Enacts new GS 75-67 in Article 2A, Identity Theft Protection Act, in GS Chapter 75. Subsection (a) of GS 75-67 requires that a person who owns or operates a scanning device or an automated banking device to ensure that the device is not capable of accepting a financial transaction card unless the card user first enters the five-digit zip code of the cardholder's billing address. Subsection (b) of this section makes it an infraction as defined in GS 14-3.1 for a person to violate the previously stated requirement. Sets the penalty for a violation of this requirement at $500 per violation and caps the amount at no more than $500 in any calendar month or $2,000 in any calendar year. Provides that a person who receives a citation for violating GS 75-67(a) is not subject to the penalty under subsection (b) if the person complied with this statute within 30 days of the issuance of the citation and has remained in compliance. Subsection (c) defines the following terms as having the same meaning as in Article 19B of GS Chapter 14: (1) automated banking device, (2) cardholder, (3) financial transaction card, (4) presenting, and (5) scanning device. Effective July 1, 2015.

Amends GS 75-67(a), as enacted by Section 1 of this act, effective October 1, 2016, to add the requirement that the owner or operator of a scanning device or an automated banking device ensure that the device is not capable of accepting a financial transaction card unless the card user first enters the five-digit zip code of the cardholder's billing address and the cardholder's personal identification card. Amends subsection (c) to add that the termpersonal identification codealso has the same meaning as in Article 19B of GS Chapter 14.

Amends GS 14-113.17, effective December 1, 2015, to make a person subject to the punishment and penalties of Article 19B, Financial Transaction Card Crime Act, guilty of a Class I felony (was, a Class 2 misdemeanor). Provides that a crime punishable under Article 19B is punishable as a Class G felony (was, a Class I felony).

Establishes four new prohibitions related to the manufacture, promotion, sale, and distribution of personal care products containing synthetic plastic microbeads. Makes the prohibitions effective as of the following dates:

• December 1, 2017: Manufacturing of personal care products containing the microbeads is prohibited, except for an over-the-counter drug.
• December 1, 2018: The sale, promotion, and distribution of personal care products containing the microbeads is prohibited, except for an over-the counter drug. Manufacturing of over-the-counter drugs containing the microbeads is prohibited.  
• December 1, 2019: The sale, promotion, and distribution of over-the-counter drugs containing the microbeads is prohibited.

Defines key terms, including personal care product, over-the counter drug, plastic, and synthetic plastic microbeads. Effective October 1, 2015.

 

In addition to established provisions regarding notice of automatic contract renewal provisions, enacts new subsection GS 75-41(b1), concerning contracts between providers of products or services and consumers, establishing that contracts with automatic renewal provisions are only enforceable if, no less than 15 days nor more than 30 days prior to the automatic renewal, the provider of the products or services issues written notice to the consumer that the contract will automatically renew unless the contract is canceled. 

Under current law, the provisions of GS 75-41 do not apply to insurers licensed under GS Chapter 58 or to banks, trust companies, savings and loan associations, savings banks, or credit unions meeting specified licensing requirements.

Amends GS 93E-1-7 concerning real estate appraiser registration and licensing, adding a new subsection (e) to declare that real estate appraisers that are properly licensed and certified in accordance with GS 93E provide professional services and as such are subject to the provisions of GS 105-41, concerning privilege taxes for professionals. 

Requires that before a city or county may issue a permit for the construction, reconstruction, alteration, repair, movement, removal, or demolition of a building pursuant to either GS 160A-417 (municipal) or GS 153A-357 (county) that involves:

• construction of water or sewer lines or related facilities
• public or private storm drainage, or
• stormwater systems,

the city or county must receive a plat that includes specific information about the pipes to be used and the plans for placement of the pipes.

Also adds new statutes, GS 153A-363.1 (county) and GS 160A-423.1 (municipal), requiring post-construction drawings to be submitted that include the same information that was required in the plat before a certificate of compliance can be issued.

Effective October 1, 2015. 

Appropriates $600,000 from the General Fund to the Department of Commerce for 2015-16 to be used as title indicates.

To be summarized.

Amends GS 58-71-1, adding the following terms for use in Article 71, Bail Bondsmen and Runners, of GS Chapter 58: (1) address, (2) approved provider, (3) cash deposit, and (4) personal identification.

Amends GS 58-71-20 to provide that if any indemnitor (a person or company bound by an indemnity contract to protect the surety's interest should the defendant default on the bond) presents a notarized request to the surety or surety's agent to terminate the bond and the indemnitor's liability, the defendant may be surrendered without the return of the premium for the bond.

Amends GS 58-71-30 to clarify that a judicial officer is to order the arrest of a defendant upon receiving the request to order the arrest from the surety or the surety's agent and the certified copy of the undertaking.

Amends GS 58-71-71 to require that the 12 hours of education necessary to be eligible to take the licensing exam as a bail bonds person or runner under GS 58-71-70 and the annual three hours of continuing education required for license renewal may be provided by an approved provider (was, specified that the provider had to be the North Carolina Bail Agents Association). Requires that the educational courses offered by the approved providers must be approved by the Commissioner of Insurance before they may be offered and no approved providers may offer courses without the authorization of the Commissioner.

Amends GS 58-71-141 to require that if a surety bonds person does not owe any premium or unsatisfied judgments, then a former insurer must release the bonds person by certifying that status to the Commissioner by email, fax, or mail and must also provide a corresponding notice of release to the bonds person within three days of the surety bonds person's affidavit. Provides that if the surety bonds person does owe any premium or unsatisfied judgments, then the former insurer must submit the notice and supporting documents, including evidence of the owed premium or unsatisfied judgments to the appointing insurer, the surety bonds person, and the Commissioner within 10 days (was, 30 days) after the former insurer receives the affidavit from the surety bonds person. Provides that for the purposes of this statute, owed premium and unsatisfied judgments only apply to insurers and not general agents, managing general agents, or supervising agents.

Makes a clarifying change to the definition for bail bond in GS 15A-531(4).

Becomes effective October 1, 2015.

Enacts new Article 9, Roofing Contractors, in GS Chapter 75, setting out key terms for use in the section, including nonresident roofing contractor, public contract, and roofing contractor. Provides that the Article is to be in addition to, not in lieu of, a required licensure.

Prohibits roofing contractors from performing four specified acts, including providing anything of value in exchange for allowing the contractor to display advertisement on the consumer's premises. Requires written contracts for roofing repairs and specifies items to be included in those contracts, including a specific notice of cancellation. 

Allows a consumer who has entered into a written contract with a roofing contractor for goods or services to be paid from the proceeds of a property and casualty insurance policy to cancel the contract prior to midnight of the third business day after the consumer receives notice that all or part of the claim or contract is not covered under the insurance policy. Provides further requirements for such a cancellation and procedures for the refund of payments to consumers. Requires contractors to return any payments made to the consumer within 10 days of contract cancellation. 

Provides that a violation of this Article will be considered an unfair and deceptive trade practice under GS 75-1.1.

Effective October 1, 2016. 

Directs the Division of Motor Vehicles (DMV) in consultation with the Division of Air Quality of the Department of Environment and Natural Resources to undertake a study for the purposes and issues the bill title indicates. Requires the DMV to report its findings and recommendations, including any legislative proposals, to the Joint Legislative Transportation Oversight Committee no later than February 1, 2016.

Enacts new Article 1B of Chapter 90 to permit health care providers to prescribe epinephrine auto-injectors to "authorized entities" and to permit pharmacists and health care providers to dispense pursuant to such prescriptions.  The term authorized entity is defined as an entity or organization (other than a school) where allergens capable of causing anaphylaxis may be present, such as camps, colleges, day care facilities, and amusement parks.

Allows authorized entities to maintain a supply of the auto-injectors. Allows employees or agents of the entities to administer an auto-injector to a person who appears to be experiencing anaphylaxis or to provide the auto-injector directly to that person or to a parent, guardian, or caregiver of that person.

Requires anaphylaxis training for designated employees or agents. Specifies required content for the training and authorized providers.

Provides immunity for authorized entities and their employees or agents, health care providers who prescribe the auto-injectors, pharmacists who fill the prescription, and any person who provides the anaphylaxis training. Also limits liability for authorized entities for acts occurring outside the state. 

Provides that the administration of an auto-injector does not constitute the practice of medicine.

Effective October 1, 2015. 

Amends GS 55-7-40.1, the definitions section for the provisions concerning shareholder derivative suits, adding a new key term complaint, a civil complaint filed in a derivative proceeding, and making clarifying changes to the terms derivative proceeding and shareholder.

Renames GS 55-7-42 to Demand; rejection of demand (was, Demand). Clarifies provisions regarding the commencement of a derivative proceeding by a shareholder, including a new exception to the 90-day wait period after a written demand was made, when a shareholder alleges with particularity and the court determines that imminent irreparable injury to the corporation will result by waiting for the expiration of the 90-day period. Sets out other provisions providing that failure of the corporation to respond to a demand cannot be deemed to be a decision or acknowledgment that the derivative proceeding is in the best interest of the corporation. Also requires the corporation to promptly provide written notice of any rejection of the demand. 

Amends GS 55-7-43 concerning the stay of proceedings in shareholder derivative suits, providing that when the corporation commences an inquiry into the allegations as provided for in a demand or complaint as specified, then the court must stay the proceeding for a reasonable time period while the inquiry is completed and the results are presented to the court (previously, allowed, but did not require, a stay). Makes clarifying changes. Adds language detailing when a corporation or other defendant can move to dismiss complaints pursuant to the dismissal provisions found in GS 55-7-44(a)(4) or (5). Provides that upon such a motion, discovery is stayed until the motion is ruled on, except for discovery permitted pursuant to GS 55-7-44(a), as amended in this act. 

Deletes all of the provisions of GS 55-7-44 in their entirety concerning the dismissal of derivative proceedings. Adds new language setting out five circumstances where the court must dismiss a derivative proceeding on motion by the corporation or any other defendant, including that the corporation institutes its own proceeding to address or seek relief on account of, or with respect to, the allegations in the demand or the complaint or the court determines that the proceeding should be dismissed for failure to state a claim for which relief can be granted. 

Sets out provisions governing inquiries by the corporation in response to a demand or complaint providing that such an inquiry can be conducted by directors, officers, employees, attorneys, or agents acting as authorized by the corporation. Provides for the appointment of a committee of one or more qualified directors as specified. Also allows for the court to appoint a panel of one or more individuals to direct the inquiry with the end of determining if the derivative proceeding is in the best interest of the corporation. Sets out the following terms for use in this section: material interest, material relationship, and qualified director.

Amends GS 55-7-45(a) concerning the discontinuance or settlement of derivative proceedings, clarifying that notices providing that the discontinuance or settlement will substantially affect shareholder interests can be provided in any method approved by the court, including through publication of a press release by a news release service for a public corporation. 

Amends GS 55-7-47 concerning foreign corporations, providing that the repose period provided for in GS 55-7-48(2) only applies to a foreign corporation if its principal office is in North Carolina.

Amends GS 55-7-48, clarifying requirements of plaintiffs in derivative proceedings brought on behalf of a public corporation against directors for monetary damages, providing that, upon the motion of the corporation at any time prior to a final resolution, the plaintiff must execute and deposit with the clerk of court a written undertaking as specified to indemnify the corporation against reasonably expected expenses, including attorneys' fees. Provides that the court must consider if the derivative proceeding appears to have been commenced or maintained without reasonable cause or for an improper purpose in deciding whether to require such undertaking or surety.

Repeals GS 55-8-25(b1), concerning the creation and appointment of a committee pursuant to GS 55-7-44(b)(2), (concerning dismissal of a proceeding by vote of a committee). 

Effective October 1, 2015, applying to demands made and complaints filed on or after that date.

 

Enacts new Article 23A in Chapter 90 which authorizes, but does not require, a manufacturer of an investigational drug, biological product, or device to make it available to certain terminally ill patients (defined as eligible patients). Authorizes the manufacturer to provide the investigational treatment with or without charge to the eligible patient but relieves heirs of any outstanding debt related to the treatment if the eligible patient dies.

Prohibits licensing boards and entities responsible for Medicare certification from taking action against a provider solely because the provider recommended the investigational treatment to the eligible patient. 

Prohibits state officials, employees, and agents from blocking or attempting to block access to investigational treatment.

Prohibits private causes of action against manufacturers or people involved with the treatment for harm caused to an eligible patient who participates in the treatment as long as the manufacturer or person made a good-faith effort to comply with the law.

Provides that the law does not affect a health plan's obligation to provide coverage for investigative treatments.

Effective October 1, 2015.

Enacts new GS 116-11.3 to create a fixed-tuition program to be offered to freshman undergraduate students in the constituent institutions of the University of North Carolina. The cost of the program may vary by institution. In the program, the tuition will stay the same for 12 consecutive semesters (including summers) as long as the student remains enrolled consecutively and remains in good standing. Allows the tuition period to be tolled in certain circumstances. Requires that fees charged to a student in the fixed tuition program be the same as those charged to other students.

Effective when the act becomes law and applies to academic years beginning after July 1, 2016.

Furthers the transition in all of North Carolina's K-12 public schools to personalized digital learning as the title indicates. Includes a sequence of "whereas" clauses that set out the policy rationale and educational goals and purposes of the transition to personalized digital learning in the state's K-12 schools.

Declares that it is the intent of this act to create programs to advance and accelerate the transition to and implementation of digital learning statewide. Acknowledges that the transition to the use of digital tools in the education system will impact all aspects of education, including (1) course content, (2) teaching methods, (3) where and when learning takes place, (4) the resources required, and (5) defining and measuring success.

Directs the State Board of Education (SBE) to take the following steps to accomplish the transition to digital learning in the state's K-12 schools: (1) expand the School Connectivity Initiative, (2) establish a collaborative procurement service, (3) expand access to Digital Learning resources, (4) support and provide professional development for education leaders, and (5) establish a grant program to support the development and dissemination of model digital learning innovations.

Section 7 of this act directs the SBE to contract with the Friday Institute for Educational Innovation, as part of North Carolina State University, to establish the North Carolina Digital Learning Initiative (NCDLI). Requires the NCDLI to report to the SBE, Special Committee on Digital Learning, by January 1, 2016, and annually thereafter on the activities set forth in Section 7.

Declares that the provisions of this act are subject to the availability of funds for these purposes.

As title indicates. 

Identical to S 541 filed on 3/26/15.

Enacts new GS Chapter 20, Article 10A, concerning the regulation of transportation network companies (TNC), setting out definitions for use in this section, includingprearranged transportation services, transportation network company (TNC),TNC driver (driver), andTNC service (service). Provides that TNCs must hold a valid permit and continuously meet the the requirements of this Article to operate in North Carolina. Sets out four regulations for charging fees for use of the service, including that the TNC discloses the fee calculation method via its online application (app) prior to a ride request, the app provides an estimated fee before a ride request is completed, that the TNC sends an electronic receipt to the customer containing the specified information, and the fee must be paid electronically. Authorizes a driver to provide the service for compensation in North Carolina as well as to provide other services if the requirements are met to operate as a for-hire passenger vehicle.

Sets out provisions for obtaining the required permit to operate as a TNC in North Carolina, including paying a $5,000 nonrefundable application fee to the Department of Motor Vehicles (DMV). Requires the permit to be renewed annually for $5,000. Sets out the information that is required to apply for the above permit, including proof of the specified insurance requirements, resident agent for service of process, and proof of registration with the Secretary of State to do business in the State.

Provides financial responsibility provisions, requiring TNCs to provide liability insurance for bodily injury or death of others and for injury or destruction of property while a car is used in the service in the amount equal to or greater than $1.5 million. Requires the TNC to provide liability insurance for each vehicle utilized by the driver while the driver is available on the  TNC's app subject to specific limits.

Requires the TNC to disclose in writing to its drivers specified insurance information, including the insurance coverage limits of liability that the TNC provides, and also state that the driver's personal automobile insurance may not provide required or optional coverage when the driver uses a vehicle in connection with a company's online application or platform.

Specifies safety requirements for TNCs and drivers, including a requirement that TNCs require their drivers to have their vehicles inspected annually. Also requires the TNC app to provide specified information after a ride request has been accepted by a driver, including license plate number of the driver's vehicle, a description of the driver's vehicle, and approximate location of the driver's vehicle displayed on a map. Requires a TNC to maintain  records of each TNC service provided for one year from the date of the service and the record of each driver for one year from the date the driver terminated their relationship with the TNC.

Requires TNCs, before permitting an individual to act as a driver, to submit an application, including, at a minimum, the address, age, driver's license number, driving history, vehicle registration, and liability insurance information. Also requires a TNC to (1) conduct, or have a third party conduct, a local and national criminal history records check for each applicant, using specified databases and (2) obtain and review a driving record check for each applicant.

Provides seven conditions where if applicable to an applicant or his or her record, then a TNC is prohibited from approving that individual's application to be a driver, including that the applicant does not possess a valid driver's license, is a match in the National Sex Offender Registry, or is not at least 19 years old. Conditions also include various moving violations and criminal offenses.

Authorizes the DMV to issue regulations to implement GS Chapter 20, Article 10A.

Includes a rebuttable presumption that drivers are independent contractors.

Prohibits the regulation of TNCs or services by any other law, regulation, or authority in North Carolina.

Amends GS 20-4.01(27), the definition for passenger vehicles, making technical changes and adding language that provides that vehicles operated in a TNC service under GS Chapter 20, Article 10A, are considered as for-hire passenger vehicles.

Amends GS 20-87 making conforming and clarifying changes.

Amends GS 153A-134 and GS 160A-194, updating language by deleting "digital dispatching services for prearranged transportation services for hire" and replacing it with "A TNC service regulated under Article 10A of Chapter 20 of the General Statutes."

Amends GS 160A-304, Regulation of taxis, making technical changes reflecting the new provisions regulating TNCs and TNC services.

Effective July 1, 2015.