TECHNICAL CORRECTIONS. (NEW)

View NCGA Bill Details2017-2018 Session
Senate Bill 469 (Public) Filed Wednesday, March 29, 2017
AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING AND CONFORMING CHANGES TO THE GENERAL STATUTES AND SESSION LAW.
Intro. by Brown.

Status: Ch. SL 2018-145 (Senate Action) (Dec 27 2018)

SOG comments (2):

Change long and short titles

House committee substitute to 2nd edition changed long and short titles.  Long title was AN ACT TO CONSERVE MUNICIPAL SOLID WASTE LANDFILL CAPACITY BY PREVENTING THE ENACTMENT OF CERTAIN FLOW CONTROL MEASURES. Short title was PRESERVE MUNICIPAL SOLID WASTE CAPACITY.

Short and Long Title Changes

House committee substitute to the 4th edition makes changes to the short and long titles. The original titles are as follows:

AMEND ENVIRONMENTAL LAWS-4.

AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS.

Bill History:

S 469/S.L. 2018-145

Bill Summaries:

  • Summary date: Dec 27 2018 - More information

    AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING AND CONFORMING CHANGES TO THE GENERAL STATUTES AND SESSION LAW. Enacted December 27, 2018. Effective December 27, 2018, except as otherwise provided.


  • Summary date: Dec 23 2018 - More information

    The Governor vetoed the act on 12/21/18. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2017/7710/0/S469-BD-NBC-2677.


  • Summary date: Dec 13 2018 - More information

    Conference report makes the following changes to the 6th edition.

    Makes technical changes to previous Section 22 of the bill (now Section 1), concerning applications for students with disabilities scholarships and the Opportunity Scholarship Grant Program.

    Adds a new section providing as follows. Amends Part 4 of Article 23 of GS Chapter 116 to require that the Transforming Principal Preparation Grant Program (Program) be administered by the State Education Assistance Authority (Authority) in collaboration with the North Carolina Principal Fellows Commission (was, administered by the Authority through a cooperative agreement with a private, nonprofit corporation). Makes conforming changes by transferring duties that would have fallen to the nonprofit to the Commission instead. Amends GS 116-209.73 to allow recommending renewing a grant based on compliance with grant terms in addition to performance. Adds that the terms of forgivable loans to program participants must be consistent with GS 116-74.43 (concerning terms of scholarship loans). Enacts new GS 116-209.75 allowing the Authority to use up to $20,000 in a fiscal year from the funds appropriated to the Program for administrative costs. Also requires the Authority to provide for the expenses of the Commission to administer the Program. Makes conforming changes to the permissible use of money in the Trust Fund. Repeals Section 11.9(m) of SL 2015-241, as amended, which allocated funds for the contract with the nonprofit and specified how much funding could be used for administrative purposes. Increases the amount that is to be allocated each fiscal year for grant awards from $4.2 million to $4.56 million beginning with the 2019-20 fiscal year. The above provisions are effective July 1, 2019. The following provisions are effective when the act becomes law. Prohibits grantees from imposing the requirement that program graduates serve a minimum of four years as a school-based administrator in the state for any participant who entered the school leader preparation program before July 1, 2019. Prohibits the nonprofit contracting with the Authority as of the date the act becomes law from entering into or executing new contracts associated with the Program on or after the date the act becomes law. Requires the nonprofit as soon as practicable, but no later than June 30, 2019, to transfer to the Commission all of the data that was collected from grant recipients including data collected in the 2018-19 fiscal year. 

    Repeals Section 3.9 of SL 2018-97 which required up to $4 million in nonrecurring funds appropriated from the Dorothea Dix Hospital Property Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2017-2018 fiscal year, to pay for renovation or building costs associated with the construction of new, licensed inpatient behavioral health beds at Cape Fear Valley Medical Center in Cumberland County to be used instead to for renovation or building costs associated with the construction of new, licensed inpatient behavioral health beds at Betsy Johnson Hospital in Harnett County. 

    Amends SL 2018-42 subsection 2(h) by changing the effective date of the amendments to various laws on automobile transfer of title, including new GS 20-72.1 concerning the transfer by owner when a certificate of title is unavailable, from January 1, 2019, to March 1, 2019.

    Amends SL 2018-5, as amended, by amending the reallocation of the $700,000 to Cedar Point for a grant in aid for downtown revitalization to require that $50,000 be provided to Tyrell County for disaster recovery assistance (was, $50,000 to Cedar Point for downtown revitalization). Makes conforming changes.  

    Amends Section 5.6(b)(6) of SL 2018-5 to require that of the $60 million transferred to the State Emergency Response/Disaster Relief Reserve, $20,000 be appropriated to the Office of State Budget and Management, instead of the Division of Water Resources in the Department of Environmental Quality, for storm debris cleanup in streams and rivers in Transylvania County. Adds that there is no non-state match required.

    Deletes the provisions of previous Section 3 which amended the eligibility for the principal bonus multiplier.

    Deletes the provisions of previous Section 10, amending SL 2018-5 concerning grant-in-aid to the Veterans Life Home in Butner.

    Deletes the provisions of previous Section 12.5, amending GS 20-4.01 and GS 20-51 concerning electronic standup scooters.

    Deletes the provisions of previous Section 13, amending SL 2017-57 concerning the Industrial Commission’s retaining certain fees for the replacement and management of its case management systems and related expenditures.

    Modifies the proposed changes to GS 131E-184(h) set out in previous Section 14 and now Section 15, to maintain the existing language regarding the required notice from potential operators of a Legacy Medical Care Facility and the Department of Health and Human Services’ required extension of a facility’s operational deadline in order to qualify for the certificate of need review.

    Deletes the provisions of previous Section 15, amending GS 143B-344.62 concerning the Outdoor Heritage Advisory Council fixing the salary of the executive director.

    Deletes the provisions of previous Section 20, revising several statutes in Article 7A of GS Chapter 115C pertaining to Innovative School Districts.

    Deletes the provisions of previous Section 21, which extended the agricultural disaster program deadline set out in SL 2018-136.

    Makes a technical change to previous Section 22.5 that is now Section 20, concerning the effective date of the proposed changes pertaining to charter schools operated by a municipality participating in the Teachers’ and State Employees’ Retirement System and the State Health Plan.

    Makes a technical correction to the descriptive heading of previous Section 22.2 that is now Section 23, concerning victim confidentiality under GS 14-43.17.

    Deletes the provisions of previous Section 22.10, which amended GS 163A-1145.1 (concerning the reasonable impediment declaration form provided to voters who do not provide an acceptable form of photo ID to vote) and GS 163A-869 (concerning voter registration cards) if SB 824 of the 2017 Regular Session becomes law.

    Provided that if H 1029 (Bipartisan State Board Changes) of the 2017 Regular Session becomes law, amends GS 163-30, as recodified and amended by that act, regarding county boards of elections. Specifies that of the four members appointed by the State Board to each county board of elections (H 1029 increases county elections boards from three to five members, adding another State Board of Elections appointed member and one Governor appointed member), two members each must belong to the two political parties having the highest number of registered affiliates reflected by the State Board’s latest registration statistics. Makes conforming changes to specify that the State chair of the two political parties having the highest number of registered affiliates has the right to recommend three registered voters in each county for appointment by the State Board.

    Amends GS 143-214.7(b2), concerning parameters for State stormwater programs and local stormwater programs approved by the Environmental Management Commission pursuant to the statute. Modifies the parameters in subdivision (2) regarding permitted development within the area that would otherwise be required to be placed within a vegetative buffer required by the Commission under GS 143-214.1 or GS 143-214.7, allowing such development, provided the stormwater runoff from the entire impervious area of the development is collected, treated, and discharged so that  it passes through a segment of the vegetative buffer (currently, provided the stormwater runoff from the development is collected and treated from the entire impervious area and discharge so that it passes through the vegetative buffer) and is managed to be otherwise compliant with all applicable state and federal stormwater management requirements. Additionally, removes specific purpose phrasing “to protect classified shellfish waters, outstanding resource waters, and high quality waters.” Further, adds to subsection (b3), which (1) prohibits stormwater runoff rules and programs from requiring private property owners to install new or increased stormwater controls for preexisting development or redevelopment activities that do not remove or decrease existing stormwater controls, and (2) prohibits increased stormwater controls when a preexisting development is redeveloped except for the amount of impervious surface being created that exceeds the amount of impervious surface that existed before the redevelopment. Makes subsection (b3) applicable to all local governments regardless of their regulatory authority, and adds new requirement for local governments to include the requirements of subsection (b3) in their stormwater ordinances.

    Authorizes the Wayne County Board of Education to apply to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary, pursuant to GS 115C-105.37B(a)(2), no later than February 1, 2019. Specifies that application for authorization to adopt the restart model  would be in lieu of adopting a resolution regarding closure or transfer of the school into the NC Innovative School District (ISD). Provides for alternative consequences concerning the transfer of Carver Heights Elementary to the ISD depending on whether the State Board of Education authorizes Wayne County Board of Education’s application to operate the school as a restart model school.

    Amends Section 8 of SL 2016-110, as amended, which provides for the selection of innovative schools. Removes the requirement for the State Board of Education to select at least two qualifying schools to transfer to the ISD no later than the 2019-20 school year, instead making the State Board select all five qualifying schools for transfer to the ISD no later than the 2020-21 school year. 

    Adds a severability clause.

    Makes organization changes throughout the act.


  • Summary date: Dec 6 2018 - More information

    House amendments make the following changes to the 5thedition.

    Amendment #1 modifies the proposed addition to Section 15.9 of SL 2018-5, as amended, regarding the allocation of the $700,000 grant-in-aid to the Town of Cedar Point for downtown revitalization. Previously, those funds were directed to instead be provided to Carteret County for economic development purposes. Now, requires the funds be provided in the specified amounts for the purpose of downtown revitalization to the following towns and cities: Trenton, Pollocksville, Maysville, Princeton, Mount Olive, Goldsboro, Kinston, New Bern, Pink Hill, Lillington, Tabor City, and Cedar Point.

    Amendment #2 adds new Section 22.4, directing the Office of State Human Resources (Office) to establish two new position classifications, Director and Deputy Director, for the Samarcand Training Academy (of the Department of Public Safety (DPS)) with the specified salary grades. Directs the Office to reclassify the identified position number as Samarcand Director. Further directs the Office to collaborate with DPS in creating the new job descriptions.

    Amendment #4 adds new Section 22.15, amending GS 163A-869. Under current law, county boards of election are authorized to issue voter registration cards upon approval of the county commissioners. Modifies this provision to mandate county boards of election issue voter registration cards upon initial registration or a change in registration. Further, requires county boards of elections to reissue voter registration cards to all registered voters no later than January 1, 2020, and every four years thereafter. Makes conforming changes. Effective July 1, 2019.

    Amendment #5 adds language to the proposed addition to Section 6.2 of SL 2018-5 (Appropriations Act of 2018), further specifying that a non-State entity as described cannot be required, as a condition of receipt of funds by a State agency administering funds appropriated by SL 2018-5, to submit any documentation attesting or certifying its 501(c)(3) exemption or that it is a nonprofit organization.

    Amendment #7 adds new Section 22.10, amending GS 163A-1145.1(d1), regarding the reasonable impediment exception to the requirement to present a photo ID to vote, if S 824 of the 2017 Regular Session (Implementation of Voter ID Constitutional Amendment) becomes law. Adds to the content required to be included on the reasonable impediment declaration form to include the inability to obtain a photo ID due to school schedule (currently, only due to work schedule) as a reasonable impediment checkbox on the form.

    Amendment #8 further amends GS 131E-184(h) to make clarifying language changes by replacing "shall" with "must" throughout (h) and to correct the facility  name. Amendment #13 makes a technical correction to Amendment #8.

    Amendment #9 modifies the proposed changes to Section 8.3 of SL 2018-5, regarding the expansion of principal bonus multiplier eligibility, amending one of the alternative qualifications to include principals who supervised a school with an overall school performance grade of D or F for the majority of the 2016-17 school year, provided the principal supervised the school for a majority of the 2017-18 school year (previously, provided the principal supervised the same school for a majority of the 2016-17 and 2017-18 school years).

    Amendment #10 amends GS 115C-75.12 by changing the terms that must be included in a contract with an IS operator of an innovative school to provide that if by the end of the five year contract, the innovative school’s average annual percentage growth during the term of the contract does not exceed the average annual percentage growth of other qualifying schools during the same time, the State Board of Education must not renew the contract of the IS operator and must develop a transition plan to return the school to the local school administrative unit to determine whether or not school closure is appropriate (was, the State Board of Education must not renew the contract of the IS operator and must close the school).

    Amendment #11 makes Section 5 of act, which changes the numbers of assistant district attorneys in District 28 referred to in SL 2018-121 and amends GS 1-267.1 by changing references to the number of judicial divisions, to now make that section effective January 1, 2019, instead of when the act becomes law.


  • Summary date: Dec 4 2018 - More information

    House committee substitute makes the following changes to the 4th edition. Deletes the contents of the previous edition and replaces it with the following. Makes conforming changes to the act's short and long titles.

    Section 1

    Repeals GS 66-353 which required a cable service franchisee to file an annual service report with the Secretary of State. Applies to annual service reports required to be filed on or after the date the act becomes law.

    Section 2

    Requires that the funds provided to Dragonfly House in SL 2018-5 be allocated to the Davie County Sheriff's Office be provided to Dragonfly House Children's Advocacy Center, Inc., in Mocksville. 

    Specifies that the grant-in-aid provided to Patriot's Charity under SL 2018-5 in the specified budget code is to be provided to Patriot Military Family Foundation.

    Amends SL 2018-5, Section 26.3, as amended, to provide that the allocation of the $3,165,308 to the Office of State Budget and Management (OSBM) is to include an allocation to provide law enforcement grant-in-aid in the amount of $15,000 to the Bryson City Fire Department for equipment upgrades (was, $15,000 to the Bryson City Police Department for a K-9 transport unit).

    Amends SL 2018-5, as amended, by adding that the grant-in-aid in the amount of $700,000 given to Cedar Point for downtown revitalization is to be provided instead to Carteret County for economic development.

    Section 3

    Amends Section 8.3 of SL 2018-5 concerning the principal bonus schedule by providing that a principal who qualifies for a bonus and supervised a school with an overall school performance grade of D or F for a majority of either of the following school years (was, for a majority of the 2017-18 school year) is qualified for a bonus of twice the amount listed: (1) the 2016-17 school year, if the principal supervised the same school for a majority of the 2016-17 and 2017-18 school years; or (2) the 2017-18 school year.

    Requires such a bonus payment to be considered an additional payment of the bonus the principal received under Section 8.3 and not a new, separate, or second bonus.

    Require that bonus payments under this section be paid by December 31, 2018, to qualifying principal employed as of October 1, 2018.

    Section 4

    Amends GS 160A-400.54 by adding that the application fee that a city may charge to applicants for a permit for collocation of small wireless facilities and the technical consulting fee that the city may charge for each application are both subject to the limitations in GS 160A-296(a)(6), which concerns a city's power to regulate and charge fees for digging in the streets, sidewalks, or alleys, and includes a prohibition on charging fees to businesses providing telecommunications service (with named fee exceptions).

    Section 5

    Amends Section 3 of SL 2018-121 to set the total number of assistant district attorneys in District 28 at six instead of nine.

    Amends GS 1-267.1 concerning the composition of a three-judge panel to hear certain constitutional challenges, by updating the numbers of the districts from which the judges are to be appointed to the panel.

    Section 6

    Amends GS 135-5 (Retirement System for Teachers and State Employees) and GS 128-27 (Retirement System for Counties, Cities and Towns) by extending the triggering date for retirement allowance provisions from July 1, 2018, to July 1, 2019. Effective July 1, 2019.

    Section 7

    Corrects a statutory cross-reference in GS 58-51-37.

    Section 8

    Amends Section 2 of SL 2018-75 to clarify the effective date for new GS 14-43.15 concerning affirmative defenses for human trafficking victims, new GS 14-43.16 providing for confidentiality for human trafficking victims, and for changes to GS 14-43.20 concerning restitution for victims of human trafficking. Deletes Section 5 of that act, which amended the definition of abused juveniles to include all human trafficking victims less than 18 years old. Provides that Section 1 of that act which made the definition of victim apply throughout the article is effective December 1, 2018, and applies to offenses committed on or after that date.

    Section 9

    Amends Section 6.2 of SL 2018-5 by adding a prohibition on state agencies administering funds for a non-state entity that is subject to GS 143C-6-23 (State grant funds: administration; oversight and reporting requirements) from requiring as a condition for receipt of the funds submission of a document certifying that (1) it is an organization that is exempt from taxation or (2) it is a nonprofit organization, unless specifically required by state or federal law.

    Requires OSBM to review its rules governing disbursement of State funds to non-state entities to determine if its rules comply with GS 143C-6-23 and report to the specified NCGA committees and division by March 1, 2019.

    Section 10

    Amends Section 19.4 of SL 2018-5, as amended, concerning a grant-in-aid to Veterans Leadership Council of North Carolina-Cares to be used for the Veterans Life Center by requiring the Office of State Budget and Management and the Office to State Controller to take steps necessary to effectuate the necessary transfer of funds. Also corrects a statutory cross-reference.

    Section 11

    Amends Section 35.26 of SL 2018-5 which granted five days of annual leave to state employees by adding that the number of days awarded that carry forward to each following year is equal to the number of days awarded in the section that remain on December 31 of each year plus the number or days awarded in the section that were deducted from vacation leave in excess of 30 days for the calculation of sick leave. Prohibits requiring an employee to take the additional leave awarded. Applies retroactively to July 1, 2018.

    Section 12

    Amends GS 18B-1002 to authorize issuing permits to a profession sports organization (as defined) for the retail sale of malt beverages, wine, or mixed beverages for consumption on the premises of a professional sporting event at a stadium (1) with seating capacity of at least 40,000, and (2) that is owned or leased by a constituent institution of UNC in a county with a population of at least 900,000 people. Species that issuance of this permit also allows the issuance of a purchase-transportation permit. Makes a conforming change to GS 18B-1006.

    Section 12.5

    Adds electronic standup scooter to the defined terms in GS 20-4.01. Excludes electronic standup scooters from the defined terms motor vehicle and moped (passenger vehicle), but deems an electronic standup scooter a vehicle for purposes of GS Chapter 20. Makes organizational changes.

    Amends GS 20-51, exempting electronic standup scooters from the requirement of registration and certificate of title.

    Section 12.6

    Amends GS 20-7(b2), permitting disclosure of a social security number obtained in an application for a license, permit, or special identification card by the Division of Motor Vehicles (DMV) to the Judicial Department for the purpose of administering the criminal and motor vehicle laws.

    Section 13 

    Amends Section 15.19(b) of SL 2017-57, permitting the Industrial Commission to retain the additional revenue up to the previously specified $1.2 million of the receipts collected by the Commission (previously, more specifically of the fee charged to parties for the filing of compromise settlement agreements) to be used to replace and maintain the case management systems and related expenditures. Adds language to appropriate for the same purpose any funds, as described, deemed unappropriated.

    Section 14

    Makes technical correction to GS 131E-184(h) (concerning exemption from certificate of need review) to refer to the Legacy Medical Care Facility in subsubsection (1).

    Section 15

    Amends GS 143B-344.62, charging the Outdoor Heritage Advisory Council with fixing the salary of the executive director.

    Section 16

    Makes technical correction to GS 45-21.21, concerning the required notice of postponement of a sale, to refer to the notice of postponement required by subsection (g) that must be delivered to the Clerk of Superior Court rather than subsection (b) in subsections (h) and (i).

    Section 17

    Extends the date by which the Wildlife Resources Commission must recommend legislation concerning derelict and abandoned vessels, required by Section 2.8 of SL 2018-138, from March 1 to April 30, 2019.

    Section 18

    Amends Section 2.2 of SL 2018-138 (Hurricane Florence/Supplemental Act), which provided guidance for purposes of determining the average daily membership of the school supervised by the principal for schools designated under a major disaster declaration by the President. Reduces the number of days the principals supervising school must be closed from 15 to 10 days during the months of September, October and November 2018 as a result of Hurricane Florence to qualify under the provision.

    Section 19

    Amends GS 115C-242 concerning the use and operation of school buses, specifically permitting the use of school buses for transportation outside of the State when the superintendent determines the travel is the most direct route to and from the school. Makes technical and clarifying changes.

    Section 20

    Adds to the definition of innovative school (IS) operator in GS 115C-75.5(3), to provide that entities selected as an operator can include public or private higher education institutions, nonprofit and for-profit corporations, partnerships, limited liability companies, or local boards of education as provided in new GS 115C-75.7(c1). New  GS 115C-75.7(c1) permits the local board, no later than January 1, to submit to the Innovative School District (ISD) Superintendent a five-year plan to dramatically improve student achievement including an implementation timeline with benchmarks, as specified, upon a local board consenting to transfer the selected school to the ISD as an innovative school. Authorizes the State Board of Education to (1) approve the plan, (2) select the local board as IS operator of the qualifying school, and (3) impose additional conditional requirements for plan approval. Amends GS 115C-75.8, concerning the selection of IS operators, providing for local boards of prospective innovative schools to be selected as IS operator, subject to the specified criteria. Requires the State Board of Education to select another entity as IS operator if a five-year plan for student performance improvement is not agreed to and approved by January 15. Conditions the existing provision that encourages IS operators to hold public informational sessions and other outreach prior to a local board’s adoption of the resolution required by GS 115C-75.7(c) to when practicable to do so. Makes conforming changes. Amends GS 115C-75.9 concerning management of innovative schools, allowing the ISD Superintendent to review the potential impact of any changes regarding student enrollment at an innovative school and request a hearing before the State Board of Education regarding any proposed assignment if a local board of education is the ISD operator. Requires a local board that is an IS operator to provide facility and capital expenditures, transportation services, and services for children with disabilities in the same manner as provided for other schools in the local administrative unit in that school year. Details specific parameters concerning employees of a school that is transferring to the ISD if the IS operator is a local board of education, including the ISD Superintendent’s authority to direct the local on whether to continue employment. Makes other conforming changes to reflect the addition of local boards as possible IS operators.

    Amends GS 115C-75.10 regarding innovative school funds, adding a new provision specifying that funding for support and operational services, as defined, must be provided in the same manner and degree as in the prior school year if the IS operator is a local board. Makes organizational and conforming changes.

    Amends GS 115C-75.11, granting the ISD Superintendent the authority to select, approve, or remove the school principal of the innovative school if the IS operator is a local board. Makes conforming changes.

    Amends GS 115C-75.12 concerning the term of supervision for an innovative school. Provides that if by the end of the five-year contract the school’s average annual percentage growth during the contract does not exceed the average annual percentage growth of other qualifying schools during the same term, the State Board cannot renew the contract of the IS operator and must close the school (previously, cannot renew the contract of the IS operator and must develop a transition plan to return the school to the local school administrative unit). Adds provisions concerning the period of an approved plan for an IS operator that is a local board, providing for revocation of approval or nonrenewal of an approved plan based on performance, optional extension of an approved plan for three years by either the State Board of Education or the IS operator, and revocation of an approved plan on other grounds. Further provides for the local board’s provision of services in the event that approval is revoked and another IS operator must be selected. Makes conforming changes.

    Applies beginning with the 2019-20 school year.

    Section 21

    Extends the Agricultural Disaster Program deadlines for financial assistance for losses due to Hurricane Florence set out in Section 5.11 of SL 2018-136 from December 10 to December 20, 2018.

    Section 22

    Amends GS 115C-112.5(2), which defines eligible student for purposes of special education scholarships for children with disabilities awarded by the NC State Education Assistance Authority. Adds to the definition, a child under the age of 22 who resides in North Carolina meeting the specified criteria under current law, who was enrolled in a nonpublic school during the spring semester prior to the school year for which the student is applying and was enrolled for the entire school year immediately prior to the school year in which the student enrolled in the nonpublic school in a NC public school or a Department of Defense Elementary and Secondary School located in NC. Further, modifies the definition to specify enrollment during the spring semester prior to the school year for which the student is applying  (rather than simply the previous semester) for three existing alternative qualifications: the child was enrolled in a NC public school or a Department of Defense Elementary and Secondary School located in NC, the child received special education or related services through NC public schools as a preschool child with a disability, or the child received a scholarship. Makes clarifying and conforming changes to GS 115C-112.6(a2) regarding priority of awards.

    Sets forth specific qualifications for any student to receive a scholarship pursuant to Part 1H of Article 9 of GS Chapter 115C (Special Education Scholarships for Children with Disabilities), and granting those students eligible for a scholarship in the 2019-20 school year solely due to the provisions of Section 22.(c) of the act priority in award of scholarships over all applicants except those previously awarded scholarships.

    Amends GS 115C-562.1(3)a. and GS 115C-562.2(a)(1), making similar clarifying changes to the student eligibility and priority provisions regarding scholarships grants to attend any public school as those made to the special education scholarship provisions.

    Section 22.2

    Amends GS 14-43.17 by adding that the statute, which concerns confidentiality of human trafficking victims, does not apply to records that have been made part of the court file in the custody of the General Court of Justice. Makes conforming changes.

    Section 22.3

    Amends GS 15A-173.2 to require that the notification that a certificate of relief is automatically removed for a subsequent felony or misdemeanor conviction appear on the Petition and Order for a Certificate of Relief (was, on the forms that record criminal judgments).

    Section 22.5

    Amends GS 115C-218.90 by adding that a municipal charter school’s board of directors may elect to participate in the Teachers’ and State Employees’ Retirement System and the State Health Plan for Teachers and State Employees. Applies only to Cornelius, Huntersville, Matthews, and Mint Hill.

    GS 135-5.3 by allowing the board of directors of a charter school operated by a municipality to elect to become a participating employer in the Teachers’ and State Employees’ Retirement System.

    Amends GS 135-4 allowing for the purchase of creditable service  in the Teachers’ and State Employees’ Retirement System for employment as an employee of a charter school operated by a municipality whose board did not elect to participate in the system upon completion of five years of membership service.

    Amends GS 135-48.47 by providing that the section, which allows employees and dependents of employees of local governments to participate in the State Health Plan for Teachers and State Employees, does not apply to employees of a charter school operated by a municipality.

    Amends GS 135-48.54 by providing that no later than two years after a written charter has been signed, the board of directors of a charter school operated by a municipality must elect whether to become a participating employer in the State Health Plan for Teachers and State Employees.


  • Summary date: Jun 27 2017 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Deletes the proposed changes to GS 130A-334(9a), amending the definition of repair.

    Deletes the proposed changes to GS 130A-337, concerning initial improvement and operation permits for wastewater systems.

    Deletes proposed subsection (a2) in GS 130A-335 (Wastewater collection, treatment and disposal; rules), which required evaluations for soil conditions and site features be approved by the applicable permitting authorities. Also deletes the proposed changes to subsections (c) and (e), concerning rules of the Commission for Public Health and local boards of health. 

    Deletes the directive requiring the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1945 (Available Space) by prohibiting either the Commission or the rules of a local board of health from requiring sufficient available space for a replacement wastewater system of 480 gallons per day or less of domestic wastewater. Makes conforming deletions.

    Deletes the directive requiring the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1943 (Soil Depth) by prohibiting the Commission or the rules of a local board of health from establishing limitations on depths to suitable, provisionally suitable, or unsuitable soils or saprolite, or limitations based solely on gallons per day. Makes conforming deletions.

    Deletes the authorization to the Division of Water Resources and the State Property Office to negotiate an agreement with appropriate federal agencies for the State to assume responsibility for acquiring dredged material easement sites for maintenance dredging of the Atlantic Intracoastal Waterway between Beaufort Inlet and the Virginia border in exchange for the reduction in size and possible change in location of dredged material disposal easement sites currently held by the federal government. Deletes the proposed changes to GS 143-215.73F(b), which authorized the use of the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to provide funding for the above agreement with the federal government.

    Enacts GS 143-215.73M, establishing the Coastal Storm Damage Mitigation and Prevention Fund (Fund). Details the funding sources of the Fund. Limits allocation of revenue credited to the Fund to the State or local government to cover costs associated with beach nourishment, artificial dunes, and other projects to mitigate, remediate, or prevent coastal storm damage to the ocean beaches and dune system of the State. Details cost-sharing for any project funded by revenue from the Fund based on whether the dredging project is located in a development tier one area. Provides for the return of contributions to the Fund from non-State entities for a particular project or group of projects if the contribution has not been spent or encumbered within two years of receipt of the contribution to the Fund. 

    Amends GS 143-64.17 to add the terms excusable delay and interim period to the definitions provided. Defines excusable delay to mean a delay in performance of a guaranteed energy savings contract caused by an event or circumstance beyond a party's reasonable control, including without limitation, any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, quarantine, restrictions, delays of common carriers, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Defines interim period to be the period between the effective date of the guaranteed energy savings contract and the date the installation of the energy conservation measures is complete and has been accepted by the governmental unit. Makes organizational changes.

    Amends GS 143-64.17B (Guaranteed energy savings contracts). Adds to subsection (g), which requires a qualified provider to provide an annual reconciliation statement, to also require the qualified provider to provide a reconciliation statement for energy savings realized during the interim period, to be provided within 90 days from the time that the energy conservation measures become fully operational. Adds new subsection (h), providing that if completion of a project is delayed for reasons not the fault of the governmental unit or due to an excusable delay, as defined in new GS 143-64.17(2a), the projected acceptance date for purposes of structuring the financing is the date when the energy savings guarantee begins, and, if the measured and verifiable savings under the contract at the time of the scheduled payment of the financing contract are inadequate, the qualified provider is responsible for the shortfall. Specifies that the actual savings realized during the interim period must be held by the governmental unit for payment under the financing contract. 


  • Summary date: Jun 22 2017 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends the long and short titles.

    Amends GS 130A-334, which defines terms for GS Chapter 130A, Article 11 (Wastewater Systems), to amend the definition ofrepair to exclude replacement of a damaged distribution device by a certified on-site wastewater contractor.

    Amends GS 130A-337 (Inspection; operation permit required). Amends provisions within subsection (b), regarding the issuance of an operation permit for a wastewater system by a local health department, to further require written release by a certified on-site wastewater contractor that the system has been installed or repaired as per the conditions of the improvement permit and authorization for wastewater system construction. Further directs the local health department to issue any conditions imposed in the operation permit. Provides that subsequent findings or interpretation of rules of the local board of health by the local health department outside the initial site evaluation and conditions of the initial improvement permit and authorization for wastewater system construction must not be used to deny the operation permit.

    Amends GS 130A-335 (Wastewater collection, treatment and disposal; rules). Requires proposed sites for new wastewater systems, or where repair is necessary for compliance, to be evaluated for soil conditions and site features by a licensed soil scientist (was, licensed soil scientist or licensed geologist). Authorizes a licensed geologist to evaluate the proposed site or repair area for geologic and hydro-geologic conditions. Requires evaluations for soil conditions and site features be approved by the applicable permitting authorities to produce the design and construction features of the new proposed wastewater system or repair project, provided that the evaluation of soil conditions, site features, or special hydrologic conditions satisfies all requirements of GS Chapter 130, Article 11, and a licensed soil scientist or geologist conducting such an evaluation maintains an errors and omissions liability insurance policy as specified. Directs local boards of health to use historical experience to establish modifications or additions to rules established by the Commission for review and approval of wastewater systems, subject to approval by the Department of Health and Human Services. Prohibits the Commissions' and the local boards of health's rules from establishing limitations on depths to suitable, provisionally suitable, or unsuitable soils or saprolite, or limitations based solely on gallons per day, or require sufficient available space for a replacement wastewater system of 480 gallons per day or less of domestic wastewater.

    Amends GS 130A-336.1 (Alternative process for wastewater system approvals). Amends the provision requiring the owner of a proposed wastewater system to employ a licensed soil scientist or geologist, to clarify that the requirement to hire a licensed geologist is subject to the need to evaluate geologic and hydrologic conditions.

    Requires the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1945 (Available Space) as follows. Prohibits the Commission or the rules of a local board of health from requiring sufficient available space for a replacement wastewater system of 480 gallons per day or less of domestic wastewater. Directs the Commission to amend the Primary Personnel Rule consistent with these provisions.

    Requires the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1943 (Soil Depth) as follows. Prohibits the Commission or the rules of a local board of health from establishing limitations on depths to suitable, provisionally suitable, or unsuitable soils or saprolite, or limitations based solely on gallons per day. Directs the Commission to amend the Primary Personnel Rule consistent with these provisions.

    Directs the Environmental Management Commission to adopt temporary rules implementing SL 2015-241, Section 14.16B (eliminating initial abatement requirements for noncommercial tanks), no later than October 1, 2017. Directs the Commission to report the status of rulemaking to the Fiscal Research Division and the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources by December 31, 2017.

    Amends GS 113-201 to authorize the Marine Fisheries Commission to adopt rules to establish Shellfish Aquaculture Enterprise Areas [as defined in new GS 113-201.1(3a)] to facilitate shellfish aquaculture opportunities through advanced siting and preapprovals from relevant federal and State agencies. Requires the Secretary of Environmental Quality to only issue nontransferable leases within designated Shellfish Aquaculture Enterprise Areas, with relinquishment or termination of the lease making the land revert back to the State to be made available to other applicants.

    Amends GS 113-203 (Transplanting of oysters and clams). Amends the prohibition on transplanting oysters or clams from public grounds or permitted aquaculture operations utilizing waters in theprohibited, restricted, or conditionally approved classification to private beds as specified (currently does not include prohibited classification). Subjects the provision making it lawful to transplant seed oysters or clams to the requirement that the Secretary of Environmental Quality not have determined that the nursery or shellfish would present a risk to public health, and includes the transplant of seed oysters or clams taken from permitted aquaculture operations that use waters in theprohibitedclassification.

    Amends GS 113-168.4 to authorize a person licensed under GS Chapter 113, Article 14A, to sell fish (was, oysters or clams) reared in a hatchery or aquaculture operation to the holder of an Aquaculture Operation Permit, an Under Dock Culture Permit, or a shellfish cultivation lease for further grow out.

    Directs the Division of Marine Fisheries to review its Fishery Management Plan for river herring, and report no later than December 15, 2017, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources regarding the continuing validity and scientific basis for the continued status of the species as "overfished," as specified.

    Authorizes the Division of Water Resources and the State Property Office to negotiate an agreement with appropriate federal agencies for the State to assume responsibility for acquiring dredged material easement sites for maintenance dredging of the Atlantic Intracoastal Waterway between Beaufort Inlet and the Virginia border in exchange for the reduction in size and possible change in location of dredged material disposal easement sites currently held by the federal government, as specified.

    Amends GS 143-215.73F(b) to authorize the use of the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to provide funding for the above agreement with the federal government.

    Provides a severability clause.

    The act is effective when it becomes law.


  • Summary date: Apr 25 2017 - More information

    Senate amendment #1 makes the following changes to the 1st edition.

    Modifies the language added to GS 130A-309.09B(a), providing that a local government must not prohibit the disposal of construction and demolition debris in any sanitary landfill permitted for the disposal of construction and demolition debris so long as the landfill has a valid and operative franchise agreement and is otherwise properly permitted pursuant to GS 130A-294.


  • Summary date: Mar 29 2017 - More information

    Amends GS 130A-309.09B by adding to the requirements for a local government's solid waste reduction program, that a local government must not prohibit the disposal of construction and demolition debris in any sanitary landfill permitted for the disposal of construction and demolition debris.


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