House committee substitute amends the 1st edition as follows.

Reenacts GS 115C-105.41 (repealed in the 1st edition). Instead repeals the provisions of GS 115C-105.41, which required the development of personal education plans (PEPs) for students deemed to be at risk of academic failure. Replaces the requirement to provide PEPs for academically failing students with the requirement that local boards of education adopt and implement rules that direct school improvement teams to consider transition plans for at-risk students, as defined by the State Board of Education. Provides that the transition plans are to be used to assist at-risk students in making a successful transition between the elementary and middle school years and between the middle and high school years. Also retains language regarding the need for local school administrative units to identify students who are at risk for academic failure as early as can reasonably be accomplished.

Amends the catch line for GS 115C-15.41 and the long and short titles of this act to reflect the changes in bill content.

House amendments make the following changes to the 3rd edition.

Amendment #1

Amends the membership of the Building Code Committee to be nine members (was, eight members). Provides that one of the members of the Committee must be a licensed general contractor. 

Amendment #2

Adds language to proposed GS 143-136(c) and (d) concerning recommendations by the Residential Code Committee and the Building Code Committee, providing that the Building Code Council can accept, reject, or amend any recommendation provided that such changes are germane.  

Amendment #3

Amends the membership of the Residential Code Committee to be six members (was, five members). Provides that one of the members of the Committee must be a fire service representative.

Committee substitute to the 1st edition changed the long title.

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

Amends GS 115D-12(a) to provide that the four trustees elected to the managing board of the Beaufort County Community College from the group two designation, are appointed by the board of commissioners of the county in which the main campus of the institution is located (previously, language stated they were appointed by the board in the county where the institution was located, with provisions for institutions in more than one county).

Makes conforming changes. 

House committee substitute makes a change to the 1st edition.

Amends GS 160A-636 regarding voting and action by the Board of Trustees of the Regional Transportation Authorities. Deletes subsection (c) which called for the chairperson to cast the deciding vote in the event of a tie vote.

Amends GS 143-59 to require the Secretary of Administration and any state agency, for any contract for food, supplies, materials, equipment, printing, or services, to give the lowest responsible, responsive resident bidder up to three business days to match the bid of the lowest, responsive nonresident bidder if the resident bidder's bid is within 5% or $10,000, whichever is less, of the nonresident bidder's bid. Provides that if the bid is matched, the lowest responsible, responsive resident bidder must be given the preference authorized in subsection (a) of GS 143-59. Amends the definition of resident bidder to be a bidder that has paid unemployment or income taxes in the state or (was, and) whose principal place of business is in the state. Effective July 1, 2015, and applies to all bids received on or after that date.

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Amends G.S 7B-101 to add definitions for Department and nonrelative kin.

Amends G.S. 7B-401.1 to specifically address when a foster party may move to intervene in an A/N/D proceeding.

Amends G.S. 7B-502 to allow a nonsecure custody order to be entered ex parte and requires telephonic notice to a respondent’s attorney or the attorney’s office of the intent to seek a nonsecure custody order if the department has written notice that the respondent has an attorney for the juvenile matter, or if there is an attorney for the respondent in a juvenile proceeding involving another child within the same county.

Amends G.S. 7B-505 to comply with federal law by requiring the department, unless contrary to the child’s best interests, to make diligent efforts to notify relatives and custodial parents of the juvenile’s siblings that the juvenile is in nonsecure custody, and to consider placement with  a custodial parent of the juvenile’s sibling.

Enacts G.S. 7B-505.1 to address medical consent issues for a juvenile who is placed in nonsecure custody with a department of social services. It also addresses disclosure of confidential medical information and provides immunity for a director who acts in good faith.

Removes from G.S. 7B-506(h)(2a) the definition of nonrelative kin. 

Amends G.S. 7B-507 by limiting the application to nonsecure custody orders only. It repeals subsections (b), (c), and (d), which address when a court may order reasonable efforts are not required or shall cease.  This eliminates an order ceasing reunification efforts.

Amends G.S. 7B-800.1(a)(4) by requiring the court to consider if a custodial parent of the juvenile’s sibling or nonrelative kin has been identified and notified as a potential resource for the juvenile.

Enacts G.S. 7B-901(c) and (d) to authorize a court to find reasonable efforts for reunification are not required if the court makes a written finding of one of three enumerated factors (aggravated circumstances, the involuntary termination of parental rights of another child of the parent, or a parent has committed certain crimes).  Within 30 days of a court ordering reunification efforts are not required, a permanency planning hearing must held so that the court can order a permanent plan for the juvenile.

Amends G.S. 7B-903 by rewriting and reformatting the subsections. Substantive amendments include adding the appointment of a G.S. 7B-600 guardian as a dispositional alternative for the juvenile, requiring findings for a juvenile who is placed (or continues to be placed) in out of-home care that a return to the juvenile’s home would be contrary to the juvenile’s health and safety and whether the department made reasonable efforts to prevent the need for placement, and replaces the language about a department’s authority to consent to health care.

Enacts G.S. 7B-903.1, which addresses the department’s authority when a juvenile is placed in its custody.  It references proposed G.S. 7B-505.1 regarding medical care and the ability to make decisions a juvenile’s custodian would normally make so long as not prohibited by federal law and allows the court to delegate part of the department’s authority to the juvenile’s parent, foster parent, or other person. It makes amendments to conform with federal law and the newly proposed G.S. 131D-10.2A regarding a juvenile’s participation in “normal childhood activities.”  It addresses a department’s change in placement for the juvenile including giving the juvenile’s GAL 72 hours notice of its intent to move the juvenile unless emergency circumstances exist, and then the notice must be made within 72 hours of the placement change.

Repeals G.S. 7B-905(c) and (d) so as to conform with the amendments proposed in the bill.

Enacts G.S. 7B-906.2, which identifies possible permanent plans for the juvenile that a court shall order when finding it is in the juvenile’s best interests and requires the court to adopt concurrent permanent plans and identifying which is the primary and secondary plan. Further requires the court to make findings about the efforts the department has made toward the primary and secondary permanent plans and whether those efforts were reasonable. References findings required for a juvenile who is 14 or older.

Enacts G.S. 7B-912 to require specific findings be made for a juvenile who is 14 years old or older, to inquire at least 90 days before a juvenile’s 18th birthday if the juvenile has received certain documents, such as a educational records, a social security card, and medical records, and specifies when “another planned permanent living arrangement” may be ordered for a 16- or 17-year-old.

Repeals G.S. 7B-1001(5) to conform with the amendment removing an order ceasing reunification efforts by removing the appeal provision of an order ceasing reunification efforts.

Enacts G.S. 131D-10.2A to conform with federal law, which requires a reasonable and prudent parenting standard be employed for children in foster care or in a child care institution. This allows a caregiver to provide or withhold permission for a child in foster care or under supervision of  a county department to participate in “normal childhood activities,” such as extracurricular and social activities including sleepovers from 24-72 hours. It provides immunity from injuries to a child for the caregiver or county department acting in good faith.

 

Currently GS 115C-83.15 requires the State Board of Education (SBE) to use the Education Value-Added Assessment System (EVAAS) to calculate the school performance score for each school in the statebased on a formula adding the school achievement score and the school growth score. Amends subsection (d) of GS 115C-83.15 to require that the school achievement score account for 50% (was, 80%) and the school growth score for 50% (was, 20%) of the school performance score.

Makes a technical correction to GS 115C-83.15(d)(5).

Includes "whereas" clauses presenting the rationale for amending the calculation of school performance grades.

Directs the Department of Health and Human Services (DHHS), in consultation with local management entities/managed care organizations (LME/MCOs), to develop a single case agreement template for use between a single provider of behavioral health services and an LME/MCO to serve a single patient. Requires the use of the template beginning July 1, 2015, when two conditions are met: (1) the provider's site of service delivery is outside the area that the LME/MCO serves and (2) the provider is serving no more than two enrollees of the LME/MCO. 

Sets out guidelines, effective July 1, 2017, for establishing the county of residence for Medicaid eligibility for all LME/MCO enrollees. 

Enacts new GS 97-31.2, Limits on benefits payable to highly compensated employees. Provides that an employee whose injury, occupational disease, or injurious exposure arose out of and in the course of employment is not entitled to workers' compensation under GS 97-29, 97-30, or 97-31 if the employee's earnings at the time of the injury are equivalent to an average weekly wage of more than 10 times the maximum benefit amount as calculated under GS 97-29(i). Provides that for an occupational disease claim that the determination will be made based on the employee's earnings for the final year of employment in the job which gives rise to the occupational disease claim. Prohibits anything in this section from being construed to eliminate or diminish an employer's obligation to pay medical expenses as provided by GS Chapter 97. Provides that regardless of the provisions of GS 97-31.1, which sets the effective date for legislative changes in benefits in Chapter 97, this act is effective when it becomes law and applies to claims arising on or after that date.

Amends GS 14-34.6 as the title indicates. Effective December 1, 2015, and applies to offenses committed on or after that date.

Amends GS 135-48.47 to additionally authorize the towns of Elizabethtown, Lilesville, Marshville, Matthews, Peachland, and Wadesboro to enroll their employees and dependents of those employees in the State Health Plan. Participation is not guaranteed and is contingent on those local governments complying with specified statutes and Articles, as well as policies adopted by the State Health Plan.

Effective July 1, 2015.

Substantively identical to S 507, filed 3/25/15.

Includes whereas clauses. Authorizes delegates to be summoned and appointed to participate at the convened convention according to the terms and conditions set out in this resolution. Instructs and authorizes the state's delegates to the convention to vote to send the countermand amendment, as specified in the act, back to the states for ratification by way of the United States Congress. Prohibits delegates from voting in favor of any alternate amendment or modified version of the countermand amendment that might be introduced at the convention and instructs them to do all in their power at the convention to secure a vote that approves sending the countermand amendment back to the states for ratification. Specifies that only the countermand amendment is to be considered by the legislature for ratification. Provides that upon the enactment of this resolution and after a total of 34 states place a call under Article V of the Constitution of the United States for a countermand convention, the Speaker of the House of Representatives and the President of the Senate must appoint members to a legislative Delegate Credential Committee (Committee). Specifies the Committee's 13 duties. Charges the chair of the state delegation with joining with other state delegations to open the convention for business, identifying other state legislatures that have approved a delegate resolution for their delegates, and working with those delegations to find agreement to each of the eight specified items. Specifies delegate duties. 

Identical to S 350, filed 03/19/15.

Repeals Section 17.5 of SL 2014-111 which amended GS 163-287 to add that, in addition to already specified limitations, special elections may be held only at the same time as any other election requiring all the precincts in the county to be open, and at the same time as a municipal general election, if the special election is within the jurisdiction of the municipality only.

Amends GS 160A-372 (municipal) and GS 153A-331 (county), which relate to subdivision control ordinances. Removes language in existing law related to performance guarantees and adds new language that:

• specifies what constitutes a performance guarantee,
• places a time limit on the length of the performance guarantee (not more than six months longer than the issuance of any required final inspection approval),
• places a cap on the amount of the performance guarantee (not to exceed 110% of the cost of completion), and
• provides that the guarantee may be used only for completion of the development and not for repairs or maintenance.

Requires that performance agreements required by development agreements (GS 160A-400.25, GS 153A-349.6), erosion and sedimentation control plans (GS 113A-61), and stormwater control best practices for composting operations comply with these new provisions. 

Prohibits cities (GS 160A-417) and counties (GS 153A-357) from withholding issuing a building permit for one property or parcel as a means of compelling (1) completion of work for a separate permit or (2) compliance with land use regulations.

Effective October 1, 2015, and applies to performance guarantees required on or after that date.

 

Identical to S 388 filed on 3/24/15.

Amends GS 115C-174.11 to require the State Board of Education (State Board) to approve three diagnostic reading assessment instruments that meet specified requirements for selection by local school administrative units. Requires each local school administrative unit to select one of the three reading assessments. Applies beginning with the 2015-16 school year.

 

Identical to S 560, filed on 03/26/15.

Recodifies GS 143B-426.38A as GS 147-33.77A. Deletes all provisions in subsection (a) of previous GS 143B-426.38A, regarding state data sharing requirements, and replaces it with a new subsection (a) in new GS 147-33.77A, with definitions for the following terms as they apply in this section, on the provisions of the Government Data Analytics Center (GDAC): (1) business intelligence, (2) data analytics, and (3) enterprise-level data analytics.

Amends GS 147-33.77A(b) to clarify that the GDAC is established in the Office of Technology Information Services [was, established in the Office of the State Chief Information Officer (State CIO)]. Identifies that the purpose of the GDAC is to utilize public-private partnerships as part of a statewide data integration and data-sharing initiative to generate greater efficiency and improved service delivery by state agencies, departments, and institutions.

Clarifies that the GDAC is to advise and assist the State CIO in managing this initiative. Identifies the powers and duties of the State CIO that are to be carried out via the GDAC. Expands those powers and duties to include (1) utilizing a common approach to establish standards for business intelligence initiatives for all state agencies and to prevent developing projects that do not meet established standards and (2) the creation of efficiencies in state government by ensuring that state agencies use the GDAC for agency business intelligence requirements.

Provides that the statewide data integration and data-sharing initiative is to include all state agencies, departments, and institutions, including the University of North Carolina, as specified in this act, which includes the designation of advisees to this initiative by the Chief Justice of the North Carolina Supreme Court and the Legislative Services Commission.

Directs the State CIO, with assistance from the Office of State Budget and Management (OSBM), to identify potential funding sources for expansion or development of projects. Sets parameters that prohibit initiating, expanding, or extending any GDAC project without the specific approval of the General Assembly or prior consultation with the Joint Legislative Commission on Governmental Operations and a report to the Joint Legislative Oversight Committee on Information Technology, unless the project can be implemented within the funds appropriated for GDAC projects. Deletes all of the requirements regarding the phases of the initiative from the prior statute, GS 143B-426.38A, recodified in this act as GS 147-33.77A.

Delineates the general duties of all state agencies regarding data sharing and includes specific requirements regarding the state agencies with specified responsibilities relating to workers’ compensation claims for the purpose of preventing and detecting fraud.

Includes provisions on privacy and confidentiality of information with respect to access to certain types of information under the initiative and specifies limitations that apply to the release of information compiled and collected under the initiative.

Directs the Office of Information Technology Services (was, the Office of the State CIO), with support of the OSBM, to identify and make all efforts to secure any matching funds or other resources to assist in funding the GDAC (was, this initiative). Makes conforming changes to the reporting requirements to reflect the organizational changes in deleting the implementation of the initiative in phases. Directs the State CIO to report to the Joint Legislative Oversight Committee on Information Technology on projects that are failing to achieve projected savings. Requires the report to include a proposed corrective action plan for the project.

Makes additional organizational changes, deleting subsections (f), (g), and (h) of GS 143B-426.38A, which is recodified in this act as GS 147-33.77A, and incorporating the subject areas of those subsections into GS 147-33.77A.

Makes conforming changes to GS 20-7(b2)(6), GS 20-43(a), and GS 105-259(b)(45). Directs the Revisor of Statutes to substitute statute number GS 147-33.77A for statute number GS 143B-426.38A wherever it appears in the General Statutes.

Enacts new GS 132-1.7A providing that a public record does not include any registration or sensitive security information received or compiled by a city under an alarm registration ordinance (as defined). Specifies information that is to be included in the exemption from public record. 

Enacts new GS 90-171.36B to prohibit, effective January 1, 2106, an advanced practice registered nurse (APRN) from practicing as such without a license. Defines advanced practice registered nurse or APRN as an individual licensed by the The North Carolina Board of Nursing (Board) as an advanced practice registered nurse within one of the following three roles: (1) Nurse practitioner or NP, (2) Certified nurse midwife or CNM, or (3) Clinical nurse specialist or CNS. Sets out six requirements for licensure, including: holding a current North Carolina registered nurse license or demonstrate eligibility for licensure as a registered nurse in this state, having completed a graduate level APRN program accredited by a nursing or nursing‑related accrediting body that is recognized by the United States Secretary of Education or the Council for Higher Education Accreditation as acceptable to the Board; and being certified by a national certifying body recognized by the Board in the APRN role and population focus appropriate to educational preparation. Specifies conditions under which the Board must issue an APRN license to an applicant who does not meet the education or certification requirements. Specifies the process for APRN license renewal.  

Amends the definitions of terms used in the Nursing Practice Act. Adds definitions for advanced assessment, advanced practice registered nurse, population focus, practice of nursing as an advanced practice registered nurse or APRN, practice of nursing as a certified nurse midwife or CNM, practice of nursing as a clinical nurse specialist or CNS, and practice of nursing as a nurse practitioner or NP. Makes clarifying and organizational changes. 

Amends GS 90-171.21, concerning the Board, as follows. Adds that every registered nurse with an active advanced practice registered nurse license is eligible to vote in the election of the advanced practice registered nurse Board member. Amends the process for handling vacancies. Amends Board membership to require that one member be an APRN. Amends the criteria for Board membership to add requirements related to conduct. No longer requires the public member to be appointed by the Governor and prohibits the member from being a licensed nurse or a licensed health care professional or employed by a health care institution, health care insurer, or health care professional school. Sets out the criteria to be met by the advanced practice registered nurse member. Provides that changes to GS 90-171.21 apply to members newly appointed to the Board after the effective date of the act.

Amends the powers of the Board in GS 90-171.23 to include duties related to APRNs. Requires that the executive officer also hold an active North Carolina license. No longer requires request in order to grant or deny approval of continuing education programs. Includes the power to grant prescribing, ordering, dispensing, and furnishing authority to holders of the advanced practice registered nurse license (deletes duties related to the appointment and maintenance of a subcommittee working to develop rules governing the performance of medical acts by registered nurses). Clarifies the duty of establishing programs for monitoring the treatment, recovery, and the safe practice of nurses experiencing substance use disorders, mental health disorders, or physical conditions impacting the ability to deliver safe care. Gives the Board the power to order or subpoena any patient records, documents, or other material concerning any matter to be heard before or inquired into by the Board. Makes additional clarifying and conforming changes.

Amends GS 90-171.24 to require that the executive director hold an active North Carolina registered nurse license and meet specified criteria. Provides that the director also serves as the Administrator of the Nurse Licensure Compact. 

Amends GS 90-171.27 to set out fees for application for licensure, license renewal, and reinstatement of lapsed licenses for APRNs.

Enacts new GS 90-171.29A to allow the Board to require an applicant or licensee to submit to a mental examination or to a physical examination to determine competence.

Amends GS 90-171.30 to no longer require that the Board administer the licensing exam at least twice a year. 

Amends GS 90-171.33 to delete the the provision allowing the Board to issue a nonrenewable temporary license to persons applying for licensure until the implementation of the computer adaptive licensure exam. 

Amends GS 90-171.36 to provide that if within five years of being placed on inactive status, a person was to change their status to active, the person must submit an application and license reinstatement fee.

Amends GS 90-171.36A to no longer allow for the issuance of a special license in recognition of a nurse's retired status.

Amends GS 90-171.37 to provide that the Board has the power to to place on probation with or without conditions, impose limitations and conditions on, accept voluntary surrender, publicly reprimand, issue public letters of concern, require satisfactory completion of treatment programs or remedial or educational training, refuse to issue a certificate of renewal, fine, deny, suspend, or revoke a license or privilege to practice nursing in this state, issued by the Board to any person who has been found by the Board to have committed any of the specified acts, or for any of the specified reasons. Amend and adds to the prohibited acts. Allows the Board to limit, restrict, deny, suspend, or revoke prescriptive or dispensing authority of any APRN who holds prescriptive authority who has been found by the Board to have committed any of the specified acts concerning drugs. Adds that a felony conviction results in the automatic revocation of a license issued by the Board, unless the Board orders otherwise or receives a request for a hearing from the person within 60 days of receiving notice from the Board, after the conviction, of the provisions of this subsection. Provides that the Board and its members and staff are not to be held liable in any civil or criminal proceeding for exercising, in good faith, the powers and duties authorized by law.

Enacts new GS 90-171.37B concerning the Board's duties related to public records. Enacts new GS 90-171.37 concerning service of notice required under GS Chapter 90. 

Amends GS 90-171.40 to require the Board to review all nursing programs in the state at least every 10 (was, 8) years.

Amends GS 90-171.42 to no longer require a request before the Board grants approval to continuing education programs. 

Enacts new GS 90-171.49 to allow the Board to waive the requirements of the Act to permit providing emergency health services to the public during states of emergency.

Repeals GS 90-171.28, Nurses Registered Under Previous Law.

Makes additional conforming and clarifying changes.

Effective January 1, 2016. 

Identical to S 603, filed 3/26/15.

Enacts new Article 2E, Accountability for Taxpayer Investment Act, to GS Chapter 143 to require uniform, program-level accountability information in state government. Article 2E applies to any state agency in the executive branch and to any non-state entity that receives state funds. Sets out definitions for the Article, including the term non-state entity, defining it as any of the following non-state agencies discretely presented as a component unit in the State Comprehensive Annual Financial Report by the Governmental Accounting Standards Board: an individual, firm, partnership, association, corporation, or any other organization or group acting as a unit.

Creates the Taxpayer Investment Accountability Board (Board), with five specified members. Details meeting requirements, administration criteria, and Board responsibilities, including the design and establishment of a framework by which each state agency or each non-state entity receiving state funds can implement and maintain a system that provides uniform, program-level accountability information. Lists further items of information that the framework should be able to make available to the public, including performance measures for each program, revenues by source, expenditures by purchasing category, and a list of all employees. Requires the Board to finalize the framework and associated standards and procedures no later than March 1, 2016.

Establishes procedures for a state agency or non-state entity to provide comment on the proposed initial framework design and implementing standards, policies, and procedures. Includes notice requirements for the Board and at least a 30-day window after notice for comment. Requires an annual report by January 1 of each year setting out the standards, policies, and procedures to be used in providing and maintaining the information required by the Article.

Directs each state agency and each non-state entity receiving state funds to establish, implement, and maintain a system to provide uniform, program-level accountability information that accurately conveys the mission, responsibilities, and activities of the state agency or entity and any other information required by the Board. Requires the system to comply with Board guidelines, be updated on a timely basis, and be accessible to NC citizens. 

Requires each agency or non-state entity to file annual certificates of compliance no later than July 1 of each year. Requires internal auditors in applicable state agencies to conduct annual compliance audits and submit audit reports to the State Auditor and State Controller by April 1 of each year. Authorizes the State Auditor to verify compliance on an annual basis.

Directs the Office of State Human Resources to adopt rules for the organization charts and manager-to-employee ratios and to provide templates and technical assistance. Also directs the Office of State Budget and Management and the Office of Information Technology to provide technical assistance and software as required.

Permits any taxpayer to institute a suit in superior court requesting a judgment that the state agency or non-state entity failed to comply with Article 2E, and grants specific performance. Sets forth additional provisions related to actions for noncompliance.

Makes a conforming change to GS 150B-1(c), exempting the Board from the Administrative Procedure Act.

Directs each state agency or non-state entity subject to proposed Article 2E to bring its current information system into compliance and to use existing resources to do so.

Provides that this act is effective for the Department of Health and Human Services and the Department of Public Instruction on January 1, 2017. All other agencies or non-state entities are subject to the act on January 1, 2018. 

Enacts new GS 120-36.19 requiring the Program Evaluation Division (PED) to establish the web-based NC Accountability Report (Report) to profile state departments and programs within each department. Requires that the profile include (1) why the program or department exists, how it is funded, and what issues exist and (2) reference to relevant information. The profile will also include a rating based on specified criteria that examine program purpose and design.

Makes a conforming change to GS 120-36.12.

Requires the PED to complete the initial Report no later than July 1, 2018, as well as establish a schedule for ongoing review and update of the Report. Requires the Governor to include in the Governor's Recommended Budget for the 2019-20 biennium the accountability rating established by the PED for each program and certain lists as specified. 

Identical to S 575, filed 3/26/15.

Certifies that as of January 1, 2016, the boundary between North Carolina and South Carolina is the one established by the original survey and resurveys that were adopted through legislative and executive actions, and that the reestablished boundary has been approved by the two states' boundary commissions and proclaimed as the boundary by the Governor. 

Sets out provisions that detail how to handle conflicts that might arise due to the boundary changes for issues related to tax liability; instruments of title to real property; foreclosure of deeds of trust and mortgages; public school enrollment; driver's education eligibility and beginner licenses; eligibility for in-state tuition; issuance of ABC permits; title, registration, and highway use tax; environmental compliance; and utilities/extension of rural fire protection districts, county service districts, and water and sewer districts.

Includes a severability clause.