AN ACT (I) TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2017 AND TO RELATED LEGISLATION AND (II) TO MAKE AGENCY TECHNICAL CORRECTIONS. Enacted October 8, 2017. Effective October 8, 2017, except as otherwise provided.
Bill Summaries: S582 (2017-2018 Session)
Summary date: Oct 11 2017 - View summaryAgriculture, Alcoholic Beverage Control, Business and Commerce, Courts/Judiciary, Civil, Civil Law, Evidence, Court System, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Education, Employment and Retirement, Environment, Environment/Natural Resources, Government, State Agencies, UNC System, Department of Commerce, Department of Health and Human Services, Tax, Health and Human Services, Health, Public Health, Social Services, Child Welfare, Transportation
Summary date: Oct 4 2017 - View summary
Conference report makes the following changes to the 3rd edition. Unless otherwise indicated, the act deletes all provisions of the previous edition.
Adds the following new provisions.
Amends Section 5.3(e) of SL 2017-57 (Appropriations Act of 2017) to limit the use of grant funds awarded by the Superintendent of Public Instruction to the construction of new school buildings (currently limited to new capital projects).
Amends Section 3, subdivision (7), of SL 2017-119 (Disaster Recovery Act of 2017) concerning the funds allocated to the Lumber River Council of Government, directing the Housing Finance Authority to coordinate with the Lumber River Council of Government to create a 30- to 36-unit (currently, 30- to 35-unit) multifamily affordable housing complex within the Fair Bluff Town limits.
Amends Section 3 of SL 2017-137 to make Section 2.5 of the act (amending GS 20-280 concerning the requirement for taxicab operators to file proof of financial responsibility with governing board of municipality or county) effective January 1, 2018, (instead of October 1, 2017). Makes Section 1 of the act (enacting new GS 136-19.4A, concerning required surveying information in certain acquisition plans) applicable to policies issued or renewed (was, to plans prepared for acquisitions) on or after October 1, 2017.
Requires the Department of Administration to study the use of buildings by State agencies in downtown Raleigh and report its findings to the Joint Legislative Committee on Governmental Operations no later than April 1, 2018.
Adds the following new provisions.
Amends GS 115D-5(x), as enacted by SL 2017-57, extending the date by which the State Board of Community Colleges, the State Board of Education, and the Board of Governors must jointly report to the Joint Legislative Education Oversight Committee their evaluation of success of students participating in the Career and College Promise Program from January 15 of each year to March 15 of each year.
Amends GS 115C-64.17, as enacted by SL 2017-57, extending the date by which the NC Education and Workforce Innovation Commission must accept applicants for a grant from November 1, 2017, to November 30, 2017.
Amends Section 8.2(b) of SL 2017-57, providing for a monthly salary supplement for highly qualified teaching graduates, to make the provisions applicable to teachers entering the profession in the 2017-18 fiscal year who were hired prior to the effective date of Section 8.2A of the act, enacted as follows. Enacts new Section 8.2A to SL 2017-57, providing for highly qualified graduates employed by a local board of education to receive a monthly salary supplement at the highest level for which the graduate qualifies as provided. Defines a highly qualified graduate or graduate as an individual entering the teaching profession and hired on or after the effective date of Section 8.2A who has graduated from an approved educator preparation program located in North Carolina who meets the specified GPA and edTPA assessment score requirements. Applies to teachers entering the profession in the 2017-18 fiscal year and hired on or after the date the act becomes law.
Amends Section 8.3 of SL 2017-57, concerning compensation for principals for the 2017-18 fiscal year. Provides that principals who were eligible for longevity in the 2016-17 fiscal year may receive the salary the principal received in the 2016-17 fiscal year pursuant to Section 9.1 of SL 2016-94 (Appropriations Act of 2016). Further provides that principals who were not eligible for longevity in the 2016-17 fiscal year (currently, 2016-17 school year) may receive the salary the principal received in the 2016-17 fiscal year pursuant to Section 9.1, which sets out the teacher monthly salary schedule, or Section 9.2, which sets out the school-based administrator salary schedule, of SL 2016-94 (currently, does not provide receipt pursuant to Section 9.1). Makes identical changes to Section 8.5(e) of SL 2017-57 concerning compensation for assistant principals for the 2017-18 fiscal year. Applies retroactively to July 1, 2017.
Adds the following new provisions.
Deletes the term randomized control group member from the definitions set forth in Section 12F.1 of SL 2016-94 (Appropriations Act of 2016) pertaining to the Medication-Assisted Opioid Use Disorder Treatment Pilot Program. Makes conforming changes throughout Section 12F to remove references to the term and to remove evaluation and reporting requirements concerning the term.
Amends GS 147-86.70(b)(1) to explicitly allow for a parent under a power of attorney to act on behalf of an Achieving a Better Life Experience (ABLE) account owner (currently, only explicitly authorizes a guardian or agent under a power of attorney). Makes conforming changes to GS 147-86.71, pertaining to the ABLE Program, to include parents in the existing provisions concerning ABLE accounts and limitations.
Amends Section 11F.9 of SL 2017-57, directing the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division), to establish an adult pediatric traumatic brain injury pilot program to be conducted at not less than three and not more than five trauma hospitals licensed in the state (currently, directs the Department to establish up to three program sites at trauma hospitals). Deletes the previous appropriations set forth for the development and implementation of the program. Deletes the previous directive requiring each program site to be awarded $100,000 for the development and implementation of an interactive quality assessment and quality assurance clinical decision support tool. Instead, directs the Division to appropriate $150,000 in nonrecurring funds for the 2017-18 fiscal year and $300,000 in nonrecurring funds for the 2018-19 fiscal year of the funds appropriated by the act to the Division to enter into a contract with an independent entity to operate the pilot program (currently, directs the Department to contract with a private entity to assist participating trauma hospitals in implementing the described quality assessment and assurance tool). Sets out criteria the Division must meet in selecting an independent entity to contract with for this purpose. Sets forth the responsibilities of the independent entity contracted, including initiating and operating the pilot program and assisting participating hospitals in implementing the quality assessment and assurance software. Makes conforming and organizational changes.
Amends SL 2017-57 by requiring nonrecurring funds appropriated in the act to the Department of Health and Human Services, Division of Aging and Adult Services, in 2017-18 to be allocated to the Town of Bolton instead of to the Bolton Senior Center.
Adds the following new provisions.
Amends Section 15.9A of SL 2017-57 to further specify that the funds appropriated to the Department of Commerce as a grant-in-aid to the Town of Haw River must be used to provide grants, loans, or both for a historic mill renovation project. Specifies that the Town of Haw River must enter into an agreement with any entity (currently referred to as subgrantee) receiving funds (recipient) in addition to the provisions governing reporting, oversight, and administration of grants funds contained in GS 143C-6-23. Further provides that the agreement with any entity receiving funds must contain a provision requiring recapture or repayment (currently only recapture) of all funds if the recipient fails to comply with the terms of the agreement. Adds that the Town of Haw River can retain up to 20% of the funds for the historic mill renovation project for infrastructure improvement necessary for and directly related to the project. Defines infrastructure improvements. Makes conforming changes.
Amends the allocation of the $100,000 allocated in Section 13.22 of SL 2017-57, as amended, from the funds appropriated to the Division of Water Infrastructure of the Department of Environmental Quality for water and sewer infrastructure grants for the 2017-18 fiscal year to Davidson County. Allocates $50,000 for a sewer project and $50,000 for preservation and restoration work on the Wil-Cox bridge (currently, allocates $100,000 for the Wil-Cox bridge sewer expansion).
Eliminates the sunset provision in Section 15.14B of SL 2014-100 (Appropriations Act of 2014), which enacts GS 143B-437.02A and establishes the Film and Entertainment Grant Fund.
Amends Section 10.24 of SL 2017-57, which directs the Food Processing Innovation Center Committee (Committee) to develop a business plan for the Food Processing Research center at the North Carolina Research Campus to implement, to establish that this business plan is binding and North Carolina State University cannot deviate from the plan without having the plan amended by the Committee. Provides that the Committee can adopt amendments to the business plan by a majority vote.
Directs that, of the funds appropriated in SL 2017-57 to the Wildlife Resources Commission, an additional $50,000 in recurring funds be allocated to the Outdoor Heritage Advisory Council to provide support for the operation of the Council, including salaries and benefits of Council personnel. Enacts GS 143B-344.62, authorizing the Outdoor Heritage Advisory Council to employ an executive director, and authorizes the executive director to hire additional staff and consultants, subject to appropriations and other funds that accrue to the Council.
Amends GS 97-2(2), defining employee as the term applies to the Workers' Compensation Act, deleting existing language that creates a rebuttable presumption that the term "employee" does not include any person performing services in the sale of newspapers or magazines to ultimate consumers under an agreement whereby the newspapers or magazines are to be sold by that person at a fixed price and the person's compensation is based on the retention of the excess of the fixed price over the amount at which the newspapers or magazines are charged to the person. Effective January 1, 2018.
Amends Section 15.8 of SL 2017-57, as amended, to decrease by $100,000 the funds appropriated to the Rural Economic Development Division of the Department of Commerce to provide grants-in-aid for downtown revitalization projects for the specified counties and cities. Also removes the Town of Yadkinville from the list of recipients.
Adds the following to Section 15.8 of SL 2017-57. Requires that of the funds appropriated to the Rural Economic Development Division of the Department of Commerce: (1) $25,000 in nonrecurring funds for 2017-18 be used to provide a grant-in-aid to the Town of Dover to be used for parks and recreation projects and (2) $75,000 in nonrecurring funds for 2017-18 be used to provide a grant-in-aid to Lincoln County for the Voice Interoperability Plan for Emergency Responders network.
Amends GS 143B-293.2(a1) to require that the specified General Assembly appointees to the NC Oil and Gas Commission be members (was, representatives) of a nongovernmental conservation interest; applicable to appointments made on or after the effective date of the act.
Amends Section 14.19 of SL 2017-57 to allow the $300,000 appropriated to the Division of North Carolina Aquariums to be used for the planning and permitting (was, planning) of Blake Farms satellite aquarium area. Also adds that the Division is allowed to specifically expend funds to engage architects and other program consultants to (1) collaborate with Blake Farms to design and permit the building housing the satellite aquarium area and (2) produce schematic, design, and final construction documents for the satellite aquarium area.
Amends Section 37.2(e) of SL 2016-94, as amended, to require that funds appropriated during the 2015-17 biennium (was, any funds) for Environmental Quality Incentive Program projects be paid out to each of the original grantees for the full grant amount except that the Secretary may retain 10 percent of the state share of funding until the US Department of Agriculture has provided a final practice approval of the project. Amends GS 143-215.72(d) to procedures that apply to grants for the purpose in GS 143-215.71(8) to require, upon a request signed by the grant applicant and co-applicant, that the Department make periodic payments to the co-applicant for its share of non-federal costs of a project before receipt of a final practice approval from the Natural Resources Conservation Service if the grantee has submitted a certified reimbursement request or invoice.
Adds the following new provisions.
Amends GS 97-13, requiring the average weekly wage of inmates employed pursuant to the Prison Industry Enhancement Program to be calculated pursuant to GS 97-2(5).
Amends GS 114-2(1), setting forth the duties of the Attorney General, prohibiting the delegation of the duty to represent the State in criminal appeals to any district attorney's office or any other entity. Makes conforming changes to GS 7A-61, concerning duties of district attorneys. Further amends GS 7A-61 to specify that the district attorney has a duty to represent the State in juvenile cases in the superior and district courts in which the juvenile is represented by an attorney. Adds new requirements for the district attorney to provide the Attorney General any case files, records, and additional information necessary for the Attorney General to conduct appeals to the Appellate Division for cases from the district attorney's prosecutorial district. Prohibits the Attorney General from delegating to the district attorney or any other entity the duty to represent the State in criminal and juvenile appeals. Effective July 1, 2017. Provides that it is the obligation of the Attorney General to work with each district attorney to ensure that all criminal appeals delegated on or after July 1, 2017, to a district attorney's office are properly returned to the Attorney General's office. Establishes that actions taken by the office of a district attorney related to a criminal appeal delegated to that office on or after July 1, 2017, is deemed to have been taken with full legal authority to act on behalf of the State.
Amends Part XVII of SL 2017-57 by adding the following. Amends GS 15-1 to provide that the crimes of deceit and malicious mischief, the crime of petit larceny where the value of the property does not exceed $5, and all misdemeanors except malicious misdemeanors are to be charged (was, presented or found by the grand jury) within two years after the commission of the crime. Provides that if any pleading (was, any indictment found within that time) is defective so that no judgment can be given, another prosecution may be instituted for the same offense, within one year after the first is abandoned by the State. Effective December 1, 2017.
Also amends GS 8C-1, Rule 702(a1), to allow a witness (who is no longer required to be qualified under (a) of the statute and no longer specifying that proper foundation must be laid) to give expert testimony solely on the issue of impairment and not on the issue of specific alcohol concentration level relating to: (1) the results of a horizontal gaze nystagmus test when the test is administered in accordance with the person’s training by a person who has successfully completed training in HGN and (2) whether the person was under the influence of one or more impairing substances, and the category of such impairing substances or substances, if the witness holds a current certification as a Drug Recognition Expert issued by the State Department of Health and Human Services.
Adds the following new provisions.
Amends Section 34.28A of SL 2017-57, extending the date by which the Department of Transportation and the Department of Environmental Quality must report on the cost-benefit analysis of the State providing dredging services versus the State utilizing private contractors to provide dredging services to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources from February 1, 2018, to April 1, 2018.
Amends Section 34.29 of SL 2017-57, extending the date by which the Department of Transportation must report its findings on its study of Dredge Manteo to the Joint Legislative Transportation Oversight Committee from December 1, 2018, to April 1, 2018.
Adds the following new provisions.
Amends GS 105-244.4(a), as enacted by SL 2017-204 (Various Changes to the Revenue Laws). Authorizes the Secretary of Revenue to reduce an assessment against a taxpayer who requests relief for State and local sales and use taxes and waive any penalties imposed when the assessment is the result of an audit of the taxpayer by the Department of Revenue (Department) and all five qualifications, as specified, are met. Modifies and adds to the fifth qualification, now setting out three qualifications of which the taxpayer must meet one: (1) the taxpayer received a proposed assessment dated on or before August 15, 2017, did not file a request for review, paid the tax due, and filed a written request with the Secretary on or before December 29, 2017, to request the amount of sales or use taxes be reduced, citing specific reasons; (2) the taxpayer received a proposed assessment dated on or before September 30, 2017, timely filed a request for review, and files a written request with the Secretary on or before December 29, 2017, to request the amount of sales or use taxes be reduced, citing specific reasons; or (3) the taxpayer receives a proposed assessment after September 30, 2017, and timely files a request for review as provided in GS 105-241.11 and files a written request with the Secretary no later than 45 days from the date of the notice of the proposed assessment to request the amount of sales or use taxes be reduced, citing specific reasons. Adds that in the circumstance where the taxpayer received a proposed assessment dated on or before September 30, 2017, timely filed a request for review, and files a written request with the Secretary on or before December 29, 2017, to request the amount of sales or use taxes be reduced, the Department does not need to take further action on the taxpayer's request for review unless the taxpayer states in writing when filing the request for reduction that the reduction does not resolve the taxpayer's objection to the proposed assessment and that the taxpayer wishes to continue the Departmental Review. Effective August 11, 2017.
Makes technical correction to Section 38.8(a) of SL 2017-57. Applies retroactively to sales made on or after July 1, 2017.
Amends GS 18B-1114.1, as amended, to remove farmers' markets from locations at which the holder of an unfortified winery permit, a limited winery permit, a viticulture/enology course authorization, or a wine producer permit may give free tastings or sell wine.
Retains changes made to GS 28A-2B-1 in the previous edition.
Amends GS 28A-21-2, as amended, to no longer require a personal representative or collector to certify in the final account when no estate or inheritance tax return was required to be filed for an estate, including no longer requiring that specified information be listed in such a certification.
Amends GS 31D-5-505, as recodified, to remove references to a limitation of a power of appointment. Requires the Revisor of Statutes to print all explanatory comments of the drafters of the section as deemed appropriate.
Retains changes to GS 36C-5-505 made in the previous edition.
Retains changes made to GS 42A-37 in the previous edition.
Amends GS 57D-1-03, as amended, to make technical changes, effective January 1, 2018.
Retains changes made to GS 90-92(a).
Amends GS 135-7(g)(2), to make a technical correction, effective October 1, 2017.
Retains changes made to GS 143-47.7.
Amends GS 143-138(b4)(2a) to make a technical correction.
Retains changes made to GS 143B-68.
Repeals SL 2006-248, Part XII, which established the House of Representatives Task Force on the Recovery of Costs in Civil Cases.
Repeals SL 2001-145, Section 6A.19(e), which established an advisory committee that includes business and information technology subject matter experts to provide advice and assistance during the evaluation of information technology operations, infrastructure, systems, ongoing projects, and applications within State government.
Makes conforming changes to the act's short and long titles.Agriculture, Alcoholic Beverage Control, Business and Commerce, Courts/Judiciary, Civil, Civil Law, Evidence, Court System, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Education, Employment and Retirement, Environment, Environment/Natural Resources, Government, State Agencies, UNC System, Department of Commerce, Department of Health and Human Services, Tax, Health and Human Services, Health, Public Health, Social Services, Child Welfare, Transportation
House committee substitute makes the following changes to the 1st edition.
Amends the long and short titles.
Deletes all provisions of the 1st edition.
Repeals GS 14-27.23(c) and GS 14-27.28(c), which authorize a court to sentence a defendant found guilty of statutory rape of a child or statutory sexual offense with a child to a greater term of months of imprisonment than is allowed under GS 15A-1340.17 in certain circumstances.
Amends GS 14-208.18(c). Further prohibits registered sex offenders from knowingly being within 300 feet ofany location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors, when the offender has committed an offense in violation of GS 14-202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful act).
Amends GS 14-313(d), which prohibits sending or assisting a person less than 18 years to purchase or receive tobacco products or cigarette wrapping papers. Creates an additional exception to this prohibition for the Department of Health and Human Services, when it enlists persons under the age of 18 to test compliance under 21 USC 9, Subchapter IX, under the supervision of the FDA and with parental consent. Makes clarifying and technical changes.
Amends GS 18B-1000 (Definitions concerning establishments) to definesports and entertainment venue.
Amends GS 18B-1001 (Kinds of ABC permits; places eligible). Authorizes the issuance of an on-premises malt beverage permit, an on-premises unfortified wine permit, and a mixed beverage permit to sports and entertainment venues.
Amends GS 18C-112(a). Provides that the Governor-appointed member of the NC State Lottery Commission that has at least five years' experience in law enforcement may be an elected law enforcement official.
Amends GS 28A-2B-2 (Venue). Clarifies that the venue for a petition for living probate of a will under GS 28A-2B-1 is the county in which the petitioner whose will or codicil is the subject of the petition resides (was, is domiciled).
Appears to recodify GS 39-35 as GS 31D-5-505. Amends caption of recodified GS 31D-5-505 to read Requisites of release as against creditors and purchasers for value. Deletes all references to limitations of powers of appointments. Contingent upon the enactment of H 229 from the 2017 Regular Session, directs the Revisor of Statutes to print all explanatory comments of the drafters of this section, as the Revisor deems appropriate.
Amends GS 36C-5-505 (Creditor's claim against settlor). Amends the description at GS 36C-5-505(c)(1)c. of a class of inter vivos trusts, the property of which is considered not to have been contributed by a settlor, when a beneficiary of the trust is only the settlor's spouse, or the settlor's spouse and the settlor's issue, to replace the provision that refers to the settlor's issue with a provision that refers to issue of the settlor, the settlor's spouse, or both. Directs the Revisor of Statutes to print all explanatory comments of the drafters of this section, as the Revisor deems appropriate.
Makes a technical change to GS 42A-37.
Amends GS 45-10 (Substitution of trustees in mortgages and deeds of trust). Provides that an attorney who serves as the trustee or substitute trustee shall not represent either the noteholders or the interests of the borrower while initiating a foreclosure proceeding. Makes a clarifying change.
Enacts new GS 58-3-226 (Reimbursement contracts and assignment of benefits). Defines five terms. Requires a reimbursement contract between a health care provider and an insurer or a third-party administrator to require that reimbursement shall be made directly to the health care provider for any service provided by the health care provider under the reimbursement contract and covered under the health benefit plan. Directs an insurer or third-party administrator to accept and honor a valid, completed assignment of benefits agreement that assigns the insured's reimbursement benefits to a health care provider, if there is no reimbursement contract between a health care provider and an insurer or third-party administrator. Effective October 1, 2017, and applicable to reimbursement contracts and assessment of benefit agreements entered into or amended on or after that date.
Amends GS 58-10-345(g). Deletes that the provision that applies GS 58-2-160 (Reporting and investigation of insurance and reinsurance fraud and the financial condition of licensees; immunity from liability)to investigations conducted by outside legal, financial, and audit services at the direction of the Commissioner of Insurance under that statute.
Amends GS 58-10-355 (Organizational audit). Provides that an organizational audit (was, investigation or audit) may be performed before an applicant business entity is licensed under GS Chapter 58, Article 10, Part 8 (NC Captive Insurance Act). Provides that such investigation or audit shall consist of a general review (was, general survey) of the applicant's records, as currently specified.
Amends GS 58-10-385(a). Provides that a change in a captive insurance company's executive officers or directors is deemed approved unless it is disapproved within 30 days from the completion of the Commissioner's review of the biographical affidavit.
Amends GS 58-57-90. Amends caption to read Credit property insurance; personal property coverage. Amends the definitions ofsingle interest credit propertyanddual credit property to refer topersonal property instead ofpersonal household property. Amends the definition of the termpersonal household property, renaming the termpersonal property, and including all personal property of the debtor, except an automobile, not used by the debtor in a business trade or profession.
Amends GS 58-57-110(a). Directs the Commissioner to prescribe a minimum incurred loss ratio every three years (currently: every year), beginning September 1, 2018. Provides that the minimum incurred loss ratio standard is effective January 1, the year after it is prescribed, and remains in effect until a new minimum incurred loss ratio standard requirement is prescribed.
Amends GS 66-58 (Sale of merchandise or services by governmental units). Replaces the provision that this statute does not prohibit the operation of lunch counters by the Department of Health and Human Services (DHHS) with one that this statute does not prohibit the operation of food and vending services under GS Chapter 111, Article 3 (Operation of Vending Services on State Property).
Enacts new GS 111-47.4 (Food service at certain state properties or facilities). Authorizes DHHS to operate or contract for the operation of food or vending services at State property or State facilities allocated to the Department of Administration or the Department of Insurance. Provides that net proceeds of revenue generated by food and vending services at such property or facilities shall be credited to the Division of Services for the Blind of DHHS for the purposes specified in GS 111-43. Does not remove an exemption granted in GS 111-42(c).
Amends GS 146-29.1 (Lease or sale of real property for less than fair market value). Provides that this statute does not apply to leases entered into by DHHS for the operation of food and vending services under GS Chapter 111, Article 3.
Amends GS 90-92(a). Designates one new class of substances to be a Schedule IV narcotic. Contingent upon the passage of H 464, from the 2017 Regular Session, repeals GS 90-92(a)(5)c., which is added by that act. Effective December 1, 2017, and applies to offenses committed on or after that date.
Amends GS 90-113.74 (Confidentiality). Authorizes DHHS to release data in the controlled substances reporting system to the NC State Opioid Treatment Authority for purposes of approving, denying, or evaluating programs.
Repeals SL 2008-107, Section 7.18(b), which directs the Department of Public Instruction to report to the Joint Legislative Oversight Committee by April 15 of each year on the effectiveness of the Plant Operation Section of the School Support Division's efforts to assist local school administrative units in managing environmental issues.
Amends SL 2015-241, Section 31.7(b). Amends the due date of the reports of each State agency on the status of agency capital projects semiannually to the Joint Legislative Commission on Governmental Operations, and quarterly to the Fiscal Research Division and the Office of State Budget and Management, to begin on October 15, 2017 (was, October 1, 2015), and periodically thereafter as specified.
Amends GS 143-47.7 (Notice and record of appointment required). Deletes the provision requiring written notice of appointments to the State Library.
Recodifies GS 143-320(3) as GS 143B-135.44(3a).
Recodifies GS 143-323(a) and (d) as GS 143B-135.58(a) and (b), to be entitled Additional powers and duties of the Department regarding recreation.
Amends GS 143B-135.58, as enacted by this act. Reassigns the powers and duties from the Department of Environmental Quality to the Department of Natural and Cultural Resources. Requires federal grant funds to be expended under the State Budget Act. Designates the Director of the Division of Parks and Recreation as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or any successor fund, and the Secretary of the Department of Natural and Cultural Resources may designate additional personnel to assist the Director in these responsibilities.
Amends GS 143-166.13(a). Provides that sworn state law enforcement officers with the power of arrest within the Department of Natural and Cultural Resources that are subject to the Criminal Justice Training and Standards Act are entitled to the benefits of GS Chapter 143, Article 12B (Salary Continuation Plan for Certain State Law Enforcement Officers).
Amends GS 143-548 (Vocational Rehabilitation Council). Authorizes the member of the Council who is a representative of a parent training and information center to serve more than two consecutive full terms.
Amends GS 143B-68 (Public Librarian Certification Commission--members; selection; quorum; compensation). Re-designates the seat on the commission, currently provided to the chairman of the NC Association of Library Trustees, to be for an additional individual named by the Governor upon nomination of the NC Library Association.
Amends the title of GS Chapter 143B, Article 2, to read North Carolina Zoological Park.
Enacts new GS 143B-135.204 (Powers and duties of the Secretary). Authorizes the Secretary of the Department of Natural and Cultural Resources to adopt rules governing the operation of the Zoological Park, including rules regulating its use and enjoyment by the public. Does not limit the power of the NC Zoological Park Council to establish and set admissions fees. Authorizes the Secretary to acquire, dispose of, and develop Zoological Park property, both real and personal, in accordance with generally accepted practices for zoos and aquariums accredited by the American Association of Zoos and Aquariums.
Amends GS 143B-135.234(a). Reassigns the administration of the Clean Water Management Trust Fund from the Department of Environmental Quality to the Department of Natural and Cultural Resources.
Amends GS 147-86.70 (Policy and definitions). Definesrepresentative payee.
Amends GS 147-86.71 (ABLE Program). Further authorizes a representative payee to establish an account by making an initial contribution to the ABLE Program Trust, signing an application form, and naming the designated beneficiary. Further requires the ABLE Program Board of Trustees to ensure that a representative payee appointed as a signatory of an ABLE account does not have or acquire any beneficial interest in the account and administers the account for the benefit of the designated beneficiary.
Amends GS 95-25.8 (Withholding of Wages). Prohibits an employer from withholding or diverting any portion of an employee's wages for the purpose of paying a membership fee or dues to a membership association organized under 26 USC 501(c)(5) or 26 USC 501(c)(6), except as provided in GS 143B-426.40A (Assignment of claims against State) and under federal law. Effective when the bill becomes law, and applicable to agreements between employers and employees or membership associations entered into, renewed, or extended on or after that date.
Amends GS 95-79 (Certain agreements declared illegal). Declares invalid and unenforceable, as against public policy in restraint of trade or commerce, any provision that directly or indirectly conditions the terms of an agreement not to sue or settle litigation upon an agricultural producer's status as a union or nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor organization. Effective when the bill becomes law, and applicable to agreements and settlements entered into, renewed, or extended on or after that date.
Amends GS 153A-335 (Subdivision defined), as amended. Requires (currently, authorizes but does not require) a county to require only a plat for recordation for the division of a tract or parcel of land in single ownership, if each of the currently listed criteria are met. Amends the criteria regarding permanent means of ingress and egress for each lot, to require as an alternative that a lot may front an existing public right-of-way. Effective August 1, 2017.
Amends GS 160A-376 (Definition), as amended. Changes are identical to those for GS 153A-335. Effective August 1, 2017.
Amends the effective date for SL 2017-10, Section 2.5, which amended GS 153A-335 and GS 160A-276, to take effect August 1, 2017 (was, July 1, 2017). This provision, amending the effective date of SL 2017-10, Section 2.5, is effective July 1, 2017.
Amends GS 159-32 (Daily Deposits). Provides that taxes and other collected and received money by officers or employees of local governments or public authorities are to be deposited in a properly licensed and recognized cash collection service (currently, does not specify where). Amends the provision authorizing a governing board to approve delaying such deposits until moneys on hand amount to at least $250, to delete the requirement that in any case a deposit must be made on the last business day of each month. Requires money to be maintained in a secure location until deposited or officially submitted. Effective October 1, 2018.
Amends SL 2016-81, Section 3, regarding the effective date of GS Chapter 53, Article 16B (NC Money Transmitters' Act). Makes that act effective October 1, 2016 (was, October 1, 2015).
Amends SL 2017-10, Section 3.3. Directs the Department of Environmental Quality to submit its report on the findings of the Division of Waste Management on whether the solid waste management activities in the State are being conducted in a manner most beneficial to State citizens on March 1, 2018 (was, March 1, 2017).
Except as otherwise provided, the act is effective when it becomes law.Alcoholic Beverage Control, Business and Commerce, Insurance, Courts/Judiciary, Civil, Civil Law, Civil Procedure, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Land Use, Planning and Zoning, Property and Housing, Employment and Retirement, Environment, Environment/Natural Resources, Government, State Agencies, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Insurance, Department of Public Instruction, Office of State Budget and Management, State Government, State Personnel, State Property, Health and Human Services, Health, Public Health, Social Services, Adult Services
House amendments makes the following changes to the 2nd edition.
Amendment #1 deletes proposed GS 58-3-226 (Reimbursement contracts and assignment of benefits). Makes conforming changes.
Amendment #2 repeals GS 93B-1(b)(25) and GS 93B-1(b)(50) as enacted by HB 701 (OLB Uniform Discipline and Increase Oversight) of the 2017 Regular Session if HB 701 becomes law, removing the NC Criminal Justice Education and Training Standards Commission and the Sheriffs' Education and Training Standards Commission from the comprehensive list of occupational licensing boards in the State set forth in GS 93B-1(b).
Amends GS 150B-38(a), adding the NC Criminal Justice Education and Training Standards Commission and the Sheriffs' Education and Training Standards Commission to the scope of Article 3A (Other Administrative Hearings).Alcoholic Beverage Control, Business and Commerce, Insurance, Occupational Licensing, Courts/Judiciary, Civil, Civil Law, Civil Procedure, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Land Use, Planning and Zoning, Property and Housing, Employment and Retirement, Environment, Environment/Natural Resources, Government, State Agencies, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Insurance, Department of Public Instruction, Office of State Budget and Management, State Government, State Personnel, State Property, Health and Human Services, Health, Public Health, Social Services, Adult Services
Summary date: Apr 3 2017 - View summary
Identical to H 229, filed 3/1/17.
Amends GS 1-117, concerning the "Record of Lis Pendens" to clarify that it is to be kept under GS 7A-109 (was, GS 2-42(6), which no longer exists). Makes language gender neutral.
Amends GS 7B-302(a), by making a technical correction to add the word "juvenile."
Amends GS 14-118.6(b1) to clarify that the clerk of superior court must not file, index, or docket a document against the property of a public officer or public employee until the document is approved by any judge of the judicial district having subject matter jurisdiction for filing by the clerk of superior court.
Amends GS 14-159.3(a1) by replacing he/she, with landowner, making the language gender neutral and allowing for corporate landowners.
Amends GS 14-208.6 to correct an oversight by adding violations of GS 14-27.24, first-degree statutory rape, to those considered to be sexually violent offenses. Effective December 1, 2015.
Amends GS 20-45, concerning the seizure of documents and license plates by the Division of Motor Vehicles, to make a technical change, make language gender neutral, and to update a statutory reference for a repealed statute.
Amends GS 20-171.24 by updating the statute's catchline to reflect the fact that the statute applies statewide.
Amends GS 24-10.1 by deleting a reference to a repealed statute.
Amends GS 28A-2-4, concerning the clerk of superior court's subject matter jurisdiction in estate proceedings, by correcting an error in (a) to now provide that in the absence of a transfer to superior court, Article 26 of GS Chapter 1 applies to an estate (was, to a trust) proceeding pending before the clerk of superior court. Also corrects a cross-reference and adds a reference to GS 28A-2-5 in (c).
Amends GS 28A-19-5(b) by inserting a missing word, to clarify that the subsection applies to unliquidated claims that have "not yet" become absolute.
Amends GS 31B-1(a), which lists the person who may renounce an interest in property, to clarify that the list also includes permissible appointees or takers in default, in addition to appointees.
Amends GS 36C-8-816.1 to replace the term "Code" with "Internal Revenue Code." Further amends (c)(9) to prohibit the terms of a second trust from containing any provisions that would jeopardize any other specific tax benefit for which the first trust was clearly designed to qualify and for which the first trust qualified or would have qualified but for the enactment of the statute (was, any other specific tax benefit for which a contribution originally qualified for income, gift, estate, or generation skipping transfer tax purposes).
Repeals GS 39-33 (concerning the method of release or limitation of a power of appointment with respect to real or personal property exercisable by deed or will), which is no longer necessary because the provisions are contained in a new statute. Makes a conforming repeal of GS 39-34 (which provides that the method of release prescribed in GS 39-33 is not exclusive).
Recodifies GS 39-35 as GS 31D-5-505 and GS 39-36 as GS 31D-4-403.1.
Amends GS 42A-17(a) to require that a vacation rental agreement identify the name and address of the federally insured depository institution (was, the bank or savings and loan association) in which the tenants's security deposit and other advance payments are held.
Amends GS 97-25 by making clarifying changes and replacing the term "electronic mail" with "electronic means."
Amends the catchline of GS 108A-70.21 by removing the reference to the purchase of extending coverage, which is no longer included in the statute.
Amends GS 115C-112.6(b1)(2)d. by removing an unneeded word.
Amends GS 120-4.16 by making an organizational change.
Repeals GS 120-57, which required the Legislative Intern Program Council to promulgate a plan for the use of legislative interns, as the Council no longer exists.
Amends GS 136-41.2(c) by updating a statutory reference.
Amends GS 143-215.31(a1) to correct punctuation.
Amends GS 143-341.2(b)(3) by correcting a spelling error.
Amends GS 143B-168.5 by clarifying that the unit within the Department of Health and Human Services that is responsible for dealing with violations involving child abuse and neglect in child care arrangements is the Division of Child Development and Early Education. Updates a statutory reference for a repealed statute.
Amends GS 143B-394.15 by removing the Secretary of the Department of Public Safety from the membership of Domestic Violence Commission, because the Secretary appears twice. Make additional conforming and technical changes.
Amends GS 143B-931 by updating a statutory reference.
Amends GS 143C-6-4(b) to update statutory references.
Amends GS 146-9(b) by deleting an extra word.
Amends GS 147-12(a) by correcting a reference to a statutory subdivision.
Amends GS 153A-340(h) by deleting duplicate language.
Amends GS 160A-332(a) to make punctuation changes and to update a statutory reference.
Amends GS 160A-372(e) and (f) by making clarifying changes.
Amends SL 2014-107 to add that Section 5.1 of the act, which amends GS 41-23 to provide that the common law rule against accumulations does not apply to trusts created or administered in this state, applies to all trusts created before, on, or after the effective date of the act. Retroactively effective to August 6, 2014.
Makes a clarifying change to the introductory language of Section 54.5(b) of SL 2015-264.
Requires the Revisor of Statues to cause to be printed an explanatory comment to GS 36C-1-112 by the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association. Also requires printing of all explanatory comments of the drafters of Section 12 and 13(b) and (c) as the Revisor deems appropriate.Banking and Finance, Courts/Judiciary, Civil, Civil Law, Civil Procedure, Juvenile Law, Delinquency, Motor Vehicle, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Employment and Retirement, Government, Budget/Appropriations, General Assembly, State Government, State Property, Local Government, Health and Human Services, Social Services, Transportation