As title indicates. Makes the requirement that the State Board of Community Colleges designate all of Washington County as within the Beaufort County Community College service area effective July 1, 2015.
The Daily Bulletin: 2015-03-30
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The Daily Bulletin: 2015-03-30
Intro. by Tine. | Beaufort, Washington |
Amends GS 18B-903 to reduce the ABC permit renewal application fee for any permit issued to a Veterans of Foreign Wars post by 90%. Sets the annual registration and inspection fee for each malt beverage, fortified wine, or unfortified wine permit held by a Veterans of Foreign Wars post at $40 instead of $400. Applies to renewals and registrations on or after July 1, 2015.
Intro. by Bumgardner. | GS 18B |
Adds new Article 7, Body-Worn Cameras and Dashboard Cameras in GS Chapter 15A. Requires a law enforcement officer to wear and activate a body‑worn camera during any recordable interaction and inform the person the law enforcement officer is interacting with that the interaction is being recorded. Prohibits deactivating a body‑worn camera until (1) the conclusion of the recordable interaction; (2) the law enforcement officer has left the scene; (3) a supervisor, while being recorded, authorizes the law enforcement officer to deactivate the body‑worn camera; or (4) an exception listed in the statute authorizes deactivation. Specifies actions that must be taken before deactivating a body‑worn camera. Specifies seven exceptions to the requirement to activate a body‑worn camera. Requires a law enforcement officer to sign a waiver consenting to be recorded by a body‑worn camera and an acknowledgment of the requirements of the statute. Allows a recording captured by a body‑worn camera to be used as evidence in any relevant administrative, civil, or criminal proceeding. Allows a law enforcement agency to disclose or provide a copy of any recording captured by a body‑worn camera to any person requesting the information in writing. Allows any person who is denied access to a recording to apply to the appropriate division of the General Court of Justice for an order compelling disclosure or copying. Requires a law enforcement agency to keep an original, unredacted recording captured by a body‑worn camera for the later of (1) 60 days from the date of the recording; (2) the period specified in a court order; or (3) 10 days from the date an administrative, civil, or criminal proceeding in which the recording was used as evidence concludes.
Provides that if a law enforcement vehicle is equipped with a dashboard camera, it must be activated during a traffic stop, vehicle pursuit, vehicle search, or other interaction with the public that is within the range of the camera. Requires a law enforcement officer to inform the person the law enforcement officer is interacting with that the interaction is being recorded. Prohibits deactivating a dashboard camera until (1) the conclusion of the traffic stop, vehicle pursuit, vehicle search, or other interaction with the public; (2) the law enforcement officer has left the scene; (3) a supervisor, while being recorded, authorizes the law enforcement officer to deactivate the dashboard camera; or (4) an exception listed in subsection (b) of this section authorizes deactivation. Sets out exceptions to the requirement to activate a dashboard camera.
The above provisions are effective January 1, 2016, for members and officers of the State Highway Patrol and county law enforcement officers and effective January 1, 2017, for the remaining law enforcement officers subject to this act.
Appropriates from the General Fund to the Governor's Crime Commission within the Department of Public Safety $5,000,000 in nonrecurring funds for the 2015‑16 fiscal year and $5,000,000 in nonrecurring funds for the 2016‑17 fiscal year to provide grants to law enforcement agencies for the purposes of purchasing and maintaining body‑worn cameras. Requires grants to be matched on the basis of $1 in grant funds for every $5 in nongrant funds. Limits individual grant amounts to $100,000. Requires the Governor's Crime Commission to develop guidelines and procedures for the administration and distribution of grants. Effective July 1, 2015.
Requires the State Board of Community Colleges (Board) to establish the Community College Innovative Pilot Program for participating community colleges to establish new, innovative workforce development programs in development tier one and tier two counties. Specifies the purpose of the pilot. Requires implementation to begin with the 2016‑17 academic year and continue for of three academic years, ending with the 2018‑19 academic year. Requires the Board, in collaboration with the Department of Commerce, to develop criteria for approval of an application submitted by a community college serving a development tier one or tier two county to participate in the pilot program. Requires the Board to report to the Joint Legislative Education Oversight Committee by September 1, 2019, on the implementation and administration of the pilot program.
Appropriates from the General Fund to the Community Colleges System Office $5 million for 2015‑16 and $5 million for 2016‑17 to provide funds to implement the requirements of this act. Allows the Community Colleges System Office to use up to $100,000 of these funds each fiscal year for administration and evaluation of the pilot program. Provides that these funds appropriated for 2015‑16 do not revert at the end of the fiscal year, but shall remain available for expenditure for the purposes set forth in this act until June 30, 2017. Effective July 1, 2015.
Amends GS 14-112.3, as the title indicates.
Intro. by Glazier. | GS 14 |
Amends GS 148-84 as follows. Requires the Industrial Commission to award a claimant who was imprisoned erroneously for a capital felony and sentenced to death $100,000 for each year or the pro rata amount for the portion of each year of the imprisonment actually served, including any time spent awaiting trial. Requires that a claimant who was imprisoned erroneously for a capital felony and sentenced to life imprisonment or who was imprisoned erroneously for a noncapital felony to be awarded $50,000 for each year or the pro rata amount for the portion of each year of the imprisonment actually served, including any time spent awaiting trial. Prohibits compensation from exceeding $1.5 million for a claimant who was imprisoned erroneously for a capital felony and sentenced to death and $750,000 for a claimant who was imprisoned erroneously for a capital felony and sentenced to life imprisonment or who was imprisoned erroneously for a noncapital felony.
Effective when the act becomes law and applies to any person granted a pardon of innocence on or after that date.
Intro. by Glazier, Michaux, Harrison. | GS 148 |
To be summarized.
Intro. by Avila, Farmer-Butterfield, Jordan, D. Hall. |
The Daily Bulletin: 2015-03-30
Part I. Administrative Reforms
Section 1.1
Repeals GS 14‑197 (Using profane or indecent language on public highways; counties exempt) and GS 14‑401.8 (Refusing to relinquish party telephone line in emergency; false statement of emergency).
Section 1.2
Enacts new GS 150B-25.1 to provide that the petitioner in a contested case has the burden of proving the facts by a preponderance of the evidence. Places the burden on the state agency when the contested case involves the imposition of civil fines or penalties to show, by a preponderance of the evidence, that the person actually committed the act for which the fine or penalty was imposed. Places the burden of showing by a preponderance of the evidence that a career state employee subject to GS Chapter 126 was discharged, suspended, or demoted for just cause on the agency.
Requires the Joint Legislative Administrative Procedure Oversight Committee to study whether there are other categories of contested cases where the burned of proof should be placed with the agency.
Applies to contested cases commenced on or after the date the section becomes effective.
Section 1.3
Amends GS 120-121 by adding two new subsections, (e) and (f), regarding legislative appointments. Under subsection (e), when the Speaker of the House of Representatives (Speaker) or the President Pro Tempore of the Senate (President Pro Tem) is directed by law to make a recommendation for an appointment by the General Assembly and the legislator is also directed to make the recommendation in consultation or upon the recommendation of a third party, the following applies: (1) the recommendation or consultation is discretionary and not binding upon the legislator, (2) the third party must make the recommendation or consultation at least 60 days before the expiration of the term or within 10 business days from the occurrence of a vacancy, and (3) failure by the third party to submit the recommendation or consultation to the legislature within the required time periods are to be viewed as a waiver by the third party of the opportunity. Provides that subsection (f) applies when the Speaker or the President Pro Tem is directed by law to make a recommendation for an appointment by the General Assembly and the legislator is also directed to make the recommendation from nominees provided by a third party. Under subsection (f), the third party must submit the nominees at least 60 days before the expiration of the term or within 10 business days from when the vacancy occurs; if the third party fails to submit the nomination to the legislator within the time periods required under this subsection, the failure to submit the nomination is deemed a waiver on the part of the third party.
Enacts new GS 120-124, Appointments made by legislators, to provide that in any case where a legislator is called upon by law to appoint a member to a board or commission on the recommendation or in consultation with a third party, the recommendation or consultation is discretionary and is not binding on the legislator. Requires the third party to submit the recommendation or consultation at least 60 days before the expiration of the term or within 10 business days from the occurrence of a vacancy. Provides that in any case where a legislator is called upon by law to appoint a member to a board or commission from nominees provided by a third party, the third party must submit the recommendation or consultation at least 60 days before the expiration of the term or within 10 business days from the occurrence of a vacancy. Provides that this subsection does not apply to nominations made under GS 120-99(a) (creation and composition of the Legislative Ethics Committee) nor under GS 120-100(b) (filling a vacancy on the Legislative Ethics Committee). Failure to submit the recommendation, consultation, or nomination within the time periods required under this section shall be deemed a waiver of the opportunity by the third party.
Makes this section effective when it becomes law and applies to recommendations, consultations, and nominations made on or after that date.
Part II. Business Regulation
Section 2.1
Amends GS 93A-2(c)(1), concerning license requirements of real estate brokers, providing that owners of an exempt closely held business as well as officers, managers, and employees of a closely held business entity owned by a person meeting the specified qualifications are not subject to licensure or other requirements found in GS 93A-1 or GS 93A-2. Makes organizational and clarifying changes to the statute. No longer requires managers of an exempt limited liability company to be engaged in acts or services for which the entity would be exempt in order be eligible for the exemption. Also extends the exemption to employees of an exempt limited liability company or an exempt partnership.
Part III. State and Local Government Regulations
Section 3.1
Amends Subsection 6A.14(a) of SL 2011-145 to require that agencies report annually, instead of quarterly, on issues related to agency mobile phones.
Section 3.2
Amends GS 20-27.6 to allow, instead of require, a sign designating a handicapped parking space to state the maximum penalty for parking in the space in violation of the law. Adds that a sign designating the handicapped parking space must not state the incorrect maximum penalty. Also increases the minimum fine for parking in a handicapped space without the required placard from $100 to $250 and increases the maximum from $250 to $500. Applies to offenses committed on or after December 1, 2015.
Section 3.3
Amends GS 14-56 to add that it is not illegal for any person to break or enter any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft if: (1) the person acts in good faith to access a person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft to provide first aid or emergency health care treatment or because the person inside is in imminent danger; (2) it is reasonably apparent that the circumstances require prompt decisions and actions in medical, other health care, or other assistance; or (3) the necessity of immediate health care treatment or removal of the person is so reasonably apparent that any delay in the rendering of treatment or removal would seriously worsen the physical condition or endanger the life of the person. Applies to offenses committed on or after July 1, 2015.
Section 3.4
Enacts new Article 43F, Immunity for Damage to Vehicle, in GS Chapter 1 to provide immunity from civil liability for damage done to a railroad car, motor, vehicle, trailer, aircraft, boat, or other watercraft if one of the same three circumstances described in Section 3.3 above exist. Applies to causes of action arising on or after July 1, 2015.
Section 3.5
Amends various provisions of GS Chapter 15A to provide that a petition for expunction can not be denied solely based on a boating violation.
Section 3.6
Amends GS 20-84 to allow the Division of Motor Vehicles (DMV) to issue a permanent license plate for a trailer used as an attachment to the rear of a motorcycle. Effective July 1, 2015.
Section 3.7
Amends GS 20-137.1 to increase the penalty for having an unsecured child in a motor vehicle from $25 to $100. Provides that the failure to restrain an occupant who appears to be a child less than eight years old and less than 80 pounds is justification for stopping a vehicle. Deletes the provision prohibiting convicting a driver charged for failure to have a child under age eight properly secured in a restraint system if the driver produces proof at the trial that the driver has subsequently acquired an approved restrain system for the vehicle in which the child is normally transported. Applies to offenses committed on or after December 1, 2015.
Section 3.8
Amends GS 122C-81 to allow exempting an MH/DD/SA provider that is accredited under the statute and in good standing with the national accrediting agency from routine monitoring that is duplicative of the national oversight.
Section 3.9
Amends GS 130A-248 to provide that the issuance of a new permit or a transitional permit voids any previously issued permit for an establishment in that location.
Section 3.10
Amends SL 2011-145, Section 10.7(b), to require the Childcare Commission to recommend comprehensive (was, review and approve) evidence-based early childhood curricula with a reading component. Deletes the requirement that the curricula be included in More at Four. Makes conforming changes. Requires the North Carolina Foundations for Early Learning and Development report (Foundations) produced by the North Carolina Foundations Task Force standards to be used by four‑ and five‑star daycare facilities for selecting any curriculum and formative assessments that are used by the facilities in each classroom where four‑year‑old children are enrolled. Specifies administrator teacher training requirements, as well as requirements for training other instructional staff.
Part IV. Environmental and Natural Resources Regulation
Section 4.1
Enacts new Part 7D in GS Chapter 8, Environmental Audit Privilege and Limited Immunity, to create an environmental audit privilege to protect the confidentiality of communications relating to voluntary internal environmental audits. Defines environmental audit. Applies to activities regulated under environmental laws including (1) Article 7 of GS Chapter 74; (2) GS Chapter 104E; (3) Article 25 of GS Chapter 113; (4) Articles 1, 4, and 7 of GS Chapter 113A; (5) Article 9 of GS Chapter 130A; (6) Articles 21, 21A, and 21B of GS Chapter 143; and (7) Part 1 of Article 7 of GS Chapter 143B. Makes an environmental audit report privileged and immune from discovery and provides that it is not admissible as evidence in civil or administrative proceedings instituted by an enforcement agency. Lists seven documents that are exempt from the privilege. Provides that the privilege does not apply to criminal investigations or proceedings.
Provides that the privilege does not apply to the extent that it is expressly waived in writing. Specifies persons to whom the audit report and information generated from the audit may be disclosed without waiving privilege. Specifies instances in which disclosure of the audit does not constitute a waiver.
Requires an owner or operator, in order to assert the privilege, to notify the enforcement agency of the existence of the audit no later than 10 working days after an agency completes an inspection.
Allows an enforcement agency to seek by motion a declaratory ruling on the issue of whether an environmental audit report is privileged in a civil or administrative proceeding. Sets forth the circumstances under which the privilege can be revoked.
Provides that a party asserting the privilege has the burden of providing that (1) the materials claimed as privileged constitute an environmental audit report and (2) compliance has been achieved or will be within a reasonable period of time. A party seeking disclosure has the burden of providing the condition for disclosure.
Provides that the owner or operator of a facility is immune from imposition of civil and administrative penalties and fines for a violation of environmental laws voluntarily disclosed. The waiver of penalties and fines is not granted until the agency has certified that the violation was corrected within a reasonable period of time. Specifies conditions that must be met in order for a disclosure to be considered voluntary. Specifies factors that make a disclosure nonvoluntary. A voluntary disclosure is subject to disclosure under the Public Records Act.
Prohibits local laws, rules, ordinances, or permit conditions that circumvent or limit the privilege or the exercise of the privileges or the presumption and immunity established.
Provides that an owner or operator of a facility who makes a voluntary disclosure of a violation of environmental laws discovered through performance of an environmental audit is only entitled to exercise the privilege or immunity once in a two-year period, no more than twice in a five-year period, and no more than three times in a ten-year period.
Effective July 1, 2015, and applies to environmental audits conducted on or after that date.
Section 4.2
Amends GS 143-64.12 to no longer require energy audits to be conducted.
Section 4.3
Repeals GS 74-54.1(c), no longer requiring reporting on the costs of The Mining Act of 1971.
Repeals GS 113-175.6, no longer requiring the annual report on the Marine Resources Fund and the Endowment Fund.
Amends GS 113-182.1 to no longer require a report on the development and implementation of fishery management plans.
Repeals GS 143B-279.15 to no longer require reporting on the One-Stop for Certain Environmental Permits Program.
Repeals GS 143B-289.44(d) to no longer require the report on the North Carolina Aquariums Fund.
Repeals GS 159I-29 to no longer require reports on loans made from the Solid Waste Management Loan Fund.
Repeals Section 2.3 of SL 2007-485 to no longer require the report on waterfront access.
Section 4.4
Requires the Coastal Resources Commission (Commission) to amend its rules for the use of temporary erosion control structures: (1) to allow the placement of temporary erosion control structures on a property experiencing coastal erosion even if there are no imminently threatened structures on the property if the property is adjacent to a property where temporary erosion control structures have been placed; (2) to allow the placement of contiguous temporary erosion control structures from one shoreline boundary of a property to the other shoreline boundary, regardless of proximity to an imminently threatened structure; and (3) requires the termination date of all permits for contiguous temporary erosion control structures on the same property to be the same and be the latest termination date for any of the permits. Also requires the Commission to adopt temporary rules to implement this section no later than December 31, 2015, and requires adopting permanent rules to implement this section.
Section 4.5
Repeals Part 8, Sedimentation Control Commission (Commission), of Article 7 of GS Chapter 143B. Amends various statutes in GS Chapters 113A, 143B, and 150B to make the Environmental Management Commission (EMC) responsible for duties previously delegated to the Commission. Makes conforming changes to GS 143B-282. Requires the EMC to review rules adopted by the Commission and amend or repeal any rules that the EMC determines are outdated, unnecessary, duplicative, or confusing. Requires the EMC to report on any action taken to the Environmental Review Commission by January 1, 2016. Effective June 30, 2015.
Section 4.6
Repeals GS 130A-309.134(h) to no longer require reporting on the weight of discarded equipment recycled and associated compliance activities.
Section 4.7
Repeals GS 130A-309.135(g) to no longer require reporting on recycled televisions.
Section 4.8
Repeals GS 130A-309.140, no longer requiring reporting on recycling of discarded computer equipment and televisions.
Section 4.9
Requires DENR to study ways to optimize the state's recycling requirements for discarded computer equipment and televisions. Specifies items that must be included in the study. Requires DENR to report to the Environmental Review Commission on or before December 1, 2015.
Section 4.12
Amends GS 130A-310.31 to provide that prospective developer has the same meaning as bona fide prospective purchaser under the Small Business Liability Relief and Brownfields Revitalization Act. Applies to notices of Intent to Redevelop a Brownfields Property filed on or after July 1, 2015.
Section 4.13
Repeals GS 105-102.6, concerning incentives for the recycling of newsprint and magazines and for the use of newsprint that contains recycled content.
Repeals GS 130A-309.17(d) and (i), concerning fees for the registration of persons transporting, collecting, or recycling used oil.
Part V.
Includes a severability clause.
Part I. Individual Income Tax
Amends GS 105-153.5 by removing the standard deduction for individual income taxes. Makes clarifying and conforming changes to the deductions allowed for charitable contributions and home mortgage and real property taxes, the sum of which determine the amount of the itemized deduction.
Amends GS 105-153.7, effective for taxable years beginning on or after January 1, 2016, to reduce the individual income tax rate from 5.75% to 5.625% and sets the rate at 0% for married individuals who file jointly and make up to $17,500; heads of household making up to $14,000; and unmarried individuals, or married individuals filing separately, making up to $8,750. Further amends GS 105-153.7, effective for taxable years beginning on or after January 1, 2017, to reduce the individual income tax rate to 5.5% and sets the rate at 0% for married individuals who file jointly and make up to $20,000; heads of household making up to $16,000; and unmarried individuals, or married individuals filing separately, making up to $10,000.
Part II. Franchise Tax
Amends GS 105-120.2 to require corporations to pay the greater of the following: (1) a franchise or privilege tax at the rate of $1.35 (was, $1.50) per $1,000 of the amount determined under the statute, and increases the cap on the tax from $75,000 to $150,00 and increases the minimum amount of the tax from $35 to $200 or (2) if the tax calculated under this provision exceeds the tax under (1), then the tax is levied at the rate of $1.35 per $1,000 on the greater of 55% of the appraised value of all the real and tangible personal property in this state of each such corporation plus the total appraised value of intangible property returned for taxation of intangible personal property or the total actual investment in tangible property in this state of such corporation.
Amends GS 105-122 to require a corporation taxed under the statute to define its net worth, which is the corporation's total assets less its total liability. Adjusts net worth by allowing a deduction for the accumulated depreciation and amortization, requires an addition for indebtedness the corporation owes to a parent, subsidiary, or an affiliate (allowing specified adjustments to the amount), and allows a deduction of the cost of treasure stock. Requires corporations doing business in the state and in one or more other states to apportion its net worth (was, its capital stock, surplus, and undivided profits) to this state. Makes conforming changes. Deletes (d1), concerning allowable credits.
Effective for taxable years beginning on or after January 1, 2016.
Part III. Corporate Income Tax
Amends GS 105-130.3 to reduce the corporate income tax rate for C Corporations from 5% to 4.5%. Effective for taxable years beginning on or after January 1, 2016.
Repeals GS 105-130.3C, concerning the rate reduction trigger.
Further amends GS 105-130.3 to again reduce the corporate income tax rate for C Corporations to 4%. Effective for taxable years beginning on or after January 1, 2017.
Amends GS 105-130.5 to require that royalty payments and interest expenses be added when determining state net income. Removes nine of the allowable deductions. Amends GS 105-130.7A to provide that royalty payments received for the use of intangible property in this state and interest expenses received from a related member are income derived from doing business in this state. Provides that the use of the royalty and interest expense reporting options does not prevent a corporation from otherwise having a filing requirement under other provisions of GS Chapter 105. Defines interest expense. Effective for taxable years beginning on or after January 1, 2016.
Part IV. Phase in Single Sales Factor Apportionment and Use Market-Based Sourcing
Amends GS 105-130.4(i) to require that all apportionable income of corporations other than public utilities, excluded corporations, and qualified capital intensive corporations be apportioned to this state by multiplying the income by a fraction, the numerator of which is the property factor plus the payroll factor plus four times (was, plus twice) the sales factor, and the denominator of which is six (was, four). Provides that if the sales factor does not exist, the denominator of the fraction is the number of existing factors and if the sales factor exists but the payroll factor or the property factor does not exist, the denominator of the fraction is the number of existing factors plus three (was one). Effective for taxable years beginning on or after January 1, 2016.
Further amends GS 105-130.4(i) to provide that apportionable income of corporations must be apportioned to this state by the sales factor as determined under subsection (l) of the statute. Effective for taxable years beginning on or after January 1, 2017.
Effective for taxable years beginning on or after January 1, 2017, repeals GS 105‑130.4(a)(4) (defining excluded corporation), (j) (concerning the property factor in determining apportionable income), (k) (concerning the payroll factor in determining apportionable income), and (s1) (concerning apportionable income of a qualified capital intensive corporation), and GS 105‑130.4(r1) as enacted by Section 4.2 of this act.
Amends GS 105-130.4 to add the following to the items that are not included in the gross receipts of the corporation when determining sales: (1) the portion of receipts from financial swaps and other similar financial derivatives that represents the notional principal amount that generates the cash flow traded in the swap agreement and (2) receipts in the nature of dividends subtracted under GS 105‑130.5(b)(3a), (3b), and dividends excluded for federal tax purposes. Adds that other sales are in this state if the taxpayer's market for the sales is in this State. Clarifies that the taxpayers' market for sales is in this state if one or more of the three specified conditions apply, and provides within those conditions the circumstances under which intangbile property is used in the state. Provides that sales of tangible personal property are sourced as provided elsewhere in the statute; other sales are sourced to this state as follows: (1) the receipts are from real or tangible personal property located in this state, (2) the receipts are from intangible property and are received from sources within this state, and (3) the receipts are from services and the income‑producing activities are in this State. Specifies how apportionable income of an excluded corporation is apportioned. Effective for taxable years beginning on or after January 1, 2016.
Part V. JDIG Modifications
Amends GS 143B-437.51, adding definitions for (1) high-yield project and (2) major market community to those that apply to the Job Development Investment Grant Program (JDIG).
Amends GS 143B-437.52, which established the JDIG Program, to specify limitations that apply to grant amounts awarded via the JDIG Program. Sets out factors determining the maximum amount for total annual liability for grants awarded in a single calendar year, the quarterly commitment limitations, and the maximum percentage of the amount authorized for grants awarded in a major market community.
Amends GS 143B-437.53 regarding determining the eligibility of grant applicants. Adds the requirement that wage standards be met and increases the minimum number of eligible positions. Also amends GS 143B-437.56, providing that the grant amount awarded will be a percentage of the withholding of eligible positions for a period of years and sets out further guidelines for determining the maximum percentage. Amends the criteria for determining the duration of the grant.
Provides that the authority of the Economic Investment Committee to award new grants expires January 1, 2018 (was, January 1, 2016).
Effective when the section becomes law and applies to awards made under Part 2G of Article 10 of GS Chapter 143B on or after that date.
Part VI.
Except as otherwise provided, the act is effective when it becomes law.
Enacts new GS Chapter 20, Article 10A, concerning the regulation of transportation network companies (TNC), setting out definitions for use in this section, including prearranged transportation services, transportation network company (TNC), TNC driver (driver), and TNC service (service). Provides that TNCs must hold a valid permit and continuously meet the the requirements of this Article to operate in North Carolina. Sets out four regulations for charging fees for use of the service, including that the TNC discloses the fee calculation method via its online application (app) prior to a ride request, the app provides an estimated fee before a ride request is completed, that the TNC sends an electronic receipt to the customer containing the specified information, and the fee must be paid electronically. Authorizes a driver to provide the service for compensation in North Carolina as well as to provide other services if the requirements are met to operate as a for-hire passenger vehicle.
Sets out provisions for obtaining the required permit to operate as a TNC in North Carolina, including paying a $5,000 nonrefundable application fee to the Department of Motor Vehicles (DMV). Requires the permit to be renewed annually for $5,000. Sets out the information that is required to apply for the above permit, including proof of the specified insurance requirements, resident agent for service of process, and proof of registration with the Secretary of State to do business in the State.
Provides financial responsibility provisions, requiring TNCs to provide liability insurance for bodily injury or death of others and for injury or destruction of property while a car is used in the service in the amount equal to or greater than $1.5 million. Requires the TNC to provide liability insurance for each vehicle utilized by the driver while the driver is available on the TNC's app subject to specific limits.
Requires the TNC to disclose in writing to its drivers specified insurance information, including the insurance coverage limits of liability that the TNC provides, and also state that the driver's personal automobile insurance may not provide required or optional coverage when the driver uses a vehicle in connection with a company's online application or platform.
Specifies safety requirements for TNCs and drivers, including a requirement that TNCs require their drivers to have their vehicles inspected annually. Also requires the TNC app to provide specified information after a ride request has been accepted by a driver, including license plate number of the driver's vehicle, a description of the driver's vehicle, and approximate location of the driver's vehicle displayed on a map. Requires a TNC to maintain records of each TNC service provided for one year from the date of the service and the record of each driver for one year from the date the driver terminated their relationship with the TNC.
Requires TNCs, before permitting an individual to act as a driver, to submit an application, including, at a minimum, the address, age, driver's license number, driving history, vehicle registration, and liability insurance information. Also requires a TNC to (1) conduct, or have a third party conduct, a local and national criminal history records check for each applicant, using specified databases and (2) obtain and review a driving record check for each applicant.
Provides seven conditions where if applicable to an applicant or his or her record, then a TNC is prohibited from approving that individual's application to be a driver, including that the applicant does not possess a valid driver's license, is a match in the National Sex Offender Registry, or is not at least 19 years old. Conditions also include various moving violations and criminal offenses.
Authorizes the DMV to issue regulations to implement GS Chapter 20, Article 10A.
Includes a rebuttable presumption that drivers are independent contractors.
Prohibits the regulation of TNCs or services by any other law, regulation, or authority in North Carolina.
Amends GS 20-4.01(27), the definition for passenger vehicles, making technical changes and adding language that provides that vehicles operated in a TNC service under GS Chapter 20, Article 10A, are considered as for-hire passenger vehicles.
Amends GS 20-87 making conforming and clarifying changes.
Amends GS 153A-134 and GS 160A-194, updating language by deleting "digital dispatching services for prearranged transportation services for hire" and replacing it with "A TNC service regulated under Article 10A of Chapter 20 of the General Statutes."
Amends GS 160A-304, Regulation of taxis, making technical changes reflecting the new provisions regulating TNCs and TNC services.
Effective July 1, 2015.
Recodifies GS 143B-426.38A as GS 147-33.77A. Deletes all provisions in subsection (a) of previous GS 143B-426.38A, regarding state data sharing requirements, and replaces it with a new subsection (a) in new GS 147-33.77A, with definitions for the following terms as they apply in this section, on the provisions of the Government Data Analytics Center (GDAC): (1) business intelligence, (2) data analytics, and (3) enterprise-level data analytics.
Amends GS 147-33.77A(b) to clarify that the GDAC is established in the Office of Technology Information Services [was, established in the Office of the State Chief Information Officer (State CIO)]. Identifies that the purpose of the GDAC is to utilize public-private partnerships as part of a statewide data integration and data-sharing initiative to generate greater efficiency and improved service delivery by state agencies, departments, and institutions.
Clarifies that the GDAC is to advise and assist the State CIO in managing this initiative. Identifies the powers and duties of the State CIO that are to be carried out via the GDAC. Expands those powers and duties to include (1) utilizing a common approach to establish standards for business intelligence initiatives for all state agencies and to prevent developing projects that do not meet established standards and (2) the creation of efficiencies in state government by ensuring that state agencies use the GDAC for agency business intelligence requirements.
Provides that the statewide data integration and data-sharing initiative is to include all state agencies, departments, and institutions, including the University of North Carolina, as specified in this act, which includes the designation of advisees to this initiative by the Chief Justice of the North Carolina Supreme Court and the Legislative Services Commission.
Directs the State CIO, with assistance from the Office of State Budget and Management (OSBM), to identify potential funding sources for expansion or development of projects. Sets parameters that prohibit initiating, expanding, or extending any GDAC project without the specific approval of the General Assembly or prior consultation with the Joint Legislative Commission on Governmental Operations and a report to the Joint Legislative Oversight Committee on Information Technology, unless the project can be implemented within the funds appropriated for GDAC projects. Deletes all of the requirements regarding the phases of the initiative from the prior statute, GS 143B-426.38A, recodified in this act as GS 147-33.77A.
Delineates the general duties of all state agencies regarding data sharing and includes specific requirements regarding the state agencies with specified responsibilities relating to workers' compensation claims for the purpose of preventing and detecting fraud.
Includes provisions on privacy and confidentiality of information with respect to access to certain types of information under the initiative and specifies limitations that apply to the release of information compiled and collected under the initiative.
Directs the Office of Information Technology Services (was, the Office of the State CIO), with support of the OSBM, to identify and make all efforts to secure any matching funds or other resources to assist in funding the GDAC (was, this initiative). Makes conforming changes to the reporting requirements to reflect the organizational changes in deleting the implementation of the initiative in phases. Directs the State CIO to report to the Joint Legislative Oversight Committee on Information Technology on projects that are failing to achieve projected savings. Requires the report to include a proposed corrective action plan for the project.
Makes additional organizational changes, deleting subsections (f), (g), and (h) of GS 143B-426.38A, which is recodified in this act as GS 147-33.77A, and incorporating the subject areas of those subsections into GS 147-33.77A.
Makes conforming changes to GS 20-7(b2)(6), GS 20-43(a), and GS 105-259(b)(45). Directs the Revisor of Statutes to substitute statute number GS 147-33.77A for statute number GS 143B-426.38A wherever it appears in the General Statutes.
States the General Assembly's intent to transform the state's health care purchasing methods from a traditional fee‑for‑service system into a value‑based system that provides budget predictability while ensuring quality care. Requires the new purchasing program to be designed to: (1) provide budget predictability and stability, (2) achieve cost savings through improved population health, (3) appropriately value primary care as the foundational level of health care required by all North Carolinians, (4) jointly incentivize patients and providers in pursuit of better health, and (5) improve access and choice for beneficiaries in a market‑driven environment. Provides that once reform is fully implemented, the state's budget variability must be limited to the variations in enrollment numbers and patient mix for the capitated populations. Sets out requirements for the 11 principal building blocks of purchasing reform including provisions for Patient Population, Primary Care Medical Homes, At‑Risk Provider‑Led Organizations (ARPLOs), Plan Administrators, Licensed Commercial Health Insurers, and Cooperation between ARPLOs and LME/MCOs. Sets out definitions as used in the act.
Requires the Department of Health and Human Services (DHHS) to develop, with stakeholder input, a detailed plan for purchasing reform that meets the goals listed above and includes the building blocks listed in the act. Requires that the plan provide for strategic changes to the Patient Population and include 15 specified elements.
Requires DHHS, by April 15, 2015, to report to the General Assembly on its strategic plan for the Medicaid reforms. Specifies actions that must be taken if a detailed plan cannot reasonably be completed by April 15, 2015.
Requires beginning September 1, 2015, and every six months thereafter until a final report on September 1, 2020, the DHHS and other administrators to report to the General Assembly on the state's progress toward completing transformation in the Patient Population. Specifies that reports are due to the Joint Legislative Oversight Committee on Medical Benefits.
Requires DHHS to work with the Centers for Medicare & Medicaid Services (CMS) to attempt to preserve existing levels of funding generated from Medicaid‑specific funding streams, such as assessments, to the extent that the levels of funding may be preserved. Requires that if Medicaid‑specific funding cannot be maintained as currently implemented, then DHHS must advise the General Assembly of the modifications necessary.
Enacts new Article 23B in GS Chapter 120, establishing the 14-member Joint Legislative Oversight Committee on Primary Care and Medical Benefits (Committee). Requires the Committee to examine budgeting, financing, administrative, and operational issues related to: (1) the reform of purchasing primary care for Medicaid and the State Health Plan; (2) monitoring the effectiveness of engagement strategies and outcomes produced by authorized primary care medical homes, ACO, and Commercial Plans; (3) review of criteria for establishing minimum benefits to be provided by primary care medical homes and the value of periodic payments made to providers; and (4) review effectiveness and financial performance of the State Health Plan in conjunction with the Treasurer's office and the State Health Plan Board of Directors. Sets out provisions governing Committee membership and organization. Sets out the Committee's powers. Requires that when DHHS is required by law to report to the General Assembly or to any of its permanent, study, or oversight committees or subcommittees on matters affecting DHHS, then DHHS must give a copy of the report to the cochairs of the Committee.
Repeals GS 120-208.1(a)(2)b, taking away the power of the Joint Legislative Oversight Committee on Health and Human Services to examine issues relating to services provided by the DHHS Division of Medical Assistance.
Makes conforming changes to GS 120-208.1. Effective September 1, 2015.
Requires any reports by DHHS or the Division of Medical Assistance on Medicaid due during the 2014-15 fiscal year to be made to the Joint Legislative Oversight Committee on Primary Care. Effective September 1, 2015.
Requires DHHS to manage the consolidation of LME/MCOs to no more than six, and no less than four, regional entities effective January 1, 2017. Requires DHHS to designate the surviving entity for each region by October 1, 2015. Specifies data that DHHS must take into consideration in making the determination of the surviving entity.
Except as otherwise provided, this act is effective when it becomes law.
Directs the Department of Transportation (DOT) to study: (1) the weight restrictions on bridges serving agricultural areas and (2) limits and regulatory barriers governing the transporting of fuel for agricultural use for farms and from one farm to another.
Requires the DOT to report its findings, recommendations, and any legislative proposals to the Joint Legislative Transportation Oversight Committee no later than February 1, 2016.
Directs the Department of Environment and Natural Resources (DENR) to study and report on the regulatory barriers that farmers face in counties regulated under Article 7 of GS Chapter 113A that are affected by diminished drainage of surface water from farmland due to a rising sea level. Requires the report to include DENR's recommendations for economically viable and environmentally sound methods for sufficient drainage of coastal agricultural lands that are impacted by rising sea levels.
Directs DENR to report its findings, recommendations, and any legislative proposals to the Environmental Review Commission no later than February 1, 2016.
Intro. by Cook. | STUDY |
Part I.
Amends GS 143B-431.1 to require the nonprofit that the Department of Commerce (Commerce) contracts with to include on its board a member with expertise in shellfish or other aquaculture. Adds to the mandatory contract provisions that the nonprofit must create an entity within the corporation that is responsible for developing a strategic plan to further economic development of and otherwise providing continuing assistance to the state's shellfish and other aquaculture industries. Requires Commerce to take the steps necessary to ensure that the contract complies with these requirements.
Part II.
Amends GS 113-202 to no longer require that a shellfish cultivation lease application include a survey of the area approved for leasing. Also doubles the duration of the initial and renewal leases. Applies to shellfish lease applications received on or after July 1, 2015.
Part III.
Requires the Division of Marine Fisheries, in consultation with specified entities, to create a proposal to open certain areas of the Core Sound to shellfish cultivation leasing. Requires a report by May 1, 2016, to the Joint Legislative Commission on Governmental Operations.
Part IV.
Amends GS 106-758 to include within the definition of aquaculture marine hatcheries and other deep water fish farming operations in the state's coastal and ocean waters.
Amends GS 106-761 to require the Department of Agriculture and Consumers Services (DACS) to also regulate the production and sale of commercially raised saltwater fish and crustacean species. Requires the Board of Agriculture (Board) to designate the species of fish, crustaceans, and shellfish that may be produced and sold under a Marine Aquaculture Propagation and Production Facility License, as created in the act. Specifies issues that must be taken into account in making the designation. Allows the Board to authorize and license the operation of fish hatcheries and production facilities for species of fish listed above. Requires the Board to (1) consult with the Marine Fisheries Commission and the National Marine Fisheries Service regarding appropriate measures to protect wild stocks from disease or genetic contamination and (2) enter into memoranda of agreement with the US Army Corps of Engineers and any other appropriate state or federal regulatory agencies regarding appropriate standards and markings for marine aquaculture structures to avoid impairment of navigation. Provides that marine aquaculture facilities requiring the use of public bottom lands underlying waters of the state or the superjacent water column also require a lease from the Department of Environment and Natural Resources. Allows the Board to prescribe standards of operation, qualifications of operators, and the conditions under which fish may be commercially reared, transported, possessed, bought, and sold. Makes the Marine Aquaculture Propagation and Production Licenses valid for five years. Makes it illegal for anyone without a Marine Aquaculture Propagation and Production Facility License and associated lease to take or attempt to take marine species being produced under the license and associated lease from any privately leased, franchised, or deeded marine aquaculture operation without written authorization of the holder and with actual knowledge it is a marine aquaculture leased area. Violations are a Class A1 misdemeanor, which may include a fine of up to $5,000.
Enacts new Article 16A, Leasing of Bottom Land and Waters of the State for Marine Aquaculture, in GS Chapter 113. Allows the Secretary of Environment and Natural Resources (Secretary) to grant marine aquaculture leases for the public bottom under the terms specified to state residents who have a Marine Aquaculture Propagation and Production Facility License when it is determined that the public interest will benefit from issuance of the lease. Specifies standards that must be met for suitable areas for marine aquaculture. Specifies additional duties of the Secretary concerning the leasing, sets out the procedure for applying for a lease, and requires the area of bottom applied for to be as compact as possible. Sets out steps to be taken in deciding whether to approve leases, including conducting a public hearing in the county where the proposed leasehold lies. Leases are for 10 years and can be renewed. Specifies seven conditions under which the leasehold must be terminated and sets out the procedure for the termination. Allows the Secretary to include in marine aquaculture leases provisions allowing the use of the water column superjacent to the leased bottom when the Secretary determines the public interest will benefit from inclusion of water column provisions. Specifies requirements for suitable areas for the authorization of water column use.
Amends GS 113-134.1 to provide for how to settle jurisdiction conflicts between the Marine Fisheries Commission and DACS.
Part V.
Amends Section 44 of SL 2014-120, establishing the Senator Jean Preston Marine Shellfish Sanctuary as follows. Changes the name of the program to the Senator Jean Preston Marine Oyster Sanctuary Program. Modifies and adds to the General Assembly's intent. Requires the Division to develop a plan to construct and manage additional oyster habitat and requires that the new sanctuaries along with existing oyster sanctuaries be included in the Senator Jean Preston Oyster Sanctuary Network (was, required the Division to designate an area within the Pamlico Sound as a recommendation to the Environmental Review Commission for establishment of the shellfish sanctuary and create a plan for managing sanctuary). Modifies the required components of the plan to now include provisions concerning the location and delineation of oyster sanctuaries, enhancement of oyster habitat restoration, waiver of application and yearly rental fees for new shellfish leases, outreach, monitoring, funding, and recommendations for changes. Deletes the reporting requirement.
Enacts new Article 4 in GS Chapter 95, Fair Competition and Employee Classification Act, clarifying the distinction between employees and independent contractors. Requires specified notices concerning employee classification to be placed in conspicuous places on each job site. Requires employers engaging the services of independent contractors to post notices of the right to be properly classified as an employee and the right to challenge the employer’s employment status classification in court. Prohibits retaliation against individuals who allege that their employment status was wrongly classified by their employers, as described. Prevents any provisions of the Article from being waived or contravened by private agreement. Creates a presumption of employee status that must be rebutted by a party asserting that a hired individual is an independent contractor by a preponderance of the evidence. Specifies what cannot be used in the determination of status as an independent contractor. Details additional provisions related to the employee/independent contractor determination. Creates a civil cause of action for violation of employment status classification requirements. Requires the Commissioner of Labor (Commissioner) to enforce and administer all the provisions of this Article, including the authority to hold hearings and institute criminal and civil proceedings. Sets out civil penalty amounts and considerations in determining penalty amounts. Allows the Commissioner to enter into specified agreements for collection of claims and the maintenance of actions in court. Establishes provisions for the ordering and enforcement of a stop work order upon the receipt of information concerning the violation of the provisions of this Article. Requires, after the second or subsequent violations of the Article within five years of an earlier violation, the Department of Labor to add the employer to the list to be posted on the Department of Labor's website as well as notify the employer that they cannot be awarded a state or local government contract until four years have elapsed. Requires specified agencies to cooperate in regards to the sharing of information concerning suspected misclassification.
Amends GS 95-241(a)(1), making a conforming change, adding this Article to the list that prohibits retaliation by employers for related actions.
Applies to employment existing on or after the date the act becomes law.
Intro. by Tucker, Stein. | GS 95 |
Enacts new GS 110-105.3, Child maltreatment, to Article 7 of GS Chapter 110 to assign the authority to investigate child abuse and neglect in child care facilities to the Department of Health and Human Services, Division of Child Development and Early Education.
Defines child maltreatmentas used in Article 7 to mean any act or series of acts of commission or omission by a caregiver that results in harm, potential for harm, or threat of harm to a child. Also includes definitions for caregiverand child care facilities.
Directs the Department of Health and Human Services (DHHS), local departments of social services, and local law enforcement personnel to cooperate with the medical community to ensure that reports of child maltreatment in child care facilities are properly investigated. Directs DHHS to contact local law enforcement officials to investigate the report when it alleges maltreatment meeting the definition of abuse or neglect as defined in GS 14-318.2 (child abuse as a misdemeanor) and GS 14-318.4 (child abuse as a felony).
Authorizes DHHS to issue a protection plan barring an alleged abuser of a child from being on the facility's premises while children are present, or to suspend activities at a facility that is under investigation. Also provides that DHHS may order immediate corrective action as required to protect the health, safety, or welfare of children in care. Provides additional details regarding the specific authority of DHHS to take actions during the course of an investigation in order to protect the health, safety, or welfare of the children in a child care facility that is regulated by DHHS.
Directs that until a DHHS investigation confirms that child maltreatment occurred in a child care facility, all matters pertaining to the investigation are to be held in strictest confidence by DHHS except permits DHHS to disclose confidential information to any local, state, or federal government entity in order to protect a juvenile from child maltreatment, abuse, or neglect. Provides other criteria regarding confidentiality and the release of confidential information. Also specifies criteria regarding consultations between or among DHHS and other private or public agencies and individuals. Directs the North Carolina Child Care Commission to adopt, amend, and repeal all rules that are necessary to implement the provisions of GS 110-105.3.
Enacts new GS 110-105.4, Duty to report child maltreatment, to require any person with cause to suspect that a child in a child care facility has been maltreated, as defined in GS 110-105.3, or has died as a result of maltreatment that occurred in a child care facility to report the child's case to DHHS, either orally, by telephone, or in writing. Specifies what information must be contained in the reports. Provides that refusal of the person making the report to give a name does preclude DHHS from investigating the alleged maltreatment. Requires DHHS to notify the State Bureau of Investigation (SBI) upon receipt of any report of maltreatment that involves sexual abuse of a child in a child care facility within 24 hours or on the next workday. Provides that if sexual abuse of a child in a child care facility is not alleged in an initial report, but during the investigation there is reason to suspect sexual abuse, DHHS must immediately notify the SBI.
Enacts new GS 110-105.5, Child maltreatment registry, to require DHHS to establish and maintain a registry of the names of all caregivers who have been confirmed by DHHS as having maltreated a child under GS 110-105.3. Specifies the types and categories of information to be contained in the registry. Requires that prior to employment, the operator of a child care facility request that DHHS check the status of a potential employee in the Child Maltreatment Registry and notify the employer of the individual's Registry status.
Enacts new GS 110-105.6, Penalties for child maltreatment, to provide that child maltreatment occurring in child care facilities is a violation of this Article, licensure standards, and licensure laws. Authorizes DHHS, upon an investigation that confirms that child maltreatment did occur in a child care facility, to issue an administrative action up to and including summary suspension and revocation of the facility's child care license. Provides additional corrective actions and penalties available to DHHS. Declares that nothing in this section restricts DHHS from using any other statutory or administrative remedies available.
Makes a number of conforming changes to GS 7B-101(3), 7B-300, 7B-301(a), 7B-302(a), and 7B-307 to support the transition of the investigation of abuse and neglect in child care facilities to DHHS. Also makes a conforming change to GS 110-105 regarding DHHS' authority to inspect childcare facilities.
Repeals GS 110-105.2, regarding abuse and neglect violations in child care facilities.
Directs the Department of Transportation (DOT) to engage in a study as the title indicates. Directs the DOT to report its findings and recommendations from the study, including any proposed legislation, to the Joint Legislative Transportation Oversight Committee no later than February 1, 2016.
Intro. by Pate. | STUDY |
Enacts new GS 103-14 to designate the nineteenth day of June of each year as Juneteenth Observance Day in North Carolina.
Provides a series of "whereas clauses" to provide the historical context and state policy behind the recognition of the observance of Juneteenth in North Carolina.
Repeals SL 2007-450, An Act Recognizing Juneteenth National Freedom Day in North Carolina, which predicated the recognition of Juneteenth National Freedom Day in this state upon the day receiving recognition as a national holiday.
Intro. by Woodard, Robinson. | GS 103 |
Enacts new Article 80, Statewide Poverty Task Force, in GS Chapter 143, establishing the 15-member North Carolina Statewide Poverty Task Force (Task Force), with five members appointed by the Speaker of the House of Representatives, five appointed by the President Pro Tempore of the Senate, and five appointed by the Governor according to specified criteria.
Requires the Task Force to identify goals for eliminating poverty in the state and develop a coordinated, integrated, ongoing approach to poverty reduction in the state by establishing poverty reduction targets. Requires an annual report by March 1 to the Governor and the General Assembly. Provides for travel and subsistence for Task Force members.
Effective July 1, 2015.
Establishes the Historically Black Colleges and Universities Advisory Board (HBCU Advisory Board), located administratively in the University of North Carolina--General Administration. Provides that the HBCU Advisory Board is to have 17 members: (1) seven appointed by the President Pro Tempore of the Senate, three of which are legislators and at least four who attended or graduated from one of the HBCUs of the University of North Carolina; (2)seven appointed by the Speaker of the House, three of which are legislators and at least four who attended or graduated from one of the HBCUs of the University of North Carolina; and (3) threeappointed by the Governor, one of whom the Governor will designate as the chair and at least one who attended or graduated from one of the HBCUs of the University of North Carolina.
Directs the HBCU Advisory Board to study strategies and actions to increase enrollment, retention, and graduation rates for HBCUs that areconstituentinstitutions of the University of North Carolina.
Provides that nine members equal a quorum, the HBCU Advisory Board is to meet upon the call of the chair, and that any vacancy is to be filled by the appointing authority.
Directs theUniversityof North Carolina--General Administration toprovide meeting space, administrative support, equipment, and supplies to the HBCU Advisory Board.
Provides for per diem,subsistence, and travel allowances for HBCUAdvisory Board members as appropriate under GS 138-5, 138-6, or 120-3.1.
Requires that the Advisory Board submit its preliminary findings and recommendations to the UNC Board of Governors no later than December 15, 2015, and its final report to the Joint Legislative Education Oversight Committee no later than March 15, 2016. Directs the HBCU Advisory Board to terminate on March 15, 2016, or upon the submission of its final report, whichever occurs first.
Intro. by D. Davis, Robinson. | UNCODIFIED |
Enacts new Article 3L, Tax Incentives for Local Food Sourcing, in GS Chapter 105. Allows a grocer (as defined) contracting with a producer for the wholesale purchase of local food and farm products (as defined) a tax credit of 20% of the wholesale price of the local food and farm products purchased. Also defines food, minimally processed, and producer. Includes provisions concerning refunds, substantiating claims for the credit, and reporting by the Department of Revenue. Sunsets the Article effective for taxable years beginning on or after January 1, 2020.
Effective for taxable years beginning on or after January 1, 2015.
Intro. by D. Davis. | GS 105 |
Amends GS 163-231(b)(1) as the title indicates.
Provides that executed absentee ballots issued under Article 20 (Absentee ballots) and Article 21A (Uniform military and overseas voters act) of GS Chapter 163 are to be transmitted by mail to the issuing county board of elections, in the pre-addressed envelope, postage paid upon return, or by commercial courier service (was, transmitted by commercial courier service at the voter's expense).
Effective when it becomes law and applies to elections held on or after that date.
Intro. by D. Davis. | GS 163 |
Amends GS 20-28, concerning unlawful driving while license revoked, making technical changes and adding a new subsection (a1), Aggravated Driving While License Revoked, expanding the circumstances for when driving with a revoked license is considered a Class 1 misdemeanor, providing that if a person is convicted of a Class 3 misdemeanor pursuant to subsection (a) and the person's license was originally revoked for one of the following reasons, then that person is guilty of a Class 1 misdemeanor: (1) an impaired driving revocation as defined in GS 20-28.2, (2) an accumulation of driver's points in violation of GS 20-16(a)(5), (3) a violation of any restriction of GS 20-179.3, (4) a violation of any restriction of GS 20-17.8, or (5) a violation of a limited driving privilege issued under GS 20-20.1. Makes conforming and technical changes.
Amends GS 20-28(c1), providing that for the purposes of that subsection, a violation of subsection (a) is not considered to be a moving violation.
Amends GS 20-28.1(a) to provide that for the purposes of this subsection, none of the following is considered to be a "motor vehicle moving offense," meaning they are not subject to additional periods of revocation: (1) a violation of GS 20-28(a) that does not require an additional period of license revocation, (2) a violation of GS 20-28(a2), and (3) a violation of GS 20-7 for driving a motor vehicle without a regular driver's license.
Amends GS 20-20.1, 20-17.8(f), 20-179.3(j), and 20-179(c) making conforming changes.
Effective June 1, 2015, applying to offenses committed on or after that date.
Intro. by J. Jackson, Tarte. | GS 20 |
Amends GS 14-7.1, concerning the definition of a felony offense for the purpose of declaring individuals to be a habitual felon, providing that (1) an offense that is a felony and committed under the laws of another state and for which a guilty plea entered or a conviction returned, (2) an offense that is a crime under the laws of another state that does not classify any crimes as felonies but that are punishable by imprisonment for more than a year in state prison and for which a guilty plea has been entered or a conviction returned, and (3) any offense that is a felony under federal law are considered felony offenses for the purposes of determining if an individual is a habitual felon. Makes clarifying and organizational changes.
Intro. by J. Jackson, Bingham, Tucker. | GS 14 |
Amends GS 14-208.18(c)(1), concerning the unlawful presence of sex offenders on specified premises, adding new language that provides that the limitations on presence also apply to offenders required to register as a result of any federal offense or offense committed in another state, which if committed in North Carolina would be substantially similar to an offense in GS Chapter 14, Article 7A, Rape and Other Sex Offenses.
Effective December 1, 2015, applying to offenses committed on or after that date.
Intro. by J. Jackson, Bingham, Stein. | GS 14 |
Amends GS 105-277.4(a), concerning the application process for present-use value of agricultural, horticultural, and forestland property, adding clarifying language that the application, for having the above property taxed on the basis of the value of property in its present use, must be submitted on a form that has been prescribed by the Department of Revenue and made available by the assessor. Requires the Department of Revenue to include on the application a listing of all the information that might be required by the assessor to establish proof of eligibility to have property appraised at its present-use value. Makes technical deletions.
Effective for taxes imposed for taxable years beginning on or after July 1, 2015.
Intro. by | GS 105 |
Amends GS 116-11 concerning the powers and duties of the Board of Governors (Board) adding language that requires the Board to adopt a policy that requires all professors teaching in the UNC system to teach at least eight classes per academic year. Requires the salary of teachers that teach less than this required amount to be reduced on a pro rata basis. Allows salaries to be supplemented by the school's endowment fund. Requires the adopted policy to also provide for an annual independent audit of each institution to determine compliance.
Amends GS 116-36(b) concerning the endowment funds of UNC constituent institutions, adding language that allows constituent institutions to use the proceeds of the endowment fund to supplement the salary of a professor that has been reduced pursuant to the provisions above.
Effective when the becomes law, applying to academic years beginning on or after July 1, 2015.
Intro. by | GS 116 |
Establishes the Teach for North Carolina Pilot Program to provide scholarship loans to teacher assistants in Richmond, Scotland, and Anson County school systems. Requires the Department of Public Instruction (DPI) to award a maximum of 30 four-year scholarship loans for 2015-16 and an additional 30 for 2016-17 to teacher assistants who are residents of the state working in the specifed school systems or in school systems in adjacent counties. Sets out terms that apply to the loans, including setting the loan amount at $7,000 and specifying how the money is to be used by the recipient, capping the interest rate at 10%, and setting out conditions under which a loan is forgiven. Urges the State Board of Education to consider modifying the teacher preparation and licensure requirements for loan recipients who have five years of experience as teacher assistants and have an associate's degree. Requires DPI to evaluate each loan recipient annually. Requires DPI to report on the implementation of the pilot program no later than December 1, 2015, to the Joint Legislative Education Oversight Committee.
Provides that if the distance to the nearest constituent institution of the University of North Carolina with a school of education limits student access, the University of North Carolina and the North Carolina Community College System must coordinate the establishment of satellite programs for loan recipients to complete the last two years of the program at community college campuses. Also requires those two entities to ensure that loan recipients majoring in teaching disciplines have a seamless transition from the community college to the university.
The above provisions are effective when the act becomes law and expire July 1, 2019.
Appropriates $300,000 for 2015-16 from the General Fund to the Department of Public Instruction and $510,000 for the 2016‑17 fiscal year. Requires that of these funds, $210,000 for the 2015‑16 fiscal year and $420,000 for the 2016‑17 fiscal year be used for scholarship loans. Requires DPI to use the remainder for one personnel position and other costs related to the administration of the Teach for North Carolina Pilot Program. Effective July 1, 2015.
Enacts new GS 14-208.19B requiring individuals registered as sex offenders to notify the office of the registrar at a community college in writing that they are registered sex offenders prior to enrolling in any class for credit or noncredit. Provides that the registered sex offenders cannot enroll, audit, attend, or participate in any class that is part of a course or program under GS 115D-20(4), certain cooperative high school programs, including programs such as early college high school, dual enrollment, and career and college promise. Establishes that a violation of the provisions above constitute a Class 1 misdemeanor. Effective December 1, 2015, applying to individuals enrolling at any community college, or program at a community college, on or after that date. Also applies to offenses committed on or after that date.
Requires all community colleges, no later than December 1, 2015, to develop and implement policies and procedures regarding the above notification requirements and restrictions.
Intro. by | GS 14 |
Amends GS 1C-1852 to provide that Article 20, the North Carolina Uniform Foreign-Country Money Judgments Recognition Act, does not apply to a foreign country judgment to the extent that the judgment is for alimony, support, or maintenance in a matrimonial or family matter (was, to the extent that the judgment is for taxes; a fine or other penalty; or for alimony, support, or maintenance in matrimonial or family matters).
Amends GS 1C-1853 to add that a state court must not recognize a foreign country judgment if the judgment was for taxes, a fine, or other penalty obtained by a foreign government entity to compensate for the expenditure of public funds for government programs. Provides that recognition of a foreign country judgment must be denied unless the court determines that recognition would be reasonable when the judgment is based on a foreign statute or rule which, as applied by the foreign court, would have been contrary to either the US or State Constitution had it been applied by a court in this state. Provides that a proceeding in a foreign court is fundamentally unfair and its judgment is repugnant to the public policy of the state, if the action is brought by a foreign government entity based on rules of law adopted for the benefit of the foreign government entity applied ex post facto to conduct of the defendant or if the action imposes liability while requiring individualized proof of each element of the claim for each individual harmed.
Enacts new GS 1C-1860 providing that the provisions of Article 20 are severable.
Applies to recognition of foreign-country judgments on or after the date that the act becomes law regardless of when the judgment was entered.
Intro. by Krawiec, Newton, Wade. | GS 1C |
Part I.
Repeals GS 115C-12(30a), deleting the requirement that the State Board of Education (State Board) assist schools in meeting adequate yearly progress by identifying which schools are meeting adequate yearly progress with subgroups as specified in the No Child Left Behind Act of 2001; studying the instructional, administrative, and fiscal practices and policies employed by the schools selected by the State Board of Education that are meeting adequate yearly progress specified in the No Child Left Behind Act of 2001; creating assistance models for each subgroup based on the practices and policies used in schools that are meeting adequate yearly progress; and offering technical assistance based on these assistance models to local school administrative units not meeting adequate yearly progress, giving priority to those local school administrative units with high concentrations of schools that are not meeting adequate yearly progress.
Repeals GS 115C-17 concerning Rulemaking to implement ABC's Plan.
Amends GS 115C-174.11(c)(1) to amend the annual testing requirements to require that the tests for grades 3 through 12 that are required by federal law or as a condition of a federal grant and are adopted by the State Board to measure progress toward science once in grades three through five, once in grades six through eight, and once in grades 10 through 12.
Part II.
Amends GS 115C-105.37 to require the State Board to design and implement a procedure to identify and serve low performing schools and local school administrative units annually. Specifies that low-performing schools and local school administrative units are those identified by the State Board annually. Deletes provisions requiring each local school administrative unit to do a preliminary analysis of test results to determine which schools may be low-performing and delineating subsequent actions that were to be taken. Requires the Department of Public Instruction, at the State Board's direction, to serve low-performing schools and local school administrative units by providing the specified tools. Allows the State board to adopt an action plan when it is determined that a local school administrative unit is experiencing a continued decline in academic performance and the unit does not have the governing capabilities to operate adequately and fulfill its obligations. Allows for the replacement of the superintendent and school personnel, as well as other measures, under the plan. Also allows the State Board to suspend the local board's powers.
Repeals the following statutes that all concern low performing schools: GS 115C‑105.37A, GS 115C‑105.37B, GS 115C‑105.38, GS 115C‑105.38A, GS 115C‑105.39, and GS 115C‑333.
Makes conforming changes to GS 115C-39(b), GS 115C-105.20(b), GS 115C-274(c), GS 115C-296(d), and GS 115C-335(b).
Amends GS 115C-105.33 by deleting reference to assistance teams, which were provided when the local board of education fails to provide a school with adequate assistance in promoting or restoring safety and an orderly learning environment.
Amends GS 115C-325.11, concerning the dismissal of school administrators and teachers employed in low-performing residential schools, and GS 115C-325.13, concerning the dismissal of school administrators and teachers employed in low-performing schools, to remove the provisions specifying when the State Board may make a dismissal. Also makes conforming and clarifying changes.
Part III.
Amends GS 115C-276 to require the superintendent to provide for the annual evaluation of all licensed employees (was, all licensed employees assigned to low-performing schools that did not receive an assistance team). Makes conforming changes to GS 115C-288(i), removing references to the assistance team and a repealed statute. Amends GS 115C-325 to delete provisions concerning the assistance team, the dismissal of licensed staff members who have engaged in a remediation plan and failed to meet general knowledge standards after a retest, and the dismissal of principals assigned to low-performing schools to which an assistance team was assigned. Makes additional conforming changes to the statute.
Amends GS 115C-333.1(a) to require all teachers with a Standard Professional II License to be given an annual evaluation by a principal. Requires teachers who do not hold that license to be observed at least three times annually by the principal and observed at least once annually by a teacher and once annually by a principal. Deletes provisions specifying observation and evaluation requirements depending on length of employment. Effective June 30, 2018.
Amends GS 115C-333.1 to add that a mandatory improvement plan is an instrument designed to improve a teacher's performance or the performance of any licensed employee by providing notice of specific performance areas that have substantial deficiencies and a set of strategies, so that the individual, within a reasonable period of time, should satisfactorily resolve such deficiencies. Makes conforming changes.
Repeals GS 115C-334 concerning assessment teams.
Part IV.
Amends GS 115C-156.2 by pushing the due date of the State Board's report on the number of students in career and technical education courses who earned community college credit and related industry certifications and credentials back from September to November 15.
Amends GS 115C-174.26 to make the State Board's report on advanced courses due on December 15.
Amends GS 115C-296 to make the educator preparation program report cards due December 15 (was, November 15).
Repeals SL 2013-360, Section 8.3(j), which required the State Board to report to the Fiscal Research Division if it determines that counties have supplanted funds for schools in low-wealth counties, and Section 8.4(i), which required the State Board to report to the Fiscal Research Division if it determines that counties have supplanted funds for small school systems.
Part V.
Amends GS 143B-146.1 and GS 143B-146.3 to remove reference to the ABC's Program. Amends GS 143B-146.2 to remove reference to the ABC's program and delete provisions concerning assistance teams.
Repeals GS 143B-146.4, concerning financial awards for personnel in participating schools that achieve a level of expected growth greater than 100%.
Makes conforming changes to GS 143B-146.5.
Repeals GS 143B‑146.6, GS 143B‑146.7, GS 143B‑146.8, and GS 143B‑146.9, concerning assistance teams, assessment teams, and personnel at low-performing schools.
Part VI.
Except as otherwise provided, the act is effective when it becomes law.
Enacts new GS 7B-300A, Reporting of substance-exposed newborns, requiring county departments of social services to use policies developed by the Department of Health and Human Services (DHHS) concerning the development of protection plans for substance-exposed newborns and the conduct of child protective services assessments of those newborns, including the need for an assessment. Sets out other regulations and decision-making regarding the care, development, and well-being of substance-exposed newborns, considered to be a special population as defined in the proposed provisions. Sets out five issues regarding the newborns that the departments of social services should be concerned with, including the need for medical care appointments and the parent's participation in substance abuse treatment.
Intro. by D. Davis, Pate, B. Jackson. | GS 7B |
Amends GS 20-161 to also give the Department of Transportation, with the concurrence of the investigating law enforcement officer, the power to immediately remove from the state highway system any vehicle, cargo, or other personal property that is interfering with the flow of traffic or otherwise constitutes a hazard.
Intro. by Daniel, Meredith, Robinson. | GS 20 |
Requires the Division of Motor Vehicles, in collaboration with other interested stakeholders, to study how to implement autonomous vehicle technology, which is technology installed on a motor vehicle that has the capability to drive the motor vehicle without the active control or monitoring of a human operator. Specifies items that must be included in the study. Requires a report on the findings to the Joint Legislative Transportation Oversight Committee by February 1, 2016.
Intro. by Meredith, Rabon. | STUDY |
Amends Article 29 of GS Chapter 115C, adding a new section, GS 115C-402.10, as the title indicates.
Provides definitions for terms as they apply in this section. Identifies an eligible student as one who has reached the age of 18 years; defines personally identifiable student data as defined in GS 115C-402.5(a)(4); and defines online service as an Internet website, online service, instructional software or application, mobile application, or cloud computing service designed, marketed, and used for public school purposes. Provides additional terms and definitions, including a definition for student-centered content as materials created by a student such as audio files, essays, research reports, portfolios, creative writing, music, photography, audio files, and account information that enables ongoing possession and control by the student.
Defines an operator as the operator of an online service with actual knowledge that the online service is used for public school purposes. Specifies the requirements for operators to (1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information; (2) to protect such information from unauthorized access, destruction, use, modification, or disclosure; and (3) delete a student's covered information when requested.
Subsection (c) of GS 115C-402.10 prohibits an operator from engaging in any of the following activities with its online service: (1) targeted advertising when it is based on any covered information; (2) use of covered information to discriminate or allow discrimination against a student; (3) sale of covered information; and (4) knowing disclosure of covered information, but provides specified exceptions to that disclosure. Defines covered information as meaning personally identifiable student data or student records in any media format that is created or provided by a student, the student's parent or legal guardian, an employee or agent of the public school or local school administrative unit to an operator or information gathered by an operator via operation of an online service. Makes engaging in any of the prohibited actions specified under this subsection punishable as provided in GS 115C-401.1(c) and GS 115C-401.1(d).
Provides additional specifications permitting an operator's internal use of information, contracts for online services including the required provisions of such contracts, and the use of student covered information when the student's identity is not included. Provides that noncompliant contracts under the requirements of this section are void. Sets out the limits of the application of the provisions in this act.
Provides that if the provisions of this section conflict with the terms of a contract in effect before July 1, 2015, the provisions of this statute do not apply to the local board of education or the operator subject to the contract until the expiration, amendment, or renewal of the contract.
Makes this act effective July 1, 2015.
Intro. by Stein. | GS 115C |
As the title indicates.
Subject to approval by voters at the statewide general election on November 3, 2015, adds new Section 15 to Article V of the North Carolina Constitution to provide that 50% of the annual net revenues of any lottery operated by the state is to be used to fund Pre-Kindergarten programs and 50% is to be used to fund need-based and merit-based assistance for higher education programs operated in this state. If approved by a majority, effective upon certification of the amendment by the State Board of Elections to the Secretary of State.
Makes conforming changes to GS 18C-164 to reflect the appropriation of the annual net revenues of any lottery operated by the state for use as indicated in Article V of the state Constitution as amended by new Section 15.
Enacts new Article 2E, Accountability for Taxpayer Investment Act, to GS Chapter 143 to require uniform, program-level accountability information in state government. Article 2E applies to any state agency in the executive branch and to any non-state entity that receives state funds. Sets out definitions for the Article, including the term non-state entity, defining it as any of the following non-state agencies discretely presented as a component unit in the State Comprehensive Annual Financial Report by the Governmental Accounting Standards Board: an individual, firm, partnership, association, corporation, or any other organization or group acting as a unit.
Creates the Taxpayer Investment Accountability Board (Board), with five specified members. Details meeting requirements, administration criteria, and Board responsibilities, including the design and establishment of a framework by which each state agency or each non-state entity receiving state funds can implement and maintain a system that provides uniform, program-level accountability information. Lists further items of information that the framework should be able to make available to the public, including performance measures for each program, revenues by source, expenditures by purchasing category, and a list of all employees. Requires the Board to finalize the framework and associated standards and procedures no later than March 1, 2016.
Establishes procedures for a state agency or non-state entity to provide comment on the proposed initial framework design and implementing standards, policies, and procedures. Includes notice requirements for the Board and at least a 30-day window after notice for comment. Requires an annual report by January 1 of each year setting out the standards, policies, and procedures to be used in providing and maintaining the information required by the Article.
Directs each state agency and each non-state entity receiving state funds to establish, implement, and maintain a system to provide uniform, program-level accountability information that accurately conveys the mission, responsibilities, and activities of the state agency or entity and any other information required by the Board. Requires the system to comply with Board guidelines, be updated on a timely basis, and be accessible to NC citizens.
Requires each agency or non-state entity to file annual certificates of compliance no later than July 1 of each year. Requires internal auditors in applicable state agencies to conduct annual compliance audits and submit audit reports to the State Auditor and State Controller by April 1 of each year. Authorizes the State Auditor to verify compliance on an annual basis.
Directs the Office of State Human Resources to adopt rules for the organization charts and manager-to-employee ratios and to provide templates and technical assistance. Also directs the Office of State Budget and Management and the Office of Information Technology to provide technical assistance and software as required.
Permits any taxpayer to institute a suit in superior court requesting a judgment that the state agency or non-state entity failed to comply with Article 2E, and grants specific performance. Sets forth additional provisions related to actions for noncompliance.
Makes a conforming change to GS 150B-1(c), exempting the Board from the Administrative Procedure Act.
Directs each state agency or non-state entity subject to proposed Article 2E to bring its current information system into compliance and to use existing resources to do so.
Provides that this act is effective for the Department of Health and Human Services and the Department of Public Instruction on January 1, 2017. All other agencies or non-state entities are subject to the act on January 1, 2018.
Enacts new GS 120-36.19 requiring the Program Evaluation Division (PED) to establish the web-based NC Accountability Report (Report) to profile state departments and programs within each department. Requires that the profile include (1) why the program or department exists, how it is funded, and what issues exist and (2) reference to relevant information. The profile will also include a rating based on specified criteria that examine program purpose and design.
Makes a conforming change to GS 120-36.12.
Requires the PED to complete the initial Report no later than July 1, 2018, as well as establish a schedule for ongoing review and update of the Report. Requires the Governor to include in the Governor's Recommended Budget for the 2019-20 biennium the accountability rating established by the PED for each program and certain lists as specified.
Amends GS 14-45.1 adding new provisions to the section titled When abortion not unlawful, providing that the Department of Health and Human Services (DHHS) must inspect annually any clinic certified by DHHS to perform abortions. Prohibits any such certified clinics from employing anyone under the age of 18. Requires a written agreement between such clinics and a hospital for the transfer of patients who are in the need of emergency care.
Requires specified records to be kept by physicians who advise, procure, or cause a miscarriage or abortion after the 16th week of a woman's pregnancy, including the method used by the physician to determine the gestational age of the unborn child at the time the procedure is to be performed as well as certain ultrasound images. Provides that physicians that procure or cause a miscarriage or abortion after the 20th week of a pregnancy must record the findings and analysis on which the physician based the determination that continuance of the pregnancy would threaten the life or gravely impair the health of the woman. Provides that any information submitted to the DHHS in accordance with the above provisions are to be used for statistical purposes only, protecting the confidentiality of the patient. Makes technical and conforming changes. Effective January 1, 2016, applying to abortions performed or attempted on or after that date.
Appropriates from the General Fund to the UNC Board of Governors $500,000 for the 2015-16 fiscal year for the planning and implementation of a perinatal resource care program at UNC Hospitals to develop a state-of-the-art perinatal resource center to serve families with complications detected by prenatal diagnosis. Effective July 1, 2015.
Amends GS 15A-1340.16 to add to the list of aggravating factors that can be considered in determining whether to impose an aggravated sentence, providing that it is an aggravating factor when a defendant commits a violent offense and knows or reasonably should know that a person under the age of 18 who was not involved in the commission of the offense was in a position to see or hear the offense. Effective December 1, 2015, applying to offenses committed on or after that date.
Includes severability provisions.
Under current law, GS 105-53.5(b) provides that in calculating North Carolina's taxable income, a taxpayer may deduct from the taxpayer's adjusted gross income any of the items included in the other deductions in this subsection. Amends GS 105-53.5(b) to add other deductions for use in calculating North Carolina's taxable income. Provides in new subdivision (10) that a taxpayer may deduct from the taxpayer's adjusted gross income (AGI) the amount added to federal taxable income under Section 108(8)(1) of the Code. Provides in new subdivision (11) that the amount claimed under section 67(b)(9) of the Code, related to when a taxpayer restores a substantial amount held under a claim of right, minus the limitation under section 67(a) of the Code, minus all other items deductible under section 67(b) of the code not to exceed the limitation provided under section 67(a) of the Code may be deducted. Effective for taxable years beginning on or after January 1, 2014.
Adds a new subdivision (6) to GS 105-153.5(c), which provides that in calculating North Carolina taxable income, a taxpayer must add to the the taxpayer's adjusted gross income any of the indicated items that are not included in the taxpayer's AGI.Subdivision (6) provides that the amount of net operating loss carried to and deducted on the federal return but not absorbed in that year and carried forward to a subsequent year must be added to the taxpayer's adjusted gross income. Effective for taxable years beginning on or after January 1, 2015.
Amends the definitions in GS 105-163.1 to define individualas it is defined in GS 105-153.3 and to provide that "wages"does not include a reimbursement amount that an employer pays an employee for necessary expenses (was, also did not include certain severance wages paid to an employee).
Adds a new subsection (s2) to GS 105-130.4 regarding calculating the apportionable income of a business in couriers and express delivery services industry group 4921 as defined by NAICS. Effective for taxable years beginning on or after January 1, 2016.
Amends the definition for storagein GS 105-164.3(44), deleting the provisions as to what the term does not include.
Amends GS 105-242.2(e) to provide that the period of limitations for assessing a responsible person for unpaid taxes under this section expires one year after the period of limitations for assessing the business entity expires or one year after a tax becomes collectible under GS 105-241.22(4), (5), or (6), whichever comes later.
Except as otherwise provided, act is effective when it becomes law.
Intro. by Rucho, Rabon, Tillman. | GS 105 |
Subject to approval by voters at the statewide general election on November 4, 2016, amends Section 23 to Article II of the North Carolina Constitution to require a two-thirds vote by each house of the General Assembly to pass any legislation that would increase the rate of tax for any state or local income taxes. If approved, effective January 1, 2017, and applies to legislation enacted on or after that date.
Intro. by Rucho, Meredith, Brock. | CONST |
Under current law, Articles 39, 40, and 42 of GS Chapter 105 authorize North Carolina counties, which meet the provisions of Articles 40 and 42, to levy and collect sales and use tax in addition to any other state and local sales and use taxes levied under state law. Repeals Articles 39 (First One-Cent (1¢) Local Government Sales and Use Tax), 40 (First One-Half Cent Local Government Sales and Use Tax), and 42 (Second One-Half Cent Local Government Sales and Use Tax) of GS Chapter 105 (Taxation).
Repeals GS 105-164.13B, which provided that food was exempt from the sales and use tax in Article 5 of GS Chapter 105, except for the following food items: (1) dietary supplements; (2) food sold in a vending machine; (3) prepared food, other than bakery items sold without utensils by an artisan bakery; (4) candy; and (5) soft drinks.
Amends GS 105-164.4(a), which imposes a privilege tax on a retailer doing business in North Carolina, to increase the general rate of tax from 4.75% to 6.75%. Adds new subdivision (15) to GS 105-164.4(a), effective January 1, 2016, to provide that the percentage rate of tax on food is 2% with the exception of the food items previously listed in GS 105-164.13B (repealed in this act) as not exempt from the sales and use tax.
Amends Part 8 of Article 5 of GS Chapter 105, adding a new GS 105-164.44M, Distribution of part of sales tax revenue to counties and cities, providing for an annual appropriation from the General Fund to the counties and cities in the amounts necessary to make the distribution under this statute. Declares that the General Assembly finds that the revenue distributed under this section is local revenue and not a state expenditure for the purposes of Section 5(3) of Article II of the North Carolina Constitution. Prohibits the Governor from reducing or withholding the distribution. Sets out the provisions regarding the monthly distribution by the Secretary of Revenue (Secretary) of part of the taxes imposed by GS 105-164.4 to the counties and cities, including calculating the amount to be distributed and the deduction, for local government services. Provides the amount of taxes imposed by GS 105-164.4 that the Secretary must distribute monthly to the counties and cities is an amount equal to 29.63% of the net proceeds of the sales and use tax imposed at the general rate of tax. Sets out provisions and the order for allocating the revenue to counties and cities, providing allocations for hold harmless amounts come first with remaining allocations being distributed to counties on a per capita basis. Requires the Secretary to determine hold harmless amounts, calculated as the sum of amount received by counties and municipalities under the specified Articles divided by 12. Directs the Secretary to determine a per capita figure for use in making distributions among a county in accordance with the method specified by the board of county commissioners, either by a Per Capita Method or an Ad Valorem Method, as specified. Requires a county to use 22.5% of the revenue it receives via the distribution of part of the sales tax revenue for public school capital outlay. Allows a county to use part or all of the revenue for any lawful purpose with authorization from the local Government Commission. Provides that an ineligible city is disregarded for all purposes under this section and defines criteria that makes a city ineligible. Adds that no provisions of this act affect the rights or liabilities of a taxing county, a taxpayer, or another person arising under a statute repealed by this act before the effective date of its repeal, nor do they affect the right to any refund or credit of a tax accrued under the repealed statute.
Amends GS 105-164.3(4a), concerning the levied combined general rate, providing that it is the state's general rate of tax in GS 105-164.4(a) plus 1/4 cent county sales and use tax authorized by Article 46 of GS 105 (was, plus the sum of rates of the local sales and use taxes).
Amends GS 105-164.14(b) to increase the aggregate annual refund amount allowed for sales and use taxes paid for certain personal property by the specified entities for a fiscal year, increasing it to $45 million (was, $31.7 million).
Amends Article 46, One-Quarter Cent County Sales and Use Tax, of GS Chapter 105. Makes a conforming change to reflect the repeal by this act of Article 39 of GS Chapter 105 and SL 1967-1096. Adds new subsections to GS 105-537, which provide for setting the effective date for the levy of a local sales and use tax by a county board of commissioners as well as the required process for the county board of commissioners to provide notification upon adopting a resolution levying the tax.
Amends GS 105-538 concerning the provisions regarding the collection and administration of the tax in GS 105-538. Provides details as to building materials that are exempt from the provisions of Article 46. Enacts new GS 105-539 to provide information as to the scope of the sales and use tax, including sourcing and credit for tax paid. Also enacts new GS 105-540 regarding exemptions and refunds, and new GS 105-541 regarding the Secretary's responsibilities in the distribution of revenue from the sales and use tax collected. Enacts new GS 105-542 to provide the requirements for the repeal of a 0.25% sales and use tax, including the ballot question requirements. Makes additional conforming changes.
Makes conforming changes to GS 105-507.2, Levy and collection of sales and use tax; 105-509.1, Levy and collection of sales and use tax-- regional public transportation authority; 105-510.1, Levy and collection of sales and use tax--regional transportation authority; and 105-511.3, Levy and collection of sales and use tax.
Effective July 1, 2016, applying to sales made on or after that date.
Intro. by Rucho. | APPROP |
Enacts new GS 90-113.74A, Mandatory use of controlled substances reporting system, requiring every person authorized to prescribe or dispense a controlled substance to review, prior to prescribing or dispensing, all information pertaining to the patient in the controlled substances reporting system for the prior 12-month period to determine if the prescription is medically necessary and appropriate. Provides that the above provisions do not apply in emergency situations in which immediate action is necessary. Authorizes the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules as necessary to implement the above provisions. Violations of the above provisions are a Class 1 misdemeanor; however, provides for a Class I felony if the offense fulfills specified intent requirements.
Effective December 1, 2015, applying to offenses committed on or after that date.
Intro. by J. Davis. | GS 90 |
Enacts new Article 84C, Treatment of Pregnant Prisoners and Detainees, in GS Chapter 15A. Prohibits a correctional institution from using restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum recovery unless the corrections official determines that the prisoner or detainee presents an extraordinary circumstance, except that: (1) if a health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee must immediately remove all restraints and (2) under no circumstances can leg or waist restraints be used on any prisoner or detainee who is in labor or delivery. Specifies conditions that must be met if restraints are used. Allows any person who has been restrained in violation of the Article to file a complaint within two years of the occurrence. Allows the complainant to sue in superior court if the complainant is no longer in the custody of the correctional institution, has exhausted the correctional institution's established grievance procedures or protocols, or the correctional institution has not responded to a complaint within 120 days. Creates civil liability for any correctional institution violating the Article and allows awarding of punitive damages per incident and attorneys' fees, litigation costs, and compensatory damages. Requires the prisoners and detainees to be notified of the rules adopted under this Article upon admission to the correctional institution. Requires the Division of Adult Correction, and any local confinement facility, as applicable, to report to the Joint Legislative Oversight Committee on Justice and Public Safety by May 1 of each year on every instance in which a pregnant prisoner or detainee has been subjected to the use of restraints.
Requires all correctional facilities to develop the required rules within 30 days of the act becoming law; requires informing prisoners and detainees of those rules within 60 days of the date that the act becomes law.
Intro. by Van Duyn, Foushee. | GS 15A |
Directs the Division of Adult Correction to provide mammograms for women age 40 or over that are incarcerated in the North Carolina prison system. Appropriates from the General Fund to the Department of Public Safety $150,000 for the 2015-16 fiscal year to contract to provide housing assistance to female offenders reentering the community from the state prison system.
Effective July 1, 2015.
Intro. by Van Duyn, Foushee. | APPROP |
Amends GS 126-16 to require all state departments, agencies, and local governments to give equal opportunity for employment and compensation without regard to race, religion, color, creed, national origin, sex, age, sexual orientation, gender identity or expression, or handicapping condition to all persons otherwise qualified (previously, did not include protections for sexual orientation, gender identity or expression). Also adds sexual orientation, gender identity, and expression to GS 126-34.02(b), which lists grounds, including discrimination, for state employees and former state employees to have cases heard by way of judicial review, after completion of the agency grievance procedure and the Office of State Human Resources review.
Enacts new GS 115C-335.10, School personnel nondiscrimination policy, to require local boards of education to adopt a policy of nondiscrimination in its personnel policies and practices in regards to race, religion, color, national origin, age sex, sexual orientation, gender identity or expression, or disability. Defines school personnel for the purposes of the section.
Specifies that the act does not require preferential treatment or special rights be provided based on sexual orientation or gender identity or expression.
Amends GS 50-13.2(b1), concerning visitation rights of grandparents under custody orders, providing that if there is no pending action regarding the custody of the child, a grandparent can institute an action or proceeding for visitation rights with the child. Allows a court to award visitation rights to a grandparent if by clear and convincing evidence the court determines the following: (1) there are compelling circumstances to overcome the presumption of the parent's right to determine the child's best interest; (2) a parent of the child is deceased, incapacitated due to a physical or mental disability, or incarcerated; and (3) visitation is in the best interest of the child. Sets out seven factors for consideration the court can consider when determining if visitation is in the best interest of a child, including the mental and physical health of the child and the mental and physical health of the grandparent.
Effective October 1, 2015, applying to actions for visitation rights commenced on or after that date.
Intro. by McKissick, Cook. | GS 50 |
States the General Assembly's findings. Requires the Department of Transportation (DOT) to study the economic impact of transportation connectivity between rural low-wealth counties and job creation centers, with a focus on specified corridors and roads. Requires DOT to report on the study by May 1, 2016, to the Joint Legislative Oversight Committee. Requires that funding for the study be provided by the Department of Transportation from funds available to it.
Requires the Office of the State Chief Information Officer, with the assistance of the Department of Transportation, the Department of Administration, the Department of Commerce, North Carolina State University, and the University of North Carolina at Charlotte to develop a state broadband plan to ensure that all citizens of North Carolina have access to broadband capability. Specifies components of the plan. Requires a report by May 1, 2016, to the Joint Legislative Committee on Information Technology on the state broadband plan. Requires that funding for the study be provided by the Office of the State Chief Information Officer, using funds available from the Information Technology Fund.
Intro. by D. Davis. | STUDY |
Appropriates $9.5 million from the General Fund to the Department of Commerce, Division of Workforce Solutions, for the following purposes: (1) to create mobile NC Works Career Centers to serve the specified diverse areas of the State, (2) to help displaced workers in the NCWorks Apprenticeship Program to develop skills that match current market needs and to develop skills to meet the future needs of businesses that may relocate to the area in which the workers live and work, (3) to maximize the application and certification of Work Ready Communities, and (4) to align economic development and local career centers in conformance with the federal Workforce Innovation and Opportunity Act.
Effective July 1, 2015.
Intro. by D. Davis. | APPROP |
Amends GS 153-127 and GS 160A-182 to prohibiting counties and cities from prohibit giving away live animals as a prize, as an inducement to enter a competition, or for any other purpose, unless the activity regulated by the ordinance otherwise involves abuse of the animals in question.
Enacts new GS 153A-145.3 and GS 160A-205.1 to prohibit a county or city from requiring compliance with a state department or agency's voluntary regulation or rule.
Amends GS 160A-360.1 to add that if an ordinance under Article 19, Planning and Regulation of Development, applies to a development tract lying partly within municipal boundaries and partly within the county, the owner may opt for the application of the county ordinances to the entire tract, or for the application of the city ordinances to the portion of the tract within the city boundaries and the application of the county ordinance to the remainder of the tract.
Amends GS 153A-340 and GS 160A-380 to exempt hospital or free-standing emergency rooms from zoning regulation that pertains to signs at the facility.
Amends GS 143-755, Permit choice, to make the statute applicable to zoning permits. Applies to permits for which a permit decision has not been made by the date the act becomes law.
Amends GS 159-28, Budgetary accounting for appropriations, adding that the statute does not apply to disbursements for regular payroll and benefits. Applies to disbursements on or after July 1, 2015.
Enacts new GS 143-64.17L requiring the state, any local governments, and any other agencies and political subdivisions of the state to charge users of any electric vehicle charging station a fee. Amends GS 66-58 to provide that (a) does not prohibit the sale of electricity at an electric vehicle charging station by the state, any local government, and any other agency or political subdivision of the State. Effective October 1, 2015.
Amends GS 136-66.1 to require the reduction of travel lanes to accommodate bike lanes of any state highway system street or highway location within a city be approved by a two-thirds vote all members of the Board of Transportation.
Enacts new GS 106-645 to prohibit a county, city, or other political subdivision of the state from prohibiting owning or possessing five or fewer bee hives.
Amends GS 160A-272 to allow a city council to approve a lease for the siting and operation of a communication tower for up to 25 years without treating the lease as a sale of property and without giving notice of the intended lease by publication.
Amend GS 130A-248 to prohibit a local health department from requiring revisions to a plan for a prototype franchised or chain food establishment approved by the Department of Health and Human Services. Allows the local health department to review and suggest revisions.
Includes a severability clause.
Amends GS 150B-21.3A(d) concerning the readoption of administrative rules by state agencies, providing that if a rule is readopted by an agency, then it is not required to prepare a fiscal note as provided for in GS 150B-21.4 (previously, provided that if a rule was readopted without substantive change, no fiscal note was required).
Effective when bill becomes law, applying to periodic review of existing rules occurring pursuant to GS 150B-21.3A on or after that date.
Intro. by Wade. | GS 150B |
Repeals Section 34.27 of SL 2013-360, as amended, which allowed the Department of Transportation (DOT) to engage the services of private counsel to timely defend or otherwise resolve legal challenges to transportation projects undertaken by DOT.
Repeals (b) and (c) of Section 34.24 of SL 2014-100, which directed DOT to increase its use of external counsel and to develop performance metrics to evaluate its utilization of in-house and outside counsel.
Enacts new GS 136-18.03 directing DOT to increase its use of private counsel to no less than 20% of new cases arising during a fiscal year. Allows DOT to use private counsel, without permission from the Attorney General, to provide legal services related to any project undertaken by DOT and works compensation claims brought by DOT employees. Requires DOT to develop performance metrics to evaluate its use of in-house counsel and private counsel, and specifies items that must be included. Requires DOT to report quarterly on the performance metrics to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Justice and Public Safety Oversight Committee.
Intro. by Rabon, Daniel, Meredith. | GS 136 |
Amends GS 105-330.5 and GS 20-66, as the title indicates. Effective January 1, 2016.
As title indicates.
Intro. by Krawiec. | GS 15A |
As title indicates. Amends GS 14-269.2 (Weapons on campus or other educational property) by adding and defining school board of trustees and school board administrative director to definitions applicable to this section.
Creates new subdivisions GS 14-269.2(g)(7) and (8), which exempt employees or volunteers of private schools from criminal liability and the ban on carrying concealed weapons on educational property or during extracurricular/curricular activities when they meet the following criteria: (1) the person has written authorization from the school board of trustees or the school administrative director to carry a concealed weapon; (2) the weapon is a firearm, tear gas, or stun gun; (3) the person has a valid concealed handgun permit; (4) the person completes a minimum of eight hours of supervised courses relating to gun safety and the appropriate use of firearms annually; (5) the private school adopts and maintains written standard operating procedures for the carrying of approved concealed weapons on the educational property and distributes the standards annually to parents; and (6) the person is on the premises of the educational property operated by the private school at which the person is an employee or a volunteer. Also exempts individuals that have a valid concealed handgun permit and that are in a place of religious worship located on educational property while the person is attending worship services and other sacerdotal functions.
Effective December 1, 2015.
Intro. by Bingham. | GS 14 |
As title indicates.
Intro. by Bingham. | 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. Section now provides that in such instances a person can apply to have any and all such changes expunged and the court will hold a hearing on the application and order the expunctions outright.
Repeals GS 15A-145.5(a)(5), which provided that felony offenses in GS Chapter 90 involving methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine cannot be considered nonviolent felonies or misdemeanors.
Amends GS 15A-145.2(c), concerning the expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses, adding language that provides that the provisions of GS 15A-145.2(c) apply retroactively.
Amends GS 15A-173.2(a), concerning qualification for a certificate of relief providing that a person that is convicted of a criminal offense no higher than a Class G felony (was, had no more than two class G, H, or I felonies or misdemeanors in one session of court and no other other convictions for a felony or misdemeanor other than a traffic violation) can petition the court for a certificate of relief of collateral consequences. Effective October 1, 2015, applying to petitions filed on or after that date.
Appropriates $250,000 from the General Fund to the Department of Justice for fiscal year 2015-16 to be used to assist with additional costs of criminal record checks. Effective July 1, 2015.
Unless otherwise noted, effective December 1, 2015.
Allows the Legislative Research Commission to study matters pertaining to access to polling sites and the ballot box, with a report to the Joint Legislative Elections Oversight Committee by April 1, 2016.
Intro. by Brock. | STUDY |
Amends GS 62-133.8(b)(2) and GS 62-133.8(h)(1) as the title indicates. Includes removing the cap that limits funding for research that encourages the development of renewable energy, energy efficiency, or improved air quality to $1 million per year.
Intro. by Brock. | GS 62 |
Enacts new GS 74C-24, Private Investigator access to criminal court records, in Article 1 of GS Chapter 74C, as the title indicates. Sets out conditions and limitations on the access to criminal court records provided to assist private investigators. Prohibits state funds from being used to pay the expenses of the access and provides that such expenses are the sole responsibility of the PI desiring the access. Provides circumstances for revoking or suspending a PI's access to the criminal information systems of the Administrative Office of the Courts (AOC). Directs the AOC to provide the Director of the Private Protective Services with copies of its current policies for access to court information systems for users outside the Judicial Branch. Delineates actions which are unlawfuland provides that willfully engaging in unlawful conduct as specified in this act is a Class H felony unless the conduct is covered under some other provision of law that provides for a greater punishment.
Intro. by Brock. | GS 74C |
As title indicates.
Intro. by Brock. | GS 115C |
Adds a new Article 15, Garnishment of Wages to Enforce Judgments, in GS Chapter 1C. Provides that a final judgment that an individual owes monetary damages may be enforced by garnishing the wages of the judgment debtor. Provides that the judgment against the debtor may be enforced by a writ of garnishment.Defines disposable earnings as the amount owed to the judgment debtor by an employer minus any amounts deducted by the employer for federal and state income taxes, the debtor's share of state unemployment insurance, and for social security. Provides that the amount of the judgment debtor's weekly earnings that may be garnished is the lesser of the following amounts: (1) 25% of the judgment debtor's disposable earnings or (2) the amount by which the judgment debtor's disposable earnings exceed 30 times the federal minimum wage, which is currently $7.25 per hour.
Specifies the procedures for garnishment of the judgment debtor's wages including the issuance of the writ of garnishment by the clerk of superior court. Permits the employer of the judgment debtor to deduct a fee of $10 per pay period from the amount garnished. Direct the employer to comply with the writ of garnishment. Provides criteria regarding the duration of the writ of garnishment, the priority for satisfying more than one writ of garnishment for a single judgment debtor, and the right of a judgment debtor to claim certain fund sources as exempt from garnishment. Also provides that an judgment debtor may file with the court a notice of objection to the garnishment order. Sets out a time line for notice to the judgment creditor of the filing of the notice of objection to the writ of garnishment and the scheduling of a hearing on the matter.
Specifies the order in which payments received by the judgment creditor are to be applied to the debt owed. Requires the judgment creditor to deliver written notification to the judgment debtor's employer within five business days following the satisfaction of the judgment and to notify the clerk in writing that the judgment is satisfied within 30 days after the debt is satisfied.
Authorizes the clerk to impose penalties for the improper garnishment of wages. Provides that earnings paid by a city, county, state, or local government authority are subject to the provisions regarding wage garnishment in the same manner as earnings paid by any other employer.
Amends GS 1-362 to delete the exception that allowed a debtor's earnings for personal services within a 60-day period preceding an order that the debtor's property be sold to satisfy the judgment to be exempt from application to the satisfaction of the judgment when it appeared that the earnings were necessary for the use of a family supported wholly or partly by the labor of the the judgment debtor.
Effective July 1, 2015, and applies to civil judgments entered either prior to or after the effective date.
Enacts new GS 132-11, State and local government transparency, providing that every agency of North Carolina government and its subdivisions that maintain websites must post specified information for the current calendar year or fiscal year. Sets out 13 things that must appear on the website pursuant to the above requirement, including the current salary of all employees and a detailed list of expenditures made by the agency or political subdivision. Requires the information posted on websites be easily accessible and searchable. Provides that if agencies or political subdivisions fail to meet the above provisions then it will be considered a denial of access to public records and as such procedures and remedies in GS 132-9 will apply. Effective December 1, 2015.
Amends GS 132-11 to again require the posting of the above specified information for the current calender or fiscal year and the four years immediately before that calendar or fiscal year. Effective December 1, 2016.
Intro. by Brock. | GS 132 |
Amends GS 20-146 concerning slow vehicles in passing lanes, making clarifying changes and also providing that, in addition to vehicles proceeding at less than the legal maximum speed, any vehicle that impedes the steady flow of traffic must be driven in a lane other than the inside lane next to the centerline or median of a multi-lane highway, except when overtaking and passing another vehicle going in the same direction or making a left turn. Provides that a violation of this subsection will be an infraction punishable by a $200 fine. Sets out and defines "impeding the steady flow of traffic" for the purposes of the subsection. Deletes all of the provisions of GS 20-146(c).
Effective December 1, 2015, applying to offenses committed on or after that date.
Intro. by Tarte. | GS 20 |
As title indicates.
Intro. by Tarte. | STUDY |
Part I.
Requires the Department of Administration (Department) to develop and implement a plan to analyze the current uses of all state-owned or leased property, to consolidate state functions into as few facilities as possible, and to see or otherwise dispose of all property that is freed of state functions. Sets out requirements to which the plan will be subject. Requires the Department to, by October 1, 2015, report the details of the plan to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. Requires the Department to report quarterly, beginning on February 1, 2016, until February 1, 2018, to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on its progress implementing the plan created pursuant to subsection (a) of this section. Specifies the information that must be included in the report.
Part II.
Enacts new GS 121-5A requiring every public record stored by a state agency to be stored only in digital format; excludes public records that are not required to be stored or archived under applicable law and records that are not public records. Requires that once the records are digitally stored, all nondigital versions of a public record and all public records that are no longer required to be stored under applicable law to be destroyed, unless the records are public records required to be maintained in paper format by federal law, or records that are of historical, cultural, or other enduring significance in their original format. Specifies circumstances under which the records custodian may keep the record in the original format while also storing the record digitally. Requires the State Chief Information Officer to adopt rules to implement this section and sets out what must be included in the rules. Requries the State Chief Information Officer to make specified reports to the Joint Legislative Commission on Governmental Operations, to the Joint Legislative Oversight Committee on Information Technology, and to the Fiscal Research Division.
Makes conforming changes to GS 147-33.82.
Effective October 1, 2017.
Part III.
Requires each state agency, no later than November 1, 2015, to submit specified information to the State Chief Information Officer, including a list of the type of public records stored by the agency, a statement of the percentage of the public records stored by the agency that are stored in digital format, and a list of the facilities in which the agency currently stores public records. Requires the State Chief Information Officer to develop a plan to convert all public records stored by State agencies into a digital format and implement that plan on July 1, 2016. Sets out requirements for the plan. Requires the State Chief Information Officer to, no later than May 1, 2016, report the details of the plan to the Joint Legislative Oversight Committee on Information Technology, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division.
Part IV.
Unless otherwise indicated, effective when the act becomes law.
Amends GS 58-31-60 by exempting the UNC System from the requirement of appointing an Employee Insurance Committee.
Enacts new GS 58-31-62, specifying that this statute applies to state government payroll units associated with UNC, instead of GS 58-31-60. Gives the UNC President the authority to (1) review insurance products currently offered through payroll deduction to employees to determine if those products meet the needs and desires of employees, (2) select the types of insurance products that reflect the needs and desires of employees, and (3) competitively select the best insurance products to reflect the needs and desires of employees. Provides that each payroll unit overseen by the President is entitled to no less than four payroll deduction slots to be used for the payment of insurance premiums for products selected and offered to employees. Sets out further provisions governing the use of those slots. Sets out the procedure for selecting insurance product proposals. Makes it a Class 3 misdemeanor to open a sealed insurance product proposal or to disclose or exhibit the content of a sealed proposal before the public opening.
Intro. by Tarte, Stein. | GS 58 |
Part I.
Amends GS 116-11 to allow the UNC Board of Governors (Board) or UNC President (President) to engage the services of and fix the compensation for private counsel with pertinent expertise in any matter in which the University of North Carolina or one or more of the constituent institutions is interested, if the Attorney General concurs that UNC would benefit from the assistance of private counsel. Allows the President to enter into such agreements with the Attorney General as may be necessary or appropriate to the representation of the University's interests in litigation. Requires that private counsel engaged under this provision be paid from the existing resources of The University of North Carolina, and requires the President to annually report the costs of engagements of private counsel to the Board.
Part II.
Amends GS 116-13.1 to allow the Board to approve the expenditure of available operating funds for projects that are of a type listed in G.S. 143C‑4‑3(b) (which provides that funds in the Repairs and Renovations Reserve allocated to the UNC Board of Governors or to the Office of State Budget and Management may be allocated or reallocated by those agencies for repairs and renovations projects so long as all of the specified conditions are met) and that are for state facilities and related infrastructure supported from the General Fund.
Part III.
Amends GS 116-30.3 to increase the amount of the reversions that may be carried forward by UNC from 2.5% to 5% of the General Fund appropriation in that budget code. Provides that any funds carried forward above 2.5% may be used to support one time expenditures for building repairs and renovations, equipment upgrades, matching and leveraging private funds to support the Distinguished Professorship program, and implementing energy savings projects and other management efficiency initiatives. Amends GS 116-36.1(g) to also include moneys received under GS 116-30.3 as "trust funds."
Part IV.
Amends GS 116-36.1(b) to also include moneys collected by an institution as tuition for self-supporting instructional programs previously approved by the Board as "trust funds."
Part V.
Enacts new GS 116D-26.1 applicable to special obligation bonds issued by the Board where (1) in the bond resolution or trust agreement authorizing or securing such bonds and at the time of issuance of the bonds, the Board has expressly and irrevocably elected to have the provisions of this section apply and (2) the debt service schedule for such bonds has been received by the Director of the Budget. Provides that whenever the paying agent for the bonds has not received payment of principal of or interest on bonds to which this section applies 15 days immediately before the date on which the payment is due, the paying agent must notify the Director of the Budget and the Board of the payment status. Specifies actions to be taken when the Board indicates that the institution will not make the payment by the due date. Includes provisions for when the Director of the Budget must make payments on behalf of the Board.
Part VI.
Amends GS 116-11 to allow the Board to authorize the President to create self-insurance trusts or a combination of insurance and self-insurance trusts. Makes conforming changes. Makes conforming changes to GS 58-31-55. Applies to purchases of insurance by the University on or after July 1, 2015.
Part VII.
Repeals GS 143C-1-5, which made the University of North Carolina subject to the provisions of this State Budget Act in the same manner and to the same degree as other state agencies.
Amends GS 143C-3-3 to require the Board to prepare a unified budget request for all of the constituent institutions including repairs and renovation, capital fund requests, and information technology requests. Exempts the University from the provisions of (e) concerning information technology requests. Makes conforming changes to GS 143C-3-5.
Effective July 1, 2015.
Authorizes the Legislative Research Commission (LRC) to study issues related to staffing public schools with an adequate number of school nurses. Specifies issues to be included in the study. Requires the LRC to report on the study to the 2015 General Assembly when it reconvenes in 2016.
Intro. by Tarte. | STUDY |
Amends GS 90-270.18(b) by increasing various fees associated with the practice of psychology. Applies to licenses and certificates issued on or after the date that the act becomes law.
Intro. by Barringer. | GS 90 |
Repeals GS 47-36.1, Correction of errors in recorded instruments.
Enacts new GS 47-36.2 defining attorney, corrective affidavit, and obvious description error. Defines a corrective affidavit as an affidavit executed by an attorney to correct an obvious description error, typographical error, or other minor error in a deed, deed of trust, or other instrument recorded with the register of deeds.
Applies to corrective affidavits filed on or after October 1, 2015.
Intro. by Lee, Barringer, Daniel. | GS 47 |
Establishes a moratorium on carrying out the death penalty imposed by a court in this state. Provides that the moratorium ends only when the state implements policies ensuring that death penalty cases are administered fairly and impartially in accordance with due process and that minimize the risk that innocent persons may be executed. Requires the policies to: (1) establish guidelines for the appointment and performance of competent counsel in capital cases; (2) preserve, enhance, and streamline the authority and responsibility of state courts to exercise independent judgment on the merits of constitutional claims in state postconviction and federal habeas corpus proceedings; and (3) eliminate discrimination in capital sentencing on the basis of the race of either the victim or the defendant.
Intro. by | UNCODIFIED |
States General Assembly findings.
Establishes the 25-member North Carolina Growth and Development Task Force (Task Force) to study how North Carolina can grow and develop with a balanced growth between urban and rural areas. Sets out membership of the Task Force and provides for vacancies, the designation of cochairs, and establishment of a quorum. Specifies the Task Force's duties and issues that it may consider. Requires the Task Force to solicit input on and develop a Plan to serve as a guide for the future long‑term, integrated development of the state. Requires that the plan include intermediate plans and benchmarks for the year 2017 and the year 2021 that the state should have in place to assist the state in fulfilling its goals for growth and development through the year 2025. Requires the Task Force to report its findings and recommendations, including the required plan to the General Assembly, the Joint Legislative Commission on Governmental Operations, and the chairs of the Senate and House Appropriations Subcommittees on Natural and Economic Resources on or before the convening of the 2017 General Assembly, at which time the Task Force terminates.
Effective July 1, 2015.
Intro. by McKissick, Brown. | STUDY |
The Daily Bulletin: 2015-03-30
House committee substitute makes the following changes to the 1st edition.
Changes the short and long titles.
Makes technical changes.
Amends Section 4 of Chapter 359 of the 1973 Session Laws deleting provisions which previously provided for nonpartisan elections for the Rutherford County Board of Education. Adds language which provides that the elections will now be on a partisan basis. Changes the deadline for delivering the map and description of the boundaries of the districts to the chairman to February 1 (was, August 10).
Makes clarifying changes.
Provides that the partisan elections for the Rutherford County Board of Education will begin in 2016 as specified in the act. Provides that vacancies for positions elected on a partisan basis will be filled in accordance with GS 115C-37.1(d).
Amends GS 115C-37.1(d) to add Rutherford County to the listed counties to which the statute applies effective the first Monday in December 2016.
Deletes the provision repealing laws in conflict with the act.
Intro. by West. | UNCODIFIED, Cherokee, Rutherford |
House committee substitute makes the following changes to the 1st edition.
Makes technical corrections.
Deletes language which set out provisions for scheduling recall elections if general law prohibits the holding of special elections during the time provided for and if no primary, general, or special election is otherwise scheduled.
Intro. by Burr. | Stanly |
House committee substitute to the 1st edition makes technical changes to the 1st edition. Repeals the entirety of Chapter 15 of the 1993 Session Laws and SL 2005-307 (current law that applies to Rockingham County Consolidated Board of Education elections).
Intro. by Jones, Holloway. | Rockingham |
Amends GS 105-537 to allow the Dare County Board of Commissioners to levy a local sales and use tax of 0.25% by resolution if (1) a majority of those voting in a special election approve the levy of the tax and the county has given no less than 10 days' public notice or (2) no election has been held within five years in which the tax has been defeated and the county has held a public notice after giving no less than 10 days' public notice. Allows the county to use the net proceeds of the tax under option (2) only for dredging purposes. Provide that a tax levied under option (2) expires the year following the completion of the Bonner Bridge replacement project.
Amends GS 105-537 again, effective January 1, 2020, to delete the option of levying a local sales and use tax of 0.25% if no election has been held within five years in which the tax has been defeated and the county has held a public notice after giving no less than 10 days' public notice.
Applies to Dare County only.
Intro. by Tine. | Dare |
Amends Chapter 246 of the Public-Local Laws of 1937 as follows. Authorizes the Board of Commissioners of Dare County to cause to be paid over to the Roanoke Island Volunteer Fire Department or its successor (was, to the governing authorities of the Town of Manteo) all of the proceeds of taxes levied under the Act. Authorizes the Roanoke Island Volunteer Fire Department or its successor (was, the Town of Manteo) to provide fire protection within the fire district and purchase firefighting equipment. Makes conforming changes.
Intro. by Tine. | Dare |
Repeals Chapter VI, concerning the Public Works Commission, of the Fayetteville City Charter, Chapter 557 of the 1979 Session Laws.
Amends the Fayetteville City Charter by adding new Chapter VIA, concerning the Public Works Commission. Creates the Fayetteville Public Works Commission (Commission) and continues it in its current form until October 1, 2015, at which time the membership increases to five. Sets terms of office at four years and requires a new appointment to be made in September of 2015, for a term of four years. Prohibits a member from serving more than two consecutive terms unless the City Council, by a two‑thirds vote, increases the number of consecutive terms allowed and prohibits service on the Commission by an elected official of the City of Fayetteville or an employee of the City or the Commission, but requires the Mayor to designate a member of the City Council to serve on the Commission as an ex officio nonvoting member. Provides for filling vacancies, qualifications of commissioners, organization of the Commission, required bond by Commission members, and member compensation. Specifies circumstances under which a Commission member may be removed by a two-thirds vote of the City Council. Sets out the Commission's powers and duties. Requires the Commission to appoint a general manager. Specifies that the title to all property under the Commission's management and control is and remain in the City's name. Sets out provisions concerning the sale of utility services, billing electric utility customers, keeping records and accounts, handling receipts and disbursements, maintaining cash reserves, and auditing. Requires the Commission, beginning July 1, 2015, to within 45 days of the financial close of each month remit to the City of Fayetteville 5% of the gross retail sales, less any taxes, of all utility services, except water and sewer services, provided to residential, commercial, and industrial customers of the Commission. Prohibits additional cash contributions or transfers from the Commission to the City unless: (1) the Mayor declares a state of emergency and (2) the Commission and City Council agree on the amount of the cash contribution or transfer. Sets out reporting requirements. Includes provisions governing issuance of revenue bonds, entering contracts, providing services to the City, making special assessments, participating in the retirement system, and investment authority.
Specifies that the current members of the City's Public Works Commission may continue to serve until their successors are appointed.
Effective July 1, 2015.
Intro. by Szoka, Floyd, Glazier, Lucas. | Cumberland |
As title indicates. Amends GS 115D-12 to reduce the number of groups of trustees from four to three, deleting what was group one and doubling the number of trustees in group two (now referred to as group one), requiring that the group consist of eight trustees elected by the board of commissioners of the county in which the main campus of the institution is located. Deletes language about joint elections when the administrative area of the institution is composed of two or more counties. Makes conforming changes. Applies only to the Tri-County Community College. Applies to appointments made on or after the date the act becomes law.
Identical to S 246, filed 3/11/15.
Adds new Article 43A to Subchapter VIII of GS Chapter 105 as the title indicates. Prohibits a tax levied under this Article from being in effect in a county at the same time as a tax levied under Article 43 (local government sales and use taxes for public transportation) of GS Chapter 105. Provides that a county board of commissioners may direct the county board of elections to conduct an advisory referendum in accordance with the procedures of GS 163-287, in which the question is whether to levy a local sales and use tax in the county at the rate of one-quarter percent in addition to the current local sales and use taxes, to be used only for financing school construction or renovation or purchase of land or facilities for schools and related indebtedness, instead of financing local public transportation systems. Provides additional guidelines and restrictions regarding the administration and use of a tax levied under this Article.
Limits application of this act to Robeson County only.
Intro. by Goodman, Waddell, Pierce, C. Graham. | Robeson |
As title indicates.
This act becomes effective June 30, 2015
Intro. by W. Brawley. | Mecklenburg, Union |
The Daily Bulletin: 2015-03-30
Actions on Bills: 2015-03-30
H 6: AUTOCYCLE DEFINITION AND REGULATION.
H 39: LABOR/UP AMUSEMENT DEVICE PENALTIES.
H 152: NEW HISTORIC PRESERVATION TAX CREDIT.
H 156: LEGAL NOTICES/REQUIRE INTERNET PUBLICATION.
H 229: CHURCH TAX EXEMPTION/DRIVING PRIVILEGES. (NEW)
H 242: VARIOUS CHARTER SCHOOL LAW CHANGES (New)
H 244: COMMUNITY CORR./INTERSTATE COMPACT/FUND.-AB
H 281: RECORDS TO MEDICAL EXAMINER.
H 286: DENTAL HYGIENISTS/INTRAORAL LOCAL ANESTHETICS.
H 293: ADOPTION LAW CHANGES.
H 297: END MARKETING/SALE UNBORN CHILDREN BODY PARTS (NEW).
H 332: ENERGY POLICY AMENDMENTS.
H 351: CLARIFY UTILITY RATES.
H 356: NCUC REG. FEE CHANGES.
H 365: ENHANCE PATIENT SAFETY IN OPERATING ROOMS.
H 366: COMPACT/BALANCED BUDGET.
H 367: NC CONSUMER FIREWORKS SAFETY ACT.
H 368: IMPROVE THE A-F GRADING SYSTEM.
H 369: WOUNDED WARRIOR MOTORSPORT SCHOLARSHIP/FUNDS.
H 370: CERTAIN LOCAL GOVTS IN STATE HEALTH PLAN.
H 371: TERROR CLAIMS/DAMAGES/LIABILITY FOR SUPPORT.
H 372: MEDICAID TRANSFORMATION AND REORGANIZATION
H 373: ELECTIONS. (NEW)
H 374: IDS EFFICIENCY ACT.
H 375: REAL PROP./ERROR CORRECTION & TITLE CURATIVE.
H 376: CIV PRO/MODERNIZE EXPERT DISCOVERY.
H 377: EFFICIENT AND AFFORDABLE ENERGY RATES.
H 378: AMD. CRITERIA/CERTAIN AG. COST-SHARE PGMS.
H 379: SIMPLIFY OT COLLECTION BY INTERMEDIARIES.
H 380: STATEWIDE SCHOOL SAFETY MANAGEMENT.
H 381: MODERNIZE COLLECTION AGENCY LAWS.
H 382: EVIDENCE/AMEND RULE 411.
H 383: CLARIFY STATUTORY SCHEME/SEX OFFENSES.
H 385: SHERIFFS' SUPP. PENSION FUND CHANGES. (NEW)
H 390: BEAUFORT CO. CC/WASHINGTON CO.
H 391: REDUCE ABC FEES PAID BY VFW POST.
H 395: BODY AND DASHBOARD CAMERAS/LAW ENFORCEMENT.
H 396: CC INNOVATIVE PILOT PROGRAM.
H 397: CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS.
H 398: INCREASE ERRONEOUS CONVICTION COMPENSATION.
H 399: YOUNG OFFENDERS REHABILITATION ACT.
S 6: STATE HEALTH PLAN/REHIRED RETIREE ELIGIBILITY.
S 14: ACAD. STANDARDS/RULES REVIEW/COAL ASH/FUNDS.
S 20: IRC UPDATE/MOTOR FUEL CHANGES. (NEW)
S 105: REPORT NO. VETERANS FILING TAX RETURNS. (NEW)
S 112: COMM. FISHING COURSES/COASTAL COLLEGES.
S 160: OFFICIAL STATE VETERANS DAY PARADE. (NEW)
S 161: SUPREME COURT SESSIONS IN MORGANTON.
S 176: CHARTER SCHOOL GRADE LEVEL EXPANSION.
S 334: SBCC ELECTION.
S 372: RENEWABLE ENERGY SAFE HARBOR.
S 396: LIMIT NUMBER OF STUDIES/MPOS AND RPOS.
S 400: SCHOOL ACCESS FOR BOY SCOUTS/GIRL SCOUTS. (NEW)
S 409: NEED-BASED SCHOLARS/PRIVATE COLLEGES.
S 410: FUNDS FOR ECU SCHOOL OF MEDICINE.
S 414: REGULATE TRANSPORTATION NETWORK SERVICES.
S 416: NO ONE-YR SEPARATION REQ/FELONY CONVICTION.
S 417: HABITUAL IMPAIRED DRIVING/10-YEAR PERIOD.
S 418: AMEND STATUTORY RAPE/15 YRS. OLD OR YOUNGER.
S 419: LIMIT REVOLVING DOOR EMPLOYMENT.
S 424: FOSTERING SUCCESS.
S 425: DOT CONDEMNATION CHANGES.
S 426: DENR ATTRACTIONS DYNAMIC PRICING FLEXIBILITY.
S 427: NC-THINKS/AWARDS ALLOCATION CHANGES.
S 428: SURCHARGE TRANSPARENCY.
S 429: LABOR/2015 TECHNICAL & CONFORMING CHANGES.
S 430: LRC STUDY/CAMPAIGN ADVERTISING.
S 434: CAP/CLARIFY UTILITY RATE MECHANISMS.
S 435: BUSINESS COURT AMENDMENT.
S 436: EVALUATION OF ELECTRICAL GRID/FUNDS.
S 437: APPROPRIATE FUNDS FOR POISON CONTROL.
S 443: DRIVERS LICENSE FEE/DONATE LIFE NC.
S 446: DEALER LOANERS/UNMANNED AIRCRAFT/BRUNSWICK CO. (NEW)
S 447: ENERGY INVESTMENT ACT.
S 448: EQUALIZE TAX ON PROPANE USED AS A MOTOR FUEL.
S 449: KAPPA ALPHA PSI SPECIAL LICENSE PLATE.
S 451: PENALTIES FOR NONCOMPLIANCE.
S 452: STATUTE OF LIMITATIONS REFUND MODIFICATION.
S 455: IRAN DIVESTMENT ACT.
S 458: RELIGIOUS ORGS: CLARIFY PROP. TAX EXEMPTION.
S 460: REAL PROP./ERROR CORRECTION & TITLE CURATIVE.
S 461: ELIMINATE TOBACCO DISCOUNT.
S 462: PUBLIC AUTHORITIES/NONPROFIT CORPORATIONS.
S 464: FUNDS TO IMPLEMENT UNC STRATEGIC PLAN.
S 465: UI/WORK SHARING OPTIONS FOR EMPLOYERS.
S 466: SELF-SETTLED TRUSTS.
S 467: WC/NONPROFIT CORP. VOLUNTEERS & OFFICERS.
S 468: TRUST TAXABLE INCOME CLARIFICATION.
S 470: IGNITION INTERLOCK REQ'D/ALL DWIS.
S 471: MODERNIZE COLLECTION AGENCY LAWS.
S 472: LOCAL INCENTIVES FOR HISTORIC REHABILITATION.
S 473: PRECINCT OFF'L/ONE-STOP SITE/LATE AB. BALLOTS.
S 474: AFFIRMATIVE CONSENT STANDARD.
S 476: ASSURE SAFE FOOD VIA FOOD HANDLER TRAINING.
S 477: TRANSFER OF BLADEN CORRECTIONAL FACILITY (NEW).
S 478: IN-STATE TUITION FOR CERTAIN VETS/FED PROG.
S 479: LOCAL GOVERNMENTS IN STATE HEALTH PLAN.
S 480: UNIFORM POLITICAL ACTIVITY/EMPLOYEES.
S 481: FUND SM BUSINESS/DOR RULINGS/CITY RT OF WAY (New).
S 482: LLC CLARIFICATIONS & EMP INVENTION OWNERSHIP. (NEW)
S 483: EFFICIENT AND AFFORDABLE ENERGY RATES.
S 486: NC TRAIL EXPANSION/ECONOMIC CORRIDORS.
S 487: HEALTH CHOICE TECHNICAL REVISIONS.-AB
S 488: AMEND UNIFORM INTERSTATE FAMILY SUPPORT ACT.-AB
S 489: DHHS CHILD SUPPORT RECOMMENDATIONS.-AB
S 491: MANUFACTURED HOME PURCHASE AGREEMENT CHANGE.
S 492: LIMITED DRIVING PRIVILEGE/CHURCH.
S 493: POLITICAL PARTY FUNDING VIA TAX RETURN.
S 494: STUDENT ATTENDANCE RECOGNITION.
S 495: PROVIDE FUNDING/NC MILITARY BUSINESS CENTERS.
S 496: PROTECT MH/DD/SA CLIENTS FROM ABUSE.
S 497: ALLOW CHANGE OF OFFICE WITHIN FILING DEADLINE.
S 500: NC INFRASTRUCTURE DEVELOPMENT ACT.
S 501: STRENGTHEN THE DO NOT CALL REGISTRY.
S 509: PUBLIC AUTHORITY/WEIGHT & PERM. PLATES.
S 510: NCVPS/EQUAL ACCESS TO EDUCATION.
S 511: PROOF REQUIRED FOR DEBT/FEES.
S 512: DELAY LAW IMPLEMENTATION/VIVA/PAPER BALLOTS.
S 513: NORTH CAROLINA FARM ACT OF 2015.
S 515: DRIVER EDUCATION FUNDING.
S 516: LEO PRIVACY PROTECTION.
S 517: TEACHERS/ISOLATED K-12 SCHOOLS.
S 518: BROADER PUBLICATION OF LEGAL NOTICES.
S 519: AMEND CHILD CUSTODY LAWS (NEW).
S 520: AMEND INDECENT EXPOSURE LAW.
S 521: ALT. DISPOSAL OF BIODEGRADABLE AG PLASTICS.
S 522: RAISE AWARENESS OF LUPUS.
S 523: AVOID DOUBLE BILLING OF STATE TAXPAYERS.
S 524: GRAD REQUIREMENTS/SPORTS PILOT (NEW).
S 525: AMEND OPTICIAN LICENSURE FEES & EXAM REQ'S.
S 526: JOB CREATION AND TAX RELIEF ACT OF 2015.
S 527: WOUNDED WARRIOR MOTORSPORT SCHOLARSHIP/FUNDS.
S 528: RESCIND CONSTITUTIONAL CONVENTION REQUESTS.
S 529: BILLY GRAHAM/NATIONAL STATUARY HALL.
S 530: COMPETENCY-BASED ASSESSMENTS.
S 531: STUDY NEED FOR PULSE OXIMETERS IN SCHOOLS.
S 532: EUGENICS AMENDMENTS/COUNTY VICTIMS.
S 533: NC VOTER EDUCATION ACT.
S 534: 2015 CONTINUING BUDGET AUTHORITY (NEW)
S 535: NC WORKS CAREER COACHES.
S 536: STUDENTS KNOW BEFORE YOU GO AND CENTRAL RESID. (NEW)
S 537: STUDY THIRD YEAR LAW STUDENT PRACTICE RULES.
S 538: NCWORKS/ENHANCE WORKFORCE DEVELOPMENT.
S 539: DOT/WORKFORCE REDUCTION COMPLIANCE.
S 540: PRIORITY PASS/FERRY.
S 541: REGULATE TRANSPORTATION NETWORK COMPANIES.
S 542: DECRIMINALIZE DIRECT ENTRY MIDWIFERY.
S 543: HOME BIRTH FREEDOM ACT.
S 544: REQUIREMENTS-BASED WORKFORCE DEVELOPMENT.
S 545: WORKFORCE ENRICHMENT/VETERANS.
S 546: CREATE INSPECTION PROGRAM/VENISON DONATIONS.
S 547: INTERCONNECTION OF PUBLIC WATER SYSTEMS.
S 548: REESTABLISH NC PROGRESS BOARD.
S 549: STUDY REG. HEALTH AUTHORITIES/DATA ANALYTICS.
S 550: NC RELIGIOUS FREEDOM RESTORATION ACT.
S 551: OUT OF SCHOOL SERVICES.
S 552: SEDIMENTATION CONTROL CIVIL PENALTY REFORMS.
S 553: PUBLIC RECORDS/ACCESS FOR NC CITIZENS ONLY.
S 554: SCHOOL BUILDING LEASES. (NEW)
S 555: STUDENT READING ACT.
S 556: CAPITAL IMPROVEMENT REFORM.
S 557: CREATE PERMIT EXEMPTIONS/HOME RENAL PRODUCTS.
S 558: ALLOW CHIROPRACTIC PRECEPTORSHIP PROGRAMS.
S 559: DESIGNATE OFFICIAL STATE SPIDER.
S 560: 2015 CONTINUING BUDGET AUTHORITY (NEW).
S 561: FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS (NEW).
S 562: ENERGY INVESTMENT ACT.
S 563: COMMUNITY ASSOCIATION MANAGERS LICENSURE ACT.
S 564: UI/DIRECT SELLERS/NONEMPLOYEE STATUS.
S 565: NO REVOLVING DOOR EMPLOYMENT.
S 566: DISPOSITION OF MINIMAL PROPERTY TAX REFUNDS.
S 567: REGULATE TRANSPORTATION NETWORK COMPANIES.
S 568: NORTH CAROLINA HEALTH CARE MODERNIZATION.
S 569: ELECTRIC USAGE DATA FREEDOM ACT.
S 570: EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW)
S 571: EXPAND USES OF 911 FEE.
S 572: AGRICULTURAL REGULATORY RELIEF.
S 573: STRENGTHEN OYSTER INDUSTRY.
S 574: 2015 MEDICAID REFORM.
S 575: NC/SC ORIGINAL BORDER CONFIRMATION.
S 576: FAIR COMPETITION & EMP. CLASSIFICATION ACT.
S 577: MANUFACTURED HOME RE-TITLE.
S 578: TRANSITION CERTAIN ABUSE INVESTIGATIONS/DCDEE.
S 579: AGRICULTURAL FAIRS/HANDGUNS ON PREMISES.
S 580: HONOR STATE'S VETERANS.
S 581: STUDY SUBDIV. STREETS/TRAFFIC CALMING DEVICES (NEW).
S 582: THIRD-PARTY PREMIUM PAYMENTS.
S 583: JUNETEENTH OBSERVANCE.
S 584: POVERTY TASK FORCE.
S 585: CREATE HBCU ADVISORY BOARD.
S 586: LOCAL FOOD SOURCING TAX CREDIT.
S 587: POSTAGE PAID ON RETURN/VOTED ABSENTEE BALLOTS.
S 588: REMOVE REVOCATION FOR CERTAIN DWLR OFFENSES.
S 589: HABITUAL FELONS/CLARIFY PREVIOUS CONVICTIONS.
S 590: SEX OFFENDER/UNLAWFULLY ON PREMISES.
S 591: HONOR COACH'S ACHIEVEMENTS.
S 592: CLARIFY PROOF OF ELIGIBILITY REQS. FOR PUV.
S 593: IMPROVE PROFESSOR QUALITY/UNC SYSTEM.
S 594: TEACH FOR NORTH CAROLINA PILOT PROGRAM.
S 595: SCHOOL SAFETY ACT.
S 596: PROTECTION AGAINST UNCONST. FOREIGN JUDGMNTS.
S 597: REPEAL REFERENCES TO ABC'S. (NEW)
S 598: Substance-Exposed Newborns Protection Plans (NEW).
S 599: HIGHWAY QUICK CLEARANCE AMENDMENTS.-AB
S 600: APPRAISER COMPENSATION/JUDGE PERFORM MARRIAGE (NEW).
S 601: STUDENT DATA PROTECTION ACT.
S 602: CONST. AMEND.-RESERVE LOTTERY FUNDS PRE-K.
S 603: NC ACCOUNTABILITY.
S 604: WOMEN AND CHILDREN'S PROTECTION ACT OF 2015.
S 605: VARIOUS CHANGES TO THE REVENUE LAWS.
S 606: TAX LAW T/C FOR CONSTITUTIONAL AMENDMENT.
S 607: TAXPAYER PROTECTION ACT. (NEW)
S 608: SIMPLE AND FAIR FORMULA FOR SALES TAX DISTRIB.
S 609: MANDATE USE/CONTROLLED SUB. REPORTING SYSTEM.
S 610: HEALTHY PREGNANCIES/PRISONERS AND DETAINEES.
S 611: THE I WILL ACT.
S 612: NONDISCRIMINATION IN PUBLIC EMPLOYMENT.
S 613: PROHIBIT DISCRIMINATORY PROFILING.
S 614: EXPAND GRANDPARENT VISITATION RIGHTS.
S 615: RURAL BROADBAND/INFRASTRUCTURE.
S 616: COMMERCE NCWORKS/FUNDS.
S 617: LOCAL GOVERNMENT REG REFORM.
S 618: MODIFY OSBM FISCAL ANALYSIS: EXISTING RULE.
S 619: GREY'S LAW.
S 620: DOT/OUTSIDE COUNSEL.-AB
S 621: REGISTRATION RENEWAL NOTICE/E-MAIL.-AB
S 622: UAS/NO LEO SURVEILLANCE OF PRIVATE PROPERTY.
S 623: OCC.LIC./AMEND FEE SCHED. BARBER EXAMINERS BD.
S 624: PRIVATE SCHOOLS/FIREARMS AMENDMENTS.
S 625: INTERNET UNIVERSITIES/FRAUDULENT DEGREES.
S 626: AMEND EXPUNCTION LAWS.
S 627: LRC STUDY/POLLING SITE & BALLOT BOX ACCESS.
S 628: NATURAL GAS ECON. DEV. INFRASTRUCTURE.
S 629: INCREASE ENERGY EFFICIENCY.
S 630: PI ACCESS TO CRIMINAL COURT RECORDS.
S 631: ELMINATE ANNUAL TRAINING REQ.-SCH BOARDS.
S 632: CIVIL JUDGMENT/ALLOW WAGE GARNISHMENT.
S 633: STATE AND LOCAL GOV. TRANSPARENCY ACT.
S 634: USE OF PASSING LANE/INCREASED PENALTY.
S 635: COAL ASH RECYCLING.
S 636: CONSOLIDATE STATE OFFICES/DIGITAL DOCS REQ'D.
S 637: AFTER TAX BENEFIT PLAN EFFICIENCY.
S 638: UNC OMNIBUS BILL.
S 639: TRANSPORTATION FUNDING BILL.
S 640: SCHOOL NURSES/LRC STUDY.
S 641: CONCEALED HANDGUN PERMIT STANDARDIZATION ACT.
S 642: RAISE FEE CEILINGS/PSYCHOLOGY PRACTICE ACT.
S 643: REAL PROP./RECORDED INSTRUMENT ERROR CORRECT.
S 644: DEATH PENALTY MORATORIUM.
S 645: URBAN/RURAL GROWTH & DEVELOPMENT TASK FORCE.
S 646: UNLAWFUL TO ASSIST ANOTHER TO COMMIT SUICIDE.
S 647: AMEND TRAPPING LAW.
S 648: NC FIREARMS FREEDOM ACT.
S 649: ACCESS TO SPORTS/EXTRACURR. FOR ALL STUDENTS.
S 650: ELECTIONS TRANSPARENCY.
S 651: CLARIFY STATUTORY SCHEME/SEX OFFENSES.
S 652: PROHIBIT RE-HOMING OF AN ADOPTED MINOR CHILD.
S 653: SENIORS' FRAUD PROTECTION ACT.
S 654: MAP ACT/CLARIFICATIONS.
S 655: CLARIFY BOARD APPOINTMENTS.
S 656: WC/2015 OMNIBUS LAW CHANGES.
S 657: CHARTER SCHOOLS/HIGHER ED/LRC STUDY.
S 658: EXPAND TO SEVEN-DAY HUNTING.
S 659: SHERIFFS' ASSOCIATION SPECIAL PLATE.
S 660: DISPOSE OF REMAINING TOXICOLOGY FUNDS.
S 661: PRIVATE LABS MUST COMPLY WITH CODIS.
S 662: APPROPRIATE FUNDS FOR TOBACCO USE PREVENTION.
S 663: OSHR MODERNIZATION/TECHNICAL CHANGES.
S 664: STUDY LOCAL GOV'T CONTRACT LOBBYISTS.
S 665: UNCLAIMED LIFE INSURANCE BENEFITS.
S 666: STUDY ENERGY GENERATION/TRANSMISSION.
S 667: ELECTIONS OMNIBUS REVISIONS (NEW).
S 668: AUTO INSURANCE/ALLOW OPTIONAL ENHANCEMENTS.
S 669: HOMELESS YOUTH OBTAINING HOUSING/LRC STUDY.
S 670: TERM LIMITS FOR BOG MEMBERS.
S 671: DL RESTORATION/DWI TREATMENT COURT.
S 672: LRC STUDY/LOCAL BOARDS OF ED.
S 673: NATURAL GAS ECON. DEV. INFRASTRUCTURE (NEW).
S 674: TRUCK DEALER COST REIMBURSEMENT.
S 675: LIMIT PAROLE REVIEW FREQUENCY.
S 676: AUTISM HEALTH INSURANCE COVERAGE.
S 677: YOUTH DEVELOPMENT FUND.
S 678: AMEND DEBT COLLECTION STATUTES.
S 679: NC CONSUMER FINANCE ACT AMENDMENTS.
S 680: NC MONEY TRANSMITTERS ACT.-AB
S 681: CONSUMER ACCESS TO CREDIT ACT.
S 682: MODIFY SUNSET RE: CONTINGENT AUDITS.
S 683: ABOLISH CONSENT TO RATE FOR PROPERTY INS.
S 684: WAIVE JURY TRIAL/PROCEDURES.
S 685: IDS EFFICIENCY ACT.
S 686: LIMITED DRIVING PRIVILEGE CHANGES.
S 687: STUDY/TRANSFER GLOBAL TRANSPARK TO COMMERCE.
S 688: 2015 TORT REFORM.
S 689: PUBLIC INFRASTRUCTURE OVERSIGHT COMMISSION.
S 690: LRC STUDY SCH. DIST. RESTRUCTURE/OPEN ENROLL.
S 691: STUDY INSURANCE RATE MAKING.
S 692: NUTRITIOUS FOOD REQUIREMENTS.
S 693: UI AND WORKERS' COMP FOR NEWSPRINT EMPLOYEES.
S 694: REEGAN'S RULE/ENFORCE PHARM. BEN. MGMT. (NEW)
S 695: MODERNIZE NURSING PRACTICE ACT.
S 696: MEDICAID MODERNIZATION.
S 697: IC/ESTABLISH PRESCRIPTION DRUG FEE SCHEDULE.
S 698: LEGACY MEDICAL CARE FACILITY/CON EXEMPT. (NEW)
S 699: PROTECT LEO HOME ADDRESS/OTHER INFORMATION.
S 700: LIMIT SALES TAX REFUND FOR NONPROFITS.
S 701: DISCONTINUE MEDICAID CONTRACT FOR PCCM.
S 702: REPEAL CON AND COPA LAWS.
S 703: MEDICAID TRANSFORMATION.
S 704: LRC-STUDY MOBILE HOME PARK ABANDONED PROPERTY.
S 705: ENSURE FAIR SALE OF DOROTHEA DIX PROPERTY.
S 706: HBCU INNOVATION FUND.
S 707: ASSIGNMENT OF BENEFITS.
S 708: HOMELAND SECURITY PATRIOT ACT.
S 709: DISPUTE RESOLUTION AMENDMENTS.
S 710: SERVICE WORKER TAX REDUCTION ACTION.
S 711: PRESUMPTION OF SHARED PARENTING.
Actions on Bills: 2015-03-30
H 12: AMEND GASTON FOSTER CARE OMBUDSMAN PROG.
H 70: CHARLOTTE FIREFIGHTERS' RETIREMENT.
H 110: CHEROKEE/RUTHERFORD/CLAY BDS. OF ED. ELECTIONS. (NEW)
H 111: STANLY CO BD. OF ED. RECALL.
H 112: STANLY CO BD OF ED ELECTION METHOD.
H 189: ROCKINGHAM CO. SCHOOL BD.
H 199: CERTAIN CITIES/DONATE SERVICE ANIMALS.
H 204: CASWELL BEACH/QUICK TAKE EMINENT DOMAIN.
H 243: LOCAL MOD: ECONOMIC DEVELOPMENT COMMISSIONS.
H 263: CITY ELECTIONS/TRINITY AND GREENSBORO
H 279: WAKE CTY LOCAL BOARD OF EQUALIZATION/REVIEW.
H 384: GREENSBORO/POLICE DISCIPLINARY ACTIONS.
H 388: DARE COUNTY LOCAL OPTION SALES TAX.
H 389: ROANOKE ISLAND FIRE DISTRICT CHANGES.
H 392: FAYETTEVILLE CHARTER/PWC CHANGES.
H 393: TRI-COUNTY CC/BD. OF TRUSTEES.
H 394: INCREASE OPTIONS FOR LOCAL OPTION SALES TAX.
H 400: TOWN OF MINT HILL/ANNEXATIONS.
S 140: LAKE SANTEETLAH OCCUPANCY TAX AUTHORIZATION.
S 156: MT. GILEAD CHARTER REVISION & CONSOLIDATION.
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