Amends GS Chapter 47C (North Carolina Condominium Act) and GS Chapter 47F (North Carolina Planned Community Act), providing that associations or unit owners' associations that have annual assessments for common expenses of $100,000 or more must obtain and maintain a fidelity bond that insures the association against losses resulting from theft or dishonesty by the officers, members, or employees of the association. Coverage will be in the amount of at least $1 million and the bond will be obtained on behalf of the association by the executive board.

Provides that management agents or companies hired by an association or unit owners' association must be covered at all times by a fidelity bond. Sets out the process to determine who is a management agent or company for the purposes of this section. Provides that a management agent or company is any person who, for compensation or the expectation of compensation, performs two or more of six specified activities, including preparing budgets, financial statements, or other financial reports for an association or unit owners' association or collecting, disbursing, or otherwise exercising dominion or control over money or other property belonging to an association or unit owners' association. Coverage provided must be at a minimum of $1 million and the bond is required to comply with specified conditions, including but not limited to, being written by an insurance company authorized to write fidelity bonds in North Carolina, covering the association's or unit owners' association manager and all or a portion of the employees, and protecting all or a portion of the association funds in custody of the manager or employees.

Provides that an annual independent financial audit will be required if the association or unit owners' association has annual assessments for common expenses of $250,000 or more. The audit, if required, must be completed no later than one year after the end of the association's fiscal year and will be made available to unit or lot owners within 30 days after its completion.

Makes conforming changes to the applicability section of GS Chapters 47C and 47F.

Effective July 1, 2013.

 

 

Provides that the funds of the Site Infrastructure Development Fund can be used only for site development, in accordance with GS 143B-437.02 (previously, funds could also be used to acquire options and hold options for the purchase of land in accordance with GS 143B-437.02(m)). Amends GS 143B-437.02(c) (Definitions), providing a new definition for the term site development and also setting out and defining the terms subsidized loan and economic development commission.

Amends GS 143B-437.02(d) (Eligibility), providing that in order to be eligible for consideration for site development for a project, a local government unit must execute a written agreement with the state which includes:

(1) A requirement that the unit obtain from a business leasing or purchasing property acquired or improved by a subsidized loan an agreement to meet performance criteria that protects the state's investment and secures the benefits anticipated by the lease or sale to the business.

(2) A requirement that any performance criteria used by the unit include, at a minimum, the creation and maintenance of an appropriate level of employment by the business leasing or purchasing property acquired or improved by a subsidized loan and any other criteria the Department of Commerce (Department) considers appropriate.

(3) A requirement that the unit repay any portion of a subsidized loan reduced for job creation if the business leasing or purchasing property acquired or improved by a subsidized loan fails to meet the performance criteria.

(4) A requirement that the unit enter into an agreement with a business leasing or purchasing property acquired or improved by a subsidized loan, whereby the business agrees to reimburse the unit for any amount of repayment required by subdivision (3) of this subsection and agrees to structure the lease or sale as a conditional grant, revocable lease, or otherwise include terms permitting liquidated damages.

(5) A requirement that the unit enter into an agreement with a business leasing or purchasing property acquired or improved by a subsidized loan, whereby the business agrees to meet the requirements of subsections (e) through (g) of this section.

(Previously, to be eligible for consideration, the only requirements were that a business had to invest at least $100 million of private funds in the project and employ at least 100 new employees).

Makes technical and conforming changes to GS 143B-437.02(e), (f), (g), and (h). Provides that the Department must administer the selection process of the projects to receive site development, in consultation with the NC Rural Economic Development Center Inc. Amends the application evaluation step to require the Department to consider eight specified factors, including, but not limited to, the project's impact on gross regional product and gross state product, the extent to which the project impacts an existing industrial cluster, and the long-term prospects for growth at the project site or sites (previously, the Economic Investment Committee evaluated the different applications and specified criteria). Deletes the requirement that there be a finding that the affected local governments have participated in a recruitment and offered incentives in a manner appropriate to the project. Provides that the Secretary of Commerce (was, the Department), after the project is approved as being eligible and appropriate for site development, will enter into an agreement to provide site development with available funds for the project.

Sets out the requirements associated with a subsidized loan and the processes and procedures for repayment. Requires the Department to remit payments made pursuant to a subsidized loan to the State Community College System. Provides that, in order to ensure that public funds are used only to carry out public purposes, the Department will require each local government unit that leases or sells property improved by a subsidized loan to obtain an agreement from the acquiring business to meet performance criteria to protect the state's investment (previously, this section set out specified performance criteria which were required to be in the agreement; these requirements are now abolished).

Requires the Department, as part of the monitoring and reporting of the Infrastructure Development Program, to report to the Joint Legislative Commission on Governmental Operations on the status of any property sold or leased to a business.

Deletes GS 143B-437.02(m) regarding options and hold options for the purchase of land, which is no longer a permitted use of the funds from the Site Infrastructure Development Fund.

Makes technical and conforming changes throughout.

Appropriates an unspecified amount from the General Fund to the Commerce Finance Center for 2013-14.

States the General Assembly's intent to make annual appropriations to the act and for the Golden Leaf Foundation to allocate at least 15% of its annual receipts to a loan program to comport with the program in the act.

Effective when it becomes law, applying to site development agreements entered into on or after that date.

 

 

 

 

Creates new Article 17A, Healthy Schools, in GS Chapter 115C.

Healthy Schools Fund. Establishes the Healthy Schools Fund (Fund) as a nonreverting fund administered by the State Board of Education (SBoE) and funded by annual appropriations. Requires the Fund to be used as follows: (1) to provide additional funding for healthy school meals, the SBoE must reimburse public schools as follows: a. 10¢ for each breakfast meal served that meets specified requirements, b. 10¢ for each lunch meal served that meets the requirements of GS 115C-270.4 and GS 115C-270.5; (2) to eliminate the reduced price co-payment, SBoE must reimburse public schools 40¢ for each lunch served to students who qualify for reduced price meals; (3) to provide resources to implement the school breakfast program, for the 2013-2014 school year, the SBoE must provide $7 per student to public schools in which more than 40% of students qualify for free or reduced price meals; (4) to encourage schools to serve local foods, the SBoE must provide an additional 5¢ per lunch meal reimbursement to public and public charter schools when at least one component of a reimbursable lunch meal is comprised entirely of locally grown and unprocessed foods; (5) to increase physical activity in schools, the SBoE must make grants available through a competitive process to public and public charter schools, provided that schools must meet the requirements of GS 115C-270.14 and seek to increase the amount of physical activity in which their students engage; and (6) to support school gardens, the SBoE must make grants available through a competitive process to public schools and other organizations.

School Nutrition. Requires breakfast and lunch to meet or exceed the federal nutritional standards in applicable state and federal law. Also requires breakfast and lunch served to students in public schools to meet or exceed specified nutritional and serving requirements. Requires public schools to offer free breakfast to all students and provides additional requirements for schools where more than 40% of the students qualify for free or reduced price meals. Also requires schools to not charge students for meals if the student qualifies for reduced price meals, provide meals meeting the dietary needs of children diagnosed with medical conditions, solicit input from specified entities on nutritious meals that appeal to students, promote healthy eating, provide at least 30 minutes for children to eat lunch, and participate in federal nutritional and commodity foods programs when possible. Encourages providing cold, filtered water when meals are served. Requires each local school administrative unit to establish a central kitchen. Requires food service providers to provide specified information to public schools and requires public schools to inform parents and students of that same information, as well as the information that vegetarian food options and milk alternatives are available. Requires all beverages and snack foods provided by or sold in public schools, whether through vending machines, fund raisers, snacks, after school meals, or other means, to meet the requirements of the Healthier US School Challenge program at the Gold Award Level. Provides exceptions. Prohibits third parties, other than school related organizations and school meal service providers, from selling food or beverages to students 90 minutes before school until 90 minutes after the school day ends. Allows for a penalty, after the first warning, of $500 per day, paid to the Fund. Requires the Healthy Youth and Schools Commission to review school nutrition and the Article's requirements at least every three years and recommend improvements to the SBoE.

Farm to School Program. Requires schools to serve locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture whenever possible, with preference given to products grown in the state or in contiguous states. Requires the Department of Public Instruction, in conjunction with the Department of Health and Human Services (DHHS), the Department of Agriculture and Consumer Services, and other entities to develop programs to promote locally grown and unprocessed foods from growers engaged in sustainable agriculture. Requires the SBoE to report to the General Assembly, by September 30 each year, on the farm-to-school initiatives.

Physical and Health Education. States the goal of children engaging in physical activity for 60 minutes each day; requires public and public charter schools to promote this goal. Specifies means thorough which physical activity is to be maximized. Establishes physical education requirements for students in kindergarten through fifth grade and sixth through eighth grade. Also establishes health education requirements for students in kindergarten through eighth grade. Requires adapted physical education for students with disabilities and prohibits requiring or withholding physical activity as punishment. Requires the SBoE to report to the General Assembly, by September 30 each year, on issues concerning the physical and health education requirements.

Environment. Establishes an environmental programs office in the Department of Public Instruction (DPI) to perform specified duties, including contracting with vendors to recycle all materials required by law at all public schools, develop a master recycling plan, and test drinking water in public schools for lead and promptly take any required remedial action. Requires local school administrative units to use environmentally friendly cleaning supplies and prepare a plan to use sustainable products in serving meals to students on or before December 31, 2013. Requires the SBoE, on or before December 31, 2013, to prepare and transmit to the General Assembly a report on the implementation of recycling, composting, energy reduction, pest management, air quality, and environmentally friendly cleaning supplies programs. Requires DPI, in conjunction with the Department of Environment and Natural Resources, to develop an environmental literacy plan. Establishes a School Gardens Program within DPI to perform specified functions, including establishing a Garden Advisory Committee, providing schools with horticultural guidance and technical assistance, and coordinating curricula for school gardens. Requires the program to issue a report about school gardening in the state, plans for expanding them, and recommendations for approval by June 30, 2014. Allows, when tests show the soil is safe and produce is safely handled, for produce grown in school gardens to be served to students. Also allows the sale of the produce.

Health and Wellness. Requires local school administrative units to collaborate with specified entities to develop a comprehensive local wellness policy, revised every three years. Requires the policies to include goals for improving environmental sustainability of schools, increasing the use of locally grown, locally processed, and unprocessed foods from growers engaged in sustainable agriculture, and increasing physical activity. Also requires schools to report to DPI, by January 15 of each year, on specified issues concerning health programs, nutrition programs, physical and health education, and wellness policy. Provides for sharing of the information. Requires DHHS, in conjunction with local school administrative units, charter schools, and DPI, to develop a plan to establish and operate school health centers in public and public charter schools by December 31, 2018. The plan must include (1) a needs assessment to determine where school health centers must be located and (2) a proposal for financial sustainability for the centers. Requires the plan to be submitted to the General Assembly by December 31, 2013.  Prohibits the size of a nurse's suite from being a determining factor as to whether or not a nurse is placed at a public charter school.

Healthy Youth and Schools Commission. Establishes the 13-member Healthy Youth and Schools Commission (Commission) to advise the SBoE and the General Assembly on the health, wellness, and nutritional issues concerning youth and schools in the state. Specifies the Commission's functions and requires a report to the SBoE by September 30 of each year. Provides that members serve three-year staggered terms and provides for appointment, naming of chairs, and rules of procedure.

Green Cleaning Supplies. Requires all elementary and secondary public and nonpublic schools with 50 or more students to, when economically feasible, establish a green cleaning policy and purchase and use environmentally sensitive cleaning products. If adopting such a policy is not economically feasible, requires annual notification of such to the Commission. Requires specified entities, including the Commission, to establish guidelines for environmentally sensitive cleaning products. Allows a school to deplete its existing cleaning and maintenance supply stocks and implement the new requirements for the following school year. Provides that no state funds are to be appropriated to implement these requirements.

Enacts Part 4 in Article 37 of GS Chapter 14 authorizing and regulating "game nights" held by nonprofit organizations. A nonprofit organization operating a game night must first obtain a permit by submitting an application with complete information including a $250 fee to either the central office or district office of the Alcohol Law Enforcement Section of the Department of Public Safety. Nonprofit organizations are prohibited from operating more than four game night events per year and each event must not exceed 5 hours. Regulates the timing of the events. Limits the costs of prizes and expenses to 50% of the event proceeds. Cash prizes are prohibited and games are limited to roulette, blackjack, poker, craps, keno, and merchandise wheel of fortune. Violations of game night regulations constitute gambling.

Amends GS 18B-1000 defining a qualified facility as a facility that has an on-premises malt beverage permit, an on-premises unfortified wine permit, and on-premises fortified wine permit, or a mixed beverage permit.

Enacts GS 18B-1010 authorizing simulated game nights at qualified facilities. Allows serving and selling alcohol at game nights. Also prohibits a qualified facility from hosting a game night if the qualified facility has been convicted of any ABC violation or its permits have been suspended or revoked within the past 2 years. A qualified facility or exempt organization that violates this section is guilty of a Class 2 misdemeanor and game nights are disallowed for one year.

Requires the Department of Public Safety to report to the 2017 Regular Session of the General Assembly on game night permits.

Effective October 1, 2013.

Requires a study as the title indicates. Specifies that the Environmental Review Commission (ERC) specifically consider sanitary districts, water and sewer authorities, metropolitan water districts, county water and sewer district, and similar organizations providing water or sewer service in the state. Requires the ERC to determine whether, how, and to what extend the number of statutory model should be reduced and consolidated. Requires a report to the 2013 General Assembly when it convenes in 2014.

Requires the Department of Agriculture and Consumer Services to study the system for promotion of tobacco and assessment of farmers in GS Chapter 106, Article 50C. Requires a report to the Joint Legislative Oversight Committee on Health and  Human Services on or before January 1, 2015.

Establishes the ten member Study Committee on Coal Ash Disposal to study the scope of potential problems with coal ash disposal in the state and the need for clarification and expansion of the requirements for monitoring, permitting, and inspection combustion products landfills an structural fill facilities to protect public health and the environment, and to study corrective action for existing combustion products surface impoundments and the financing of corrective actions. Provides for appointing members, naming chairs, and staffing. Allows an interim report to the 2013 Regular Session of the General Assembly when it reconvenes in 2014 and terminates the Committee upon the filing of its final report, or the convening of the 2015 Regular Session of the General Assembly, whichever is earlier.

Repeals GS Chapter 7A, Article 40A (NC Courts Commission). Amends GS 120-70.94, expanding the subject of the study to include the budget, programs, and policies of the Judicial Department. Also directs the Joint Legislative Oversight Committee on Justice and Public Safety to study the needs of the Judicial Department as well as the structure, organization, jurisdiction, and personnel of the courts to determine ways in which the General Assembly can make legislative changes  to improve the administration of justice. Effective July 1, 2013.

Amends GS 7A-142 requiring a vacancy in the office of district judge be filled for the unexpired term by appointment of the Governor. All other exemptions and provisions in this section are deleted.

Amends GS 7A-146(b) requiring utilization of magistrates for traffic court and other administrative matters to allow district court judges more availability for specialized cases and other matters more suited to the expertise of a district court judge. Applies to cases assigned on or after July 1, 2013.

Amends Section 23 of Article II of the NC Constitution as title indicates for all laws creating new taxes or increasing existing taxes. Excludes from the supermajority requirement laws repealing or restricting specific tax preferences and laws permitting local taxing units to levy specific taxes. Requires the proposed amendment to be submitted to the voters in the November 2014 election.

 

Enacts new GS 115C-375.2A to require local boards of education to provide a supply of emergency epinephrine auto-injectors (pen), with at least two for use in on school property and at school-sponsored events. Requires the principal to designate personnel to receive initial training and annual retraining on the storage and use of the pens. Also requires the principal to collaborate with school personnel to develop an emergency action plan for using the pens in an emergency. Specifies components to be included in the plan. Prohibits the emergency supply from being used as a medication supply for students known to have conditions requiring the use of the pens. Provides protection from liability, except in cases of gross negligence, wanton conduct, or intentional wrongdoing. Applies beginning with the 2013-14 school year.

 

Amends GS 95-25.2 modifying the format of the definitions section and adding subsection (5b) defining employment status, subsection (8a) defining intentional, and subsection (16a) defining willful.

Amends GS 95-25.13(1) requiring only written (not oral) notification to employees at the time of hiring and upon any material change of (1) the promised wages and basis upon which wages will be calculated; (2) the method, day and place for payment; (3) the full name, mailing address, and telephone number of the employer and the federal and state tax identification number of each employer who is not a natural person; and (4) the employment status of the employee.

Amends GS 95-25.22 requiring the court to award liquidated damages in an amount equal to twice the amount found to be due to an employee when the employer has violated provisions relating to minimum wage, overtime, or wage payment unless the employer shows the act or omission constituting a violation was in good faith and the employer had reasonable grounds for believing the act or omission was not a violation of this article.

Amends GS 95-25.22 adding subsection (a2) clarifying liability of an employer found in violation of GS 95-25.13 to be in the form of actual damages, including but not limited to lost wages and benefits plus interest.

Amends GS 95-25.22 adding subsection (a3) expanding the forms of damages available to employees to include statutory damages of up to $500 per employee per violation.

Amends GS 95-25.22(d) to require awarding costs and fees and attorneys' fees in addition to a judgment awarded to a plaintiff.

Amends GS 95-25.22 adding an exception to the statute of limitations for actions arising out of a willful violation. Such actions may be brought within three years. Actions may also be brought within one year after notification to the employee of final disposition by the state of a complaint for the same violation.

Amends GS 95-25.23 expanding civil penalties to include violations of provisions relating to minimum wage, overtime, youth employment, wage payment, or notification.

Enacts GS 95-25.23D entitling an employee to enumerated liens for the purpose of wage claims and collections under this Article and outlining perfection and priority of liens. Liens recorded pursuant to subsection (f) take precedence over all other debts, decrees, liens, or mortgages against the employer. A successful action to foreclose a lien pursuant to this section entitles the employee to court costs and reasonable attorney's fees. Provides further regulations of the liens.

Amends GS 18B-1001 to provide that on premises and off premises malt beverage permits and wine shop permits, authorize the sale of malt beverages in a sanitized, resealable container that can hold up to 64 ounces and is filled and sealed for consumption off of the premises.

Enacts new GS 115C-419 to authorize the State Board of Education (SBE) to allocate educational funds to private psychiatric residential treatment facilities (PRTF) from within the funds appropriated to the SBE and the Department of Public Instruction (DPI). Defines PRTF to mean a private psychiatric residential treatment facility licensed by the Department of Health and Human Services (DHHS)and approved by DPI to provide special education and related services. Specifies how funds are to be allocated to PRTFs. Directs the SBE and DPI to develop policies that facilitate effective communication between PRTFs and local school administrative units (LEAs) to ensure orderly transition of students to and from PRTFs. Effective July 1, 2013.

Effective October 1, 2013, amends GS 108A-80 adding a new subsection (b1) to add a second exception (current subsection (b) also provides an exception)to the confidentiality of records provisions of this section, authorizing DHHS to share confidential information with a local education agency and DPI concerning a person receiving public assistance or social services. Limits disclosure to information necessary to facilitate providing an appropriate educational program for the person receiving assistance.

Adds a new subsection (b) to GS 122C-23.1to requirethat all PRTFs serving children with disabilities as defined in GS 115C-106.3 and children eligible under GS 115C-366to attend public schoolsmust have a facility-based school as a condition of licensure. Provides details on the licensing requirements and the roles of DHHS and DPI in the issuance of the license. Makes a clarifying change to subsection (c) and makes organizational changes. Amends GS 122C-55, adding new subsection (g2) to provide that when there is a reason to believe that the client of a residential facility is eligible for educational services through a governmental agency, the facility is required to disclose client identifying information tothe LEA responsible for the client and DPI, limiting that disclosure to information necessary to provide educational services to the client. Allows DPI to disclose identifying information to any other LEA DPI designates as the client's LEA while the client resides in the facility. Effective October 1, 2013.

As title indicates.

Establishes Commission to Study the Provision of Exceptional Children's Services in the North Carolina Public Schools (Commission). The Commission is to include twelve members, six to be appointed by the Speaker and six to be appointed by the President Pro Tempore. Directs the Commission to review all aspects of exceptional children's services and recommend ways to limit reporting requirements and compliance measures for local units. Directs the Commission to report findings no later than March 15, 2014, and terminates the Commission upon filing of the report.

Establishes the Division of Deaf Education (Division) within the Department of Public Instruction (Department). Directs the director of the Division to establish the administration for the Division at the residential schools for the deaf and hearing-impaired. The director will also act as the program administrator for one of the schools.  Provides that the Division will have the powers and duties as provided in GS Chapter 115C, Article 9, Part 1D.

Repeals GS Chapter 143B, Article 3, Part 30 (State Schools for Hearing‑impaired Children).

Amends GS Chapter 115C, Article 9, providing for new Part 1H (Residential Schools for Deaf and Hearing-Impaired Students) and Part 1I (Residential School for the Visually Impaired).

Part 1H (Residential Schools for Deaf and Hearing-Impaired Students).

Establishes the following schools for students who are deaf and hearing impaired: the Eastern North Carolina School for the Deaf at Wilson (K-12) and the North Carolina School for the Deaf at Morganton (K-12). The Division will be responsible for the governance of these schools and will provide oversight for the Early Intervention Program for Children Who Are Deaf or Hard of Hearing. Provides that the Division can consider for admission any children who are deaf, hearing-impaired, or deaf/multidisabled and meet specified criteria in accordance with state laws and regulations.  Provides that eligible nonresident children can be admitted to the schools if the admission does not prevent the attendance of an eligible resident student. However, only resident children can receive free tuition and room and board.

Directs the Division to provide unique instructional programs which meet the needs of all the students admitted to the school and to lobby the state to provide modern equipment and supplies needed to provide the best educational conditions as possible. Additionally, the Division is required to meet certain educational related standards including but not limited to providing for a comprehensive vocational  and technical training program as directed in the transition component of a student's IEP.

Part 1I (Residential School for the Visually Impaired).

Establishes the Governor Morehead School for the Blind, with the Division of  Curriculum and Public Instruction responsible for the governance of the school. Provides that the Division of Exceptional Children can consider for admission any children that are visually impaired or visually impaired/multidisabled and meet specified criteria in accordance with state laws and regulations. Provides that eligible nonresident children can be admitted to the schools if the admission does not prevent the attendance of an eligible resident student. However, only resident children can receive free tuition and room and board.

Directs the Division of Exceptional Children to provide unique instructional programs which meet the needs of all the students admitted to the school and to lobby the state to provide modern equipment and supplies needed to provide the best educational conditions as possible. Additionally, the Division of Exceptional Children will meet, at the minimum, the following educational related standards: (1)maintain a collaborative relationship with institutions of higher education to provide teacher training opportunities and (2) provide for a comprehensive vocational  and technical training program as directed in the transition component of a student's IEP.

Amends GS 143B-146.1(b), the definitions section for Part 3A., Education Programs in Residential Schools, providing that a participating school is now defined as a residential school except as otherwise provided in GS Chapter 115C, Article 9, Parts 1H and Parts 1I. Deletes the term superintendent and its definition.

Amends GS 143B-146.2(a), making conforming changes, deleting language that states that the Governor Morehead School and the schools for the deaf will participate in the ABC's Program.

Amends GS 143B-146.8(f) and GS 143B-146.15, making conforming changes.

Amends GS 143B-146.21 (Policies, reports, and other miscellaneous provisions), making conforming changes, deleting language related to the provision of sign language training, as this is now provided for in the new sections of the act as established above.

Repeals subsection (e) of Section 10.21A of SL 2012-31.

Provides that the State Board of Education will reorganize staffing of the residential schools, eliminating the position of the Executive Director of Residential Schools and providing that one of the directors from the residential schools for the deaf and hearing-impaired will be appointed the director of the Division of Deaf Education.

Adds new subdivision GS 18B-1105(4) to allow a specified licensed distillery to sell spirituous liquor distilled at the distillery, in closed containers, to consumers who participate in tours of the distillery, to be consumed off the premises of the distillery. Restricts such sale practices to those distilleries (1) located in an area where the establishment of an ABC store has been approved under GS 18B-602(g)and (2) which hold tours of the distillery and its full operation as a regular course of business. Provides that retail sales of spirituous liquor under proposed subdivision (4) is subject to the provisions of GS 18B-802 and that the spirituous liquor must be sold at the price setby the the Alcoholic Beverage Control Commission for that brand of liquorand include all applicable excise and sales tax.Requires that all excise and sales tax be remitted by the permit holderto the Department of Revenue. Distinguishes between prearranged tours of the distillery and walk-in tours, selling hours and days when sales of spirituous liquor may be sold based on whether the tour is prearranged or a walk-in tour. Sets limits for the amount of spirituous liquor that may be sold in a single business day to a distillery patron. Directs theABC Commission toadopt rules regulating the retail sale of spirituous liquor at distilleries. Effective October 1, 2013.

Identifies each state-recognized North Carolina tribe as an American Indian Tribe with a recognized tribal governing body carrying out and exercising substantial governing duties and powers similar to the state and also eligible for special programs and services provided by the United States in the following statutes: GS 71A-3, GS 71A-4, GS 71A-6, GS 71A-7, GS 71A-7.1, and GS 71A-7.2.

Enacts new GS Chapter 99F, Job and Education Privacy Act, preventing employers and colleges from requiring individuals to disclose access information for social media and personal electronic mail accounts and prohibits related acts. It is unlawful to take retaliatory action against any individual for that individual's refusal to disclose information protected by this chapter. There are several enumerated exceptions identifying specific scenarios in which this chapter would not apply.

Enacts new Article 24, NC Toxic-Free Kids Act, to GS Chapter 130A to prohibit, beginning July 1, 2015, manufacturers, wholesalers, and retailers from manufacturing, knowingly selling, or distributing for sale or usea children's product that contains (1) Bisphenol A, (2) Phthalates at more than .10 percent by weight, or (3) TRIS in amounts greater than 50 parts per million in a component. Defines children's product, chemical, and additional terms used in the Article. Defines the term chemical of high concern and directs the Department of Environment and Natural Resources (DENR) and the Division of Public Health (Division) in the Department of Health and Human Services to generate a list of such chemicals to be reviewed and revised every three years. Authorizes designation of priority chemicals, which are chemicals of high concern that meet one of the specified conditions, and requires DENR to publish by May 1, 2014, a list of priority chemicals in the North Carolina Register and on the DENR website. Requires a manufacturer of a children's product that contains a priority chemical to file annual notice with DENR, beginning November 1, 2014. Defines alternative as a substitute process or product that serves a functionally equivalent purpose to a chemical in a children's product. Provides that an alternatives assessment must identify alternatives that reduce or eliminate the use of and potential for exposure to the chemical and requires each assessment to include certain items and address specified requirements. Sets out a schedule, with various start dates based on the chemical, to require manufacturers to submit alternative assessments to DENR for children's products. Exempts manufacturers with annual gross sales of less than $5 million from the assessment requirement. Makes the proposed Article 24 effective December 1, 2013.

Directs DENR and the Division to report to the General Assembly by January 1, 2016, on the required notices and alternatives assessments.

Includesa number of "whereas" clauses setting out policy reasons in support of this legislation.

As title indicates. Effective December 1, 2013.

Modifies the allotment formula for small school system supplemental funding to each county school administrative unit with a daily membership of fewer than 4,080 students. The allocation formula must (1) round all fractions of positions to the next whole position, (2) provide 5.5 additional regular classroom teachers in certain counties, (3) provide additional program enhancement teachers adequate to offer the standard course of study, (4) change the duty-free period allocation to 1 teacher assistant per 400 average daily membership, (5) provide a base for the consolidated funds allotment of $717,360 for the 2013-14 and 2014-15 fiscal years, and 6) allot vocational education funds for grade 6 as well as 7-12. Includes a phase-out provision for those units that become ineligible because of population increase. Require the State Board of Education to report to the Joint Legislative Education Oversight Committee by May 1, 2014, if it determines counties have supplanted funds. Encourages local boards to use at least 20% of the funds to improve the academic performance of children performing at Levels I or II on reading or math end-of-grade tests in grades 3-8.

Directs the Joint Legislative Education Oversight Committee (Committee) to study other education funding formulas and make recommendations to the General Assembly on (1) revamping funding formulas to reward high performance, (2) reweighting the formulas for allotting funds to low-wealth counties, and (3) adjusting average daily membership four times a year to accurately reflect the number of students in each local school administrative unit. The Committee must report its findings to General Assembly when it reconvenes in 2014.

Effective July 1, 2013.

 

Amends the definition of abused juveniles in GS 7B-101 to include a juvenile less than 18 years old whose parent, guardian, custodian, or caretaker commits or allows to be committed an offense of human trafficking, involuntary servitude, or sexual servitude against the child.

Amends GS 14-43.11 (Human trafficking), GS 14-43.12 (Involuntary servitude), and GS 14-43.13 (Sexual servitude), establishing that a mistake of age or consent of a minor is not a defense to prosecution for offenses committed under these sections.

Enacts new GS 14-43.20 (Mandatory restitution; victim services; forfeiture), providing that restitution is mandatory under this article for a victim. For the purposes of this section a "victim" is an individual subjected to the practices set out in  GS 14-43.11, GS 14-43.12, or GS 14-43.13. Provides that in addition to any other amount of loss identified, the court will order restitution including the greater of: (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law.

Provides that the Department of Health and Human Services can provide or fund emergency services and assistance to those who are victims of offenses under GS 14-43.11, GS 14-43.12, or GS 14-43.13. Also includes a certification clause requiring that the Attorney General, a district attorney, or any law enforcement official will certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this article for a violation of GS 14-43.11, GS 14-43.12, or GS 14-43.13 has begun and the individual who is a likely victim of one of those crimes is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible, to qualify for an appropriate special immigrant visa and to access federal benefits. Cooperation with law enforcement is not required of victims who are under 18 years of age. This certification will be made available to the victim and the victim's designated legal representative. Provides that specified property forfeiture provisions are applicable.

Enacts new GS 14-208.1 to prohibit prosecuting a minor for a violation of Article 27 (Prostitution) of GS Chapter 14. Provides that minors suspected of or charged with prostitution are subject to specified temporary protective custody provisions. Requires a law enforcement officer to immediately report an allegation of a violation of GS 14-43.11 (human trafficking) and GS 14-43.13 (sexual servitude) to the director of the county department of social services, which must commence an initial investigation into child abuse or child neglect within 24 hours.

Enacts new GS 15A-145.6 (Expunctions for certain defendants convicted of prostitution), providing the terms and definitions to be used in this section, including prostitution offense and violent felony or violent misdemeanor. Allows a person who pleads guilty or was found guilty of a prostitution offense to file a petition in court, where the conviction occurred, for expunction of the offense provided that they meet the following criteria:

(1) The person has not previously been convicted of any violent felony or violent misdemeanor under the laws of the United States or the laws of this state or any other state.

(2) The person satisfies any one of the following:

a. The person's participation in the prostitution offense was a result of  having been a trafficking victim under GS 14-43.11 (human trafficking) or GS. 14-43.13 (sexual servitude) or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)). b. The person was less than 18 years old at the time that the person committed the offense.

Petition may not be filed earlier than three years after serving the full sentence. Provides the rules for filing such petitions and what they must state and contain in order to be considered. The petitions are to be served on the district attorney (DA) of the convicting court. The DA has 30 days thereafter to file any objection. The DA must make his or her best effort to contact the victim in order to notify the victim of the expunction request.  Provides the specified steps and issues that will be followed by the court in rendering a decision on the petition. Orders the court to restore the person to the status occupied prior to the  arrest or indictment if the court finds specified requirements are met, including, but not limited to, the petitioner has no outstanding warrants or pending criminal cases and the criteria set out in subsection (b) of this section are satisfied.  Provides other effects and requirements that must take place after a petition for expunction is granted (for example, the court will order that the conviction of the prostitution offense be expunged from the records of the court and direct all law enforcement agencies to do the same).

Amends GS 15B-2 (Definitions) of Article 1 (Crime victim's compensation act), adding the following classification to the definition of a claimant--"a person who was convicted of a first offense under Article 27 and whose participation in the offense was a result of having been a trafficking victim or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act." Also provides that a claimant cannot be the offender or an accomplice of the offender, except as provided in sub-subdivision (e) of this subdivision (previously, no language referring to sub-subdivision (e) was included).

Enacts GS 115C-12(41), providing that the State Board of Education, in collaboration with the Division of Social Services, in order to provide awareness and training materials on human trafficking, will provide awareness and training materials for local boards of education on human trafficking, including strategies for the prevention of trafficking.

Enacts GS 115C-47(61), providing that local boards of education must obtain resource information on human trafficking and materials for distribution that describe local, state, and national resources in which strategies for the prevention of trafficking of children can be found.

Enacts GS 143B-153(9), providing that the Department of Health and Human Services (DHHS) must establish a single, statewide toll-free telephone number to be used as a central hotline for reporting suspected cases of human trafficking. DHHS will also work with the county departments of social services to establish hotlines for reporting cases of human trafficking.

Effective December 1, 2013.

Amends GS 143-64.31, expanding the types of services intended to be contracted out, as a matter of state public policy, to now also include design-build services and public-private partnership construction services. Makes conforming changes.

Amends GS 143-64.32, deleting subsection (b).

Amends GS 143-128(a1), adding subsections (6) and (7) expanding the list of authorized construction methods for which the state, a county, a municipality, or other public body must award contracts to erect, construct, or repair buildings to include design-build contracts and public-private partnerships construction contracts.

Enacts GS 143-128.1A authorizing design-build contracts, enumerating criteria for determining an appropriate design-build method, and requiring public notice of information about a government project for the purpose of fair and open competition. Sets out further design-build reqirements.

Enacts GS 143-128.1B regulating contracts for capital improvement projects undertaken by a government entity and a private developer. The contract may provide that the private developer must be responsible for (1) construction of the entire public-private project, (2) reconstruction or repair of the public-private project or any part thereof subsequent to construction, (3) construction of any addition to the project, (4) renovation of the project, and (5) purchase of equipment for the project. A private developer and its contractors are required to make a good faith effort to recruit and select minority businesses for participation in contracts. Specifies bonding requirements. A cause of action exists for any claimant who performed work under a contract, has not been paid for that work, and 90 days has expired since the last performance of labor. Any person entitled to bring an action or any defendant in an action on a payment bond shall have the right to require the governmental entity or the private developer to certify a copy of the payment bond, development contract, and construction contracts covered by the bond. The prevailing party to a suit brought under the provisions of this subsection may be granted attorneys' fees. Sets out further requirements for programming requirements and for selecting developers.

Effective when the act becomes law and expires July 1, 2019.

Amends GS 147-33.80 as the title indicates, making Article 3D, State Information Technology Services, applicable to the General Assembly, the Judicial Department, and the University of North Carolina and its constituent institutions. Directs these agencies to participate in the information technology procurement programs, services, or contracts offered by the Office of Information Technology services (was, these agencies may elect to participate). Makes conforming changes to GS 147-33.82(b), GS 147-33.83(a), GS 147-33.91 and deletes GS 147-33.111(b), which exempted the previously identified state agencies from the security standards developed by the state Chief Information Officer (CIO) and allowed them to develop their own.Makes stylistic changes to GS 147-33.81 (Definitions).

Amends GS 147-33.84 to provide that any state agency, may request in writing to the CIOfor authority to deviate from the provisions in GS 147-33.83(a) (was, provided for certain deviationsby the Department of Revenue). Directs the CIO to review deviations that are granted to state agencies under this section before July 1, 2013, and requires the CIO to adopt a plan to bring each deviation within the CIO's general governance under this article as soon as practical.

Deletes provisions in GS 143-661(a) authorizing the Criminal Justice Network Governing Board established within the office of the CIO to exercise all of its statutory power independent of control by the CIO's office. Makes an additional conforming change to GS 143C-3-3(e).

As title indicates.

Amends GS 136-18 regarding the powers of the Department of Transportation (DOT), as the title indicates. Authorizes the DOT to establish policies and adopt rules for issuing street or driveway connection permits allowing the construction of a connection to any street or highway that is a part of the State Highway System. Attaches no liability in damages to the DOTfor any injury to persons or property arising out of the issuance or denial of a street or driveway connection permitor for failure to regulate any street or driveway connection. Provides factorswhich the DOTmust consider in adopting rules to govern the issuance of driveway permits. Authorizes the DOT to exercise its discretion and judgment regarding the issues of safety and efficiency in determiningwhether to issue or withhold a permit for a street or driveway connection. Also authorizes the DOT to revoke a previously issued permit if the permit holder does not comply with the provisions of the permit. Effective July 1, 2013.

As title indicates.

Deletes Part 30 of GS Chapter 143B, Article 3, which established the state schools for hearing-impaired children in the cities of Wilson and Morganton.

Enacts a new Article 9C in GS Chapter 115C to make the State Board of Education (SBE) the sole governing agency for the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf collectively identified as the "residential schools" for the purposes of new Article 9C. Directs the SBE to adopt rules to carry out all duties and responsibilities of this article, specifying that the rules should minimallyinclude (1) codes of conduct and appeals provisions for students, (2) policies and procedures for academic performance and academic discipline, and (3) rules settingreasonable fees and charges for extracurricular activities and athletics. Exempts the SBE from the provisions of GS Chapter 150B in adopting these rules but does require the SBE (1) to give notice of the adoption of the rules 30 days in advance of their adoptionand (2) to provide an opportunity for comment by interested parties.

Amends GS 143B-146.1(b)(4) to define participating schoolto mean a residential school, except as otherwise provided in proposed Article 9C of GS Chapter 115C, that isrequired to participate in the ABCs program.

Amends GS 143B-146.2(a) to delete requirement that the Governor Morehead School and the schools for the deaf participate in the ABC's Program. Provides that the Secretary of Health and Human Services (Secretary), in consultation with the General Assembly and the SBE, may designate residential schools (was, other residential schools) that must participate in the ABC's program.

Provides that the Secretaryisto evaluate the principal(was,the Secretary or the Superintendent). Makes it the duty of the principal to notify the Secretary (was, Secretary or Superintendent) of any report made to law enforcement under this section. Deletes requirement that Secretary adopt policies and offer training to ensure that personnel offering direct services to childrenattending schools for the deaf become proficient in sign language. Makes additional conforming changes.

Provides that unless rules adopted under repealed Article 30or any statutory provisions of GS Chapter 143Bprior to being amended in this actare inconsistent with the provisions of proposed Article 9C, those rules are to remain in effect until they are superseded by rules adopted under Article 9C of GS Chapter 115C as enacted by Section 2 of this act. Confers continued responsibility for maintenance and repair of grounds and facilitiesand providing utilities for the Governor Morehead School on the Department of Health and Human Services (DHHS). Also provides that DHHS is to continue its responsibility for information technology support for the the Eastern NC School for the Deaf, the NC School for the Deaf, and the Governor Morehead School.

Enacts new Article 2A (Community Association Property Management) in GS Chapter 93A. Gives the North Carolina Real Estate Commission (Commission) the power to administer the Article and adopt rules. Makes it unlawful to act as a community association property manager, engage in the business of community association property management, or hold self out to be a community association property manager, or use such title, on or after October 1, 2103, without being licensed by the Commission. Prohibits issuing a license to a partnership, association, corporation, limited liability company, or other business entity. Prohibits a licensee from exercising control over the reserves or investment accounts of a community association or an operating account of a community association unless specified conditions are met. Also prohibits a licensee from giving legal or financial advice. Requires community association property managers to be covered by a bond of at least $20,000. Sets out further bonding requirements. Requires contracts to provide community association property management services be in writing and provide that the contract (1) expires in one year but allows for continuation on a month-to-month basis, (2) contains an escape clause, and (3) contains a notice of cancellation with proper notice before the contract expires and before contract renewal. Requires community associations to register with the Commission annually and sets out information that must be provided. Requires a $100 registration fee.

Makes a conforming change to GS 93A-2 by defining commuity association property management. Makes a conforming change to GS 93A-16.

As the title indicates. Provides for the following: (1) an alignment of community college courses with laborshed demands, defining laborshed to mean the area or region from which an employment center draws its commuting employees; (2) an increase in access to a range of state services for unemployed individuals; (3) an increase in tuition at community colleges to support financial assistance in the enrollment in programs for high-demand occupations; and (4) a transfer of the apprenticeship program to the Community Colleges System Office. Specifies reporting requirements.

Repeals GS 143A-71, which transferred the Apprenticeship Council to the Department of Labor. Enacts new GS 115D-5.2 to transfer the Apprenticeship Council, via a Type I transfer, to the NC Community Colleges System Office. Provides that if this transfer requires approval by the Office of Apprenticeship, United States Department of Labor, this section is effective upon the date the transfer is approved. Prohibits changes in the organizational structure of the programs transferred under this section, other than those provided by this section, from occurring before January 1, 2014. Provides for the current members of the Apprenticeship Council to serve the remainder of their terms. Authorizes the State Board of Community Colleges to fill vacancies on the Apprenticeship Councilas terms expire or any vacancies that occur prior to the the expiration of a term of office. Requires the Community Colleges Board to present any plans for organizational changes to the Joint Legislative Education Oversight Committee no less than 30 days before they are proposed to become effective.

Makes conforming changes to GS 94-1, GS 94-2, GS 94-3, GS 94-4, GS 94-6, and GS 94-12.

Enacts new GS 53-281.1 to provide for and regulate deferred presentment transactions, defined as agreements where one party accepts a check from a customer and holds the check for a period of time before cashing or depositing. Permits licensed owners of check-cashing businesses (licensees) to charge a fee to defray certain operational costs when entering into deferred presentment transactions, provided the fee does not exceed 15% of the cash advance amount and the maximum cash advance amount does not exceed $500. Permits the customer to redeem his or her check before the date of deposit after paying the check amount to the licensee. Requires the licensee to cash or deposit the check within 35 days. Requires a licensee to provide the customer with a receipt and written explanation of all fees and other information related to the transaction in clear and understandable language. Prohibits a licensee from knowingly entering into a transaction with a customer who has another outstanding payday loan or with a member of the Armed Forces or his or her spouse or dependent.

Permits a licensee to charge a fee for returned checks, but states that the customer will not be subject to criminal prosecution unless the customer attempted to misrepresent or defraud. Forbids a licensee from reporting to a credit reporting agency any customer's debt, and prevents the licensee from engaging in listed activities including unfair and deceptive trade practices. Specifies acceptable methods of payment for the cash advance, and requires licensee to wait 24 hours before entering into another transaction with a customer after full payment of the check. Prohibits rollover of a transaction, defined as the termination or extension of a transaction by the payment of an additional fee or the substitution of a new check. Allows an extended payment plan once a year, subject to the listed terms. States that deferred presentment transactions are not subject to the NC Consumer Finance Act.

Requires the Commissioner of Banks to implement a common database with real-time internet access to prevent a customer from having a deferred presentment transaction that exceeds the limits in new GS 53-281.1. Requires the database to be accessible by October 1, 2013. Specifies information that is to be entered into the database. Requires a licensee to designate a transaction as closed and inform the database provider within 24 hours after the transaction is paid in full and closed. Makes information in the database privileged and confidential. Allows for a database verification fee of up to $1, and allows the licensee to pass the fee onto the customer.

Requires each application for a license to offer deferred presentment transactions to include a surety bond of $10,000. If business will be conducted at multiple locations, the amount is increased by $10,000 per location with a maximum of $50,000.

Makes conforming changes.

Effective July 1, 2013.

Enacts new Part 8, Health Insurance Navigators, in Article 50 of GS Chapter 58. Prohibits functioning as a navigator (as defined) without a license. Requires the Commissioner of Insurance to issue a license when five specified requirements are met, including passing an exam. Requires licensed navigators to provide factually accurate insurance advice and guidance to uninsured individuals and groups seeing coverage on an exchange and to provide factually accurate information to uninsured persons and businesses regarding the availability of premium tax credits and cost-sharing reductions. Prohibits specified acts, including soliciting a person or business already insured under an existing health benefit plan and receiving anything of value from an insurer, health benefit plan, business, or consumer for providing advice or services. Violations of the Part or of the Affordable Care Act is ground for denial, suspension, or revocation of a license. This part does not apply to patient navigators.

Amends GS 15A-622, as the title indicates.

Amends GS 9-7 to make conforming changes and to require that information on individuals who serve a full term on a grand jury be retained for six years.

Requires the Legislative Research Commission to study the process of designating cases as complex business cases and assigning them to business court judges, including the possibility of sending appeals from complex business courts directly to the Supreme Court. Requires a report to the 2013 General Assembly when it reconvenes in 2014.