duties include investigations any of the following:

House Bill 40-Second Edition Page 13 General Assembly Of North Carolina Session 2025 (1) Investigations of crimes an officer reasonablybelieves have been, or are about to be, committed within the area in question;

traversing area.

(2) Traversing by reasonable routes from one portion of such the area to another although across territory not within the boundaries of Lake Norman and its shoreline area;

conducting portion even if the route is not contained within the area.

(3) Conducting prisoners in custody to such a court or detention facilities as may be authorized by law, although this may involve going outside the area in question;

execution facility even if the court or facility is not within the area.

(4) Execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that such process may not be executed by virtue of this provision area.

This subdivision, however, does not apply beyond the boundaries of the four continuing counties;counties.

(5) Continuing pursuit of and arresting any violator or suspected violator as to which whose grounds for arrest arose within the area in question.

Where area.

(e) If any law enforcement officers are given additional territorial jurisdiction under the provisions of this Section, this section, this shall be act is deemed an extension of the duties of the office held and no officer shall take any additional oath or title of office." SECTION 8.(d) G.S.

77-113 reads as rewritten:

"§ 77-113.

Membership;

terms of office;

eligibility for appointment;

meetings.

(a) The Catawba/Wateree River Basin Advisory Commission shall be composed of 15 members as follows:

… (10) One person to represent the following commissions, appointed jointly by the three chief executive officers chairs of the commissions:

the Lake Wylie Marine Commission established pursuant to Article 4 of Chapter 77 of the General Statutes, the Mountain Island Lake Marine Commission established pursuant to Article 6 of Chapter 77 of the General Statutes, and the Lake Norman Marine Commission established pursuant to Chapter 1089 of the 1969 Session Laws.Article 6B of Chapter 77 of the General Statutes.

… (c) Each member appointed to the commissions pursuant to subdivisions (1) and (2) of subsections (a) and (b) of this section shall serve at the pleasure of the appointing authority so long as the member remains a Representative or Senator.

Each member appointed to the commissions pursuant to subdivisions (3) and (4) of subsections (a) and (b) of this section shall serve as provided by the General Assembly of South Carolina.

Each member appointed to the commissions pursuant to subdivisions (7) through (9) of subsection (a) and subdivisions (8) through (10) of subsection (b) of this section shall serve for so long as the member continues in the qualifying position or, if the member is a designee, at the pleasure of the designating authority.

Each member appointed to the commissions pursuant to subdivisions (6) and (10) of subsection (a) and subdivisions (7) and (11) of subsection (b) of this section shall serve a term of two years and may be reappointed to serve no more than three consecutive full terms or 84 consecutive months, whichever is greater.

The term of a person appointed to the commission pursuant to subdivision (10) of subsection (a) of this section shall expire expires on 1 January of even-numbered years.

The term of a person appointed to the commission pursuant to subdivision (6) of subsection (a) of this section shall expire expires on 1 Januaryof odd-numbered years.

The term of a member who is appointed to the commissions pursuant to subdivisions (5) and (11) of subsection (a)and subdivisions (5)and(6)ofsubsection (b)ofthis sectionshall serveas provided bytheGeneralAssemblyofSouthCarolina.Anappointmenttofillavacancyonthecommissions shall be for the unexpired portion of the term.

A vacancy on the commissions shall be filled in Page 14 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 the same manner as the original appointment.

Members of the commissions who are appointed from or reside in North Carolina may be removed by the Governor of North Carolina for misfeasance, malfeasance, or nonfeasance, as provided in G.S.

143B-13.

… (f) Each commission shall meet upon the call of the Chair.

A majority of each commission shall constitute constitutes a quorum for the transaction of business.

…." SECTION 9.(a) G.S.

A geologist-in-training working under the supervision of a licensed geologist." SECTION 9.(b)8.(b) G.S.

House Bill 40-First Edition Page 9 General Assembly Of North Carolina Session 2025 "§ 89E-4.

…." SECTION 9.(c)8.(c) G.S.

House Bill 40-Second Edition Page 15 General Assembly Of North Carolina Session 2025 "§ 89E-6.

This exemption does not permit any such a subordinate to practice geology for others in his the subordinate's own right or use the term "licensed geologist"." SECTION 9.(d)8.(d) G.S.

or (3) The public practice of geologyby a person who is not a resident of and having has no established place of business in this State, or who State or has recently becomearesidenthereof,practicingorofferingofthisStateand whopractices or offers to practice herein in this State for more than 90 days in any calendar year the profession of geology, if he if the person is licensed in another state or qualified as defined herein, if he shall have state, has filed with the Board Page 10 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 an application for a license license, and shall have has paid the fee required by this Chapter.

Such A practice shall be under this exemption is deemed a provisional practice and shall continue only for such the time as the Board requires reasonably for the consideration of the applicant for licensing under this Chapter as a geologist." SECTION 9.(e)8.(e) G.S.

Page 16 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 Anapplicationforlicensingasageologistshallbemadeunderoath,shallshowtheapplicant's education and a summary of his the applicant's geological work, plus and shall set out any other relevant criteria to be determined by the Board.

The Board shall have the power to determine a reasonable application fee which that shall accompany each application." SECTION 9.(f)8.(f) G.S.

The adequacy of the required supervision and the experience shall be determined by the Board in accordance with the standards set forth in regulations rules adopted by it." SECTION 9.(g)8.(g) G.S.

A person holding a license to engage in the practice of geology, on the basis of comparable licensing requirements issued to him by a proper authority by the State, territory, or possession of the United States or the District of Columbia, and who, in the opinion of the Board otherwise House Bill 40-First Edition Page 11 General Assembly Of North Carolina Session 2025 meets the requirements of this Chapter based upon verified evidence may, upon application, be licensed without further examination." SECTION 9.(h)8.(h) G.S.

House Bill 40-Second Edition Page 17 General Assembly Of North Carolina Session 2025 All drawings, reports reports, or other geologic papers or documents involving geologic work as defined in this Chapter which shall have been that are prepared or approved by a licensed geologist or a subordinate employee under his direction for the use of or geologist, or a nonresident geologist who has been exempted under this Chapter, for delivery to any person or for public record within in this State shall be signed by him or her and impressed with the said seal or the seal of a nonresident practicing under the provisions of this Chapter, either of which shall indicate his or her responsibilitytherefor.the geologist.

The signature and seal each indicate the geologist's responsibility for the papers or documents." SECTION 9.(i)8.(i) G.S.

…." SECTION 9.(j)8.(j) G.S.

(4) It shall be unlawful for any For a person to affix his or her signature to or to stamp a licensed geologist's signature, stamp, or seal to any plans, plats, reports, or other documents after the licensing of the person named thereon if the geologist's license has expired or has been suspended or revoked revoked, unless the license has since been renewed or reissued." SECTION 9.(k)8.(k) G.S.

… Page 12 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 (b) If the Board finds that alicensee is professionallyincompetent, the Board mayrequire the licensee to take an oral or written examination or to meet other requirements to demonstrate the licensee's fitness to practice geology, and the Board may suspend the licensee's license until he or she the licensee establishes professional competence to the satisfaction of the Board.

…." SECTION 9.(l)8.(l) G.S.

Page 18 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 Any person who shall willfully practice publicly, or offer to practice publicly, geology for other natural or corporate persons in this State without being licensed in accordance with the provisions of this Chapter, or any person presenting or attempting to use as his own the license or the seal of another, another as the person's own, or any person who shall give any false or forged evidence of any kind in obtaining a license, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or revoked license or practice at any time during a period the Board has suspended or revoked the license, or any person who shall violate the provisions of this Chapter shall be guilty of a Class 2 misdemeanor." SECTION 9.(m)8.(m) G.S.

The Attorney General or any assistant or associate in the Department of Justice selected by him the Attorney General shall act as legal advisor to the Board." SECTION 10.9.

House Bill 40-First Edition Page 13 General Assembly Of North Carolina Session 2025 (6) Has passed an examination administered by the Board designed to test for competence in the subject matters of environmental health sanitation.

A person shall not be registered if such the person fails to meet the minimum grade requirements for examination specified by House Bill 40-Second Edition Page 19 General Assembly Of North Carolina Session 2025 the Board.

90A-53 of this section and is in the field of environmental health practice." SECTION 11.10.

SECTION 12.11.

The parent shall not thereafter be prosecuted for any criminal act involved in theconceptionofthechild whosepaternityis in issue and/ororforwhom support is sought, except for perjury committed in this testimony." SECTION 13.(a)12.(a) G.S.

Page 14 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 (c) Repealed by Session Laws 2023-125, s.

Page 20 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 (e) The State Board shall not issue provisional licenses for principals.

(h) All principals and supervisors employed in the public schools of the State or in schools receiving public funds, shall be required either to hold or be qualified to hold a license in compliance with the provision of the law or in accordance with the regulations of the State Board of Education." SECTION 13.(b)12.(b) G.S.

nor shall anylocal board of education refuse to employ such a the person on such these grounds." SECTION 13.(c)12.(c) G.S.

SECTION 13.(d)12.(d) G.S.

The recommended system for allotting noncertified support personnel shall include the proposed State's funding obligation for these positions and shall be developed in consultation with school-based support personnel or their representatives." House Bill 40-First Edition Page 15 General Assembly Of North Carolina Session 2025 SECTION 14.(a)13.(a) G.S.

143C-6-4 House Bill 40-Second Edition Page 21 General Assembly Of North Carolina Session 2025 andG.S.

9.11(f), effective July 1, 2007." SECTION 14.(b)13.(b) G.S.

120-19." SECTION 15.14.

Page 16 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 (a) The Authority shall, as of July 1, 2021, shall administer all outstanding scholarship loans previously awarded by the former North Carolina Principal Fellows Commission and subject to repayment under the former Principal Fellows Program administered pursuant to Article 5C of this Chapter.

(b) All funds received by the Authority in association with its administration of the Principal Fellows Program, including all funds received as repayment of scholarship loans and Page 22 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 all interest earned on these funds, shall be deposited into the North Carolina Principal Fellows and TP3 Trust Fund established in G.S.

116-74.41B." SECTION 16.15.

SECTION 17.(a)16.(a) The Revisor of Statutes may recodify the definitions in G.S.

SECTION 17.(b)16.(b) Subdivision (2a) of G.S.

SECTION 18.(a)17.(a) G.S.

House Bill 40-First Edition Page 17 General Assembly Of North Carolina Session 2025 (7) One member shall be a retired, Fair Labor Standards Act nonexempt, local governmental employee of an employer;

House Bill 40-Second Edition Page 23 General Assembly Of North Carolina Session 2025 The Governor shall designate eight members on April 1 of years in which an election is held for the office of Governor, or as soon thereafter as possible, and each of the eight members designated by the Governor shall serve on the Board in addition to the regular duties of their the member's city, town, or county office:

Page 18 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 (j) Record of Proceedings;

It shall publish annually a report showing the fiscal transactions of the Retirement System for the preceding year, the amount of the accumulated cash and securities of the System, and the last balance sheet showing the financial condition of the System by means of an actuarial valuation of the assets and Page 24 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 liabilities of the Retirement System.

The Board of House Bill 40-First Edition Page 19 General Assembly Of North Carolina Session 2025 Trustees shall adopt tables and certifyrates, and as soon as practicable thereafter the actuaryshall make a valuation based on such tables and rates of the assets and liabilities of the funds created by this Chapter.

(o) In the year 1945, and at least once in each five-year period thereafter, At least once every five years, the actuary shall make an actuarial investigation into the mortality, service House Bill 40-Second Edition Page 25 General Assembly Of North Carolina Session 2025 service,andcompensationexperienceofthemembersandbeneficiariesoftheRetirementSystem and shall make a valuation of the assets and liabilities of the funds of the System.

Page 20 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 (2) Have such access To have access to persons, records, papers, reports, vouchers, correspondence, books, and any other documentation that is in the possession of any individual, private corporation, institution, association, board, or other organization which pertain pertaining to the following:

Page 26 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 b.

House Bill 40-First Edition Page 21 General Assembly Of North Carolina Session 2025 (u) Immunity.

House Bill 40-Second Edition Page 27 General Assembly Of North Carolina Session 2025 (3) The person committed gross negligence or willful or wanton misconduct that resulted in the damages or injury.

(5) The person incurred the liability from the operation of a motor vehicle." SECTION 18.(b)17.(b) G.S.

Such The oath shall be subscribed to by the member trustee making it, Page 22 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 and certified by the officer before whom it is taken, and immediately filed in the office of the Secretary of State.

Page 28 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 (e1) Effect of Vote Related to Contributory Death Benefit.

A person serving on the medical board shall be Medical Board is immune individually from civil liability for monetary damages, except to the extent House Bill 40-First Edition Page 23 General Assembly Of North Carolina Session 2025 covered by insurance, for any act or failure to act arising out of that service, except where unless any of the following apply:applies:

House Bill 40-Second Edition Page 29 General Assembly Of North Carolina Session 2025 (5) The person incurred the liability from the operation of a motor vehicle.

The annual valuation shall include a supplementary section Page 24 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 that provides an analysis of assets on a market basis using the 30-year treasury rate as of December 31 of the year of the valuation as the discount rate.

(p) Notwithstanding any law, rule, regulation or policy law to the contrary, any board, agency, department, institution institution, or subdivision of the State maintaining lists of names and addresses in the administration of their its programs may upon request provide to the Page 30 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 Retirement System information limited to social security numbers, current name and addresses of persons identified by the System as members, beneficiaries, and beneficiaries of members of the System.

Copies of the records of social and medical services provided to a beneficiary will permit verification of the health or other status of a beneficiary as required for the payment of benefits under Article 1, House Bill 40-First Edition Page 25 General Assembly Of North Carolina Session 2025 Article 4, or Article 6 of this Chapter.

House Bill 40-Second Edition Page 31 General Assembly Of North Carolina Session 2025 (r) Compliance or Fraud Investigative Reports and Work Papers.

(u) TheTreasurermaydesignatelegal counsel, includingprivate counsel, to represent the interests of the administration of benefit programs under this Chapter." SECTION 18.(c)17.(c) G.S.

Page 26 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 (b) No county may shall make payments into a retirement system or plan established or authorized by a local act unless the system or plan is certified to be actuarially sound by a qualified actuary as defined in subsection (c) of this section.

Such Page 32 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 The health insurance may be paid entirely by the county, partly by the county and former officer or employee, or entirely by the former officer or employee, at the option of the county.

Counties mayinvest deferred compensation plan funds in life insurance, fixed or variable annuities and retirement income contracts, regulated investment trusts, or other forms of investments approved by the Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan." SECTION 18.(d)17.(d) G.S.

House Bill 40-First Edition Page 27 General Assembly Of North Carolina Session 2025 (d) A qualified actuary means an individual certified as qualified by the Commissioner of Insurance, or any member of the American Academy of Actuaries.

House Bill 40-Second Edition Page 33 General Assembly Of North Carolina Session 2025 (f) Thecouncil mayprovide adeferred compensation plan.

128-27(e)(1)." SECTION 19.(a)18.(a) The title of Chapter 140A of the General Statutes reads as rewritten:

"State Awards System.Awards." SECTION 19.(b)18.(b) Chapter 140A of the General Statutes is amended by designating G.S.

140A-6 as Article 1 with the heading "North Carolina Awards." SECTION 19.(c)18.(c) G.S.

These recognitions shall be known as the North Carolina Awards for Literature, Science, the Fine Arts Arts, and Public Service, and shall be conferred upon citizens of North Carolina for the most notable attainments in these respective fields during the current year, terminating four months before the date of award, though such distinctions can be exceptionally conferred, with the approval of the Governor and the Council of State, year or for eminence achieved during years prior to the award." SECTION 19.(d)18.(d) G.S.

The recipients of the awards shall be chosen by a committee named by the North Carolina Awards Committee, for each category of achievement, but no award shall be made in any field unless the committee of awards Committee deems the recognized accomplishment to be outstanding in merit, value, and distinction." SECTION 19.(e)18.(e) G.S.

The expense of administering this Chapter shall Article may be paid out of the Contingency and Emergency Fund subject to the approval of the Governor and Council of State." SECTION 19.(f)18.(f) Chapter 140A of the General Statutes is amended by adding a new Article to read:

"Medal of Valor Award." SECTION 19.(g)18.(g) G.S.

Page 28 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 To The Governor and Lieutenant Governor may each award the "Medal of Valor Award" to a first responder upon recommendation from the highest-ranking official or member of a first responder unit.

A Medal of Valor Award shall be for a first Page 34 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 responder or first responder unit that has performed great acts of heroism while under threat of personal risk to safety, beyond the call of duty in the field.

The Governor and Lieutenant Governor shall each maintain an internet accessible link and application form on a State website where nominations can be put forward, and each shall contain information on the Medal of Valor Award.The websites for the offices of Governor and Lieutenant Governor shall include information about the Medal of Valor Award and a form for submitting a nomination for the award." SECTION 19.(h)18.(h) G.S.

For the purposes of this subsection, a "first responder" includes any firefighter, paramedic, law enforcement officer, emergency medical services personnel, or rescue squad member." SECTION 19.(i)18.(i) G.S.

All clerical and other services required by the Committee shall be supplied by the Secretary of Natural and Cultural Resources." SECTION 20.19.

(a) Except as hereinafter provided, it shall be provided in this section, it is unlawful for any employee, officer officer, or official of the State in the exercise of his or her official duty to sell or otherwise dispose of any pistol, revolver, shotgun shotgun, or rifle to any person, firm, House Bill 40-First Edition Page 29 General Assembly Of North Carolina Session 2025 corporation, county or local governmental unit, law-enforcement law enforcement agency, or other legal entity.

House Bill 40-Second Edition Page 35 General Assembly Of North Carolina Session 2025 (c) All weapons described in subsection (a) hereof which of this section that are not sold as herein provided by this section within one year of being declared surplus property shall be destroyed by the Department of Administration.

Any moneys or property money obtained from the sale or disposal shall go be credited to the general fund.General Fund." SECTION 21.(a)20.(a) All of the following provisions are repealed:

SECTION 21.(b)20.(b) G.S.

Any intrastate pipeline facility regulated under State laws comparable to the provisions of the Natural Gas Pipeline Page 30 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979;1979.

Page 36 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 j.

TheNatural Gas PipelineSafetyAct of1968(49U.S.C.§1671of1968(49U.S.C.§ 1671 et seq.);

House Bill 40-First Edition Page 31 General Assembly Of North Carolina Session 2025 c.

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." SECTION 21.(c)20.(c) G.S.

House Bill 40-Second Edition Page 37 General Assembly Of North Carolina Session 2025 (1) If the current landowner of the land in which the commercial underground storage tank is located notifies the Department in accordance with G.S.

143-215.94B resulting from a discharge or release of petroleum from an a commercial underground storage tank, the owner, operator, or landowner tank mayseekmay seek reimbursement from the appropriate fund for anycostsany costs that the owner, operator, or landowner may elect to have either the Commercial Fund or the Noncommercial FundFundpayin payaccordancewith intheapplicablesubsections accordance with the applicable subsections of this section.

Page 32 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 1.

The Department shall deny any Page 38 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 request for payment or reimbursement of the cost of any task for which preapproval is required if the owner, operator, or landowner failed to obtain preapproval of the task.

(6) Except as provided in subdivisions (8) and (9) of this subsection, the Department shall not authorize any task the cost of which is to be paid or reimbursed from the Commercial Fund or the Noncommercial Fund unless the Department determines, based on the scope of the work to be performed and the schedule of reasonable and necessary costs, that sufficient funds will House Bill 40-First Edition Page 33 General Assembly Of North Carolina Session 2025 be available in the Commercial Fund or the Noncommercial Fund, whichever applies, to pay or reimburse the cost of that task within 90 days after the Department determines that the owner, operator, or landowner has submitted a claim with documentation sufficient to establish that the claim is eligible to be paid under this Part.

… (8) The Department may preapprove and authorize a task the cost of which is to be paid or reimbursed for payment or reimbursement from the Commercial Fund or the Noncommercial Fund a task that has not been authorized pursuant House Bill 40-Second Edition Page 39 General Assembly Of North Carolina Session 2025 to subdivisions (5) and (6) of this subsection if the owner, operator, or landowner specifically requests that the task be authorized and agrees that the claim for payment or reimbursement of the task's cost will not be paid until after the Department has paid all claims for payment or reimbursement of costs for tasks that the Department has authorized pursuant to subdivisions (5) and (6) of this subsection.

…." SECTION 21.(d)20.(d) G.S.

143-215.94G, as amended by Section 24(l)23(l) of this act, reads as rewritten:

(a) If there is a discharge or release of petroleum from any of the following, the Department may use staff, equipment, or materials under its control or provided by other Page 34 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 cooperating federal, State, or local agencies and may contract with any agent or contractor it deems appropriate to investigate a release, to develop and implement a cleanup plan, to provide interim alternative sources of drinking water to third parties, and to pay the initial costs for providing permanent alternative sources of drinking water to third parties:

Page 40 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 (4) A commercial underground storage tank taken out of operation prior to 1 January1974 if,whenthedischargeorreleaseis discovered,neithertheowner nor operator owns or leases the land on which the underground storage tank is located.

…." SECTION 21.(e)20.(e) G.S.

House Bill 40-First Edition Page 35 General Assembly Of North Carolina Session 2025 g.

House Bill 40-Second Edition Page 41 General Assembly Of North Carolina Session 2025 … (e) If the Commission concludes under subsection (d) of this section that no cleanup, no further cleanup, or no further action will be required, the Department shall not pay or reimburse any costs otherwise payable or reimbursable under this Article from either the Commercial or Noncommercial Fund, other than reasonable and necessary to conduct the risk assessment required by this section, unless:

The Department shall not pay or reimburse from the Commercial Fund any costs associated with the assessment or remediation of that portion of contamination that results from a release or discharge of petroleum from a source other than an underground storage tank from either the Commercial Fund or the Noncommercial Fund.tank." Page 36 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 SECTION 21.(f)20.(f) G.S.

143-215.94B." SECTION 22.21.

SECTION 23.22.

"(b) The Department of Military and Veterans Affairs shall accept, at no charge, a worn, tattered, orotherwisedamaged flagoftheUnited States ofAmericaorthe StateofNorth Carolina Page 42 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 from a citizen of the State and shall make arrangements for its respectful disposal.

Department" SECTION 24.(a)23.(a) G.S.

SECTION 24.(b)23.(b) G.S.

…." SECTION 24.(c)23.(c) G.S.

House Bill 40-First Edition Page 37 General Assembly Of North Carolina Session 2025 (c) The Secretarymaybring a civil action in the superior court of the countyin which the violation is alleged to have occurred to recover the amount of the administrative penalty whenever if either of the following applies to an owner or person in control of a water treatment facilityfacility:

House Bill 40-Second Edition Page 43 General Assembly Of North Carolina Session 2025 (d) Notwithstanding any other provision of law, this section imposes the only penalty or sanction, civil or criminal, for violations of G.S.

90A-29(a) or for the failure to meet any other legal requirement for a water system to have a certified operator in responsible charge." SECTION 24.(d)23.(d) G.S.

115C-457.2." SECTION 24.(e)23.(e) G.S.

TheDepartmentdecisionshall notify the Department and the recipient of the final decision and of the right to judicial review of the decision pursuant to Article 4 of Chapter 150B of the General Statutes." SECTION 24.(f)23.(f) G.S.

Page 38 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 "(g) Decision.

150B-34." SECTION 24.(g)23.(g) G.S.

The written decision shall notify the parties of the final decision and of the right of the enrollee and the managed care Page 44 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 entity to seek judicial review of the decision under Article 4 of Chapter 150B of the General Statutes." SECTION 24.(h)23.(h) G.S.

150B-36." SECTION 24.(i)23.(i) G.S.

…." SECTION 24.(j)23.(j) G.S.

House Bill 40-First Edition Page 39 General Assembly Of North Carolina Session 2025 (2) Which The facility has requested an administrative hearing and fails to pay the penalty within 60 days after receipt of the Office of Administrative Hearings forwards a written copy of the decision as provided in G.S.

115C-457.2." SECTION 24.(k)23.(k) G.S.

House Bill 40-Second Edition Page 45 General Assembly Of North Carolina Session 2025 "(f) The Secretary may bring a civil action in the superior court of the county wherein where the violation occurred to recover the amount of the administrative penalty whenever if either of the following applies to a facility:

150B-34." SECTION 24.(l)23.(l) G.S.

Page 40 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 (b) Whenever the discharge or release of a petroleum product is from a commercial underground storage tank, the Department may supervise the cleanup of environmental damage required by G.S.

The Department may shall not pay for any costs for which the Page 46 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 Commercial Fund was established until the owner or operator has paid the amounts specified in G.S.

House Bill 40-First Edition Page 41 General Assembly Of North Carolina Session 2025 (1) The Department shall take administrative action to recover costs or bring a civil action to seek reimbursement of costs that are not authorized to be paid from the Commercial Fund under subdivision (1), (2), or (3) of G.S.

(3) Notwithstanding the time limits set out in subdivisions (1) and (2) of this subsection, the Department may take administrative action to recover costs or House Bill 40-Second Edition Page 47 General Assembly Of North Carolina Session 2025 bring a civil action to seek reimbursement of costs paid as a result of fraud or misrepresentation at any time.

(i) AnadministrativeactionAnadministrativeactionorcivilactionthatisnotcommencedwithinthetimeallowed orcivilactionthatisnotcommencedwithinthetimeallowed by subsection (h) of this section is barred.

150B-36 in a contested case under Article 3 of Chapter 150B of the General Statutes or by an order or final decision of a court." SECTION 25.24.

(d) A governing board proposing to undertake any loan guaranty or similar program for rehabilitation of private buildings is authorized to may submit to its voters the question whether Page 42 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 such the program shall be undertaken, such undertaken.

Any Page 48 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 local government that receives these funds directly from the federal government may pledge current and future CDBG funds for use as loan guarantees in accordance with State and federal laws governing these funds.

The local economicdevelopment revolvingloanfundset upbythecityshallupbythe cityshall fund onlythoseactivities eligible under Title I of the federal Housing and Community Development Act of 1974, as amended (P.L.

153A-149, unless the purpose is first submitted to a vote of the people as provided by that section." SECTION 26.25.

Nothing in this section shall be construed as impacting House Bill 40-First Edition Page 43 General Assembly Of North Carolina Session 2025 impacts the Agency's ability to perform work within its governing laws.

The Agency shall submit its reports to the chairs of the House and SenateAppropriationsCommitteesonHealthandHumanServicesduringsessionandtotheJoint Legislative Oversight Committee on Medicaid and NC Health Choice and the Joint Legislative Oversight Committee on Health and Human Services during the interim." SECTION 27.(a)26.(a) Subsection (a) of Section 9A.1 of S.L.

House Bill 40-Second Edition Page 49 General Assembly Of North Carolina Session 2025 SECTION 27.(b)26.(b) G.S.

This rate shall be adjusted on January 1, 2024, and each January 1 thereafter, using the federally approved Social Security cost-of-living adjustment effective for the applicable year." SECTION 27.(c)26.(c) This section is retroactively effective January 1, 2023.

SECTION 28.(a)27.(a) Section 9A.3A(a) of S.L.

This subsection is effective when it becomes law." SECTION 28.(b)27.(b) Section 9A.3A(d) of S.L.

The Secretary of Health and Human ServicesResources reported to the Revisor of Statutes that the CMS approved the application effective January 1, 2023.

Page 44 House Bill 40-First Edition General Assembly Of North Carolina Session 2025 The Secretary of the Department of Health and Human Services shall report to the Revisor of Statutes when both the SSA and CMS approvals are obtained and the date of the approval.

This subsection is effective when it becomes law." Page 50 House Bill 40-Second Edition General Assembly Of North Carolina Session 2025 SECTION 28.(c)27.(c) Section 9A.1(d) of S.L.

The remainder of this section is effective when it becomes law." SECTION 28.(d)27.(d) This section is retroactively effective January 1, 2023.

SECTION 29.28.

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