Senate committee substitute makes the following changes to 3rd edition.
Adds a section amending GS 120-32.1(b), which directs the Legislative Services Commission (Commission) to post rules governing the use and maintenance of legislative buildings and grounds, to allow the President Pro Tempore of the Senate and the Speaker of the House of Representatives to jointly waive in writing the application of any rule adopted by the Commission to any elected officer of either house of the General Assembly. Specifies that the waiver is a defense against prosecution for a violation of the rule, and the waiver does not extend past the member's current term of office. Directs a copy to be delivered to the Chief of the General Assembly Special Police.

Amends GS 20-79.7(a) (Fees) and GS 20-79.7(b) (Distribution of Fees) as the title indicates. Adds new subsection (b73) to GS 20-81.12 to provide that the Division of Motor Vehicles (Division) must receive a minimum of 300 applications before a Native American plate may be developed. Requires the Division to make a quarterly transfer of the money in the Collegiate and Cultural Attraction Plate Account collected from the sale of Native American plates to the Native American College Fund, for scholarships to be awarded to Native American students from North Carolina. Makes a conforming change to GS 20-79.4(95). Effective July 1, 2011.

As title indicates. Permits the Legislative Research Commission to make an interim report to the 2012 General Assembly, and requires a final report be made to the 2013 General Assembly.

Amends GS 105-275 to exclude fishing boats that are used primarily for a commercial fishing operation from property tax. Effective for taxes imposed for taxable years beginning on or after July 1, 2011.

Amends GS 143B-452(e), which details appointments made to the NC State Ports Authority (Authority), to clarify that all appointments made by the General Assembly have two year terms, except for terms expiring on or after June 30, 2011, after which appointments will have four year terms. Amends GS 143B-453, which sets out the Authority’s purposes, to add that the Authority must foster and stimulate private industry rather than directly compete with private industry. Makes a clarifying change to GS 143B-454. Repeals GS 143B-457, which provides the Authority’s power of eminent domain. Amends GS 143B-465 by deleting subsection (c), which exempts the Authority from specified statutes. Makes a clarifying change. Enacts new GS 143B-468, directing the Authority to publish, on the Authority’s website within 48 hours of submission, all requests for contracts with the Authority and all contracts bid by the Authority, including specified information. Directs the Authority to publish an annual report of all contract activity. Specifies that the publication requirement does not apply to bids received by the Authority. Enacts new GS 143B-468.1, directing the Authority to publish the availability of any property and allow the public to acquire the lease, before leasing any property. Specifies that the lease is subject to a competitive bid process, unless the property is fungible. The provisions above become effective October 1, 2011.
Authorizes the Legislative Research Commission (Commission) to study the cost and feasibility of burying or raising the power lines currently extending across the Cape Fear River in order to allow ocean-going vessels to travel past the point where the lines cross the river. Requires the Commission to consider certain methods to move the lines, and to include a cost comparison. Directs the Authority to pay the costs of the Commission study, if applicable.

As title indicates.

Enacts new Article 43, Radiologic Technicians, to GS Chapter 90 to establish standards of education, examination, and licensure for persons operating equipment used for medical imaging and radiation therapy procedures. Defines terms applicable to Article 43. Prohibits, on or after October 1, 2012, any person from administering, offering to administer, or otherwise indicating that the person is licensed to administer medical imaging or radiation therapy procedures unless the person is licensed under Article 43. Exempts five listed parties from Article 43. Creates an eleven member Medical Imaging and Radiation Therapy Board of Examiners (Board), with appointments and terms, as indicated. Directs the Board to establish licensure standards for a radiographer, radiation therapist, nuclear medicine technologist, cardiovascular invasive specialist, magnetic resonance technologist, sonographer, and limited X-ray machine operator. Permits a person licensed under Article 43 to perform specified actions using radioactive substances or equipment emitting radiation, and lists four limitations specifically related to the performance of computed tomography. Sets forth additional details related to Board meetings and administration. Enumerates 12 powers and duties of the Board.
Lists requirements for licensure for all applicants, and lists requirements specific to applicants for licensure in an area of medical imaging or radiation therapy and requirements specific to applicants for licensure as limited X-ray operators. Directs the Board to establish criteria, standards, and an approval mechanism for educational programs in medical imaging and radiation therapy. Requires that applicants pass a Board-approved examination, and directs the Board to accept persons currently registered by other boards, as specified. States that certain X-ray machine operators will take an exam administered by the American Registry of Radiologic Technologists. Details additional provisions for license issuance, temporary licenses, license renewal, and requires licensees to display licenses or a verified copy in each place of regular employment. Authorizes medical facilities and educational institutions to offer programs approved by the Board in applicable subject areas, provided certain guidelines are met.
Authorizes the Board to grant a license to a person licensed, certified, or registered to perform or administer medical imaging or radiation therapy procedures in another jurisdiction with substantially equivalent standards of competency. Directs the Board to set fees, as specified, and to pay all expenditures out of funds from the fees. Allows the Board to discipline applicants or licensees, after a hearing, under nine specified circumstances. Makes each violation of Article 43 a Class 1 misdemeanor. Authorizes the Board to apply to any appropriate court to enjoin violations of Article 43. Authorizes the Board to assess, after considering four factors, a civil penalty up to $1,000 for a violation of Article 43 or adopted rules, with proceeds remitted to the Civil Penalty and Forfeiture Fund.
Specifies that, for a period not to exceed two years after this act becomes effective upon payment of the proper fee, an individual providing documentation of employment for two of the preceding three years as a radiographer, radiation therapist, nuclear medicine technologist, magnetic resonance technologist, cardiovascular invasive specialist, sonographer, or limited X-ray machine operator may be issued a license by the Board, without having to pass an examination. States that individuals applying for licensure must provide a statement of responsibility for the actions of the individual in the performance of medical imaging or radiation therapy procedures, a certificate of competence, and a list of medical imaging or radiation therapy procedures the individual is authorized to perform signed by the physician supervising the individual; individuals registered with the American Registry of Radiologic Technologists do not need a certificate of competence.

Enacts new GS 90-95.8 and a new Article 42 to GS Chapter 90 for purposes as the title indicates.
Proposed GS 90-95.8 provides that the results of Spectral Fluorescence Signature Analysis (Spectral Analysis) are admissible in court for the prosecution of any violation under Article 5 (North Carolina Controlled Substances Act) of GS Chapter 90. Provides that the Spectral Analysis results are admissible only if the analysis meets both of the following requirements: (1) it is performed in accordance with the rules of the Department of Health and Human Services (DHHS); and (2) the person performing the analysis had a current permit at the time of analysis issued by DHHS authorizing the person to perform a Spectral Analysis using the type of instrument employed to perform the analysis. Provides that the results of a Spectral Analysis of a disputed substance alleged to be a controlled substance is not admissible as evidence if: (1) the defendant objects to admitting into evidence the results of the Spectral Analysis of the alleged controlled substance; and (2) the defendant demonstrates that the preventive maintenance procedures required under DHHS’ regulations were not followed with respect to the instrument used to do the analysis of the controlled substance. Delineates a list of rules, records, and actions related to Spectral Analysis of which the court must take judicial notice.
Proposed Article 42 of GS Chapter 90 prohibits a person from conducting Spectral Analyses without first obtaining a permit to engage in the practice from DHHS. Directs DHHS to generate a permit program that establishes the qualifications required for an individual to conduct Spectral Analysis. Authorizes DHHS to charge an applicant for a permit a fee of no more than $100 and allows DHHS to retain the fees and apply them to the administrative costs of the program. Authorizes DHHS to issue permits to persons it deems qualified subject to periodic renewal, termination, and revocation of the permit in DHHS’ discretion. Provides that any state or local law enforcement agency or group of law enforcement agencies, subject to approval by DHHS, may contract with the vendor of any approved Spectral Analysis instruments for preventive maintenance on instruments used for Spectral Analysis. Requires the vendor who performs preventive maintenance to provide a record of the maintenance to DHHS, and requires DHHS to maintain that record. Additionally requires DHHS to publicly post on a web page a list of all the persons who have a permit authorizing them to perform Spectral Analyses and include additional data regarding those persons’ licensing.
Effective October 1, 2011.

Establishes the 14 member Arts Education Commission (Commission) to do the following: (1) review, prioritize, and recommend implementation strategies for the recommendations of the Comprehensive Arts Education Plan for K-12; (2) recommend the content and process to establish an arts education report card; (3) recommend ways to assess and promote opportunities for students to learn the skills of creativity and innovation; (4) work with the Department of Instruction on the creation of arts education assessment models based on existing assessments and tests; (5) recommend the establishment of arts education accountability incentives for schools under the accountability component of the Accountability and Curriculum Reform Effort for specified areas; and (6) study and recommend a permanent financing strategy for K-12 arts education. Provides for Commission membership, filling of vacancies, member compensation, and Commission administration. Requires the Commission to report to the 2012 Regular Session of the General Assembly by May 1, 2012, at which time the Commission terminates.

Allows the Legislative Research Commission (LRC) to study whether current law strikes and appropriate balance between an employer’s need for access to accurate criminal history information about potential employees and the need for a person who has committed a minor offense in the past to obtain employment. If a better balance may be achieved, allows the LRC to consider the development of an appropriate expunction procedure. Specifies five topics that may be considered by the LRC. Allows the LRC to make an interim report to the 2011 General Assembly in 2012 and requires a final report to the 2013 General Assembly.

Identical to S 374, filed 3/17/11.

Enacts new GS 113-291.12 to make it unlawful to take or attempt to take wildlife by discharging a firearm, bow and arrow, or crossbow from, on, across, or over the right-of-way of any state-maintained public road or highway, except as allowed on state game lands. Makes it unlawful to possess a loaded firearm outside a vehicle's passenger compartment on a right-of-way while taking or attempting to take wildlife, unless the individual is the owner or lessee of the land abutting the right-of-way or carries written permission by the owner or lessee, dated within the last 12 months. Makes it unlawful to take or attempt to take wildlife on another's land without carrying written permission, dated within the last 12 months. Specifies that a person has written permission if the landowner or lessee granted permission to a hunting club and the person carries a current hunting club membership card and a valid copy of written permission granted to the club. Makes a violation of the statute a Class 3 misdemeanor; however, makes a second or subsequent violation within three years a Class 2 misdemeanor with a fine of at least $250 and the loss of hunting privileges for 12 months. Makes law enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by law enforcement officers with general subject matter jurisdiction. Clarifies that, in the case of conflict, the statute prevails. Repeals various local acts or portions of local acts that conflict with the statute. Applies to offenses committed on or after October 1, 2011.

Amends GS 18B-1303 through 18B-1308 and enacts new GS 18B-1309 to provide as the title indicates. Clarifies that a franchise agreement applies to all supplier products under the same brand name and that different categories of products manufactured under a common identifying trade name are considered to be the same brand. Expands the list of acts for which it is unlawful for a supplier or the supplier’s representative to engage in with respect to the supplier’s dealings with a wholesaler. Adds that good cause for the termination, alteration, or failure to renew a franchise agreement does not include (1) the sale or transfer of the rights to manufacture, distribute, or use the trade name of the brand to a successor supplier, whether the sale or transfer is made directly from the original supplier to the successor or goes through a third party; (2) failure of the wholesaler to meet operation or performance standards unilaterally imposed or revised by the supplier without a fair opportunity for the wholesaler to bargain as to the terms; (3) the wholesaler’s establishment of a franchise agreement with another supplier, or the acquisition by the wholesaler of the right to distribute the brand of another supplier; and (4) the desire of a supplier to consolidate its franchises.
Provides that a wholesaler whose franchise agreement is terminated, altered, or not renewed in violation of Article 13 (Beer Franchise Law) of GS Chapter 18B is entitled to recover monetary damages from the supplier in addition to (was, in lieu of) injunctive relief. Provides criteria governing the amount of the monetary damages due the wholesaler. Provides criteria for the transfer or merger of a wholesaler’s business; includes permitting a wholesaler to merge with another wholesaler in the state and transfer the merging wholesaler’s existing franchise rights to the new wholesaler entity. Makes conforming changes regarding the merger of a wholesaler’s business. Provides factors that the supplier may consider in determining whether the proposed transferee or merged wholesaler is a qualified person. Provides that the burden is on the supplier to prove that the proposed transferee or merged wholesaler is not qualified. Provides that a wholesaler may seek injunctive relief to enforce the provisions of this section. Also provides that supplier is liable for any monetary damages suffered by the wholesaler because the supplier unlawfully refused to approve a sale, transfer, or merger resulting in blocking the wholesaler’s ability to complete a sale, transfer, or merger.
Provides criteria for mediation of a dispute between a wholesaler and a supplier under the direction the Alcoholic Beverage Control Commission.
States that the provisions of this act are severable, providing that if any of the proposed provisions or their applications is held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.
Effective when the act becomes law and its provisions apply to all existing franchise agreements. Provides that a supplier’s shipment of malt beverages to a wholesaler in North Carolina following the effective date of this act constitutes acceptance by the supplier of the terms of this act, and the acceptance is to be considered as incorporated into the agreement between the supplier and the wholesaler.

Amends GS 115C-174.11 to require the State Board of Education to (1) continue participation in development of the Common Core State Standards; (2) review all national assessments developed by both multistate consortia; (3) implement assessments the Board deems most appropriate to assess student achievement on the Common Core State Standards; and (4) to the extent funds are made available, plan for and require administration of the ACT test for all students in the 11th grade unless the student has taken a comparable test and scored at or above a level set by the board. Adds new GS 115C-174.20 and GS 115C-174.25 requiring the Board, to the extent funds are made available, to plan for and require (1) administration in the 8th and 10th grades of diagnostic tests that align to the ACT test and (2) local school administrative units to make available the appropriate WorkKeys tests for students who complete the second level of vocational/career courses.
Effective July 1, 2011, and applies beginning with the 2011-12 school year.

Enacts new subdivision (7) to GS 150B-19 to prohibit an agency from adopting a rule that imposes a more restrictive standard or limitation than standards or limitations imposed by federal law or rule as applicable, unless adoption of the rule is required to respond to at least one of the following five listed circumstances: (1) serious, unforeseen threat to public health, safety, or welfare; (2) state or federal act expressly requiring adoption of rules; (3) change in budgeting policy; (4) federal regulation; or (5) a court order. Applies to rules adopted by an agency on or after the date the act becomes law.

Amends GS 115C-47 to add to the duties of local boards of education the duty of preventing disruptive behaviors that lead to suspension and expulsion. Amends GS 115C-105.47 to require that local safe school plans include policies designed to prevent disruptive behaviors, suspensions, and expulsions as well as services meeting needs of students at risk of academic failure or engaging in disruptive behavior. These services should include among others components family engagement, mentoring, community service and learning programs, job training, nutritional services, mental health services, financial literacy courses, and adult education. Amends GS 115C-391(b) to permit principals to take into account when suspending students for 10 days or fewer the specific conditions surrounding discipline cases including the individual needs of the student, the context of the offense, and family circumstances. This act is effective when it becomes law and applies beginning with the 2011-12 school year.

Amends GS 14-208.6, the definitions section of the sex offender registration law, to eliminate the terms aggravated offense and sexually violent offense and instead categorize reportable sex crimes into three tiers, tier I, II, and III, with tier I including relatively less serious offenses (such as sexual battery under GS 14-27.5A) and tier III including more serious offenses (such as first-degree rape under GS 14-27.2). Makes conforming changes throughout Article 27A of Chapter 14 of the General Statutes. Defines a 'final conviction' to include determinations by federal, state, territorial, tribal, and certain foreign courts, as well as adjudications involving juveniles of at least 14 years age for violations of certain serious sex crimes. Also sets out new definitions for the terms 'residence address' and 'temporary lodging.'
Requires a 30-year registration period for offenders convicted of a tier I offense, reducible to 10 years in certain circumstances. Sets out an irreducible 30-year registration period for offenders convicted of a tier II offense and requires tier III offenders to register for life.
Amends GS 14-208.7 to require covered offenders to register prior to release from a penal institution (was, within three business days of release). Requires offenders convicted of reportable convictions before July 1, 2011, to register if, as of that date, the offender is required to register for another offense; is serving an active term of imprisonment or is on probation, parole, or post-release supervision for any criminal offense; or is convicted of any felony offense on or after that date. Exempts from the requirement to register any tier I or II offender whose conviction occurred 30 years or more prior to the date the person would otherwise be required to register under the new law.
Adds tattoos, birthmarks, scars, driver's license and social security numbers, telephone and mobile phone numbers, passport or immigration documents, professional licenses, and information about any motor vehicles or other conveyances the registrant may use to the list of information registrants must provide to the sheriff upon registration. Also requires the sheriff to take palm prints in addition to fingerprints at the time of registration. Requires the sheriff to collect a DNA sample. Adds new section GS 14-208.8B to require registrants to notify the sheriff of any planned temporary or transient lodging or travel outside the United States.
Adds new GS 14-208.23A to create a procedure for juveniles required to register under the new law to petition for removal from the registry 30 years from the date of initial county registration.
Removes references to 'aggravated offense' from the statutory sections pertaining to satellite-based monitoring of sex offenders, replacing them with 'tier III offense other than an offense against a minor.'
Makes other conforming changes.
Effective July 1, 2011.

As title indicates. Directs the Commissioners of Insurance and Agriculture (Commissioners) to address two specified issues in the study. Permits the Commissioners to submit an interim report to the 2012 General Assembly, and requires a final report, including findings, recommendations, and legislative proposals, be submitted to the 2013 General Assembly.

Amends GS 20-79.1 as title indicates, making the offense a Class 1 misdemeanor. Effective December 1, 2011.

Amends GS 15A-1460 to limit claims of factual innocence to those who originally pled not guilty or nolo contendere to the crime for which they were convicted and makes conforming changes throughout Article 92 of GS Chapter. Amends GS 15A-1467(a) to provide that only the defendant or the trial court (was, any court, person, or agency) may refer a claim of factual innocence to the Innocence Inquiry Commission (Commission). Amends GS 15A-1468 to allow a prosecutor or other representative of the state to cross-examine witnesses or present rebuttal evidence during Commission proceedings. Removes the provision prohibiting the Commission chair from ordering witnesses to testify or provide other information that might incriminate them in the prosecution of offenses other than those for which they have been granted immunity. Likewise removes the provision allowing the Commission to close its proceedings to the victim. Amends GS 15A-1469(a1) to require significant evidence of prosecutorial misconduct (was, allegation of or evidence of prosecutorial misconduct) before allowing the Director of the Conference of District Attorneys (was, Director of the Administrative Office of the Courts) to appoint a special prosecutor to represent the state before the three-judge panel, and removes the prohibition on appointing as special prosecutor any attorney who prosecuted or assisted with the prosecution of the convicted person. Limits the evidence that may be considered by the three-judge panel to credible, verifiable evidence of innocence that has not previously been presented at trial or any postconviction proceeding (was, all relevant evidence, even if considered by a jury or judge in a prior proceeding). Requires the convicted person to prove beyond a reasonable doubt that he or she is innocent (was, by clear and convincing evidence). Repeals GS 15A-1470(b). Enacts new GS 7A-413(a)(5), authorizing the Conference of District Attorneys to assign a qualified attorney to serve as prosecutor in a hearing for a claim of factual innocence, upon Commission request. Effective October 1, 2011, and applies to claims of factual innocence filed on or after that date.

Amends GS 15A-268(b) to require custodial agencies to determine prior to disposing evidence, as specified, that they have no duty to preserve the evidence under GS 15A-1471. Adds to the list of reasons for requesting that evidence be preserved that the case has been referred to the Innocence Inquiry Commission. Enacts new GS 15A-1471, requiring the state to preserve all files and evidence subject to disclosure under GS 15A-903 when the Innocence Inquiry Commission (Commission) provides written notice of a Commission inquiry. Provides that the Commission is entitled to a copy of all records preserved, including access to inspect, examine, and forensically test physical evidence as necessary for the Commission’s inquiry. Requires profiles obtained by the Commission through qualified testing to be searched and uploaded to the Federal Bureau of Investigation’s Combined DNA Index System (CODIS).

Enacts new GS 1-506.1 to place in priority order payments to be made by the receiver after paying the necessary costs of the administration of the receivership as follows: (1) all debts that are a lien on any of the trust property in the hands of the receiver, to the extent of the net proceeds of the property upon which the debt is a lien; (2) wages due to workmen, clerks traveling or city salesmen, or servants which have been earned within three months before the registration of the deed of trust or the deed of assignment; and (3) all other debts equally capable of being appraised or assessed.
Amends GS 23-8 regarding the authorization of a trustee to sell any part of the property described in a deed or trust within ten days from the registration of the property. Provides that the property may be sold within ten days of registration providing that the property is perishable or if the property is sold for a price that satisfies all liens on the property, as provided in GS 23-8.1.
Enacts new GS 23-8.1 to permit a trustee, named in a deed of trust or appointed by the court, to sell a part or whole of property that is subject to one or more liens provided that the sale price is sufficient to satisfy the lien or liens in full. Provides that upon the sale of the property, the liens on the property are extinguished and the liens attach to the proceeds of the sale and enjoy the same dates of attachment and perfection as the original property.
Effective October 1, 2011.

Amends Section 23 of Article II of the NC Constitution as title indicates for all laws creating new taxes or increasing existing taxes. Excludes from the supermajority requirement laws repealing or restricting specific tax preferences and laws permitting local taxing units to levy specific taxes. Requires the proposed amendment to be submitted to the voters in the November 2012 election.

Amends GS 136-176(b1) to allow the Secretary of Transportation to authorize the transfer of certain funds to projects for congestion mitigation, provided that the transfer is based either on the ratio that the population the county or counties in which the project is located bears to the total state population or the need for reducing congestion on a roadway based on statewide ranking of projects determined through a formula based on vehicle volume, design capacity, and accident rates. Modifies the formula set out in GS 136-17.2A(b) for determining the allocation of highway trust fund money among distribution regions to require that it be based 50% on the vehicle miles driven in that distribution region compared to the total vehicle miles driven in the state and 50% on the need for reducing congestion on a roadway based on statewide ranking of projects. Repeals GS 136-17.2A(c) (setting out a formula for the Secretary of Transportation to determine the tentative percentage share for each distribution region over the next seven years), GS 136-17.2A(d) (directing the Department of Transportation, as nearly as practicable, to expend in a distribution region an amount equal to that region's tentative percentage share of the funds in a fiscal year, and requiring that actual expenditures in a consecutive seven-year period be between 90% and 110% of target amounts to be expended in the region over that time), GS 136-17.2A(f) (requiring the Board of Transportation to consider the highway needs of every county in a distribution region when scheduling highway improvements), and GS 136-17.2A(h) (requiring the Secretary of Transportation to calculate the amount of funds allocated to each division each year, the amount of funds obligated, and the amount the obligations exceeded or were below the allocation).

Amends GS 163-165.6(e) and GS 163-182.8 (but appears to amend GS 163-182.2(a)) to provide a voter using a provisional ballot and voting a straight-party ticket the opportunity to indicate that, if the ballot is submitted in a district in which the voter is not qualified to vote, the voter intends that the straight-party vote apply to all candidates of that party in the district in which the voter is qualified to vote. Effective January 1, 2012, and applies to all elections occurring on or after that date.

Enacts new Article 4 in GS Chapter 95 clarifying the distinction between employees and independent contractors. Creates presumption of employee status that must be rebutted by party asserting that a hired individual is an independent contractor by a preponderance of the evidence. Specifies considerations to be used in the determination of an independent contractor. Prohibits an employer from improperly classifying an individual who performs work for remuneration as an independent contractor. Prohibits retaliation against individuals who allege that their employment status was wrongly classified by their employers, as described. Creates civil cause of action for violation of employment status classification requirements. Requires employers engaging the services of independent contractors to post notices of the right to be properly classified as an employee and the right to challenge the employer's employment status classification in court. Details additional provisions related to the employee/independent contractor determination. Applies to employment existing on or after the date the act becomes law.

Directs the Matthew A. Gfeller Sport-Related Traumatic Brain Injury Research Center at UNC-Chapel Hill to develop an athletic concussion safety training program in consultation with the NC Medical Society, the NC Athletic Trainers Association, the Brain Injury Association of North Carolina, the NC Neuropsychological Society, the NC High School Athletic Association, Inc., and the Department of Public Instruction. Provides that the program is to be developed for use by coaches, school nurses and athletic directors, volunteers, students who participate in interscholastic athletic activities in the public schools and the parents of these students. Specifies some of the core content that the program should include.
Amends GS 115C-12(23) to require that the eligibility rules at the middle and high school levels for interscholastic athletic competitions include concussion safety requirements which include providing information on concussion awareness to adults and students involved in interscholastic athletic competitions, practices and policies to be followed when students show signs or symptoms consistent with a concussion, and development of a school specific emergency action plan to deal with serious injuries and acute medical conditions.
Effective when the act becomes law and applies beginning with the 2011-12 school year.

Identical to S 466, filed 3/30/11.

Makes numerous amendments to GS 115C-325, relating to the system of employment for public school teachers and procedures for dismissal or demotion, including: (1) provides that failure to notify a career employee of deficiency in performance is conclusive evidence of satisfactory performance; (2) defines "inadequate performance" by a teacher to include (a) failure to perform at a proficient level on any standard of the evaluation instrument or (b) otherwise performing in a below standard manner, but giving superintendents some flexibility with regard to probationary teachers; (3) changes the designation case manager to hearing officer, requires that hearing officers be members of the N.C. State Bar, and modifies procedures for maintaining a master list of hearing officers and selection of a hearing officer; (4) increases from 10 days to 90 days the time within which a hearing officer must submit a report following a hearing, requires that any supplemental report be made within 30 days of request, and provides for compensation reduction for failing to meet either deadline without good cause; (5) limits role of hearing officer to making findings of fact and prohibits making recommendations about conclusions of law or disposition of the case; (6) increases from two days to five work days the time after receiving a hearing officer's report within which a superintendent must decide whether to make a written recommendation to the local board for particular action or to drop the charges, and makes comparable time limit changes in relation to action by a local board; and (7) limits hearings to three work days unless extended for extraordinary cause, and limits each party to a maximum of eight hours to present its case in chief. Makes conforming changes replacing occurrences of the term case manager with hearing officer.
Rewrites GS 115C-333, relating to evaluation of licensed (formerly, certified) teachers, to require annual evaluation of all licensed employees at all low-performing schools (was, at low performing schools that had not been assigned an assistance team). Requires all teachers in low-performing schools who have not attained career status (was, all teachers who have not achieved career status) to be observed at least three times annually by the principal or the principal's designee and at least once annually by a teacher, and at least once annually by a principal. Replaces action plans with mandatory improvement plans, which are defined as instruments to improve the performance of a teacher or any certified/licensed employee in a low-performing school by providing the individual with notice of specific performance areas where there are deficiencies and a set of strategies to address those deficiencies. Provides that if a licensed employee in a low-performing school receives a rating on any standard on an evaluation that is below proficient, unsatisfactory, or below standard, the individual or team conducting the evaluation is to recommend to the superintendent (1) that the employee receive a mandatory improvement plan or (2) that the employee be dismissed or demoted. Provides that if the evaluation person or team elects not to make either recommendation then the decision to mandate an improve plan or recommend a dismissal proceeding lies with the superintendent. Provides additional guidelines regarding implementing a mandatory improvement plan. Makes conforming changes by deleting references to action plans.
Provides for the reassessment of an employee in a low-performing school after the time period for the completion of the mandatory improvement plan has expired. Directs the superintendent to recommend that the employee be dismissed or demoted under GS 115C-325 if the employee has failed to become proficient in any of the performance standards noted in the mandatory improvement plan.
Requires a local board that dismisses an employee of a low-performing school for any reason except a reduction in force under GS 115C-325(e)(1)1. to notify the State Board of Education (SBE) of the dismissal. Directs the SBE to provide annually the names of those dismissed individuals to all local boards of education. Provides process of evaluation to be followed if a local board hires one of the individuals previously dismissed.
Enacts new GS 115C-333.1 requiring teachers assigned to schools that are not designated as low-performing and who do not have career status to be observed at least three times annually by the principal or the principal's designee, at least once annually by a teacher, and at least once annually by a principal. Requires all teachers with career status and who are assigned to schools that are not designated as low-performing to be evaluated annually unless a local board adopts rules that allow career status teachers to be evaluated more or less frequently. Authorizes local boards to also adopt rules requiring the annual evaluation of nonlicensed employees. Provides guidelines regarding the performance standards and criteria to be used for the evaluation.
Delineates provisions for implementing mandatory improvement plans for teachers assigned to schools that are not designated as low-performing. Provides that any teacher placed on a mandatory improvement plan, other than a teacher assigned to a school designated as low-performing, has a right to be observed by a qualified observer in the area or areas of concern identified in the mandatory improvement plan. Defines the term qualified observer as used in this statute and directs local boards of education to create a list of qualified observers who are employed by the local board and available to observe employees on mandatory improvement plans. Provides for the reassessment of a teacher upon completion of a mandatory improvement plan. Provides for review and consideration by the principal of the report from the qualified observer and directs the principal to assess the teacher's performance a second time. Provides that if after the second assessment and consideration of the qualified observer's report, the superintendent or the superintendent's designee determines that the teacher has failed to become proficient in the performance standards identified as deficient, the superintendent may recommend that the teacher be dismissed or demoted under GS 115C-325. Provides that the results of the second assessment constitute substantial evidence of the teacher's inadequate performance.
Provides that the absence of a mandatory improvement plan does not prohibit a superintendent from dismissing a career employee under the provisions of GS 115C-325; however, the superintendent cannot use the substantial evidence standard if there was no mandatory improvement plan prior to the dismissal. Requires a local board that dismisses an employee of a low-performing school for any reason except a reduction in force under GS 115C-325(e)(1)1. to notify the State Board of Education (SBE) of the dismissal. Directs the SBE to provide annually the names of those dismissed individuals to all local boards of education. Provides process of evaluation to be followed if a local board hires one of the individuals previously dismissed.
Provides that there is no liability for negligence on the part of the SBE, a local board of education, or their employees arising from any act taken or omission in carrying out the provisions of this statute. Does not extend the immunity conferred by this statute to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. Provides criteria regarding when the immunity established in this statute is deemed to have been waived.
Makes conforming changes to GS 115C-288, 115C-334, and 115C-355.

As title indicates, with report due to the 2012 Regular Session of the 2011 General Assembly. Requires study to consider existing exemption, exclusion and deferral programs, the use of true value as a standard for tax valuation, the current bases for altering a determined tax value, and differences between county procedures that affect property taxation. Authorizes the Revenue Laws Study Committee (Committee) cochairs to ask the Local Government Commission to designate an individual to serve as an ex officio member of an advisory subcommittee for the study. The subcommittee may include no more than four individuals who are not members of the Committee or of the General Assembly.

Creates GS 14-408.1 to criminalize as Class F felony both (i) knowingly soliciting, persuading, encouraging or enticing a licensed dealer or private seller of firearms to transfer a firearm or ammunition under circumstances that the person knows would violate state or federal law and (ii) knowingly providing materially false information to a dealer or private seller of firearms with the intent of deceiving the dealer or seller about the legality of a firearm or ammunition transfer. Effective December 1, 2011.

Creates the NC Jobs and Commerce Corporation (NCJCC) to replace existing economic development entities in other state agencies effective July 1, 2012. Creates the NCJCC Task Force to study the transfer of duties and functions from those existing entities to the NCJCC. Details appointment process for NCJCC Board of Directors and the NCJCC Task Force. Directs NCJCC Task Force to evaluate the effectiveness of NC’s current economic development incentives, to identify duplication among existing incentive programs, to develop a plan to eliminate redundant economic development entities, to recommend guidance and oversight protocols for the NCJCC, to establish metrics to provide data that quantifies the impact of retained economic incentives, and to study and recommend emerging growth areas that are appropriate targets for future incentives. Requires NCJCC Task Force to report to the 2012 Regular Session of the 2011 General Assembly. Mandates Legislative Services Commission to allocate funds for the expenses of the NCJCC Task Force. Effective July 1, 2011.

Amends relevant provisions of Chapter 50 of the General Statutes to make clear that any order for child custody, child support, or alimony, whether pursuant to statute or pursuant to an agreement, is enforceable in the trial court by civil contempt proceedings during the pendency of an appeal, and that any contempt order may, upon motion of the aggrieved party, be stayed by the court of the appellate division in which the appeal is pending if justice requires.

As title indicates.

Amends GS 1-53 to add to the list of actions that must be commenced within two years actions contesting the validity of any zoning or unified development ordinance adopted under Part 3 of Article 18 of GS Chapter 153A or Part 3 of Article 19 of GS Chapter 160A or other applicable law, other than an ordinance adopting or amending a zoning map or approving a special use, conditional use, or conditional zoning district rezoning request, which must be brought within two months under amended GS 1-54.1. Makes conforming changes in GS Chapters 153A and 160A.
Amends GS 153A-340 to prevent an ordinance adopted pursuant to that section from prohibiting single-family detached residential uses constructed in accordance with the NC State Building Code on lots greater than 10 acres in size in zoning districts where more than 50% of the land is in use for agricultural or silvicultural purposes, except in certain commercial or industrial districts. Provides that an ordinance adopted pursuant to GS 153A-340 may not require that a lot greater than 10 acres in size have specified types of road frontage or water or sewer service in order to be developed for single-family residential purposes.
Effective July 1, 2011, except that provisions of the law pertaining to statutes of limitations shall not apply to litigation pending as of that date.

Enacts new subsection (a1) to GS 131D-2.11, authorizing the Division of Health Service Regulation (Division) to waive the annual inspection requirement of adult care homes for any home that has achieved the highest rating under rules adopted by the NC Medical Care Commission. However, directs the Division to inspect any home for which the inspection requirement has been waived at least once every two years. Makes a conforming change to GS 131D-2.11(a). Enacts new subsection (a2) to GS 131D-2.11, directing the Division to offer each adult care home an opportunity, upon request and after the home receives an official statement of deficiencies, to informally resolve disputed findings from inspections conducted by the Division. Details additional provisions related to informal dispute resolution and enforcement actions. Effective October 1, 2011.

Adds definition of “Consumer Price Index” to GS 53-165. Add to definition of “other business” permitted of lenders in GS 53-172. Amends maximum loan charges and fees for personal installment loans found in GS 53-173 by (i) setting maximum amount of loans at $2,000 (was $3,000), (ii) setting the maximum account handling charge at $3 per $100 of loan amount, (iii) setting the loan processing fee at 10% of the loan amount not to exceed $100 (was 5% not to exceed $25), (iv) indexing these caps to the consumer price index, (v) capping the interest on a money judgment on a loan made subject to this section at the annual percentage rate of the loan contract as computed under the federal Truth in Lending Act, (vi) capping interest after the maturity of a loan at the annual percentage rate of the loan contract as computed under the federal Truth in Lending Act, (vii) prohibiting other charges and fees on loans subject to this section, (viii) limiting loans made to consumers who already have outstanding loans with the same lender, (ix) requiring the partial refund of certain fees and charges if the loan is paid in full prior to the term expiration date, and, (x) permitting a consumer to terminate a loan contract within three days by returning the borrowed funds to the lender. Amends 53-175 to limit the maximum fee for returned checks to the greater of $30 or the amount permitted under GS 25-3-506 (currently $25). Amends 53-176 by (i) raising cap on installment loans to $15,000 (was $10,000), (ii) limiting monthly interest on installment loans to 2.5% for balances below $5,000, 2% for balances between $5,000 and $10,000, and 1.5% on remaining balance (was 30% annually for balances up to $7,500 and 18% annually on remaining balance), (iii) mandates that interest on installment loans not be compounded, (iv) caps closing fees for installment loans at $35 for loans up to $1,750 and 2% of the loans above that amount, and, (v) indexes the caps on fees and loan amounts to consumer price index according the same procedure created in GS 53-173. Amends GS 53-177 to cap late fees at $15 for loans under GS 53-173 and at the greater of 5% of the payment or $20 for loans made under GS 53-176. Amends 53-180 by restricting the time and payment limitations for loans issued under GS 53-173 as follows: between 4 to 7 months for loans of $500 or less; no more than 13 months for loans between $500 and $1,000; no more than 19 months for loans between $1,000 and $1,500; and, no more than 25 months for loans greater than $1,500. Amends GS 53-181 to require a lender once per year to provide upon request and payment of a $25 fee a statement of information regarding the loan. Amends GS 53-186 to require the Commissioner of Banks to provide timely responses to borrowers and lenders concerning borrowers’ complaints and inquiries and to develop an information pamphlet to be provided to borrowers by lenders as of January 1, 2012. Effective October 1, 2011.

Amends GS 131E-20 to provide as title indicates (currently, the territorial boundaries include the city or county creating the hospital authority and the area within 10 miles). Specifies that if a hospital authority enters into an agreement to engage in health care activities in a county outside the authority’s territorial boundaries under (1) an agreement with a hospital facility in only one hospital currently exists in that county; (2) an agreement with any hospital if more than one hospital currently exists in that county; or (3) an agreement with any health care agency if no hospital currently exists in that county, then the hospital authority must first apply for an obtain a certificate or public advantage.

Amends Section 7.26 of SL 2009-451 to require the State Board of Education, in administering the policy on the allotment of additional teachers to K-12 schools when consolidation is not feasible because of the school’s location, to at least consider two specified requirements (current law limits requirement to administering the policy with regard to a school located in a district in which the average daily membership is less than 1.5 per square mile).

Amends GS 18C-162(c) to provide that unclaimed prize money will be held separate and apart from other lottery revenues and distributed quarterly to local school administrative units on an average daily membership basis to be used only for school supplies and textbooks. Specifies that charter schools may share the funds. Deletes current allocation formula.
Amends GS 18C-163(1), clarifying that lottery expenses may include operation and administrative costs not to exceed 4% of total annual revenue (currently, no cap).
Effective July 1, 2011.

Prohibits the Department of Environment and Natural Resources from denying, on the basis of the setback requirements in 15A NCAC 7H .0306(a), a development permit for the repair or reconstruction on its original footprint of any residential structure constructed prior to August 11, 2009, with total floor area greater than 5,000 square feet. Requires the Coastal Resources Commission to adopt by October 1, 2011, temporary rules consistent with and substantially identical to that prohibition on development permit denials, which will remain in effect until permanent rules replace them.

Amends GS 136-28.8, as title indicates.

Enacts new Article 1B, Nonpartisan Redistricting Process, to GS Chapter 120. Directs the Legislative Services Office (Office) to acquire and review information, evaluate facilities, and develop programs in preparation for drawing congressional and legislative redistricting plans after each federal census. Specifies that the Office must obtain, by December 31 of each year ending in zero, Census Bureau information for geographic and political units in NC. Directs the Office to use the data as described. Specifies that the Office must obtain, as soon as possible after January 1 of each year ending in one, Census Bureau population data needed for legislative districting and use the data to assign a population figure to geographic and political units. Directs the Office to make available to the public four types of information after delivering each bill embodying a districting plan to the General Assembly. Includes definitions applicable to Article 1B.
Directs the Office to deliver to the Clerks’ offices in the General Assembly, before April 1 of each year ending in one, identical bills embodying a plan of legislative and congressional districting prepared according to Article 1B. States that the bill will not be brought to a vote in either chamber less than three legislative days after the report from the Temporary Redistricting Advisory Commission is received and made available to members. Specifies that the bill will be voted under a procedure or rule allowing no amendments, except purely corrective changes. Specifies that if the bill is approved on third reading by the first house, it will quickly be brought to a vote in the second house, and if the bill fails, then the Clerk of the applicable chamber must, no later than seven days after the bill failed, notify the Office of reasons the bill was not approved. Details provisions applicable when the required population data is not available by the specified date, and the procedures for second and third plans of legislative and congressional districting. Directs the Office to provide information about the plan to persons outside Office staff only as may be required, before the Office delivers the bill.
Requires legislative and congressional districts to be established on the basis of population. Provides that senatorial and representative districts will each have a population within 5% of the ideal population for that district. Provides that congressional districts will have a population as nearly as equal to the ideal population and within .1% of the ideal population. States that the “whole county” rule will be followed to minimize the division of counties. Provides that division of voting tabulation districts will also be minimized. Details additional provisions related to district division, including requiring contiguous territory and reasonably compact districts. Specifies that no district will be drawn to favor any individual, group, or political party, and the districts will not be divided using political affiliation, previous election results, or demographic information unless required by the NC or U.S. Constitution or the Voting Rights Act of 1965.
Establishes a five member Temporary Redistricting Advisory Commission (Commission) no later than February 15 of each year. Provides additional details regarding Commission members and timelines. Lists three, detailed functions of the Commission, including answering written requests for direction from the Office and conducting public hearings after districting bills are delivered to the General Assembly.
This act applies beginning with the 2020 federal census, but in the 2010 redistricting cycle, it applies as to State House of Representatives, State Senate, or US House of Representatives districting if the plan is not final as of October 1, 2011, due to failure to receive approval under the Voting Rights Act or by a court decision. In this case, the Commission appointment will occur by October 15, 2011 and the Office will submit a plan under Article 1B no later than three calendar days after the convening of an Extra Session of the General Assembly held to adopt a new districting plan.