The Daily Bulletin: 2015-03-18

The Daily Bulletin: 2015-03-18

PUBLIC/HOUSE BILLS
H 13 (2015-2016) AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT. Filed Jan 28 2015, AN ACT TO REQUIRE EACH CHILD PRESENTED FOR ADMISSION INTO THE PUBLIC SCHOOLS FOR THE FIRST TIME TO SUBMIT PROOF OF A HEALTH ASSESSMENT; TO REQUIRE THAT ABSENCES DUE TO THE FAILURE TO PRESENT THE HEALTH ASSESSMENT TRANSMITTAL FORM NOT RESULT IN SUSPENSIONS AND TO ALLOW STUDENTS TO MAKE UP THE WORK MISSED; TO SPECIFY WHAT INFORMATION SHALL BE INCLUDED ON THE HEALTH ASSESSMENT TRANSMITTAL FORM AND WHO IS AUTHORIZED TO HAVE ACCESS TO THE FORM; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC INSTRUCTION TO AMEND THE HEALTH ASSESSMENT TRANSMITTAL FORM AND TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES AND TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE.

House amendment #1 makes the following changes to the 2nd edition.

Changes the long title.

Amends GS 130A-440 to provide that a child cannot be suspended for absences accrued for failure to present the required health assessment transmittal form after the termination of 30 calendar days. Also provides that the child will be allowed to make up any work missed pursuant to GS 115C-390.2(1).

Amends GS 130A-441 to provide that the health assessment transmittal forms are only open to inspection by the Department of Health and Human Services, the Department of Public Instruction, or their authorized representatives. Further requires the persons inspecting the forms to maintain the confidentiality of the forms.

Enacts new GS 115C-390.2(l), which requires boards of education policies to state that absences under GS 130A-440 concerning health assessments are not considered as suspensions. Requires students subject to such absences to be provided (1) the opportunity to take textbooks home for the duration of the absence; (2) the right to receive all missed assignments and, as much as practicable, the materials distributed to students in connection with assignments; and (3) the opportunity to take any quarterly, semester, or grading period examinations missed during the absence period. 

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

Amends GS 130A-440 to require the health assessment to be submitted in 60 (was, 30) days and provides that if a health assessment form has not been submitted, after proper notice of deficiency, after the termination of 60 calendar days (was, 30 days), then the principal cannot allow the child to attend school.

Amends GS 130A-441, concerning reporting requirements for health assessment results, requiring the principal to submit health assessment status reports within 90 days (was, 60 days) after the commencement of a new school year. 

Intro. by Torbett.GS 115C, GS 130A
H 41 (2015-2016) REV LAWS TECH CHANGES (NEW). Filed Feb 3 2015, AN ACT TO MAKE TECHNICAL AND CLARIFYING CHANGES TO VARIOUS REVENUE LAWS, AS RECOMMENDED BY THE REVENUE LAWS STUDY COMMITTEE.

Senate committee substitute makes the following changes to the 2nd edition.

Changes the short and long titles.

Under current law, North Carolina's tax law tracks many of the provisions of the federal Internal Revenue Code (IRC) by reference to the IRC.

Amends GS 105-228.90(b)(1b) to update the reference to the IRC from December 31, 2013, to January 1, 2015, thereby including any provisions of the IRC enacted as of January 1, 2015, that became effective before or after that date.

Amends GS 105-130.5B(c) and GS 105-153.6(c) to update and provide that for the purposes of those provisions, the definition ofsection 179 propertyhas the same meaning as under section 179 of the federal internal revenue code as of January 1, 2015 (was, January 2, 2013).

Decouples North Carolina's tax law from extensions under the federal Tax Increase Prevention Act of 2014 (TIPA) for the 2014 tax year. Amends GS 105-130.5B(c) and GS 105-153.6(c), regarding the adjustments made when the state decouples from federal accelerated depreciation and expensing, to provide that for the 2014 tax year, North Carolina tax law sets the deduction and investment limits of the enhanced section 179 expensing provision at $25,000 and $200,000.

Amends GS 105-153.5, modifications to adjusted gross income, adding new language that provides that in calculating the itemized deduction amount for taxable year 2014, when electing to take the income exclusion under section 408(d)(8) of the revenue code for qualified charitable distribution from an individual retirement plan, a person 70 1/2 years old or older can deduct the amount that would have been allowed as a charitable deduction under section 170 of the revenue code had the taxpayer not elected to take the income exclusion. Also adds that in calculating the itemized deduction amount for taxable year 2014, the amount allowed as a deduction for interest paid or accrued during the taxable year under section 163(h) of the Code with respect to any qualified residence must not include the amount for mortgage insurance premiums treated as qualified residence interest.

Additionally, amends GS 105-153.5, enacting new subsection (d), which provides that North Carolina tax law does not conform to the extension of: (1) the income exclusion for the discharge of qualified residence indebtedness as provided under the IRC and (2) the federal qualified tuition and expenses deduction for tax year 2014. Additionally, this act provides that North Carolina's tax law does not conform with the IRC provision that allows taxpayers who are age 70�_ or older to contribute up to $100,000 from their IRA to a charity tax free.

Effective when this act becomes law. Provides that any amendments to the IRC enacted after December 31, 2013, that increase North Carolina taxable income for the 2014 taxable year become effective for taxable years beginning on or after January 1, 2015.

Intro. by Howard, W. Brawley, Lewis, Setzer.GS 105, GS 153A, GS 160A
H 108 (2015-2016) SITE AND BUILDING DEVELOPMENT FUND. Filed Feb 24 2015, AN ACT TO CREATE A FUND TO PROVIDE LOANS TO LOCAL GOVERNMENT UNITS FOR THE DEVELOPMENT OF SITES AND BUILDINGS.

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

Deletes language in GS 143B-437.021 which exempted the required contracts with entities experienced in site selection services for business and business recruitment purposes from the provisions of GS Chapter 143, Article 3 or 3C.

Deletes provision which provided that the loans from the Fund are not subject to review and approval by the Local Government Commission under Article 8 of GS Chapter 159. Also deletes language providing for appropriations in the amount of $400,000 for the 2015-16 fiscal year from the General Fund to the Site and Building Development Fund and $600,000 from the General Fund to the Department of Commerce for fiscal year 2015-16 to be used to further assess state-owned buildings.

Adds language that provides that the act does not obligate the General Assembly to appropriate funds to implement any of the provisions included.

Intro. by Stam, Jeter, Waddell, S. Martin.GS 143B, GS 150B
H 146 (2015-2016) AMEND ADVANCE HEALTH CARE DIRECTIVES LAWS. Filed Mar 3 2015, AN ACT ELIMINATING THE NEED TO HAVE ADVANCE HEALTH CARE DIRECTIVES AND HEALTH CARE POWERS OF ATTORNEY SIGNED IN THE PRESENCE OF TWO WITNESSES AND ACKNOWLEDGED BEFORE A NOTARY PUBLIC, AND INSTEAD ALLOWING FOR EXECUTION BY EITHER SIGNATURE IN THE PRESENCE OF TWO WITNESSES OR ACKNOWLEDGMENT BEFORE A NOTARY PUBLIC.

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

Adds language to the notorization section of the sample Health Care Power of Attorney form found in GS 32A-25.1(a) and to the sample Advance Directive for a Natural Death form found in GS 90-321(d1). 

Intro. by Lambeth, Jones, Conrad, S. Ross.GS 32, GS 90
H 169 (2015-2016) RESTORE STATE CLAIM FOR WRONGFUL DISCHARGE (NEW) Filed Mar 5 2015, AN ACT TO RESTORE THE STATE TORT CLAIM FOR WRONGFUL DISCHARGE.

House committee substitute to the 1st edition makes the following changes. Adds Granville County to those counties where motor vehicle emissions inspections are no longer required under GS 143-215.107A.

Intro. by Hager, Presnell.Burke, Granville, Haywood, Rutherford, Surry, Wilkes, GS 143
H 173 (2015-2016) OMNIBUS CRIMINAL LAW BILL. Filed Mar 9 2015, AN ACT TO AMEND VARIOUS CRIMINAL LAWS FOR THE PURPOSE OF IMPROVING TRIAL COURT EFFICIENCY.

House amendment #1 makes the following changes to the 2nd edition.

Changes Part IX title to Doubling of Bond is Permissive Rather than Mandatory for Certain Defendants.

Intro. by Stam, Faircloth, Glazier, Turner.GS 7A, GS 8C, GS 14, GS 15, GS 15A, GS 20, GS 50, GS 50B, GS 122C, GS 143B
H 205 (2015-2016) INCREASE RETIREMENT AGE/JUDGES & MAGISTRATES. Filed Mar 10 2015, AN ACT TO INCREASE THE MANDATORY RETIREMENT AGE FOR JUDGES AND JUSTICES OF THE GENERAL COURT OF JUSTICE AND FOR MAGISTRATES, AND TO ALLOW JUDGES, JUSTICES, AND MAGISTRATES TO SERVE UNTIL THE END OF THE CALENDAR YEAR IN WHICH THEY ATTAIN THE AGE OF 75.

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

Changes the short and long titles.

Amends GS 7A-4.20 to provide that justices and judges of the General Court of Justice are required to retire at the age of 75 and cannot continue in office past the last day of December of the year in which they turned 75 (was, cannot continue past the last day of the month in which they turned 75). 

Amends GS 7A-170(b) to provide that magistrates cannot continue in office beyond the last day of December of the year in which they reach mandatory retirement age (was, cannot continue past the last day of the month in which they reach retirement age).

Amends GS 135-57(b), making technical deletions and conforming changes. 

 

 

Intro. by Schaffer, Daughtry.GS 7A, GS 135
H 271 (2015-2016) AMEND DANGEROUS DOG LAW. Filed Mar 17 2015, AN ACT TO AMEND THE LAW REGULATING THE OWNERSHIP OF DANGEROUS DOGS.

Amends GS 67-4.1 concerning definitions used in GS Chapter 67, Article 1A, Dangerous Dogs, deleting the definition for dangerous dog. Adds new definition for at-risk dog, which includes such behavior as engaging, without provocation, in any behavior that requires a defensive action by a human to avoid bodily injury. Changes the term "potentially dangerous dog" to "dangerous dog" and provides that a dog must have committed certain acts, without provocation, to meet this definition (previously, did not include the provocation language). Adds language that provides that the term "dangerous dog" also includes a dog determined to be a dangerous dog under GS 67-41.A(b). Adds and defines the following terms: serious injury and severe injury. Also adds and defines vicious dog. Makes various technical and clarifying changes to the list of exclusions from applicability of the provisions of GS Chapter 67, Article 1A, including that the provisions do not apply in regards to excessive barking or vocalization as long as the dog is not exhibiting other at-risk, dangerous, or vicious behaviors. Provides that county or municipal boards responsible for animal control must designate a person or board responsible for determining if a dog is an at-risk dog, a dangerous dog, or a vicious dog. Makes conforming changes. 

Enacts new GS 67-4.1A outlining procedures for at-risk dogs, providing that, after proper determination, appeals, and notification, the owner will be required to take appropriate steps to correct the behavior. Gives examples of ways to correct behavior, including successful completion of a dog behavior class or a similar program found acceptable. Further provides that if a dog previously determined to be an at-risk dog exhibits the same behavior a second time within 24 months, then the owner will be responsible for an infraction as defined in GS 14-3.1. Provides that after the above the animal control authority can designate the dog as a dangerous dog, subject to the specified hearings and appeals. Provides that if no at-risk behavior has occurred after 24 months have elapsed then the owner can apply to the animal control authority to have the designation removed.

Amends the catchline of GS 67-4.2 to be Precautions against attacks by vicious or dangerous dogs (was, Precautions against attacks by dangerous dogs). Makes clarifying changes and adds the term "vicious dog" to the provisions. Also include new provision providing it is unlawful to keep a vicious or dangerous dog on the premises without posting a sign within 30 days of the determination that the dog is dangerous or vicious in a conspicuous location outside of the property. Sets out appropriate language to be included on the sign. Requires dangerous dogs to be on a leash no longer than six feet. Makes conforming changes.

Enacts new GS 67-4.2A, Additional requirements for owners of vicious dogs, providing that it is unlawful for an owner to possess a vicious dog without the dog being registered as a vicious dog with the animal control authority and that it is unlawful for an owner to possess a vicious dog which has not been sterilized if appropriate.  Further provides that it is unlawful for a person under 18 years old to own, control, or be responsible for a vicious dog. Provides that violations of this section constitute a Class 3 misdemeanor.

Amends the catchline of GS 67-4.3 to be Penalty for attacks by vicious or dangerous dogs (previously did not include "vicious" in the title). Provides new provisions which make the owner guilty of a Class I felony if the dog which was previously determined to be vicious attacks a person and causes serious physical injury. Makes it a Class F felony when a dog previously determined to be vicious attacks a person and causes the victim's death; also requires such dog to be euthanized. Provides that it is a Class 1 misdemeanor if a dog previously determined to be dangerous attacks a person and causes physical injuries requiring medical treatment in excess of $1,000 (was, $100).

Makes conforming changes to GS 67-4.4, Strict Liability, providing that owners of vicious dogs are strictly liable for civil damages for injuries or property damage the dog inflicts on a person, his or her property, or another animal. 

Makes clarifying changes to GS 67-4.5, Local ordinances, providing that no local ordinances adopted for the control of dangerous dogs can be specific as to breeds, phenotypes, or appearance of the dogs.

Effective December 1, 2015, applying to offenses committed on or after that date.  

Intro. by R. Moore, Alexander, Lucas, Tine.GS 67
H 276 (2015-2016) AGENCY PARTICIPATION PROCEDURES ACT OF 2015. (NEW) Filed Mar 18 2015, AN ACT TO ENACT THE AGENCY PARTICIPATION PROCEDURES ACT OF 2015.

Amends GS 135-5.3 concerning optional participation of charter school operated by private nonprofits in the Retirement System for Teachers and State Employees (System) deleting language which only allowed charter school to elect to participate within 30 days after GS 135-5.3 became law. Deletes other language that  provided for only 30 days after parties signed the written charter pursuant to GS 115C-218.15 to elect to become a participating employer in the System. Adds new language providing that the board of directors of a charter school must elect whether to seek to become a participating employer in the System, pursuant to the provisions of GS Chapter 135, Article 1. Adds language that requires a charter school to undergo actuarial, financial, and legal review before being accepted as a participating employer. Requires the Board of Trustees of the System to accept the application from the charter school and the charter school to accept the withdrawal liability before the charter school can be considered a participating employer. Makes clarifying changes and deletes language that provided that the election to become a participating employer is irrevocable. Adds new language which allows the board of directors to elect to revoke its decisions to be a participating employer in the System. Sets out the process for electing such revocation, including making a lump sum payment of the withdrawal liability required in GS 135-8(i). 

Amends GS 120-114 to require the Fiscal Research Division to obtain an advisory letter from the Attorney General regarding eligibility for participation or an estimate of cost of the withdrawal liability owed if there is a bill or resolution contemplating the addition or removal of a public agency as a participating employer in the System or the Local Government Employees' Retirement System. Makes conforming changes to the catchline. 

Enacts new GS 135-8(i) and GS 128-30(i) requiring any employing unit that is allowed to cease participation in the System or the retirement system for counties, cities, and towns by the General Assembly, or as otherwise provided, to make a lump sum payment to the System equal to the actuarial present value of the additional liabilities imposed on the System as determined by the System's consulting actuary, plus an administrative fee determined by the Board of Trustees. 

Effective July 1, 2015.

Intro. by S. Ross, Gill, Goodman, McNeill.GS 120, GS 122B, GS 135
H 277 (2015-2016) RETIREMENT ADMIN. CHANGES ACT OF 2015.-AB Filed Mar 18 2015, AN ACT TO ENACT THE RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2015.

Sets the terms of office of the current members of the Supplemental Retirement Board of Trustees (Board) to expire on June 30, 2016. Requires Board members, effective for terms beginning July 1, 2016, to be appointed according to GS 135-96. Amends GS 135-96 to require, effective July 1, 2016, that the (1) General Assembly's appointments to be Board be for initial terms of three years, expiring June 30, 2019; (2) three of the Governor's appointments be for initial terms of one year, expiring June 30, 2017; and (3) three of the Governor's appointments be for initial terms of two years, expiring June 30, 2018. Upon the expiration of these terms, all member terms are for three years. Prohibits members from serving longer than any of the following: (1) two consecutive three-year terms; (2) three consecutive terms of any length if one of the terms is for less than three years or the member serves a partial term due to filling a vacancy; or (3) eight consecutive years, regardless of term lengths.

Enacts new GS 111-47.3 allowing the Department of State Treasurer to operate or contract for the operation of food or vending services at the Department's offices. Requires the net proceeds of revenue generated by food and vending services that are provided at the Department of State Treasurer by the agency or a vendor to be credited to the Division of Services for the Blind of the Department of Health and Human Services. 

Amends GS 147-69.2 to amend the guidelines for the investments that the State Treasurer is allowed to make for excess funds from the special funds listed in the statute, to also allow the investments to be made through registered investment companies; individual, common, or collective trust funds of banks and trust companies; group trusts and limited partnerships; or limited liability companies or other limited liability investment vehicles that invest primarily in investments authorized in the statute. Amends GS 147-77 to amend the exemptions from the requirements governing the deposit of state funds to require that the funds be deposited and reported whenever as much as $5,000 (was, $250) has been collected and received. Adds that each state agency that has custody of funds less than $5,000 must provide adequate safekeeping of the funds. 

Amends GS 135-1 to amend the definition of retirement under GS Chapter 135 (Retirement System for Teachers and State Employees; Social Security; State Health Plan for Teachers and State Employees) to add that volunteering in positions normally designated as unpaid bona fide volunteer positions during the six months immediately following the effective date of retirement is not considered service.

Amends GS 135-8 (concerning the Retirement System for Teachers and State Employees) and GS 128-30 (concerning the Retirement System for Counties, Cities and Towns) to require the relevant Board of Trustees to direct employers to submit information monthly as is necessary for proper administration of the system, actuarial valuation, and reporting under accounting standards set by the Governmental accounting Standards Board. Provides that employer submission of the information constitutes a certification of its accuracy. Further amends these statutes to add that if the employer fails to submit payment of any required contributions or payments to the Retirement Systems Division (other than the 1% late payment penalty provided for elsewhere in the statute) within 90 days after the date set by the Board of Trustees, the Board must notify the State Treasurer of its intent to collect the delinquent contributions and other payments due to the Retirement Systems Division (Division) and request an interception of state appropriations due to the participating employer. After the default notification to the State Treasurer and the Office of State Budget and Management, the Office of State Budget and Management is required to withhold an amount equal to the sum of all delinquent contributions and other debts due to the Division from any state appropriation due to that employer and transmit that amount to the Retirement Systems Division. Amends GS 115C-438 to require the State Board of Education, after notification by the Board of Trustees of the Teachers' and State Employees' Retirement System to the State Treasurer and the Office of State Budget and Management as to the default of the local school administrative unit, to withhold from any state appropriation due to the local school administrative unit an amount equal to the sum of all delinquent contributions and payments due to the Retirement Systems Division and requires that that amount be transmitted to the Retirement Systems Division.

Amends GS 150B-21.3A, concerning the periodic review and expiration of existing rules, to add that rules deemed by the Boards of Trustees under GS 128-28 and GS 135-6 to protect inchoate or accrued rights of members of the Retirement Systems administered by the State Treasurer do not expire as provided under the statute. Requires the Rules Review Commission to report annually to the  Joint Legislative Administrative Procedure Oversight Committee on rules that do not expire under this provision.

Amends GS 128-21 to add and define the terms regularly employed and temporary employment as used in the retirement system for counties, cities and towns.

Amends GS 135-91 to require the Supplemental Retirement Board of Trustees to authorize the State Treasurer to establish market‑oriented compensation plans for employees that have specialized skills or knowledge necessary for the proper administration of the Supplemental Retirement Plan, who will be exempt from the classification and compensation rules established by the Office of State Human Resources. Requires the design and administration of those compensation plans to be based on compensation studies conducted by a nationally recognized firm specializing in public fund investment compensation and requires the compensation and other associated benefits to be apportioned directly from the Plan. Amends GS 126-5 to add that except for specified statutes and specified Articles of GS Chapter 126, the provisions of GS Chapter 126 (North Carolina Human Resources Act) do not apply to employees of the Department of State Treasurer who have specialized skills or knowledge necessary to properly administer the Supplemental Retirement Plans and are compensated under GS 135-91(c) (giving the Department of State Treasurer and the Board of Trustees authority to adopt rules and regulations for the administration of the Plan).

Amends GS 135-5 (concerning the Retirement System for Teachers and State Employees) to add that a member who has contributions in the relevant system and who is not eligible for a retirement benefit as set forth in the specified statutory provision governing service retirement benefits must be paid his or her contributions in a lump sum by April 1 of the calendar year following the later of the calendar year in which the member (1) attains seventy and one half‑years of age or (2) has ceased to be a teacher or state employee except by death. Sets out the procedure for when a member fails to complete a refund application by the required date. Specifies that for the purposes of this provision, a member is not be considered to have ceased to be a teacher or state employee if the member is actively contributing to the Consolidated Judicial Retirement System, Local Governmental Employees' Retirement System, or Legislative Retirement System. Prohibits a lump sum refund from being paid if the member is actively contributing to one of those systems. Requires a member who has contributions in the relevant system and who is eligible for a retirement benefit as set forth in specified statutory provisions governing service retirement benefits to begin to receive a monthly benefit no later than April 1 of the calendar year following the later of the calendar year in which the member (1) attains seventy and one half‑years of age or (2) has ceased to be a teacher or state employee except by death. Sets out the procedure for when the member fails to complete the retirement process by the required beginning date. Sets out the statute governing the calculation and processes for a single life annuity. Provides that for the purposes of these provisions, a member is considered to have ceased to be a teacher or state employee if the member is actively contributing to the Consolidated Judicial Retirement System, Local Governmental Employees' Retirement System, or Legislative Retirement System. Prohibits a retirement benefit from being paid if the member is actively contributing to one of those systems. Sets out identical provisions for the Consolidated Judicial Retirement System in GS 135-74 and the Legislative Retirement System in GS 120-4.31.

Amends GS 135-5 and GS 128-27 to set the amount of the death benefit for the Retirement System for Teachers and State Employees and the Retirement System for Counties, Cities and Towns at $50,000 (was, the benefit was equal to the greater of one of two specified options, with a minimum benefit of $25,000 and a maximum benefit of $50,000). Makes conforming changes. Effective January 1, 2016.

Amends GS 135-5 and GS 128-24 to add that if a beneficiary of the Retirement System for Teachers and State Employees or the Retirement System for Counties, Cities and Towns who retired on an early or service retirement is reemployed by an employer participating in the Retirement System on a part‑time, temporary, interim, or on a fee-for-service basis during the six months immediately following the effective date of retirement, then the following option that has the lesser financial impact on the member is to be applied: (1) the member's retirement is deemed effective the month after the last month the member performed services for a participating employer, and the member must repay all retirement benefits paid up to the deemed effective date, provided the member thereafter has satisfied the six‑month separation or (2) the member must make a lump sum payment to the Retirement System equal to three times the amount of compensation earned during the six months immediately following the effective date of retirement.

Unless otherwise indicated, effective October 1, 2015. 

Intro. by S. Ross, Gill, Goodman, McNeill.GS 111, GS 115C, GS 120, GS 126, GS 128, GS 135, GS 147, GS 150B
H 278 (2015-2016) INCREASE SMALL BREWERY LIMITS. Filed Mar 18 2015, AN ACT TO INCREASE THE SMALL BREWERY LIMIT FROM TWENTY-FIVE THOUSAND BARRELS TO ONE HUNDRED THOUSAND BARRELS BEFORE THE BREWERY MUST USE A WHOLESALE DISTRIBUTOR TO DISTRIBUTE ITS PRODUCTS.

As title indicates.

Intro. by Speciale, Collins, Pittman, Lambeth.GS 18B
H 281 (2015-2016) RECORDS TO MEDICAL EXAMINER. Filed Mar 18 2015, AN ACT TO PROVIDE FOR THE DIVISION OF ADULT CORRECTION TO PROVIDE COPIES OF ALL RECORDS TO THE OFFICE OF THE CHIEF MEDICAL EXAMINER IN THE EVENT OF THE DEATH OF AN INMATE IN THE CUSTODY OF THE DIVISION.

Enacts new GS 148-10.5 requiring the Division of Adult Correction (Division), whenever an inmate dies while in the Division's custody, to provide copies of all records associated with the deceased to the Office of the Chief Medical Examiner (Examiner). Also requires any reports from investigations into the death conducted by the State Bureau of Investigation to be provided to the Examiner. States that no privacy considerations prevent the Examiner from obtaining copies of records directly from the Division. 

Intro. by L. Hall, Setzer, Cunningham, Pierce.GS 148
H 282 (2015-2016) STREAMLINE SEIZED VEHICLE DISPOSAL.-AB Filed Mar 18 2015, AN ACT TO AUTHORIZE THE DEPARTMENT OF ADMINISTRATION TO TOW, STORE, PROCESS, MAINTAIN, AND SELL MOTOR VEHICLES SEIZED PURSUANT TO G.S. 20-28.3; TO EXPAND THE AUTHORITY TO SELL VEHICLES SEIZED PURSUANT TO G.S. 20-28.3 THROUGH AN EXPEDITED SALE; AND TO MAKE RELATED CHANGES TO CHAPTERS 20 AND 143 OF THE GENERAL STATUTES.

Amends GS 20-28.2(a1) concerning the definitions for the forfeiture of vehicles for specified reasons, defining State Surplus Property Agency (Agency) as the Department of Administration.

Amends GS 20-28.3, making conforming and clarifying changes and providing that the Agency is not liable to the owner or lienholder for damage to or loss of the motor vehicle or its contents. Amends the expedited sale provisions for vehicles in certain cases, providing that the Agency, in addition to a county board of education, can sell any vehicle seized after 90 days from the date of the seizure or at any time with the consent of the owner and recover any costs associated with the sale (previously, did not allow the agency to conduct such sales and only allowed sales of cars with the fair market value of $1,500 or less and allowed county boards to sell a vehicle once storage costs surpassed 85% of the fair market value of the car). Updates statutory references.

Amends GS 20-28.5 concerning the forfeiture of impounded motor vehicle or funds, titling subsection (a) as Sale of Vehicle in Possession of County Board of Education, providing that the provisions of that subsection refer to the sale of motor vehicles that are in the possession or constructive possession of a county board of education. Enacts GS 20-28.5(a1) concerning the sale of a vehicle in the possession or constructive possession of the Agency, providing provisions and requirements of conducting such a sale, including that the vehicle must be sold at a public sale as specified that is conducted by the Agency or its designee. Requires notice to be given by first-class mail to registered owners and lienholders of the vehicle. Provides other notice requirements and provisions regarding the purchase of the vehicle by the lienholder. Prevents the Agency or its agents from selling or in any way transferring the vehicle to the vehicle owner or any person acting on his or her behalf. Provides that all proceeds of such sales must first be applied to all costs incurred by the Agency or county board of education. 

Amends GS 20-28.9, replacing references in the section to the Department of Public Instruction with references to the Agency, providing that the agency is authorized to enter into a contract for a statewide service or for regional services to tow, store, process, maintain, and sell motor vehicles per GS 20-28.3. Adds language that allows the Agency to enter into the specified contracts in certain regions of the state while performing the specified work itself in other regions of the state. Makes conforming changes. Deletes provision concerning administrative fees for the defrayment of administrative costs. 

Amends GS 143-64.02 the definitions section for Article 3A, Surplus Property, adding and defining the terms state owned and surplus property.

Amends GS 143-64.03 concerning the powers and duties of the Agency clarifying that the Agency has the authority to sell all state-owned supplies, materials, and equipment that are surplus or unused as well as all seized vehicles and other conveyances.

Amends GS 143-64.05 to provide that the Agency can assess and collect a service charge for the towing, storing, processing, maintaining, and selling of motor vehicles seized pursuant to GS 20-28.3. Makes technical changes.

Effective July 1, 2015. 

Intro. by Cleveland, R. Brown, Riddell.GS 20, GS 143
H 283 (2015-2016) PREVENT SQUATTING IN FORECLOSED REAL PROPERTY (NEW). Filed Mar 18 2015, AN ACT TO ENHANCE CRIMINAL PENALTIES FOR PERSONS WHO COMMIT A TRESPASS TO REAL PROPERTY BY REENTERING AFTER REMOVAL PURSUANT TO A VALID ORDER OR BY KNOWINGLY CREATING OR PRESENTING A FALSE DOCUMENT OF TITLE OR POSSESSION.

Identical to S 161, filed 3/3/15.

Amends GS 7A-10 to allow the Supreme Court to, by rule, hold sessions no more than twice annually in Morganton. Requires meeting in the Old Burke County Courthouse, unless a more suitable site is identified. 

Intro. by Blackwell.GS 7A
H 284 (2015-2016) Civil Contempt/Jury Duty Filed Mar 18 2015, AN ACT TO CLARIFY THAT IMPOSITION OF A FINE IS NOT AN ALLOWABLE SANCTION FOR CIVIL CONTEMPT AND TO PERMIT EXCUSED JURY DUTY FOR STUDENTS ATTENDING POSTSECONDARY SCHOOLS OUT OF STATE.

Amends GS 5A-21 as the title indicates. Applies to civil contempt orders entered on or after October 1, 2015. 

Intro. by Glazier, Stam.GS 5A
H 285 (2015-2016) FAIR AND LEGAL REDISTRICTING PROCESS. Filed Mar 18 2015, AN ACT TO CODIFY REDISTRICTING PRINCIPLES ESTABLISHED BY THE NORTH CAROLINA SUPREME COURT IN STEPHENSON V. BARTLETT.

Enacts new Article 12B, Redistricting, in GS Chapter 163. Requires that legislative districts: (1) must be single-member districts, (2) not be drawn to encompass a population that is more than 5% greater than the ideal population or more than 5% less than the ideal population (ideal population is defined in the act as the number determined by dividing the number of members in a plan into the population of the state as reported in the federal census), and (3) be compact and preserve communities of interest to the maximum extent possible. Specifies that the following apply with respect to the Whole County Provision: (1) majority‑minority districts required for compliance with section 2 of the federal Voting Rights Act of 1965 must be drawn before any other district; and requires the General Assembly, in drawing Voting Rights Act districts, to, to the maximum extent practicable, comply with the Whole County Provision and (2) after the drawing of districts required under subdivision (1) requires that districts shall be drawn as follows: (a) in every instance in which a single county has sufficient population to form one district, a district must be formed consisting entirely of that single county; (b) in every instance in which a single county can form two or more districts of sufficient population, those districts must be formed within that single county; (c) in every instance when contiguous whole counties can be grouped to form districts of sufficient population, the minimum number of counties to achieve sufficient population must be grouped; and (d) county boundaries within a grouping may be crossed to create a district, but only to the extent necessary to achieve sufficient population.

Requires that all United States House of Representatives districts be single‑member districts and that they be drawn as nearly equal as practicable to the ideal population.

Prohibits county commissioners, city councils, or local boards of education districts from being drawn to encompass a population that is more 5% greater than the ideal population or more than 5% less than the ideal population.

In addition to ideal population, the act defines minority-majority district, sufficient population, Voting Rights Act district, and Whole County Provision

Intro. by Jones.GS 163
H 286 (2015-2016) DENTAL HYGIENISTS/INTRAORAL LOCAL ANESTHETICS. Filed Mar 18 2015, AN ACT AMENDING THE DENTAL HYGIENE ACT TO AUTHORIZE PROPERLY TRAINED DENTAL HYGIENISTS TO ADMINISTER INTRAORAL LOCAL DENTAL ANESTHETICS UNDER THE DIRECT SUPERVISION OF A LICENSED DENTIST.

Amends GS 90-221, the definitions section for the Dental Hygiene Act, adding and defining the terms direct supervision and Board. Adds the administration of intraoral local dental anesthetics by infiltration and block techniques under direct supervision of a licensed dentist to the definition of dental hygiene for dental hygienists who have completed additional training and are certified. Makes technical and organizational changes. 

Amends GS 90-233(a1) making technical changes and conforming changes. 

Enacts new GS 90-233(a6) to provide that a dental hygienist who has completed an approved program can administer intraoral local dental anesthetics by infiltration and block techniques, but only under the proper direct supervision.

Enacts new GS 90-233.5 authorizing the NC State Board of Dental Examiners (Board) to approve any program that qualifies dental hygienists to administer intraoral local dental anesthetics. Such approval extends to the approval over the content of required courses, the length of training, and the nature of a subsequent preceptorship under a dentist licensed and practicing in North Carolina. Sets out minimum requirements that a certification program must meet in order to be certified by the Board, including that there is a faculty ratio of no greater than 1:4 for laboratory or clinical instruction. Includes provisions under which the Board may approve a dental hygienist to administer intraoral local dental anesthetics without completing an approved program as detailed above and sets out requirements that the hygienist must meet including having been qualified to administer intraoral local dental anesthetics in another state, country, or territory. Sets out yearly continuing competence requirements for approved dental hygienists, including that they have completed annual CPR certifications and at least two hours each year of Board-approved continuing education related to the administration of intraoral local dental anesthetics. Authorizes the Board to count the hours of continuing education towards the annual requirement or in addition to it. Adds language that provides for the administering of intraoral anesthetics under proper supervision of dentistry by GS 90-29(b)(6) and does not prohibit or limit the dental hygienist. 

Clarifies that the Board has full power to adopt rules consistent with governing provisions to implement and enforce the provisions of this act. 

Recodifies GS 90-233.1 as GS 90-233.10.

Reserves GS 90-233.1 through GS 90-233.4 for future codification purposes. 

Effective January 1, 2016.

Intro. by Jones.GS 90
H 287 (2015-2016) AMEND INSURANCE LAWS.-AB Filed Mar 18 2015, AN ACT TO ENHANCE AND IMPROVE CONSUMER PROTECTIONS AND TRANSPARENCY RELATED TO MOTOR VEHICLE MAINTENANCE AND REPAIRS, LONG‑TERM CARE INSURANCE, AND CONSENT TO RATE; TO STUDY VOLUNTEER FIREFIGHTER RECRUITMENT AND RETENTION EFFORTS; TO INCREASE THE CRIMINAL PENALTY FOR LARGE‑SCALE FRAUD COMMITTED BY AN INSURANCE FIDUCIARY AND STRENGTHEN COMMERCIAL AUTO RATE EVASION REFORM; TO MAKE VARIOUS TECHNICAL AND POLICY CHANGES TO NORTH CAROLINA'S CAPTIVE INSURANCE LAW PROVISIONS; TO ENABLE THE ESTABLISHMENT OF A STATE‑BASED PRIVATE FLOOD INSURANCE MARKET; TO ENABLE INSURERS TO RECEIVE RESTITUTION FROM CONVICTED DEFENDANTS; TO EXEMPT CERTAIN ACCOUNTABLE CARE ORGANIZATIONS FROM DEPARTMENT REGULATION; AND TO MAKE OTHER AMENDMENTS TO INSURANCE LAWS, AS RECOMMENDED BY THE DEPARTMENT.

Under current law, Article 89A of GS Chapter 58 is the North Carolina Professional Employer Organization Act (PEO). Amends GS 58-89A-60(d) to require that every applicant seeking a license or group license under this Article to provide professional employer services must provide the Commissioner of Insurance (Commissioner) with a complete set of fingerprints (was, also required submission of a recent photograph) for each officer, director, and controlling person in a form as prescribed by the Commissioner.

Amends GS 58-5-55(a) to require that all domestic non-stock insurance companies deposit their required statutory surplus with the Commissioner.

Amends GS 58-64-80 to modify the composition of the nine-member Continuing Care Advisory Committeeappointed by the Commissioner. Requires that there be two representatives of LeadingAge North Carolina (was, two representatives of the North Carolina Association of Nonprofits Homes for the Aging).

Amends GS 58-50-82(b)(1) to require that an insurer deliver requested information to the Commissioner no later than one day after the request was made (was, no later than one business day after the request was made). Effective January 1, 2016.

Amends GS 58-50-40(c) to make an insurance fiduciary who violates his or her fiduciary duty and causes the cancellation or non-renewal of a group health or group life insurance plan guilty of a Class C felony if the total value of the losses suffered is $100,000 or more or a Class H felony if the total value of the losses suffered is less than $100,000.

Amends GS 20-309(a) to permit proof of insurance to be satisfied by producing records of insurance in either physical or electronic format.

Amends GS 58-3-50, which requires companies to do business in their own name, emblem, insignia, and so forth except with limited exceptions requiring the approval of the Commissioner.

Enacts new GS 58-36-43 to authorize member companies writing private passenger automobile or homeowner's insurance to incorporate optional enhancements to their automobile and homeowners' programs that do not alter coverage under rate bureau jurisdiction. Sets out additional guidelines for the optional enhancements. Effective July 1, 2015, and applies to optional enhancements filed and approved after that date.

Authorizes the Department of Insurance to study and evaluate the need for and the expected impact of modernization in the Department's regulatory processes and requirements related to health insurance premium rate review. Includes the elements that the study must contain at minimum. Requires the Department to submit a report with its findings and recommendations to the 2015 General Assembly when it reconvenes in 2016. Provides that the report may include proposed legislation and any other recommendations necessitating legislative action. Authorizes the Commissioner to hire consultants to assist the Department in completing its duties in the study and the report. Appropriates $150,000 from the Insurance Regulatory Fund created under GS 58-6-25 to the Department for the 2015-16 fiscal year to conduct this study. Funds that are unspent and unencumbered as of June 30, 2017, will revert to the Regulatory Fund.

Except as otherwise noted, this act is effective when it becomes law.

Intro. by Setzer, Bumgardner.STUDY, GS 20, GS 58
H 288 (2015-2016) INSURANCE TECHNICAL CHANGES.-AB Filed Mar 18 2015, AN ACT TO MAINTAIN NAIC ACCREDITATION OF THE DEPARTMENT OF INSURANCE BY MAKING REVISIONS TO THE LAWS GOVERNING INSURANCE COMPANY HOLDING SYSTEMS, RISK‑BASED CAPITAL REQUIREMENTS FOR LIFE INSURERS, AND CORPORATE GOVERNANCE REQUIREMENTS FOR RISK RETENTION GROUPS; AND TO MAKE CONFORMING AND CLARIFYING CHANGES TO THE LAWS GOVERNING MOTOR VEHICLE FINANCIAL RESPONSIBILITY AND AUTO AND HOMEOWNERS' INSURANCE OPTIONAL PROGRAM ENHANCEMENTS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE.

Part I.

Amends GS 58-19-1 to make a clarifying change.

Recodifies specified subdivision of GS 59-19-5. Amends GS 58-19-5 to make technical and clarifying changes. Also adds and defines the terms enterprise risk, executive officer, forms A through F, and ultimate controlling person

Recodifies specified subsections and subdivisions of GS 58-19-5. Amends GS 58-19-5 to add that an agreement to merge with or acquire control of a domestic insurer must be submitted on Form A and expands on the information that must be included. Provides that for the purpose of the statute, domestic insurer includes any person controlling a domestic insurer, unless the Commissioner of Insurance (Commissioner) determines that the person is primarily engaged in business other than insurance. Specifies information that must be filed with the Commissioner by a controlling person of the domestic insurer seeking to divest its controlling interest in the insurer. Requires the acquiring person, for transactions subject to the statute, to file a pre-acquisition notification with the Commissioner and allows the Commissioner to require an expert opinion on the competitive impact of the acquisition at the acquiring person's expense. Adds requirements for the public hearing provisions if the proposed acquisition of control will require approval of the insurance commissioners of more than one state. Clarifies that the effectuation or attempt to effectuate an acquisition of control of, divestiture of, or merger with a domestic insurer is a violation of the statute unless the Commissioner has given approval of the acquisition, divestiture, or merger. Makes conforming changes.

Amends GS 58-19-25, concerning the registration of insurers, to specify the names of forms that must be used. Specifies that the registration statement is Form B and adds to the information that must be included. Specifies conditions under which a prior notification of an ordinary dividend or other ordinary distribution is deemed incomplete. Specifies the factors that the Commissioner must consider in reviewing dividends or other shareholder distributions.  Sets out further requirements for the termination of a registration. Allows an authorized insurer to file a registration statement on behalf of any affiliated insurer or insurers who are required to register; specifies items that may be included in the statement; specifies conditions under which specified items may be submitted in lieu of filing Form B. Amends and expands on the requirements for disclaimers of affiliation. Adds that failure to file an enterprise risk filing within the specified time is a violation of the statute. Requires, effective January 1, 2016, the ultimate controlling person of every insurer that must register to also file an annual enterprise risk report. Specifies the items that must be included in the report and how the report is to be filed. Makes clarifying changes. 

Recodifies portions of GS 58-19-30. Amends GS 58-19-30 to add to the standards governing transactions within an insurance holding company system to which an insurer subject to registration is a party to also require agreements for cost sharing services and management include provisions that are required by the Article or rules and regulations issued by the Commissioner. Specifies that amendments or modifications of affiliated agreements may not be entered into without notifying the Commissioner and specifies items that must be included in the notice. Specifies the timing of notice for all of the described transactions. Adds to the items that are considered reinsurance agreements or modifications. Specifies provisions governing management agreements, service contracts, and cost-sharing arrangements, including minimum content. Expands on the provisions governing whether an insurer's surplus is reasonable. Adds requirements for the content of requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders and prior notice of an ordinary dividend or any other ordinary distribution.

Amends GS 58-19-35 to provide that the Commissioner has the power to examine any registered insurer, its affiliates, or any acquiring party to ascertain the entity's financial condition, including the enterprise risk to the insurer by the ultimate controlling person, by any entity or combination of entities within the insurance holding company system, or by the insurance holding company system on a consolidated basis. Allows the Commissioner to order a registered insurer to produce information that is not in the insurer's possession and require payment of a penalty for failure to comply without a good reason. Also sets out the Commissioner's power to examine the affiliates, issue subpoenas, administer oaths, and conduct examinations. 

Enacts new GS 58-19-37 to give the Commissioner power to participate in any supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine insurer compliance. Sets out powers with respect to supervisory colleges. Includes provisions for payment of participation and for agreements of cooperation with other regulatory agencies.

Amends GS 58-19-40 to expand upon the information considered confidential and to expand upon the ways in which that information is to be protected. Sets out provisions governing testifying in private civil actions concerning protected information and sets out instances in which the Commissioner may share information. Sets out additional regulations concerning confidential information.

Amends GS 58-19-50 to provide that when it appears that a person has violated GS 58‑19‑15, preventing the full understanding of the enterprise risk to the insurer by the affiliates or by the insurance holding company system, the violation may serve as an independent basis for disapproving dividends or distributions and for placing the insurer under an order of supervision. 

Makes clarifying changes to GS 58-19-60.

Enacts new GS 58-19-75 setting guidance for using Forms A through F and for submitting the required information. Enacts new GS 58-19-80, stating that information required by the forms may be incorporated by reference to another item and sets out provisions governing filing exhibits. Enacts new GS 58-19-85 setting out the required content of documents to be filed when it is impractical to furnish required information at the time that it is required to be filed. Enacts new GS 58-19-90 allowing the Commissioner to request information beyond information required by the forms.

Amends GS 58-10-12(e) to make clarifying and conforming changes. 

Part II.

Amends GS 58-12-11(a) by amending the definition of the term company action level event to include filing of a risk-based capital report by a health or life insurer indicating that the insurer has total adjusted capital that (1) is greater than or equal to its company action level risk-based capital but less than three times its authorized control level risk-based capital (was, less than the product of its authorized control level risk-based capital and 2.5), and (2) has a negative trend. Makes technical changes. Effective January 1, 2017.

Part III. 

Amends GS 58-22-15 to add the requirement that risk-retention groups comply with the specified governance standards. Includes standards concerning the board of directors, service provider contracts, the required written policy in the plan of operation, adoption and disclosure of governance standards, business conduct and ethics, and the reporting of noncompliance. 

Part IV.

Unless otherwise indicated, effective July 1, 2015. 

 

Intro. by Setzer, Bumgardner.GS 58
H 289 (2015-2016) NC MONEY TRANSMITTERS ACT.-AB Filed Mar 18 2015, AN ACT TO ENACT THE NORTH CAROLINA MONEY TRANSMITTERS ACT AS REQUESTED BY THE OFFICE OF THE NORTH CAROLINA COMMISSIONER OF BANKS.

Enacts new Article 16B, the North Carolina Money Transmitters Act in GS Chapter 53. Sets out the terms and their definitions as they apply to the Article. Defines money transmission as engaging in the business of: (1) sale or issuance of payment instruments or stored value primarily for personal, family, or household purposes or (2) receiving money or monetary value for transmission or holding funds incidental to transmission within the United States or to locations abroad by any and all means, including payment instruments, stored value, wire, facsimile, or electronic transfer primarily for personal, family, or household purposes; specifies that this includes maintaining control of virtual currency on behalf of others.

Prohibits engaging in the business of money transmission without being licensed. Specifies that a person is considered to be engaged in the business of money transmission in this state if that person solicits or advertises money transmission services from a Web site that North Carolina citizens may access in order to enter into those transactions by electronic means. Specifies entities exempted from the licensing requirement. Allows licensees to authorize delegates to engage in money transmission on their behalf subject to an express written agreement, specifies content of the agreement, and requires licensees to maintain full charge, control, and supervision of any authorized delegate. Allows the Commissioner of Banks (Commissioner) to also exempt any person or transaction if the Commissioner finds that such action is in the public interest and regulation of the person or transaction is not necessary for the Article's purposes. 

Requires applications for licensure to be filed through the Nationwide Mortgage Licensing System and Registry (NMLS) and specifies information that must be included in the application. 

Requires applicants to possess and requires licensees to maintain a net worth of no less than $250,000. Allows the Commissioner to increase the amount if it is necessary to ensure safe and sound operation based on the consideration of nine specified factors. 

Requires applicants to post a surety bond and requires licensees to maintain a surety bond in the amount of $150,000. Sets out requirements for adjusting the amount of the bond. Sets out further provisions governing the bond.

Requires licensees to possess at all times unencumbered permissible investments that have an aggregate market value of no less than the aggregate face amount of all outstanding transmission obligations. Allows the requirement to be waived by the Commissioner under specified circumstances. Deems permissible investments to be held in trust for the benefit of the purchasers and holders of the licensee's outstanding payment instruments and stored value obligations in the event of bankruptcy. 

Requires the payment of a $1,500 application fee. Also requires licensees to pay an annual assessment with the amount dependent on the licensee's transmission dollar volume. 

Sets out the procedure for the Commissioner to follow in determining whether to grant a license. 

Prohibits licensees from performing specified acts. 

Requires licensees to maintain books, accounts, and other records the Commissioner requires for no less than three years and specifies what must be included in those records. Requires licensees to notify the Commissioner of any change in the location of records within 10 days.

Requires licensees to file annual and quarterly reports that include specified information. Failure to timely submit the reports is grounds for summary suspension.

Requires a licensee to notify the Commissioner within 15 days of a change or acquisition of control of a licensee. Requires a licensee to file a written report with the Commissioner within 15 days of the occurrence of four specified events related to bankruptcy, reorganization, revocation or suspension proceedings, or specified felony indictments or convictions. 

Sets out provisions governing the Commissioner's powers of investigation and examination of compliance.

Allows the Commissioner to deny, suspend, revoke, or refuse to issue a license or limit the manner in which a licensee or applicant engages in money transmission if it is in the public interest  and any of 12 specified circumstances exist, including that the licensee has conducted business in an unsafe or unsound manner, the licensee or applicant has violated or failed to comply with the Article or related rules or orders, or that the licensee fails to make any required report. 

Requires all administrative actions and hearings under the Article to proceed according to the requirements for administrative hearings under the Administrative Procedure Act. Sets out further details concerning the Commissioner's disciplinary authority.

Makes it a Class 1 misdemeanor to knowingly and willfully: (1) violate any provision of this Article for which a penalty is not specifically provided, (2) make a material, false statement in any document filed or required to be filed under this Article with the intent to deceive the recipient of the document, and (3) engage in the business of money transmission without a license. 

Makes all information or reports obtained by the Commissioner subject to confidential treatment. Allows the Commissioner to enter agreements or sharing arrangements with other governmental agencies or associations representing them and share otherwise confidential information, with limitations. 

Allows the State Banking Commission to adopt rules implementing the Article. Provides for appeals to the State Banking Commission. 

Deems any person subject to the Article as (1) consenting to the jurisdiction of the courts of this state for all actions arising under this Article and (2) appointing the Secretary of State as such person's agent for the purpose of accepting service of process in any action, suit, or proceeding that may arise under this Article. Deems the Commissioner to have complied with the requirements of law concerning service of process by mailing by certified mail any notice required or permitted to a person subject to this Article, postage prepaid and addressed to the last known address on file with the Commissioner.

Allows the Commissioner to require all persons subject to the Article to be licensed through NMLS and sets out additional requirements and allowances concerning NMLS. 

Includes a severability clause. 

Allows any person who holds a money transmitter's license in good standing issued by the Commissioner on or after November 1, 2014, to continue to engage in such business subject to the Article's requirements.

Repeals Article 16A of GS Chapter 53, Money Transmitter's Act. 

Effective October 1, 2015.  

Intro. by S. Ross, Jeter, Hardister.GS 53
H 290 (2015-2016) PROHIBIT POWDERED ALCOHOL. Filed Mar 18 2015, AN ACT TO PROHIBIT THE SALE, POSSESSION, OR CONSUMPTION OF POWDERED ALCOHOL AND TO CLARIFY THAT THE ADMINISTRATIVE PROCEDURE ACT APPLIES TO CERTAIN ACTIONS TAKEN BY THE ABC COMMISSION.

Amends GS 18B-101, which defines terms as they are used in GS Chapter 18B, Regulation of Alcoholic Beverages. Adds a definition for powdered alcohol, meaning any powder or crystalline substance capable of being converted into a liquid alcoholic beverage fit for human consumption.

Adds new subsection (a1) to GS 18B-102 to make it unlawful for any person to manufacture, sell, transport, import, deliver, furnish, purchase, consume, or possess powdered alcohol.

Effective May 1, 2015, amends GS 18B-906(a) to clarify that an ABC permit is a license within the meaning of the Administrative Procedure Act (GS 150B-2, Definitions) and an ABC Commission action on issuance, suspension (except supervision due to charging five or more people with specified criminal violations after an undercover operation), or revocation of an ABC permit, other than a temporary permit issued under GS 18B-905, is a contested case subject to the provisions of the APA except for the exceptions provided in GS 18B-906(a), as amended in this act. Amends GS 150B-38(a) to add a new subdivision: (7) The Alcoholic Beverage Control Commission bringing the Commission under Article 3A of GS Chapter 150B, governing other administrative hearings.

Except as otherwise indicated, this act becomes effective when it becomes law.

Intro. by GS 18B, GS 150B
H 291 (2015-2016) HAZ. MATERIALS IN SAFE DEPOSIT BOX.-AB Filed Mar 18 2015, AN ACT TO PROVIDE THE DEPARTMENT OF STATE TREASURER AUTHORITY IN THE HANDLING OF UNCLAIMED PROPERTY DETERMINED TO BE OF A HAZARDOUS NATURE OR WHICH IS OTHERWISE REGULATED, ILLEGAL, OR WHICH HAS NO SUBSTANTIAL COMMERCIAL VALUE AND TO PROVIDE GUIDANCE FOR THE PROPER HANDLING AND DISPOSITION OF THESE MATERIALS ON THE PART OF FINANCIAL ORGANIZATIONS.

Amends GS 116B-55 to prohibit the contents of a safe deposit box or other safekeeping depository from being delivered to the State Treasurer (Treasurer) if the Treasurer determines the contents of the box: (1) pose a potential public safety issue, (2) are specifically regulated by another agency or authority, (3) are illegal contraband, or (4) do not have substantial commercial value. Requires each financial organization to complete, verify, and return a form that provides identifying information for each item of property, including a good faith estimated value. Provides that if the Treasurer determines that an item of property satisfies one or more of the factors above, the Treasurer will either instruct the financial organization to place the property in the custody of the appropriate local, state, or federal authority or instruct the financial organization to destroy or otherwise dispose of the property. Specifies procedures for when property is delivered to the Treasurer and later determined to satisfy one of the factors above. Provides protection from liability for any loss due to the disposal of any of the box materials identified unless the loss is due to intentional misconduct.

Deletes provisions in GS 116B-70 concerning the destruction of property that has no substantial commercial value by the Treasurer.

Effective October 1, 2015. 

Intro. by Hurley.GS 116B
H 292 (2015-2016) BEACH BINGO LICENSES.-AB Filed Mar 18 2015, AN ACT TO REQUIRE A LICENSE TO OPERATE A BEACH BINGO GAME, TO AUTHORIZE THE STATE BUREAU OF INVESTIGATION TO CHARGE AND COLLECT THAT LICENSING FEE, AND TO MAKE IT A CRIMINAL OFFENSE TO VIOLATE THE BEACH BINGO LICENSING REQUIREMENTS.

Adds the following to GS 14-309.14, governing beach bingo. Prohibits operating a beach bingo game without a license; makes operating a game without a license a Class 2 misdemeanor. Sets out the procedure for obtaining a license from the Department of Public Safety (DPS), including paying a $300 application fee and $300 annual renewal fee. Effective December 1, 2015. Effective October 1, 2015, makes it a Class 2 misdemeanor to provide false information on a license application.

Allows DPS to take necessary actions to develop and implement the application process. Allows DPS to begin accepting applications, collect the application fee, and issue licenses beginning October 1, 2015.

Intro. by Hurley.GS 14
H 293 (2015-2016) ADOPTION LAW CHANGES. Filed Mar 18 2015, AN ACT TO MAKE VARIOUS CHANGES UNDER THE LAWS PERTAINING TO ADOPTION.

Enacts new GS 48-1-108A providing that the provisions of the Hague Adoption Convention control when the adoption is subject to the Convention.

Amends GS 48-1-109 to provide that if the petitioner for adoption moves to another state before the agency completes the report, the agency must require a report from a person or entity authorized to prepare home assessments for adoption proceedings under the laws in the petitioner's new state (deletes the requirement that the agency request a report pursuant to the Interstate Compact on the Placement of Children).

Amends GS 48-2-100 to provide that (c) (prohibiting this state's courts form exercising jurisdiction if at the time the adoption petition is filed, another state's court is exercising jurisdiction) does not apply if before the decree of adoption is granted (was, if within 60 days after the date the petition for adoption is filed) the other state's court dismisses its proceedings or releases its exclusive, continuing jurisdiction.

Amends GS 48-2-206 to allow a proceeding requesting the court to determine whether the consent of the biological father is required to be filed at any time after approximately three months from the date of conception (was, at any time after six months from the date of conception). Gives the biological father 30 (was, 15) days after service of notice of the biological mother's intent to place the child for adoption to assert a claim that his consent is required. Makes conforming changes. Provides that when the father notifies the court that he believes his consent is required and the petitioner makes a motion for the court to determine whether consent is required, the hearing must be set for a date no earlier than 60 days (was, no earlier than 60 days and no later than 70 days) after the father received the notice. 

Amends GS 48-2-401 to require that when notice of a petition for adoption is served by publication, the notice must state that the person served must file a response to the petition 40 days after the first publication of the notice (was, respond in 30 days no matter how notice was served).

Amends GS 48-3-202 to make clarifying changes.

Amends GS 48-3-301 to provide that a preplacement assessment is not required in an independent adoption when a prospective adoptive parent is one of the specified family members; clarifies that the list of of specified family members includes both full or half siblings.

Amends GS 48-3-603 to provide that consent to an adoption is not required of a person who has not executed a consent or a relinquishment and fails to respond to a notice of the proceedings within 40 days from the first publication when the service of the notice is by publication.

Amends GS 48-3-605 to allow a parent under the age of 18 to be identified to an individual authorized to administer oaths or take acknowledgments by affidavit of an adult relative of the minor parent, a teacher, a licensed professional social worker, or a health service provider. 

Amends GS 48-3-601 to modify the required content of the adoption consent to allow inclusion of the current mailing address of the individual executing the consent if they do not have a permanent address. Amends GS 48-3-703 to modify the required content of the relinquishment by a parent or guardian to allow inclusion of the current mailing address of the individual executing the relinquishment if they do not have a permanent address.

Intro. by Stevens.GS 48
H 294 (2015-2016) PROHIBIT CELL PHONE/DELINQUENT JUVENILE.-AB Filed Mar 18 2015, AN ACT TO MAKE IT A CRIMINAL OFFENSE TO PROVIDE A CELL PHONE TO A DELINQUENT JUVENILE IN CUSTODY OF THE DEPARTMENT OF PUBLIC SAFETY.

Amends GS 14-258.1 as the title indicates. Makes the offense a Class H felony. Effective December 1, 2015 and applies to offenses committed on or after that date.

Intro. by Boles.GS 14
H 295 (2015-2016) JUVENILE MEDIA RELEASE.-AB Filed Mar 18 2015, AN ACT TO PERMIT THE DIVISION OF JUVENILE JUSTICE OF THE DEPARTMENT OF PUBLIC SAFETY TO DETERMINE WHETHER IT IS APPROPRIATE TO RELEASE CERTAIN INFORMATION ABOUT AN ESCAPED DELINQUENT JUVENILE.

Amends GS 7B-3102(a) to require the Division of Juvenile Justice of the Department of Public Safety to, within 24 hours of the time a juvenile escapes from custody, determine the level of threat posed to the community by the escaped juvenile and if deemed appropriate release to the public the specified information (previously, did not require a level of threat determination).  Directs the Deputy Commissioner of Juvenile Justice or designee to make the level of threat determination.

 

Intro. by Boles.GS 7B
H 296 (2015-2016) OCC.LIC./AMEND FUNERAL SERVICE PRACTICE LAWS.-AB Filed Mar 18 2015, AN ACT AMENDING THE LAWS PERTAINING TO THE PRACTICE OF FUNERAL SERVICE.

To be summarized.

Intro. by Boles, Alexander.
H 297 (2015-2016) END MARKETING/SALE UNBORN CHILDREN BODY PARTS (NEW). Filed Mar 18 2015, AN ACT TO REQUIRE INFORMED CONSENT FOR THE DONATION OF THE REMAINS OF AN UNBORN CHILD; TO PROHIBIT THE SALE OF ANY ABORTED OR MISCARRIED MATERIAL OR REMAINS OF AN UNBORN CHILD RESULTING FROM AN ABORTION OR MISCARRIAGE; AND TO LIMIT THE USE OF STATE FUNDS FOR CONTRACTS PERTAINING TO TEEN PREGNANCY PREVENTION INITIATIVES AND PROJECTS.

To be summarized.

Intro. by Burr, Stevens.
H 298 (2015-2016) AMEND UNIFORM INTERSTATE FAMILY SUPPORT ACT.-AB Filed Mar 18 2015, AN ACT TO AMEND THE UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA).

To be summarized.

Intro. by Burr, Stevens.
H 299 (2015-2016) OCC.LIC./PRIVATE PROTECTIVE SVCS. ACT CHANGES-AB Filed Mar 18 2015, AN ACT TO MAKE VARIOUS CHANGES TO THE PRIVATE PROTECTIVE SERVICES ACT AND THE ALARM SYSTEMS LICENSING ACT AND TO CREATE CERTAIN FEES.

Amends GS 74C-5 to provide that the authority of the Private Protective Services Board includes power to conduct investigations regarding unlicensed activity and to issue cease and desist letters, with the concurrence of the Secretary of Public Safety (Secretary). Amends GS 74C-7 to provide that the Secretary's powers include the authority to investigate or cause to be investigated unlicensed individuals, as well as those who are licensed or to be licensed under GS Chapter 74C, providing those individuals are the subject of complaints, allegations or suspicions of wrongdoing, or violations of this Chapter.

Amends the requirements for private protective services licensing in GS 74C-8 to provide that in the event that a qualifying agent upon whom a business entity relies in order to do business ceases to perform his or her duties, the business entity must obtain a substitute qualifying agent within 90 (was, 30) days, unless the Private Protective Services Board(Board) extends the 90-day period, for good cause,for an additional 30 days upon the filing of a petition by the business entity and upon a hearing by the Board. Allows the Board to require the payment of a late fee for a business entity failing to obtain a substitute qualifying agent. Requires a license applicant to pay the initial fee and make the required Private Protective Services Education Fund (Fund) contribution within 90 days from the date the applicant receives notice of pending licensure approval unless the Board extends the 90-day period, for good cause, for an additional 30 days upon the applicant filing a petition and having a hearing by the Board.

Allows the Board to require an applicant, who fails to pay the initial license fee or fails to make a contribution to the Fund as required under this section to pay a late fee. Amends GS 74C-9 to set a $100 cap on the late feesauthorized above. Authorizes the Board to charge reasonable application and license fees for a firearm registration permit for all applicants and licensees subject to GS 74C-13 of no more than $50 and a fee for renewal, replacement, or reissuance for a firearm registration permit for all applicants and licensees subject to GS 74C-13 not to exceed $30.

Allows the board to grant a 90-day extension to a licensee, trainee, or registrant who is temporarily unable to complete the renewal application requirements because of a physical disability or medical condition. Provides specifications for the documentation necessary for the extension. Provides that any information provided under the documentation requirements is not considered a public record under GS Chapter 132.

Amends GS 74C-12 to also allow the Board to deny, suspend, or revoke a trainer certification. Amends GS 74C-13 to require a proprietary employer who employs an armed guard to submit an application to the Board and requires the employer to renew its license every two years.

Effective July 1, 2015.

Intro. by Burr, McNeill.GS 74C
H 300 (2015-2016) MODIFY SCHOOL PERFORMANCE GRADES. Filed Mar 18 2015, AN ACT TO MODIFY SCHOOL PERFORMANCE GRADES TO PROVIDE THAT ALL SCHOOLS RECEIVE A SCHOOL PERFORMANCE GRADE FOR SCHOOL ACHIEVEMENT AND A SCHOOL PERFORMANCE GRADE FOR SCHOOL GROWTH.

To be summarized.

Intro. by Riddell, Whitmire, L. Bell, S. Ross.
H 301 (2015-2016) ESCHEAT FUND MODIFICATIONS.-AB Filed Mar 18 2015, AN ACT TO MODIFY INVESTMENT AUTHORIZED FOR SPECIAL FUNDS HELD BY THE STATE TREASURER, AS REQUESTED BY THE STATE TREASURER.

To be summarized.

Intro. by Collins, S. Ross, Tine, Warren.
H 302 (2015-2016) STRENGTHEN OYSTER INDUSTRY. Filed Mar 18 2015, AN ACT TO STRENGTHEN AND PROTECT THE OYSTER INDUSTRY IN NORTH CAROLINA AND TO AMEND THE SEDIMENTATION POLLUTION CONTROL ACT TO EXEMPT ACTIVITIES TO RESTORE THE WETLANDS FUNCTION OF PRIOR CONVERTED CROPLAND.

To be summarized.

Intro. by Tine, McElraft, Millis, Harrison.
H 303 (2015-2016) DISPUTE RESOLUTION AMENDMENTS. Filed Mar 18 2015, AN ACT TO AMEND THE LAW REGARDING MEDIATED SETTLEMENT CONFERENCES IN SUPERIOR COURT, MEDIATION IN DISTRICT COURT DOMESTIC CASES, AND THE REGULATION OF MEDIATORS, TO ESTABLISH A DISPUTE RESOLUTION FUND FOR MONIES COLLECTED THROUGH THE EXISTING ADMINISTRATIVE FEE FOR THE CERTIFICATION OF MEDIATORS AND MEDIATION TRAINING PROGRAMS, AND TO MAKE IT UNLAWFUL TO FALSELY REPRESENT ONESELF AS A CERTIFIED MEDIATOR OR TO FALSELY REPRESENT A MEDIATOR TRAINING PROGRAM AS CERTIFIED.

To be summarized.

Intro. by Horn, Daughtry, Davis, Stevens.
H 304 (2015-2016) REVISIONS TO OUTDOOR ADVERTISING LAWS. Filed Mar 18 2015, AN ACT TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO ESTABLISH A REASONABLE TIMEFRAME FOR MAKING AGENCY DECISIONS REGARDING PERMITS AND APPEALS, TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION IN STATE AND LOCAL GOVERNMENT EMINENT DOMAIN ACTIONS THAT CAUSE THE REMOVAL OF LAWFULLY ERECTED OUTDOOR ADVERTISING, TO CLARIFY PROVISIONS OF THE OUTDOOR ADVERTISING CONTROL ACT, AND TO PROMOTE UNIFORMITY OF REGULATION AND MODERNIZATION OF OUTDOOR ADVERTISING.

Identical to S 320 filed on 3/17/15.

Makes revisions to laws pertaining to outdoor advertising as the title indicates.

Current law sets the fee for a selective vegetation removal permit issued under GS 136-18(5), (7), and (9) at $200. Amends GS 136-18.7 to set the fee for a selective vegetation permit for an outside advertising location issued under Article 11, Outdoor Advertising Control Act, of GS Chapter 136 at $600 for the initial three-year period listed in GS 136-133.4 and $200 for any subsequent three-year renewal period.

Amends GS 136-127, which states a declaration of policy as to the General Assembly's findings that outdoor advertising is an integral part of the business and marketing function and the rationale for supporting the reasonable use of property for outdoor advertising. Declares that it is the General Assembly's intent to provide a public policy and statutory basis for establishing a uniform statewide system for the regulation and control of outdoor advertising.

Amends GS 136-128 to add definitions for the following terms as used in Article 11, GS Chapter 136: (1)customary use, (2)changeable message sign, and (3) sign face. Makes clarifying changes to the definitions for erect andnonconforming sign. Makes additional organizational changes to the definitions as presented in this Article.

Under current law, GS 136-129 prohibits erecting or maintaining outdoor advertising within 660 feet of the nearest edge of the right-of-way of the interstate or primary highway systems in this state with specified exceptions in GS 136-129. Amends subdivisions (4) and (5) in this statute to provide exceptions from the limitations of outdoor advertising devices set by GS 136-129 for outdoor advertising that conforms with customary use, as defined in this act, and the rules and regulations promulgated by the Department of Transportation under GS 136-130, as amended in this act, providing that the outdoor advertising is located in areas zoned industrial or commercial by the state or a political subdivision of the state under authority of state law, or located in an industrial or commercial area that is not zoned.

Adds a new subsection (d) to GS 136-129.2 to provide that nothing in Article 11, GS Chapter 136, is to be construed to alter or supersede the requirements and limitations set out in Article 10, GS Chapter 113A, Control of Outdoor Advertising Near the Blue Ridge Parkway.

Makes technical corrections to GS 136-130 regarding the regulation of advertising. Adds new subsection (b) to set limitations on the Department of Transportation's (DOT) authority to deny or revoke any permit required under Article 11, GS Chapter 136, for the maintenance of existing outdoor advertising subject to this Article as a result of extensions of the interstate system or the primary systems, nor any other permit required under this Article, but provides exceptions that allow the DOT to revoke or deny permits for failure to comply with specified provisions of this Article.

Amends GS 136-131 to clarify the criteria for determining just compensation in state and local government eminent domain actions to remove existing outdoor advertising (was, nonconforming outdoor advertising). Identifies factors to be used in determining just compensation for lawfully erected outdoor advertising. Directs the DOT to minimize adverse impacts to the outdoor advertiser displaced by any condemnation by the DOT.

Makes additional changes to the provisions of Article 11 to further clarify the provisions of the Outdoor Advertising Control Act of GS Chapter 136 and to promote uniform regulation of and modernization of outdoor advertising in GS 136-131.2. Extends the statute’s provisions to prohibit local governments, without compensation, from regulating the maintenance, alteration, or relocation of any outdoor advertising for which a valid permit is in effect at the time of the action. Adds provisions allowing the addition of a sign face to a single-face sign. Adds provision allowing and governing the relations of an outdoor advertising adjacent to a highway on the National System of Interstate and Defense Highways or the Federal-aid Primary Highway System. Also adds provisions concerning the alteration of a sign into a changeable message sign.

Amends provisions regarding cutting or removing outdoor advertising vegetation, obtaining selective vegetation removal permits, and denial of a permit for proposed outdoor advertising. Adds a new section to Article 11 establishing a public notification plan to use changeable message signs to display notifications to the traveling public related to public safety and emergencies.

Amends GS 153A-143 regarding regulation of outdoor advertising by a county and GS 160A-199 regarding regulation of outdoor advertising by a city to prohibit making development approval contingent on advertising without compensation and to define what is included in monetary compensation.

Requires that the DOT, no later than 12 months after the effective date of this act (effective when the act becomes law), to adopt rules to implement the provisions of this act. Sets out the procedure that the DOT is to use to adopt the rules to implement this act.

Includes a severability clause  to provide that if any provisions of the proposed act or its application are held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.

This act is effective when it becomes law and applies to (1) applications for permits received on or after that date, (2) determinations of just compensation made on or after that date, (3) appeals filed on or after that date, and (4) changes to the agreement made on or after that date. Also applies to outdoor advertising that has not been removed as of that date.

Intro. by Hager, Collins, J. Bell, Hanes.GS 136, GS 153A, GS 160A
H 305 (2015-2016) JUMP-START BUSINESSES/NEW MARKETS TAX CREDIT. Filed Mar 18 2015, AN ACT TO ENACT THE NEW MARKETS JOBS ACT AND THE JUMP-START OUR BUSINESS START-UPS ACT.

Part I.

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 part, proposed Article 3L, applies to qualified equity investments made on or after July 1, 2015.

Part II.

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.

Requires the Secretary of State 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 the bill becomes law, expiring 12 months after the effective date of the act.  Requires that any rule adopted more than 12 months after the effective date of the act comply with the requirements of Article 2A of GS Chapter 150B. Effective 12 months after the effective date of the act and expires on July 1, 2017.

Intro. by R. Moore, Hanes, C. Graham, Hamilton.GS 78A, GS 105
H 306 NC CANCER TREATMENT FAIRNESS. Filed Mar 18 2015, AN ACT RELATING TO HEALTH BENEFIT PLAN COVERAGE FOR ORALLY ADMINISTERED ANTICANCER DRUGS.

Enacts new GS 58-3-282, concerning coverage for certain anticancer drugs, applicable to every health benefit plan offered by an insurer that provides coverage for prescribed, orally administered anticancer drugs that are used to kill or slow the growth of cancerous cells and that provides coverage for intravenously administered or injected anticancer drugs, requiring that such plans must provide coverage for prescribed, orally administered anticancer drugs on a basis no less favorable than the coverage provided for the intravenously administered or injected anticancer drug.

Prohibits coverage for orally administered anticancer drugs from being subject to prior authorization, dollar limit, co-payment, coinsurance, deductible provision, or any other out-of-pocket expense that does not apply to intravenously administered or injected anticancer drugs.

Prohibits achieving compliance by reclassifying drugs or increasing cost-sharing expenses imposed on anticancer drugs. Provides that if out-of-pocket expenses are increased for anticancer drugs then the same must also be applied to the majority of comparable medical or pharmaceutical benefits of the policy, contract, or plan.

Applies to insurance contracts issued, renewed, or amended on or after January 1, 2016. However, provides that it does not become effective if the act is determined by the federal government to create a state-required benefit that is in excess of the essential health benefits pursuant to 45 CFR 155.170(a)(3).

Intro. by Lewis, L. Hall, Avila, Lambeth.GS 58
H 308 (2015-2016) CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN. Filed Mar 18 2015, AN ACT TO AMEND THE LAWS PERTAINING TO THE MEDICAL SUPPORT AND HEALTH INSURANCE COVERAGE RELATING TO CHILD SUPPORT TO ALIGN STATE LAW WITH FEDERAL GUIDELINES THAT NO LONGER INCLUDE THE PROVISION THAT EMPLOYER-PROVIDED GROUP HEALTH INSURANCE IS AUTOMATICALLY CONSIDERED "REASONABLE" AND TO MODIFY THE LONG-TERM CARE OMBUDSMAN PROGRAM TO CONFORM WITH FEDERAL GUIDELINES.

To be summarized.

Intro. by Stevens, Glazier, Davis.
H 309 (2015-2016) GOT NATURAL MILK. Filed Mar 18 2015, AN ACT ALLOWING THE DISPENSING OF RAW MILK AND RAW MILK PRODUCTS TO INDEPENDENT OR PARTIAL OWNERS OF LACTATING ANIMALS FOR PERSONAL USE OR CONSUMPTION.

Amends GS 106-266.35(b) adding the term "sale" to the definition of sold and limiting the definition to exclude the transfer, dispensing, or acquisition of raw milk and raw products to the independent or partial owner of a cow, goat, or other lactating animal.

Amends GS 106-266.35 adding subsection (d) allowing the dispensing of raw milk or raw milk products for personal use by an independent or partial owner of a cow, goat or other lactating animal.

Makes conforming changes.

Effective October 1, 2015.

Intro. by Riddell, Queen, Harrison, McGrady.GS 106

The Daily Bulletin: 2015-03-18

PUBLIC/SENATE BILLS
S 320 (2015-2016) REVISIONS TO OUTDOOR ADVERTISING LAWS. Filed Mar 17 2015, AN ACT TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO ESTABLISH A REASONABLE TIMEFRAME FOR MAKING AGENCY DECISIONS REGARDING PERMITS AND APPEALS, TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION IN STATE AND LOCAL GOVERNMENT EMINENT DOMAIN ACTIONS THAT CAUSE THE REMOVAL OF LAWFULLY ERECTED OUTDOOR ADVERTISING, TO CLARIFY PROVISIONS OF THE OUTDOOR ADVERTISING CONTROL ACT, AND TO PROMOTE UNIFORMITY OF REGULATION AND MODERNIZATION OF OUTDOOR ADVERTISING.

Makes revisions to laws pertaining to outdoor advertising as the title indicates.

Current law sets the fee for a selective vegetation removal permit issued under GS 136-18(5), (7), and (9) at $200. Amends GS 136-18.7 to set the fee for a selective vegetation permit for an outside advertising location issued under Article 11, Outdoor Advertising Control Act, of GS Chapter 136 at $600 for the initial three-year period listed in GS 136-133.4 and $200 for any subsequent three-year renewal period.

Amends GS 136-127, which states a declaration of policy as to the General Assembly's findings that outdoor advertising is an integral part of the business and marketing function and the rationale for supporting the reasonable use of property for outdoor advertising. Declares that it is the General Assembly's intent to provide a public policy and statutory basis for establishing a uniform statewide system for the regulation and control of outdoor advertising.

Amends GS 136-128 to add definitions for the following terms as used in Article 11, GS Chapter 136: (1) customary use, (2) changeable message sign, and (3) sign face. Makes clarifying changes to the definitions for erectand nonconforming sign. Makes additional organizational changes to the definitions as presented in this Article.

Under current law, GS 136-129 prohibits erecting or maintaining outdoor advertising within 660 feet of the nearest edge of the right-of-way of the interstate or primary highway systems in this state with specified exceptions in GS 136-129. Amends subdivisions (4) and (5) in this statute to provide exceptions from the limitations of outdoor advertising devices set by GS 136-129 for outdoor advertising that conforms with customary use, as defined in this act, and the rules and regulations promulgated by the Department of Transportation under GS 136-130, as amended in this act, providing that the outdoor advertising is located in areas zoned industrial or commercial by the state or a political subdivision of the state under authority of state law, or located in an industrial or commercial area that is not zoned.

Adds a new subsection (d) to GS 136-129.2 to provide that nothing in Article 11, GS Chapter 136, is to be construed to alter or supersede the requirements and limitations set out in Article 10, GS Chapter 113A, Control of Outdoor Advertising Near the Blue Ridge Parkway.

Makes technical corrections to GS 136-130 regarding the regulation of advertising. Adds new subsection (b) to set limitations on the Department of Transportation's (DOT) authority to deny or revoke any permit required under Article 11, GS Chapter 136, for the maintenance of existing outdoor advertising subject to this Article as a result of extensions of the interstate system or the primary systems, nor any other permit required under this Article, but provides exceptions that allow the DOT to revoke or deny permits for failure to comply with specified provisions of this Article.

Amends GS 136-131 to clarify the criteria for determining just compensation in state and local government eminent domain actions to remove existing outdoor advertising (was, nonconforming outdoor advertising). Identifies factors to be used in determining just compensation for lawfully erected outdoor advertising. Directs the DOT to minimize adverse impacts to the outdoor advertiser displaced by any condemnation by the DOT.

Makes additional changes to the provisions of Article 11 to further clarify the provisions of the Outdoor Advertising Control Act of GS Chapter 136 and to promote uniform regulation of and modernization of outdoor advertising in GS 136-131.2. Extends the statute's provisions to prohibit local governments, without compensation, from regulating the maintenance, alteration, or relocation of any outdoor advertising for which a valid permit is in effect at the time of the action. Adds provisions allowing the addition of a sign face to a single-face sign. Adds provision allowing and governing the relations of an outdoor advertising adjacent to a highway on the National System of Interstate and Defense Highways or the Federal-aid Primary Highway System. Also adds provisions concerning the alteration of a sign into a changeable message sign.

Amends provisions regarding cutting or removing outdoor advertising vegetation, obtaining selective vegetation removal permits, and denial of a permit for proposed outdoor advertising. Adds a new section to Article 11 establishing a public notification plan to use changeable message signs to display notifications to the traveling public related to public safety and emergencies.

Amends GS 153A-143 regarding regulation of outdoor advertising by a county and GS 160A-199 regarding regulation of outdoor advertising by a city to prohibit making development approval contingent on advertising without compensation and to define what is included in monetary compensation.

Requires that the DOT, no later than 12 months after the effective date of this act (effective when the act becomes law), to adopt rules to implement the provisions of this act. Sets out the procedure that the DOT is to use to adopt the rules to implement this act.

Includes a severability clauseto provide that if any provisions of the proposed act or its application are held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.

This act is effective when it becomes law and applies to (1) applications for permits received on or after that date, (2) determinations of just compensation made on or after that date, (3) appeals filed on or after that date, and (4) changes to the agreement made on or after that date. Also applies to outdoor advertising that has not been removed as of that date.

Intro. by Brown, Rabon, Tarte.GS 136, GS 153A, GS 160A
S 323 (2015-2016) JUDICIAL STANDARDS COMMISSION JURISDICTION. Filed Mar 18 2015, AN ACT TO CLARIFY THAT THE JUDICIAL STANDARDS COMMISSION HAS THE EXCLUSIVE JURISDICTION AND AUTHORITY TO DISCIPLINE JUDGES AND JUSTICES OF THE GENERAL COURT OF JUSTICE.

Amends GS 84-23(a) and GS 7A-374.1 as the title indicates. Makes a conforming change to GS 84-28(a). Effective when this act becomes law and applies to orders or decisions entered on or after that date.

Intro. by Cook.GS 7A, GS 84
S 324 (2015-2016) BUILDING CODE REG. REFORM. Filed Mar 18 2015, AN ACT TO REFORM BUILDING CODE ENFORCEMENT TO PROMOTE ECONOMIC GROWTH BY CONFORMING WORK IN PROGRESS INSPECTION AUTHORITY TO RECENTLY ENACTED INSPECTION LIMITATIONS, BY REQUIRING THE BUILDING CODE COUNCIL TO STUDY THE ALTERNATE METHODS APPROVAL PROCESS, BY CLARIFYING THE DEFINITION OF OFFICIAL MISCONDUCT FOR CODE OFFICIALS, BY ELIMINATING MANDATORY PLAN REVIEW FOR RESIDENTIAL STRUCTURES, BY RAISING THE THRESHOLD FOR REQUIREMENT OF A BUILDING PERMIT, BY CREATING THE BUILDING CODE COUNCIL RESIDENTIAL CODE COMMITTEE, BY REQUIRING INTERNET POSTING OF CERTAIN COUNCIL DECISIONS AND INTERPRETATIONS, BY CLARIFYING THAT INSPECTION FEES COLLECTED BY CITIES AND COUNTIES MAY ONLY BE USED TO SUPPORT THE INSPECTION DEPARTMENT, AND BY REQUIRING THAT INSPECTIONS BE PERFORMED IN FULL AND IN A TIMELY MANNER AND INSPECTION REPORTS TO INCLUDE ALL ITEMS FAILING TO MEET CODE REQUIREMENTS.

Identical to H 255, filed 3/17/15.

Amends GS 153A-360 and GS 160A-420 to provide language that ensures compliance with requirements that the North Carolina Building Code Council (Council) must approve or disapprove requests from a county or city for additional inspections of buildings or structures constructed in compliance with the North Carolina Residential Code for One- and Two-Family Dwellings. 

Directs the Council to study procedures and policies for the approval of alternative materials, designs, or methods. Sets out three elements that must be covered in the study, including the alternate methods application process. Provides for staff support to come from the Engineering Division of the Department of Insurance. Requires the Council to submit findings and recommendations to the 2016 Regular Session of the 2015 General Assembly. 

Enacts new GS 143-151.8(c) in the definitions section for Article 9C, North Carolina Code Officials Qualification Board, setting out and defining the terms willful misconduct and gross negligence or gross incompetence, setting out conduct or actions that are included, such as the habitual failure to provide requested inspections in a timely manner. Requires the North Carolina Code Officials Qualification Board, no later than October 1, 2015, to notify all Code enforcement officials in the state of the clarification to the grounds for disciplinary action enacted by this act. 

Amends GS 143-138(b5) to provide that no building permit is required under the NC Building Code (Code) or any local variance approved under subsection (e) for construction, installation, repair, replacement, or alteration costing $10,000 (was, $5,000) or less in any single family residence or farm building unless specified work is performed. 

Recodifies GS 153-357(a2), concerning permits, as GS 153-357(a3) (appears to intend GS 153A-357). 

Amends GS 153A-357 concerning permits, making organizational and technical changes and providing that counties must review and approve building plans submitted for any nonresidential structure pursuant to the Code (previously, did not require but allowed a county to review and approve residential building plans submitted). Adds new language that provides that a county cannot require that it review and approve plans for the construction of structures subject to the Code for One- and Two-Family Dwellings, except that the county can require building plans to be available on site during the inspection process. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $10,000 (was, $5,000) or less in any single-family residence or farm building unless specified work is performed.

Recodifies GS 160-417(a2), concerning permits, as GS 160-417(a3) (appears to intend GS 160A-417).

Amends GS 160A-417, concerning permits, making organizational and technical changes and providing that cities must review and approve building plans submitted for any nonresidential structure pursuant to the Code (previously, did not require but allowed a county to review and approve residential building plans submitted). Adds new language that provides that a city cannot require that it review and approve plans for the construction of structures subject to the Code for One- and Two-Family Dwellings, except that the city can require building plans to be available on site during the inspection process. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $10,000 (was, $5,000) or less in any single-family residence or farm building unless specified work is performed. 

Enacts new GS 143-136(c) to create a Residential Code for One- and Two-Family Dwellings Committee (Committee) within the Building Code Council. Provides that the membership will be five specific members of the Council and that the licensed general contractor specializing in residential construction will serve as chair of the committee. Provides that the Committee is tasked with reviewing revisions or amendments to the Residential Code for One- and Two-Family Dwellings and that such changes can only be considered by the Council after recommendation by the Committee. Provides further responsibilities of the Committee, including considering appeals or interpretations arising under GS 143-141 and overseeing the process by which the Council conducts revisions pursuant to GS 143-138(d). 

Amends GS 143-138(d) making a conforming change and deleting language that required the Council to post appeal decisions and formal opinions on the Council's website. 

Enacts new GS 143-141(c1) requiring the Department of Insurance to post and maintain on its website, in the areas devoted to the Council, all appeal decisions, interpretations, and variations of the Code issued by the Council within three business days of issuance. Amends GS 143-138.1(b) to establish that the Department of Insurance must post and maintain, on its website in the areas devoted to the Council, written commentaries and interpretations made and given by Council staff and the Department for each section of the Code within three business days of issuance. 

Amends GS 153A-354 and GS 160A-414, concerning financial support of county and city inspection departments, to provide that all fees collected pursuant to the provisions of the respective sections must be used for supporting activities of the inspection department.

Amends GS 153A-352 and GS 160A-412 concerning the duties and responsibilities of county and city inspectors and inspection departments, clarifying that they include making necessary inspections in a timely manner. Adds new language that requires inspectors to conduct full inspections and provide permit holders with complete lists of all items that fail to meet the requirements of the Code for One- and Two-Family Dwellings. 

Effective July 1, 2015.  

Intro. by Brock, Clark.STUDY, GS 143, GS 153, GS 153A, GS 160, GS 160A
S 325 (2015-2016) STATE AUDITOR/STATUTORY CHANGES.-AB Filed Mar 18 2015, AN ACT TO ENACT VARIOUS STATUTORY CHANGES AS REQUESTED BY THE STATE AUDITOR.

Amends GS 93B-4 to provide that the books, records, and operations of each occupational licensing board is subject to the audit authority (was, oversight) of the State Auditor under Article 5A of GS Chapter 147.

Amends GS 147-64.9 to provide that the Auditor may (was, shall) make and enforce reasonable rules and regulations as are necessary for the operation of the office of the auditor.

Amends GS 147-64.4 to clarify the definition for the word audit may include all four elements (was, three elements) listed in this definition, only one element, or any combination of the four listed elements. Adds as a fourth possible element of an audit: "information systems." Further declares that it is neither intended nor desirable that every audit include all four elements.

Amends GS 143C-6-23(d) to add subdivision (8a), which requires grantees and sub-grantees to display the State Auditor's Hotline information in a conspicuous location at their place or places of business.

Amends GS 147-64.7(a), which authorizes the State Auditor and the Auditor's authorized representative to have access to persons and records of state agencies to clarify that the production of documents or information required under this section is not a waiver or impairment of the attorney/client or attorney/work product privileges.

Effective October 1, 2015.

Intro. by J. Davis.GS 93B, GS 143C, GS 147
S 326 (2015-2016) LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS. (NEW) Filed Mar 18 2015, AN ACT REVISING THE CONDITIONS UNDER WHICH COUNTIES AND CITIES MAY INSPECT BUILDINGS OR STRUCTURES.

Amends Section 15.19(a1) of SL 2013-360 to provide that for fiscal biennium 2013-15, the maximum total liability for grants awarded, including amounts transferred to the Utility Account, for the Job Development Investment Grant Program will be $27.5 million (was, $22 million). Makes technical and organizational changes. 

Intro. by Gunn, Meredith, Apodaca.UNCODIFIED
S 327 (2015-2016) ALLOW PRIZE-LINKED SAVINGS ACCOUNTS. Filed Mar 18 2015, AN ACT TO ALLOW BANKS TO CONDUCT SAVINGS PROMOTION RAFFLES.

Amends GS 14-309.15 to also allow banks, savings and loan associations, and savings banks to conduct savings promotion raffles pursuant to the specified statutes.

Enacts the following new sections concerning savings promotion raffles for the specified financial entities: GS 53C-6-20 (banks), GS 54B-140 (savings and loan associations), and GS 54C-180 (savings banks), providing that banks, savings and loan associations, and savings banks can offer savings promotion raffles wherein the sole consideration required for a chance to win the designated prizes is the deposit of a minimum specified amount of money in a savings account or other savings program. Requires the respective entities to maintain sufficient records to facilitate an audit of the promotion, conduct the raffle in a safe and sound manner, and fully disclose all terms and conditions of the promotion to account holders and prospective account holders.

Intro. by Gunn, Ford.GS 14, GS 53C, GS 54B, GS 54C
S 328 (2015-2016) COMMUNITY COLLEGE AUDITS. Filed Mar 18 2015, AN ACT TO MODIFY THE COMMUNITY COLLEGES PROGRAM AUDITING FUNCTION.

Repeals Section 10.15(a) of SL 2013-360, which repealed subsection (m) of GS 115D-5 regarding the auditing function of community college programs.

Instead, amends GS 115D-5(m) as the title indicates. Directs the Office of the State Auditor (was, the State Board of Community Colleges) to maintain an accountability (was, education program auditing) function. Replaces the requirement for an annual audit with a requirement for periodic reviews of each community college operating under the provisions of GS Chapter 115D. Provides that the compliance review (was, annual audit) is to ensure: (1) accurate reporting to the Systems Office of data used to allocate state funds among community colleges and (2) that community colleges are consistent with the law in their charging and waiving of tuition and registration fees. Provides additional criteria to be followed in conducting the compliance reviews. Directs the State Board of Community Colleges to adopt rules governing the frequency, scope, and standard of materiality for compliance reviews. Effective July 1, 2015, applying to compliance reviews beginning with the 2015-16 academic year.  

Amends GS 115D-58.16 to require community colleges to contract with the State Auditor to perform the required financial audit (previously, allowed community colleges to also contract with a certified public accountant). Provides that the community colleges must use state funds to pay for the contracts (previously, allowed but did not require the use of state funds). Effective July 1, 2015, applying to compliance reviews beginning with the 2015-16 academic year.  

Intro. by J. Davis.GS 115D
S 329 (2015-2016) ECON. DEV./RENEWABLE ENERGY CREDIT. Filed Mar 18 2015, AN ACT TO EXTEND THE TAX CREDIT FOR RENEWABLE ENERGY PROPERTY.

Amends GS 105-129.16A concerning the tax credit for investing in renewable energy property, extending the sunset date until January 1, 2020 (was, January 1, 2016). 

Intro. by D. Davis.GS 105
S 330 (2015-2016) CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS. Filed Mar 18 2015, AN ACT TO AMEND THE LAW REGARDING CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS.

Enacts new GS 115C-521(h) providing that all change orders involving school construction contracts must be approved by the local board of education except in the following two situations: (1) the superintendent or designee can approve a change order in an amount of less than $10,000 and (2) in the event of an emergency, the local board of education chair can approve other change orders at the request of the superintendent; requires the superintendent to report such change orders to the local board of education at its next regularly scheduled meeting.

Effective July 1, 2015.

Intro. by Tillman.GS 115C
S 331 (2015-2016) JUVENILE CODE REFORM. Filed Mar 18 2015, AN ACT TO MAKE VARIOUS CHANGES TO THE JUVENILE CODE IN REGARD TO DUE PROCESS PROTECTIONS, REENTRY OF JUVENILES IN THE DELINQUENCY SYSTEM, AND CONFINEMENT OF JUVENILES.

Amends GS 7B-2101(b) to provide that the due process protections prohibiting admission into evidence of in-custody admissions or confessions from interrogation unless such confession or admission was made in the presence of a juvenile's parent, guardian, custodian, or attorney apply when the juvenile is less than 16 years old (was, when the juvenile is less than 14 years of age).

Current law provides that if a court does not find probable cause for a felony offense but finds probable cause to believe that a juvenile committed a lesser offense that if committed by an adult would be a misdemeanor, then the court may either proceed to an adjudicatory hearing or set a date for an adjudicatory hearing. Amends GS 7B-2202(f) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

GS 7B-2203(d) provides that if the court does not transfer the case to superior court, the court is to proceed to an adjudicatory hearing or set a date for that hearing. Amends subsection (d) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

Enacts new GS 7B-2408.5 specifying the procedural steps for making a motion to suppress evidence in an adjudicatory hearing prior to the hearing. Requires that the motion be in writing and accompanied by an affidavit containing facts to support the motion. Provides that the state may file an answer denying or admitting any of the allegations in the motion. Includes additional criteria and specifications for service of the motion and of the answer, and the criteria under which the judge must summarily grant or summarily deny the motion. Provides that a final order denying a motion to suppress evidence may be reviewed upon appeal of a final order of the court in a juvenile matter. Also provides for an oral or written motion to suppress made during the adjudicatory hearing.

Amends GS 7B-1701 to provide that if there has been no prior complaint against a juvenile, then the juvenile court counselor is directed to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertable.

Amends GS 7B-2404 to provide criteria and circumstances under which a prosecutor may dismiss allegations stated in a juvenile petition without or without leave. Amends GS 7B-2507(a) to define a prior adjudication as an adjudication of an offense that occurs before the adjudication of the offense before the court.

Amends GS 7B-2510(c) to require that prior to the expiration of a probation order, the court may extend it for an additional year after notice and a hearing (was, after a hearing). Leaves it to the discretion of the court to determine whether to extend probation after a probation order expires if the juvenile fails to appear in court. Also amends subsection (e) regarding consequences for a juvenile who is determined to have violated the the probation conditions set by the court.

Adds a new subsection (e1) to GS 7B-3200 allowing petitioning for the expunction of all juvenile records of a juvenile adjudicated delinquent for a minor offense as defined in GS 7B-2508. Makes a conforming change to subsection (b). Effective when this act becomes law.

Amends GS 7B-1902 regarding the court's authority to issue secure or nonsecure custody orders for juvenile's alleged to be within the jurisdiction of the court limiting delegation of the authority to nonsecure custody orders. Amends GS 7B-1903(e) to provide that the court is required to determine the need for secure custody following a hearing conducted according to the procedural requirements for a continued custody hearing as they are set out in GS 7B-1906. The court's order must be in writing with appropriate findings of fact including the evidence relied upon in reaching the court's decision and the purposes to be achieved by secure custody.

Makes clarifying changes to GS 7B-2506 regarding dispositional alternatives for delinquent juveniles.

Except as otherwise indicated, this act becomes effective December 1, 2015, and applies to offenses committed on or after that date.

Intro. by Daniel, Hartsell.GS 7B
S 332 (2015-2016) REGISTER OF DEEDS-POA INDEXING FEES. Filed Mar 18 2015, AN ACT TO ENABLE REGISTERS OF DEEDS TO COLLECT ADDITIONAL FEES FOR INDEXING INSTRUMENTS THAT CONTAIN EXHIBITS WITH MULTIPLE ENTERABLE PARTIES.

Amends the uniform fees statute for register of deeds found in GS 161-10 to provide that for recording an instrument that contains excessive recording data, the fee will be an additional $2 for each entity listed in the instrument. Provides that any instrument that lists more than 10 distinct entities, including any attachments or exhibits, that require indexing are considered to contain excessive recording data.

Effective July 1, 2015. 

Intro. by Daniel.GS 161
S 333 (2015-2016) TEACHER TRANSITION DATA. Filed Mar 18 2015, AN ACT TO REQUIRE THAT THE STATE BOARD OF EDUCATION INCLUDE SPECIFIC DATA IN ITS ANNUAL REPORT ON THE TEACHING PROFESSION.

To be summarized.

Intro. by Soucek.
S 334 (2015-2016) SBCC ELECTION. Filed Mar 18 2015, A JOINT RESOLUTION SETTING THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO ELECT MEMBERS TO THE STATE BOARD OF COMMUNITY COLLEGES.

To be summarized.

Intro. by Soucek, Tillman.
S 335 (2015-2016) ADD BLENDSTOCK TO MOTOR FUEL MARKETING ACT. Filed Mar 18 2015, AN ACT TO ADD REQUIREMENTS PERTAINING TO BLENDSTOCKS TO THE MOTOR FUELS MARKETING ACT.

To be summarized.

Intro. by Hartsell.
S 336 (2015-2016) ESTATE PLANNING/UNIFORM TRUST CODE. Filed Mar 18 2015, AN ACT TO AMEND THE LAW GOVERNING ESTATE PLANNING AND FIDUCIARIES, TO AMEND THE UNIFORM TRUST CODE, AND TO ESTABLISH A UNIFORM POWERS OF APPOINTMENT ACT.

To be summarized.

Intro. by Hartsell, Barringer.
S 337 (2015-2016) CAREGIVER RELIEF ACT. Filed Mar 18 2015, AN ACT AMENDING THE LABOR LAWS TO PROVIDE RELIEF FOR CAREGIVERS IN THIS STATE.

Identical to H 269, filed 03/17/15.

Adds new Article 24, Caregiver Relief Act, to GS Chapter 95. Provides under state law for caregivers who provide direct care to certain family members to take leave time in instances where leave would not be available to the caregivers under federal law. Provides that the following definitions apply under this proposed Article: (1) Department is the Department of Labor; (2)FMLA--the federal Family and Medical Leave Act of 1993; (3) eligible employee--as defined in the FMLA; (4) grandchild--the child of a biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis to the employee; and (5) grandparent--the parent of a parent. Under federal law, the FMLA specifies the family members for which an eligible employee may take leave to provide care; this act provides that an employer required to comply with the FMLA is to provide the same leave to an eligible employee for certain family members in need of care as would be provided under the FMLA. Provides that an eligible employee who takes leave under this provision is entitled to the same protections and rights that an eligible employee is entitled to under the FMLA. Provides that any right or obligation under this proposed Article is enforceable by a civil action in addition to any other remedies at law or equity. Provides that the Article applies to all employers in the state who are subject to the FMLA. Makes a conforming change to GS 95-241(a). Effective July 1, 2015, and applies to covered employers and eligible employees on or after that date.

Intro. by Bryant, Woodard, J. Jackson.GS 95
S 338 (2015-2016) ECONOMIC DEVELOPMENT/TAX MODIFICATIONS. Filed Mar 18 2015, AN ACT TO MAKE MODIFICATIONS TO EXISTING LAW FOR ECONOMIC DEVELOPMENT PURPOSES.

To be summarized.

Intro. by Berger, Brown, Tillman.

The Daily Bulletin: 2015-03-18

LOCAL/HOUSE BILLS
H 130 (2015-2016) DAVIE COUNTY/FOOD FOR DETENTION FACILITIES. Filed Mar 3 2015, AN ACT AUTHORIZING DAVIE COUNTY TO CONTRACT WITH THE LOCAL BOARD OF EDUCATION FOR THE PROVISION OF MEALS TO INMATES IN THE COUNTY DETENTION FACILITY.

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

Changes the long title.

Provides that Davie County and the Sheriff of Davie County can enter into a contract with the local board of education to provide meals for inmates at the county's detention facility (previously, stated could enter into a contract that allowed the cafeteria of one or more public schools in Davie County to provide meals for inmates). Deletes language which provided that state funds could not be used to purchase food or any other items for the preparation or provision of food under the contract. 

Specifies that the act applies only to Davie County. 

Intro. by Howard.Davie
H 279 (2015-2016) WAKE CTY LOCAL BOARD OF EQUALIZATION/REVIEW. Filed Mar 18 2015, AN ACT REGARDING A SPECIAL BOARD OF EQUALIZATION AND REVIEW FOR WAKE COUNTY.

Current law requires, except as provided in GS 105-322, the board of equalization and review to consist of the members of the board of county commissioners, but authorizes the board of commissioners to appoint a special board of equalization and review to carry out the duties specified under GS 105-322.

Amends GS 105-322 to require that should the county commissioners appoint a special board of equalization and review, it must have, at a minimum, five members. Specifies the following qualifications of persons eligible for appointment: (1) must be at least 18 years old; (2) must own at least one parcel of real property in the county of appointment; and (3) must have knowledge or experience in real estate, appraisal, or another activity satisfactory to the board of county commissioners. Provides that the assessor is to serve as clerk to the board of equalization and review. Provides that in order for the board of equalization and review to carry out its duties, the board chair may divide the board into two or more separate panels with a minimum of three members each in any year of general appraisal. Permits the board members on each panel to be interchangeable during the year. Provides that a decision by a panel has the same effect as a decision by the entire board. Amends the powers available to the board after its adjournment to include making any changes authorized under GS 105-325 and to exercise its authority under GS 105-282.1(a1) to accept an application for an exemption or exclusion after the statutory deadline.

Applies to Wake County only.

Intro. by Pendleton, Malone, Dollar, Avila.Wake
H 280 (2015-2016) SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS. Filed Mar 18 2015, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CERTAIN BOARDS OF EDUCATION IN ADOPTING THEIR SCHOOL CALENDARS.

Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided in GS 115C-84.2(d). Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education. 

Amends GS 115C-84.2(d) as the title indicates. Deletes all provisions of subsection (d) except the authorization given to local boards of education to determine the opening and closing dates for public schools. 

This act applies only to the Asheville City and Buncombe County school administrative units beginning with the 2015-16 school year.

Intro. by Fisher.Buncombe
H 307 (2015-2016) ZEBULON CHARTER/USE OF CERTAIN FEES. Filed Mar 18 2015, AN ACT AMENDING THE CHARTER OF THE TOWN OF ZEBULON TO REMOVE RESTRICTIONS ON THE USE OF CERTAIN FEES COLLECTED BY THE TOWN.

To be summarized.

Intro. by Malone, Jackson.
H 310 (2015-2016) NO CLASS RANK COMPUTATION/CHAPEL HILL. Filed Mar 18 2015, AN ACT TO EXEMPT THE CHAPEL HILL-CARRBORO CITY SCHOOLS FROM THE REQUIREMENT THAT CLASS RANK BE RECORDED ON THE TRANSCRIPTS OF HIGH SCHOOL STUDENTS.

As title indicates.

Intro. by Meyer, Insko.Orange
H 311 (2015-2016) ABC STORE ELECTION/TOWN OF LELAND. Filed Mar 18 2015, AN ACT AUTHORIZING THE TOWN OF LELAND TO HOLD A CITY ABC STORE ELECTION, AND TO REPEAL THE PROVISION THAT PROHIBITS LOCATING 3 NEW ABC STORES IN BRUNSWICK COUNTY WITHIN SEVEN MILES OF 4 MUNICIPALITIES WITH EXISTING ABC STORES.

As the title indicates. Amends GS 18B-600(d) to authorize a city to hold an ABC store election only if the city has at least 1,000 registered voters. Provides that this act applies only to the Town of Leland.

Intro. by Hamilton, Iler.Brunswick

The Daily Bulletin: 2015-03-18

LOCAL/SENATE BILLS
S 156 (2015-2016) MT. GILEAD CHARTER REVISION & CONSOLIDATION. Filed Mar 3 2015, AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF MOUNT GILEAD.

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

Repeals Chapter 767 of the 1953 Session Laws and Chapter 407 of the 1967 Session Laws (both concerning salaries of the town's board of commissioners and mayor). 

Amends Section 2 of Chapter 1070 of the 1989 Session Laws, as amended, concerning the collection of utility bills, to remove Mount Gilead from the scope of the act. 

Intro. by Bingham.Montgomery
ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2015-03-18

PUBLIC BILLS

H 5: MILITARY VETERANS SPECIAL PLATE.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 13: AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT.

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Passed 2nd Reading

H 18: CONTINUING BUDGET AUTHORITY (NEW).

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 35: EDUCATION INNOVATION TASK FORCE.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 41: REV LAWS TECH CHANGES (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 82: EXECUTION/NONSECURE CUSTODY ORDER/CHILD ABUSE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/19/2015

H 108: SITE AND BUILDING DEVELOPMENT FUND.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

H 113: PROTECT OUR STUDENTS ACT.

    House: Regular Message Sent To Senate
    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 115: PROSECUTOR CONSENT TO WAIVE JURY TRIAL.

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary III

H 119: PED RECS/PUBLICLY FUNDED SUBSTANCE ABUSE SVCS.

    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 138: ARTS EDUCATION REQUIREMENT.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 146: AMEND ADVANCE HEALTH CARE DIRECTIVES LAWS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

H 169: RESTORE STATE CLAIM FOR WRONGFUL DISCHARGE (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 173: OMNIBUS CRIMINAL LAW BILL.

    House: Amend Adopted A1
    House: Passed 2nd Reading

H 205: INCREASE RETIREMENT AGE/JUDGES & MAGISTRATES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

H 211: EXPAND USE OF TOXICOLOGY FUNDS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/19/2015

H 215: PROCEDURE FOR WAIVER OF JURY TRIAL.

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary III

H 252: CONFLICT OF INTEREST/CERTAIN RELATIONSHIPS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 253: JUSTICE REINVESTMENT ACT CHANGES.-AB

    House: Passed 1st Reading
    House: Ref To Com On Judiciary I
    House: Passed 1st Reading
    House: Ref To Com On Judiciary I

H 254: PROTECT NATIONAL GUARD REEMPLOYMENT RIGHTS.

    House: Passed 1st Reading
    House: Ref To Com On Homeland Security, Military, and Veterans Affairs

H 255: BUILDING CODE REG. REFORM.

    House: Passed 1st Reading
    House: Ref To Com On Regulatory Reform

H 256: HANDICAPPED PARKING/VETERANS PLATE.

    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Finance

H 257: CLEAN FUEL TAX REDUCTION.

    House: Passed 1st Reading
    House: Ref To Com On Finance

H 259: GENERAL GOVERNMENT TECHNICAL CORRECTIONS.-AB

    House: Passed 1st Reading
    House: Ref To Com On Appropriations

H 261: REQUIRE TYPED DEATH CERTIFICATES.

    House: Passed 1st Reading
    House: Ref To Com On Health

H 262: SURPLUS LINES AMENDMENTS.

    House: Passed 1st Reading
    House: Ref To Com On Insurance

H 264: COMMUNITY COLLEGES 403(B) PLAN.-AB

    House: Passed 1st Reading
    House: Ref to the Com on Pensions and Retirement, if favorable, Appropriations

H 265: NCEMPA ASSET SALE.

    House: Passed 1st Reading
    House: Ref to the Com on Public Utilities, if favorable, Finance

H 267: AMEND RESPIRATORY CARE PRACTICE ACT.-AB

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Finance

H 268: AMEND TRANSPORTATION LAWS.-AB

    House: Passed 1st Reading
    House: Ref To Com On Transportation

H 269: CAREGIVER RELIEF ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Children, Youth, and Families, if favorable, Judiciary I

H 270: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.

    House: Passed 1st Reading
    House: Ref to the Com on Children, Youth, and Families, if favorable, Judiciary I, if favorable, Appropriations

H 271: AMEND DANGEROUS DOG LAW.

    House: Passed 1st Reading
    House: Ref to the Com on Wildlife Resources, if favorable, Judiciary IV

H 276: AGENCY PARTICIPATION PROCEDURES ACT OF 2015. (NEW)

    House: Filed
    House: Filed

H 277: RETIREMENT ADMIN. CHANGES ACT OF 2015.-AB

    House: Filed

H 278: INCREASE SMALL BREWERY LIMITS.

    House: Filed

H 281: RECORDS TO MEDICAL EXAMINER.

    House: Filed

H 282: STREAMLINE SEIZED VEHICLE DISPOSAL.-AB

    House: Filed

H 283: PREVENT SQUATTING IN FORECLOSED REAL PROPERTY (NEW).

    House: Filed
    House: Filed

H 284: Civil Contempt/Jury Duty

    House: Filed
    House: Filed

H 285: FAIR AND LEGAL REDISTRICTING PROCESS.

    House: Filed

H 286: DENTAL HYGIENISTS/INTRAORAL LOCAL ANESTHETICS.

    House: Filed

H 287: AMEND INSURANCE LAWS.-AB

    House: Filed
    House: Filed

H 288: INSURANCE TECHNICAL CHANGES.-AB

    House: Filed

H 289: NC MONEY TRANSMITTERS ACT.-AB

    House: Filed

H 290: PROHIBIT POWDERED ALCOHOL.

    House: Filed

H 291: HAZ. MATERIALS IN SAFE DEPOSIT BOX.-AB

    House: Filed

H 292: BEACH BINGO LICENSES.-AB

    House: Filed

H 293: ADOPTION LAW CHANGES.

    House: Filed

H 294: PROHIBIT CELL PHONE/DELINQUENT JUVENILE.-AB

    House: Filed

H 295: JUVENILE MEDIA RELEASE.-AB

    House: Filed

H 296: OCC.LIC./AMEND FUNERAL SERVICE PRACTICE LAWS.-AB

    House: Filed

H 297: END MARKETING/SALE UNBORN CHILDREN BODY PARTS (NEW).

    House: Filed
    House: Filed

H 298: AMEND UNIFORM INTERSTATE FAMILY SUPPORT ACT.-AB

    House: Filed

H 299: OCC.LIC./PRIVATE PROTECTIVE SVCS. ACT CHANGES-AB

    House: Filed

H 300: MODIFY SCHOOL PERFORMANCE GRADES.

    House: Filed

H 301: ESCHEAT FUND MODIFICATIONS.-AB

    House: Filed

H 302: STRENGTHEN OYSTER INDUSTRY.

    House: Filed

H 303: DISPUTE RESOLUTION AMENDMENTS.

    House: Filed

H 304: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    House: Filed

H 305: JUMP-START BUSINESSES/NEW MARKETS TAX CREDIT.

    House: Filed

H 306: NC CANCER TREATMENT FAIRNESS.

    House: Filed

H 308: CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN.

    House: Filed
    House: Filed

H 309: GOT NATURAL MILK.

    House: Filed

S 97: STATE ADVISORY COUNCIL ON INDIAN EDUCATION.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Education/Higher Education

S 105: REPORT NO. VETERANS FILING TAX RETURNS. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Workforce and Economic Development
    Senate: Withdrawn From Com
    Senate: Re-ref Com On Workforce and Economic Development

S 114: CUSTODIAL PARENT/PARTY COOPERATE W/CHILD SUPP.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 123: UNIFORM FRAUDULENT TRANSFER ACT.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 03/19/2015

S 160: OFFICIAL STATE VETERANS DAY PARADE. (NEW)

    Senate: Withdrawn From Com
    Senate: Ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Finance
    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Finance

S 161: SUPREME COURT SESSIONS IN MORGANTON.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary I

S 164: ASSIST INMATE REENTRY/WAIVED FEES.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Finance

S 176: CHARTER SCHOOL GRADE LEVEL EXPANSION.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Education/Higher Education

S 185: CLARIFY CREDIT FOR TIME SERVED.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary II

S 187: AIR CARRIER FUEL TAX EXEMPTION.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Finance

S 188: ADJUST CAP ON TURNPIKE PROJECTS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Transportation

S 191: DARE MAGISTRATE FUNDS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Appropriations/Base Budget

S 192: CITATIONS/SHERIFFS ACCEPT FAXES.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary I

S 193: MODIFY FILM GRANT FUND.

    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce. If fav, re-ref to Appropriations/Base Budget

S 195: MOTOR VEHICLE SERVICE AGREEMENT AMENDMENTS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Transportation. If fav, re-ref to Commerce

S 198: PERSONS UNDER 18 IN CONFINEMENT FACILITIES.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary II. If fav, re-ref to Appropriations/Base Budget

S 199: FUNDS DEPOSITED WITH CLERK OF COURT.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary II

S 202: REENACT PRESERVATION REHAB TAX CREDITS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Finance

S 204: REENACT FILM CREDIT.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Finance

S 207: AGGRAVATING FACTOR/VIOLENT ACT BEFORE MINOR.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary I

S 296: HEALTHY FOOD SMALL RETAILER/CORNER STORE ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 297: PRENATAL NARCOTIC DRUG USE/CRIMINAL OFFENSE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 298: SCHOOL BUS CAMERAS/CIVIL PENALTIES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 299: PORT USAGE CONTRACTS/PUBLIC RECORDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 300: ZONING CHANGES/MAJORITY RULE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 301: DOT/PURCHASE OF CONTAMINATED LAND.-AB

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 302: ESTABLISH MATERNAL DEATH REVIEW COMMITTEE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 303: REGULATORY REFORM ACT OF 2016. (NEW)

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 304: ADMINISTRATION OF LOGO SIGN PROGRAM.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 305: NCEMPA ASSET SALE.

    Senate: Passed 1st Reading
    Senate: Ref to Commerce. If fav, re-ref to Finance
    Senate: Reptd Fav
    Senate: Re-ref Com On Finance

S 306: EXPAND 1%/$80 RATE FOR MILL MACHINERY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 307: ELIMINATE TOLLING ON FERRIES/APPROPRIATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 308: 0.00 ALCOHOL RESTRICTION-ALL DWI.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 309: AMEND HABITUAL DWI.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 310: DOMESTIC VIOLENCE/BAIL & AGGRAVATING FACTOR.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 311: REGISTER OF DEEDS/FILING FALSE MARRIAGE DOCS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 312: MOTOR FLEET TELEMATICS PILOT PROJECT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 313: INDUSTRIAL HEMP. (NEW)

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 314: REFORM ABANDONED LIVESTOCK PROCEDURES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 315: SCHOOL PLAYGROUNDS AVAILABLE TO PUBLIC.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 316: REAFFIRMING SUPPORT FOR PUBLIC SCHOOLS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Placed on Today's Calendar
    Senate: Adopted

S 317: STRENGTHEN CONTROLLED SUBSTANCES MONITORING.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 318: PED RECS/PUBLICLY FUNDED SUBSTANCE ABUSE SVCS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 319: CHIROPRACTOR CO-PAY PARITY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 320: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 321: EXEMPT BUILDERS' INVENTORY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 322: LRC/STUDY TRANSFER OF WFD CENTERS TO CCS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 323: JUDICIAL STANDARDS COMMISSION JURISDICTION.

    Senate: Filed

S 324: BUILDING CODE REG. REFORM.

    Senate: Filed

S 325: STATE AUDITOR/STATUTORY CHANGES.-AB

    Senate: Filed

S 326: LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS. (NEW)

    Senate: Filed
    Senate: Filed

S 327: ALLOW PRIZE-LINKED SAVINGS ACCOUNTS.

    Senate: Filed

S 328: COMMUNITY COLLEGE AUDITS.

    Senate: Filed

S 329: ECON. DEV./RENEWABLE ENERGY CREDIT.

    Senate: Filed

S 330: CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS.

    Senate: Filed

S 331: JUVENILE CODE REFORM.

    Senate: Filed

S 332: REGISTER OF DEEDS-POA INDEXING FEES.

    Senate: Filed

S 333: TEACHER TRANSITION DATA.

    Senate: Filed
    Senate: Filed

S 334: SBCC ELECTION.

    Senate: Filed

S 335: ADD BLENDSTOCK TO MOTOR FUEL MARKETING ACT.

    Senate: Filed

S 336: ESTATE PLANNING/UNIFORM TRUST CODE.

    Senate: Filed

S 337: CAREGIVER RELIEF ACT.

    Senate: Filed

S 338: ECONOMIC DEVELOPMENT/TAX MODIFICATIONS.

    Senate: Filed

Actions on Bills: 2015-03-18

LOCAL BILLS

H 73: CARY ANNEXATION.

    House: Passed 3rd Reading

H 130: DAVIE COUNTY/FOOD FOR DETENTION FACILITIES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/19/2015

H 258: SCHOOL CALENDAR FLEXIBILITY/CHATHAM COUNTY.

    House: Passed 1st Reading
    House: Ref To Com On Education - K-12

H 260: SCHOOL CALENDAR FLEX./GATES CO. SCHOOLS.

    House: Passed 1st Reading
    House: Ref To Com On Education - K-12

H 263: CITY ELECTIONS/TRINITY AND GREENSBORO

    House: Passed 1st Reading
    House: Ref To Com On Local Government
    House: Passed 1st Reading
    House: Ref To Com On Local Government

H 266: CITY OF LENOIR/SATELLITE ANNEXATION.

    House: Passed 1st Reading
    House: Ref to the Com on Local Government, if favorable, Finance

H 279: WAKE CTY LOCAL BOARD OF EQUALIZATION/REVIEW.

    House: Filed

H 280: SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS.

    House: Filed

H 307: ZEBULON CHARTER/USE OF CERTAIN FEES.

    House: Filed

H 310: NO CLASS RANK COMPUTATION/CHAPEL HILL.

    House: Filed

H 311: ABC STORE ELECTION/TOWN OF LELAND.

    House: Filed

S 5: UNION COUNTY LOCAL ACT.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 139: TOWN OF SYLVA/PARKING ORDINANCES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 142: CUMBERLAND COUNTY CIVIC CENTER COMMISSION.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 156: MT. GILEAD CHARTER REVISION & CONSOLIDATION.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

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