Bill Summaries: S 119 GSC TECHNICAL CORRECTIONS 2015.

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  • Summary date: Oct 6 2015 - More information

    AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER AMENDMENTS TO THE STATUTES AND SESSION LAWS. Enacted October 1, 2015. Effective October 1, 2015, except as otherwise provided.


  • Summary date: Sep 30 2015 - More information

    Conference report makes the following changes to the 4th edition.

    Deletes Section 2, which amended GS 7B-323(f).

    Section 8 

    Further amends GS 106-549.21 by making clarifying changes.

    Section 12

    Adds that if Senate Bill 195, Motor Vehicle Service Agreement Amendments, becomes law, then the changes to GS 66-372(e) are repealed.

    Deletes Section 32.7, which amended GS 7A-45.1 by adding in a provision concerning special superior court judges designated as a business court judges whose term expired.

    Deletes Section 34.5, which amended GS 14-288.8 (Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions) to provide that the statute did not apply to persons who lawfully purchase, acquire, possess or own a weapon in compliance with federal law (was, possess or own); and deleted the provision stating that the subdivision does not limit the sheriff’s discretion in executing required paperwork. Deletes the same changes made to GS 14-409 (Machine guns and other like weapons).

    Deletes Section 35 which amended GS 14-404, concerning sidearms of retiring probation or parole officers, to allow such officers to purchase their service weapons upon retirement without being required to obtain a purchase permit. Deletes the conforming changes that were made to GS 20-187.2.

    Section 37

    Amends GS 17C-10.1 to allow waiver of the training course for current or honorably discharged former military police officers upon evaluation of the applicant's combined training and experience (was, combined training or experience or both). Deletes the changes to GS 17C-10.1(c)(5) which required supplemental training decisions for former military police officers to be made on a case by basis based on documented deficiencies. 

    Deletes Section 38.5, which amended GS 20-62.1 concerning the purchase of vehicles for scrap or parts, by deleting the provision giving law enforcement the right to inspect any records that a secondary metals operator is required to maintain; also removes the deletion of the provision making the information submitted to the Division of Motor Vehicles available to law enforcement agencies only.

    Section 44.5

    Makes new GS 58-36-87, affiliate transfer of policies, expire on June 30, 2016.

    Deletes Section 49, which amends GS 97-2 by amending the definition of employee.

    Deletes Section 50, which amended GS 97-87 to provided that requested de novo evidentiary hearings do not have to be heard before the full Industrial Commission.

    Deletes Section 51, which amended GS 97-92 concerning accident reports by employers, providing that such reports must report wages, if available.

    Section 54.5

    Deletes the previous content of this section, which amended GS 105-330 and GS 105-330.9 concerning antique automobiles and pass-through entities.

    Instead, amends GS 105-129.100 by adding that a taxpayer is eligible for a credit under the statute concerning historic rehabilitation for taxable years beginning on or after January 1, 2016, for qualifying rehabilitation expenditures that were incurred in 2014 and 2015 if all of the five specified conditions are met. Makes clarifying changes to the effective date provision. Applies to credits that may be claimed for taxable years beginning on or after January 1, 2016.

    Section 56.2

    Amends GS 113-415.1, which invalidates local ordinances that prohibit oil and gas exploration, development, and production activities, to broaden its application to local ordinances that regulate oil and gas production and not simply to those that prohibit it outright. Removes from the statute references to local ordinances that prohibit the siting of wells or the use horizontal drilling or hydraulic fracturing. Provides for a petition and review process when oil and gas would be regulated under a generally applicable development ordinance, such as buffers or setbacks; the 4th edition provided for petition and review when production activities would be prevented from operation. Removes a subsection declaring that future acts and resolutions may not be construed to repeal the article absent clear intention. Replaces references to the Mining and Energy Commission with references to the Oil and Gas Commission. Makes technical and clarifying changes. This section is effective retroactive to June 4, 2014.

    Amends GS 130A-309.205 to render local ordinances regulating coal combustion invalidated and unenforceable (was, invalidated). This section is effective retroactive to August 20, 2014. 

    Section 56.5

    Amends GS 115C-47 to allow local boards of education to establish, control, and operate a nonprofit corporation to further their authorized purposes. If a nonprofit is established, requires a report annually to the Joint Legislative Education Oversight Committee. Deletes a similar provision found in Section 57.

    Deletes Section 58, which enacted new GS 115C-150.15, requiring the local superintendent to report deaf and blind children.

    Deletes Section 59, which amended GS 115C-174.11 and GS 115C-174.22 concerning college admission tests.

    Deletes Section 61 which amended GS 115C-218.15 concerning charter school operation, and GS 115C-47 concerning anti-nepotism policies.

    Deletes Section 62 which amended GS 115C-333.1 concerning teacher observations and evaluations.

    Deletes Section 65 which amended GS 116-11 to allow the UNC BOG or President to use private counsel.

    Section 65.5

    Amends GS 116-143.3A, waiver of 12-month residency requirement for certain veterans and other individuals entitled to federal education benefits, by amending the definition of veteran to no longer require that the person have been released from the specified service under conditions other than dishonorable.

    Deletes Section 67 which enacted new GS 116-235.5 and amended GS 116-69 concerning advanced courses taken by students at the School of Science and Mathematics or the School of the Arts.

    Section 68.5

    Amends GS 120-36.13 concerning the Program Evaluation Division’s (PED) work plan deleting language that required the work plan to be completed on an annual basis.

    Amends GS 120-36.14 concerning reports generated by the PED, making previous content requirements of such reports permissive instead of required.

    Makes conforming changes to GS 120-36.16(2) and GS 120-36.17(a) reflecting the divergence above from annual work plans.

    Deletes Section 71, which amended GS 131E-21 concerning conflict of interest for commissioner or employees of a hospital authority.

    Deletes Section 75, which amended GS 143-136 concerning the Residential Code Committee and the Building Code Committee.

    Deletes Section 76, which amended GS 143-166.13 add to the individuals who are entitled to benefits under Article 12B, Salary Continuation Plan for Certain State Law-Enforcement Officers.

    Deletes Section 77, which amended GS 143-548 concerning the terms of member of the Vocational Rehabilitation Council.

    Section 85.5 amends Section 2 of SL 2015-138 by prohibiting Greensboro from altering or amending the form of government for the City until after the return of the 2020 federal decennial Census.

    Section 86.2

    Amends Section 1 of SL 2015-196 to require the Environmental Review Commission's study on the uses of groundwater and surface water in or affecting the Cape Fear River Basin to include a summary of the current and 50 year projected water use demands along with the available water supplies within the Basin, deleting references to water supplies for specified counties.

    Deletes Section 86.3 which allowed the Department of Public Instruction to use no more than 5% of the funds available to it to implement the DPI Flexibility Reduction for 2015-16.

    Section 86.5 

    Amends new Section 12A.5 of SL 2015-241 to no longer require the State CIO to certify that the HIE Network connection is operational before requiring covered entities to submit demographic and clinical information through the Network.

    Section 89

    Amends Section 12H.30 of SL 2015-241 by making clarifying changes. Adds that the State Plan amendment required by this section is not subject to the 90-day prior submission.

    Deletes Section 90 which made concerning changes to reimbursements for prescription drugs and professional pharmaceutical services, effective October 1, 2016 instead of 2015.

    Section 90.2

    Makes Section 20.3 of SL 2015-241 effective August 1, 2016, instead of January 1.

    Section 90.5

    Deletes all the previous provisions found in Section 90.5 concerning a sales factor study and replaces them with the following.

    Amends Section 29.17E of SL 2015-241, concerning the study and improvement of safety on secondary roads, making clarifying changes and adding language that creates a new unpaved road survey and improvement pilot program, which directs the Department of Transportation to survey public paved and unpaved roads in NC that are not currently part of the State road system. Directs the Department of Transportation to report its findings from the survey to the Joint Legislative Transportation Oversight Committee by June 30, 2016. Provides that $1 million in nonrecurring  funds for the 2015-16 fiscal year must be used to establish a pilot program for the improvement of the paved or unpaved roads, with the pilot program being implemented by December 1, 2015. Requires a report to the above oversight committee on the results of the pilot program by December 1, 2016. Sets out additional limitations of the survey and pilot program. 

    Section 90.7

    Amends Section 2.45 of SL 2015-254 by correcting the an appointment to the NC Railroad Company Board.

    Section 91.2

    Deletes the previous content and instead adds that if House Bill 318 becomes law, then Section 16 is amended to prohibit DHHS from submitting a new request for a wavier of time limits concerning food and nutrition benefits unless the period covered by the waiver will not extend beyond July 1, 2016 (was, March 1).

    Section 91.4

    Adds that the section, concerning the study of the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents with a diagnosis of mental illness and/or emotional disturbance expires on June 30, 2016. 

    The conference report deletes the changes made to the 4th edition by House floor amendments #4, 6, 7, 10, and 11.


  • Summary date: Sep 30 2015 - More information

    House amendments amend the 4th edition as follows:

    Amendment #1 repeals Section 2(b) of SL 2015-138, which prohibited Greensboro from altering its form of government.  Adds language that provides that, notwithstanding other  laws to the contrary, the City of Greensboro cannot alter or amend its form of government until after the 2020 federal Census.

    Amendment #2 provides that if House Bill 318 becomes law, then GS 15A-306 as enacted by that bill is amended by adding a new subsection concerning acceptable identification that provides that documents issued or created by a person, organization, county, city, or other local authority can be used by a law enforcement officer to determine identity and residency of a person if they are the only documents available at that time that provide such information. 

    Amendment #3 amends GS 143-48.6(b), as enacted by SL 2015-241, concerning personal services contracts defined, providing that the personal services contracts do not include the engagement of experts or expert witnesses who are to be involved in the planning, prosecution, or defense of any litigation, by the Department of Justice, Governor, or other state entities. Effective July 1, 2015. 

    Amendment #4 amends GS 20-79.7(a1) as amended to provide for a Distinguished Flying Cross special registration plate with no additional fee amount.  Effective 90 days after SL 2015-241 (Budget) becomes law.

    Amendment #5  amends Section 12H.4 of the budget to provide that the Department of Health and Human Services (DHHS) must charge an application fee of $100 to providers enrolling in the Medicaid Program for the first time.  Provides that the fee will also be charged at recredentialing every five years (was, three years).

    Amendment #6 amends the budget bill by adding a new section titled “Plan for Extending Community Guide Services to Innovations Waiver Participants,” which directs DHHS to develop a plan for extending Community Guide services to all individuals on the Innovations Waiver waiting list. Directs DHHS to engage LME/MCOs in developing the plan and sets out what the plan should include at a minimum. Directs DHHS to report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by March 15, 2016, on the developed plan. 

    Amendment #7 provides that if House Bill 318 becomes law then Section 16(b) of that bill will provide that DHHS cannot submit a new request for a waiver concerning time limits for specified federal food and nutrition benefits unless the period covered by the waiver does not extend beyond October 1, 2016 (was, March 1, 2016).

    Amendment #9 amends amendment #1 to provide that the provisions concerning the altering of the form of government for the City of Greensboro become effective January 1, 2016.  

    Amendment #10 makes new Article 3L, Historic Rehabilitation Tax Credits Investment Program, effective January 1, 2016 (was, 2015).

    Amendment #11 amends GS 86A-3 to require for certification as a registered barber that the individual has graduated from high school or has attained an adult high school equivalency diploma. Makes conforming changes to GS 86A-22.

    Amendment #12 amends GS 20-63(b1) to provide for a Kappa Alpha Psi Fraternity special registration plate issuable to a registered owner of a motor vehicle that is a member of the Kappa Alpha Psi Fraternity. Adds provisions that provide that the specified statutes cannot be construed to require an additional 200 applications for the DMV to issue a full-color background special Kappa Alpha Psi Fraternity registration plate. Effective 90 days after SL 2015-241 (budget) becomes law.  


  • Summary date: Sep 30 2015 - More information

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

    Amends the long title. 

    Amends GS 1-267.1(d), concerning specified actions challenging legislative and congressional redistricting, deleting "to appeals from orders of the trial courts pertaining," to bring section into compliance with existing statutory framework.

    Amends GS 7A-27, making technical corrections to internal reference language.

    Amends GS 7B-323(f), concerning judicial review under the juvenile code, updating statutory references. 

    Amends GS 15A-150(b) to no longer require that a copy of an order granting expunction be sent to the Division of Adult Correction of the Department of Public Safety.

    Amends GS 62-110.1(c), deleting an obsolete reference to the Southern Growth Policies Board, which is no longer in existence.

    Amends GS 90-113.101, making clarifying changes to the definitions for the Epilepsy Alternative Treatment Act, providing that the definitions apply to GS Chapter 90, Article 5G, only. Effective July 16, 2015.

    Repeals GS 113A-153, which contained obsolete provisions and duties for a now defunct Land Policy Council. 

    Amends GS 63A-9, 115C-513, 116-183, 116-196, 116-198.39, 142-29.6, 142-68, 142-92, 157-26, 159I-23, 160A-480.114, and 160A-516, deleting language that makes references to "inheritance and gift taxes," which no longer exist in North Carolina.

    Amends GS 143-228.10, definitions concerning agency review of engineering work, making technical changes to introductory language. 

    Amends GS 143B-431.01(d), making a technical correction to a statutory reference.

    Amends GS 143B-927, deleting duplicative reference language. 

    Amends GS 163-275, concerning felonious actions in connection to elections, updating language to make the provisions gender neutral and making other various technical changes. 

    Amends GS 163-278.13(a1), correcting a spelling error in the title "Revisor of Statutes."

    Amends GS Section 3.5 of S.L. 2015-35, correcting a spelling error.

    Amends SL 2015-205, concerning requirements for trustee reports in GS 36C-8-802(f), adding clarifying language that requires the specified trustee reports and information to be sent only to qualified beneficiaries that are current or permissible distributees, correcting prior confusing language that could be interpreted to require such information to be sent to the above group of qualified beneficiaries as well as future or contingent beneficiaries. Also amends Section 11(a) of SL 2015-205 to correcting an error concerning authorization for the Revisor of Statutes to print official and drafter's comments to the specified provisions.  

    Amends GS 1C-1853(j), concerning proceedings in foreign courts, updating and correcting statutory references. 

    Amends GS 6-21.6 concerning reciprocal attorneys' fees provisions in business contracts, providing that the phrase "sign by hand" in business-to-business contracts includes certain electronic signatures.

    Amends GS 7A-45.1(a10) to provide that special superior court judges that are business court judges shall continue in office after their terms expire until a successor has been appointed. 

    Amends GS 7B-401.1(b), 7B-1103(c), and 7B-1104 concerning the juvenile code related to parental rights in abuse, neglect, and dependency cases, updating statutory references to also include GS 14-27.23, thereby including all sexual offenses that upon conviction, disqualifies the offender from participating in a case related to a child born as a result of the offense. Effective December 1, 2015, applying to petitions filed on or after that date. 

    Amends GS 7B-901(c), as enacted by SL 2015-136, adding language that classifies certain acts that exempt the court from the requirement that reunification efforts be made as aggravated circumstances. Effective October 1, 2015.

    Amends GS 14-288.8 (Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions) to provide that the statute does not apply to persons who lawfully purchase, acquire, possess or own a weapon in compliance with federal law (was, possess or own). Deletes the provision stating that the subdivision does not limit the sheriff’s discretion in executing required paperwork. Makes the same changes to GS 14-409 (Machine guns and other like weapons).

    Amends GS 14-404, concerning sidearms of retiring probation or parole officers, allowing such officers to purchase their service weapons upon retirement without being required to obtain a purchase permit. Makes conforming changes to GS 20-187.2.

    Amends GS 14-415.12A(a1), to correct the name of the North Carolina Criminal Justice Education and Training Standards Commission. Effective October 1, 2015.

    Amends GS 17C-10.1 concerning the certification of military service members and veterans with specified training and experience, requiring the Criminal Justice Education and Training Standards Commission to evaluate the combined training or experience or both of an applicant who was a military police officer in order to determine whether the applicant's training and experience substantially meets or exceeds minimum requirements (previously, required the review of applicant's training and experience). Also requires the Commission to document any deficiencies in training and experience for which the applicant is required to complete supplementary training. Requires supplemental training requirements to be made on a case-by-case basis based on documented deficiencies. Also directs the Commission to report to the Joint Legislative Oversight Committee on Justice and Public Safety and the House Homeland Security, Military, and Veterans Affairs Committee by April 1, 2016, on its implementation of G.S. 17C-10.1.

    Amends GS 20-28(a2) and GS 20-179(c), making conforming changes related to the enactment of GS 20-28(a1), Driving While License Revoked for Impaired Driving. Also makes organizational changes to GS 20-28(a2). Effective December 1, 2015, applying to convictions on or after that date.

    Amends GS 20-28.9(a) by deleting the provision that says nothing in the statute prohibits the State Surplus Property Agency from entering into contracts for some regions of the State while performing the work of towing, storing, processing, maintaining, and selling motor vehicles seized under GS 20-28.3 itself in other regions of the State. Effective July 1, 2015

    Amends GS 20-62.1, concerning the purchase of vehicles for scrap or parts, to delete the provision giving law enforcement the right to inspect any records that a secondary metals operator is required to maintain. Deletes the provision making the information submitted to the Division of Motor Vehicles available to law enforcement agencies only.

    Amends GS 20-38.7(c)(3), correcting a statutory reference. Effective December 1, 2015. 

    Amends GS 20-58.4A(i) concerning the electronic lien system, delaying the mandatory participation date for those who finance motor vehicles from January 1, 2016, to July 1, 2016. 

    Enacts new GS 20-116(o) concerning oversize permits from the Department of Transportation, exempting trucks supporting snow plows and motor graders, if operated in compliance with all the specified requirements, from the requirement of an oversize permit. 

    Amends GS 20-286(10) and GS 20-79(d) concerning loaner plates for dealer motor vehicles, making a clarifying correction concerning the use of loaner plates and the status of a new motor vehicle as new or used. 

    Amends GS 45-91(5) concerning mortgage licensing, correcting a statutory reference. 

    Enacts new GS 48-3-605(g) concerning the adoption of minors pursuant to the Indian Child Welfare Act, providing that the clerk of superior court, the district court, and the superior court are considered to be of competent jurisdiction for (1) judicial proceedings for accepting voluntary consents to adoption, (2) determining good cause to deviate from any placement preferences, or (3) handling judicial proceedings for voluntary consent to adoption pursuant to state law. Provides that the new subsection also applies to executed relinquishments.

    Enacts new GS 58-36-87, affiliate transfer of auto, homeowners', dwelling, or workers' compensation policies, clarifying that delivery of a policy superseding a previously issued policy is not a refusal to renew when it is delivered by specified entities. 

    Amends GS 62A-41(2) concerning the membership of the 911 Board, allowing a director/manager of a fire-based PSAP to be appointed as an alternative to a fire chief with experience operating or supervising a PSAP.  

    Amends GS 84-24 concerning the admission to practice law in North Carolina, providing that changes made to educational requirements to practice law in North Carolina do not become effective for two years after adoption of the change by the Board of Law Examiners if such changes establish additional or greater requirements (previously, the delay was applicable to all changes in educational requirements). 

    Makes technical changes to GS 89C-19 and GS 89C-25(7a). 

    Amends GS 90-94(3) concerning synthetic cannabinoids, making conforming changes to language referring to additional sub-subdivisions. Effective December 1, 2015. 

    Makes a technical correction to GS 90-113.101.

    Amends GS 97-2, the definition for employee, as used in the Workers' Compensation Act, to exclude volunteers and officers of certain nonprofit corporations and associations from being considered employees under the act. Sets out the categories of nonprofits that the new definition applies to, including  any organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as well as the organizations it does not apply to. Makes technical changes and corrections. 

    Amends GS 97-87(c)(5) concerning appeals of Industrial Commission decisions and provides that requested de novo evidentiary hearings do not have to be heard before the full Commission.

    Amends GS 97-92 concerning accident reports by employers, clarifying that such reports must report wages, if available.

    Amends GS 97-101 and GS 97-200, correcting and updating statutory references.

    Makes technical changes to GS 89C-19 and GS 89C-25(7a). 

    Amends GS 104E-5, GS 104E-7(a), GS 104E-15(b), GS 104E-17, and GS 104E-24, making conforming changes reflecting the previous move of the Radiation Protection Commission from the  Department of Environmental Quality to the Department of Health and Human Services. Also provides that the term "Secretary" now refers to the Secretary of Health and Human Resources. 

    Amends GS 110-90.2(a1) to update a statutory reference so that it no longer refers to a repealed statute.

    Amends GS 110-105.5(c) to correct a statutory reference so that it correctly refers to the definition of the term caregiver. Effective January 1, 2016.

    Enacts new GS 115C-150.15 making it the local superintendents’ duty to report the names and addresses of parents, guardians, or custodians of any deaf or blind children residing in their local school administrative units to the directors of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Department of Public Instruction. Effective when the section becomes law, with local superintendents required to make their first report by February 1, 2016.

    Amends GS 115C-174.11(c)(4) by amending annual testing program requirements to require the State Board of Education (State Board), to the extent funds are available, to use a competitive bid process to select a nationally norm-referenced college admissions test to administer (was, to plan for and require the administration of the ACT test) to all 11th grade students unless the student has already taken a comparable test and scored at or above a set level. Makes conforming changes throughout by replacing references to the ACT to the PLAN precursor test with references to selected nationally norm-referenced college admissions test. Amends GS 115C-174.22 to require the State Board (to the extent funds are available) to plan for and require the administration of diagnostic tests in the 8thand 10th grades that align to the nationally norm-referenced college admissions test that is selected through a competitive bid process (was, that align to the ACT). Requires the State Board to solicit bids through a competitive bid process for a nationally norm-referenced college admissions test and precursor test. Requires the State Board to report on the results of the bid process to the Joint Legislative Education Oversight Committee and the Fiscal Research Division by April 15, 2016.

    Amends GS 115C-174.26(h) to require the State Board to report annually to the Joint Legislative Education Oversight Committee on advanced courses beginning November 15, 2014 (was, October 15, 2014).

    Provides that if House Bill 334 (Charter School & Other Education Laws Changes) becomes law, then GS 115C-218.15 is amended to require that the conflict of interest and anti-nepotism policy adopted by the board of directors of the charter schools include a requirement that specified actions be taken before any immediate family member of any member of the board of directors with supervisory authority is employed or engaged only as an employee or independent contractor (was, employed or engaged as an employee, independent contractor, or otherwise by the board of directors in any capacity). No longer places the burden of disclosing the conflict of interest on the applicable board member or employee with supervisory authority. Adds that the board of directors must require prospective employees or independent contractors to disclose relationships to an immediate family member employed by the charter school or board of directors or serving on the board of directors. Defines an independent contractor, for the purposes of the statute, as an individual who derives a direct benefit from the contract in one of the following ways: (1) has more than 10% ownership or other interest in an entity that is a party to the contract, (2) derives any income or commission directly from the contract, or (3) acquires property under the contract.

    Provides that if House Bill 334 (Charter School & Other Education Laws Changes) becomes law, then GS 115C-47 is amended to modify the local boards of education requirements to adopt policies on nepotism, to require the policy be applicable to employment of any immediate family of any board of education member, superintendent, principal, or individual paid on the salary schedule for central office administrators (was, of any board of education member or central office staff administrator, with specific examples listed). Limits applicability to employment as, or being engaged as, an employee or independent contractor. No longer places the burden of disclosing the conflict of interest on the applicable board member or central office staff administrator. Adds that the local boards must require prospective employees or independent contractors to disclose relationships to an immediate family member employed by or serving on the local board of education. Defines an independent contractor, for the purposes of the statute, as an individual who derives a direct benefit from the contract in excess of $50,000 in one of the following ways: (1) has more than 10% ownership or other interest in an entity that is a party to the contract, (2) derives any income or commission directly from the contract, or (3) acquires property under the contract.

    Amends GS 115C-47 to give local boards of education the power or duty to establish nonprofit corporations to further authorized purposes. 

    Amends the version of GS 15C-333.1(a) that is effective until June 30, 2018, to require all teachers who hold a Standard Professional II License to be observed at least once by the principal or the principal’s designee and evaluated once annually by a principal. Requires all other teachers to be observed at least three times by the principal or the principal’s designee and at least once annually by a teacher and evaluated once annually by a principal. Amends the version of GS 15C-333.1(a) that becomes effective June 30, 2018, by making a conforming change; effective June 30, 2018.

    Amends GS 115D-12, concerning community college boards of trustees, to refer to service areas instead of administrative areas. Applies only to Beaufort County Community College.

    Amends GS 115D-39.1(a) to correct a statutory reference.

    Amends GS 116-11 to add to the powers and duties of the Board of Governors that the Board of Governors or the President may use and fix the compensation for private counsel in any matter in which UNC or one or more of the constituent institutions is involved so long as the Attorney General concurs that the University would benefit from the assistance of private counsel. Allows the President to enter into agreements with the Attorney General as necessary or appropriate to the representation of the University’s interests. Requires private counsel to be paid from the University’s existing resources and requires the President to annually report the costs of using private counsel.

    Amends GS 116-209.52, which sets out definitions for Part 1, State Education Assistance Authority, to define academic year as the annual enrollment period used by the State Education Assistance Authority. Deletes the term "business or trade school." Adds and defines the term proprietary school as an educational institution that is (1) defined as a proprietary school, (2) licensed by the State Board of Community Colleges, and (3) listed by the North Carolina State Approving Agency for Veterans and Military Education as an approved proprietary school for purposes of this Part. Makes technical changes. Amends GS 116-209.54 (concerning eligibility for tuition assistance benefits) to make the statute applicable to active members of the National Guard who are enrolled or will enroll in any proprietary school (was, business or trade school), in addition to other listed institutions. Expands the benefits so that they are available to students enrolled in a program granting a graduate certificate. Makes conforming changes. Also makes conforming changes to GS 116-209.55, concerning the administration and funding of the tuition assistance program, to replace references to business or trade schools with the term "proprietary schools."

    Enacts new GS 116-235.5 giving students enrolled in the North Carolina School of Science and Mathematics or in high school courses at the North Carolina School of the Arts access to and encouraging them to enroll in and complete more rigorous advanced courses, defined as Advanced Placement or International Baccalaureate Diploma Programme courses. Exempts students from paying any fees for administration of exams and registration fees for advanced courses in which the student is enrolled regardless of the score the student receives. Provides that if funds are appropriated for advanced courses, the State Board of Education must reimburse UNC for fees for advanced courses for students enrolled in the North Carolina School of Science and Mathematics or in high school courses at the North Carolina School of the Arts. Makes conforming changes to GS 116-69.

    Amends GS 120-11.1 to convene the General Assembly’s organizational session that takes place prior to the start of the long sessions at noon instead of 9 a.m.

    Repeals GS 120-76(10), which allowed the Joint Legislative Commission on Governmental Operations to establish a subcommittee to evaluate the need for any new licensing board by establishing criteria and procedures for reviewing proposed licensing boards and required assuring that no new licensing board is established unless the specified criteria were met. Repeals Section 1.2(a)(4) of SL 2011-291, which transferred the duties of the Legislative Committee on New Licensing Boards to the Joint Legislative Commission on Governmental Operations.

    Amends GS 130A-33.31 by increasing the membership of the Commission of Anatomy from five to six members, adding a member from the Campbell University School of Osteopathic Medicine.

    Amends GS 131E-21 to exempt from the conflict of interest provisions governing contracts by commissioners or employees of hospital authorities a commissioner or employee who is not involved in making or administering the contract. Defines when a commissioner or employee is or is not involved in administering or making a contract. Amends GS 136-200.2 and GS 136-211 by correcting a statutory reference.

    Amends GS 136-222 to require that the Virginia-North Carolina High-Speed Rail Compact Commission have cochairs instead of one chair and sets out the requirements for choosing those co-chairs.

    Amends GS 140-5.13 by setting the terms of appointment to the Board of Trustees of the North Carolina Museum of Art at four years (was, for the then-current legislative term, with no appointee of the General Assembly being appointed to more than two consecutive terms of two years). Makes other technical changes.

    Amends GS 143-136 by deleting the provision that required the Residential Code Committee to consider any appeal or interpretation arising under GS 143-141 pertaining to the North Carolina State Building Code: Residential Code for One and Two Family Dwellings and make a recommendation to the Building Code Council on the appeal or interpretation. Amends GS 143-136, concerning the Building Code Committee within the Council, by deleting the requirement that the Committee consider any appeal or interpretation arising under GS 143-141 pertaining to the codes applicable to commercial or multi-family construction and make a recommendation to the Council. Effective October 1, 2015.

    Amends GS 143-166.13 to add sworn state law-enforcement officers with the power of arrest, Industrial Fraud Investigators, Department of Commerce, to those that are entitled to benefits under Article 12B, Salary Continuation Plan for Certain State Law-Enforcement Officers.

    Amends GS 143-548 to no longer provide that no member of the Vocational Rehabilitation Council other than the representative of the Client Assistance Program and the representative of the directors of the projects carried out under section 121 of the Rehabilitation Act of 1973 may serve more than two consecutive full terms. Makes other technical changes.

    Amends GS 143B-168.12 by requiring that the North Carolina Partnership’s Board of Directors include a member who is the board’s chair, or the chair’s designee, of a local partnership serving on the North Carolina Partnership local partnership advisory committee. Makes other technical changes.

    Amends GS 143B-1100, concerning the Governor’s Crime Commission, to require that specified public members appointed to the Commission serve two-year terms effective March 1 of each odd-numbered year (deletes provision concerning disqualification of certain members of the House and Senate). Makes additional clarifying and technical changes.

    Provides that if House Bill 373 (Elections) becomes law, then GS 163-278.8B is amended to specify that each political caucus of the House and Senate may establish one separate affiliated party committee to support the election of candidates who would be eligible to be members of that caucus. Specifies that no other affiliated party committee is authorized under the statute. Adds that an affiliated party committee must be established only by majority vote of the total membership of the political party caucus. Sets out reports that must be made to the State Board of Elections. Amends the actions that may be taken by each affiliated party committee to now require adopting bylaws that are in compliance with the Article, conducting campaigns for candidates who would be eligible to be members of the caucus if elected or re-elected, or manage daily operations of the affiliated party committee, establish a bank account, and accept contributions and expend funds. Deletes the term leader. Provides that if H373 (Elections) becomes law, then adds a new section enacting new GS 163-278.8C, Council of State affiliated party committees. Allows members of the Council of State affiliated with the same political party to establish one separate Council of State affiliated party committee to support the election of candidates who would be eligible to be nominees of that part. States that the affiliated party committee is deemed a political party for purposes of the Article. Requires the affiliated party committee to adopt bylaws that are in compliance with the Article, conduct campaigns for candidates who are members of the party caucus or candidates who would be eligible to be members of the caucus if elected, or manage daily operations of the affiliated party committee, establish a bank account, and accept contributions and expend funds. Sets out definitions that apply to the statute. Makes conforming changes to GS 163-278.6, GS 163-278.13B, and GS 163-278.38Z. Adds a severability clause.

    Amends Section 3 of SL 2014-15 to add that beginning in the 2016-17 school year, and annually thereafter, the identification of military-connected students for all local school administrative units must be completed by January 31 of each school year.

    Amends Section 9 of SL 2014-49 by making a correction to the effective date provision.

    Amends GS 2015-13 by adding the repeal of SL 1975-95, which prohibited the setting of steel traps on rented or leased land in New Hanover County.

    Amends SL 2015-32 to correct the name of the Joint Legislative Oversight Committee on Justice and Public Safety.

    Amends Section 7 of SL 2015-186 (NC Drivers License Restoration Act) to clarify that the act applies to offenses committed (was, convictions) on or after December 1, 2015.

    Amends SL 2015-241 to allow the Department of Public Instruction to use certain funds appropriated to it to implement the DPI Flexibility Reduction for the 2015-2016 fiscal year. 

    Amends Section 12A.5(b)(1) of SL 2015-241 to require the State CIO to use transferred funds to facilitate the establishment, administration, and ongoing support (was, establishment) of the successor HIE Network. Requires the State CIO, no later than 30 days after receiving the transferred funds, to negotiate and enter into or amend a contract for services with an effective date no later than 30 days from receipt of the funds. Sets out the provisions that must be included in the contract. Adds requirements for the use of existing public-private partnerships and existing data and analytics contracts. Amends GS 90-414.3 by clarifying the definition of HIPAA. Amends GS 90-414.9 so that it refers to covered entities that participate in the HIE Network instead of covered entities that elect to participate in the HIE Network. Amends Section 12A.5 of SL 2015-241 by adding that covered entities required to submit demographic and clinical information through the successor HIE Network are not required to submit demographic and clinical information through the successor HIE Network until (1) the State CIO certifies that the HIE Network connection is operational and (2) the Authority establishes a date for covered entities to begin submitting demographic and clinical information through the operational connection to the HIE Network or by other secure electronic means. Makes conforming changes to Section 12A.5(g).

    Repeals Section 12F.17 of SL 2015-241 which eliminated publication of the Access North Carolina travel guide in GS 168-2. Instead, amends the statute to delete the portions of it that require the Access North Carolina travel guide while leaving other unrelated provisions intact.

    Substitutes "William Franklin Graham, II" for "William Franklin 'Billy' Graham, Jr." if House Bill 540 becomes law.

    Amends Section 12H.23 of SL 2015-241 to add additional provisions concerning Graduate Medical Education costs.

    Amends SL 2015-241 to require the Department of Revenue to publish guidelines for computing the sales factor based on market-based sourcing and deletes the requirement that certain corporate taxpayers begin showing the calculation of that sales factor on 2015 income tax returns. 

    Adds a section requiring DHHS to submit a Medicate State Plan amendment request to the Centers for Medicare and Medicaid Services to amend the annual cost settlement method for local health departments. Sets out what must be included in the amendment and requires it to be submitted by February 15, 2016, applying to cost reports with a fiscal year beginning July 1, 2016, and thereafter.

    Makes Section 15.13B of SL 2015-214, concerning changes to reimbursements for prescription drugs and professional pharmaceutical services, effective October 1, 2015 (was, 2015).

    Amends House Bill 117, if it becomes law, to make the JDIG changes, with specified exceptions, effective October 1, 2015 (was, July 1, 2015).

    Permits students enrolled in the Halifax County Schools to participate in the residential science, mathematics, engineering, and technology (STEM) enrichment program for traditionally underserved students, effective July 1, 2015. 

    Allows the pilot program established by the Department of Health and Human Services, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents with a diagnosis of mental illness and/or emotional disturbance to remain in effect. Waives certain administrative rules subject to rescission for outstanding deficiencies. 

    Adds a section declaring that if Senate Bill 279 becomes law, certain provisions apply except as otherwise provided by federal law or by more specific state law. 

    Makes clarifying changes to new GS 105-129.16A(f)(2). 

    Amends GS 105-330, definitions for Article 22A, Motor Vehicles, to define the term pass through entity as it is defined in GS 105-228.90.  Amends the definition of the term antique automobile in GS 105-330.9, to also require that it be owned by an individual, either directly or indirectly through one or more pass-through entities (was, by an individual). Adds that an individual indirectly owns an antique automobile through a pass-through entity if the individual is an owner of a pass-through entity that owns the antique automobile. Effective for taxes imposed for taxable years beginning on or after July 1, 2016.

    Amends GS 143B-135.188 (North Carolina Aquariums Fund) and GS 143B-135.209 (North Carolina Zoo Fund) to adjust the disposition of fees between operating budgets and the funds. 

    Amends SL 2015-241, Section 32.14A to adjust the conditions that subject certain corporate taxpayers to informational filing requirements with the Department of Revenue. The amended session law includes a new condition including taxpayers subject to apportionment of income in 2014 based in whole or in part on the sales factor as determined under GS 105-130.4(l).

    Adds a severability clause.


  • Summary date: Sep 29 2015 - More information

    The House committee substitute to the 3rd edition and the House amendments to the 4th edition are to be summarized.


  • Summary date: Apr 28 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 14-269, concerning the carrying of concealed weapons; 14-313, concerning youth access to certain tobacco related products;  18B-302(d), concerning the sale of alcoholic beverages to underage individuals; 20-115, concerning scope of regulations for operation of certain vehicles; 106-549.21(d) and (e), concerning stamping containers; and 131E-154.13, concerning definitions for healthcare facilities and services, making technical corrections. 

     

     


  • Summary date: Feb 25 2015 - More information

    As the title indicates.

    Makes technical corrections to GS 15A-1340.16(f) regarding the Notice to State Treasurer of Finding of an aggravating factor regarding an indictment charging a defendant with an underlying offense.

    Corrects a statutory reference in GS 20-183.2(a1) regarding vehicle safety inspection exceptions.

    Recodifies GS 62-36B (regulation of natural gas service agreements) as GS 62-36.01.

    Amends GS 66-372(e), regarding service agreements, to correct a statutory reference.

    Makes a technical correction to GS 90-89(5) (defining stimulants).

    Makes a technical correction to GS 143C-6-23(f1), regarding the return of grant funds to the state for noncompliance.

    Repeals 150B-21.1(a)(12), regarding the need for an agency to adopt a temporary rule for specified acts that have already been repealed.

    Amends GS 150B-21.3(b2), to reference guidelines for making a written objection to the adoption of a permanent rule that are published on an agency's website (instead of guidelines contained in the specified notice).

    Amends GS 150B-23.2(d) to correct a spelling error.

    Corrects a statutory reference in GS 161-22.3, regarding the minimum standards for land records management.

    Provides that Section 2 of SL 2010-32 (prohibiting transfer fee covenants) is codified as GS 39A-4. Amends GS 39A-4 as created in this act to provide that GS Chapter 39A applies to (1) any transfer fee covenant recorded after July 1, 2010, (2) any lien filed to enforce a transfer fee covenant recorded after July 1, 2010, and (3) any agreement imposing a private transfer fee obligation entered into after July 1, 2010. Makes an organizational change to Section SL 2010-32 moving the language regarding transfer fee covenants to GS 39A-4 as created in this act. Provides that nothing in GS Chapter 39A is to be construed to mean that a transfer fee covenant recorded before July 1, 2010 is valid or enforceable.

    Corrects the statutory reference in the introductory language of Section 3 of SL 2014-76 replacing GS 94-133(a) with GS 95-133(a).


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