Reenacts GS 105-151.11, Credit for child care and certain employment-related expenses, and recodifies it as GS 105-153.11.
Effective for taxable years beginning on or after January 1, 2015.
The Daily Bulletin: 2015-03-23
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The Daily Bulletin: 2015-03-23
Intro. by Holley. | GS 105 |
Enacts new GS 18C-130.1, Veterans' instant lottery scratch-off game, which requires that the North Carolina State Lottery Commission (Commission) establish an instant lottery scratch-off game called the "North Carolina Veterans' Benefit Game" (Game) as part of the lottery. Provides that all net proceeds from the sales of the Game must be deposited in the Veterans' Lottery Fund (Fund). Establishes the Fund as a special revenue fund within the State treasury, to receive the above proceeds, any appropriations from the General Assembly, and all interest earned by the Fund. Directs net revenues from the North Carolina State Lottery Fund derived from proceeds from the Game to be transferred four times a year to the Fund, after all obligations are met for prizes and expenses.
Amends GS 18C-130(a) to provide that the North Carolina State Lottery Commission must include the Game when determining what lottery games are to be used in the Lottery.
Amends GS 18C-162(c) concerning unclaimed prize money providing that 50% can be allotted to the Fund, if originating from a ticket sold for the Game (previously, only provided for 50% to be allotted to the Education Lottery Fund) with the other 50% used for prize enhancement under GS 18C-162(a)(1).
Amends GS 18C-164, concerning the transfer of net revenues, providing that the General Assembly must appropriate the net revenue of the Fund annually in the Current Operations Appropriations Act for the benefit of homeless veterans. Provides that no security interest is granted in the funds appropriated by these provisions.
Requires the North Carolina State Lottery Commission to establish the Game on or before January 1, 2016.
Intro. by R. Johnson. | GS 18C |
Amends GS 143-508(d) to provide that the North Carolina Medical Care Commission (Commission), in establishing standards for vehicles and equipment used within the emergency medical services system, cannot establish standards that prohibit the carrying and use of pepper spray by emergency medical services personnel for self-defense purposes.
Amends GS 131E-157(a) providing that the Commission, in adopting rules specifying equipment, sanitation, supply, and design requirements for ambulances, cannot adopt rules that prohibit the carrying and use of pepper spray by emergency medical services personnel for self-defense purposes.
Part I.
Names the act The Highway Safety and Citizens Protection Act of 2015.
Part II.
Amends GS 14-100.1 to also make it unlawful to knowingly sell a false or fraudulent form of identification for the purpose of deception, fraud, or other criminal conduct. Increases the penalty for violating the statute (which includes violations for possessing, manufacturing, or selling certain fraudulent forms of identification) from a Class 1 misdemeanor to a Class G felony. Makes the following violations a Class 1 misdemeanor: (1) a violation based on the mere possession of a false or fraudulent form of identification, rather than the manufacture or sale of a false or fraudulent form of identification; (2) a violation by a person under the age of 21 for the purpose of the underage purchase of alcohol; (3) a violation by a person under the age of 18 for the purpose of the underage purchase of tobacco products or cigarette wrapping papers.
Amends GS 20-30 to add restricted driver permits and restricted identification cards to the list of documents included in the acts prohibited in the statute (violations of license, learner's permit, restricted driver's permit, restricted identification card, or special identification card provisions). Makes it unlawful to possess more than one special identification card for a fraudulent purpose. Makes violations of the statute a Class G felony, with specified exceptions. Specifies other penalties as follows: (1) violations by a person under age 21 for the purpose of the underage purchase of alcohol are punished as a Class 1 misdemeanor and (2) a violation by a person under age 18 for the purpose of the underage purchase of tobacco products or cigarette wrapping papers is punished as a Class 2 misdemeanor.
Repeals GS 20-37.8, concerning the fraudulent use of a special identification card.
Makes clarifying changes to GS 143-341.
Effective December 1, 2015.
Part III.
Amends GS 15A-533 to create a rebuttable presumption that no condition of release will reasonably assure the appearance of the person and the safety of the community if the person is unlawfully present in the United States and a judicial officer finds either: (1) there is probable cause to believe that the person committed one or more of the following offenses: a sex offense; a violent felony, or any criminal offense other than a violation described in GS 14‑33(a) that includes assault as an essential element of the offense or as an aggravating factor in sentencing; a driving offense; a drug offense; or a gang offense or (2) there is probable cause to believe that the person committed an offense not listed above and US Immigration and Customs Enforcement has issued a detainer for the initiation of removal proceedings against the person or has indicated that it will do so. Makes conforming changes and makes language in the statute gender-neutral.
Enacts new GS 15A-534.7 to require a defendant to execute a secured appearance bond as a condition of pretrial release when the defendant is an alien who (1) is not lawfully present in the US and (2) is charged with a felony or a Class A1 misdemeanor.
Effective December 1, 2015.
Part IV.
Enacts new GS 64-6 to require verification of a person's immigration status to be consistent with federal law and allows verification to be done: (1) pursuant to 8 USC §§ 1373(c) and 1644 or any other provision of federal law, (2) by a law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status, (3) in any other manner authorized by the federal government.
Enacts new GS 64-7 making a verification of an alien's immigration status received from the federal government proof of that alien's status. Requires state court to consider only a verification of immigration status made under new GS 64‑6 in determining whether an alien is lawfully present in the United States. Makes any record related to a person's immigration status admissible in state court without further foundation or testimony from a custodian of records if all of the following apply: (1) the record is certified as authentic by the federal government agency responsible for maintaining the record; (2) the State notifies the person at least 15 business days before the proceeding at which the evidence would be used of its intention to introduce the record into evidence and provides the person with a copy of the record; and (3) the person fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the record would be used that the person objects to the introduction of the record into evidence.
Enacts new GS 64-8 allowing a a state or local law enforcement agency to securely transport an alien who is in the agency's custody and whom the agency has verified is unlawfully present in the United States to a point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency; however, requires a law enforcement agency to obtain judicial or executive authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is out of state.
Enacts new GS 64-9 concerning construing GS Chapter 64 and adds a severability clause.
Enacts new GS 64-10 prohibiting the possession of a restricted driver's permit or a restricted identification card, standing alone, from being used as a basis for a criminal investigation, arrest, or detention in circumstances in which a person who possesses some other form of identification would not be criminally investigated, arrested, or detained.
Part V.
Enacts new Article 18 of GS Chapter 15A, Identification Documents. Enacts new GS 15A-306 providing that the following documents are not acceptable for use in determining a person's actual identity or residency by a justice, judge, clerk, magistrate, law enforcement officer, or other government official: (1) a matricula consular or other similar document, other than a valid passport, issued by a consulate or embassy of another country and (2) an identity document issued or created by any person, organization, county, city, or other local authority, except where expressly authorized to be used for this purpose by the General Assembly. Prohibits a local government or law enforcement agency from establishing the acceptability of any of those documents as a form of identification to be used to determine the identity or residency of any person. Repeals any local government policy or ordinance that contradicts this statute. Makes conforming changes to GS 20-7, which provides examples of documents considered to be reasonably reliable indicators of residency; to GS 58-2-164, which provides examples of documents considered to be reliable proof of residency or eligible risk; and GS 108A-55.3, listing documents that can be used to meet the proof of residency when applying for medical assistance benefits.
Effective October 1, 2015.
Part VI.
Amends GS 20-4.01 to add and define the term criminal history as it is used in GS Chapter 20.
Amends GS 20-7 to add that the duration of the driver's license or permit listed in the statute are valid unless the Division of Motor Vehicles (DMV) determines that a restricted driver's permit should be issued under new (u) of the statute. Prohibits a restricted driver's permit from expiring later than one year after issuance. Enacts new GS 20-7(u) requiring the DMV to issue a restricted driver's permit under subsection (f) to an applicant present in the United States who meets all of the following: (1) the applicant is not lawfully present in the US; (2) the applicant agrees to a criminal history check, including taking the applicant's fingerprints, and the check shows that the applicant does not have a criminal history; and (3) the applicant meets all other requirements for a driver's license. Further amends GS 20-7 as follows. Makes the fee for a restricted driver's permit the same as the fee for a regular driver's license. Requires the Secretary of Transportation to set the fee for an initial one-year restricted driver's permit and prohibits the fee from being lower than the actual cost of processing the application and providing the permit. Sets the renewal fee for a restricted driver's permit at $25. Specifies the format of a restricted driver's permit. Requires that where state law refers to a "drivers license," the term be construed to refer to a restricted driver's permit, except where the law being construed confers a benefit, privilege, or a right for which lawful presence is required. Prohibits a state agency or official from using any information submitted as part of a restricted driver's permit application to seek the applicant's removal from the United States or from releasing information pertaining to the applicant's immigration status except where expressly required by law to do so. Requires the DMV to work with other state and local agencies to ensure that restricted driver's permits are not used to obtain public benefits for which only citizens and lawfully present persons are eligible.
Amends GS 20-15 to require the DMV to cancel and revoke the restricted driver's permit of a person convicted for violating GS 20-313 ( Operation of motor vehicle without financial responsibility). Makes clarifying and conforming changes.
Enacts new GS 20-309.3 to require an insurer who receives a request to refund any funds to an insured because of the cancellation of a liability insurance policy on a vehicle to first ask the DMV whether the insured currently has a valid restricted driver's permit and refuse to refund the money if the person has a valid restricted driver's permit.
Enacts new GS 20-37.8A to require the DMV to issue a restricted identification card to an applicant who: (1) is not lawfully present in the United States, (2) completes the application form used to obtain a driver's license, and (3) and does not have a criminal history. Sets out the required format of the restricted identification card. Sets the card to expire no later than one year after issuance. Allows the Secretary of Transportation to set the fee for the initial one-year restricted identification card, and requires that the fee not be lower than the cost of processing the application and providing the card. Sets the renewal fee at $25. Requires DMV to keep a record of all restricted identification card recipients. Prohibits a state agency or official from using any information submitted as part of a restricted identification card application to seek the applicant's removal from the United States or from releasing information pertaining to the applicant's immigration status except where expressly required by law to do so. Defines criminal history as it is used in the statute. Requires the DMV to work with other state and local agencies to ensure that restricted identification cards are not used to obtain public benefits for which only citizens and lawfully present persons are eligible.
Amends GS 20-37.9 to make the provisions of the statute, concerning notice of a change of address or name, also applicable to a restricted identification card.
Enact new GS 143B-966 to require the Department of Public Safety (DPS), when requested, to provide DMV with the criminal history from the State and National Repositories of Criminal Histories of applicants for restricted driver's permits or restricted identification cards. Specifies information that the DMV must provide to DPS, including fingerprints. Requires the fingerprints to be forwarded to the State Bureau of Investigation for a search of the state's criminal history record file and to the Federal Bureau of Investigation for a national criminal history record check. Requires DMV to keep all information obtained under the statute confidential. Allows DPS to charge a fee to offset the cost of conducting the criminal record check.
Amends the following statutes to include restricted driver's permits and restricted identification cards within the statutes' reach: GS 18B-302 (defenses for selling to or purchasing alcohol by an underage person); GS 18C-131 (defenses concerning selling lottery tickets to minors); GS 19A-32.1 (release of animals by an animal shelter); GS 20-7 (issuance and renewal of driver's licenses); GS 20-7.3 (concerning organ, eye, and tissue donor cards); GS 20-43 (concerning DMV records); GS 20-43.2 (concerning information on the Organ Donor Registry website); GS 20-52 (application for registration and certificate of title); GS 20-31.1 (violations for wrongful issuance of a driver's license or an identification card); GS 25-9-503 (name of debtor and secured party); GS 66-253 (display of identification upon request); GS 66-254 (records of source of new merchandise); and GS 90-106.1 (photo ID requirement for Schedule II controlled substances).
Makes additional conforming changes.
Effective October 1, 2015.
Part VII.
Enacts new GS 20-28.10 making a vehicle subject to seizure, impoundment, and forfeiture when the driver commits any of the following offenses: (1) a violation of GS 20‑313 (Operation of motor vehicle without financial responsibility a misdemeanor) or (2) driving without a license or restricted driver's permit unless the person possesses an expired drivers license or an expired restricted driver's permit. Sets out exceptions. Sets out the laws and procedures governing the seizure, impoundment, and forfeiture of vehicles under the statute and defines an innocent owner.
Effective October 1, 2015.
Part VIII.
Unless otherwise indicated, effective when the act becomes law.
Includes a severability clause.
Includes whereas clauses discussing the NC Medicaid program.
Repeals Section 3 of SL 2013-5, provisions prohibiting Medicaid Expansion.
Directs the Department of Health and Human Services, Division of Medical Assistance (DHHS), effective January 1, 2016, to provide Medicaid coverage to all people under age 65 that have incomes equal to or less than 133% of the federal poverty guidelines. Coverage provided will consist of the coverage described in 42 USC 1396(k)(1).
Appropriates from the General Fund to DHHS $6,591,224 for the 2015-16 fiscal year and $7,008,705 for the 2016-17 fiscal year for administrative costs associated with the expansion. Provides that these State funds are a state match for the estimated $19,773,673 for the 2015-16 fiscal year and $21,026,116 for the 2016-17 fiscal year in federal funds that will be received for the expansion which will also be used for administrative costs.
Appropriates from the General Fund to DHHS $95,264,480 in recurring funds for the 2016-17 fiscal year as part of the Medicaid rebase. Provides that these state funds are a state match to an estimated $2,445,121,643 in federal funds that will be received to pay for Medicaid services.
Sets out reductions to other state programs that serve the population that will be included in the Medicaid expansion, reflecting the savings generated by the expansion.
Appropriates from the General Fund to DHHS $24,403,395 for the 2015-16 fiscal year as part of the Medicaid rebase.
Effective July 1, 2015.
Intro. by Insko, Earle, Queen. | APPROP |
Enacts new GS 143-166.84(c) concerning eligibility for the Sheriffs' Supplemental Pension Fund, defining eligible service as sheriff as membership service rendered since the person became sheriff. Further provides that unused sick leave in the Local Governmental Employees' Retirement System can be applied as eligible service in the Sheriffs' Supplemental Pension Fund. Sets out exchange rates for transferring the unused leave to eligible service.
Effective July 1, 2015.
Intro. by Saine, Setzer. | GS 143 |
Enacts new GS 62-133.13, "Cost recovery for natural gas economic development infrastructure," in Article 7 of GS Chapter 62 (Public Utilities). Provides that the purpose of this statute is to prescribe a procedure for a natural gas local distribution company to recover cost as a part of a project identified by the Department of Commerce (Department) as an eligible project under GS 143B-437.021 (enacted in this act). Directs the North Carolina Utilities Commission (Commission) to adopt rules to implement GS 62-133.13.
Limits eligibility for cost recovery under this section to natural gas economic development infrastructure determined by the Commission to satisfy all of the specified conditions which include specifications as to eligible locations, binding commitments such as a commercial contract, and determining if there are insufficient projected non-gas revenues from the eligible project to cover the cost associated with the project.
Also includes specifications regarding determining: (1) the economic feasibility ofthe construction of the infrastructure (2) the recoverable costs of an eligible project, and (3) the recovery of eligible economic development infrastructure costs in a rate adjustment surcharge mechanism. In addition, sets a limitation prohibiting a natural gas local distribution company from investing more than $25 million of eligible infrastructure development costs in any year and prohibits cumulative rate adjustments from exceeding 5% of the total annual service non-gas revenues approved by the Commission in the natural gas local distribution company's last general rate case.
Enacts new GS 143B-437.021, "Natural gas economic development infrastructure," in Article 10 of GS Chapter 143B (Executive Organization Act of 1973). States that the purpose of GS 143B-437.021 is to provide criteria for use by the Department of Commerce (Department) in determining the eligibility of an economic development project that requires natural gas service infrastructure.
Describes an eligible project as an economic development project that is determined by the Department to satisfy all of the following conditions: (1) provides opportunities for natural gas usage, jobs, and other economic development benefits in addition to those provided by the project; (2) has invested or intends to invest at least $200 million in private funds in improvements to real property and additions to tangible personal property in the project; and (3) the business employees at least 1,500 full-time employees or equivalent full-time employees at the project at the time the application is made, and the business agrees to maintain at minimum 1,500 full-time employees or equivalent full-time contract employees at the project.
Provides that a project may be considered as an eligible project under this section only if it is a project of a business that satisfies a wage standard, identified as an average weekly wage equal to at least 110% of the average wage for all insured private employers in the county. Provides additional criteria for the calculation of and annual publication and certification of the satisfaction of wage standard by the business.
Requires an eligible project to be one undertaken by a business that makes health insurance available to all full-time employees and equivalent full-time contract employees. Also provides that to be deemed an eligible project, the business undertaking the project must have no citations under the Occupational Safety and Health Act that have become a final order within the last three years for willful serious violations or for failing to abate "serious violations" (as defined in GS 95-127) with respect to the location for which the eligible project is located. Also requires that an eligible project be undertaken by a business that satisfies, at the time of the application, the environmental impact standard under GS 105-129.83.
Makes this act effective when it becomes law and provides that the act expires effective July 1, 2020; however, also provides that the expiration of the act does not affect the validity of any rate adjustment surcharge mechanism imposed or authorized under this act before the effective date of the expiration.
The Daily Bulletin: 2015-03-23
Senate committee substitute makes the following changes to the 1st edition.
Makes a clarifying change to GS 132-1.10(f). Makes a clarifying change to the title of this act to better reflect the bill content.
Intro. by Curtis. | GS 132 |
Enacts new GS 75-57 in Article 2, "Prohibited Acts by Debt Collectors," of GS Chapter 75 (Monopolies, Trusts, and Consumer Protections) as the title indicates. Imposes a duty on debt collectors to (1) verify the accuracy of and (2) correct inaccurate information in any report by the debt collector to a credit reporting agency upon a consumer's notification that the information is incorrect.Makes failing to comply with this section within 60 days of receiving written notification of the inaccurate information from the consumer an unfair and deceptive trade practice under GS 75-1.1.
Enacts new GS 58-70-170 and creates new Part 6, "Miscellaneous Provisions," to add the identical provision as it concerns collection agencies to Article 70, "Collection Agencies," of GS Chapter 58 (Insurance).
Effective October 1, 2015.
Intro. by Bingham. | GS 58 |
States the General Assembly's intent to increase Medicaid reimbursement amounts for specified services provided by primary care physicians.
Directs the Department of Health and Human Services to submit a State Plan Amendment to the Centers for Medicare and Medicaid Services to increase reimbursement as provided above.
Intro. by Bingham. | UNCODIFIED |
Enacts new GS 143-245.25 concerning the promotion of NC-Thinks, an employee suggestion program, requiring the State Human Resources Commission to include details of the NC-Thinks program as a prominent part of the State Human Resources Manual. Also requires the Office of State Human Resources to promote the NC-Thinks program in a manner that all state employees can become aware of, and potentially utilize, the program. Requires each state agency, department, and institution to include on its main website a link to the specified website.
Intro. by | GS 143 |
Under current law, GS 120-121 authorizes the General Assembly to make certain appointments to public offices on the recommendation of the President Pro Tempore of the Senate.
Upon the recommendation of the President Pro Tempore of the Senate, effective October 1, 2015, appoints Charles E. Evans of Cumberland County to the African-American Heritage Commission for a term that expires on September 30, 2018.
Intro. by Apodaca. | UNCODIFIED |
Requires the Legislative Research Commission to study the structure, organization, and operation of the independent occupational licensing boards. Specifies four items that must be included in the study. Allows an interim report to be made to the 2015 General Assembly when it reconvenes in 2016 and requires a final report to the 2017 General Assembly when it convenes.
Intro. by Hartsell. | STUDY |
Amends GS 15A-145.5(c), concerning filing a petition for expunction, providing that a petition for expunction of a nonviolent felony will not be filed earlier than 10 years (was, 15 years) after the date of the conviction, or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later. Further provides that a petition for expunction of a nonviolent misdemeanor cannot be filed earlier than five years after the date of a conviction, or the completion of any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. Makes clarifying changes and conforming changes.
Amends GS 15A-146, concerning expunctions of records when charges are dismissed or there is a finding of not guilty, deleting many requirements and procedures for applying for and receiving an expunction when charges are dropped or for a finding of not guilty. Statute now provides that in such instances a person can apply to have any and all such charges expunged and the court will hold a hearing on the application, and if it is determined that the person had not previously been convicted of any felony under the laws of the United States, this state, or any other state, the court will order the expunctions. Provides that individuals that file for second or subsequent expungements pursuant to GS 15A-146 must pay the specified fee to the clerk of superior court.
Amends GS 15A-151 concerning confidentiality of subsequent expunctions, providing that in cases where a criminal record was expunged pursuant to a second or subsequent petition under GS 15A-146 and the Administrative Office of the Courts received a notice of such petitions and maintain that information in their confidential file, that information must remain confidential but can be disclosed to local law enforcement agencies and to the offices of the district attorney.
Effective December 1, 2015, applying to petitions filed on or after that date.
Intro. by Hartsell. | GS 15A |
Amends GS 130-248 as the title indicates.
Intro. by Hartsell. | GS 130 |
Amends GS 136-44.50 concerning the Transportation Corridor Official Map Act, providing a new requirement, that before any property can be regulated pursuant to the Transportation Corridor Official Map Act, that a preferred alternative for the corridor must be selected and identified in the final environmental impact statement filed in accordance with the National Environmental Policy Act.
Deletes GS 136-44.50(d), provisions concerning environmental impact studies and requiring that work on an environmental impact statement or preliminary engineering must begin within one year after the establishment of a transportation corridor official map or amendment.
Enacts new GS 136-44.50(d1) providing that failure to begin construction of a corridor within ten years of the establishment of a transportation corridor official map constitutes an abandonment of the corridor, ending the application of the provisions of the Transportation Corridor Official Map Act to properties within the corridor. Makes organizational and conforming changes.
Amends GS 136-44.51 to provide that applications for building permits or plat approval subject to a transportation corridor official map cannot be delayed for more that two years (was, three years) from the date of their original submittal. Makes conforming changes.
Amends GS 136-44.53(a), making conforming changes concerning the new provisions in GS 136-44.50.
Effective when the act becomes law, applying to maps filed before, on, or after that date.
Intro. by Rabon, Meredith, Ford. | GS 136 |
Identical to H 330, filed 3/23/15.
Includes whereas clauses discussing the NC Medicaid program.
Repeals Section 3 of SL 2013-5, provisions prohibiting Medicaid Expansion.
Directs the Department of Health and Human Services, Division of Medical Assistance (DHHS), effective January 1, 2016, to provide Medicaid coverage to all people under age 65 that have incomes equal to or less than 133% of the federal poverty guidelines. Coverage provided will consist of the coverage described in 42 USC 1396(k)(1).
Appropriates from the General Fund to DHHS $6,591,224 for the 2015-16 fiscal year and $7,008,705 for the 2016-17 fiscal year for administrative costs associated with the expansion. Provides that these State funds are a state match for the estimated $19,773,673 for the 2015-16 fiscal year and $21,026,116 for the 2016-17 fiscal year in federal funds that will be received for the expansion which will also be used for administrative costs.
Appropriates from the General Fund to DHHS $95,264,480 in recurring funds for the 2016-17 fiscal year as part of the Medicaid rebase. Provides that these state funds are a state match to an estimated $2,445,121,643 in federal funds that will be received to pay for Medicaid services.
Sets out reductions to other state programs that serve the population that will be included in the Medicaid expansion, reflecting the savings generated by the expansion.
Appropriates from the General Fund to DHHS $24,403,395 for the 2015-16 fiscal year as part of the Medicaid rebase.
Effective July 1, 2015.
Intro. by Van Duyn, Foushee, Robinson. | APPROP |
Amends GS 131D-10.9A to require the Permanency Innovation Initiative Oversight Committee (Committee) to report to the chairs of the Senate Appropriations Committee on Health and Human Services, the chairs of the House of Representatives Appropriations Committee on Health and Human Services, and the Fiscal Research Division by February 15 of each year (was, to the General Assembly by September 15). Also requires the Committee to meet at least twice a year (was, at least once a quarter), upon the joint call of the cochairs.
Intro. by Barringer. | GS 131D |
Enacts new GS 116-209.25A establishing the Achieving a Better Life Experience (ABLE) Trust Fund to be administered by the State Education Assistance Authority (Authority) in order to enable contributors to save money to meet the cots of the qualified disability expenses of eligible individuals. Defines an eligible individual as an individual who, for a taxable year, either: (1) is entitled to benefits based on blindness or disability under Title II or XVI of the Social Security Act, and the blindness or disability is a preexisting condition that occurred before the date on which the individual turned 26 years old or (2) has a disability certification filed with the US Secretary of the Treasury for the taxable year. Defines disability certification as documentation that satisfies each of the following conditions: (1) a certification to the satisfaction of the US Secretary of the Treasury by the individual or the individual's parent or guardian that the individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months and (2) the individual is blind or disabled, and the blindness or disability occurred before the individual attained 26 years of age. Defines other terms as they are used in the statute. Specifies ways an ABLE account may be established and how contributions may be made, sets limitations on contribution amounts, and sets out provisions concerning changing designated beneficiaries.
Authorizes the Authority to accept, hold, invest, and disburse contributions and interest earned on such contributions. Requires the Authority to hold all contributions to the ABLE Trust Fund, and any earnings, in a separate trust fund to be invested in accordance with the statute. Requires the Authority to determine an appropriate investment strategy for the ABLE Trust Fund. Allows the Authority to deposit all or any portion of the ABLE Trust Fund for investment either with the State Treasurer or in the individual, common, or collective trust funds of an investment manager or managers that meet the specified requirements. Allows contributions to the ABLE Trust Fund to be invested in the individual, common, or collective trust funds of an investment manager if the investment manager: (1) has assets under management of at least $100 million dollars at all times and (2) is subject to the jurisdiction and regulation of the US Securities and Exchange Commission.
Requires the Authority to develop and perform all functions necessary to (1) administer the ABLE Trust Fund in a way that complies with the requirements of the Achieving a Better Life Experience Program as provided under the Tax Increase Prevention Act of 2014 and federal regulations under the act and (2) provide other services necessary to facilitate participation in the ABLE Trust Fund. Also allows the Authority to obtain the services of investment advisors or program managers.
Requires the Authority to ensure nine provisions in administering the Trust Fund, including that a person may make contributions for a taxable year for the benefit of an individual who is an eligible individual for the taxable year to an ABLE account established to meet the qualified disability expenses of the designated beneficiary of the account; that a designated beneficiary is limited to one ABLE account; and that a trustee or guardian appointed as a signatory of an ABLE account does not have or acquire any beneficial interest in the account and administers the account for the benefit of the designated beneficiary.
Allows the Authority to set an application, account, and administration fee.
Requires assets of and distributions for qualified disability expenses from an ABLE account to not be considered when determining whether a designated beneficiary's financial circumstances meet the eligibility requirements of other state assistance programs.
Effective when the act becomes law. Requires the Authority to begin accepting contributions when the State Treasurer notifies the Authority that federal regulations regarding the Achieving a Better Life Experience Program have been issued and provide the guidance necessary to implement the Trust Fund.
Intro. by Barringer, Hise, Apodaca. | GS 116 |
Enacts new GS 110-106.2. Requires Department of Defense (DOD) certified child care facilities to file a notice of intent to operate with the Department of Health and Human Services (DHHS), and require DHHS to then issue a North Carolina child care license to the DOD-certified child care facility. Defines DOD-certified child care facility. Requires each DOD-certified child care facility to file a report with DHHS indicating that it meets the minimum standards for child care facilities as provided by DOD. Provides that DOD-certified child care facilities are not subject to regulation by DHHS because all DOD rules and regulations for DOD-certified child care facilities are deemed equivalent to provisions of Article 7 and rules adopted by the Child Care Commission. Requires DHHS to rate DOD-certified child care facilities that have achieved specified accreditation as five-star-rated facilities, while those without the specified accreditation are to be rated as four-star. Sets out additional provisions concerning provisional licensure, lead teacher qualification, and administrator employee qualifications. Prohibits DHHS from assessing a licensure fee. Provides that a revocation of DOD certification results in termination of a NC child care license.
Amends GS 143B-168.15 to add that funds allocated under the statute for child care subsidies supplement and do not supplant any funds allocated to DOD-certified child care facilities licensed under GS 110-106.2.
Allows DOD-certified child care facilities licensed under GS 110-106.2 to participate in the state subsidized child care program provided that funds allocated from the state‑subsidized child care program to DOD-certified child care facilities supplement and not supplant funds. Requires that payment rates and fees for military families who choose DOD certified child care facilities and who are eligible to receive subsidized child care be as determined by the General Assembly in the Current Operations Appropriations Act for the 2015‑16 fiscal year.
Effective January 1, 2016.
To be summarized.
Intro. by Brown, B. Jackson, Clark. | GS 105 |
Amends GS 20-52, concerning applications for registration and certificate of title with the Department of Motor Vehicles (DMV) providing that, unless prohibited by federal law, applications for a certificate of title, a registration plate, a registration card, and any other document required by the DMV to be submitted with the application and requiring a signature, can be submitted to the DMV with an electronic signature in accordance with GS Chapter 66, Article 40. Provides authorization for the electronic notarization of any electronic signature required on any application or document submitted to the DMV in accordance to GS Chapter 10B, Article 2.
Amends GS 20-58.4, concerning the release of a security interest, providing that secured parties must send electronic notice of the discharge or satisfaction of a security interest in a vehicle, which the certificate of title data is notated by a lien through electronic means, within two business days from the date of satisfaction to the DMV by way of the electronic lien release system, pursuant to GS 20-58.4A. Sets out requirements for the electronic notice and requirements for the DMV to notify specified parties.
Effective December 1, 2015.
Intro. by Barefoot. | GS 20 |
Sets the following requirements for the encounter data submission requirements for local management entities/managed care organizations: (1) requires LME/MCOs to submit to the Department of Health and Human Services (DHHS) encounter data, consisting of records of claims payments made to providers, for Medicaid and state‑funded mental health, intellectual and developmental disabilities, and substance abuse disorder services using a single nationally recognized, standardized electronic format, which is specified to the LME/MCOs in advance; (2) allows DHHS to use encounter data for purposes that include setting LME/MCO capitation rates, measuring the quality of services managed by LME/MCOs, and assuring compliance with state and federal regulations, and for oversight and audit functions; and (3) prohibits requiring LME/MCOs to resubmit encounter data rejected by NCTracks or other receiving systems except those rejected for noncompliance with the standardized electronic format.
Intro. by Hartsell. | UNCODIFIED |
The Daily Bulletin: 2015-03-23
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the dates for 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 dates for the opening and closing dates for public schools. This act applies only to the school administrative units for Davidson County, Lexington City, and Thomasville City, beginning with the 2015-16 school year.
Intro. by R. Brown. | Davidson |
The Daily Bulletin: 2015-03-23
Actions on Bills: 2015-03-23
H 13: AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT.
H 29: TECHNICAL CHANGES TO COURSES OF STUDY STATUTE.
H 41: REV LAWS TECH CHANGES (NEW).
H 106: AMEND BANKING COMMISSION MEMBERSHIP (NEW).
H 117: NC COMPETES ACT.
H 146: AMEND ADVANCE HEALTH CARE DIRECTIVES LAWS.
H 173: OMNIBUS CRIMINAL LAW BILL.
H 201: ZONING CHANGES/CITIZEN INPUT.
H 308: CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN.
H 309: GOT NATURAL MILK.
H 314: PILOT/SPORTS FOR STUDENTS W/ DISABILITIES.
H 315: SHERIFF & LANDLORD/TENANT-WRITS OF POSS. CHG.
H 316: GIVE STUDENT BOG MEMBER THE VOTE.
H 317: MEDICAL MARIJUANA FOR TERMINALLY ILL PATIENTS.
H 318: PROTECT NORTH CAROLINA WORKERS ACT.
H 319: CDLS FOR VETERANS REVISIONS.
H 320: SMALL BUSINESS NEW JOB CREATION INCENTIVE.
H 325: REENACT CHILD CARE CREDIT.
H 326: LOTTERY GAME TO BENEFIT VETERANS.
H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)
H 328: HIGHWAY SAFETY/CITIZENS PROTECTION ACT.
H 330: EXPAND MEDICAID TO ALL BELOW 133% FPL/FUNDS.
H 331: SHERIFFS' SUPP. PENSION FUND/SICK LEAVE.
H 332: ENERGY POLICY AMENDMENTS.
S 29: COUNTY EUGENICS COMPENSATION AUTHORITY. (NEW)
S 114: CUSTODIAL PARENT/PARTY COOPERATE W/CHILD SUPP.
S 127: PERSONAL SERVICES CONTRACTS/PED (NEW).
S 212: HANDGUN STANDARDS FOR RETIRED SWORN LEO.
S 217: DISTRIBUTION OF HIGHWAY USE TAX AND FEES.
S 221: ADD FONTA FLORA TRAIL TO STATE PARKS SYSTEM.
S 225: THE BIRDS AND THE BEES ACT.
S 227: REPEAL AUTO ADJUST/CAMPAIGN CONTRIBUTIONS.
S 230: ELECTRONIC CAMPAIGN FINANCE REPORTS.
S 233: AUTOMATIC EXPUNCTION/MISTAKEN IDENTITY.
S 235: ESTABLISH ADVISORY COUNCIL ON RARE DISEASES.
S 237: EDUCATION-BASED SALARY SUPPLEMENTS.
S 238: STALKING BY GPS/CRIMINAL OFFENSE.
S 245: EXPLORATION STATION/GRASSROOTS SCIENCE FUNDS.
S 250: RESTORE AID TO COUNTY VETERANS SERVICES.
S 251: IN-STATE TUITION FOR CERTAIN VETERANS.
S 257: STEEL MANUFACTURING SLAG.
S 268: CREATE DEPARTMENT OF INFORMATION TECHNOLOGY.-AB
S 269: LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
S 273: MOTOR VEHICLE TAX: WAIVE PENALTIES/INTEREST.
S 279: AMEND QUAL./COUNSELING/LOCAL PREEMPTION. (NEW)
S 280: PROTECT NATIONAL GUARD REEMPLOYMENT RIGHTS.
S 281: STATE DEPTS. & AGENCIES/REQUIRED AUDITS.
S 282: STATEWIDE SUBMERGED LANDS INVENTORY.
S 284: INFRASTRUCTURE ASSESSMENTS/EXTEND SUNSET. (NEW)
S 287: NEW HISTORIC PRESERVATION TAX CREDIT.
S 288: AMEND LAWS REGARDING MENTAL COMMITMENT BARS.
S 289: EDUCATION PREPARATION REFORM ACT.
S 290: ALLOW EARLY REFILLS OF PRESCRIPTION EYE DROPS.
S 291: EXTEND OVERNIGHT RESPITE PILOT PROGRAM.
S 295: MOVE OVER/WASTE & RECYCLING TRUCKS.
S 310: DOMESTIC VIOLENCE/BAIL & AGGRAVATING FACTOR.
S 326: LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS. (NEW)
S 334: SBCC ELECTION.
S 339: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.
S 340: ECON. DEV./JOB CATALYST FUND.
S 341: REENACT QUALIFIED BUSINESS INVESTMENT CREDIT.
S 342: ECON. DEV./JDIG EXTENSION.
S 343: STUDENT ASSAULT ON TEACHER/FELONY OFFENSE.
S 344: ADMINISTRATION/NC EDUCATION ENDOWMENT FUND.
S 345: LIMIT STORAGE DURATION FOR DAMAGED VEHICLE (NEW).
S 346: ENACT STRICTER IMMUNIZATION REQUIREMENTS.
S 347: UP MINIMUM WAGE WITH COLA/CONST. AMENDMENT.
S 348: EQUAL TAX TREATMENT OF GOVT RETIREES.
S 349: AMD VARIOUS LAWS/STUDY GOLF COURSE TAX POLICY. (NEW)
S 350: ALLOW SPECIAL ELECTIONS/ODD-NUMBERED YEARS.
S 351: COLLECT DNA ALL VIOLENT FELONY ARRESTS.
S 352: STATE CRIME LAB CAPACITY ACT/FUNDS.
S 353: UNAUTHORIZED PRACTICE OF LAW CHANGES.
S 354: NORTH CAROLINA HEALTHCARE JOBS INITIATIVE.
S 355: INCREASE SAFETY/PROFESSIONAL HOUSEMOVING.
S 356: ELECTRONIC ADS/PROPERTY SEIZED BY POLICE.
S 357: PROHIBIT IMPROPER REPORTING TO CREDIT AGENCY.
S 358: MEDICAID REIMBURSEMENT FOR PRIMARY CARE.
S 359: PROMOTE NC-THINKS.
S 360: 2015 PRESIDENT PRO TEMPORE'S APPOINTMENTS.
S 361: OCCUPATIONAL LICENSING REFORM STUDY.
S 362: AMEND CERTAIN EXPUNCTION LAWS.
S 363: Wage & Hour/Local Gov't Assessments (NEW).
S 364: MAP ACT REVISIONS.
S 365: EXPAND MEDICAID TO ALL BELOW 133% FPL/FUNDS.
S 366: AMEND CERTAIN REQS/PERMANENCY INNOVATION COMM.
S 367: ABLE Act for NC. (NEW)
S 368: RECOGNIZE DEPT OF DEFENSE CHILDCARE STANDARDS.
S 369: SALES TAX FAIRNESS ACT.
S 370: E-SIGNATURES/VEHICLE TITLE AND REGISTRATION.
S 371: LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMENDS. (NEW)
Actions on Bills: 2015-03-23
H 130: DAVIE COUNTY/FOOD FOR DETENTION FACILITIES.
H 143: CHARLOTTE/CIVIL SERVICE BOARD.
H 307: ZEBULON CHARTER/USE OF CERTAIN FEES.
H 310: NO CLASS RANK COMPUTATION/CHAPEL HILL.
H 311: ABC STORE ELECTION/TOWN OF LELAND.
H 312: CERTAIN COUNTIES SHERIFF/FOOD PURCHASES.
H 313: PROMOTION GRIEVANCES/CITY OF STATESVILLE.
H 329: SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS.
S 5: UNION COUNTY LOCAL ACT.
S 139: TOWN OF SYLVA/PARKING ORDINANCES.
S 142: CUMBERLAND COUNTY CIVIC CENTER COMMISSION.
S 215: ABOLISH BRUNSWICK COUNTY CORONER.
S 246: INCREASE OPTIONS FOR LOCAL OPTION SALES TAX.
S 247: RALEIGH/DONATE SERVICE ANIMALS TO OFFICERS.
S 248: TOWN OF CARY/RELEASE UNNEEDED EASEMENTS.
S 249: ZONING/RECREATIONAL LAND REQ.-MORRISVILLE.
S 252: REPEAL CLAY COUNTY WILDLIFE EXCLUSION (NEW).
S 258: PARTY EXEC. COMM./FILL VACANCY/WASHINGTON CTY.
S 263: CABARRUS PUBLIC HEALTH FUNDS.
S 266: CLEVELAND COUNTY CORONER/ME RECOMMENDATIONS.
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