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

Makes a technical change to GS 20-37.13(c1)(3c).

Repeals GS 136-44.9, which required annual statements on repairs to secondary roads.

Amends GS 136-200.2(a) to remove the required report on the evaluation process for the boundaries, structure, and governance of each metropolitan planning organization.

Repeals GS 136-202(d), which required a report on the evaluation and adjustment of the boundaries of the area served by each metropolitan planning organization.

Amends GS 143-215.107C(e) to remove the required report on the development and implementation of the plan to reduce vehicle miles traveled by private sector employees and vehicle emissions resulting from job-related travel.

Amends GS 1-110, changing the title of the section to Suit as an indigent; counsel; waiver of fees; suits filed pro se by prison inmates, (was, Suit as an indigent; counsel; suits filed pro se by prison inmates).  Also provides that when any superior or district court judge or clerk of court authorizes a person to sue as an indigent, under this section, any fees or costs associated with executing a judgment entered by the court as a result of that lawsuit will also be waived, in addition to court costs associated with the filing of the lawsuit also being waived.

Effective July 1, 2013, applying to fees assessed on or after that date.

Identical to H 7, filed 1/30/13.

Adds new Part 30, Eugenics Asexualization and Sterilization Compensation Program, to Article 9 in GS Chapter 143B, to give a $50,000 lump sum in compensation to every qualified recipient. Defines qualified recipient as an individual asexualized or sterilized by the Eugenics Board of NC, who was living on May 16, 2012. Allows individuals to submit a claim for compensation on or before December 31, 2015, and authorizes a personal representative to submit a claim for an individual who died on or after May 16, 2012. Sets out the procedure for the NC Industrial Commission to determine whether individuals are qualified recipients and provides the right to appeal. Directs the Industrial Commission to use $184,000 of 2013-14 appropriated funds to administer this provision. Creates the Office of Justice for Sterilization Victims in the Department of Administration (DOA) to assist individuals who may be qualified recipients, and directs DOA to use $654,000 of 2013-14 appropriated funds to cover expenses.

Makes all records received or submitted under Part 30 confidential. Makes conforming changes to GS 132-1.23 and allows release of minutes or reports from the Eugenics Board if identifying information is redacted. Exempts payments of compensation from income taxation and specifies that the payments are not considered income or assets for purposes of determining eligibility for public assistance. Makes conforming changes to GS 105-134.6(b) and by enacting GS 108A-26.1. Prohibits the extension of any statute of limitations that expired before July 1, 2013, and limits the state's liability to the compensation amount.

Directs the State Controller to establish the Eugenics Sterilization Compensation Reserve to pay the compensation under Part 30 and directs that $10 million be reserved in the General Fund to the Compensation Reserve.

Effective when the act becomes law, directs the Department of Health and Human Services to submit specified state plan amendments to the Centers for Medicare and Medicaid Services by July 1, 2013, to allow for income disregard of the compensation payments. Directs the Department of Cultural Resources to electronically scan and index records and minutes of the Eugenics Board and requires DOA to create an electronic database of the information. Directs the Department of Cultural Resources to use $57,000 and directs DOA to use $155,000 from 2013-14 appropriated funds for these projects.

Effective July 1, 2013, unless otherwise indicated.

 

Establishes the 21-member Alzheimer's Disease Task Force (Task Force) and sets out the requirements for appointments to be made by the General Assembly (upon the recommendations of the President Pro Tempore of the Senate and the Speaker of the House) and the Governor, and requires that appointees reflect the composition of the state's population with regard to ethnic, racial, age, gender, and religious composition. Appointments are to be made no later than 30 days after the 2013 Regular Session of the General Assembly adjourns. Sets meeting requirements and expense allowances. Sets out the Task Force's six duties, including assessing the current and future impact of Alzheimer's disease on the state's residents; examining the industries, services, and resources available to meet the needs of those with the disease and their families and caregivers; and examining trends in the population of those with the disease and their needs in specified areas. Allows the Task Force to submit an interim report to the General Assembly and the Joint Legislative Oversight Committee on Health and Human Services and requires a final report to the Governor, the General Assembly, and the Joint Legislative Oversight Committee on Health and Human Services before the convening of the 2015 Regular Session. Requires that the report be in the form of a State Plan for Alzheimer's Disease and include specified information as well as any proposed legislation. Terminates the Task Force upon the earlier of the filing of the final report or January 7, 2015.

Amends GS 153A-360 (applicable to counties) and GS 160A-420 (applicable to cities) to prohibit requiring any permit other than a plumbing permit for the installation of any natural gas or propane appliance by an installer who has a plumbing license, as long as the installation does not otherwise require the installer to hold another license. Effective July 1, 2013.

Amends GS 18B-300 by creating a new subsection GS 18B-300(a1), providing that it is illegal to consume or for an owner/agent/employee to allow the consumption of malt beverages or unfortified wine on the premises of any business when any on-premise permit issued to the owner of that business, which authorizes the sale and/or consumption of malt beverage or unfortified wine, has been suspended or revoked by the Alcoholic Beverage Control Commission.

Effective December 1, 2013.

Identical to H 350, filed 3/19/13.

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

Amends GS 7B-101 (Definitions), deleting the definitions for community based program and shelter care and adding a definition for return home or reunification. Modifies the definition for custodian to only apply the term to a person 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 the definition 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 that prior to placing the name of a person identified as a responsible individual on the responsible individuals list maintained by the Department of Health and Human Services, one of the triggers is a court  determining if a person is 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 determination that 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 provide that if the director cannot show that an individual has received actual notice, the director is prohibited from  placing 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 neglect juvenile 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, ineligible to submit a 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 plan is not a basis for a change 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 exists may 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 for good 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 must be 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 dependent and remains a party until the court terminates its jurisdiction in the case. Provides that the juvenile's parent is a party unless (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 to a person convicted 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 list be included with the summons.

Amends GS 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 court without a reasonable cause, in contempt.

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 appointed attorney 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 that the parent be incompetent in accordance with GS 1A-1, Rule 17. Clarifies that the guardian ad litem cannot serve 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 combining the pre-adjudication hearing with a 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 without filing a motion to show cause, but does require the director to expeditiously file a motion for review. Includes criteria when supervised visitation may apply and for 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 makes an organizational change, enacting new GS 7B-906.1, which combines provisions for both review of custody orders 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 waive holding 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 order has designated a suitable person as the permanent custodian or guardian. Prohibits the court from waiving or refusing to conduct a review hearing if a party files a motion seeking the review. However, provides that if 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 notice to 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 or other 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-1001 to require that both the notice of appeal and notice to preserve the right appeal to 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 of a 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 is filed.  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.,and  GS 7B-2506(1)c.

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

 

Amends GS 115C-530 by adding new subsections (b1) and (b2) authorizing local boards of education to enter into operating leases for design and construction of net-zero energy schools.  Defines a net-zero energy school as a school designed to generate renewable energy in an amount equal to 105% of the school's estimated annual energy consumption as determined by standards specified in the provision. Requires the electric  power supplier in that service territority to also serve the school.  Authorizes the county board of commissioners to make additional provisions when approving a net-zero school operating lease for the periodic payment schedule to be submitted to the State Treasurer, and for the State Treasurer to make lease payments directly to the lessor when the school board or county is five days in arrears on the payment and withhold that amount from state payments to the school board or county.  Requires the State Treasurer under these circumstances to conduct an audit of the school board or county.

Amends Article 7 of GS Chapter 62 by adding a new GS 62-133.11 establishing the requirements of electric service and the power purchase contract that the electric power supplier serving a net-zero energy school must enter into with the school's owner, including the following:

• Electric power supplier must provide service to the school at a maximum starting fee of $400 per month (escalated annually at the consumer price index).
• Power service must include operation, maintenance, and replacement of interconnection facilities, meter reading, accounting, and related electric power services.
• Lessor must compensate the electric power supplier for actual direct costs of distribution, transformer, and interconnection facilities.
• School must be interconnected with electric power supplier to both receive and export power generated at the school through renewable energy sources.
• At the end of each annual billing cycle, electricity generated by the school from renewable energy sources and reductions in energy consumption must be netted against electricity received by the school.
• The power purchase contract must (1) fix the payment rate for the school's renewable energy electricity at no less than $40 per gross MWh, (2) be for a term of not less than 20 years, (3) require payments be made at least annually, (4) set the baseline for calculating energy savings according to energy-use intensity benchmarks from the most current Commercial Buildings Energy Consumption Survey, and (5) consider payments under the contract to be the purchase of a Renewable Energy Certificate and not a payment for electricity.
• School is authorized to operate either renewable or nonrenewable on-site standby generation which must be treated by the supplier on the same terms and conditions  made available to other customers.

Act is effective when it becomes law.

To be summarized at a later date.

Appropriates $3,731,927 for 2013-14 and $3,731,927 for 2014-15 from the General Fund to the Department of Public Instruction, in recurring funds, to support and expand the programs and services of Communities In Schools of North Carolina Inc. who must then use the funds to leverage federal and private grants to support local Communities In Schools programs throughout the state and place no fewer than 50 graduation coaches in elementary, middle, or high schools. Sets priority to be given when placing the graduation coaches.

Appropriates $1,035,000 for 2013-14 from the General Fund to Communities In Schools of North Carolina Inc. to open at least three additional Performance Learning Centers or innovative high schools across the state over the next three years. Requires that funds be expended by the end of the 2015-16 school year.

Requires Communities In Schools to report on the activities of graduation coaches and progress in developing the additional centers to the Joint Legislative Education Oversight Committee annually, beginning October 15, 2014.

Effective July 1, 2013.

Authorizes the acquisition or construction of capital improvements specified in the bill, and financing of these projects with funds from non-state sources for the following constituent institutions of The University of North Carolina: Appalachian State University, East Carolina University, North Carolina A&T University, North Carolina State University, The University of North Carolina at Chapel Hill, The University of North Carolina at Charlotte, The University of North Carolina at Greensboro, Western Carolina University, and Winston-Salem State University.

Authorizes Winston-Salem State University to construct and finance the Bowman Gray & Civitan Park Acquisition project notwithstanding the requirement under GS 116D-22(5) that the capital facility be located at the institution and to enter into the project either through direct ownership or a long-term agreement with the City of Winston-Salem.

Amends GS 18B-1006(a) to authorize the sale of beer and wine at events held at a UNC constituent university stadium that supports a NASCAR-sanctioned one-fourth mile asphalt flat oval short track where the event is not sponsored or funded by the UNC institution.

Amends GS 130A-248(a3)(2), expanding the requirements for food protection, providing four new requirements, including that a food establishment is required to have only one certified food protection manager even if the food establishment has two or more separately permitted food departments on its premises.

Appoints specified individual to the North Carolina Museum of Art Board of Trustees.

Enacts new GS 131E-79.2 requiring licensed hospitals to provide parents of newborns delivered at the hospital with free information about pertussis and the availability of the tetanus-diphtheria and pertussis vaccine. Requires the information to be provided during the postpartum period and before the mother is discharged from the hospital. Specifies recommendations to be included in the information. Provides that the act does not require a hospital to provide or pay for any vaccination against pertussis disease. Effective October 1, 2013.

Amends various sections of the Nursing Home Administrator Act (Article 20 of GS Chapter 90) related to qualifications for licensure, fees, Board personnel, reciprocity, criminal history record checks of applicants, and adds a new section establishing confidentiality of investigative records, as follows.

Amends GS 90-278(1) by increasing the educational requirement for licensure under subdivision b. from two years of college level study or a combination of education and experience to a baccalaureate degree from an accredited college or university or an associate's degree in nursing with a minimum of 5 years experience as a director of nursing for five of the previous six years prior to licensure application.  Also increases the examination requirement under subdivision e. by requiring passage of both national and state examinations within one year of completing the administrator-in-training program.

Amends GS 90-280 by increasing the maximum amount for fees set by the State Board of Examiners for Nursing Home Administrators for application processing (up to $500), license and renewal (up to $1,000), duplicate license (up to $100), inactive status (up to $200), temporary license (up to $500), Board-administered initial training and continuing education (up to $1,000), certifying an individual continuing education course by another entity (up to $100 per course hour), and certifying a continuing education course provider (up to $4,000).

Amends GS 90-283, clarifying the Board's authority to employ or retain professional personnel, including legal counsel, as well as clerical or other special personnel deemed necessary by the Board.

Amends GS 90-285(3), clarifying that licenses are issued consistent with specified statutory requirements and the Board's rules.

Amends GS 90-287 adding to the reciprocity requirements for licensure in this state that the applicant pass the national and state examinations.

Amends GS 90-288.01 granting the Board discretion in requiring a criminal history record check of an applicant for license renewal (still mandatory for initial and temporary licensure) and deleting the requirement that the Board disclose to an applicant denied initial or renewed licensure information from the criminal record check relevant to the Board's decision.

Adds new GS 90-288.02 making documents related to an investigation, inquiry, or interview conducted by the Board in connection with certification, licensure, or a disciplinary matter not public records under GS Chapter 132.  Notices or statements of charges, notices of hearings, and decisions by the board are a matter of public record, as are all other documents of the Board, but the names and other identifying information of residents who have not consented to public disclosure must be redacted.

Effective when the act becomes law.

Identical to H 453, filed 3/27/13.

As title indicates.  Amends GS 105-275(40), (Property classified and excluded from the tax base), deleting GS 105-275(40)b, which provides that the exclusion does not apply to software purchased or licensed from an unrelated person that is capitalized in the taxpayer's books. Also deletes language referencing embedded software as it relates to software that is not included in the exclusion.

Effective for taxes imposed for taxable years beginning on or after July 1, 2013.

 

Enacts new Article 8D (Energy and Water Use Benchmarking for Public Buildings), in GS Chapter 143. Requires that all public buildings be annually benchmarked (as defined) for building energy use and building water use for the previous fiscal year. Requires the Department of Administration (Department) to request from owners of public leased buildings for annual benchmarking and include an annual benchmarking requirement in any lease renewal for a public leased building or in any Request for Proposal issued to potential lessors. Sets out the schedule for benchmarking. Requires the Department, no later than April 1 after benchmarking, to create a plan of action to unlock the cost savings potential of information gathered during benchmarking. Requires the Department publish (include posting on its website) benchmarking information no later than one month after the date required for benchmarking completion.

Amends GS 15A-1368.4 to allow imposing a condition of community service on a supervisee who fails to fully satisfy any order for restitution, reparation, or costs imposed against the supervisee as part of the supervisee's sentence. Makes conforming changes.

Enacts new GS 135-48.39 to allow the State Treasurer to offer to pay or reimburse premiums for alternative health benefit plan coverage instead of coverage under the State Health Plan. Limits premium payments in lieu of coverage to the specified categories of eligibility (relating to retirees) and allows for varying the amounts of premiums depending on the category of eligibility. Makes conforming changes to GS 135-48.30.

Amends GS 58-3-178(e) to provide that the term religious employer means any of the following employing entities: (1) one that is operated pursuant to moral, ethical, or religious tenets contrary to the use or provision of contraceptive drugs or devices; (2) an entity for which individuals holding a majority ownership interest have a sincerely held religious or moral objection to the use or provision of contraceptive drugs or devices, or a wholly owned subsidiary of such an entity; or (3) a sole proprietorship for which the sole proprietor has a sincerely held religious or moral objection to the use or provision of contraceptive drugs or devices. Applies to plans in effect as of the date that the act becomes law, to the extent allowable by either the federal or state constitutions.

Enacts new GS 90-85.15B in Article 4A of GS Chapter 90 to authorize a pharmacist to administer any vaccine or immunization recommended or required by the Centers for Disease Control and Prevention, provided the pharmacist follows the listed limitations and requirements. Prohibits immunizations to patients under the age of 18.

Deletes the description of practice of pharmacy in GS 90-85.3(r) and incorporates those provisions into new GS 90-85.3A. Makes a conforming change.
Makes conforming changes to GS 130A-153 and 130A-154(a) (pertaining to immunizations under the Public Health Law).

Specifies the rule that governs the administration of specified vaccines by an immunizing pharmacist. Requires the NC Medical Board, in cooperation with the NC Board of Pharmacy, to amend another specified rule to give immunizing pharmacists the authority to administer the flu vaccine to patients under age 14.

Effective July 1, 2013.

Enacts new GS 20-187.4 to allow a member of the State Highway Patrol, subject to commanding officer approval, to engage in secondary employment that does not create a conflict of interest or impair the member's ability to perform expected duties. Specifies permitted types of secondary employment. Provides that the statute is not to be construed to allow a member to engage in secondary employment that requires the member to testify in court or make arrests. Requires the Secretary of Public Safety to adopt orders, rules, and regulations that are consistent with the statute.

Amends GS 160A-211(b) to set the privilege license tax for a business entity that is a wholesaler, receiver, distributor, and importer of only fruits and vegetables at $100. Makes technical and conforming changes. Effective July 1, 2013.

Amends GS 95-131 by adding a new subsection (h) providing that the exemption from the occupational health and safety act general industry standards for agricultural operations applies to processing facilities wholly owned by a bona fide farm and used to process only agriculture products produced on that farm.  The definition of a bona fide farm is the same as in GA 153A-340(b)(2).  Effective when the act becomes law.

Amends GS 105-277.3, as the title indicates. Effective for taxes imposed for taxable years beginning on or after July 1, 2013.

Identical to H 136, filed 2/20/13.

Amends GS 87-98 (concerning the Bernard Allen Memorial Emergency Drinking Water Fund) to permit Fund payments for additional testing for contamination in specified circumstances, repair of contaminated wells, and monitoring of certain filtration systems. Limits the Fund expenditure to $50,000 (was, $10,000) per household or connection to pay for an alternative drinking water supply provided by waterline extension. Specifies that the Fund may not cover more than one-third of the project's total cost when more than ten residences are eligible for alternative water supplies. Clarifies that $100,000 may be used annually to pay for personnel and other direct costs to operate the Fund. States that wells contaminated from non-naturally occurring groundwater sources have priority for replacement supplies over wells with naturally occurring contamination.

Amends GS 143B-426.40A to provide that if the Department of Administration (Department) approves a payroll deduction plan (subject to rules adopted by the State Controller), a state employee may authorize, in writing, a periodic salary deduction of a designated lump sum for discretionary transportation and parking privileges.

Requires the Department to use its best efforts to offer bus passes by payroll deduction.

Repeals GS 153A-27 regarding vacancies in the office of county commissioner. Amends GS 153A-27.1 by (1) applying the statute's procedures for filling vacancies on boards of commissioners to all counties; (2) requiring that if the person being replaced was the nominee of a political party, the replacement nominee must be eligible to have filed as a candidate of that party for the most recent election for that office; (3) requiring that if the person being replaced was not the nominee of a political party, the replacement nominee must be currently eligible for election to the office; and (4) making conforming changes to the statute.
Amends GS 161-5(a1) regarding vacancies in the office of register of deeds by establishing a procedure by which the county executive committee of the party of the person being replaced may recommend three persons as possible replacements, and one of those three must be selected as the replacement. Adds eligibility requirements depending on whether the person being replaced was nominated by a political party.
Repeals GS 162-5 regarding vacancies for the office of sheriff. Amends GS 162-5.1 by (1) establishing a procedure by which the county executive committee of the party of the sheriff being replaced may recommend three persons as possible replacements, and one of those three must be selected as the replacement and (2) applying the statute's procedures for filling vacancies in the office of sheriff to all counties. Adds eligibility requirements depending on whether the person being replaced was nominated by a political party. Makes a conforming change to GS 162-3.
Amends GS 115C-37.1 regarding vacancies in the membership of county boards of education by applying the statute's procedures to all counties.
Amends procedures established in GS 160A-63 for vacancies in elective offices of cities conducting elections on a partisan basis by (1) establishing a procedure by which the county executive committee of the party of the person being replaced may recommend three persons as possible replacements, and one of those three must be selected as the replacement and (2) for the office of mayor or an at-large member of a city council, requiring the county executive committee to restrict its voting on the three proposed replacements to only those committee members representing precincts all or part of which were in the territorial area of the city or, if applicable, the district of the council member being replaced. Adds eligibility requirements depending on whether the person being replaced was nominated by a political party.
Amends GS 163-114 to clarify that, for elective county district offices where not all of the county is located in that office's district, voting on a replacement must be restricted to those members of the political party's county executive committee who reside within the district.