A BILL TO BE ENTITLED AN ACT STATING THE INTENT OF THE GENERAL ASSEMBLY TO TRANSITION FROM FUNDING TEXTBOOKS TO FUNDING DIGITAL LEARNING IN THE PUBLIC SCHOOLS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION STUDY COMMITTEE ON DIGITAL LEARNING ENVIRONMENTS IN PUBLIC SCHOOLS. Enacted March 15, 2013. Effective March 15, 2013.

House committee substitute to the 2nd edition makes the following changes. Amends GS 90-18(c), establishing what does not constitute practicing medicine or surgery, and GS 90-171.20(7), defining the components of the practice of nursing by a registered nurse, to provide that a nurse anesthetist may provide local anesthesia under the supervision of a licensed podiatrist.

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

Assertsthat providing notice of the public saleof personal propertybya lienor via first class mailand electronic mail, ifavailable (was, first class mail or electronic mail), is acceptable.

Makesa conforming change to the title,substituting the phrase regular and electronic mailfor regular or electronic mail.

Clarifies that the sale is to be conducted in a commercially reasonable manner as defined in GS 25-9-627.

Makes various changes to Subchapter I. Abuse, Neglect, Dependency, ofthe Juvenile Code (GS Chapter 7B).

Amends GS 7B-101 (Definitions), deleting the definitions for community based programand shelter careand adding a definition for return home or reunification.Modifies the definition for custodiantoonly apply the term to aperson or agency that has been awarded legal custody of a juvenile by a court (was, also included a person other than the parents or legal guardian of the juvenile who had assumed the role of a parent without having been awarded legal custody of the juvenile by a court). Makes clarifying changes to thedefinition for dependent juvenile.

Amends GS 7B-200(b) to declare that a court has jurisdiction over the parent, guardian, custodian, or caretaker (was, just parent or guardian) of a juvenile who has been adjudicated abused, neglected, or dependent provided that the parent, guardian, custodian, or caretaker has (1) been properly served with a summons under GS 7B-406, (2) waived service of process, or (3) automatically become a party to the action under GS 7B-401.1(c) or (d).

Amends GS 7B-311(b)(2) to provide thatprior to placing the name of a person identified as a responsible individual on the responsible individuals list maintained by the Department of Healthand Human Services, one of the triggers is a courtdetermining if a personis a responsible individual as a result of a hearing on the individual's petition for judicial review (was, determination could also be made based on a juvenile petition seeking a determinationthat the person is a responsible individual).

Amends GS 7B-320 to specify that the director of social services (director)must make a diligent effort to locate a person identified as a responsible individual before sending notice to the individual by certified mail, return receipt requested (was, certified mail, restricted delivery, return receipt requested). Deletes requirement that the notice must include directions on how to file and serve the petition for judicial review. Amends GS 7B-323 to providethat if the director cannot show that an individual has received actual notice,the director isprohibited fromplacing a person on the responsible individuals list until there is an ex parte hearing at which a district court judge determines that the director made diligent efforts to find the individual. Provides that a finding that the person is evading service is relevant to determining if the director has made diligent efforts to provide notice to the person.

Requires the clerk of court to schedule a hearing on judicial review actions within 45 days (was, 15) from the date that the petition for judicial review is filed at a session of district court hearing juvenile matters, or if there is no such session, at the next session of juvenile court.

Deletes provision in GS 7B-324 that makes a person who is a respondent in an abuse or neglectjuvenile court proceeding arising from the same incident, and that proceeding results in an adjudication of abuse or neglect and a determination that the respondent is a responsible individual, ineligibleto submita petition for judicial review. Provides that if an individual seeking judicial review is named as a respondent in a juvenile case or a defendant in a criminal court case resulting from the same incident, the district court judge may stay the judicial review proceeding.

Amends GS 7B-400 to provide that removal of a juvenile from the juvenile's home under a protection planis not a basis for achange in venue if it later becomes necessary to file a juvenile petition. Provides that a director in one county who conducts an assessment in another county because a conflict of interest existsmay elect to file any resulting petition in either of those counties. Authorizes the court to grant a motion for a change of venue before adjudication forgood cause. Provides that a pre-adjudication change of venue does not affect the identity of the petitioner and that any post-adjudication change of venue mustbe pursuant to GS 7B-900.1.

Amends GS 7B-401 to provide that in actions in which custody of the juvenile is granted to the parent, there are no periodic judicial reviews of the placement, and the court has retained jurisdiction over the juvenile, then Article 8 of Subchapter I of GS 7B applies to any subsequent reports of abuse, neglect, or dependency that the director determines to require court action under GS 7B-302.

Enacts new GS 7B-401.1 regarding parties in an abuse, neglect, or dependency action. Provides that only a county director of social services or the director's designee may file a petition alleging that a juvenile is abused, neglected, or dependentand remains a party until the court terminates its jurisdiction in the case. Provides that the juvenile's parent is a partyunless (1) the parent's rights have been terminated; (2) the parent has given the child up for adoption, except the court may order the parent be a party; or (3) the parent has been convicted under GS 14-27.2 or GS 14-27.3 for an offense that resulted in the conception of the juvenile. Additionally, provides criteria for a guardian, custodian, or caretaker as a party in the case. Declares that the juvenile is a party. Provides basis for removal of a party by the court and rules regarding when intervention in the action is prohibited and when it is permissible.

Makes conforming and clarifying changes to GS 7B-402 regarding the petition. Deletes provisions providing that the petition alleging abuse or neglect may also seek a determination that a respondent is a responsible party and deletes provision that a person convicted of an offense under GS 14-27.2 or GS 14-27.3 that resulted in the conception of the juvenile does not need to be named in the petition.

Amends GS 7B-406 regarding the issuance of a summons in an action alleging that a juvenile is abused, neglected, or dependent. Deletes provision that does not require that a summons be issued toa personconvicted of an offense under GS 14-27.2 or GS 14-27.3 that resulted in the conception of the juvenile. Adds that the summons must include information as to how a parent may seek the appointment of counsel before a hearing if provisional counsel is not identified. Deletes requirement that notice of the inclusion of a respondent's name on the responsible individual listbe included with the summons.

AmendsGS 7B-407 regarding the service of summons to clarify that if service by publication is required, the cost of the service by publication is to be advanced by the petitioner and may be charged as court costs as the court directs. Deletes provision that allows holding parties,other than the juvenile, who fail to appear or fail to cause the juvenile to appear before the courtwithout a reasonable cause,incontempt.

Amends GS 7B-505 to permit the court to place the juvenile in nonsecure custody with nonrelative kin if the court determines that such a placement is in the best interests of the juvenile.Defines nonrelative kin as a person who has a substantial relationship with the juvenile. Makes conforming changes to GS 7B-506.

Makes conforming changes to GS 7B-507(c) to reference GS 7B-906.1 as enacted by this act. Makes organizing, conforming,and clarifying changes to GS 7B-600.

Amends GS 7B-602 to provide that a parent who qualifies for an appointedattorney may be permitted to proceed without an attorney only after the court examines the parent and makes findings of fact sufficient to show that the parent's waiver is knowing and voluntary. Simplifies provision for the appointment of a guardian ad litem for a parent; specifies only thatthe parent be incompetent in accordance with GS 1A-1, Rule 17. Clarifies that the guardian ad litemcannotserve as the parent's attorney. Deletes provisions specifying the practices in which guardians ad litem appointed under this section may engage. Makes conforming changes to GS 7B-1101.1.

Enacts new GS 7B-800.1 to specify issues to be considered and addressed prior to the the adjudication hearing. Permits combiningthe pre-adjudication hearing witha hearing on the need for nonsecure custody or any pretrial hearing conducted in accordance with local rules. Permits the parties to enter stipulations under GS 7B-807 or a consent order in accordance with GS 7B-801.

Amends GS 7B-803 to provide that resolution of a respondent's pending criminal charge that arises out of the same events as the juvenile petition cannot be the sole extraordinary circumstance to serve as a basis for granting a continuance.

Amends GS 7B-805 to delete a preponderance of the evidence as the standard of proof applicable to an action alleging that a respondent is a responsible individual who has abused or seriously neglected a juvenile. Makes a conforming change to GS 7B-807.

Provides that at the dispositional hearing, the court may consider any evidence including testimony or evidence from a person who is not a party if the court finds it to be relevant, reliable, and necessary to determine the needs of the juvenile and the most appropriate disposition.

Enacts a new section, GS 7B-905.1, to cover the issue of visitation when a court order removes custody of a juvenile from a parent, guardian, or custodian or makes a placement of the child outside of the home. Requires the order to provide for appropriate visitation as may be in the best interests of the juvenile, and provides that the court may also specify in the order conditions under which visitation may be suspended. Provides additional specifications regarding visitation that may be placed in the removal or placement order. Authorizes the director of social services, upon making a good faith determination that the visitation plan is inconsistent with the juvenile's health and safety, to temporarily suspend all or part of the visitation plan withoutfiling amotion to show cause, but does require the director to expeditiously file a motion for review. Includes criteria when supervised visitation may apply andfor filing a motion to review a visitation plan. Provides that the court may order the parents, guardian, or custodian to participate in custody mediation but prohibits custody mediation from allowing the participants to consent to a change in custody.

Repeals GS 7B-906 (Review of custody order) and GS 7B-907 (Permanency Planning Hearing) and makesan organizational change,enacting new GS 7B-906.1, which combines provisions for bothreview of custodyorders and permanency planning hearings.

Details the timeline for conducting a review of custody orders and review hearings after the initial permanency planning hearing. Requires written findings from the court of its assessment per the review hearings. Specifies criteria regarding content, procedure, and relevant parties to the review hearings. Permits the court to waiveholding the hearings required under this section or to order the review hearings to be held less frequently than every six months if the court makes specified findings that (1) the juvenile's placement has been for at least one year, (2) the placement is stable and continuation is in the juvenile's best interest, (3) neither the juvenile's best interest nor the rights of any party necessitate review hearings every six months, (4) all parties have knowledge that that they may file a motion for review at any time to have the matter brought before the court, and (5) the court orderhas designated a suitable person as the permanent custodian or guardian.Prohibitsthe court from waiving or refusing to conduct a review hearing if a party files a motion seeking the review. However, provides thatif a guardian has been appointed and the guardianship is the permanent plan for the juvenile, the court is to proceed in accordance with GS 7B-600(b).

Makes clarifying changes to GS 7B-908 providing that the person providing care for the juvenile is to aid in the post-termination of parental rights placement court review (was, the foster parent, relative, or pre-adoptive parent).

Amends GS 7B-909 to provide that within six months of accepting a relinquishment of a juvenile for adoption under Part 7 of GS Chapter 48, Article 3, a review of the department of social services plan for the juvenile must be scheduled for hearing at a court that hears juvenile matters, unless the juvenile has become the subject of a decree of adoption. Provides that noticeto the court of the request for review may be done by a motion for review as well as a petition for review, providing that the court has jurisdiction over the juvenile. Makes additional clarifying changes.

Amends GS 7B-911 to direct the court to determine whether or not to terminate jurisdiction upon placing a juvenile in custody with a parent orother appropriate person under GS 50-13.1, 50-13.2, 50-13.5, and 50-13.7. Makes additional organizational and conforming changes to this section.

Amends GS 7B-1001to require that both the notice of appeal and notice to preserve the right to appeal be given in writing. Requires that the notice of appeal be signed by both the appealing party and the counsel for the appealing party, if any. Makes conforming changes.

Amends GS 7B-1106 to provide for service ofa copy of all pleadings and other papers required to be served on the respondent's attorney, if one has been appointed under GS 7B-602.

Amends GS 7B-1111(a)(5) to clarify the findings on which a court may base a determination to terminate the parental rights of a father of a juvenile born out of wedlock.

Amends GS 7B-1112.1 to provide that in the selection of adoptive parents, any current person providing placement for the child who wants to adopt the child be considered. Requires that foster parents be notified of the selection of adoptive parents within 10 days of the selection and before the adoption petition isfiled. Also permits the foster parents who want to adopt the juvenile and were not selected as adoptive parents to file a motion within 10 days of the Department's notification and schedule the case for hearing on the next juvenile calendar.

Provides additional guidelines regarding the selection of adoptive parents and the rights of the foster parents.

Makes conforming changes to GS 7B-1114, GS 7B-1203(2), GS 7B-2503(1)c.,andGS 7B-2506(1)c.

Effective October 1, 2013, and applies to proceedings filed on or after that date.

Amends GS 135-5(m2), allowing members of the North Carolina Public School Teachers' and Professional Educators' Investment Plan at any time coincident with or following retirement to make a one‑time election to transfer any portion of the member's eligible accumulated contributions, not including any Roth after‑tax contributions or earnings to the Teachers' and State Employees' Retirement System and receive a special retirement allowance, based on the member's transferred balance (previously, the Teachers' and Professional Educators' Investment Plan was not included under these provisions). Makes conforming, clarifying, and technical changes.

Amends GS 135-106(b), making conforming and technical changes.

Amends GS 135, by creating a new Article, Article 7 (Qualified Excess Benefit Arrangement for Certain Plans Administered by the Department of State Treasurer).

Creates GS 135-150, (Definitions), adding the definitions for terms as they are to be applied to this section. Includes Board of Trustees, Internal Revenue Code, payee, Qualified Excess Benefit Arrangement, and retirement systems.

Creates GS 135-151 (Qualified Excess Benefit Arrangement) (QEBA). QEBA is established and is effective January 1, 2014, placed under the management of the Board of Trustees, to provide the part of a retirement allowance or benefit that would  otherwise have been payable by a Retirement System except for limitations under section 415(b) of the Internal Revenue Code (IRC). QEBA is intended to constitute a qualified excess benefit arrangement under section 415(m) of the IRC.

Eligibility to participate in the QEBA. Payees will participate in the QEBA effective as of January 1 , 2014, for any calendar year during which he or she receives retirement allowance or benefit  from one or more retirement systems that is reduced due to the application of the maximum benefit provision of section 415(b) of the IRC.

Supplemental benefit payable under the QEBA. Effective January 1, 2014, a payee will receive a monthly supplemental benefit equal to the difference between the amount of that payee's monthly retirement paid under the applicable system on or after January 1, 2014, and the amount that would have been payable if not for the reduction due to the application of section 415(b) of the IRC. The supplemental benefit will be computed and payable under the same terms, at the the same time, and to the same person as the related benefit payable under the applicable retirement system. Supplemental payments cannot be deferred.

Funding of the QEBA. The QEBA will be unfunded within the meaning of the federal tax law. No payee contributions or deferrals can be made or allowed.  The Board of Trustees, upon recommendation of the actuary engaged by the Board, will determine the employer contributions required to pay benefits due under the QEBA for each fiscal year. Required contributions will be paid by each employer with respect to which payee's benefit under QEBA is attributable. The required contributions will be deposited in a separate fund. The benefit liability of the QEBA will be determined each fiscal year and assets will not be accumulated to pay benefits in future fiscal years.

Treatment of unused assets. Assets of the QEBA plan not used to pay benefits in the current fiscal year will be used for payment of the administrative expenses of the QEBA for the current or future fiscal years or will be paid to the appropriate Retirement System as an additional employer contribution.

Assets subject to claims of creditor. A payee or payee's beneficiary or heirs have no right and no property interest in any assets held to support the liabilities under this Article. If any right to acquire and receive benefits under the QEBA exists, the right will be no greater than the right of any unsecured general creditor of the state of North Carolina or such other applicable employers.

Administration. The QEBA will be administered by the Board of Trustees. They will compile and maintain all records necessary for administration. They will have full discretionary authority to interpret, construe, and implement the QEBA and to adopt any rules or regulations necessary to implement the provisions of this section.

No assignment. Except as provided in other provisions or statutes, or court-ordered equitable distribution, supplemental benefits under this article will be exempt from levy and sale, garnishment, attachment, or any other process and will be unassignable, unless provided otherwise.

Reservation of power to change.  The General Assembly reserves the right to modify or amend the provisions of the QEBA. No member of the Retirement System covered by this Article and no beneficiary of such a member will be deemed to have acquired any vested right to any supplemental payment under this Article.

Effective January 1, 2014

Amends GS Chapter 142, creating new GS 142-15.15 (Findings), which elaborates on the many situations in which the state or state agencies enter into financing agreements of many kinds which essentially constitute state-supported financing arrangements, but without the kinds of reviews established for similar financing arrangements. Due to these concerns, the General Assembly seeks to properly review and authorize these transactions.

Enacts new GS 142-15.16 (Definitions), providing the terms and descriptions that are to be used in this section, including financing arrangement, state entity, and state-supported financing arrangement.

Enacts new GS 142-15.17 (No State-supported financing of certain assets without approval of the General Assembly), providing that no state entity will enter into a state-supported financing arrangement regarding the acquisition of a capital asset having a $5 million or more value, unless the General Assembly has expressly approved the acquisition and the state-supported financing arrangement. Approval can be by way of act that refers to the specific or type of asset or the project.

 

 

Amends GS 121-7 (Historical museums), to allow the proceeds of an artifact sale to also be used for the maintenance or conservation of other artifacts in addition to the purchase of artifacts.

Deletes GS 121-7(c) and (d), concerning title of an artifact whose owner is unknown or cannot be found and filing a claim of title.

Creates a new Article in GS 121, Article 5 (Museum and Archives Repository Property).

Creates new Article 5 in GS Chapter 121. Creates new GS 121-50 (Legislative findings and declaration), providing that the constant management of loaned and titled property is a hindrance to the operation of museums and archives. Purpose of new article is to terminate stale claims and fairly and reasonably allocate the determination of title and financial responsibility.

Creates new GS 121-51 (Definitions), providing the terms and definitions to be used in this article, including address, archives respository, loan, museum, property, and valid claim.

Creates new GS 121-52 (Acquisition of title to loaned property), providing that loaned property where the term has expired and at least seven years have passed without written or other contact or the term of the loan did not have an expiration date but at least seven years have passed without contact, the museum or archive may acquire title.

Provides the process by which the museum or archive may acquire title under this section after seven years of no contact.

Creates new GS 121-53 (Responsibilities of owners of loaned property; representation of ownership; disputed ownership), providing that it is the responsibility of the owner of loaned property to notify the museum or archives of the owner's identity and current address.

Also requires all claimed owners to present evidence of ownership to the museum or archives after all changes in ownership, whether by sale, gift, devise, operation of law, or any other means.

A museum or archive is not liable for actions taken in reasonable reliance on the representation of the person who first transfers an item to the museum or archive that he or she is the true owner.

Where cases of disputed ownership arise, a museum or archive may retain possession of loaned property and not be held liable until it relies on a court order or judgment to release the property.

Creates new GS 121-54 (Museum or archives repository's lien for expenses), providing that when the lender of loaned property is known, a museum or archive may charge expenses relating to the reasonable care of the loaned property.

If the lender of loaned property is not known, a lien against the value of the property can be placed for reasonable expenses to protect the property.

Creates new GS 121-55 (Acquisition of undocumented property), providing that when a museum or archive is in possession of property and it does not know who the owner is and no one had claimed it within seven years, after the museum or archive follows the notification policy in subsection (b) of the Article, it is free and clear from all claims. However, if a museum or archive wishes to do this they still must provide public notice in the manner described in GS 121-52.

Amends GS 106-277.24 to increase the cap on the fine for a violation of the seed law from $500 to $10,000. Requires that the court consider the retail value of the seed when determining the fine amount and requires the payment of restitution for losses occurred when the case involves the unlawful sale of a protected seed. Allows the court to order the suspension of a violator's seed license for up to three years. Provides that violators have the ordinary right of appeal from judgments of the district and superior courts. Applies to offenses committed on or after December 1, 2013.

Enacts new GS 90-143.4 requiring a person employed as a chiropractic clinical assistant (defined in the new act) to obtain a certificate of competency from the State Board of Chiropractic Examiners (Board) within 120 days after beginning employment. Dos not require certification for employees with duties limited to administrative activities of a nonclinical nature. Makes it unlawful to practice unless certified. Requires applicants for certification to be at least 18, a high school graduate or equivalent, of good moral character, and able to demonstrate proficiency in the five listed areas. Provides for certification of applicants already certified or registered in another state. Certificates expire at the end of the calendar year unless renewed in a manner established by the Board. Sets a cap on the certification or renewal fee at $50. Effective July 1, 2014.

Amends GS 105-521, as the title indicates.

Amends GS 143B, creating a new section, GS 143B-87.2 (A+ Schools Special Fund). Provides for the creation of the A+ Schools Special Fund, a special interest-bearing revenue fund in the Department of Cultural Resources (Department), North Carolina Arts Council (Council). The fund consists of all receipts derived from private donations, grant funds, and earned revenue. The revenue in the fund may only be used for contracted services, conferences, meetings, travel, staff expenses, as well as other administrative costs. The staff of the Council and the Department will decide how to use the funds for the purposes of the A+ Schools program.

Applies to the A+ Schools program transferred to the Council in SL 2010-31.

Requires the Department to submit a report to the Joint Legislative Commission on Governmental Operations, the House of Reprentatives Appropriations Subcommittee on General Government, the Senate Appropriations Committee on General Government and Information Technology, and the Fiscal Research Division by Septemeber 30 of each year. The report will include the source and amount of all funds and how those funds were used during the prior fiscal year.

Effective July 1, 2013.

Creates the 10-member Study Committee on Metropolitan Planning Organizations to study the organization, structure, and oversight of metropolitan planning organizations, the role they play in transportation planning, and how to better match their role in planning while maintaining compliance with federal transportation requirements. Allows an interim report to the 2013 Regular Session of the General Assembly when it reconvenes in 2014 and provides that the committee terminates upon the earlier of the filing of the final report or the convening of the 2015 Regular Session of the General Assembly.

Identical to S 179, filed 3/5/13.

Amends GS 90-171.20 to add the term certified registered nurse anesthetist, defined as a registered nurse who (1) completes a program accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs, (2) is credentialed as a certified registered nurse anesthetist by the Council on Certification of Nurse Anesthetists, (3) maintains recertification through the Council on Recertification of Nurse Anesthetists, and (4) performs nurse anesthesia activities in collaboration with a health care provider.

Amends GS 14-410, GS 14-413, and GS 58-82A-2 as the title indicates.

Amends the definition of marital property(GS 50-20(b)) to provide that it is a presumption, rebuttable by the greater weight of the evidence,that all real property creating a tenancy by the entirety, and acquired after the date of marriage and before the date the couple separates, is marital property. Also amends the definition of divisible property to clarify that thetermmeanspassive increases and passive decreases in marital debt and financing charges and interest related to marital debt under equitable distribution laws.

Amends GS 20-139.1 to provide that an agency that conducts a chemical analysis of blood or urine samples for the presence of alcohol, a controlled substance or its metabolite, or anyimpairing substance may destroy the samples 12 months after the agency issues its report on all the examinations conducted without further notice to the parties. Also provides thatif either party files a motion to preserve the evidence then the evidence must remain in the custody of the analyzing agency or the agency that collected the sample until acourt of competent jurisdiction enters an order regarding the disposition of the evidence.

Amends GS 8-58.20(f), 8-58.20(g)(5), 20-139.1(c1), 20-139.1(c3), 20-139.1(e1), 90-95(g), and 90-95(g1) to provide for the admissibility of reports and other evidence after notice and demandif the defendant's attorney of record, or if there is no attorney, the defendant,fails to file a written objection to the admissibility of the evidence, reports, samples, statement, or testimony.

Amends GS 15A-266.3A(k) to require the SBI to act within 90 days (was, 30) of receipt of the verification form to mail notice acting on adefendant's request for expunction of a DNA record and destruction of DNAand to provide notice to the defendant of the disposition of the request for expunction.

Effective December 1, 2013, and all provisions of this act, except the amendments to GS 20-139.1 and GS 15A-266.3A(k), apply to proceedings that occur on or after December 1, 2013.

Amends GS 7A-455 (Partial indigency; liens; acquittals), providing that upon the termination, revocation, or expiration of the indigent person's probation, the judgment for court costs, as assessed by the court, becomes effective, docketed, and indexed pursuant to GS 1-233 (if later than the date on which the conviction becomes final if the person is not ordered to pay the state for representation).

In all cases where entry of judgment is authorized, whoever rendered services and incurred expenses  must make reasonable efforts to obtain the Social Security number of each person against whom judgment has been entered. The Social Security number, a certification that the person has no Social Security number, or a certification that it cannot be obtained with reasonable efforts must accompany each fee application and request.

Repeals GS 143-135.9(a)(3), defining information technology.

Amends GS 147-33.72C(e) to provide that the State Chief Information Officer (CIO) may require that contracts between a state agency and a private party for information technology projects, require a performance bond, monetary penalties, or other performance assurance measures (was, only penalties) for projects that are not completed or performed (was, completed) within the specified time frame or that involve costs exceeding contract specifications. Allows the State CIO to use cost savings realized on government-vendor partnerships as performance incentives for an information technology project vendor. Amends GS 147-33.91 to remove the provision that the State CIO may work cooperatively with the NC Agency for Public Telecommunications in furthering the purposes of the statute, while exercising general telecommunications coordinating authority. Amends GS 147-33.92 to provide that the State CIO must establish broadband (was, switched broadband) telecommunication services and permit specified organizations and entities to share on a not for profit basis. Removes other references in the statute to switched broadband. Amends GS 147-33.111 to require the State CIO to also conduct assessments of information system security. Makes conforming changes. Amends GS 147-33.112 to also require assessments of each agency's contracted vendors. Requires that assessments performed on all of the relevant entities include examining security practices, security industry standards and current expenditures of State funds for information technology security, in additional to existing requirements. Amends GS 150B-2 to amend the definition of Rule to also exclude standards adopted by the Office of Information Technology Services applied to information technology as defined in GS 147-33.81.

To be summarized 3/21/13.

To be summarized 3/21/13.

To be summarized 3/21/13.

To be summarized 3/21/13.

To be summarized 3/21/13.

To be summarized 3/21/13.