House amendment to the 2nd edition makes the following changes. Amends GS 18C-115 to require each state department or agency receiving lottery funds to use its established channels of communication to inform the public about amounts received and activities supported by lottery proceeds; deletes requirement that the Commission report on the allocation of proceeds and inform the public about the proceeds of funds and beneficiaries of the funding.

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

Retracts changes made to GS 47G-1(1) and (5).

Deletes Section 4 of 1st edition, which included changes to GS 47H-6(a)(3) and (b).

Amends GS 75-120 (Definitions), deleting default from the definitions list and a qualifying condition from the definition for foreclosure rescue transaction.

Amends GS 75-121 (Foreclosure rescue transaction prohibited; exceptions; violation), providing that an appraisal to determine the fair market value of the property must be performed no more than 120 days (previously 90 days) prior to the rescue transfer. The appraisal will be delivered to the transferor no less than seven days prior to the time the transferor becomes obligated to perform the agreement.

Makes technical changes throughout.

House amendment makes the following change to the 1st edition.

Makes a clarifying change, amending GS 136-44.71(1), Classification of unused property, providing that Class A property must be of size and shape sufficient to allow compliance with applicable or proposed zoning and development standards (previously, was property of size and shape sufficient to allow compliance with zoning and development standards).

 

House amendment makes the following changes to the 2nd edition.

Amends GS 160A-64.1 and GS 153A-30, providing that the provisions found in GS 105-368(a), which limits the amount of compensation that may be garnished to not more than 10% for any one pay period does not apply to these statutes.

Makes a clarifying correction.

 

House amendment makes the following changes to the 1st edition.

Makes technical and clarifying changes, amending GS 143-151.71(4), establishing that Major Department of Defense military installation means Fort Bragg, Pope Army Airfield, Camp Lejeune Marine Corps Air Base, New River Marine Corps Air Station, Cherry Point Marine Corps Air Station, Military Ocean Terminal at Sunny Point, the United States Coast Guard Air Station at Elizabeth City, Naval Support Activity Northwest, and Seymour Johnson Air Force Base, in its own right and as the responsible entity for the Dare County Bombing Range, and any facility located within the State that is subject to the installations' oversight and control.

House amendment makes the following changes to the 2nd edition.

Changes the long title.

Amends Section 1(a) of the previous edition, providing that all assets and outstanding debts of any public water system meeting the following criteria are transferred to the metropolitan sewerage district operating in the county where the public water system is located and operated as a Metropolitan Water and Sewage District.

(1) The public water system is owned and operated by a municipality located in a county where a metropolitan sewerage district is operating.

(2) The public water system has not been issued a certificate for an interbasin transfer.

(3) The public water system serves a population greater than 120,000 people, according to data submitted pursuant to GS 143-355(l).

Amends Section 1(b), deleting the requirement that public sewer systems must not be operated as either a joint or regional public sewer system in order for the provisions of that section to apply.

Amends Section 1(d), providing that members of the metropolitan sewerage district will continue to serve on the district board of the Metropolitan Water and Sewerage District until the governing body appoints or replaces that member on the district board.

Adds Section 1(f), which provides, for the purposes of this section, that the transfer of all outstanding debts will make the Metropolitan Water and Sewer District liable for debts attached to and related to the assets transferred under this section and establishes that the Metropolitan Water and Sewer District will indemnify and hold harmless the grantor entity for outstanding debts transferred under this section.

Creates new section GS 162A-85.2, (Creation), providing that two or more political subdivisions can establish a metropolitan water and sewerage district if a resolution is adopted, setting out specified terms and conditions.  Also provides the procedures and processes that must take place prior to the adoption of a resolution.

Amends GS 162A-85.3, (District board), deleting the limitation that a district board cannot have more than 15 members.

Amends the enactment clause, providing that the act is effective May 15, 2013, and the Metropolitan Water and Sewer District, pursuant to Section 1 of the act, will be created by operation of law.

Amends Article 23C of GS Chapter 113 to change the name of the North Carolina Seafood Industrial Park Authority to the North Carolina Marine Industrial Park Authority (Authority) throughout the Article. Changes references to seafood industrial parks to marine industrial parks throughout the Article.

Amends the Authority's general purposes as follows: (1) to acquire, construct, equip, maintain, develop and improve the port facilities at the parks and to maintain, develop, an improve the navigability of waterways in or adjacent to the parks and those waterways connecting the parks with the channels of commerce of the Atlantic Ocean; also removes references to specific parks and the requirement of consistency with projects designed pursuant to the Manteo Bay navigation project; (2) to foster and stimulate the growth of marine-related industries in the state (was, to foster and stimulate shipment of seafood commerce through said ports); (3) to accept funds from any counties or cities containing a marine industrial park and to use the funds in a manner, within the Authority's purposes, that is stipulated by the funding county or city; and (4) deletes cooperating with the federal government in the maintenance, development, improvement, and use of seafood harbors and the waterways connecting the parks with the channels of commerce of the Atlantic Ocean.

Amends the powers of the Authority to authorize and empower the Authority to port facilities at the parks and improve the navigability of those waterways connecting the parks with the channels of commerce of the Atlantic Ocean.

Amends the powers of eminent domain in GS 113-315.32 to remove the reference to navigation stabilization structures recommended by the US Army Corps of Engineers.

Makes conforming and clarifying changes throughout the Article.

 

Establishes the 18-member North Carolina Educator Effectiveness and Compensation Task Force (Task Force), with membership appointed by the Speaker of the House of Representative and the President Pro Tempore of the Senate, as specified. Requires the Task Force to make recommendations on whether to create a statewide model of incentives to encourage the recruitment and retention of highly effective educators and to consider the transition to an alternative compensation system for educators. Specifies factors to be considered by the Task Force. Requires the Task Force to report to the 2014 Regular Session of the 2013 General Assembly by April 15, 2014, at which time the Task Force terminates.

Amends GS 115C-325 to amend the determination of a teacher's career status when a teacher has been employed by a North Carolina public school system for four consecutive years. Probationary teachers given ratings of accomplished or higher on all evaluation standards for the last two of four years, who have demonstrated 20% or higher in student growth each year, and received a rating of highly effective by the end of the fourth year, with 50% of that rating determined by the student growth standard, are automatically eligible for career status. Those that have not received a rating of proficient or higher on all evaluation standards for three out of the last three of the four years, demonstrated at least 20% in student growth each year, and received a rating of effective or higher by the end of the fourth year of evaluations, with 50% of that rating determined by the student growth standard, do not achieve career status. Allows the State Board to adopt rules for remediation for teachers ineligible to achieve career status. If neither of the described circumstances apply, then the board must vote on whether to grant career status. Provides for the revocation of career status in specified circumstances. Makes conforming changes. Provides that a teacher obtaining career status and maintaining a rating of highly effective will not be required to serve another probationary period in any state public school system. Provides that the board may not refuse to renew the contract of any probationary teacher or to reemploy any teacher not under contract because the teacher, in good faith, reported a violation of law by a member of the local board of education or by an employee of the local board. Amends GS 115C-45 to give a licensed employee of a local administrative unit the right to petition the local board of education to grant a hearing regarding the results of the employee's annual evaluation or implementation of a mandatory improvement plan. Applies beginning with the 2013-14 school year.

Amends GS 115C-296(b) to require that continuing licensure require at least 10 continuing education credits, including competencies related to digital learning and innovative and alternative methods of teaching. Also requires the standards for approval of institutions of teacher education to require that teacher education programs for all students include demonstrated competencies in creative teaching strategies, including digital learning and innovative and alternative methods of teaching (in addition to other already specified competencies). Provides that for teachers in their fourth or fifth year of their current five-year license renewal cycle, the changes apply beginning with the first year of their next five-year license renewal cycle. Applies beginning with the 2013-14 school year.

Repeals Section 7A.3(e) of SL 2012-142, which sets out the guidelines for determining school performance scores and grades that the State Board of Education must award. Enacts new GS 115C-83.11 to provide criteria to be used by the SBE in calculating school performance scores, grades, and indicators of student growth as required by GS 115C-12(9)c1. Specifies the data to be used in calculating the performance grade for schools serving students in any combination of grades three through eight and specifies the five indicators  to be averaged in calculating the performance grade for schools serving students in any  combination of grades nine through twelve. Provides for an increase of the final letter grade for the school by one value for a school that meets or exceeds growth as determined by the Education Value-Added Assessment System (EVAAS). Provides additional criteria regarding the impact of specified levels of achievement on the final grade issued to a school for performance. Directs the SBE to proportionally adjust the performance scale to account for the awarding of a performance grade to a school that does not have a measure of one of the school performance elements annually assessed for the grades taught at that school. Requires the SBE to report any adjustments to the calculation and distribution of the school performance grades to the Joint Legislative Education Oversight Committee annually by January 15. Makes a conforming change to GS 115C-12, GS 115C-47, GS 115C-238.29F, GS 115C-238.66, and GS 115C-12. Effective when the act becomes law and applies beginning with the 2013-14 school year. Directs the SBE to issue the first annual report cards under new GS 115C-12(9)c1., as amended by this act, no earlier than August 1, 2014.

Amends GS 115C-105.27 to provide that school improvement team meetings are subject to the open meetings requirements while deliberations on the school safety component of the plan is in closed session. Makes the school improvement plan, except for the school safety components, a public record and requires that it be posted to the school's website, along with specified information on school improvement team members. Requires the superintendent to review the school safety components of the school improvement plan and make written recommendations to the local board of education. Requires the local board to review the school safety component in closed session before voting to accept the improvement plan. Prohibits the safety components of the plan and the board's findings on those components from being placed in the board's minutes. Encourages interested individuals or organizations to express any concerns regarding compliance with the statute to the principal or superintendent. Requires the superintendent to make a good faith effort to investigate the concern. Makes conforming changes to GS 143-318.11.

Requires the State Board of Education to establish standards and guidelines under which schools may give academic credit to students for out of school learning experiences. Specifies elements to be included in the standards. Allows local school administrative units, with approval from the Board, to offer academic credit to students under these standards beginning with the 2014-15 school year.

Amends GS 115C-375.1 (to provide some medical care to students) to replace "board of education" with "local board of education" throughout the statute. Requires that the principal ensure that appropriate training is provided to all individuals participating in the medical care program. Makes other clarifying changes. Applies beginning with the 2013-14 school year.

Unless otherwise provided, the act is effective when it becomes law and applies beginning with the 2013-14 school year.

Effective October 1, 2013, adds new GS 15A-2007 to prohibit a defendant determined to have a severe mental disability at the time of the commission of a criminal offense from being sentenced to death. Defines severe mental disability to mean any mental disability or defect that significantly impairs a person's capacity to do any of the following in relation to the criminal offense: (1) appreciate the nature, consequences, or wrongfulness of the person's conduct; (2) exercise rational judgment in relation to the offense; or (3) conform the person's conduct to the requirement of the law in connection with the offense. Places the burden on the defendant to show that the mental disability was manifested at some time prior to the defendant's alleged offense. Specifies that a mental disability manifested primarily by repeated criminal conduct or attributable solely to the acute effects of alcohol or other drugs does not, standing alone, constitute a severe mental disability.

Requires court to hold a pretrial hearing, upon motion of the defendant, to determine if the defendant had a severe mental disability at the time of the commission of the offense. Imposes burden of production and persuasion on defendant to demonstrate by clear and convincing evidence.

Requiresanyone found to be under the influence of a severe mental disability at the time of the commission of the criminal offense to waive a defense of not guilty by reason of insanity; however, a pretrial determination that the defendant has a severe mental disability does not preclude the defendant from raising any other legal defense during trial.

Specifies that if court does not find that defendant had a severe mental disability at the time of the commission of the criminal offense during the pre-trial hearing, the defendant may introduce evidence of the disability during the sentencing hearing. Requires court to submit a special issue to the jury as to whether the defendant had a severe mental disability at the time of the commission of the criminal offense prior to the consideration of aggravating or mitigating factors and the determination of a sentence. If the jury determines that the defendant had a severe mental disability at the time of the commission of the criminal offense, the court must declare the case non-capital and the defendant must be sentenced to life imprisonment without parole. Imposes burden of production and persuasion on defendant by a preponderance of the evidence. Authorizes the jury to consider any evidence presented by the defendant of a severe mental disability when determining mitigating factors and the defendant's sentence, even if the jury determines that the defendant did not have a severe mental disability.

Specifies that defendant determined to have a severe mental disability at the time of the commission of the criminal offense may be subject to any other sentence authorized by GS 14-17 for the crime of murder in the first degree.

Effective October 1, 2013, makes conforming changes to GS 15A-2000(b).

Effective October 1, 2013, and expiring as ofOctober 1, 2014, enacts new GS 15A-2008 to allow a defendant who has been convicted of first degree murder and sentenced to death to request a post conviction determination of severe mental disability. Specifies time period for filing motion and requires that the procedures and hearing on the motion comply with GS 15A-1420.

Effective October 1, 2013, enacts new GS 15A-960 to prohibit an insanity defense if: (1) prior alcohol use, prior drug use, or both are the sole cause of the psychosis or (2) voluntary intoxication, a voluntary drugged condition, or both combined are the sole support for the defense.

Amends SL 2010-31, Section 28.7(b), to require the Department of Transportation to include lift-span or drawbridge delay associated with raising, raised, and lowering positions of the bridges in the travel time savings calculations for projects considered by the department for the potential use of mobility funds.

Amends GS 20-109.1 (Surrender of titles to salvage vehicles), providing that if a salvage vehicle owner fails to assign and deliver the vehicle's certificate of title to the insurer within 30 days of payment of the claim, the insurer, without surrendering the certificate of title, can request that the Division of Motor Vehicles (DMV) send a form on order to transfer the title of the vehicle to the person who buys the vehicle. Sets out the processes and procedures regarding obtaining and using the form. Issuance of this form extinguishes all existing liens on the vehicle.

Sets out the processes and procedures for a vehicle that the insurer did not take ownership of and directed the used motor vehicle dealer to release to the owner or lienholder and is subsequently abandoned by the owner or lienholder. Includes provisions which establish the notices and waiting periods required before a vehicle can be considered abandoned and assigned to the used motor vehicle dealer. Requires the issuance and utilization of the above form if the vehicle is to be bought from the dealer.

Amends GS 20-72(b), establishing that the provisions of this subsection do not apply to transfers pursuant to GS 20-109.1(b)(2) or (e1) and that transfers pursuant to GS 20-109.1(b)(2) or GS 20-109.1(e1) do not require the salvage title to be forwarded to the DMV.

Amends GS 20-75 (When transferee is dealer or insurance company), providing that transfers pursuant to GS 20-109.1(b)(2) or GS 20-109.1(e1) do not require the salvage title to be forwarded to the DMV.

Amends GS 20-78(a), establishing that after receipt of an application for transfer and payment of all proper fees, but no properly endorsed certificate of title has been received, the DMV will issue a salvage certificate of title, pursuant to GS 20-109.1(b)(2) or GS 20-109.1(e1).

Amends GS 20-85(a)(10), providing that a $15 fee is assessed for a salvage certificate of title by an insurer or by a used motor vehicle dealer, pursuant to GS 20-109.1(e1).

Amends GS 105-187.6(a)(1), providing that the tax imposed by this Article does not apply when a certificate of title is issued as the result of a transfer of a motor vehicle to a used motor vehicle dealer under GS 20-109.1 because the vehicle is a salvage vehicle that was abandoned.

Effective October 1, 2013.

 

 

 

Requires rules adopted by the Environmental Management Commission (EMC) under SL 2009-486 to implement nutrient management strategies for the Falls of the Neuse Reservoir watershed to be applied and enforced uniformly across all counties in which a portion of the Upper Neuse River Basin is located. Requires nutrient loading allocations and nutrient management strategies to be uniform among all members of any nongeographic category of dischargers subject to controls under the rules.

Requires the EMC to adopt permanent and temporary rules to implement these requirements by May 1, 2014.

Amends GS 14-45.1(e), making clarifying changes, establishing that NC physicians, nurses, or other health care providers will not be required to participate in abortions after stating a moral, ethical, or religious objection.  Such refusal, by NC physicians, nurses, or other health care providers, to perform or participate in these procedures cannot serve as a basis for damages for any disciplinary or any other recriminatory action. Provides that the term health care provider, for the purposes of this section, has the same meaning as defined under GS 90-410(1).

Amends GS 14-45.1(f), providing that health care providers are not required by this section to perform an abortion or to provide abortion services (previously this exemption only included hospitals and health care institutions).

Amends 58-3-178(e), providing a new definition for religious employer, which means

Amends GS 136-18(Powers of Department of Transportation), providing that the Department of Transportation (Department) can enter intoup to five agreementswith a private entity, as provided under subdivision (39) of this section,providing that prior to the partnership agreement, (1) the project is included in the current State Transportation Improvement Plan, (2) the project is eligible for funding under GS 136-188, and (3) the project is ranked as one of top 30 projects based on the scoring provided in GS 136-188(previously, Department could only enter into an agreement for a pilot project that was a candidate for funding under the Mobility Fund and planned for construction through a public-private partnership). Provides that Article 6H (public toll roads and bridges) of GS Chapter 136 applies to the Department and to projects undertaken by the Department under subdivision (39) of this section.Allows the Department to assign its authority under Article 6H concerning tolls and fees (including retaining and enforcing them) to the private entity. Provides that issuance of private activity bonds andany relatedactions is governed by the State and Local Government Revenue Bond Act, Article 5 of GS Chapter 159, with GS 159-88 satisfied by adherence to the requirements of subdivision (39a)(was, subdivisions (39) and 39a).

Amends GS 136-89.183 to include retaining and enforcing tolls and fees among the necessary powers granted to the North Carolina Turnpike Authority (Authority)to execute the provisionsof Article 6H, GS Chapter 136.

Amends GS 136-89.188 to expand the list of permitted uses of revenues derived from the turnpike projects and provides for the use of excess toll revenues with respect to a turnpike project. Defines excess toll revenuesas meaning those toll revenues derived from a Turnpike Authority that are not otherwise used or allocated to the Authority or a private entity.

Enacts new GS 136-89.199 allowing the designation of high occupancy toll or other managed lanes.

Adds a new subsection (c) to GS 136-89.212 to provide that if a person establishes that a motor vehicle was in the custody, care, and control of another person under subsection (b) of this section, then the other person is responsible for paying the toll and may be billed by theAuthority.

Makes additional changes to GS 89-136.213 regarding the administration of tolls, allowing the Authority to assign its authority to fix, revise, charge, retain, enforce, and collect tolls and fees under this article to a private entity that has entered into a partnership agreement with the Authority under GS 136-89.183(a)(17).

Provides criteria for accepting payment for a turnpike project that uses an open road tolling system and billing a motorist for an unpaid open road toll. Provides that the bill must be sent to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as established under GS 136-89.212(b).

Amends GS 135-89.215 to limit the processing fee for each unpaid toll bill to $6 for each unpaid bill(was, limited amount to no more than $48 in processing fees in a 12-month period).

Amends GS 163-82.14 to allow the State Board of Elections to enter into data-sharing agreements with other states to cross-check information on voter registration and voting records.

Requires the State Board of Elections to actively seek ways to share and cross-check information on voting records and voter registration with other states to improve the accuracy of voter registration lists, using resources such as the Electronic Registration Information Center and by entering into interstate compacts.

Directs the cochairs of the Joint Legislative Education Oversight Committee to appoint a subcommittee of its members to study and make recommendations regarding methods to increase the political, economic, and regional diversity of the individuals elected to the UNC Board of Governors (Board) by the General Assembly.

The subcommittee will examine issues such as whether to increase the size of the Board, whether to reserve specific seats for each of the constituent institutions, and whether to require that a certain proportion of the membership be members of the minority political party.

Findings and recommendations will be reported to the Joint Legislative Education Oversight Committee no later than March 1, 2014. The full committee can report its findings and recommendations by May 1, 2014, to the 2013 General Assembly.

Identical to S 585, filed 4/2/13.

Amends GS 20-28, establishing that any person who drives with their licensed revoked is guilty of a Class 1 misdemeanor.  Except that in cases where a person satisfies the criteria of GS 20-28(a1) or whose drivers license was revoked pursuant to GS 20-24.1 is only guilty of an infraction.  Other specified situations, including having a license revoked for an impaired driving license revocation as defined in GS 20-28.2(a), or pursuant to GS 20-16(a)(5), or the person was charged with violating any restriction of GS 20-179.3, as well as, any restriction relating to the installation or use of an ignition interlock, pursuant to GS 20-17.8, will result in the person's license being revoked for an additional period of one year for a first offense, two years for the second offense, and permanently for a third or subsequent offense (was, upon conviction of the Class 1 misdemeanor a license was revoked for an additional one year period for a first offense, two years for the second offense, and permanently for a third). Provides that a violation of driving while license revoked, that does not result in an additional period of license revocation, will not be considered a moving violation. Provides that when a license is revoked where the license was originally revoked for impaired driving, license revocation, as defined in GS 20-28.2(a), or charged with violating 20-28(a) based on a violation of GS 20-179.3, or in regards to any restriction relating to the installation or use of an ignition interlock pursuant to GS 20-17.8, the license may  be restored conditionally by the DMV pursuant to GS 20-28(c4).

Amends GS 20-28.1(a), setting out, for the purposes of this subsection, offenses which are not considered moving offenses, including a violation of GS 20-28(a1), a violation of GS 20-28(a) that does not require an additional period of license revocation, and a violation of GS 20-7 for operating a motor vehicle without an operator's license. Amends GS 20-20.1(b)(3), providing that a person is eligible for a limited driving privilege if certain specified conditions apply, including that the person's underlying offense is not an impaired driving license revocation under GS 20-28.2(a), a violation of a restriction of GS 20-179.3, or in regards to any restriction relating to the installation or use of an ignition interlock pursuant to GS 20-17.8. Makes clarifying changes.

Effective December 1, 2013, applying to offenses committed on or after that date.

Amends GS 58-50-30 and GS 135-48.51, as title indicates. Effective October 1, 2013, and applies to health benefit plans issued, renewed, or amended on or after that date.

Enacts new Article 43, Radiologic Technologists and Radiation Therapists, to GS Chapter 90 to establish standards of education, examination, and licensure for persons operating equipment used for radiologic imaging and radiation therapy procedures. Defines terms applicable to Article 43. Prohibits, on or after October 1, 2014, any person from administering, offering to administer, or otherwise indicating that the person is licensed to administer radiologic imaging or radiation therapy procedures unless the person is licensed under Article 43. Exempts eight listed parties from Article 43. Creates an 11-member Radiologic Imaging and Radiation Therapy Board of Examiners (Board), with appointments and terms, as indicated. Directs the Board to establish licensure standards for a radiographer, radiation therapist, nuclear medicine technologist, cardiovascular invasive specialist, magnetic resonance technologist, and limited X-ray machine operator. Permits a person licensed under Article 43 to perform specified actions using radioactive substances or equipment emitting radiation and lists three limitations specifically related to the performance of computed tomography. Sets forth additional details related to Board meetings and administration. Enumerates 12 powers and duties of the Board.
Lists requirements for licensure for all applicants, and lists requirements specific to applicants for licensure in an area of radiologic imaging or radiation therapy and requirements specific to applicants for licensure as limited X-ray operators. Directs the Board to establish criteria, standards, and an approval mechanism for educational programs in radiologic imaging and radiation therapy. Requires that applicants pass a Board-approved examination, and directs the Board to accept persons currently registered by other boards, as specified. States that certain X-ray machine operators will take an exam administered by the American Registry of Radiologic Technologists. Details additional provisions for license issuance, temporary licenses, license renewal, and requires licensees to display licenses or a verified copy in each place of regular employment. Authorizes medical facilities and educational institutions to offer programs approved by the Board in applicable subject areas, provided certain guidelines are met.
Authorizes the Board to grant a license to a person licensed, certified, or registered to perform or administer radiologic imaging or radiation therapy procedures in another jurisdiction with substantially equivalent standards of competency. Directs the Board to set fees, as specified, and to pay all expenditures out of funds from the fees. Allows the Board to discipline applicants or licensees, after a hearing, under nine specified circumstances. Makes each violation of Article 43 a Class 1 misdemeanor. Authorizes the Board to apply to any appropriate court to enjoin violations of Article 43. Authorizes the Board to assess, after considering four factors, a civil penalty up to $1,000 for a violation of Article 43 or adopted rules, with proceeds remitted to the Civil Penalty and Forfeiture Fund.
Specifies that, for a period not to exceed two years after this act becomes effective upon payment of the proper fee, an individual providing documentation of employment for two of the preceding three years as a radiographer, radiation therapist, nuclear medicine technologist, magnetic resonance technologist, cardiovascular invasive specialist, or limited X-ray machine operator may be issued a license by the Board, without having to pass an examination. Requires the Board to adopt rules to provide a method for recognizing individuals whose training and experience are determined to be equivalent to that of a graduate of an accredited educational program in the area of specialty. Provides that any rules adopted by the Board expire seven years after the act becomes effective.

Establishes the eight-member Joint Legislative Study Commission (Commission) on the Use of Repairs and Renovations Funds by UNC to examine the way that the UNC System has used Repairs and Renovations allocated to the system in recent years. Specifies issues that must be examined. Provides for the appointment of Commission members, naming of chairs, filling of vacancies, and staffing. Requires the Commission to report to the 2014 Regular Session of the 2013 General Assembly. Requires UNC to furnish the Commission with any requested information. Effective July 1, 2013.

Enacts new GS 58-41-38, as the title indicates. Specifies when a criminal record is deemed nonmaterial. Applies to any commercial fleet vehicle policies written or renewed after July 1, 2013.

Identical to S 653 filed on 4/2/13.

Requires the Department of Transportation (DOT) to develop design and construction standards for greenways, bikeways, and other linear transportation projects not intended to accommodate mechanized vehicles by December 31, 2013. The DOT will use these standards in exercising any project approval and oversight required by the Surface Transportation Program of the Federal Highway Administration for greenways, bikeways, and other linear transportation projects not intended to accommodate mechanized vehicles that are built by a metropolitan planning organization member jurisdiction using direct attributable funds. Specifies other allowable uses.

The DOT will report its implementation of this act the Fiscal Research Division and to the Joint Legislative Transportation Oversight Committee prior to the convening of the 2014 Regular Session of the 2013 General Assembly.

To be summarized at a later date.

Amends GS 163-122 to replace the term "unaffiliated candidate" with "independent candidate." Also provides that the requirements in (a) apply to a qualified voter who is not affiliated with a political party and who seeks to have his or her name printed on the general election ballot as an independent candidate. Allows a person who qualifies as an independent candidate and receives no less than twice the number of votes as the number of signatures required for placement on the ballot for that election to qualify again for the ballot for the next election for that office by filing a petition for that status with only the candidate's signature required.

Amends GS 163-165.5, concerning the official ballot, to require the word "independent" to appear under the name of any candidate who has achieved ballot status under GS 163-122. Concerning party designations, requires the name of the party to be followed by the word "party."

Makes conforming changes, replacing "unaffiliated" with "independent" in GS 163-33, GS 163-45, GS 163-209, GS 163-296, and GS 163-299.

Effective with respect to elections conducted on or after January 1, 2014.

Amends GS 115D-58.15 to allow the board of trustees of a community college to use lease purchase or installment purchase contracts to purchase or finance the purchase of real property using non-state funds. Makes conforming changes to GS 115D-20. Effective July 1, 2013.

Amends GS 38A-2 to include in the term "recreational purpose" activities undertaken for sport, including equestrian recreation.

Amends the definitions in GS 99E-1 as follows. Adds to equine activity to exclude actions to preserve, maintain, or regulate the use of land for equestrian recreation. Amends equine activity sponsor to exclude a landowner who allows equine recreation activities on the property. Adds a definition for equine recreation.

Enacts new GS 99E-4 making the liability of a landowner for injury or death associated with participation in equine recreation activities subject to the limitations in GS 38-4. Amends GS 38-4 (limitation of liability) to provide that nothing in the statute is to be construed to conflict with or render ineffectual a liability release, indemnification, assumption, or acknowledgment of risk agreement between the landowner and a person who uses the land for education or recreational purposes. Amends GS 99E-2 (liability) to provide that nothing in the statute is to be construed to conflict with or render ineffectual a liability release, indemnification, assumption, or acknowledgment of risk agreement between an equine activity sponsor or an equine professional and a participant.

Amends GS 38A-3 to provide that for purposes of GS Chapter 38A (landowner liability), "charge" does not include (1) any contribution in kind, services, or cash contributed by a person, legal entity, nonprofit, or governmental entity other than the owner, whether or not sanctioned or solicited by the owner, the purpose of which is to pay expenses related to the use of land for a recreational or education purpose or (2) dues or fees charged by an individual, group, club, partnership, corporation, or governmental entity sponsoring the educational or recreational use when the sponsor is operating as a nonprofit and the dues or fees are used to pay expenses related to the educational or recreational use or to raise funds to support the sponsor's mission.

Enacts new GS 38A-5 to require awarding the prevailing defendant attorneys' fees for the successful defense of any civil action brought against a landowner seeking damages for injuries or death caused by use of the landowner's property for educational or recreational purposes.

Applies to civil actions filed on or after October 1, 2013.

To be summarized.

Amends GS 87-43.1, as title indicates.

Identical to S 565, filed 4/1/13.

Amends GS 15A-622 (Formation and organization of grand juries; other preliminary matters), enacting  new GS 15A-622(i), which contains five categories of crimes that can be the basis for convening an investigative grand jury, including violations of GS 14-254 (malfeasance of corporation officers and agents) and a violation of GS 14-90 (embezzlement of property received by virtue of office or employment). Makes conforming changes.

Establishes that the Office of the General Administration of the University of North Carolina will study whether law schools at North Carolina's public universities should offer classes and clinics for the training of future prosecutors. Requires the findings and recommendations of the study to be reported to the General Assembly and to the Joint Legislative Education Oversight Committee on or before April 1, 2014.

Identical to S 456, filed 3/26/13.

Enacts new GS 131E-78.5 to prohibit a hospital from advertising or holding itself out as a primary stroke center unless the Department of Health and Human Services (DHHS) has designated it as such. Requires DHHS to designate a hospital as a primary stroke center if DHHS is satisfied that it is certified as a primary stroke center by the Joint Commission or some other nationally recognized accrediting body requiring conformance to best practices for stroke care. Requires hospitals designated as primary stroke centers to coordinate appropriate care with other licensed hospitals through a formal written agreement and includes issues to be addressed in the agreement. Requires DHHS to keep a list of the primary stroke centers, post the list on the DHHS website, and provide the list to emergency medical service providers annually. Allows DHHS to suspend or revoke a designation as a stroke center, and hospitals may contest any adverse actions by DHHS on the primary stroke center designation. Provides that the statute is not to be construed to (1) establish a standard of medical practice for stroke patients or (2) restrict the authority of any hospital to provide services authorized under its hospital license. Effective October 1, 2013.

Identical to S 18, filed 1/30/13.

Amends GS 74F-3 by forbidding any person from possessing any locksmith tools, as defined by GS 74F-4(6), unless the person is licensed as a locksmith under GS Chapter 74F or exempted from the provisions of GS Chapter 74F. Requires licensure for persons providing locksmith services in buildings containing confidential records. Makes the first violation a Class 1 misdemeanor, and any subsequent violation a Class I felony (currently, all violations considered Class 3 misdemeanor).

Rewrites GS 74F-4 to include the term "safes" in the definition of Locksmith servicesand further expands the definition to include any method of bypassing a locking mechanism of any kind, whether in a commercial, residential, or automotive setting, for compensation. Amends GS 74F-6 by expanding the power of the NC Locksmith Licensing Board (Board) by allowing the Board to obtain certain records of a person or company offering locksmith services, including employees, contractors, and subcontractors. Increases various fees under GS 74F-9. Adds a provision to GS 74F-10(b) allowing the Board, in its discretion, to adjust renewal and reinstatement fees if an applicant whose license has expired can show good cause for such license expiration. Rewrites GS 74F-12(b) to require that all advertisements for locksmith services include a valid license number issued by the Board. Rewrites GS 74F-15 by adding a new subsection that grants the Board power to assess the costs of disciplinary action, including attorneys' fees, against an applicant or licensee found to be in violation of GS Chapter 74F or rules adopted by the Board. Amends GS 74F-16 by rewriting, adding, or clarifying various entities exempted from GS Chapter 74F. Makes other technical and conforming changes.