House amendment #1 makes the following changes to the 1st edition.
Amends GS 95-111.13 regarding violations, civil and criminal penalties, and appeal rights under the Amusement Device Safety Act of North Carolina, making a technical change. Also provides that a violation of this Article is considered a Class E felony, which could include a fine of not more than $50,000 (previously, was punishable by a fine of not more than $50,000).
The Daily Bulletin: 2015-03-31
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The Daily Bulletin: 2015-03-31
PUBLIC/HOUSE BILLS
H 39 (2015-2016) LABOR/UP AMUSEMENT DEVICE PENALTIES. Filed Feb 3 2015, AN ACT TO INCREASE THE PENALTIES FOR THE ILLEGAL OPERATION OF AMUSEMENT DEVICES AND TO DIRECT THE DEPARTMENT OF LABOR TO STUDY THE REGULATION OF THE OPERATION OF ZIP-LINES.
| Intro. by Davis, Howard. | GS 95 |
H 140 (2015-2016) LINEMAN APPRECIATION DAY IN NC. Filed Mar 3 2015, AN ACT DESIGNATING THE EIGHTEENTH DAY OF APRIL, 2015, AND THE SECOND MONDAY IN APRIL OF EACH YEAR THEREAFTER AS LINEMAN APPRECIATION DAY.
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends proposed GS 103-14 to provide that the second Monday in April of each year (was, the 18th day of April of each year) is designated as Lineman Appreciation Day in North Carolina.
Provides that the 18th day of April 2015 is designated as Lineman Appreciation Day in North Carolina.
Amends the effective date to provide that proposed GS 103-14 is effective July 1, 2015 (was, effective when it becomes law).
| Intro. by Hastings, Pendleton, Farmer-Butterfield. | GS 103 |
H 185 (2015-2016) REPEAL DCR'S OBSOLETE COMMS & LANGUAGE.-AB Filed Mar 10 2015, AN ACT TO REPEAL COMMISSIONS WITHIN THE DEPARTMENT OF CULTURAL RESOURCES THAT HAVE SERVED THEIR PURPOSE AND TO REPEAL THE STATUTORY LANGUAGE RELATING TO THE USE OF ALKALINE PAPER FOR PUBLIC DOCUMENTS AND PREVIOUSLY REPEALED COMMISSIONS.
House committee substitute makes the following changes to the 1st edition.
The first edition deleted GS 125-11.13 and GS 143-170.5, related to printing of government publications on alkaline paper, in their entirety.
Amends GS 125-11.13 and GS 143-170.5 to delete portions of each of these statutes, eliminating the detailed process and reporting requirements but retaining the underlying requirement that publications that are of historical or enduring value are to be designated as such on an annual basis by the State Librarian and the University Librarian at the University of North Carolina at Chapel Hill and printed on alkaline paper. Instructs state agencies publishing a document designated for printing on alkaline paper by the State Librarian and the University Librarian to comply with that publication requirement.
H 187 (2015-2016) STALKING BY GPS/CRIMINAL OFFENSE. Filed Mar 10 2015, AN ACT TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF CYBERSTALKING IF THE PERSON KNOWINGLY INSTALLS OR PLACES A TRACKING DEVICE WITHOUT CONSENT AND USES THE DEVICE TO TRACK THE LOCATION OF AN INDIVIDUAL.
House committee substitute makes the following changes to the 1st edition.
Amends GS 14-196.3 adding language to the proposed term "fleet vehicle" providing that fleet vehicles are also motor vehicles used as demonstrators, test vehicles, or loaner vehicles by motor vehicle dealers. Amends the provisions which create exceptions to the prohibition and unlawful tracking of vehicles, expanding on the exception for the owner of fleet vehicles, establishing that the provisions also do not apply to creditors of fleet vehicles or a motor vehicle dealer or seller as defined in GS 20-286 and 25A-6 when tracking such vehicles. Also exempts the installation, placement, or use of an electronic tracking device to locate and remotely disable a fleet vehicle with the express consent of the purchaser, borrower, or lessee of the fleet vehicle. Makes a clarifying change to GS 14-196.3(e)
| Intro. by Glazier, Horn, Faircloth, McGrady. | GS 14 |
H 232 (2015-2016) STUDY/UPDATE BICYCLE SAFETY LAWS. Filed Mar 12 2015, AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO STUDY THE BICYCLE SAFETY LAWS IN THIS STATE AND MAKE RECOMMENDATIONS AS TO HOW THE LAWS MAY BE REVISED TO BETTER ENSURE THE SAFETY OF BICYCLISTS AND MOTORISTS ON THE ROADWAYS.
House committee substitute makes the following changes to the 1st edition.
Adds language that provides that the Department of Transportation must designate the members listed in subdivisions (1) through (8) for the working group and then the members of the working group must select a chair and designate the remaining members of the working group. Requires the working group to ensure that membership composition includes representation of different operator and geographical perspectives.
| Intro. by Whitmire, Shepard, Jeter. | STUDY |
H 255 (2015-2016) BUILDING CODE REG. REFORM. Filed Mar 17 2015, AN ACT TO REFORM BUILDING CODE ENFORCEMENT TO PROMOTE ECONOMIC GROWTH BY CONFORMING WORK IN PROGRESS INSPECTION AUTHORITY TO RECENTLY ENACTED INSPECTION LIMITATIONS, BY REQUIRING THE BUILDING CODE COUNCIL TO STUDY THE ALTERNATE METHODS APPROVAL PROCESS, BY CLARIFYING THE DEFINITION OF OFFICIAL MISCONDUCT FOR CODE OFFICIALS, BY RAISING THE THRESHOLD FOR REQUIREMENT OF A BUILDING PERMIT, BY CREATING THE BUILDING CODE COUNCIL RESIDENTIAL CODE COMMITTEE AND THE BUILDING CODE COMMITTEE, BY REQUIRING INTERNET POSTING OF CERTAIN COUNCIL DECISIONS AND INTERPRETATIONS, BY CLARIFYING THAT INSPECTION FEES COLLECTED BY CITIES AND COUNTIES MAY ONLY BE USED TO SUPPORT THE INSPECTION DEPARTMENT, AND BY REQUIRING THAT INSPECTIONS BE PERFORMED IN FULL AND IN A TIMELY MANNER AND INSPECTION REPORTS TO INCLUDE ALL ITEMS FAILING TO MEET CODE REQUIREMENTS, BY AUTHORIZING INSPECTIONS OF COMPONENTS OR ELEMENTS OF BUILDINGS CERTIFIED BY LICENSED ARCHITECTS OR LICENSED ENGINEERS, AND BY EXEMPTING CERTAIN COMMERCIAL BUILDING PROJECTS FROM THE REQUIREMENT OF A PROFESSIONAL SEAL.
House committee substitute makes the following changes to the 1st edition.
Amends GS 143-138(b5) to provide that no building permit is required under the NC Building Code (Code) or any local variance approved under subsection (e) for construction, installation, repair, replacement, or alteration costing $15,000 (was, $10,000) or less in any single family residence or farm building unless specified work is performed.
Amends GS 153A-357 concerning permits, providing that counties must review and approve building plans submitted for any commercial and multifamily structure (was, any nonresidential structure) pursuant to the Code. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $15,000 (was, $10,000) or less in any single-family residence or farm building unless specified work is performed.
Amends GS 160A-417, providing that cities must review and approve building plans submitted for any commercial and multifamily structure (was, for any nonresidential structure) pursuant to the Code. Further provides that no building permit is required under the Code for construction, installation, repair, replacement, or alterations costing $15,000 (was, $10,000) or less in any single-family residence or farm building unless specified work is performed.
Amends GS 153A-354 and GS 160A-414, concerning financial support of county and city inspection departments, making clarifying changes.
Changes the effective date to October 1, 2015 (was effective July 1, 2015).
H 273 (2015-2016) CLARIFY COND. DISCHARGE LAW/NO DWI EXPUNGE. Filed Mar 17 2015, AN ACT TO CLARIFY THAT THE PROVISIONS REGARDING DEFERRED PROSECUTION AND CONDITIONAL DISCHARGE FOR CONVICTIONS OF H AND I FELONIES AND MISDEMEANORS UNDER STRUCTURED SENTENCING DO NOT APPLY TO CONVICTIONS OF IMPAIRED DRIVING, TO CLARIFY THAT OFFENSES INVOLVING IMPAIRED DRIVING CANNOT BE EXPUNGED, AND TO MODIFY THE LAW CONCERNING WHEN A NEW SENTENCING HEARING MUST BE HELD IN DISTRICT COURT ON AN IMPLIED CONSENT CONVICTION FOR WHICH THE APPEAL TO SUPERIOR COURT HAS BEEN WITHDRAWN.
House committee substitute makes the following changes to the 1st edition.
Adds a new subsection (a1) to GS 15A-145 to provide that this section should not be interpreted as permitting any individual to expunge his or her record of any offense involving impaired driving as defined in GS 20-4.01(24a). Amends GS 15A-145.4(a) to add any felony offense involving impaired driving as defined in GS 20-4.01(24a) to those felonies that are specified as being excluded from identification as a "nonviolent felony." Amends GS 15A-145.5(a) to add an offense involving impaired driving as defined in GS 20-4.01(24a) as a misdemeanor or felony that was excluded from identification as a "nonviolent misdemeanor" or "nonviolent felony." Effective July 1, 2015, and applies to petitions filed and petitions pending on or after that date.
Makes technical changes renumbering provisions as necessary.
Amends the long title and the short title to better reflect the bill content as amended in this act.
| Intro. by Jackson, Glazier. | GS 15A |
H 274 (2015-2016) RETIREMENT TECHNICAL CORRECTIONS ACT OF 2015.-AB Filed Mar 17 2015, AN ACT TO ENACT THE RETIREMENT TECHNICAL CORRECTIONS ACT OF 2015.
House committee substitute makes the following changes to the 1st edition.
Amends GS 135-4(g) as it relates to creditable service in the Teachers and State Employees Retirement System (TSERS) for teachers and other state employees who served in the uniformed services as defined in the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Provides that this subsection applies to teachers and other state employees who served in uniformed services and "who were not dishonorably discharged" (was stated as, "who after being honorably discharged"). It also adds language specifying that when a member returns to work after having served in the uniformed services and is in compliance with the provisions of this subsection, that member's employer must remit to TSERS all employer and employee contributions for the full period of that member's military service.
H 291 (2015-2016) HAZ. MATERIALS IN SAFE DEPOSIT BOX.-AB Filed Mar 18 2015, AN ACT TO PROVIDE THE DEPARTMENT OF STATE TREASURER AUTHORITY IN THE HANDLING OF UNCLAIMED PROPERTY DETERMINED TO BE OF A HAZARDOUS NATURE OR WHICH IS OTHERWISE REGULATED, ILLEGAL, OR WHICH HAS NO SUBSTANTIAL COMMERCIAL VALUE AND TO PROVIDE GUIDANCE FOR THE PROPER HANDLING AND DISPOSITION OF THESE MATERIALS ON THE PART OF FINANCIAL ORGANIZATIONS.
House committee substitute makes the following changes to the 1st edition.
Makes technical and organizational changes to proposed GS 116B-55(d).
| Intro. by Hurley. | GS 116B |
H 399 (2015-2016) YOUNG OFFENDERS REHABILITATION ACT. Filed Mar 30 2015, AN ACT TO ESTABLISH THE JUVENILE JURISDICTION ADVISORY COMMITTEE, TO CREATE A PILOT CIVIL CITATION PROCESS FOR JUVENILES, AND TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS WHO HAVE COMMITTED MISDEMEANOR OFFENSES.
Establishes the 24-member Juvenile Jurisdiction Advisory Committee (Committee) within the Division of Juvenile Justice of the Department of Public Safety (Department), with specified membership, including members appointed by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor, to plan for the implementation of changes to the juvenile justice system for the extension of its jurisdiction. Specifies changes that would be required to extend jurisdiction in delinquency matters to include 16- and 17-year-olds with misdemeanor offenses in the juvenile justice system.
Provides that the co-chairs of the Committee will establish a 7-member Juvenile Civil Citation Subcommittee, with specified membership, to develop and implement a juvenile civil citation process as an alternate to custody of juveniles who commit non-serious delinquent acts. Requires a plan for implementation to be submitted to the Committee no later than July 1, 2016. Sets out other requirements of the Subcommittee, including establishing a pilot program and establishing a juvenile citation program in every county of North Carolina by July 1, 2020. Establishes reporting requirements, including requiring an interim report by the Committee to be submitted to the General Assembly and to specified committees, with a final report due by January 15, 2023, at which time the Committee terminates.
Amends GS 7B-1501(7), effective July 1, 2016, expanding the definition of a delinquent juvenile to include individuals less than 17 but at least 16 years of age who commit a misdemeanor or infraction under state law or other ordinances and regulations, or who commits indirect contempt by a juvenile.
Amends GS 7B-1501(7), effective July 1, 2021, expanding the definition of a delinquent juvenile, changing the age as amended above, to include individuals less than 18 but at least 16 years of age who commit a misdemeanor or infraction under state law or other ordinances and regulations, or who commit indirect contempt by a juvenile; excludes motor vehicle violations and offenses under Article 13A (the Street Gang Suppression Act) of GS Chapter 14.
Amends GS 7B-1501(11), effective July 1, 2020, making technical changes and requiring that a holdover facility meet the standards for the operation of local confinement facilities (was, standards for detention).
Amends GS 7B-1601 (Jurisdiction over delinquent juveniles), effective July 1, 2020, providing extensions of jurisdiction to the court over juveniles in specified situations and circumstances, including, but not limited to, a juvenile who is delinquent for an offense prior to the age of 16, the court will retain jurisdiction until the age of 18, or a juvenile alleged to be delinquent for an offense that would be a misdemeanor if an adult committed it, but it was committed by a juvenile who was at least 16, the court will retain jurisdiction until the age of 19.
Amends GS 7B-1601(b1) and GS 7B-1601(c1), effective July 1, 2021, amending the specified ages and extensions of jurisdictions for these new sections added above by one year.
Amends GS 7B-1604 (Limitations on juvenile court jurisdiction), providing that any juvenile who commits a criminal offense on or after reaching the age of 17 is subject to prosecution as an adult (was, after the 16th birthday). Further provides that any juvenile who has been previously convicted in either district or superior court for a felony will be prosecuted as an adult (previously only established that juveniles who were transferred to and convicted in superior court were to be prosecuted as an adult) for any offense committed on or after the conviction. Effective July 1, 2020. Amends GS 7B-1604(a), effective July 1, 2021, providing that the age of 17, as amended above, is changed to 18.
Amends GS 7B-1901(a), effective July 1, 2020, providing that a juvenile who is at least 16 years old and is taken into custody without a court order, pursuant to GS 7B-1900(1), can be released from custody in the discretion of the custody holder, without the presence of the juvenile's parent, guardian, or custodian.
Amends GS 7B-2506 (Dispositional alternatives for delinquent juveniles), effective July 1, 2020, providing specified age restrictions for the alternatives for delinquent juveniles, including, but not limited to, excusing a juvenile under the age of 16 from compliance with the compulsory school attendance law due to the availability of suitable alternatives. Deletes provision limiting participation in community-based substance abuse treatment or residential or nonresidential treatment programs to 12 months.
Amends GS 7B-2507 (Delinquency history levels), effective July 1, 2020, setting out the procedures and processes for calculating points assigned to a juvenile's prior adjudications or convictions, for use in the juvenile's record, including assigning two points for a prior conviction of a Class A1 misdemeanor. Makes conforming and clarifying changes.
Amends GS 7B-2513(a), effective July 1, 2020, setting out the age cutoffs for offenses which can require a juvenile to complete an indefinite term in a youth development center; for example, for an offense the juvenile committed prior to reaching the age of 16, the term will not exceed the 18th birthday of the juvenile if the juvenile was committed for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult. Provides in new (a2) that the term will not exceed the juvenile's 19th birthday when the juvenile was at least 16 at the time of the offense. Amends GS 7B-2513(a2), effective July 1, 2021, changing a specified age to at least 16 years of age but less than 17 (was, at least 16 years of age).
Amends GS 7B-2513(a3), effective July 1, 2021, establishing that for an offense the juvenile committed while the juvenile was at least 17 years of age, the term will not exceed the juvenile's 20th birthday (previously, this subsection was reserved and blank).
Amends GS 7B-2515(a), effective July 1, 2020, establishing that juveniles that are being considered for release before their 18th birthday, pursuant to this section, must be juveniles that were committed for an offense which occurred prior to reaching the age of 16.
Amends GS 7B-2603(b), effective July 1, 2020, requiring that a juvenile be detained pending release.
Amends the introductory language of GS 5A-31(a), effective July 1, 2020, providing the qualifying requirements for contempt by a juvenile, establishing that specified acts must be committed by a minor who is at least 6 but not yet 17 years of age (was, 16 years of age). Amends the introductory language of GS 5A-31(a), effective July 1, 2021, changing the age amended from 17 to 18 years of age.
Amends GS 5A-34(b), effective July 1, 2020, providing that the provision of Article 1 and 2 of GS 5A apply to acts or omissions by minors who are 17 years of age or older (was, 16 years of age or older). Amends the same provision, effective July 1, 2021, to remove the provision making it applicable to minors 17 or older.
Amends GS 143B-805(6), effective July 1, 2020, expanding the definition of a delinquent juvenile for the purposes of the Division of Juvenile Justice to include any juvenile, while less than 17 years of age but at least 16 years of age, who committed a misdemeanor or infraction under state law or other ordinances and regulations. Excludes motor vehicle violations and offenses under Article 13A (Street Gang Suppression Act) of GS Chapter 14. Amends GS 143B-805(6), effective July 1, 2021, changing the age in the definition from 17 years of age to 18.
Amends GS 143B-806(b), effective July 1, 2020, providing that the Secretary of the Division of Juvenile Justice has the power and duty to provide transportation to and from any state or local juvenile facility of any person under the jurisdiction of the juvenile court for any purpose required by GS Chapter 7B, or upon order of the court.
Amends GS 14-316.1 (Contributing to delinquency and neglect by parents and others), effective July 1, 2020, providing that any person who is at least 17 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected, is guilty of a Class 1 misdemeanor. Further amends GS 14-316.1, effective July 1, 2021, changing the age as provided and amended above from 17 years of age to 18.
Amends GS 7B-2200, changing subsection title to Transfer of jurisdiction of juvenile to superior court; transfer of jurisdiction to district criminal court, enacting a new subsection GS 7B-2200(b), which provides that after it has been established that a juvenile is a member of a street gang, the prosecutor, juvenile's attorney, or the court can make a motion to transfer jurisdiction from juvenile court to district criminal court if the juvenile has reached 16 years of age at the time of the alleged offense that would be a misdemeanor if committed by an adult, provided the alleged defense is related to membership in a street gang. Effective July 1, 2020.
Enacts new GS 7B-2203.1, Hearing to determine street gang membership, effective July 1, 2020, establishing provisions for hearings to determine street gang membership of a juvenile that is at least 16 years old at the time of the alleged offense, and to determine whether the alleged offense is related to the juvenile's gang membership. Sets out what can be considered in the hearing and provides that if by a preponderance of the evidence the juvenile is a street gang member and the alleged offense was related to gang membership, then the court must transfer the juvenile as provided in GS 7B-2200(b), detailed above.
Except as otherwise provided, this act is effective when it becomes law.
H 401 (2015-2016) AUTHORIZE DATA SHARING FOR NCLDS. Filed Mar 31 2015, AN ACT TO PROVIDE FOR THE SHARING OF DATA BY THE DIVISION OF EMPLOYMENT SECURITY AND DIVISION OF MOTOR VEHICLES WITH THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM AND THE NORTH CAROLINA P-20W STATEWIDE LONGITUDINAL DATA SYSTEM; TO CLARIFY THE USE OF DE-IDENTIFIED DATA; AND TO TRANSITION THE NORTH CAROLINA P-20W STATEWIDE LONGITUDINAL DATA SYSTEM TO THE NORTH CAROLINA LONGITUDINAL DATA SYSTEM UPON CONCLUSION OF THE FEDERAL GRANT FOR THE NORTH CAROLINA P-20W STATEWIDE LONGITUDINAL DATA SYSTEM.
Amends GS 20-70 to allow the Division of Motor Vehicles (DMV) to disclose Social Security numbers to the North Carolina Longitudinal Data System.
Specifies that the DMV may share a Social Security number with the North Carolina P-20W Statewide Longitudinal Data System for connecting education and workforce data.
Amends GS 96-4(x) to require the Division of Employment Security (Division) to provide record level unemployment compensation to the NC Longitudinal Data System for specified uses.
Also requires the Division to provide record level unemployment compensation information to the North Carolina P-20W Statewide Longitudinal Data System for specified purposes.
Amends GS 116E-1 by removing unique student identifiers from data that must be de-identified.
Amends GS 116E-5 to no longer require analysis and research to be conducted using only de-identified data. Requires the establishment of rules to ensure, in aggregate data, that confidentiality of individual student data is preserved.
Specifies ways in which the P-20W Council must regulate the use of data that is accessible through the North Carolina P-20W State Longitudinal Data System.
Amends GS 116E-6 to add that for the purposes of the statute, state agencies that provide data to the Educational Longitudinal Data System include but are not limited to those listed.
Requires local school administrative units, charter schools, community colleges, constituent institutions of the University of North Carolina, and state agencies to comply with the data requirements and implementation schedule for the North Carolina P‑20W Statewide Longitudinal Data System and transfer student data and workforce data to the North Carolina P‑20W Statewide Longitudinal Data System in accordance with the data security and safeguarding plan developed by the P‑20W Council.
Requires that upon the conclusion of the North Carolina P‑20W Statewide Longitudinal Data System grant provided by the United States Department of Education, the North Carolina P‑20W Statewide Longitudinal Data System will become the North Carolina Longitudinal Data System and be governed by the North Carolina Longitudinal Data System Board.
H 402 (2015-2016) STUDY MUNICIPAL ELECTIONS IN EVEN YEARS. Filed Mar 31 2015, AN ACT TO STUDY WHETHER MUNICIPAL ELECTIONS SHOULD BE HELD IN EVEN-NUMBERED YEARS.
Requires the Joint Legislative Elections Oversight Committee to study whether municipal elections should be held in even‑numbered years and requires a report to the 2016 Regular Session of the 2015 General Assembly.
| Intro. by Ford. | STUDY |
H 403 (2015-2016) POLE ATTACHMENT COMPENSATION. Filed Mar 31 2015, AN ACT TO CLARIFY THAT ELECTRIC MEMBERSHIP CORPORATIONS AND MUNICIPAL ELECTRIC PROVIDERS ARE EXEMPT FROM SECTION 224 OF THE COMMUNICATIONS ACT OF 1934 IN THE STATE'S REGULATION OF POLE ATTACHMENTS AND TO PROVIDE GUIDANCE IN RESOLVING DISPUTES REGARDING COMPENSATION FOR POLE ATTACHMENTS.
Identical to S 88 filed on 2/16/15.
Amends GS 62-350(a) to clarify that electric membership corporations and municipal electric providers which are exempt from regulation under section 224 of the Communications Act of 1934, as amended, must allow any communications service provider to use its poles, ducts, and conduits at reasonable and nondiscriminatory rates, terms, and conditions.
Amends GS 62-350(c) to provide that the meaning of the term "just and reasonable" is as determined in accordance with state law, as the term is used in providing guidance in resolving disputes regarding compensation for pole attachments.
Effective when the act becomes law and applies to any action filed on or after that date.
| Intro. by Stam, Lewis, Lucas, Presnell. | GS 62 |
H 404 (2015-2016) TREASURER MODERNIZATION ACT. Filed Mar 31 2015, AN ACT TO ENHANCE THE ACCOUNTABILITY OF THE STATE RETIREMENT SYSTEM'S INVESTMENT PROGRAMS BY PROVIDING FOR AUDITED FINANCIAL STATEMENTS AND OTHER MEASURES.
Enacts new GS 147-69.9 to require the State Treasurer to prepare and issue at of the end of each fiscal year a set of financial statements regarding the investment programs for the Retirement Systems. Requires the statements to be audited. Requires the audit firm's report and the financial statements to be provided to the General Assembly no later than six months after the close of the reporting period. Requires a discussion of the Retirement Systems' risk and returns compared to benchmarks, total management fees and incentives paid, and comparisons to peer cost benchmarks to be included along with the financial statements.
| Intro. by S. Ross. | GS 147 |
H 405 (2015-2016) PROPERTY PROTECTION ACT. Filed Mar 31 2015, AN ACT TO PROTECT PROPERTY OWNERS FROM DAMAGES RESULTING FROM INDIVIDUALS ACTING IN EXCESS OF THE SCOPE OF PERMISSIBLE ACCESS AND CONDUCT GRANTED TO THEM.
Identical to S 433, filed 3/25/15.
Enacts new GS 99A-2 making any person who gains access to the nonpublic area of another's premises and engages in an act that exceeds the person's authority to enter those areas liable to the owner or operator of the premises for any damages sustained. Lists examples of acts that exceed a person's authority to enter the nonpublic areas of another's premises, including an employee who, without authorization, creates or produces an image or sound occurring within an employer's premises and uses the recording to breach the person's duty of loyalty to the employer or conspire in organized retail theft. Assigns joint liability to any person who directs, assists, compensates, or induces another person to violate the statute. Allows a prevailing plaintiff to be awarded equitable relief, damages, costs and fees, including attorneys' fees, and $5,000 in exemplary damages per day that the defendant acted in violation of the statue. Exempts from the statute any governmental agency or law enforcement officer engaged in a lawful investigation of the premises or the owner or operator of the premises.
Effective January 1, 2016.
| Intro. by Szoka, Whitmire, Jordan, R. Moore. | GS 99A |
H 406 (2015-2016) MILITARY APPRECIATION MONTH. Filed Mar 31 2015, A JOINT RESOLUTION EXPRESSING GRATITUDE AND APPRECIATION TO THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES.
Identical to S 421, filed 3/24/15.
As title indicates.
| Intro. by Cleveland. | JOINT RES |
H 407 (2015-2016) HOUSING AUTHORITY TRANSFERS (NEW). Filed Mar 31 2015, AN ACT TO ALLOW MUNICIPALITIES TO TRANSFER THE POWERS, DUTIES, AND RESPONSIBILITIES OF A PUBLIC HOUSING AUTHORITY TO A REGIONAL COUNCIL OF GOVERNMENT.
Identical to S 423, filed 3/25/15.
Enacts new GS 131D-10.2A, Reasonable and prudent parenting standard (standard), providing that this standard is characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interests while encouraging the child's emotional and developmental growth. Requires every child care institution to designate an on-site official to apply the standard. Caregivers are required to use this standard in determining participation in extracurricular, enrichment, and social activities for foster children. Prohibits liability being placed on a caregiver or a county department of social services for an act or omission if actions and decisions were made in accordance with the standard. Provides that a caregiver exercising the standard has the authority to allow or prevent a child from participating in normal childhood activities, understood to include, but not limited to, extracurricular, cultural, enrichment, and social activities as well as overnight activities outside direct supervision of the caregiver for periods over 24 hours up to 72 hours. Provides protection from liability for caregivers in regards to injuries to the child occurring as a result of the authority of the above provisions unless the action or inaction of the caregiver that resulted in the injury is by willful or reckless misconduct.
Amends GS 7B-505(b) concerning juvenile placement while in nonsecure custody, providing that the court will order the Department of Social Services to make diligent efforts to notify relatives and custodial parents of the juvenile's siblings that the juvenile is in nonsecure custody, as well as notify them about any hearing schedule to occur pursuant to GS 7B-506, unless the court finds such action is contrary to the best interests of the child.
Amends GS 7B-800.1(a)(4) and GS 7B-901, both concerning hearings regarding the juvenile, requiring that required notifications or efforts to notify relatives of the juvenile be considered in regards to the hearings is also required for parents with custody of a sibling of the juvenile.
Enacts new GS 7B-903.1, Juvenile placed in custody of a county department of social services, authorizing a county department of social services to make decisions generally made by a juvenile's custodian for a juvenile in its custody, including educational decisions and consenting to the sharing of the juvenile's information. Authorizes the delegation of this authority to a juvenile's parent, foster parent, or another individual. Further authorizes a county department of social services with custody or placement responsibility to make decisions concerning normal childhood activities. Allows the court to set alternative parameters for approval of such activities if such authorization is not in the juvenile's best interest.
Enacts new GS 7B-912, Juveniles 14 years of age and older; Another Planned Permanent Living Arrangement, setting out the requirement that for juveniles in custody of county departments of social services who have reached the age of 14 at a permanency planning hearing, the court must inquire and make written findings in regards to (1) services provided to assist the juvenile in transitioning to adulthood, (2) any steps the county department of social services is taking to ensure the foster family or other placement provider is following the reasonable and prudent parent standard, and (3) whether the juvenile has regular opportunities to engage in age or developmentally appropriate activities.
Requires the court, at or before the last scheduled permanency hearing, but at least 90 days before a juvenile turns 18 years old, to inquire as to whether the juvenile has copies of the specified vital records and to determine which person or entity should assist in obtaining these documents before the age of 18.
Provides that the plan of Another Planned Permanent Living Arrangement (APPLA) is only available as a juvenile's permanent plan when the court finds that specified requirements are met, including, but not limited to, that the juvenile is 16 or 17 years old and that APPLA is the best permanency plan for the juvenile. If APPLA is the juvenile's permanent plan, then the court must question the juvenile and make written findings addressing the juvenile's desired permanency outcome.
Enacts new GS 58-36-43, Development of policy form or endorsement for personal liability insurance for foster parents, providing that the NC Rate Bureau must develop an optional policy form or endorsement to be filed with the Commissioner of Insurance for approval no later than May 1, 2016. The same is to provide liability insurance for foster parents licensed under GS Chapter 131D, Article 1A, to provide foster care in a family foster home or therapeutic foster home. Sets out what coverage the policy form or endorsement must provide. Provides that such liability insurance is not required to cover acts or omissions of a foster parent when such are not in compliance with written instructions received from the placing agency or Department of Health and Human Services (DHHS).
Enacts new GS 58-37-35(g) concerning the North Carolina Motor Vehicle Reinsurance Facility (Facility) providing that with the approval of the Commissioner of Insurance, the Facility will establish a form of nonfleet private passenger motor vehicle liability insurance providing named nonowner coverage for a foster child in state custody. Sets out requirements that the policy must meet, including that the policy only applies to one child and that the policy is portable if the foster child's placement for foster care changes, as long as the placement is in North Carolina. Enacts new GS 48A-4, Certain minors competent to contract, providing that a minor who is 16 or older and who is in legal custody of DHHS is qualified and competent to contract for the purchase of an automobile insurance policy with the consent of the court with continuing jurisdiction over the minor's placement. Sets out certain limitations and requirements for the policy. Amends GS 20-11(i) concerning application for a limited learner's permit and provisional driver's license providing that for minors in the legal custody of the DHHS, a guardian ad litem or attorney advocate, a case manager or other type of case worker, or the court with continuing jurisdiction over the minor's placement can sign the application. Enacts new GS 20-309(a2) providing that the owner of a motor vehicle who is a foster parent providing foster care to a person between the ages of 16 and 21 does not violate the requirements of the article by allowing the motor vehicle to be operated by the person if the person is covered by a nonowner motor vehicle insurance policy issued by the Facility. Effective October 1, 2015.
Directs DHHS to design and draft, but not submit, a 1915(c) Medicaid waiver to serve children with Serious Emotional Disturbance (SED) in home and community-based settings. Allows DHHS to submit drafts of the waiver to the Centers for Medicare and Medicaid Services (CMS) to solicit feedback but not submit the waiver for CMS approval until authorized by the General Assembly. Directs DHHS to report the waiver, other findings, and any other options or recommendations to best serve children with SED to the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2015. Sets out what the report should contain, including an in-depth analysis of the cost per slot.
H 408 (2015-2016) ADOPTION/POST-ADOPTION SERVICES STUDY COMM. Filed Mar 31 2015, AN ACT TO ESTABLISH THE JOINT LEGISLATIVE STUDY COMMITTEE ON ADOPTION/POST-ADOPTION SERVICES.
Creates the 14-member Joint Legislative Study Committee on Adoption/Post-Adoption Services (Committee) to study the provision of adoption and post-adoption services, including 11 specified issues. Specifies Committee membership, filling of vacancies, appointment of cochairs, use of professional staff, and member expenses. Requires the Committee to report to the 2016 Regular Session of the 2015 General Assembly, at which time the Committee terminates.
| Intro. by Stevens. | STUDY |
H 409 (2015-2016) DESIGNATE OFFICIAL FALL FESTIVAL. Filed Mar 31 2015, AN ACT ADOPTING THE AUTUMN LEAVES FESTIVAL AS THE OFFICIAL FALL FESTIVAL OF THE STATE OF NORTH CAROLINA.
Enacts new GS 145-48, as the title indicates.
| Intro. by Stevens. | GS 145 |
H 410 (2015-2016) OCC. LIC./REFRIGERATION EXAM. BOARD CHANGES. Filed Mar 31 2015, AN ACT TO CHANGE THE NAME OF THE STATE BOARD OF REFRIGERATION EXAMINERS TO THE STATE BOARD OF COMMERCIAL REFRIGERATION EXAMINERS AND TO MAKE CHANGES TO THE MAKEUP THE OF BOARD AND TO CREATE NEW LICENSE CLASSIFICATIONS AND CIVIL PENALTIES TO BE ADMINISTERED BY THE BOARD.
Amends Article 5 of GS Chapter 87 as follows. Renames the Article as Commercial Refrigeration Contracts. Renames the State Board of Refrigeration Examiners as the State Board of Commercial Refrigeration Examiners (Board) and modifies the Board's membership.
Defines the terms commercial refrigeration contractor, industrial refrigeration contractor, and transport refrigeration contractor. Requires the Board to issue the following licenses: (1) a Class I license for any person engaged in the business of commercial refrigeration contracting; (2) a Class II license for any person engaged in the business of industrial refrigeration contracting; (3) a Class III license for any person engaged in the business of repair, maintenance, and servicing of commercial equipment; and (4) a Class IV license for any person engaged in the business of transport refrigeration contracting. Requires issuance of a license to any licensee whose business activities required a Class I or II license if that licensee had an established place of business and was licensed before January 1, 2016.
Increases the caps on the application, renewal, and reinstatement fees.
Makes clarifying and organizational changes.
Applies to applications submitted and Board membership appointments on or after January 1, 2016.
| Intro. by Stevens. | GS 87 |
H 413 (2015-2016) EXPAND GRANDPARENT VISITATION RIGHTS. Filed Mar 31 2015, AN ACT TO PROVIDE FOR AN EXPANSION OF RIGHTS UNDER EXISTING LAW PERTAINING TO GRANDPARENT VISITATION.
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 five factors for consideration the court can consider when determining if visitation is in the best interest of a child.
Effective October 1, 2015, applying to actions for visitation rights commenced on or after that date.
| Intro. by Waddell, Iler, Horn, Presnell. | GS 50 |
H 414 (2015-2016) GREENSBORO WOMEN'S RESOURCE CENTER/FUNDS. Filed Mar 31 2015, AN ACT TO APPROPRIATE FUNDS TO THE WOMEN'S RESOURCE CENTER OF GREENSBORO, INC.
Appropriates $60,000 for 2015-16 from the General Fund to the Women's Resource Center of Greensboro, Inc., to assist the organization in operating its programs that help women.
Effective July 1, 2015.
H 416 (2015-2016) SAMPSON COUNTY HISTORY MUSEUM FUNDS. Filed Mar 31 2015, AN ACT TO APPROPRIATE FUNDS TO THE SAMPSON COUNTY HISTORY MUSEUM.
Appropriates $25,000 for 2015-16 from the General Fund to Sampson County History Museum, Inc., to maintain the facilities, expand the collections, and promote the Museum to attract additional visitors.
Effective July 1, 2015.
H 417 (2015-2016) MENTAL HEALTH WORKERS' BILL OF RIGHTS. Filed Mar 31 2015, AN ACT TO ENACT THE MENTAL HEALTH WORKERS' BILL OF RIGHTS.
Enacts new Article 8, the Mental Health Workers' Bill of Rights, to GS Chapter 122C to provide basic rights and standards to mental health workers. Enumerates eight elements for inclusion in the bill of rights for mental health workers, including the right to a safe workplace, the right to family-supporting wages, and the right to a grievance procedure.
| Intro. by L. Bell. | GS 122C |
H 418 (2015-2016) DISPLACED RESIDENTIAL LAND TAX DEFERRAL. Filed Mar 31 2015, AN ACT TO CREATE A PROPERTY TAX DEFERRAL PROGRAM FOR PERMANENT RESIDENCES THAT ARE SUBSEQUENTLY REZONED FOR NONRESIDENTIAL USES.
Enacts new GS 105-277.15B. Designates displaced residential land as a special class of property and sets out provision for the appraisal, assessment, and tax of such property. Requires property to meet the following to qualify as displaced residential land: (1) the dwelling site was not zoned for a particular use or was zoned for residential use; (2) prior to the time the dwelling site was zoned or during the time the dwelling site was zoned for residential use, a permanent residence was constructed on the dwelling site; (3) the dwelling site was zoned after construction of the permanent residence for a use other than residential use; and (4) the owner of the dwelling site was the owner at the time of the zoning for a use other than residential use. Allows an owner to defer a portion of the tax imposed on displaced residential land. Sets out occurrences that are disqualifying events, at which time the deferred taxes are due.
Effective for taxes imposed for taxable years beginning on or after July 1, 2015.
| Intro. by Millis, Jeter, Collins. | GS 105 |
H 419 (2015-2016) PROTECT OFFICERS FROM RETALIATION. Filed Mar 31 2015, AN ACT TO PROTECT MUNICIPAL LAW ENFORCEMENT OFFICERS WHO REPORT IMPROPER OR UNLAWFUL GOVERNMENT ACTIVITY FROM RETALIATION.
Enacts new GS 160A-290, protection from retaliation for municipal law enforcement officers, as the title indicates.
Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a law enforcement officer regarding the officer's compensation, terms, conditions, location, or privileges of employment because the officer or a person acting on behalf of the officer reports or is about to report verbally or in writing any described activity unless the officer knows or has reason to believe that the report is inaccurate. Prohibits a law enforcement officer from retaliating against another law enforcement officer because the officer or a person acting on behalf of the officer reports or is about to report verbally or in writing any described activity. Prohibits an employing agency from discharging, threatening, or otherwise discriminating against a county law enforcement officer regarding the officer's compensation, terms, conditions, location, or privileges of employment because the officer has refused to carry out a directive which in fact constitutes a violation of state or federal law, rule, or regulation or poses a substantial and specific danger to the public health and safety. Prohibits a law enforcement officer shall retaliate against another law enforcement officer because the officer has refused to carry out a directive which may constitute a violation of State or federal law, rule, or regulation or pose a substantial and specific danger to the public health and safety.
Each section respectively provides a statement of policy, permits civil actions for injunctive relief or other remedies, allows a court to order remedies in rendering a judgment in an action under this section, and requires the employing agency to provide notice of protections and obligations for employees under this section.
Effective October 1, 2015, and applies to acts incurring liability on or after that date.
| Intro. by Conrad, Avila, Dollar, Cotham. | GS 160A |
H 420 (2015-2016) STUDENTS W/DYSLEXIA AND DYSCALCULIA. Filed Mar 31 2015, AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION AND LOCAL BOARDS OF EDUCATION TO IMPLEMENT A SCREENING PROGRAM TO IDENTIFY STUDENTS WITH DYSLEXIA AND DYSCALCULIA.
Adds new GS Article 9D, Students with Dyslexia and Dyscalculia, to GS Chapter 115C.
Requires the State Board of Education (State Board) and local boards of education (local boards) to implement a screening process, assessment, and intervention strategies for students with learning disabilities.
Requires the State Board to provide local boards with materials and screening instruments to identify students exhibiting potential indicators of dyslexia and dyscalculia. Requires each local board to (1) annually give parents informational materials related to dyslexia and dyscalculia and (2) ensure implementation of age‑appropriate screening instruments for the early identification of students with dyslexia and dyscalculia. Requires screening of every kindergarten for dyslexia and dyscalculia and requires screening of any student enrolled in first through sixth grade who has not already been screened. Requires administering an assessment to students exhibiting potential indicators of dyslexia, dyscalculia, or other specific learning disabilities. Requires that a student identified as having dyslexia, dyscalculia, or other specific learning disabilities be given appropriate intervention strategies through the student's individualized education program.
Requires local school administrative units to train employees to administer the screening instruments, and requires ongoing professional development opportunities on the identification of and intervention strategies for students with dyslexia, dyscalculia, and other specific learning disabilities.
Makes conforming changes to GS 115C-12 and GS 115C-296.
| Intro. by Conrad, Lambeth. | GS 115C |
H 422 (2015-2016) AMEND FUNERAL PROCESSION LAW. Filed Mar 31 2015, AN ACT TO ALLOW FUNERAL PROCESSIONS TO HAVE THE RIGHT-OF-WAY AT INTERSECTIONS REGARDLESS OF TRAFFIC CONTROL SIGNS OR SIGNALS AND TO PROVIDE IMMUNITY TO THE FUNERAL DIRECTOR OR FUNERAL ESTABLISHMENT FOR ANY DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE CAUSED BY THE ACTION OR INACTION OF A PERSON OPERATING A VEHICLE IN A FUNERAL PROCESSION.
Amends GS 20-157.1 to add definitions of funeral director and funeral establishment. Also amend the definition of funeral procession to reference a funeral establishment instead of funeral home.
Provides that when the lead vehicle in a funeral procession has lawfully progressed across an intersection, all vehicles in the procession may proceed through the intersection without stopping (removes requirement that progression be in accordance with the traffic control sign or signal).
Gives a funeral procession the right of way at intersections regardless of traffic control signs or signals, except that the operator of any vehicle in a procession must yield the right of way to emergency vehicles giving appropriate warning, and must yield the right of way when directed to do so by a law enforcement officer.
Provides that a funeral director, funeral establishment, or any of their employees or agents are not liable for any death, personal injury, or property damage resulting from, caused by, or arising from any action or inaction of an operator of a vehicle in a funeral procession if (i) the funeral procession was operating in accordance with the provisions of this section or (ii) the funeral procession would have been operating in accordance with the provisions of this section but for a negligent act or omission in the operation of one or more vehicles in the funeral procession. Specifies instances when a vehicle operator is deemed to be an agent of the funeral director or establishment.
Effective December 1, 2015, applying to offenses committed on or after that date and to death, personal injury, or property damage occurring on or after that date.
| Intro. by Alexander, Boles. | GS 20 |
H 423 (2015-2016) INCREASE CONTRIBUTORY DEATH BENEFIT. Filed Mar 31 2015, AN ACT TO INCREASE THE CONTRIBUTORY DEATH BENEFIT PAYABLE ON BEHALF OF RETIRED MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM.
Amends GS 135-5(l), concerning the death benefit plan for the Teacher and State Employee Retirement System; GS 128-27, concerning the death benefit plan for the Local Government Employee Retirement System; GS 120-4.27, concerning the death benefit plan for the Legislative Retirement System; and GS 135-64, concerning the death benefit plan for the Consolidated Judicial Retirement System to set the amount of the death benefit for member deaths occurring on or after July 1, 2015, at $12,000 upon completion of 24 months of contributions.
H 424 (2015-2016) PROHIBIT UNLAWFUL CUSTODY TRANSFER OF CHILD (NEW). Filed Mar 31 2015, AN ACT TO PROHIBIT THE UNLAWFUL TRANSFER OF CUSTODY OF A MINOR CHILD AND TO MAKE CONFORMING STATUTORY CHANGES.
Substantively identical to S 424, as filed on 3/25/15.
Includes various whereas clauses concerning the value of educational attainment.
Amends GS 108A-48, concerning the State Foster Care Benefits Program (Program), deleting all the provisions in subsection (b) concerning limiting benefits to individuals younger than 18 years old except in the specified circumstances. Provides new language which allows the Department of Health and Human Services (DHHS) to continue to provide benefits under the Program to an individual who has attained the age of 18 and has chosen to continue to receive foster care services to 19 years of age if they are (1) completing secondary education or equivalent, (2) enrolled in an institution that provides postsecondary or vocational education, (3) are participating in a program or activity designed to promote or remove barriers to employment, (4) employed for at least 80 hours per month, or (5) are incapable of completing the educational or employment requirements of this subsection due to a medical condition or disability.
Amends GS 108A-49.1 and 131D-10.2, concerning foster care, making conforming changes reflecting the above changes.
Enacts new GS 131D-10.2A, Foster care through 19 years of age, providing that children can receive foster care services until the age of 19 whether or not they have continued in foster care after the age of 18 or left prior to reaching age 19 as provided by law or after meeting specified requirements.
Amends GS 131D-10.5, concerning the powers and duties of the Social Services Commission, adding the duty to adopt rules necessary for the expansion of foster care for individuals that are 18 years old and have chosen to continue receiving foster care services until 19 years old, pursuant to GS 131D-10.2A.
Directs the DHHS Division of Social Services (Division) to develop a plan for the expansion of foster care services for individuals 18 years old that opt to continue receiving such services until the age of 19. Requires the Division to report on the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than October 1, 2015. A report regarding the implementation of the plan is to be made to the same parties no later than November 1, 2016.
Requires DHHS, no later than 60 days after the implementation of the plan, to submit a state plan amendment to the US Department of Health and Human Services Administration for Children and Families to make federal payments for foster care and adoption assistance under Title IV-E.
Directs the Division of Social Services to design the Guardianship Assistance Program (GAP) as specified. Provides that the GAP will reimburse legal guardians for room and board and will be set at the same rate for foster care room and board reimbursement rates. Directs the Social Services Board to adopt rules to establish the GAP.
Appropriates from the General Fund to DHHS $56,042 for fiscal year 2015-16 in order to develop the plan for expansion of foster care services. Effective October 1, 2015.
Appropriates from the General Fund to DHHS $1,328,499 for the 2016-17 fiscal year to implement the plan for the expansion of foster care services. Effective July 1, 2016.
Unless otherwise noted above, act becomes effective August 1, 2016.
| Intro. by Stevens. |
H 425 (2015-2016) SOUTH CALDWELL HIGH SCHOOL SPECIAL PLATE. Filed Mar 31 2015, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE A SPECIAL REGISTRATION PLATE FOR THE SOUTH CALDWELL HIGH SCHOOL BAND BOOSTERS.
Enacts new GS 20-79.4(b) as title indicates. Plate issuance is contingent on the receipt of at least 300 plate applications. Establishes a special plate fee of $30 and requires that $20 of that amount be transferred quarterly to the South Caldwell Band Boosters Inc. to support the operating expenses of the South Caldwell High School Marching Band. Effective July 1, 2015.
Requires the Division of Motor Vehicles to accept through April 15, 2015, Special Registration Plate Development Applications for the development of the South Caldwell High School Band Boosters special registration plate.
| Intro. by | GS 20 |
H 428 (2015-2016) PERMANENT PLATES/CHARTER SCHOOLS. Filed Mar 31 2015, AN ACT TO REPEAL THE SUNSET ON THE LAW AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO ISSUE PERMANENT REGISTRATION PLATES TO CHARTER SCHOOLS.
Identical to S 438, filed 3/25/15.
As title indicates.
| Intro. by Riddell, Jones, Conrad, Hardister. | UNCODIFIED |
H 429 (2015-2016) AMEND MED. MAL. HEALTH CARE PROVIDER DEFIN. Filed Mar 31 2015, AN ACT TO AMEND THE DEFINITION OF HEALTH CARE PROVIDER IN ARTICLE 1B OF CHAPTER 90 OF THE NORTH CAROLINA GENERAL STATUTES TO INCLUDE EMERGENCY MEDICAL SERVICES PERSONNEL.
As the title indicates. Effective October 1, 2015.
| Intro. by Riddell. | GS 90 |
H 430 (2015-2016) COUNTY OMNIBUS LEGISLATION. Filed Mar 31 2015, AN ACT REESTABLISHING THE STATE PAYMENT IN LIEU OF TAXES STUDY COMMISSION; DIRECTING THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY ISSUES RELATING TO STATEWIDE APPROACHES TO CONTROL INVASIVE AQUATIC NOXIOUS WEEDS IN THE STATE'S WATERS; DIRECTING THE REVENUE LAWS COMMITTEE TO STUDY ISSUES RELATING TO THE FINANCIAL IMPACTS ON LOCAL GOVERNMENTS OF EXEMPTING PREVIOUSLY TAXABLE PROPERTIES FROM THE PROPERTY TAX BASE WHEN ACQUIRED BY NONPROFITS; AND CLARIFYING THE AUTHORITY OF COUNTIES TO ESTABLISH RESIDENTIAL RECYCLABLE MATERIALS COLLECTION PROGRAMS.
Identical to S 422, filed 3/25/15.
Establishes the 13-member State Payment in Lieu of Taxes Study Commission (Commission). Membership includes three House members and three members of the public (based on recommendation from the NC Association of County Commissioners and the NC League of Municipalities) appointed by the Speaker of the House, three Senate members and three members of the public (based on recommendation from the NC Association of County Commissioners and the NC League of Municipalities) appointed by the President Pro Tempore of the Senate, and the Secretary of Revenue. Provides for designating a cochair, filling vacancies, securing meeting space, assigning professional staff, and exercising powers. Requires the Commission to study issues relating to the development of a state payment in lieu of taxes for state properties. Allows the Commission to submit an interim report on the results of its study to the members of the Senate and the House of Representatives at any time by filing a copy of the report with specified offices. Requires the Commission to submit a final report on the results of its study to the members of the Senate and the House of Representatives, before the 2017 General Assembly convenes, by filing a copy of the report with the specified offices. Terminates the Committee upon the earlier of the convening of the 2017 General Assembly or upon the filing of the Committee's final report.
Requires the Environmental Review Commission (ERC) to study issues relating to statewide approaches to control invasive aquatic noxious weeds in the state's waters, including necessary funding. Requires the ERC to report its findings and recommendations to the 2016 Regular Session of the 2015 General Assembly.
Requires the Revenue Laws Study Committee (Committee) to study issues relating to the financial impacts on local governments of exempting previously taxable properties from the property tax base when the property is acquired by nonprofits. Requires a report on the Committee's findings and recommendation to the 2016 Regular Session of the 2015 General Assembly.
Amends GS 153A-292 to allow a board of county commissioners to establish, by ordinance, a program for collecting residential recyclable materials. Also allows imposing a fee for the program, sets limitations on that fee, and provides parameters for setting and imposing the fee. Allows a county to operate a residential recycling collection program within a city's corporate limits upon the adoption of a resolution by the city's governing board.
H 432 (2015-2016) COUNTIES/INTERNET INFRASTRUCTURE. Filed Mar 31 2015, AN ACT AUTHORIZING COUNTIES TO PROVIDE HIGH-SPEED INTERNET ACCESS SERVICE AS A PUBLIC ENTERPRISE.
Amends GS 153A-274 to add to the definition of public enterprise, high speed internet access service.
Enacts new GS 153A-275.1, allowing a county to provide infrastructure including conduit, fiber‑optic cable, and fiber‑optic wire for the purpose of expanding high‑speed Internet access service in unserved areas of the county to promote and encourage economic development in the county. Allows the the county to lease the infrastructure to unaffiliated, qualified private providers of high‑speed Internet access service. Lists provisions governing lease contracts. Requires using only unrestricted general fund revenue to provide the infrastructure. Specifies that the statute does not permit a county to provide Internet service.
| Intro. by Dobson, Setzer, Jones, Holloway. | GS 153A |
H 434 (2015-2016) HANDICAP PLACARD/MED. RECERTIFICATION. Filed Mar 31 2015, AN ACT TO PROVIDE THAT MEDICAL RECERTIFICATION IS NOT REQUIRED FOR RENEWALS OF REMOVABLE WINDSHIELD HANDICAPPED PLACARDS IF THE PERSON IS CERTIFIED AS TOTALLY AND PERMANENTLY DISABLED.
Amends GS 20-37.6 as the title indicates. Effective July 1, 2015.
Requires the Division of Motor Vehicles to develop or update the appropriate forms and procedures needed to implement the act.
| Intro. by S. Martin, Torbett, Lucas. | GS 20 |
H 436 (2015-2016) UNAUTHORIZED PRACTICE OF LAW CHANGES. Filed Mar 31 2015, AN ACT TO FURTHER DEFINE THE TERM "PRACTICE LAW" FOR THE PURPOSE OF PROTECTING MEMBERS OF THE PUBLIC FROM HARM RESULTING FROM THE UNAUTHORIZED PRACTICE OF LAW BY A PERSON WHO IS NOT A TRAINED AND LICENSED ATTORNEY.
Substantively identical to S 353, filed 3/19/15.
As the title indicates. Amends GS 84-2.1(b), adding to the actions and activities not encompassed in the phrase "practice law." Adds that the practice of law does not include the production, distribution, or sales of materials if the 11 specified conditions are satisfied, including: the production of the materials occurred entirely before any contact between the provider and the consumer; during and after initial contact between the provider and the consumer, the provider's participation in creating or completing any materials is limited to typing, writing, or reproducing exactly the information provided by the consumer or deleting content that is visible to the consumer at the instruction of the consumer; the provider does not provide any individualized legal advice to or exercise any legal judgment for the consumer; and the provider clearly and conspicuously communicates to the consumer that the materials are not a substitute for the advice or services of an attorney.
Amends GS 84-37, adding new subsection (a1) to establish a process of review by the state Attorney General to be undertaken before there is a cease and desist demand issued or the bringing of an action to prevent or prohibit the unauthorized practice of law. Makes conforming changes.
| Intro. by Daughtry, Bryan, Davis. | GS 84 |
H 437 (2015-2016) CREATE PERMIT EXEMPTIONS/HOME RENAL PRODUCTS. Filed Mar 31 2015, AN ACT AMENDING THE PHARMACY PRACTICE ACT TO CREATE A PHARMACY PERMIT EXEMPTION AND A DEVICE AND MEDICAL EQUIPMENT PERMIT EXEMPTION FOR THE DISPENSING AND DELIVERY OF HOME RENAL PRODUCTS AND TO ALLOW FOR DIALYSIS FACILITIES TO BE DESIGNATED AS AGENTS TO RECEIVE HOME MEDICATIONS FOR PATIENTS WITH RENAL FAILURE.
Identical to S 557 filed on 3/26/15.
Creates a new GS 90-85.21C and amends GS 90-85.22 to create a pharmacy permit exemption as title indicates for dialysate or drugs necessary to perform home renal dialysis. Sets out specific criteria required to obtain the exemption. Effective October 1, 2015.
| Intro. by Dobson. | GS 90 |
H 438 (2015-2016) MODIFY UTILITY ACCOUNT. Filed Mar 31 2015, AN ACT TO MODIFY THE USES OF FUNDS FROM THE UTILITY ACCOUNT.
Amends GS 143B-437.01 to allow the funds from the Industrial Development Fund Utility Account to also be used by city and county governments for work based experience programs, and allows up to $5000 of the money from the Fund to be used for applied technology equipment and renovations of school property for work based experience programs. Adds and defines the term work based experience programs as high school educational programs in which high school students take classes that are developed in collaboration with and use equipment provided by eligible industries, and for which the students receive an associate degree in a field related to the eligible industry when they graduate from high school.
| Intro. by S. Martin, Conrad, Presnell, Johnson. | GS 143B |
H 439 (2015-2016) COMPETENCY-BASED ASSESSMENTS. Filed Mar 31 2015, AN ACT TO ESTABLISH THE INTENT OF THE GENERAL ASSEMBLY TO TRANSITION TO UTILIZING COMPETENCY-BASED LEARNING ASSESSMENTS FOR ALL ELEMENTARY AND SECONDARY STUDENTS IN NORTH CAROLINA.
Identical to S 530, filed 3/26/15.
As title indicates.
| Intro. by S. Martin, Horn, Bryan. | UNCODIFIED |
H 440 (2015-2016) EXPAND OUTDOOR FOOD SERVICE AT PUBLIC EVENTS. Filed Mar 31 2015, AN ACT AUTHORIZING A VARIANCE FROM RULES GOVERNING THE SANITATION OF PUSHCARTS AND MOBILE FOOD UNITS IN ORDER TO EXPAND PORTABLE, OUTDOOR FOOD PREPARATION WITHOUT ENCLOSURE FOR FOOD SERVICE TO THE PUBLIC.
Identical to S 363, filed on 3/23/15.
Amends GS 130-248 as the title indicates.
| Intro. by Setzer. | GS 130 |
H 441 (2015-2016) CONCEALED CARRY/LEGISLATIVE BUILDING. Filed Mar 31 2015, AN ACT TO PROVIDE THAT A LEGISLATOR OR A LEGISLATIVE EMPLOYEE WHO HAS A VALID CONCEALED HANDGUN PERMIT MAY CARRY A HANDGUN ON THE PREMISES OF THE STATE LEGISLATIVE BUILDINGS AND GROUNDS.
Amends GS 120-32.1 and GS 14-415.11 as the title indicates.
H 443 (2015-2016) NONDISCRIMINATION IN PUBLIC EMPLOYMENT. Filed Mar 31 2015, AN ACT AMENDING THE STATE HUMAN RESOURCES ACT TO INCLUDE SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION TO THE LIST OF CLASSIFICATIONS COVERED BY THE STATE'S EQUAL EMPLOYMENT OPPORTUNITY LAW AND REQUIRING LOCAL BOARDS OF EDUCATION TO ADOPT POLICIES FOR NONDISCRIMINATION IN EMPLOYMENT, INCLUDING SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION AMONG THE COVERED CLASSIFICATIONS.
Identical to S 612, filed 3/26/15.
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.
H 445 (2015-2016) REORGANIZE CRIM. JUST. STANDARDS COMM. Filed Mar 31 2015, AN ACT TO MODIFY THE SELECTION PROCESS FOR MEMBERS OF THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION.
Amends GS 17C-3 to require change the membership of the North Carolina Criminal Justice Education and Training Standards Commission to require that: two police officials be appointed by the North Carolina Police Executives; one full‑time law enforcement officer be certified by the Commission as selected by the North Carolina Law‑Enforcement Officers' Association; one full‑time law enforcement officer be certified by the Commission as selected by the State Lodge of the Fraternal Order of Police; and one full‑time law enforcement officer certified by the Commission as selected by the North Carolina Police Benevolent Association. Requires the initial term of office for the members selected by the State Lodge of the Fraternal Order of Police and the North Carolina Police Benevolent Association begin on July 1, 2015, and shall expire on June 30, 2018, with subsequent appointees to these slots appointed for a term of three years.
| Intro. by Jordan, Pendleton, Stam, Glazier. | GS 17C |
H 446 (2015-2016) AMEND STATUTES GOVERNING BAIL BONDSMEN. Filed Mar 31 2015, AN ACT TO AMEND THE STATUTES GOVERNING BAIL BONDSMEN TO INCREASE THE AGE OF QUALIFICATION FOR LICENSURE AS A BAIL BONDSMAN OR RUNNER, TO LENGTHEN THE TIME LIMIT FOR THE RETURN OF SECURITY TO INCLUDE THE TIME PERIOD IN WHICH AN APPEAL FROM DISTRICT COURT MAY BE FILED, TO REQUIRE THE COMMISSIONER OF INSURANCE TO RETURN THE AMOUNT OF A BONDSMAN'S SECURITY DEPOSIT ABOVE OUTSTANDING BOND LIABILITY IN EVENT THE BONDSMAN IS KILLED OR CEASES WRITING BONDS, AND TO ALLOW A BONDSMAN TO HAVE ACCESS TO THE ADMINISTRATIVE OFFICE OF THE COURTS' CIVIL INFORMATION SYSTEMS.
As title indicates. Also requires the the Administrative Office of the Courts (AOC) to use available funds to modify its VCAP and NCAWARE systems in order to permit the access to bondsmen. Requires AOC to report to the Joint Oversight Committee on Justice and Public Safety no later than October 1, 2015, and every six months thereafter regarding its progress in implementing the section, until it has certified to the Committee that the information system changes necessary to implement this act have been completed.
| Intro. by Jordan, Wray, Turner, Schaffer. | GS 58 |
H 447 (2015-2016) DROPOUT PREV. & RECOVERY PILOT EXPANSION. Filed Mar 31 2015, AN ACT TO EXPAND THE DROPOUT PREVENTION AND RECOVERY PILOT PROGRAM.
Expands the current Dropout Prevention and Recovery Pilot Program (Program) created in SL 2014-104 by requiring the State Board of Education (SBE) to select one charter school in 2014 and one in 2015, both meeting specified criteria, to participate in the Program (previously, only one charter school was to be selected for the Program).
Makes conforming changes.
Provides that for charter schools participating in the Program, the allotments and adjustments are to be as provided in GS 115C-238.29H or GS 115C-218.105 and requires that they be adjusted on the last school day in February.
Provides that the application deadline for approved charter schools to apply to participate in the Program beginning in the 2015-16 school year is July 1, 2015, with the SBE required to select the participant by August 1, 2015.
| Intro. by Stam, Bumgardner. | UNCODIFIED |
H 448 (2015-2016) EXTEND COAL ASH STRUCTURAL FILL MORATORIUM. Filed Mar 31 2015, AN ACT TO EXTEND BY ONE YEAR THE PROHIBITION ON USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL.
As the title indicates.
| Intro. by Harrison, Glazier. |
H 449 (2015-2016) STRENGTHEN LAW ENFORCEMENT ACCESS/DV CRIMES. Filed Mar 31 2015, AN ACT TO STRENGTHEN HABITUAL DOMESTIC VIOLENCE OFFENSES AND INCREASE LAW ENFORCEMENT ACCESS TO INFORMATION TO IMPROVE THEIR ABILITY TO PROTECT COMMUNITIES, SPECIFICALLY AS RELATED TO CRIMES OF DOMESTIC VIOLENCE.
Amends GS 14-33.2 to provide that a person commits habitual misdemeanor assault if they violate any of the provisions of GS 14-33, whether or not they cause physical injury, or GS 14-34, and they have one (was, two) or more prior convictions for misdemeanor or felony assault, no longer requiring that the earlier of the two priors have occurred no more than 15 years before the date of the current violation.
Amends GS 15A-534.1 to also make the statute applicable to defendants charged with cyberstalking. Add the requirement that the magistrate, after the judge has set conditions of pretrial release pursuant to any crime of domestic violence, enter the defendant's original pretrial release conditions into the North Carolina Warrant Repository.
Amends GS 50B-4.1 to make it a Class H felony to violate a valid protective order while having previous convictions for one or more (was, two) offenses under GS Chapter 50B.
Applies to offenses committed on or after December 1, 2015.
H 450 (2015-2016) APPROPRIATE FUNDS FOR TOBACCO USE PREVENTION. Filed Mar 31 2015, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC HEALTH, FOR TOBACCO USE PREVENTION.
Identical to S 662, filed 3/26/15.
Appropriates $7 million for 2015-16 and $7 million for 2016-17 from the General Fund to the Department of Health and Human Services, Division of Public Health, Chronic Disease and Injury Section. Requires the funds to be allocated during each fiscal year of the biennium to the Tobacco Prevention and Control Branch to be used as specified in the act for 10 regional teen tobacco use prevention programs, youth leadership and involvement training and assistance, a tobacco-free campus initiative, a smoke-free multi-unit housing initiative to protect children from second-hand smoke, prenatal and neonatal outreach, education and training, and tobacco use prevention program evaluation. Effective July 1, 2015.
| Intro. by Lambeth, Pendleton, Meyer. | APPROP |
H 451 (2015-2016) LRC/STUDY SUICIDE PREVENTION. Filed Mar 31 2015, AN ACT DIRECTING THE LEGISLATIVE RESEARCH COMMISSION TO EXAMINE WAYS TO PREVENT SUICIDE AMONG MINORS, VETERANS, AND EMERGENCY RESPONDERS IN NORTH CAROLINA.
Requires the Legislative Research Commission (LRC) to study the role of health care providers and other key gatekeepers in suicide prevention, particularly among individuals under age 25, firefighters, law enforcement officers, emergency medical services personnel, and veterans. Specifies seven issues that must be included in the study. Allows the LRC to make an interim report to the 2015 General Assembly when it reconvenes in 2016 and requires a final report to the 2017 General Assembly.
| Intro. by Cunningham, Horn, Earle, Whitmire. | STUDY |
H 452 (2015-2016) MECKLENBURG AND WAKE LIBRARY FUNDING. Filed Mar 31 2015, AN ACT TO APPROPRIATE FUNDS TO THE CHARLOTTE MECKLENBURG AND WAKE COUNTY PUBLIC LIBRARIES.
Appropriates $150,000 for 2015-16 from the General Fund to Mecklenburg County for operating expenses of the Charlotte Mecklenburg Library.
Appropriates $134,000 for 2015-16 from the General Fund to Wake County for operating expenses of the Wake County Public Libraries.
Effective July 1, 2015.
| Intro. by Carney, Malone, Holley, Jeter. | APPROP, Mecklenburg, Wake |
H 453 (2015-2016) KAPPA ALPHA PSI SPECIAL LICENSE PLATE. Filed Mar 31 2015, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE FULL-COLOR BACKGROUND SPECIAL REGISTRATION PLATES FOR THE KAPPA ALPHA PSI FRATERNITY AND TO RESTRICT ISSUANCE OF THE SPECIAL REGISTRATION PLATES TO MEMBERS OF THE KAPPA ALPHA PSI FRATERNITY.
Identical to S 449 filed on 3/26/15.
Amends GS 20-63 to add plates for Kappa Alpha Psi Fraternity to those that do not have a First in Flight or First in Freedom design.
Amends GS 20-79.4 to specify that the plates are issuable to members of the Kappa Alpha Psi Fraternity.
Provides that nothing in GS 20-63 or GS 20-79.3A requires an additional 200 applications for the Division of Motor Vehicles to issue a full-color background Kappa Alpha Psi Fraternity plate.
Effective July 1, 2015.
| Intro. by Hanes, Reives. | GS 20 |
The Daily Bulletin: 2015-03-31
PUBLIC/SENATE BILLS
S 379 (2015-2016) CEMETERIES LOCATED ON STATE PROPERTY. Filed Mar 24 2015, AN ACT RELATING TO CEMETERIES LOCATED ON LANDS OWNED, OCCUPIED, OR CONTROLLED BY THE STATE.
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Changes the proposed statute and section reference to GS 70-21 (was, GS 65-120).
Makes technical changes, changing "state property" to "state lands" throughout the bill.
| Intro. by Bingham, McKissick. | GS 65 |
S 619 (2015-2016) GREY'S LAW. Filed Mar 26 2015, AN ACT TO REQUIRE A 0.02 ALCOHOL CONCENTRATION RESTRICTION ON ALL RESTORATION OF LICENSES REVOKED FOR AN IMPAIRED DRIVING OFFENSE OR REFUSAL TO SUBMIT TO A CHEMICAL ANALYSIS; TO PROVIDE THAT WHERE A PERSON HAS COMMITTED AN IMPLIED-CONSENT OFFENSE AND APPLICABLE LAW REQUIRES A MANDATORY REVOCATION OF THE PERSON'S DRIVERS LICENSE, A REQUEST FOR A HEARING DOES NOT STAY THE REVOCATION; TO REQUIRE IGNITION INTERLOCK SYSTEM RESTRICTIONS ON A LIMITED DRIVING PRIVILEGE ISSUED TO ANYONE WHO IS CONVICTED OF AN ALCOHOL-RELATED OFFENSE OF DRIVING WHILE IMPAIRED, DRIVING AFTER CONSUMING ALCOHOL AND BEING LESS THAN TWENTY-ONE YEARS OF AGE, OR ANY PERSON WHO REFUSES A CHEMICAL ANALYSIS; TO REQUIRE AN EXTENSION OF THE IGNITION INTERLOCK REQUIREMENT PERIOD FOR ANY PERSON WHO VIOLATES THE CONDITIONS FOR RESTORING THE PERSON'S DRIVERS LICENSE AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS; TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH AN IGNITION INTERLOCK SYSTEM; TO MODIFY THE HABITUAL IMPAIRED DRIVING STATUTE; AND TO MAKE VARIOUS OTHER CHANGES.
Provides that this act is to be known as "Grey's Law."
Amends GS 20-16.2(c1) to provide that an alcohol concentration of 0.08 (was, 0.15) or more is sufficient to trigger the provisions of this subsection that support the law enforcement officer and the chemical analyst as having cause to take that person before an official who is authorized to administer oaths without any unnecessary delay. Current law requires the law enforcement officer to submit a properly executed affidavit as to the basis of the violation under subsection (c1) to the Division of Motor Vehicles (DMV) and directs the DMV to notify the person charged under subsection (c1) that the person's drivers license is revoked for 12 months. Amends subsection (d) of this section to provide that the person may request, in writing, a hearing before the DMV to contest the revocation of the person's license to drive. However, provides that the request does not stop the revocation of the person's license if either of the following apply: (1) the matter is heard before a judicial official under the procedures in GS 20-16.5(e), and the judicial official determines that there is probable cause to believe that the conditions of GS 20-16.5(b)(1) through (3) and GS 20-16.5(b)(4)a. have been met or (2) the matter is presented to a clerk under the procedures in GS 20-16.5(f), and the clerk determines that there is probable cause to believe that the conditions of GS 20-16.5(b)(1) through (3) and GS 20-16.5(b)(4)a. have been met. Deletes provision that a person who properly requests a hearing gets to retain his or her license unless it is revoked under some other provision of law.
Provides in subsection (d)(5) that the proceedings and revocation under this subsection derive from the notice sent to the person by the DMV and are not vacated by any non-material deficiency in an affidavit executed under subsection (c1).
Subsection (e1) provides circumstances and criteria for a person whose license has been revoked to apply for a limited driving privilege after six months provided certain requirements are met. Provides that the limited driving privilege has an ignition interlock requirement and lists the specified requirements .
Makes a conforming change to GS 20-17.8 to provide that the scope of this section applies to a person who had an alcohol concentration of 0.08 (was, 0.15) or higher. Additionally provides that this section applies to a person whose license was revoked as the result of a conviction for driving under the age of 21 years old after drinking alcohol and applies to a person whose license was revoked as the result of a refusal to submit to a chemical analysis under GS 20-16.2. Requires that a person whose license was revoked and has the license restored be restricted to operating for the required period of time a vehicle with a functioning ignition interlock system set to prohibit driving with an alcohol concentration of 0.02 or greater. Requires that the period of time for restrictions on driving run consecutively for persons with convictions for multiple offenses requiring an ignition interlock system.
Forbids the disabling or removal of an ignition interlock system. Provides that a violation of the restrictions by a person subject to the provisions of this section results in an extension by one year of applicable period of restriction designated in subsection (c) of this section.
Provides for a right to a hearing in Superior Court if an extension is put in place after a hearing on an extension of restrictions under this section before the DMV. Provides for the standard of review in hearings before Superior Court.
Repeals GS 20-17.8(f) concerning violations of restrictions of a license restored after certain driving while impaired convictions and Section 6 of SL 2009-369, which amended GS 20-17.8(b).
Enacts new GS 20-179.5 to clarify that all costs for the installation and monitoring of the ignition interlock system are to be paid by the person ordered to install the system. Also requires the person to pay an administrative fee of $100 for each ignition interlock system installed and limits the DMV to increasing the administrative fee to no more than $150.
Makes conforming changes to statutes concerning license restoration and limited driving privileges following an impaired driving offense, by prohibiting operating a vehicle with an alcohol concentration of 0.02 or more.
Makes additional conforming,clarifying, organizational, and technical changes.
Effective December 1, 2015, and applies to offenses committed on or after that date and restorations for offenses committed on or after that date. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this act, and the statutes that would be applicable except for this act remain applicable to those prosecutions.
S 639 (2015-2016) TRANSPORTATION FUNDING BILL. Filed Mar 26 2015, AN ACT TO MODIFY THE MOTOR FUEL EXCISE TAX RATE, TO ESTABLISH A TRANSPORTATION INFRASTRUCTURE ACCESS FEE, TO IMPOSE A ROAD USAGE TAX ON CERTAIN MOTOR CARRIERS, TO ELIMINATE THE STATUTORY TRANSFER OF PROCEEDS FROM THE MOTOR FUEL EXCISE TAX, AND TO PROHIBIT THE CONSTRUCTION OF TOLL PROJECTS UNLESS AUTHORIZED PURSUANT TO A LOCAL GOVERNMENT REFERENDUM.
Part I
Amends GS 105-449 (Tax rate)to provide a flat tax rate of (1) nineteen cents a gallon on diesel fuel and (2) nine cents a gallon on all other motor fuels. Deletes all other provisions of subsections (a), (b), and (c) of GS 105-449.80, which provided for variable components of the excise tax on motor fuel. Makes a conforming change to GS 105-449.107(c) (regarding determining the amount of state sales and use tax and local sales and use tax to be deducted from a motor fuel excise tax refund) to reflect the changes to GS 105-449.80 in this act. Also makes a conforming change to GS 150B-2(8a), deleting a reference to the variable components of the motor fuel excise tax previously included in GS 105-449.80. Effective for taxable years beginning on or after January 1, 2018.
Part II
Enacts GS 20-97.1 in Article 3 of GS Chapter 20 to establish a transportation infrastructure access fee. Provides that the fee is in addition to the fees imposed by GS 20-87 and GS 20-88. Bases the fee amount on the weight of the vehicle, providing a schedule of weights and fees in this section. Provides that the fees are due annually at the same time as the fees imposed under GS 20-87 and GS 20-88. Provides exceptions from application of this fee to (1) a mobile home that is subject to GS 20-87, (2) a semitrailer or trailer subject to GS 20-88(c), and (3) a motor vehicle eligible for a permanent registration plate under GS 20-84. Credits 25% of the total revenue collected from the per-vehicle fees imposed under subsection (a) of GS 20-97.1 to the North Carolina Highway Trust Fund. Credits the remainder of the fee revenue to the North Carolina Highway Fund. Prohibits any fee revenue collected under new GS 20-97.1 from being transferred to the General Fund or to other state agencies or departments. Restricts all fee revenue generated under this section to use by the Department of Transportation (DOT) and to transportation purposes only. Effective January 1, 2017, and applies to the registration and licensing of motor vehicles on or after that date.
Part III
Amends Article 36B of GS Chapter 105 to govern Taxes (was, Tax) on Motor Carriers. Adds new subsection (b) to GS 105-449.38 to provide weight group tax rates. Provides that the tax on the frequency of the motor carrier's use of the state's streets and highways is to be computed by multiplying the mileage of travel in this state by the appropriate weight group tax rate (shown in the tables in this subsection; tables indicate weight group in pounds and fee rates per mile). Provides that the declared combined weight of a motor carrier is to be determined in accordance with GS 20-88. Declares that the provisions of this section are not to be construed as prohibiting the assessment of other taxes and fees required by law. Restricts all revenue generated under this section to be use by the DOT and to transportation purposes only.
Amends GS 105-449.39 to provide that every motor carrier subject to the tax levied by Article 36B on the amount of motor vehicle fuel or alternative fuel used by the motor carrier is entitled to a credit on its quarterly return for tax paid by the carrier on fuel purchased in the state. Provides that the amount of the credit is determined using the motor fuel excise tax rate (was, using the flat cents per gallon rate and the variable cents per gallon rate of tax in effect). Amends GS 105-449.42 to provide that the amount of tax due on the frequency of the motor carrier's use of the streets and highways of this state is calculated in accordance with GS 105-449.38(b) for the quarter covered by the return. Makes additional conforming changes to reflect that this section as amended applies to taxes (was, singular tax).
Provides that Part III becomes effective for taxable years beginning on or after January 1, 2017.
Part IV
Amends GS 75A-3(c) to delete provision that credited motor fuel excise tax revenue to the Boating Account under GS 105-449.126. Amends GS 105-449.125 and 136-41.1(a) to conform with changes in this act to eliminate the statutory transfer of proceeds from the motor fuel excise tax and the transfer of the excise tax revenue collected only to the Highway Fund and the Highway Trust Fund. Amends GS 143-215.3A(a) to provide that any funds appropriated by the General Assembly from the Highway Fund to the Water and Air Quality Account (Account) must be used to administer the air quality program, making a conforming change deleting references to transfer to the Account revenue credited from GS 105-449.43, GS 105-449.125, and GS 105-449.136. Repeals GS 105-449.126; makes conforming changes deleting references to this statute. Makes conforming changes to GS 143-215.73F.
Beginning in the 2017-18 fiscal year, provides for appropriations of recurring funds from the Highway Fund according to the following schedule: (1) $146,640,000 to the Department of Transportation; (2) $2,350,000 to the Wildlife Resources Fund; (3) $8,359,063 to the Water and Air Quality Account; (4) $2,350,000 to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund; (5) $15,882,219 to the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund; and (6) $2,507,719 to the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
Effective July 1, 2017.
Part V
Amends GS 136-11.1 to prohibit, effective August 1, 2015, the DOT or the Turnpike Authority from establishing or constructing a road, bridge, or tunnel project to be financed with tolls, user fees, or any direct charges to users of the road, bridge, or tunnel unless the project is approved by a majority of voters in each of the counties in which the transportation project will be located. Provides that the election is to be held on a date that is jointly agreed upon by the DOT or the Turnpike Authority, whichever is applicable, and the county board or boards of elections, and commissioners of the affected county or counties and a date that is in accordance with the procedures of GS 163-287.
Amends GS 136-18 (Power of Department of Transportation), GS 136-89.183 (Powers of the Authority), GS 136-89.198 (Authority to toll existing interstate highways), and GS 136-89.199 (Designation of high-occupancy toll and managed lanes) to conform these statutes with the provisions of GS 136-11.1, as amended by this act. Amends GS 136-89.211 (Tolls for use of Turnpike project) to prohibit the Turnpike Authority from establishing a new toll or increasing an existing toll after August 1, 2015, except (1) as necessary to satisfy construction bonds and other contractual obligations made prior to August 1, 2015, or (2) unless authorized via a referendum as required under GS 136-11.1, as amended by this act.
Makes a clarifying change to GS 136-89.212.
Provides that all projects programmed in the five-year State Transportation Improvement Program (STIP) are to be completed on schedule.
Part 5 is effective August 1, 2015.
Specifies that the headings in this act are offered as a convenience to the reader, for reference only, and not as substantive content to define, expand, or limit the text of this act.
Provides that except as otherwise provided, this act is effective when it becomes law.
S 641 (2015-2016) CONCEALED HANDGUN PERMIT STANDARDIZATION ACT. Filed Mar 26 2015, AN ACT TO STANDARDIZE AND ENSURE UNIFORMITY OF CONCEALED HANDGUN PERMIT APPLICATIONS.
Amends GS 14-415.12 (Criteria to qualify for the issuance of a permit), changing the criteria in GS 14-415.12(a)(3) to establish that the applicant does not suffer from a currently diagnosed and ongoing mental disorder, as defined in the most current Diagnostic and Statistical Manual of Mental Disorders (DSM), which a reasonable person would expect to present a danger to the applicant or others. Provides that previous treatment for transient disorders does not disqualify. Also amends the residency requirement to include a permanent resident alien. Amends provisions concerning when a sheriff must deny a permit to an applicant, adding language that provides that if an applicant has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes under the specified statutes within six months prior to the date of an application, then the sheriff must deny a permit. Amends the language in GS 14-415.12(b)(3) concerning applicants that have been adjudicated guilty of specified felonies, providing that a permit cannot be issued for an applicant that has been found guilty of a violent felony unless the person's firearms rights have been restored pursuant to GS 14-415.4 (previously, if guilty of a felony unless the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade). Provides that for the purposes of the section, a violent felony will be defined as any felony not listed as a nonviolent felony in GS 14-415.4(a)(2). Makes clarifying changes.
Amends GS 14-415.13 concerning required information for application of a concealed handgun permit, providing that sheriffs cannot request employment information, character affidavits, additional background checks, photographs, or other information unless specifically provided for under GS Chapter 14, Article 54B.
Amends GS 14-415.15 concerning the issuance or denial of permits, adding language that requires a sheriff to issue or deny a permit within 90 calendar days from the date of application submission, regardless of the receipt of required records concerning the mental health or capacity of the applicant. Provides that sheriffs are only authorized to investigate the mental health history of an applicant for the period of time beginning 120 months prior to the application. Adds provision prohibiting a charge for records concerning the mental health of an applicant if they are requested for the purpose of conducting an investigation for a permit to carry a concealed handgun. Deletes a provision that previously provided that a decision by a district court judge on a permit denial would be final.
Amends GS 14-415.19 (Fees) by adding a new subsection GS 14-415.19(c), providing that no fees other than those authorized under this statute will be charged for the application, renewal, or duplication of a permit issued under this Article, even for the cost of processing fingerprints, even if costs were incurred by the sheriff.
Effective October 1, 2015, applying to applications submitted on or after that date.
| Intro. by Tarte. | GS 14 |
S 646 (2015-2016) UNLAWFUL TO ASSIST ANOTHER TO COMMIT SUICIDE. Filed Mar 26 2015, AN ACT TO MAKE IT A FELONY FOR A PERSON, FOR REMUNERATION, TO ASSIST ANOTHER INDIVIDUAL TO COMMIT SUICIDE AND TO MAKE IT UNLAWFUL TO MANUFACTURE, SELL, DISTRIBUTE, OR POSSESS IN THIS STATE A EUTHANASIA DEVICE DESIGNED TO ASSIST AN INDIVIDUAL TO COMMIT SUICIDE.
Enacts GS 14-17.2 in GS Chapter 14 making it a Class D felony for any person intentionally and for payment assist another person to commit suicide. Defines suicideto mean the intentional and willful termination of one's own life. States that this section does not apply to withholding or withdrawing medical treatment.
Enacts GS 14-17.3 in GS Chapter 14 making it unlawful to manufacture, sell, distribute, or possess within this state any euthanasia device designed to assist a person to commit suicide. Offers the following products as examples of prohibited euthanasia devices under this section: (1) thanatron, (2) mercitron, (3) deliverance machine, and (4) exit's euthanasia device. Makes a violation of this section a Class 1 misdemeanor.
This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.
| Intro. by Sanderson. | GS 14 |
S 647 (2015-2016) AMEND TRAPPING LAW. Filed Mar 26 2015, AN ACT TO AMEND THE TRAPPING LAW RELATING TO CONIBEAR TYPE TRAPS.
Amends GS 113-291.6, providing that "bucket sets" are prohibited. Establishes that conibear type traps with bait and an inside jaw spread or opening greater than 5 1/2 inches and no more than 7 1/2 inches can be set on dry land only under specified restrictions. Provides that conibear type traps set without an enclosure, as described in this section, and without bait can be set on dry land only under specified restrictions.
Amends GS 113-270.5(a), requiring that all individuals licensed pursuant to this section after October 1, 2016, complete a trapper education course approved by the NC Wildlife Resources Commission.
Directs the NC Wildlife Resources Commission to adopt rules to require the reporting of domestic animals taken by trapping.
Effective December 1, 2015, and applies to offenses committed on or after that date.
| Intro. by Sanderson, B. Jackson. | GS 113 |
S 648 (2015-2016) NC FIREARMS FREEDOM ACT. Filed Mar 26 2015, AN ACT TO EXEMPT FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION MANUFACTURED AND RETAINED IN NORTH CAROLINA FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES.
Provides that intrastate commerce is not regulated by the US Congress; rather, it is a power reserved to the states. Sets out two terms for use in the act, firearms accessories and manufacture.
Provides that firearms, firearm accessories, and ammunition that is manufactured in North Carolina and that remain in North Carolina exclusively are not subject to federal regulation or taxation, including registration, under the authority of the US Congress's power to regulate interstate commerce, because the NC General Assembly declares those items have not traveled in interstate commerce. Provides that this section applies to firearms, firearm accessories, and ammunition manufactured in North Carolina.
Provides that component parts that are not firearms, firearm accessories, or ammunition, their importation and incorporation into a firearm, accessories, or ammunition and are owned in North Carolina are not subject to federal regulation. Provides that the General Assembly has deemed that such component parts are not firearms, accessories, or ammunition and are not subject to Congressional authority under interstate commerce.
Provides that firearms, to be under the provisions of this act, must have the words "Made in North Carolina" or "Made in NC" clearly stamped on a central metallic part of the firearm.
Prevents any public employee employed on any level from enforcing federal statutes or federal regulations in regards to firearms, accessories, or ammunition in intrastate commerce. Provides for a Class 1A misdemeanor for violations of this provision.
Allows the Governor and Attorney General to enforce the provisions of this act by seeking injunctive and other relief.
| Intro. by Sanderson. | CONST, UNCODIFIED |
S 649 (2015-2016) ACCESS TO SPORTS/EXTRACURR. FOR ALL STUDENTS. Filed Mar 26 2015, AN ACT TO PERMIT STUDENTS WHO ATTEND A PUBLIC SCHOOL, PRIVATE SCHOOL, OR HOME SCHOOL WITHOUT AN INTERSCHOLASTIC ATHLETICS PROGRAM IN A GIVEN SPORT OR PARTICULAR EXTRACURRICULAR ACTIVITY TO PARTICIPATE IN THAT ACTIVITY AT A PUBLIC HIGH SCHOOL.
Amends GS 115C-12 by creating a new subsection (23a) and amends GS 115C-47(4)to provide that the powers and duties of the State Board of Education and local boards of educationinclude providing all students with the opportunity to participate in interscholastic athletics programs. Requires the State Board of Educationand local boards of educationto adopt rules that allow public high school students who attendschools that do not have interscholastic athletics programsin any given sport to participate in the sport at the public high school closest to the student's school which has a program in that sport, subject to the terms and conditions applicable to a regularly enrolled member of that school's student body. Also, that a private school or home-schooled student may likewise participate in sports programs at the base public high school for the student's home address. Authorizes the public school providing an opportunity for students who attend other schools to participate in interscholastic athletics programs to charge a reasonable fee for participation to the student who is not enrolled in that school as established by the local board of education under GS 115C-47(6).
Makes a conforming change to GS 115C-47(6) regarding the administration of the fee charged to participating students in sports and other extracurricular activities.
Effective whenthe actbecomes law and applies beginning with 2015-16 school year.
| Intro. by Sanderson, Brock, Hise. | GS 115C |
S 650 (2015-2016) ELECTIONS TRANSPARENCY. Filed Mar 26 2015, AN ACT TO ADD TRANSPARENCY TO CERTAIN ELECTIONS BY REQUIRING THAT ELECTIONS CURRENTLY CONDUCTED ON A NONPARTISAN BASIS BE CONDUCTED ON A PARTISAN BASIS AND TO MAKE VARIOUS CONFORMING STATUTORY CHANGES.
Part 1.
Amends GS 115C-37 to make county boards of education elected biennially on a partisan basis. Makes conforming and clarifying changes.
Repeals GS 115C-37.1, which provided that vacancies in offices of county boards were to be elected on a partisan basis in certain counties.
Makes conforming changes to GS 115C-67(3).
Provides that this act has the effect of repealing any provisions of local or special acts relating to the nonpartisan election of a local board of education and any conflicting methods of filling vacancies in the membership of boards of education than as required by GS 115C‑37(f), as amended by this act. Specifies that this act does not affect the filling of a vacancy on a local board of education that occurs for a seat elected prior to the effective date of this act.
Requires any local act requiring a board of education election to be conducted in an odd‑numbered year to be held as a partisan election beginning in 2017.
Part 2.
Repeals Article 25 of GS Chapter 163 and amends various statutes in GS Chapter 163 to make the election of Appellate, Superior Court, and District Court judges partisan. Amends GS 163-106 to prohibit filing a notice of candidacy for superior court judge unless that person is, at the time of filing the notice of candidacy, a resident of the judicial district as it will exist at the time the person would take office if elected; prohibits nomination as a superior court judge under GS 163‑114 unless that person is, at the time of nomination, a resident of the judicial district as it will exist at the time the person would take office if elected; and requires regular superior court judges to reside in the district for which elected. Amends GS 163-107.1 to specify the number of signatures needed to meet the requirements for petition in lieu of paying the filing fee, depending on whether the office is for appellate courts, or superior or district court. Makes conforming, clarifying, and technical changes.
Part 3.
Amends Article 23 of GS Chapter 163 to require all municipal primaries and elections to be conducted on a partisan basis. Makes conforming, clarifying, and technical changes.
Provides that the act has the effect of repealing any provisions of local or special acts relating to the nonpartisan municipal elections. Provides that the act does not affect the filling of a vacancy in a municipal election that occurs for a seat elected prior to the effective date of this act. Requires any local act requiring a municipal election to be conducted in an odd‑numbered year be held as a partisan election beginning in 2017.
Part 4.
Provides that in applying the act, a candidate's party affiliation or unaffiliated status is based on the party affiliation or unaffiliated status under which the candidate registered at the general election immediately preceding the candidate's filing for office pursuant to this act.
Part 5.
The act is effective with respect to primaries and elections held on or after January 1, 2016.
S 652 (2015-2016) PROHIBIT RE-HOMING OF AN ADOPTED MINOR CHILD. Filed Mar 26 2015, AN ACT TO PROHIBIT THE RE-HOMING OF AN ADOPTED MINOR CHILD AND MAKE CONFORMING STATUTORY CHANGES.
Amends GS 48-1-101, concerning adoption law, adding and providing a definition for the term re-homing.
Amends GS 48-10-101(b) adding clarifying language for the phrase "other public medium" concerning advertising for the placement or acceptance of a child for adoption.
Enacts new GS 48-10-106, Re-homing of an adopted minor child, providing that it is unlawful for an adoptive parent to (1) advertise, recruit, or solicit, and so forth for the re-homing of that parent's minor adopted child and (2) knowingly and willfully respond to an advertisement or solicitation by another seeking to either take permanent physical custody of the adopted minor child or to facilitate the re-homing of the adopted minor child. Provides that the transfer and re-homing of an adopted minor child and advertising for, soliciting, recruiting, and so forth for the purpose of re-homing is unlawful. A violation of the section is considered a Class F felony. Sets out provisions for county departments of social services to petition for a custody change of the minor child that has been re-homed or has been the subject of an attempt to be re-homed according to the child's best interest. Provides exemptions for situations in which the above provisions do not apply.
Amends GS 7B-101, concerning the juvenile code, adding being re-homed to the definition for neglected juvenile.
Amends GS 7B-302(a), concerning the screening of abuse and neglect complaints, adding allegations of re-homing to the reasons for which an immediate assessment of the situation can be ordered and steps to assume temporary custody of the minor child can be taken.
Amends GS 14-43.14, Unlawful sale, surrender or purchase of a minor, providing a person that willfully participates in the re-homing of an adopted minor child as specified is in violation of this section. Makes conforming changes.
S 653 (2015-2016) SENIORS' FRAUD PROTECTION ACT. Filed Mar 26 2015, AN ACT TO CREATE PROTECTIONS FOR SENIOR CITIZENS AND OTHER CONSUMERS RELATED TO RESIDENTIAL CONTRACTORS; TO REQUIRE THE ATTORNEY GENERAL TO OPERATE A DATABASE THAT CAN BE USED TO INVESTIGATE POTENTIAL FINANCIAL EXPLOITATION OF ADULTS; AND TO REQUIRE THAT FINANCIAL INSTITUTIONS REPORT POTENTIAL FINANCIAL EXPLOITATION OF OLDER ADULTS TO THE ATTORNEY GENERAL.
Enacts new GS Chapter 75, Article 9, Residential Contractors, setting out definitions for use in the section, including general construction and residential contractor. Sets out four areas of prohibited conduct for residential contractors, including advertising or promising or offering to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of any goods or services, as well as offering or providing anything of value in exchange for permitting the residential contractor to display a sign or any other type of advertisement at the consumer's premises. Prohibits an adjuster or public adjuster as specified from acting as a residential contractor.
Includes provisions that require a contract for general construction, including a public contract, which must be in writing and signed by both parties. Sets out requirements for a valid contract, including that it must contain a copy of a work estimate with several specified disclosures as well as requiring that it contain the name and physical address of the residential contractor.
Includes provisions concerning a consumer's right to cancel a contract if not covered by insurance, providing consumers that have entered into a written contract with a contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy can cancel the contract at any time prior to midnight of the third business day after the consumer has received written notification from the insurer that any part of the claim is not covered by the insurance policy. Sets out procedures for the cancellation of a contract. Requires a refund of a cancelled contract for general construction to be tendered to the consumer within 10 days after the cancellation, with a few exceptions. Establishes that a violation of GS Chapter 75, Article 9, constitutes an unfair and deceptive trade practice.
Enacts new GS 114-8.8, Older adult exploitation database, requiring the Attorney General to operate and maintain an internet-accessible database that collects reports made by financial institutions pursuant to GS 108A-115(a)(4). Requires the Attorney General to ensure that the database is accessible to various entities, agencies, and personnel. Provides that the contents of the database are not considered to be a public record, with procedures taken to protect the privacy of the contents.
Amends GS 108A-115, concerning the duty to report suspected fraud, adding the Attorney General to the list of individuals/entities to which financial institutions, officers, or employees must report instances of financial exploitation. Makes clarifying changes regarding the medium for reports required under GS 108A-115(a).
Effective January 1, 2016.
S 654 (2015-2016) MAP ACT/CLARIFICATIONS. Filed Mar 26 2015, AN ACT TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE WILMINGTON URBAN AREA METROPOLITAN PLANNING ORGANIZATION FOR CLAIMS ARISING OUT OF ACTIONS TAKEN BY THE ORGANIZATION PURSUANT TO THE TRANSPORTATION CORRIDOR OFFICIAL MAP ACT AND TO CLARIFY CERTAIN PROVISIONS OF THE TRANSPORTATION CORRIDOR OFFICIAL MAP ACT.
Amends GS 136-44.50 and 136-44.52 concerning the Transportation Corridor Official Map Act, making clarifying changes regarding entities listed in GS 136-44.50(a).
Amends GS 136-44.51(a) and 136-44.53(a), adding the Wilmington Urban Area Metropolitan Planning Organization to the provisions concerning entities that have authority and responsibility for notification and petition requirements as well as the authority to make advanced acquisition of specified parcels of property in regards to filed transportation corridor official maps.
Effective when the act becomes law and applies to filings, adoptions, or amendments made before, on, or after that date.
| Intro. by Lee. | GS 136 |
S 655 (2015-2016) CLARIFY BOARD APPOINTMENTS. Filed Mar 26 2015, AN ACT TO PROVIDE CLARIFICATION THAT MEMBERS OF THE STATE PORTS AUTHORITY MAY BE DOMICILED IN THE DISTRICT OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES OR THE NORTH CAROLINA SENATE IN WHICH A STATE PORT IS LOCATED.
As the title indicates.
| Intro. by Lee, Sanderson. | GS 136 |
S 656 (2015-2016) WC/2015 OMNIBUS LAW CHANGES. Filed Mar 26 2015, AN ACT CLARIFYING THE AUTHORITY AND DUTIES OF INDUSTRIAL COMMISSION FRAUD INVESTIGATORS AND MAKING TECHNICAL, CONFORMING, AND OTHER CHANGES TO THE WORKERS' COMPENSATION LAWS OF NORTH CAROLINA.
Enacts new GS 97-79.1, Authority of Industrial Commission fraud investigator; inspection of records, directing the Industrial Commission (Commission) to establish a Criminal Investigation Unit (Unit) to operate as a law enforcement agency in enforcing GS Chapter 97. Requires members of the unit to serve as fraud investigators and be sworn law enforcement officers, appointed and certified by the NC Criminal Justice Education and Training Standards Commission.
Sets out the authority of the above sworn officers, including making arrests and taking investigatory and enforcement actions for felonies and misdemeanors, as well as to charge for infractions for violations of the laws of North Carolina, with primary responsibility being the enforcement of the Workers' Compensation Act.
Requires insurance companies, agents, or brokers to furnish copies of specified records to the fraud investigators for inspection by the Commissioner of the Industrial Commission as demanded. Refusal to submit or exhibit the records is considered a Class 1 misdemeanor.
Amends GS 143-166.13, adding the above sworn law enforcement officers to the list of officers that qualify for the Salary Continuation Plan.
Amends GS 97-88.2(b) making conforming and clarifying changes reflecting the establishment of the unit.
Amends GS 97-73(d) to provide that the Commission can set a reasonable fee for reviewing the safety rules for an employer.
Amends GS 97-87(c)(5), providing that notice of appeal of a Commission decision in regards to awards can request a de novo evidentiary hearing before the Commission (was, before the full Commission).
Amends GS 97-87(c)(7) concerning notice of appeals after the Commission provides for an award that requires periodic payments requiring that the Commission, if an appeal is issued pursuant to GS 97-87(c)(5), conduct an evidentiary hearing within 90 days of the filing of the response or when the response is due, if no response is filed (previously, only stated 90 days of the filing of the response).
Amends GS 97-92(d) making technical changes.
Amends GS 97-101, concerning the collection of fines and penalties, deleting language that provided that all fines and penalties collected by the Commission must become part of the specified maintenance fund.
Amends GS 97-26.2, concerning the reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services, making several technical and clarifying changes to provisions that provide reimbursement allowances and limitations. Adds language to provide that this section also apply to prescribed over-the-counter drugs. Adds language limiting reimbursement for Schedule IV controlled substances. Provides that only an initial health care provider providing the employee's initial treatment following injury can seek reimbursement for dispensing controlled substances as described in this section; subsequent dispensing of controlled substances by another health care provider are not eligible for reimbursement.
Amends GS 97-200(a), concerning claims administration, to provide that a self-insurer cannot not use a claims adjuster unless the adjuster is licensed under GS 58-33-26 (was, is licensed under GS 58-33-25).
S 657 (2015-2016) CHARTER SCHOOLS/HIGHER ED/LRC STUDY. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ALLOWING CONSTITUENT INSTITUTIONS AND COMMUNITY COLLEGES TO OPERATE CHARTER SCHOOLS.
Authorizes the Legislative Research Commission to study allowing constituent institutions and community colleges to operate charter schools and require a report to the 2015 General Assembly when it reconvenes in 2016.
| Intro. by Lee. | STUDY |
S 658 (2015-2016) EXPAND TO SEVEN-DAY HUNTING. Filed Mar 26 2015, AN ACT TO ALLOW HUNTING ON SUNDAYS WITH CERTAIN LIMITATIONS.
Amends GS 103-2 to allow hunting on Sundays except when hunting waterfowl, hunting with dogs, or hunting within 250 yards of a place of worship before 1 pm. Makes conforming changes.
Effective July 1, 2016, further amends GS 103-2 to remove the prohibition on hunting on Sunday within 250 yards of a place of worship before 1 pm and instead allows the Wildlife Resources Commission to prohibit hunting on Sunday at certain times and in certain locations.
| Intro. by Newton, Rabon. | GS 103 |
S 659 (2015-2016) SHERIFFS' ASSOCIATION SPECIAL PLATE. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE A SPECIAL REGISTRATION PLATE FOR THE NORTH CAROLINA SHERIFFS' ASSOCIATION.
Enacts new GS 20-63(b1)(49) as title indicates. Specifies the plate's design. Establishes a special plate fee of $30 and requires that $20 of that amount be transferred quarterly to the North Carolina Sheriffs' Association, Inc., to support the Association's operating expenses. Effective July 1, 2015.
| Intro. by Newton. | GS 20 |
S 660 (2015-2016) DISPOSE OF REMAINING TOXICOLOGY FUNDS. Filed Mar 26 2015, AN ACT TO AUTHORIZE DISTRICT ATTORNEYS TO USE CERTAIN GRANT FUNDS TO OBTAIN TOXICOLOGY ANALYSIS FROM PROVIDERS OF TOXICOLOGY ANALYSES OTHER THAN HOSPITALS.
Amends Section 18B.4 of SL 2013-360 as title indicates.
| Intro. by Newton. | UNCODIFIED |
S 661 (2015-2016) PRIVATE LABS MUST COMPLY WITH CODIS. Filed Mar 26 2015, AN ACT TO REQUIRE THAT WHEN LOCAL LAW ENFORCEMENT AGENCIES OBTAIN DNA ANALYSES FROM ENTITIES OTHER THAN THE STATE CRIME LABORATORY THAT THOSE ENTITIES MEET THE STANDARDS APPLICABLE TO VENDOR LABORATORIES AS SET FORTH IN FEDERAL BUREAU OF INVESTIGATION STANDARDS FOR QUALITY ASSURANCE; TO REQUIRE THE STATE CRIME LABORATORY TO MAKE AVAILABLE A LIST OF ENTITIES THAT SATISFY THAT REQUIREMENT; AND TO PROHIBIT LOCAL LAW ENFORCEMENT AGENCIES FROM USING CERTAIN DNA DATABASES.
Enacts new GS 15A-270.2 to provide as the title indicates. Effective October 1, 2015.
| Intro. by Newton. | GS 15A |
S 662 (2015-2016) APPROPRIATE FUNDS FOR TOBACCO USE PREVENTION. Filed Mar 26 2015, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC HEALTH, FOR TOBACCO USE PREVENTION.
Appropriates $7 million for 2015-16 and $7 million for 2016-17 from the General Fund to the Department of Health and Human Services, Division of Public Health, Chronic Disease and Injury Section. Requires the funds to be allocated during each fiscal year of the biennium to the Tobacco Prevention and Control Branch to be used as specified in the act for 10 regional teen tobacco use prevention programs, youth leadership and involvement training and assistance, a tobacco-free campus initiative, a smoke-free multi-unit housing initiative to protect children from second-hand smoke, prenatal and neonatal outreach, education and training, and tobacco use prevention program evaluation. Effective July 1, 2015.
| Intro. by Woodard, Hartsell, Bingham. | APPROP |
S 663 (2015-2016) OSHR MODERNIZATION/TECHNICAL CHANGES. Filed Mar 26 2015, AN ACT MAKING MODERNIZING AND CONFORMING CHANGES TO THE STATE HUMAN RESOURCES ACT.
Amends GS 126-6.2 to require the report by entities employing state employees subject to the North Carolina Human Resources Act be submitted annually instead of quarterly. Amends GS 126-8.1 to allow the Office of State Human Resources (was, the Department of Administration) to adopt rules necessary to carry out the statute, which concerns Paid leave for certain athletic competition.
| Intro. by Apodaca. | GS 126 |
S 664 (2015-2016) STUDY LOCAL GOV'T CONTRACT LOBBYISTS. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE LEGISLATIVE ETHICS COMMITTEE TO STUDY THE PRACTICE OF LOCAL GOVERNMENTS AND LOBBYING.
Authorizes the Legislative Research Commission (LRC) to study the practices of local governments and lobbying, including specified issues. Allows the LRC to report to the 2016 Session of the 2015 General Assembly.
| Intro. by Apodaca. | STUDY |
S 665 (2015-2016) UNCLAIMED LIFE INSURANCE BENEFITS. Filed Mar 26 2015, AN ACT TO ENACT THE NORTH CAROLINA UNCLAIMED LIFE INSURANCE BENEFITS ACT.
Adds a new Part 7 to Article 58 of GS Chapter 58, to be known as the Unclaimed Life Insurance Benefits Act.
Provides that nothing in Part 7 amends, modifies, or supersedes the North Carolina Unclaimed Property Act, Article 4 of GS Chapter 116B.
Provides definitions for the following terms as they apply in this part: (1) account owner, (2) annuity, (3) asymmetric conduct, (4) beneficiary, (5) death master file or DMF, (6) death master file match or DMF match, (7) insurer, (8) person, (9) policy, and (10) record keeping services.
Enacts new GS 58-58-390 to provide requirements for insurers. Directs insurers, to the extent that their records of in-force policies, annuities, and account owners are available electronically, to compare their records with a death master file (such as that of the United States Social Security administration or any other database) on a semi-annual basis in order to identify potential death master file matches. Provides that if electronic records are not available to the insurer, then it is still the insurer's duty to perform a comparison on a semi-annual basis of the insurer's records of in-force policies, annuities, and account owners against a death master file using the records most easily accessible to the insurer. Provides that this section does not apply to policies or annuities for which the insurer has received premiums from outside of the policy value, by check, bank draft, payroll deduction, or any other similar method within 18 months immediately preceding the death master file comparison. Provides additional criteria regarding requirements for insurers under this section and specifies circumstances and criteria under which an insurer is exempt from the requirements of this section. Provides that the comparison required under this section does not apply to group life insurance policies for which the insurer is not the record keeper.
Requires an insurer who learns of a possible death through a DMF match or otherwise to make a documented good-faith effort within 90 days to confirm the death, determine if benefits are due, locate any beneficiaries, and provide the appropriate claims forms or instructions to the beneficiary. Prohibits the insurer from charging any fees or costs associated with a DMF search to any beneficiary or any other person entitled to benefits. Provides that if the beneficiaries or account owners cannot be located, the benefits and associated interest revert to the state as unclaimed property as set out in Article 4 of GS Chapter 116B.
Provides that failing to meet the requirements of this Part may constitute an unfair claims settlement practice under GS 58-3-100(a)(5) and GS 58-63-15. Declares that there is nothing in this part that is to be construed as creating or implying that there is a private cause of action for a violation of this part.
Authorizes the Commissioner of Insurance to make rules to implement this act, provided that such rules do not impose any duty or requirement that is not stated in this act. Effective when it becomes law. The other provisions of this act become effective July 1, 2015.
| Intro. by Apodaca. | GS 58 |
S 666 (2015-2016) STUDY ENERGY GENERATION/TRANSMISSION. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY THE ADEQUACY OF THE LAWS GOVERNING ENERGY GENERATION AND TRANSMISSION IN NORTH CAROLINA.
Authorizes the Legislative Research Commission to study the regulation of general and transmission of energy in the state, including specified issues. Allows the LRC to make an interim report to the 2015 General Assembly when it reconvenes in 2016 and requires a final report to the 2017 General Assembly. Effective July 1, 2015.
| Intro. by Apodaca. | STUDY |
S 668 (2015-2016) AUTO INSURANCE/ALLOW OPTIONAL ENHANCEMENTS. Filed Mar 26 2015, AN ACT TO ALLOW INSURANCE COMPANIES WRITING PRIVATE AUTOMOBILE INSURANCE IN NORTH CAROLINA TO OFFER OPTIONAL PROGRAM ENHANCEMENTS.
Enacts new GS 58-36-43 as the title indicates. Allows insurance companies writing private automobile insurance or homeowners' insurance to incorporate optional enhancements in an automobile or homeowners' insurance policy under Article 36 of GS Chapter 58 (1) if the insurer has filed the proposed enhancement including any proposed premium charge with the Commissioner of Insurance (Commissioner) and (2) if the proposed enhancement is approved by the Commissioner. Provides that amendments to private passenger automobile or homeowners' program enhancements are subject to the same requirements as an initial filing. Specifies that a rate amendment under this proposed section is not a rate deviation and is not subject to the requirements regarding rate deviations in GS 58-36-30(a). Provides criteria regarding the reporting of premiums, expenses, and losses associated with individual company automobile enhancements.
Applies to optional enhancements filed and approved on or after July 1, 2015.
| Intro. by Apodaca. | GS 58 |
S 669 (2015-2016) HOMELESS YOUTH OBTAINING HOUSING/LRC STUDY. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ISSUES RELATED TO UNACCOMPANIED HOMELESS YOUTH CONTRACTING FOR APPROPRIATE HOUSING OPTIONS OR FOR ADMISSION TO EMERGENCY SHELTERS AND TRANSITIONAL LIVING PROGRAMS.
Authorizes the Legislative Research Commission to study issues related to unemancipated, unaccompanied homeless youth contracting for appropriate housing options or admission to emergency shelters and transitional programs without consent, including specified issues. Requires the LRC to report to the 2015 General Assembly when it reconvenes in 2016.
| Intro. by Apodaca. | STUDY |
S 670 (2015-2016) TERM LIMITS FOR BOG MEMBERS. Filed Mar 26 2015, AN ACT TO LIMIT MEMBERS OF THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS TO THREE TERMS, AND BY ESTABLISHING A PROCESS FOR SELECTION OF A PRESIDENT OF THE UNIVERSITY OF NORTH CAROLINA.
As the title indicates.
| Intro. by Apodaca. | GS 116 |
S 671 (2015-2016) DL RESTORATION/DWI TREATMENT COURT. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO CONDITIONALLY RESTORE THE DRIVERS LICENSE OF PERSONS WHO HAVE SUCCESSFULLY COMPLETED A DRUG TREATMENT OR DWI TREATMENT COURT PROGRAM.
Amends GS 20-19 to allow the Division of Motor Vehicles to conditionally restore a person's drivers licence that was revoked for an impaired driving offense, if the license has been revoked for at least one year and the person has successfully completed a drug treatment or DWI treatment court program, or if the judge presiding over the drug treatment or DWI treatment court writes a letter of recommendation. Requires specified conditions and restrictions to be placed on the license if it is restored. Effective December 1, 2015.
| Intro. by Apodaca, Van Duyn, J. Davis. | GS 20 |
S 672 (2015-2016) LRC STUDY/LOCAL BOARDS OF ED. Filed Mar 26 2015, AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY THE COMPOSITION AND ELECTION OR APPOINTMENT METHODS OF LOCAL BOARDS OF EDUCATION.
Authorizes the Legislative Research Commission to study composition and election or appointment methods of local boards of education, including specified issues. Allows the LRC to report to the 2015 General Assembly when it reconvenes in 2016.
| Intro. by Apodaca. | STUDY |
S 674 (2015-2016) TRUCK DEALER COST REIMBURSEMENT. Filed Mar 26 2015, AN ACT TO INCREASE THE AMOUNT OF COMPENSATION PAYABLE BY A MANUFACTURER, MANUFACTURER BRANCH, DISTRIBUTOR, OR DISTRIBUTOR BRANCH OF CERTAIN NEW MOTOR VEHICLES TO MOTOR VEHICLE DEALERS TO COVER CERTAIN COSTS.
Amends GS 20-305.1 as the title indicates; increases the compensation amount from $600 to $900. Makes additional clarifying and technical changes. Provides that the act applies to all current and future franchises and other agreements in existence between any new motor vehicle dealer located in state and a manufacturer or distributor as of the date that the act becomes effective.
| Intro. by Apodaca. | GS 20 |
S 675 (2015-2016) LIMIT PAROLE REVIEW FREQUENCY. Filed Mar 26 2015, AN ACT TO LIMIT THE FREQUENCY OF PAROLE REVIEWS FOR INMATES CONVICTED OF SEXUALLY VIOLENT OFFENSES.
Amends GS 15A-137 to require the Parole Commission, when considering the desirability of parole for each person sentenced as a felon for a maximum term of 18 months or longer, to review cases where the prisoner was convicted of a sexually violent offense and in its discretion, give consideration of parole and written notice of its decision once every second year; except allows the Commission to give more frequent parole consideration if it finds that exigent circumstances or the interests of justice demand it. Makes conforming changes. Applies to parole reviews conducted on or after October 1, 2015.
| Intro. by Apodaca. | GS 15A |
S 676 (2015-2016) AUTISM HEALTH INSURANCE COVERAGE. Filed Mar 26 2015, AN ACT TO PROVIDE COVERAGE FOR THE TREATMENT OF AUTISM SPECTRUM DISORDERS.
Amends GS 58-3-220 to amend the definition of mental illness, as it applies to the statute governing mental illness benefits coverage, to include mental disorders defined in the Diagnostic and Statistical Manual of Mental Disorders, DSM‑V (was, DSM-IV), and adds to the exclusions those coded as autism spectrum disorders (299.00). Makes conforming changes.
Enacts new GS 58-3-192, requiring health benefit plans to provide coverage for the screening, diagnosis, and treatment of autism spectrum disorder for individuals 18 years of age or younger. Prohibits an insurer from terminating coverage or refusing to issue, amend, or renew coverage to an individual solely because the individual is diagnosed with autism spectrum disorder or has received treatment for autism spectrum disorder. Prohibits limiting the number of visits an individual may have for treatment of autism spectrum disorder and allows coverage for adaptive behavior treatments to be limited to a maximum benefit of up $40,000 per year.
Provides that coverage may be subject to co‑payment, deductible, and coinsurance provisions of a health benefit plan that are not less favorable than the co‑payment, deductible, and coinsurance provisions that apply to substantially all medical services covered by the health benefit plan.
Makes conforming changes to GS 58-51-55, GS 58-67-75, and GS 58-65-90.
Applies to insurance contracts issued, renewed, or amended on or after October 1, 2015.
| Intro. by Apodaca, Krawiec. | GS 58 |
S 677 (2015-2016) YOUTH DEVELOPMENT FUND. Filed Mar 26 2015, AN ACT TO ESTABLISH THE YOUTH DEVELOPMENT FUND.
Adds Part 10C, Youth Development Fund, to Article 3 of GS Chapter 143B. Establishes the Youth Development Fund (Fund) to be administered by the Department of Health and Human Services, Division of Social Services (Division) ad used to allocate funds to youth development boards. Requires each county board of commissioners to appoint a five member local youth development board, which makes gratns to each eligible youth development activity center. Defines a youth development activity center as a community center that provides a place where students from grades K‑12 receive counseling, mentoring, tutoring, and any other related services after school and during vacations from school. Prohibits no more than 10% of the funds from being used for administrative costs. Sets out the application process for the grants. Requires each local youth development board to monitor the success of the youth development activity centers awarded grants and report annually to the Division. Requires the Division to report annually to the Joint Legislative Oversight Committee on Health and Human Services on the revenues credited to the Fund, the youth development activity centers receiving grants from the Fund, the success of those programs, and the costs associated with administering the Fund.
Appropriates $20 million for 2016-17 from the General Fund to the Department of Health and Human Services, Division of Social Services, and $50 million adjusted to inflation, each fiscal year thereafter to fund the Youth Development Fund. Effective July 1, 2016.
S 678 (2015-2016) AMEND DEBT COLLECTION STATUTES. Filed Mar 26 2015, AN ACT TO AMEND THE DEBT COLLECTOR STATUTES TO MORE NEARLY CONFORM TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT.
Amends GS 75-50 to define location information.
Amends GS 75-53, which prohibits debt collectors from unreasonably publicizing information about a consumer's debt. Allows communication to third parties with the written permission of the debtor or his attorney (was, written permission given after default). Adds protections for collectors acting in good faith when communicating to the debtor's spouse or parent. Adds requirements to be met by the collector when making a communication for the purpose of obtaining location information about the debtor.
Amends GS 75-54 to provide that failing to disclose that the purpose of the communication is to collect a debt is not a deceptive representation if the communication is solely for the purpose of obtaining location information about the debtor.
Amends GS 75-55, which prohibits collecting a debt by using unconscionable means, to add that the statute does not prohibit the collection of filing fees, service fees, or other court costs. Provides that if a consumer decides to make arrangements to cure any existing default and resume payments, the debt collector is entitled to add the court costs to the balance of the loan.
| Intro. by Gunn, B. Jackson, D. Davis. | GS 75 |
S 679 (2015-2016) NC CONSUMER FINANCE ACT AMENDMENTS. Filed Mar 26 2015, AN ACT TO PROVIDE FOR THE RECOVERY OF COURT COSTS AND RELATED COSTS UPON VOLUNTARY DISMISSAL AT THE REQUEST OF A BORROWER OF AN ACTION TO RECOVER PAYMENTS DUE UNDER A LOAN GRANTED UNDER THE NORTH CAROLINA CONSUMER FINANCE ACT OR UPON REDUCTION OF A LOAN MADE UNDER THE ACT TO JUDGMENT; TO CLARIFY THE MULTIPLE LOAN LIMITATIONS UNDER THE ACT; TO CLARIFY THE STATUTE RELATED TO WHETHER OR NOT BORROWERS ARE MEMBERS OF THE MILITARY PRIOR TO MAKING LOANS UNDER THE ACT; AND TO MAKE TECHNICAL AND CONFORMING CHANGES TO THE ACT.
Enacts new GS 53-177(e), recovery of costs, providing that if a lender agrees, after a written request of the borrower, to take a voluntary dismissal of an action to recover payments due under a loan issued pursuant to this Article or if such a loan is reduced to a judgment, then the lender can recover the statutory court costs incurred as well as any other reasonable and bona fide costs incurred in the course of bringing action.
Amends GS 53-178, No further charges; no splitting contracts; certain contracts void, providing that the prohibition on further or other charges or insurance commissions, whether directly or indirectly contracted for, extends to affiliates, parents, subsidiaries, or licensees under same ownership, management, or control. Make technical and clarifying changes.
Repeals GS 53-179, concerning multiple-office loan limitations.
Amends GS 53-180.1 regarding the requirements and limitations of granting loans to military service members under the North Carolina Consumer Finance Act, providing that "military service member" includes a member of the Armed Forces who is on Active Guard and Reserve Duty as specified, with a rank of E4 or below (previously, did not include a rank cutoff). Deletes language which required licensees to confirm if the borrower is a military service member, and if so, document it in the individual's loan file.
Makes organization changes deleting language previously found in GS 53-180.1(b)(6) and putting it in new GS 53-180.1(b1), Reasonable Precautions to Identify Covered Members. Adds clarifying language that reasonable precaution can include obtaining a copy of a Department of Defense certificate verifying the borrower is not in the military, obtaining a copy of a military service member's most recent leave and earnings statement, or verification of income.
Amends GS 53-190, Loans made elsewhere, raising the monetary limitations amount for loan contracts made outside this state that can still be enforced in North Carolina to $15,000 or less (was, $10,000 or less). Further provides that if any lender or agent of a lender makes a loan contract outside this State in the amount of $15,000 or less (was, $10,000 or less), comes into the State to solicit or conduct activities in regard to such loan contract than they are subject to the requirements of GS Chapter 53, Article 15, the North Carolina Consumer Finance Act.
Effective July 1, 2015.
| Intro. by Gunn, Newton, D. Davis. | GS 53 |
S 681 (2015-2016) CONSUMER ACCESS TO CREDIT ACT. Filed Mar 26 2015, AN ACT TO ENACT THE CONSUMER ACCESS TO CREDIT ACT.
Enacts new GS 53-176.2 allowing consumer finance business licensees to make installment loans in amounts no less than $300 nor more than $1,500. Prohibits the terms of the loan from being less than 6 months nor more than 24 months. Prohibits making loans to a borrower who already has an outstanding loan with the licensee. Prohibits charging interest but allows imposing specified finance charges, including an investigation fee equal to 10% of the amount financed. Specifies fees that are allowed. Allows a borrower to rescind from a loan and recover fees paid to the lender without costs if done within the specified time frame. Specifies the notice that must be included in each loan agreement.
Effective July 1, 2015.
| Intro. by Gunn. | GS 53 |
S 682 (2015-2016) MODIFY SUNSET RE: CONTINGENT AUDITS. Filed Mar 26 2015, AN ACT TO LIMIT USE OF CONTINGENT-BASED CONTRACTS FOR AUDIT OR ASSESSMENT PURPOSES.
Amends Section 6 of SL 2012-152 concerning contingency fee-based contracts, providing, as specified, cities and counties cannot renew contingency fee-based contracts for the specified services or assign further audits on a contingency fee basis to an auditing firm as specified after July 1, 2013 (previously, the prohibition on such contracts ran from July 1, 2013, to July 1, 2015). Makes clarifying changes.
| Intro. by Gunn, Clark. | UNCODIFIED |
S 683 (2015-2016) ABOLISH CONSENT TO RATE FOR PROPERTY INS. Filed Mar 26 2015, AN ACT TO EXCLUDE RESIDENTIAL PROPERTY INSURANCE FROM CONSENT TO RATE PROVISIONS.
Amends GS 58-36-30, as the title indicates, excluding residential property with no more than four housing units. Applies to any residential property insurance policies issued on or after July 29, 2016.
| Intro. by Lee. | GS 58 |
S 684 (2015-2016) WAIVE JURY TRIAL/PROCEDURES. Filed Mar 26 2015, AN ACT TO PROVIDE THAT CERTAIN ITEMS MUST BE TAKEN INTO CONSIDERATION PRIOR TO CONSENTING TO A DEFENDANT'S REQUEST TO WAIVE THE RIGHT TO TRIAL BY JURY.
Adds a new subsection (c) to GS 15A-1201 to require that a trial judge do all of the following before consenting to a defendant' waiver of the right to trial by jury: (1) ask the prosecutor if the state objects to the waiver, and if the state does object, ask the prosecutor to provide the grounds for the state's objection; (2) personally address the defendant and ascertain as to whether the defendant fully understands and appreciates the consequences of waiving the right to trial by jury; (3) review the arguments from the state and the defendant regarding the defendant's waiver of a jury trial; and (4) determine if the defendant's waiver is offered in good faith or a tactic to obtain an otherwise impermissible procedural advantage.
Effective October 1, 2015, and applies to offenses committed on or after that date.
| Intro. by Lee. | GS 15A |
S 686 (2015-2016) LIMITED DRIVING PRIVILEGE CHANGES. Filed Mar 26 2015, AN ACT TO MODIFY THE GUIDELINES FOR ISSUANCE OF CERTAIN LIMITED DRIVING PRIVILEGES BY THE COURTS.
Amends GS 20-20.1(c) regarding the compliance period to provide that upon petition to the court for limited driving privileges, the judge may determine the effective date of the limited driving privilege and requires that the effective date be displayed on the face of the order (was, provided a table with specified time frames for the revocation period and the compliance period).
Amends GS 20-20.1(j) to fix the term of a limited driving privilege issued under this section at a period of one year (previously was the shorter of one-year or the length of time remaining in the statutorily designated revocation period). Provides that the petitioner may petition the court for an additional one-year term at the end of the current term. Makes the decision as to whether to reissue the limited privilege for an additional one-year term at the discretion of the court. Limits renewal of the limited privilege to only twice.
Effective December 1, 2015, and applies to limited driving privileges issued on or after that date.
| Intro. by D. Davis. | GS 20 |
S 687 (2015-2016) STUDY/TRANSFER GLOBAL TRANSPARK TO COMMERCE. Filed Mar 26 2015, AN ACT TO STUDY THE FEASIBILITY AND ADVISABILITY OF TRANSFERRING THE NORTH CAROLINA GLOBAL TRANSPARK AUTHORITY FROM THE DEPARTMENT OF TRANSPORTATION TO THE DEPARTMENT OF COMMERCE.
Requires the Department of Transportation, in consultation with the Department of Commerce, to study the feasibility and advisability of transferring the North Carolina Global TransPark Authority from the Department of Transportation to the Department of Commerce. Specifies five issues that must be included in the study. Requires the Department of Transportation to report its findings and recommendations to the Joint Legislative Transportation Oversight Committee no later than February 1, 2016.
| Intro. by D. Davis, Pate. | STUDY |
S 688 (2015-2016) 2015 TORT REFORM. Filed Mar 26 2015, AN ACT TO DIRECT THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ISSUES RELATED TO TORT REFORM.
As the title indicates.
| Intro. by Hartsell. | STUDY |
S 689 (2015-2016) PUBLIC INFRASTRUCTURE OVERSIGHT COMMISSION. Filed Mar 26 2015, AN ACT TO ESTABLISH THE JOINT LEGISLATIVE PUBLIC INFRASTRUCTURE OVERSIGHT COMMISSION.
Adds a new Article 12S to GS Chapter 120 to establish the 24-member Joint Legislative Public Infrastructure Oversight Commission (Commission).
Designates the membership of the Commission. Provides that there will be seven public members, with various specified areas of expertise, appointed to the Commission by the President Pro Tempore of the Senate (2), the Speaker of the House of Representatives (2), and the Governor (3). Requires that the public members must also be residents of North Carolina. Provides for the appointment of three Senate members by the President Pro Tem and three members by the Speaker, each of whom is to designate one of their appointees as a co-chair for the Commission. Specifies further membership.
Provides for the organization and functioning of the Commission, specifying term lengths of two years except for ex-officio members or their designees who serve until they are no longer in office or are replaced with another designee. Requires at minimum quarterly meetings and establishes that vacancies are to be filled in the same manner in which the original appointment was made.
Enunciates findings to support the need for the state to develop a comprehensive statewide policy and goals for the development and financing of public infrastructure.
States that the purpose of this Commission is to (1) inventory the assessments conducted by state agencies, local governments, and other entities; (2) develop a comprehensive statewide policy with short-term and long-term solutions for meeting critical infrastructure needs; and (3) identify dedicated sources of funding and methods to leverage private capital, including an infrastructure bank, to finance those needs.
Provides that the Commission has the powers of a joint commission under GS 120-19 through GS 120-19.4. Specifies what the Commission is authorized to do in conducting its duties. Directs the Commission to report annually by April 1 to the chairs of the House of Representatives and Senate Appropriations, the House of Representatives and Senate Finance Committees, and to the Governor. Provides that a report may contain any legislation needed to implement a recommendation of the Commission.
| Intro. by Hartsell. | GS 120 |
S 690 (2015-2016) LRC STUDY SCH. DIST. RESTRUCTURE/OPEN ENROLL. Filed Mar 26 2015, AN ACT TO HAVE THE LEGISLATIVE RESEARCH COMMISSION STUDY ISSUES RELATED TO OPEN ENROLLMENT AND RESTRUCTURING SCHOOL DISTRICTS.
As the title indicates.
| Intro. by Hartsell. | STUDY |
S 691 (2015-2016) STUDY INSURANCE RATE MAKING. Filed Mar 26 2015, AN ACT TO CREATE THE JOINT LEGISLATIVE STUDY COMMITTEE ON INSURANCE RATE MAKING.
Establishes the 10 member Joint Legislative Study Committee on Insurance Rate Making (Committee) to study: (1) the structure, function, and operations of the Rate Bureau with respect to auto and property insurance rate making; (2) the function and purpose of the specified consent to rate rate deviations and whether the current prevalence of this type of rate deviation conforms to that function and purpose, and alternatives that will adequately protect North Carolina property owners and drivers and maintain access to adequate choice in the insurance market; and (3) any other subject the Committee finds germane to an understanding of and basis for legislative proposals to revise the insurance rate‑making process in North Carolina. Requires the Committee to consist of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President Pro Tempore of the Senate. Specifies other provisions governing the Committee's functions. Requires the Committee to submit a final report to the 2015 General Assembly when it reconvenes in 2016, at which time the Committee terminates.
| Intro. by Lee, Apodaca. | STUDY |
S 692 (2015-2016) NUTRITIOUS FOOD REQUIREMENTS. Filed Mar 26 2015, A SENATE RESOLUTION URGING CONGRESS TO LIMIT THE TYPES OF FOOD ELIGIBLE FOR PURCHASE UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) TO NUTRITIOUS FOODS.
As title indicates.
| Intro. by Brock. | SENATE RES |
S 693 (2015-2016) UI AND WORKERS' COMP FOR NEWSPRINT EMPLOYEES. Filed Mar 26 2015, AN ACT TO PROVIDE ALL EMPLOYEES OF NEWS AND ADVERTISING EMPLOYERS WITH COVERAGE FOR UNEMPLOYMENT INSURANCE AND WORKERS' COMPENSATION.
As the title indicates.
| Intro. by Rucho, Apodaca. | GS 96 |
S 698 (2015-2016) LEGACY MEDICAL CARE FACILITY/CON EXEMPT. (NEW) Filed Mar 26 2015, AN ACT TO PROVIDE FOR CERTAIN EXEMPTIONS UNDER THE CERTIFICATE OF NEED LAW.
Requires the Office of Information Technology Services (OITS) to study the use of and cost savings associated with the adoption of utility‑based cloud computing services by State agencies, defining utility‑based computing to mean the process of providing computing service through an on‑demand, pay‑per‑use billing method, metering the offered services. Specifies items that must be included in the study. Requires the State Chief Information Officer to make a written report by October 1, 2015, to the Joint Legislative Oversight Committee on Information Technology on the results of the OITS review of utility‑based computing.
| Intro. by Hise. | STUDY |
The Daily Bulletin: 2015-03-31
LOCAL/HOUSE BILLS
H 70 (2015-2016) CHARLOTTE FIREFIGHTERS' RETIREMENT. Filed Feb 10 2015, AN ACT TO AMEND THE LAW ESTABLISHING THE CHARLOTTE FIREFIGHTERS' RETIREMENT SYSTEM.
House amendment to the 2nd edition makes technical changes to insert gender neutral language and to delete a reference to an expired deadline date.
| Intro. by Bishop | Mecklenburg |
H 111 (2015-2016) STANLY CO BD. OF ED. RECALL. Filed Feb 24 2015, AN ACT TO ALLOW THE RECALL OF MEMBERS OF THE STANLY COUNTY BOARD OF EDUCATION.
House amendment makes the following change to the 2nd edition. Provides that a vacancy caused by the removal of an official from office in a recall election is to be filled by appointment by the board of county commissioners of Stanly County for the remainder of the unexpired term of that office (was, provided that the vacancy be filled in the manner provided by law for filling vacancies in such office).
| Intro. by Burr. | Stanly |
H 188 (2015-2016) TRUSTEE APPOINTMENTS/ISOTHERMAL COMM. COLL. Filed Mar 10 2015, AN ACT TO CHANGE THE MANNER OF SELECTION OF CERTAIN MEMBERS OF THE BOARD OF TRUSTEES OF ISOTHERMAL COMMUNITY COLLEGE.
House committee substitute makes the following changes to the 1st edition.
Increases the number of members on the board of trustees for Isothermal Community College to 15 (was, 13).
Provides that there are to be seven trustees elected by the Rutherford County Commissioners. Directs the Rutherford County Commissioners to ensure that, among those appointments, at least one member has experience in small business, one member has experiences in private sector accounting or budgeting, and one member has experience in building maintenance or equipment.
Provides that there are to be three members elected by the Polk County Commissioners. Directs the Polk County Commissioners to ensure that, among those appointments, at least one member has experience in small business.
Retains provision from the first edition for four trustees appointed by the Governor and the president of the student government or the chair of the executive board of the student body as an ex-officio nonvoting member of the Board.
No longer includes any appointments to the Board of Trustees by the General Assembly.
Provides that the requirement to appoint members with certain background experiences must be met no later than July 1, 2018.
Continues to provide that this act applies only to Isothermal Community College.
| Intro. by Hager. | Rutherford, GS 115D |
H 388 (2015-2016) DARE COUNTY LOCAL OPTION SALES TAX. Filed Mar 30 2015, AN ACT TO MODIFY THE OPTIONS FOR LOCAL SALES TAXES FOR DARE COUNTY FOR DREDGING PURPOSES.
House committee substitute makes the following changes to the 1st edition.
Adds a new section, which provides that, notwithstanding the provisions of GS 105-466(c), during the 2015 calendar year a tax levied under GS Chapter 105, Article 46, can become effective on the first day of any calendar quarter so long as the county gives the Secretary at least a 75-day advance notice of the new tax levy.
| Intro. by Tine. | Dare |
H 388 (2015-2016) DARE COUNTY LOCAL OPTION SALES TAX. Filed Mar 30 2015, AN ACT TO MODIFY THE OPTIONS FOR LOCAL SALES TAXES FOR DARE COUNTY FOR DREDGING PURPOSES.
House amendment #1 makes the following changes to the 2nd edition:
Amends the effective date clause, adding language that provides that the Secretary of Transportation must notify both the Secretary of Revenue and the Dare County Board of Commissioners when the Bonner Bridge Replacement Project, including the removal of the existing bridge, is certified as complete. Also provides that any tax levied by resolution under GS 105-537(a)(2), as enacted by this act, will expire 90 days following the date the Secretary of Transportation certifies the project as complete (previously, provided that it expires a year following the completion of the Bonner Bridge replacement project).
| Intro. by Tine. | Dare |
H 411 (2015-2016) TOWN OF ANGIER/DEANNEXATION. Filed Mar 31 2015, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF ANGIER, AT THE REQUEST OF THE TOWN.
Removes specified property from Angier's corporate limits. Provides that the act has no effect on the validity of any liens of the Town of Angier for ad valorem taxes or special assessments outstanding before the effective date of this act. Such liens may be collected or foreclosed upon after the effective date of this act as though the property were still within the corporate limits of the Town of Angier. Effective June 30, 2015.
| Intro. by Lewis. | Harnett |
H 412 (2015-2016) DUNN ANNEXATION/HOLLY RIDGE ANNEXATION. Filed Mar 31 2015, AN ACT TO ANNEX CERTAIN DESCRIBED PROPERTY TO THE CITY OF DUNN AND TO ANNEX CERTAIN DESCRIBED PROPERTY TO THE TOWN OF HOLLY RIDGE.
As the title indicates. Effective July 1, 2015.
| Intro. by Lewis. | Harnett |
H 415 (2015-2016) FONTANA DAM/ESTABLISH ELECTRIC POWER BOARD. Filed Mar 31 2015, AN ACT TO AMEND THE CHARTER OF THE TOWN OF FONTANA DAM TO AUTHORIZE THE TOWN COUNCIL TO ESTABLISH AN ELECTRIC POWER BOARD TO MANAGE AND CONTROL THE TOWN'S ELECTRIC PUBLIC ENTERPRISE SERVICE.
Adds an Article to the Town of Fontana Dam's Charter, SL 2011-110, establishing the Town of Fontana Dam Electric Power Board, as the title indicates. Makes the new Article effective only if: (1) the Fontana Village Resort approves the transfer of the electric power grid under its ownership and control to the Town of Fontana Dam and (2) the Town Council of the Town of Fontana Dam, in its discretion and by majority vote, approves the operation of an electric utility system.
| Intro. by West. | Graham |
H 421 (2015-2016) FILL VACANCY ON BD OF COMM BY PARTY/CHATHAM. Filed Mar 31 2015, AN ACT TO REQUIRE THAT IN FILLING VACANCIES ON THE CHATHAM COUNTY BOARD OF COMMISSIONERS, THE PERSON RECOMMENDED BY THE PARTY EXECUTIVE COMMITTEE OF THE VACATING MEMBER BE APPOINTED.
Amends GS 153A-27.1 as the title indicates.
| Intro. by Reives. | Chatham |
H 426 (2015-2016) TOWN OF WELDON/DEANNEXATION. Filed Mar 31 2015, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF WELDON.
Removes described property from the Town of Weldon's corporate limits. Provides that the act has no effect upon the validity of any liens of the Town of Weldon for ad valorem taxes or special assessments outstanding before the effective date of this act and allows such liens to be collected or foreclosed upon after the effective date of this act as though the property were still within the corporate limits of the Town of Weldon. Effective June 30, 2015.
| Intro. by Wray. | Halifax |
H 427 (2015-2016) REPEAL PARTISAN ELECT'N/LEE CTY ED BD/SANFORD. Filed Mar 31 2015, AN ACT TO REPEAL THE LAWS PROVIDING FOR PARTISAN ELECTIONS FOR THE LEE COUNTY BOARD OF EDUCATION AND THE CITY OF SANFORD.
Repeals SL 2013-220, as title indicates.
| Intro. by Reives. | Lee |
H 431 (2015-2016) INCLEMENT WEATHER/CERTAIN SCHOOL SYSTEMS. Filed Mar 31 2015, AN ACT TO ALLOW THE STATE BOARD OF EDUCATION TO GRANT A WAIVER TO CERTAIN BOARDS OF EDUCATION TO ACCOMMODATE ADDITIONAL MAKEUP DAYS DUE TO SCHOOL CLOSINGS.
Amends GS 115C-84.2 to allow the State Board of Education to grant a waiver allowing the Ashe, Avery, and Watauga counties school administrative units to allow setting an opening school date no earlier than the Monday closest to August 12 (was, August 19), as the title indicates.
Applies beginning with the 2015-16 school year.
H 433 (2015-2016) INCREASE WILSON COUNTY OCCUPANCY TAX. Filed Mar 31 2015, AN ACT TO INCREASE THE AUTHORIZATION FOR WILSON COUNTY TO LEVY AN OCCUPANCY TAX.
Amends SL 1987-484, as amended, to allow the Wilson County Board of Commissioners to levy an additional room occupancy tax of up to 3%.
| Intro. by Farmer-Butterfield. | Wilson |
H 435 (2015-2016) MCDOWELL/BURKE FIRING FROM ROAD. Filed Mar 31 2015, AN ACT TO PROHIBIT THE DISCHARGE OF A FIREARM FROM, ON, OR ACROSS THE RIGHT-OF-WAY OF HIGHWAY 105 OR STATE ROAD 1238 IN BURKE AND MCDOWELL COUNTIES.
As title indicates. Makes a violation of the prohibition a Class 3 misdemeanor. Provides that the act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and other peace officers with general subject matter jurisdiction.
H 442 (2015-2016) SCHOOL CALENDAR FLEXIBILITY/DURHAM COUNTY. Filed Mar 31 2015, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO THE DURHAM COUNTY BOARD OF EDUCATION IN ADOPTING THE SCHOOL CALENDAR.
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided in GS 115C-84.2(d). Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
Amends GS 115C-84.2(d) as the title indicates. Deletes all provisions of subsection (d) except the authorization given to local boards of education to determine the opening and closing dates for public schools. This act applies only to the Durham County school administrative units beginning with the 2015-16 school year.
| Intro. by Luebke, Michaux, L. Hall, Meyer. | Durham |
H 444 (2015-2016) TOWN OF SHALLOTTE/DEANNEXATION. Filed Mar 31 2015, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF SHALLOTTE.
Removes specified property from the Shallotte corporate limits. Provides that this act has no effect upon the validity of any liens of the Town of Shallotte for ad valorem taxes or special assessments outstanding before the effective date of this act. Such liens may be collected or foreclosed upon after the effective date of this act as though the property described were still within the corporate limits of the Town of Shallotte. Effective June 30, 2015.
| Intro. by Iler. | Brunswick |
The Daily Bulletin: 2015-03-31
LOCAL/SENATE BILLS
S 252 (2015-2016) REPEAL CLAY COUNTY WILDLIFE EXCLUSION (NEW). Filed Mar 11 2015, AN ACT TO REPEAL A LOCAL ACT TO EXEMPT CLAY COUNTY FROM STATE WILDLIFE LAWS WITH RESPECT TO OPOSSUMS BETWEEN THE DATES OF DECEMBER 26 AND JANUARY 2.
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 105-322, deleting proposed changes that specified qualifications for individuals to be eligible for appointment to the special board of equalization. Now provides language that eligibility for appointment to the board will be determined by the board of commissioners.
| Intro. by Barringer, Stein. | Wake |
S 258 (2015-2016) PARTY EXEC. COMM./FILL VACANCY/WASHINGTON CTY. Filed Mar 11 2015, AN ACT TO REQUIRE THAT IN FILLING VACANCIES IN THE OFFICE OF SHERIFF OF WASHINGTON COUNTY, THE PERSON RECOMMENDED BY THE PARTY EXECUTIVE COMMITTEE OF THE VACATING MEMBER BE APPOINTED.
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Deletes proposed changes made to GS 153A-27.1(h), concerning vacancies on boards of commissioners in certain counties.
| Intro. by Smith-Ingram. | Washington |
ACTIONS ON BILLS
Actions on Bills: 2015-03-31
PUBLIC BILLS
H 39: LABOR/UP AMUSEMENT DEVICE PENALTIES.
House: Amend Adopted A1
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Engrossed
H 86: UTILITY LINE RELOACTION/SCHOOL BOARD.
House: Reptd Fav
House: Re-ref Com On Appropriations
H 106: AMEND BANKING COMMISSION MEMBERSHIP (NEW).
House: Passed 2nd Reading
House: Passed 3rd Reading
H 140: LINEMAN APPRECIATION DAY IN NC.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
H 156: LEGAL NOTICES/REQUIRE INTERNET PUBLICATION.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
H 185: REPEAL DCR'S OBSOLETE COMMS & LANGUAGE.-AB
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
H 187: STALKING BY GPS/CRIMINAL OFFENSE.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
H 232: STUDY/UPDATE BICYCLE SAFETY LAWS.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Passed 3rd Reading
H 241: DESTROY FIREARM/CRIME OF ASSAULT OR MURDER.
House: Reptd Fav
House: Re-ref Com On Appropriations
H 244: COMMUNITY CORR./INTERSTATE COMPACT/FUND.-AB
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 255: BUILDING CODE REG. REFORM.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Added to Calendar
House: Placed On Cal For 04/01/2015
House: Placed On Cal For 04/01/2015
H 264: COMMUNITY COLLEGES 403(B) PLAN.-AB
House: Reptd Fav
House: Re-ref Com On Appropriations
H 273: CLARIFY COND. DISCHARGE LAW/NO DWI EXPUNGE.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
H 274: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2015.-AB
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Added to Calendar
House: Passed 2nd Reading
House: Passed 3rd Reading
H 282: STREAMLINE SEIZED VEHICLE DISPOSAL.-AB
House: Reptd Fav
House: Re-ref Com On Finance
H 284: Civil Contempt/Jury Duty
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
H 291: HAZ. MATERIALS IN SAFE DEPOSIT BOX.-AB
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
H 293: ADOPTION LAW CHANGES.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Judiciary II
H 297: END MARKETING/SALE UNBORN CHILDREN BODY PARTS (NEW).
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Judiciary I
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Judiciary I
H 358: SCHOOL PERFORMANCE GRADE SCALE.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Added to Calendar
House: Passed 2nd Reading
House: Passed 3rd Reading
H 364: CLARIFY LAWS ON EXEC. ORDERS AND APPOINTMENTS.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
H 390: BEAUFORT CO. CC/WASHINGTON CO.
House: Passed 1st Reading
House: Ref To Com On Education - Community Colleges
H 391: REDUCE ABC FEES PAID BY VFW POST.
House: Passed 1st Reading
House: Ref to the Com on Alcoholic Beverage Control, if favorable, Finance
H 395: BODY AND DASHBOARD CAMERAS/LAW ENFORCEMENT.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 396: CC INNOVATIVE PILOT PROGRAM.
House: Passed 1st Reading
House: Ref to the Com on Education - Community Colleges, if favorable, Appropriations
H 397: CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS.
House: Passed 1st Reading
House: Ref To Com On Judiciary II
H 398: INCREASE ERRONEOUS CONVICTION COMPENSATION.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 399: YOUNG OFFENDERS REHABILITATION ACT.
House: Passed 1st Reading
House: Ref To Com On Judiciary II
H 401: AUTHORIZE DATA SHARING FOR NCLDS.
House: Filed
H 402: STUDY MUNICIPAL ELECTIONS IN EVEN YEARS.
House: Filed
H 403: POLE ATTACHMENT COMPENSATION.
House: Filed
H 404: TREASURER MODERNIZATION ACT.
House: Filed
H 405: PROPERTY PROTECTION ACT.
House: Filed
H 406: MILITARY APPRECIATION MONTH.
House: Filed
H 407: HOUSING AUTHORITY TRANSFERS (NEW).
House: Filed
House: Filed
H 408: ADOPTION/POST-ADOPTION SERVICES STUDY COMM.
House: Filed
H 409: DESIGNATE OFFICIAL FALL FESTIVAL.
House: Filed
H 410: OCC. LIC./REFRIGERATION EXAM. BOARD CHANGES.
House: Filed
H 413: EXPAND GRANDPARENT VISITATION RIGHTS.
House: Filed
H 414: GREENSBORO WOMEN'S RESOURCE CENTER/FUNDS.
House: Filed
H 416: SAMPSON COUNTY HISTORY MUSEUM FUNDS.
House: Filed
H 417: MENTAL HEALTH WORKERS' BILL OF RIGHTS.
House: Filed
H 418: DISPLACED RESIDENTIAL LAND TAX DEFERRAL.
House: Filed
H 419: PROTECT OFFICERS FROM RETALIATION.
House: Filed
H 420: STUDENTS W/DYSLEXIA AND DYSCALCULIA.
House: Filed
H 422: AMEND FUNERAL PROCESSION LAW.
House: Filed
H 423: INCREASE CONTRIBUTORY DEATH BENEFIT.
House: Filed
H 424: PROHIBIT UNLAWFUL CUSTODY TRANSFER OF CHILD (NEW).
House: Filed
House: Filed
H 425: SOUTH CALDWELL HIGH SCHOOL SPECIAL PLATE.
House: Filed
H 428: PERMANENT PLATES/CHARTER SCHOOLS.
House: Filed
H 429: AMEND MED. MAL. HEALTH CARE PROVIDER DEFIN.
House: Filed
H 430: COUNTY OMNIBUS LEGISLATION.
House: Filed
H 432: COUNTIES/INTERNET INFRASTRUCTURE.
House: Filed
H 434: HANDICAP PLACARD/MED. RECERTIFICATION.
House: Filed
H 436: UNAUTHORIZED PRACTICE OF LAW CHANGES.
House: Filed
H 437: CREATE PERMIT EXEMPTIONS/HOME RENAL PRODUCTS.
House: Filed
H 438: MODIFY UTILITY ACCOUNT.
House: Filed
H 439: COMPETENCY-BASED ASSESSMENTS.
House: Filed
H 440: EXPAND OUTDOOR FOOD SERVICE AT PUBLIC EVENTS.
House: Filed
H 441: CONCEALED CARRY/LEGISLATIVE BUILDING.
House: Filed
H 443: NONDISCRIMINATION IN PUBLIC EMPLOYMENT.
House: Filed
H 445: REORGANIZE CRIM. JUST. STANDARDS COMM.
House: Filed
H 446: AMEND STATUTES GOVERNING BAIL BONDSMEN.
House: Filed
H 447: DROPOUT PREV. & RECOVERY PILOT EXPANSION.
House: Filed
H 448: EXTEND COAL ASH STRUCTURAL FILL MORATORIUM.
House: Filed
H 449: STRENGTHEN LAW ENFORCEMENT ACCESS/DV CRIMES.
House: Filed
H 450: APPROPRIATE FUNDS FOR TOBACCO USE PREVENTION.
House: Filed
H 451: LRC/STUDY SUICIDE PREVENTION.
House: Filed
H 452: MECKLENBURG AND WAKE LIBRARY FUNDING.
House: Filed
H 453: KAPPA ALPHA PSI SPECIAL LICENSE PLATE.
House: Filed
S 14: ACAD. STANDARDS/RULES REVIEW/COAL ASH/FUNDS.
Ratified
S 20: IRC UPDATE/MOTOR FUEL CHANGES. (NEW)
Senate: Conf Report Adopted 3rd
House: Conf Report Adopted 3rd
Senate: Ordered Enrolled
Ratified
Pres. To Gov. 03/31/2015
Signed by Gov. 3/31/2015
Ch. SL 2015-2
S 105: REPORT NO. VETERANS FILING TAX RETURNS. (NEW)
House: Passed 1st Reading
House: Ref To Com On Commerce and Job Development
House: Passed 1st Reading
House: Ref To Com On Commerce and Job Development
S 112: COMM. FISHING COURSES/COASTAL COLLEGES.
House: Passed 1st Reading
House: Ref To Com On Education - Community Colleges
S 176: CHARTER SCHOOL GRADE LEVEL EXPANSION.
House: Passed 1st Reading
House: Ref To Com On Education - K-12
S 290: ALLOW EARLY REFILLS OF PRESCRIPTION EYE DROPS.
Senate: Reptd Fav
Senate: Re-ref Com On Appropriations/Base Budget
S 305: NCEMPA ASSET SALE.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Added to Calendar
House: Passed 2nd Reading
S 379: CEMETERIES LOCATED ON STATE PROPERTY.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Actions on Bills: 2015-03-31
LOCAL BILLS
H 70: CHARLOTTE FIREFIGHTERS' RETIREMENT.
House: Amend Adopted A1
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Engrossed
H 110: CHEROKEE/RUTHERFORD/CLAY BDS. OF ED. ELECTIONS. (NEW)
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Passed 2nd Reading
House: Passed 3rd Reading
H 111: STANLY CO BD. OF ED. RECALL.
House: Amend Adopted A1
House: Passed 2nd Reading
House: Passed 3rd Reading
House: Ordered Engrossed
H 112: STANLY CO BD OF ED ELECTION METHOD.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 188: TRUSTEE APPOINTMENTS/ISOTHERMAL COMM. COLL.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Added to Calendar
House: Postponed To 04/01/2015
H 189: ROCKINGHAM CO. SCHOOL BD.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 199: CERTAIN CITIES/DONATE SERVICE ANIMALS.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 204: CASWELL BEACH/QUICK TAKE EMINENT DOMAIN.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
H 243: LOCAL MOD: ECONOMIC DEVELOPMENT COMMISSIONS.
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
H 263: CITY ELECTIONS/TRINITY AND GREENSBORO
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
House: Regular Message Sent To Senate
Senate: Regular Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On State and Local Government
H 279: WAKE CTY LOCAL BOARD OF EQUALIZATION/REVIEW.
House: Passed 2nd Reading
House: Passed 3rd Reading
H 386: HOPE MILLS/SPRING LAKE/SATELLITE ANNEXATIONS (NEW).
House: Passed 1st Reading
House: Ref to the Com on Local Government, if favorable, Finance
H 387: SCHOOL CALENDAR FLEX./CERTAIN COUNTIES.
House: Passed 1st Reading
House: Ref To Com On Education - K-12
H 388: DARE COUNTY LOCAL OPTION SALES TAX.
House: Reptd Fav Com Substitute
House: Cal Pursuant Rule 36(b)
House: Added to Calendar
House: Amend Adopted A1
House: Passed 2nd Reading
House: Ordered Engrossed
H 389: ROANOKE ISLAND FIRE DISTRICT CHANGES.
House: Passed 1st Reading
House: Ref to the Com on Local Government, if favorable, Finance
H 392: FAYETTEVILLE CHARTER/PWC CHANGES.
House: Passed 1st Reading
House: Ref to the Com on Local Government, if favorable, Finance
H 393: TRI-COUNTY CC/BD. OF TRUSTEES.
House: Passed 1st Reading
House: Ref To Com On Education - Community Colleges
H 394: INCREASE OPTIONS FOR LOCAL OPTION SALES TAX.
House: Passed 1st Reading
House: Ref To Com On Finance
H 400: TOWN OF MINT HILL/ANNEXATIONS.
House: Passed 1st Reading
House: Ref to the Com on Local Government, if favorable, Finance
H 411: TOWN OF ANGIER/DEANNEXATION.
House: Filed
H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.
House: Filed
House: Filed
H 415: FONTANA DAM/ESTABLISH ELECTRIC POWER BOARD.
House: Filed
H 421: FILL VACANCY ON BD OF COMM BY PARTY/CHATHAM.
House: Filed
H 426: TOWN OF WELDON/DEANNEXATION.
House: Filed
H 427: REPEAL PARTISAN ELECT'N/LEE CTY ED BD/SANFORD.
House: Filed
H 431: INCLEMENT WEATHER/CERTAIN SCHOOL SYSTEMS.
House: Filed
H 433: INCREASE WILSON COUNTY OCCUPANCY TAX.
House: Filed
H 435: MCDOWELL/BURKE FIRING FROM ROAD.
House: Filed
H 442: SCHOOL CALENDAR FLEXIBILITY/DURHAM COUNTY.
House: Filed
H 444: TOWN OF SHALLOTTE/DEANNEXATION.
House: Filed
S 140: LAKE SANTEETLAH OCCUPANCY TAX AUTHORIZATION.
House: Passed 1st Reading
House: Ref to the Com on Local Government, if favorable, Finance
S 156: MT. GILEAD CHARTER REVISION & CONSOLIDATION.
House: Passed 1st Reading
House: Ref To Com On Local Government
S 181: WAKE COUNTY COMMISSIONER DISTRICTS.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 04/01/2015
S 215: ABOLISH BRUNSWICK COUNTY CORONER.
Senate: Reptd Fav
Senate: Re-ref Com On Judiciary I
S 247: RALEIGH/DONATE SERVICE ANIMALS TO OFFICERS.
Senate: Reptd Fav
S 248: TOWN OF CARY/RELEASE UNNEEDED EASEMENTS.
Senate: Reptd Fav
S 249: ZONING/RECREATIONAL LAND REQ.-MORRISVILLE.
Senate: Reptd Fav
Senate: Re-ref Com On Judiciary II
S 252: REPEAL CLAY COUNTY WILDLIFE EXCLUSION (NEW).
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
S 258: PARTY EXEC. COMM./FILL VACANCY/WASHINGTON CTY.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
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