Amends Section 7.16(e) of SL 2013-360 as amended, to provide that until December 31, 2015, the State CIO has the authority to approve or disapprove (i) any procurement or operation of an unmanned aircraft system by state agencies or political subdivisions and (ii) the disclosure of personal information about any person acquired through unmanned aircraft operation by a state agency or political subdivisions. Allows the State CIO to consult the Division of Aviation in the Department of Transportation when making a decision under this subsection. Requires the State CIO to immediately report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on any and all decisions made under this subsection. Allows state agencies or political subdivisions to procure or operate unmanned aircraft systems before the knowledge and skills test is established, as required by GS 63-95. However, provides that state agencies or political subdivisions that submit a request on or after the date that the knowledge and skills test is implemented are also subject to the provisions of GS 63-95.
Amends Section 34.30(j) of SL 2014-100, making clarifying changes reflecting the authorization of the operation of unmanned aircraft systems by state agencies or political subdivisions in accordance with the changes made to Section 7.16(e) of SL 2013-360.
The Daily Bulletin: 2015-01-28
|Intro. by Torbett.||UNCODIFIED|
Reenacts GS 20-79.4(b)(122), which allows the Division of Motor Vehicles (DMV) to issue Military Veteran license plates, as the statute existed on September 30, 2014. Further amends that same subdivision to remove the requirement that the DMV receive at least 300 plate applications before issuing the plate. Also exempts the Military Veterans license plate from the requirements of GS 20-79.3A (requirements to establish a special registration plate) and GS 20-79.8 (expiration of special registration plate authorization if application requirements are not met). Reenacts the fee amount for the plate.
|Intro. by Torbett.||GS 20|
Amends GS 20-4.01(27) toadd an autocycle as a type ofpassenger vehicle.Definesautocycle as "a three-wheeled motorcycle with a steering wheel, pedals, seat safety belts for each occupant, anti-lock brakes, air bag protection, completely enclosed seating that does not require the operator to straddle or sit astride, and is otherwise manufactured to comply with federal safety requirements for motorcycles." Amends the definition for motorcycle to include autocycles. Makes a technical change, re-lettering sub-subsections.
Under current law, GS 20-7(a2) identifies persons that are eligible to operate a motorcycle with a motorcycle learner's permit. Amends GS 20-7, adding subsection (a3) to provide that subsection (a2) does not apply to autocycles and that a person operating an autocycle must have a regular driver's license. Amends subsection (c) of thisstatute to prohibit a person from using an autocycle to complete a road test required by the Division of Motor Vehicles.
Makes an organizational change to GS 20-37.16(c), adding headings to clarify the endorsements required to drive certain vehicles and the vehicles that be driven with the specified endorsements. Provides that for purposes of subsection (c), the term "motorcycles" does not include autocycles. Provides that under this section, autocycles are subject to the same endorsement requirements as motor vehicles.
Amends the following sections to provide that for the purposes of each of these sections, the term "motorcycle" does not include autocycles: (1) GS 20-124(d) (brake requirements), (2) GS 20-125.1(d) (directional signals), (3) GS 20-129(c) (required lighting equipment of vehicles), (4) GS 20-130(a) (spot lamps), and (5) GS 20-131(a) (requirements as to headlamps and auxiliary driving lamps). Provides that for the purposes of each of the above listedstatutes, autocycles are subject to the requirements under each section for motor vehicles.
Adds a new subsection (d) to GS 20-135.2. Provides that under this statute, the term "motorcycle" excludes autocycles. Requires every autocycle registered in North Carolina to have at minimum one set of seatbelts for the front seat of the autocycle and specifies that the safety belt must meet the same requirements as those for safety belts in motor vehicles.
Amends GS 20-135.3 to include autocycles in seat belt anchorage requirements for rear seats of motor vehicles. Provides that for the purposes of this section, the term "motorcycles" does not include autocycles.
Amends GS 20-140(a) to exclude the operator of or passengers in an autocycle from the requirementsregarding wearing of safety helmets.
Amends GS 20-146.1(b) to provide that this subsection, which limits motorcycles to operating no more than two abreast in a single lane, does not include autocycles. Restricts autocycles to operating not more than one abreast in a single lane.
Makes a conforming change to GS 20-127(c)(1).
Effective October 1, 2015. Provides that prosecutions for offenses committed before this act's effective date are not abated or affected by this act and that statutes that would apply except for this act will continue to apply to those prosecutions.
|Intro. by Torbett.||GS 20|
Amends GS 14-415.1 to add that the statute, which prohibits possession of a firearm by a felon, does not apply to any person who meets all of the following: (1) the person's firearm rights were restored before December 1, 1995, and the forfeiture of the person's firearms rights on December 1, 1995, occurred only because amendments to the statute that were applicable to any person convicted of a felony before December 1, 1995, became effective; (2) the person's felony convictions before December 1, 1995, are only for nonviolent felonies; and (3) the person has not been convicted of any subsequent felony on or after December 1, 1995, that would require forfeiture of the person's firearms rights and cause the person to be disentitled under the statute. Also provides that there is no disentitlement under the statute and firearms rights are restored to individuals meeting the same three requirements.
Effective October 1, 2015.
|Intro. by Speciale.||GS 14|
As the title indicates, amends the following provisions regarding statewide elections in order to restore partisan judicial elections for Justices of the Supreme Court and Judges of the Court of Appeals: (1) GS 163-106(c), filing notice of candidacy, and subsection(d), notice of candidacy for certain offices to indicate vacancy; (2) GS 163-107(a), fee schedule; (3) GS 163-107.1(b), filing a petition instead of paying a filing fee; and (4) GS 163-111(c)(1), procedure for requesting second primary. Makes technical changes to insert gender-neutral language.
Makes conforming changes to remove the election of Justices of the Supreme Court and Judges of the Court of Appeals from the provisions governing the election of judges in Subchapter X of GS Chapter 163.
Becomes effective for primaries and elections held on or after January 1, 2016.
|Intro. by Jones, Iler, R. Brown, Jordan.||GS 163|
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. It also provides that the State Board of Education may grant a local school board’s request of a waiver of the statutory requirements for opening and closing dates upon a showing of good cause.
Amends GS 115C-84.2(d) as the title indicates, authorizing the State Board of Education (SBE) to also waive the opening and closing dates’ requirement for a specific school or defined program for an “educational purpose.” Specifies the definition for an “educational purpose,” and requires that the SBE find that the educational purpose is reasonable, the accommodation is necessary to accomplish the educational purpose, and the waiver request is not an effort to bypass the opening and closing date parameters as set out in this statute.
Applies beginning with the 2015-16 school year.
|Intro. by Horn, S. Martin, Riddell, Lucas.||GS 115C|
Amends GS 148-132, providing that the Section of Correction Enterprises of the Division of Adult Correction is authorized to market and sell products and services produced by Correction Enterprises to licensed health professionals for the sole purpose of providing eyeglasses to enrollees in the Medicaid or NC Health Choice plans. Sale price of these products cannot exceed the health professional's cost of acquisition. Further provides that orders submitted by health professionals to Correction Enterprises must include the program identification number of the enrollee that will receive the eyeglasses.
|Intro. by Richardson, Glazier, Gill.||GS 148|
Amends GS 130A-440 to require every parent, guardian, or person in loco parentis (acting in place of the parent) presenting a child for admission into kindergarten or a higher grade for the first time in the public schools to submit proof that the child has received a health assessment. Requires that a child receive the health assessment no more than 12 months before the initial date of entering school (was, required a health assessment for each child entering kindergarten). Provides that a child is not eligible for initial entry into kindergarten or a higher grade in the public schools unless a health assessment transmittal form, developed under GS 130A-441, is presented to the school principal. Clarifies that the 30-day countdown for submitting the health assessment transmittal form to the principal begins with the child's first day of attendance. Requires the health assessment transmittal form to be permanently maintained in the child's official school record.
Makes a conforming change to GS 115C-402(b) asserting that a health assessment transmittal form as required by GS 130A-440, as amended in this act, be included in a student's official record.
Effective whenthe actbecomes law and applies to children who enroll in the public schools for the first time beginning with the 2015-16 school year.
Includes introductory "whereas clauses" providing public policy reasons for enacting this legislation.
Amends GS 78-17 to add a new exemption to the list of transactions that are exempt from the registration and filing requirements to include the offer or sale of securities conducted in accordance with proposed GS 78A-17.1, the Invest NC exemption. Effective when bill becomes law, expiring on July 1, 2017.
Enacts new GS 78A-17.1, Invest NC Exemption, to Article 3 of GS Chapter 78A. Provides that an offer or sale of a security by an issuer is exempt from registration requirements under GS 78-24 and filing requirements under GS 78A-49(d) if the offer or sale is conducted in accordance with the 13 specified requirements. Provides that the caps set for cash and other consideration for all sales of the security in reliance upon the exemption in GS 78A-17.1 must be cumulatively adjusted every fifth year by the Secretary of State (Administrator) to reflect the change in the Consumer Price Index for all Urban Consumers published by the Bureau of Labor Statistics. Requires an issuer of security for which the offer of sale is exempt under this section to submit a free-of-charge quarterly report to the issuer's shareholders until there are no outstanding securities issued under this section. Specifies how an issuer can satisfy the reporting requirement via an internet website if made available in accordance with specified requirements. Requires that an issuer must file each quarterly report with the Administrator. Specifies content required to be in the report. Provides criteria for offers and sales to controlling persons, defined as an officer, director, partner, trustee, or individuals having similar status or performing similar functions as the issuer, or a person owning 10% or more of the outstanding shares of any class or classes of securities of the issuer. Provides for disqualification for the exemption if an issuer or person affiliated with the issuer or offering is subject to any qualifications contained in 18 NCAC 06A. 1207(a)(1) through (a)(6) or contained in Rule 262 as promulgated under the Securities Act of 1933 (17 CFR 230.262). Authorizes the Administrator to adopt rules to protect investors who purchase securities under this section. Directs the Administrator to charge a nonrefundable filing fee of $150 for filing the exemption notice. Effective when bill becomes law, expiring on July 1, 2017.
Makes a conforming change to GS 78A-49(d) regarding the informational filing requirement. Effective when bill becomes law, expiring on July 1, 2017.
Requires the Administrator to adopt rules to implement this act within 12 months. Provides for a 15-day notice and comment period and requires the Administrator to hold at least one public hearing on the rules. Provides that the rules become effective on the first day of the month following the date the rules are adopted and sent to the Codifier of Rules for entry into the Administrative Code. Provides that this provision expires 12 months after the effective date of this act. Effective when bill becomes law, expiring on July 1, 2017.
Adds new Article 3L, “NC New Markets Jobs Act of 2015,” to GS Chapter 105 to provide that an entity that makes a qualified equity investment earns a below-the-line tax reduction that may be applied to the entity’s state premium tax liability on future premium tax reports filed under Article 8B of GS Chapter 105.
Enacts new GS 105-129.101 (definitions). Defines qualified equity investment as an equity investment in, or long-term debt security issued by, a qualified community development entity that meets each of the following requirements: (1) is acquired after the act's effective date at its original issuance solely in exchange for cash; (2) has at least 85% of its cash purchase price used by the qualified community development entity to make qualified low-income community investments in qualified active low-income community businesses located in this state by the first anniversary of the initial reduction allowance date; and (3) is designated as a qualified equity investment under this subdivision and certified by the Department of Commerce (Department) as not exceeding the limitation in proposed GS 105-129.102(d)(5). Additionally defines qualified active low-income community business, qualified community development entity, and additional terms as they apply in this act.
Provides details on the tax reduction and directs the Department to certify $208,333,333 in qualified equity investment authority in accordance with two allocations, one for the Rural Reserve and one for the Statewide Reserve, as described in GS 105-129.109(a). Sets out the procedure for a qualified community development entity to apply to the Department, which is to begin accepting applications on July 1, 2015, for an equity investment or long-term debt security to be designated as a qualified equity investment. Allows for disallowing a reduction claimed or to be claimed by a taxpayer under new Article 3L under specified circumstances. Requires that notice of a disallowed tax reduction must be sent in writing to the taxpayer and the Department of Revenue. Prohibits enforcement of the disallowance under this Article until the qualified community development entity has been provided with notice of the noncompliance and allowed six months to cure the noncompliance. Provides that a recaptured reduction and the related qualified equity investment authority reverts to the Department and is to be issued pro rata to other applicants whose allocations were reduced under the provisions of this section and in accordance with the application process. Requires that applicants pay a refundable performance deposit for each application submitted. Sets out conditions under which the deposit is forfeited.
Requires the Secretary of Commerce (Secretary) to issue binding letter rulings in response to applicants requesting an interpretation of the law to a specific set of facts. Sets out requirements for the rulings.
Provides that an entity claiming a reduction for qualified equity investment is not required to pay any additional retaliatory tax as a result of claiming the reduction.
Prohibits a certified qualified equity investment from being decertified unless the requirements of GS 105-129.107 have been met. Sets out conditions for decertification.
Provides that no qualified community development entity is entitled to pay any affiliate of such entity any fees in connection with any activity under this Article prior to decertification of all qualified equity investment issued by the entity. Does not prohibit a qualified community development entity from allocating or distributing income earned by it to the affiliates or paying reasonable interest on amounts lent to the entity by such affiliates.
Allows qualified community development entities to apply for both the Rural Reserve (consisting of $156,250,000) and the Statewide Reserve (consisting of $52,083,333). Sets out requirements for investments made under the Rural Reserve and the Statewide Reserve.
Directs a qualified community development entity issuing qualified equity investments to submit a report to the Department within the first five business days after the first anniversary of the initial reduction allowance that documents the investment of 85% of the purchase price in qualified low-income community investments in qualified active low-income community businesses in North Carolina. Specifies the required content of the report. Requires a qualified community development entity to continue to submit annual reports to the Department on or before April 1 of the calendar year during the compliance period.
Provides that this section, proposed Article 3L, applies to qualified equity investments made on or after July 1, 2015.
Amends GS 115D-5(v) to allow Community Colleges to teach the Universal General Education Transfer Courses, as found in the Comprehensive Articulation Agreement between the University of North Carolina and the NC Community College System, at any time during the year, including the summer term.
Requires the State Board of Community Colleges to report to the Joint Legislative Oversight Committee by October 1, 2015, on full-time equivalent students for the summer 2015 term.
Effective when the act becomes law and applies beginning with the 2015 summer term.
|Intro. by Pendleton, Stam.||GS 115D|
As the title indicates.
Repeals the following General Statutes: 58-2-170, 58-3-191(a) and(b1), 58-67-140(a)(7), 58-36-3(c), 58-40-130(e), and 58-50-95 concerning specified insurance reports.
Amends GS 58-2-165(b) to provide that the Commissioner of Insurance (Commissioner) may require statements under thisstatute (was, alsounder GS 58-2-170) and GS 58-2-190 to be filed in a format that can be read by electronic data processing equipment within specified limitations.
Applies to reports otherwise required to be filed on or after July 1, 2015.
|Intro. by Pendleton.||GS 58|
Amends House Rule 20(b), as contained in House Resolution 1, to provide that votes on the second reading of resolutions are not required to be taken on the electronic voting system.
Amends House Rule 61, as contained in House Resolution 1, to provide that in the event of a vacancy, the Speaker or the Chair of the Standing Committee on Rules, Calendar, and Operations of the House may assign permanent seats as are necessary to maintain seating (was, in the event of vacancy, that member's successor will occupy the seat of the member replaced for the remainder of the biennial session).
Amends House Rule 27, as contained in House Resolution 1, to make the Appropriations subcommittees full committees and to add to the list of committees Appropriations, Capital. Makes conforming changes throughout the rules by removing references to subcommittees.
|Intro. by Lewis.||HOUSE RES|
Under current law, GS 115C-238.51A sets out the process for reviewing and approving applications to establish Cooperative Innovative High Schools (CIHS).
Amends subsection (b) of GS 115C-238.51A, which applies to CIHS applications that do not request additional funds. Provides that a CIHS approved under this subsection may open at the beginning of the school year following approval or may open after a planning year.
Amends subsection (c) of GS 115C-238.51A, which applies to CIHS applications that request additional funds. Provides that CIHS applications requesting additional funds may be approved contingent upon the appropriation by the General Assembly of (1) the additional funds or (2) funding for a planning year (was, contingent on the appropriation of additional funds). Makes additional changes to this subsection to make its provisions applicable to requests for planning year funding as well as requests for additional funds. Requires a CIHS that receives planning year funding under this subsection to open after a planning year.
Appropriates $750,000 from the General Fund to the Department of Public Instruction for the 2015-16 fiscal year to be allocated for planning year funding in the amount of $75,000 per approved CIHS.
Effective July 1, 2015.
Amends GS 115B-1(6) and GS 115B-2(a)(4) as the title indicates. Amends GS 115B-5(b) to require verification of the legal guardian-child relationship via documentary evidence deemed appropriate by the admitting institution.
Applies to the 2015 fall academic semester and each subsequent semester.
|Intro. by C. Graham.||GS 115B|
Enacts new GS 130A-221.5 to provide that every physician, physician's assistant, or certified nurse practitioner that provides well-child care must ensure that diabetes screening is performed for each child under their care at least once at the following age intervals, (1) birth, (2) 12 months of age, and (3) 24 months of age.
Effective October 1, 2015.
|Intro. by C. Graham.||GS 130A|
Provides that effective March 1, 2015, all provisions included in GS 115C-363.22 through GS 115C-363.23A, concerning the Teaching Fellows Program, are to be reenacted (previously, set to be repealed March 1, 2015). Provides that the above provisions do not apply to scholarships awarded by the Teaching Fellows Commission on or before March 1, 2015. Provides that scholarship loans will be made pursuant to the Teaching Fellows Program beginning with the 2016-17 academic year.
Amends Section 1.38(a) of SL 2011-266 (as amended), effective March 1, 2015, concerning the repeal of GS 115C-363.22 through GS 115C-363.23A, to provide that Section 1.38(a) only applies to scholarships awarded by the Teaching Fellows Commission on or before March 1, 2015.
Repeals Section 1.38(c) of SL 2011-266, which prohibited legislators from serving on the Teaching Fellow's Commission, effective July 1, 2015.
Amends the catch line of GS 116-209.27 to read "Administration as of March 1, 2015 of outstanding scholarships previously awarded by the Teaching Fellows Program" (was, Administration of scholarships previously awarded by the Teaching Fellows Program).
Appropriates from the General Fund to the Department of Public Instruction $400,000 for the 2015-16 fiscal year and $750,000 for the 2016-17 fiscal year, for the expenses of the Teaching Fellows Commission.
Appropriates from the General Fund to the Department of Public Instruction $3.25 million for the 2016-17 fiscal year to provide 500 Teaching Fellowships of $6,500 per recipient for the 2016-17 academic year. Effective July 1, 2015.
Enacts new GS 96-35, unemployment insurance program integrity; reporting, to ensure that program integrity measures enacted by the Division of Employment Services (DES) include the rigorous and consistent use of business intelligence and data analytics.
Sets out the following five required activities that DES must do to enhance integrity: (1) prioritize DES program integrity efforts that maximize the use of information sharing with or between specified projects and initiatives in order to prevent, detect, and reduce unemployment insurance fraud and irregularities, (2) coordinate efforts with the Office of Information Technology Services to ensure that DES integrates into its operation and procedures the most effective and accurate processes and tools to prevent fraudulent, suspicious, or irregular claims, (3) coordinate efforts with the Department of Revenue to enhance alerts which indicate circumvention of payment of unemployment insurance taxes, (4) coordinate efforts with the Department of Health and Human Services to facilitate claims cross-matching and other appropriate steps, and (5) coordinate efforts with the Office of State Controller to facilitate cross-matching and other appropriate steps using BEACON.
Requires DES to submit quarterly written reports, beginning April 1, 2015, that detail its progress and efforts in achieving the above required activities, to the Chairs of the Joint Legislative Oversight Committee on Unemployment Insurance, the Chairs of the Joint Legislative Oversight Committee on Information Technology, the Chairs of the House Appropriations Subcommittee on Natural and Economic Resources, the Chairs of the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division. Sets out specific items the written report must contain, including metrics regarding unemployment benefits overpayments, improper payments, and fraudulent payments.
Requires DES, beginning January 1, 2016, to submit an annual report to the General Assembly detailing efforts to carry out the above required activities. Sets out five specific items the annual report must contain, including, the methodology used to determine analytic priorities for unemployment insurance program integrity investigation.
|Intro. by Howard.||GS 96|
Provides that decisions issued in an appeal by a party to a decision of an appeals referee or hearing officer that were issued by the Assistant Secretary of Commerce for the Division of Employment Security or by the Secretary of Commerce’s designee, as well as decisions issued by the three individuals appointed by the Governor in December 2013 to serve on the Division of Employment Security’s (DES) Board of Review (Board), are validated and are given the same legal effect as if they had been issued by the Board. Effective when the act becomes law and applies to decisions rendered on or after November 1, 2011.
Repeals GS 96-4(b) and Section 21 of SL 2013-224, both of which concern the DES Board of Review and the appointment process.
Enacts new GS 96-15.3, Board of Review, expounding on the appointment process for the Board. Establishes the Board of Review to determine appeals policies and procedures as well as to hear appeals arising from decisions and determinations of DES. Directs the Department of Commerce (Commerce) to assign staff to the Board. Requires the Board and its staff to perform job responsibilities independent of the Governor, the General Assembly, Commerce, and DES but in accordance with any written guidance issued by the US Department of Labor.
Establishes that the Board consists of three members, serving staggered four-year terms, with one member each classified as a representative for either employees, employers, or the public. Provides that the member serving as a representative for the general public will be the chair of the Board and is required to be a licensed attorney in North Carolina.
Provides that appointments to the Board are to be made by the Governor and confirmed by the General Assembly by joint resolution. Requires the Governor to submit the name of the individual nominated to the Board to the General Assembly for confirmation on or before May 1 of the year of the expiration of the term. Provides that if the General assembly does not confirm the appointment by May 30, the office will be considered vacant and will be subject to being filled in accordance with specified procedures. When vacancies arise when the General Assembly is in session, the Governor must submit the name of the appointee to fill the vacancy within 30 days after the vacancy arises to the General Assembly for confirmation. If the appointment is not confirmed within 30 days the office will be considered vacant and the Governor must resubmit a name for confirmation. However, the Governor cannot resubmit the same nominee that the General Assembly did not confirm.
For vacancies arising when the General Assembly is not in session, the Governor must appoint someone to the office on an interim basis, pending confirmation by the General Assembly. Once the General Assembly is in session, the Governor must submit the name of the interim appointee within 14 days of the date the General Assembly convenes.
Provides that if the Governor fails to submit a name for appointment in a timely manner, regardless of if it occurs while the General Assembly is in Session, then the General Assembly can appoint an individual to the vacancy in accordance with GS 120-121. Specifies that if the vacancy occurs in an odd-numbered year then the appointment is made by recommendation of the President Pro Tempore of the Senate, and in even-numbered years it is filled upon recommendation of the Speaker of the House.
Provides that the term for the member serving as the employer’s representative will expire on June 30, 2015, the term for the employee representative will expire on June 30, 2016, and the term for the general public representative will expire on June 30, 2017.
Requires the Secretary of Commerce and the chair of the Board to make a detailed written report by May 1, 2015, to the chairs of the Joint Legislative Oversight Committee on Unemployment Insurance, the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the chairs of the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division. This written report is to include five specific areas of information, including measures taken to ensure the independence of Board staff and whether or not adequate staff is assigned to the Board.
|Intro. by Howard.||GS 96|
Amends GS 20-7(b2) to give the DMV authority to disclose social security numbers to the Department of Commerce (Commerce), Division of Employment Security (DES), for the purpose of verifying employer and claimant identity. Amends GS 96-9.2(c) and changes the end date of the 12-month period used to calculate "total insured wages" for contribution rates to June 30 (was, July 31). Applies to contributions payable for calendar quarters beginning on or after January 1, 2014.
Amends the actively seeking work requirement as found in GS 96-14.9(e), requiring individuals to make at least five job contacts (was, sought work on at least two different days during the week and made at least two contacts) with potential employers each week to fulfill the work-seeking requirement. Effective July 1, 2015, applying to claims for benefits on or after that date.
Amends GS 96-15(h), making clarifying and technical changes regarding judicial review of hearing decisions of the Board of Review. Provides that a decision of the Board of Review becomes final 30 days after the date of mailing unless a party to the decision seeks judicial review. Effective July 1, 2015, applying to decisions made on or after that date.
Amends GS 96-3, GS 96-4(j), and GS 96-9.15(f) regarding the DES, deleting and/or replacing the language that referred to the Employment Security Section and the Employment Insurance Section with DES.
Enacts new GS 1-359(b) to provide that when DES wins a civil action against an employer to collect unpaid employment taxes, DES can attach or garnish the employer's credit card receipts in recovering the unpaid taxes. Direct receipt of those funds by DES represents a sufficient discharge for the amount paid by the credit card company.
Amends GS 96-10(b)(1) regarding collections of contributions, providing that any judgment that is executable and allowed by GS 96-10 will be subject to attachment and garnishment for payment of unpaid taxes as provided in GS 1-359(b).
Amends GS 96-14.9, concerning weekly certification of eligibility for benefits, requiring individuals to present valid photo identification when requested to report to the DES. Also sets out what is considered to be a valid photo ID.
Amends Section 1.10(c) of SL 2011-401 to extend the deadline for rule and regulation readoption by the Division of Employment Security, as required by the Administrative Procedure Act in GS Chapter 150B, Article 2A, to April 20, 2015 (was, December 31, 2012).
Repeals GS 96-14.4, Duration of benefits for individual claimant. Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.
Amends GS 96-14.3, changing the title to Duration of benefits (was, Minimum and maximum duration of benefits). Deletes any language referencing minimum or maximum number of weeks and establishes that the maximum number of weeks will now serve as the number of weeks an individual will receive benefits according to the seasonally adjusted unemployment rate. Provides that the total benefits paid to an individual is calculated by multiplying the individual's weekly benefit by the number of weeks allowed under GS 14.3(a). Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.
Amends GS 96-14.12(b) to provide that the duration of benefits for an individual who is unemployed based on services provided to a corporation in which the individual held 5 percent or more outstanding of voting stock will be limited to six weeks (previously, it was the lesser of six weeks or the weeks determined under now repealed GS 94-14.4). Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.
Amends GS 96-16(f), updating statutory references, replacing GS 96-14.4 with GS 96-14.3. Effective July 1, 2015, applying to claims for benefits made on or after July 1, 2015.
Reenacts GS 105-164.13C, provisions detailing the sales and use tax holiday for school supplies sold on the first Friday of August to the following Sunday, as it existed before the statute was repealed.
Effective July 1, 2015, and applies to sales made on or after that date.
|Intro. by Pierce.||GS 105|
Re-enacts GS 105-151.31, the "Earned Income Tax Credit," as it existed immediately before its expiration. Requires an individual who is a nonresident or part-year resident who claims the credit under thisstatute to reduce the amount of the credit by multiplying it by the appropriate fraction: (1) for the 2015 taxable year the percentage is 2.5% and (2) for all other taxable years, the percentage is 5%.
Provides that thisstatute is repealed for taxable years beginning on or after January 1, 2019.
Effective for taxable years beginning on or after January 1, 2015.
|Intro. by Pierce.||GS 105|
Enacts new Article 80, Statewide Poverty Task Force, in GS Chapter 143. Establishes the 30-member North Carolina Statewide Poverty Task Force (Task Force), with ten members appointed by the Speaker of the House of Representatives, ten appointed by the President Pro Tempore of the Senate, and ten appointed by the Governor according to specified criteria. Also specifies eight ex officio, nonvoting members, including the Governor's Executive Advisor on Poverty Reduction and Economic Prosperity. Requires the Task Force to identify goals for eliminating poverty in the state and develop a coordinated, integrated, ongoing approach to poverty reduction in the state by establishing poverty reduction targets. The Task Force is to meet at least quarterly and is chaired by the Governor's Executive Advisor on Poverty Reduction and Economic Prosperity. Requires an annual report by March 1 to the Governor and the General Assembly. Provides for travel and subsistence for Task Force members.
Appropriates $200,000 from the General Fund to the Department of Health and Human Services for 2015-16 and $200,000 for 2016-17 to fund the Task Force.
Appropriates $100,000 for 2015-16 and $100,000 for 2016-17 from the General Fund to the Office of the Governor to fund the salary and support costs associated with one new personnel position, the Governor's Executive Advisor on Poverty Reduction and Economic Prosperity. The Advisor is to implement interdepartmental collaboration among state agencies, departments, and institutions to advance poverty reduction and economic prosperity in the state.
Effective July 1, 2015.
The Daily Bulletin: 2015-01-28
Enacts new GS 51-5.5, recusal of certain public officials, providing that magistrates have the right to recuse from performing all lawful marriages based on sincerely held religious objections. Any such recusal is made by giving notice to the chief district court judge and is in effect for at least six months from the time notice is given to the chief district court judge. Any recused magistrate cannot perform any marriage until the recusal is rescinded in writing. Provides that the chief district court judge will ensure that all those issued a marriage license to be married before a magistrate can marry.
Provides that an assistant register of deeds and deputy register of deeds have the right to recuse from issuing all lawful marriage licenses based on sincerely held religious objections. Any such recusal is made by giving notice to the register of deeds and is in effect for at least six months from the time notice is given to the register of deeds. Any recused assistant register of deeds and deputy register of deeds cannot issue any marriage license until the recusal is rescinded in writing. Provides that the register of deeds will ensure that all those applying for a marriage license are issued a license after satisfying requirements in GS Chapter 51, Article 2 (Marriage Licenses).
Provides that if all magistrates in a jurisdiction have recused, that the chief district court judge must notify the Administrative Office of the Courts (AOC), after which the AOC must ensure that a magistrate is available in that jurisdiction to perform marriages for times required pursuant to GS 7A-292(b). Provides that the chief district court judge will be deemed a magistrate, for the purpose of performing marriages, during the time the AOC has not designated a magistrate in that jurisdiction.
Amends GS 14-230, concerning willfully failing to discharge duties, providing that magistrates that recuse themselves in accordance with new GS 51-5.5 cannot be charged with a Class 1 misdemeanor under GS 14-230 for recusal to perform marriages. Makes technical changes.
Amends GS 161-27, concerning the failure of a register of deeds to discharge duties, providing that registers of deeds that recuse themselves in accordance with new GS 51-5.5 cannot be charged with a Class 1 misdemeanor under GS 161-27 for recusal to issue marriage licenses. Makes technical changes.
Amends GS 7A-292, additional powers of magistrates, providing that any authority granted to magistrates under GS 51-1 and GS 7A-292(a) is a responsibility given to the collective magistrates in a county and is not a duty imposed on each individual magistrate. Provides that the chief district court judge must ensure that marriages to be performed by a magistrate are available to be performed at least a total of 10 hours per week, over at least three business days per week.
Provides language allowing any magistrate that resigned or was terminated from office between October 6, 2014, and the date this bill becomes law to apply to fill any vacant magistrate position. Further provides that magistrates that resigned as outlined above and that are reappointed within 90 days after this bill becomes law cannot receive compensation or earn leave for the time absent from their position but they will be considered to have been serving during that time period for purposes of determining continuous service, length of aggregate service, anniversary date, longevity pay, and accrual of vacation and sick leave. Also, for the purposes of the Teachers' and State Employees' Retirement System, the magistrate will be considered to have been employed under GS 135-1(10) during the break in service. Further states that the Judicial Department will pay and submit both the employee and employer contributions to the Retirement Systems Division as though the magistrate had been in active service. Provides a 90-day window of submittal after the magistrate's resumption of service.
Deletes GS 143B-426.40A(g), as the title indicates.
|Intro. by Hise.||GS 143B|
Requires a committee consisting of six senators and six representatives to notify Governor McCrory that the General Assembly is organized and ready to proceed with public business and to invite him to address a joint session of the General Assembly at 7:00 pm on February 4, 2015.
|Intro. by Apodaca.||JOINT RES|
Amends GS 135-48.40, as amended by Section 35.16 of SL 2014-100, by enacting new subdivision (1a) to GS 135-48.40(b) to make retirees who return to employment by the state in nonpermanent full-time positions eligible for partially contributory coverage under the State Health Plan for Teachers and State Employees (the Plan). Eligible retirees returning to state employment cannot qualify for partially contributory coverage under subdivision (1) of GS 135-48.40(b) (applies to permanent full-time state employees) and must be determined to be full-time employees as provided in section 4980H of the Internal Revenue Code and the applicable regulations, as amended. Directs the Department of State Treasurer, using a process developed by that Department, to reimburse an employing unit with the cost of providing coverage to an eligible retiree enrolled in the Plan. Requires that the reimbursement be made at least once per plan year and be paid from the Retiree Health Benefit Fund. Makes conforming changes to GS 135-48.40(e) and GS 135-48.41(j).
Effective July 1, 2015.
|Intro. by Tillman, Barefoot.||GS 135|
Amends GS 130A-248 by adding that a food stand may provide tables and chairs for customers to use while eating or drinking on the premises without obtaining a restaurant permit, unless the Department of Health and Human Services demonstrates that this type of seating poses a threat to public health and safety. Defines food stand as a food establishment holding a permit to prepare or serve food without seating facilities. Effective October 1, 2015.
|Intro. by Tillman.||GS 130|
The Daily Bulletin: 2015-01-28
As title indicates, revises the Town of Mount Gilead's charter and consolidates certain local acts related to town property, affairs, and government. Makes conforming repeals of specified session laws.
|Intro. by Goodman.||Montgomery|
As title indicates.
|Intro. by Torbett.||Gaston|
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute.Amends GS 115C-84.2(d) to provide the local board of education for the Alamance-Burlington Schools with additional flexibility in adopting its school calendar. Limits application of this provision to the Alamance-Burlington School System.
Applies beginning with the 2015-16 school year.
|Intro. by Riddell, S. Ross.||Alamance|
The Daily Bulletin: 2015-01-28
Repeals Section 1(a) of SL 2014-8, as amended by SL 2014-9, which prohibited a local board of education from filing any legal action under GS 115C-426, GS 115C-431, or GS 115C-432 challenging the sufficiency of the funds appropriated by the Union County Board of Commissioners to the local current expense fund, the capital outlay fund, or both (this provision was set to expire upon the adoption of the 2016-17 fiscal year budget by the Union County Board of Commissioners).
Repeals GS 115C-492(b)(2), as amended by SL 2014-9, which required the board of county commissioners to appropriate for the 2015-16 fiscal year at least an amount equal to the local current expense fund appropriation for the 2014-15 budget year plus (i) an inflationary increase based on the most recent annual consumer price index for all urban workers and (ii) any increase in the average daily membership in the local school administrative unit in the first 20 days of the school year from the prior school year, and at $19,786,024 for capital outlay.
Applies to Union County only.
|Intro. by Tucker.||Union|
Applies only to the City of Winston-Salem.
Amends GS 160A-301, providing that parking meters can be activated by coins, tokens, cash, credit cards, debit cards, or electronic means (previously, could only be activated by coins or tokens).
|Intro. by Krawiec.||Forsyth|
Actions on Bills: 2015-01-28
H 17: AMEND HOUSE TEMP RULES.
H 23: DES BOARD OF REVIEW.
H 27: REENACT EITC.
S 4: STATE OF THE STATE.
Actions on Bills: 2015-01-28
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