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

Enacts new GS 58-10-655 allowing the Commissioner of Insurance to share confidential and privileged documents, materials, or information with the Department of Revenue. Amends GS 105-259(b) to make conforming changes.

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

House amendment #1 requires the State Board of Education to report to the Joint Legislative Education Oversight Committee by November 15, 2016, on how students at risk of academic failure are being identified and served through interventions to prevent academic failure.

House amendment #2 amends GS 115C-105.41(b) to require local boards of education to adopt and implement rules that direct school improvement teams to develop transition plans (was, to consider transition plans) for at-risk students.

House amendment makes the following changes to the 2nd edition.

Amends GS 128-24 to provide that if a beneficiary of theRetirement System for Counties, Cities and Towns, who retired on an early or service retirement, is reemployed by an employer participating in the Retirement System on apart-time, temporary, interim, or fee-for-service basis during the month (was, six months) immediately following the effective date of retirement, then whichever of two specified options that has the lesser financial impact on the member is to be applied. Amends the option which deems themember's retirement effective the month after the last month the member performed services for a participating employer, and the member must repay all retirement benefits paid up to the deemed effective date, provided the member has satisfied the one-month (was, six-month) separation required by GS 128-21(19).

House committee substitute makes the following changes to the 1st edition. Clarifies that the changes to GS 18B-906(a) apply to suspensions issued on or after May 1, 2015, and that the changes to GS 150B-38(a) apply to contested cases brought on or after May 1, 2015.

Amends GS 115C-37 to make county and city boards of education elected biennially on a partisan basis. Makes conforming and clarifying changes. Requires that vacancies be filled by recommendation by the executive committee of the nominating political party.

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.

Unless otherwise provided, effective for primaries and elections held on or after January 1, 2016. 

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

Amends GS 20-37.8A, as enacted in this act, which provides for a restricted identification card for a resident of this state who is not lawfully present in the United States. Amends the formatting requirements for the card to permit the restricted identification card to be printed in a horizontal or vertical format that distinguishes the the restricted identification card (was, required the card to be be printed in a vertical format). Also makes identical changes to new subsection GS 20-7(v), as enacted in this act, pertaining to application by an unlawfully present person for a restricted drivers permit under GS 20-7(f).

Amends GS 143B-966, as enacted in this act, to authorize the Department of Public Safety to provide the Department of Transportation, Division of Motor Vehicles, upon request, with the criminal history of applicants for restricted identification cards who are age 16 or older. Also authorizes the Department of Public Safety to contract with a third party to conduct the criminal history record check.

Makes Section 7 of this act, which enacts new GS 20-28.10, providing for the seizure, impoundment, or forfeiture of motor vehicles for certain other offenses, effective December 1, 2015 (was, effective October 1, 2015) and applicable to offenses committed on or after that date. Makes Section 5, which prohibits certain documents from being used for identification purposes, effective when it becomes law (was, effective October 1, 2015).

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

Amends proposed GS 8-58.21 as follows. Adds that the statute is notwithstanding GS 20-139.1, Procedures governing chemical analyses; admissibility; evidentiary provisions; controlled-drinking programs.

Adds the requirement that if the defendant wants the analyst present and the analyst is employed out of state, that the defendant give the State written notice within five days of receiving the notice and report from the District Attorney, upon which the State must produce the witness. 

Adds that the State retains the burden of proof beyond a reasonable doubt and that an analyst may be declared a hostile witness for direct examination if an analyst testifies pursuant to a subpoena issued by the defendant.

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

Amends GS 131D-10.2A to add that the Department of Health and Human Services must use the reasonable and prudent parenting standard. Makes clarifying changes. Expands and clarifies the entities that will not be held liable for an act or omission of the child or for injuries to the child while acting in accordance with the reasonable and prudent parenting standard. Imposes liability for any action or inaction of gross negligence, willful and wanton conduct, or intentional wrongdoing (was, willful or reckless misconduct) resulting in injury.

Amends GS 58-36-43 to no longer require the policy form or endorsement to provide coverage for acts or omission of a child who is placed in a licensed family foster home or therapeutic foster home while the child is in the foster parent's care. Provides that the statute does not require that the policy or endorsement cover an act or omission resulting from any action or inaction of gross negligence, willful and wanton conduct, or intentional wrongdoing that results in injury to the child.

Deletes proposed changes to GS 58-37-35(g). 

Makes Part 2 of the act, concerning the reasonable and prudent parenting standard in foster care, effective October 1, 2015 (was, when the act became law).

Amends the act's long title. 

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

Adds language to GS 84-2.1 concerning the completion of a preprinted offer, option contract, sales contract, or lease from a licensed real estate broker. 

Amends proposed GS 84-37(a1) requiring the Council of the North Carolina State Bar (Council) to submit a proposed demand to cease and desist to the Attorney General for review before issuance to the person or entity in violation (previously, allowed the Council to submit the demand for review but did not require it).

Makes technical, clarifying, and conforming changes. 

 

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

Amends GS 20-17.8(f) to provide that a person subject to the statute who violates any of the restrictions of the statue commits the offense of aggravated driving (was, driving) while license revoked under GS 20-28(a1). 

Amends GS 20-179.3(j) to provide that a holder of a limited driving privilege who violates any of its restrictions commits the offense of aggravated driving while license revoked  (was, offense of driving while license revoked). 

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

Amends proposed GS 14-127.1 concerning the offense of graffiti vandalism, making clarifying changes as well as changing the aggravated offense of graffiti vandalism to a Class H (was, Class I) felony and adds the new aggravating factor for a person who has committed five or more violations of the section within a 60-day period, they are guilty of a Class H felony. Deletes language concerning the consolidation of those offenses.

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

Amends GS 115C-321(a) concerning the privacy of personnel files of employees of local boards of education, adding language which provides that the allowed disclosure of personnel files to a state or federal agency that has a quasi-judicial function or a court of law must be limited to the records of the employee that filed the claim and then only allowed to the extent necessary to defend the board of education.

Makes clarifying changes.

Amends GS 115C-45(a) concerning the judicial functions of a local board of education, adding clarifying language that subpoenas for the production of tangible things can be issued in matters where job-related misconduct is suspected and it is deemed that an investigation is required. 

Amends GS 1-51 concerning certain civil actions that must be commenced or filed in five years providing that such actions can be brought against licensed, certified, or registered real estate appraisers or trainees within (1) five years of the date the appraisal was performed or (2) within the time period required for retention of the work file for the appraisal, whichever is greater.

Amends GS 93E-2-4 to provide that if registered appraisal management companies require criminal background checks as a condition of employment or other type of work relationship, then they must accept criminal background checks that (1) have been conducted in the previous 12 months and (2) substantially conform to the requirements of GS 93E-2-11.

Amends Section 1(b) of SL 2007-523 to phase out permits for swine waste management systems currently operated under the moratorium for swine farms enacted in 2007. Requires closure of swine operations with lagoon and sprayfield waste systems by September 1, 2019. Requires the owner or operator of an animal waste management system that uses a lagoon and sprayfield system phased out under this act to close all of the components of the waste management system in compliance with all applicable federal and state laws, regulations, and rules.

Creates a new Article 49I, Minimum Humane Standards for Certain Farm Animals, in GS Chapter 106 that requires the Board of Agriculture, in consultation with the state veterinarian, to set minimum humane standards for cows, poultry, and swine, including restrictions on tethering and confinement, kill methods, and transfer of sick cows. Makes violations by any farm owner or operator of the minimum humane standards a Class 2 misdemeanor. Provisions on minimum humane standards for livestock become effective January 1, 2016.

Directs the Division of Public Health of the Department of Health and Human Services (Division), with the cooperation of the Department of Agriculture and Consumer Services (Department), to study the use of antibiotic drugs in livestock production in North Carolina. Specifies the content and focus of the study and requires the Division and the Department to jointly report their findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services on or before January 1, 2017.

Except as otherwise indicated, this act is effective when it becomes law.

Authorizes a new program to recruit and award scholarship loans to individuals who wish to enroll in an approved teaching program. Scholarship program is to be administered by the State Education Assistance Authority (Authority), which must establish eligibility criteria for individuals and approved teaching programs as well as an application process. Directs the State Board of Education to identify "hard-to-staff" schools and positions, which will factor into the eligibility criteria.

Appropriates $1 million each in fiscal years 2015-16 and 2016-17. Allows the Authority to supplement with funds from other sources. Outlines priorities for the use of funds, providing a cap of up to $200,000 for program administration.

Requires that the Authority forgive loans seven years after graduation if, subject to limited exceptions, the recipient enters the teaching profession in a hard-to-staff school and remains in such a school for at least four years.

Directs the Authority to submit annual reports to the General Assembly beginning in August 2016.

Effective July 1, 2015.

Amends GS 75A-5 to reduce the fees for certificates of number for vessels and removes requirements that impose higher fees for larger vessels.

Reinstates language in GS 75A-5(h) that was repealed in 2013. That language provides that renewal fees are not required for commercial fishing vessels in some circumstances.

Reenacts G.S. 75A-5.1, which was repealed in 2013. That section pertained to commercial fishing vessels and renewal of identification numbers.

Reinstates language in GS 75A-7(a)(5) repealed in 2013. That subsection includes exceptions to the requirement that vessels obtain certificates of number. The exception in (a)(5) is for a vessel that has a valid marine document issued by a federal customs agency.

Amends GS 75A-34(a), which relates to applying for a certificate of title in the state for a vessel. Provides that a vessel may not be titled if it is documented with the United States Coast Guard (was, title allowed if the Coast Guard documentation was expired or deleted).

Amends GS 75A-38(b) to reduce title fees and remove the requirement that some of the title fees be transferred to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. Amends GS 105-449.126 to delete subsection (b), which provided that some funds from the Highway Fund be transferred to the same fund. 

Effective October 1, 2015, and applies to applications submitted and titles issued after that date.

 

Amends GS 97-53 concerning occupational diseases in the workers compensation act, making clarifying changes and adding new subsection (b), Occupational Diseases of Firefighters. New subsection provides that any condition or impairment related to the nine specified cancers are considered occupational diseases of firefighters for the purposes of GS Chapter 97, Article 1, the Workers' Compensation Act. 

Enacts new GS 97-53.1, Compensability of firefighter occupational diseases, providing a construct for compensation for injuries, illnesses, and deaths that are causally related to inherently dangerous firefighting activities. Defines the key terms disability and firefighter for use in this section. Provides that a firefighter is presumed eligible for compensation for occupational disease if (1) the firefighter underwent a physical examination when beginning service with that unit of local government and the physical did not show any evidence of an occupational disease and the firefighter has completed at least five years of service or (2) no physical examination was required prior to entering service and at the time of disability the firefighter has completed at least five years of continuous service immediately preceding January 1, 2015. Establishes a burden of rebuttal for the local government, requiring it to prove by a preponderance of competent evidence that any such condition was caused by other means. Clarifies that new provisions apply to firefighters of local government units. 

 

Directs the Legislative Research Commission (LRC) to study matters pertaining to the State's laws regarding sex offenses, sex offender registration requirements, and other restrictions imposed on convicted sex offenders, with an eye toward updates or modification.  Allows the LRC to submit a final report to the 2015 General Assembly, prior to the convening of the 2016 short session.

Effective July 1, 2015. 

Amends GS 148-82(b) to delete the requirement that a person erroneously convicted of a felony and imprisoned in a North Carolina prison must have pleaded not guilty or nolo contendere (plea of no contest) to be eligible for compensation under this subsection upon a determination of innocence and dismissal of the charges by the three-judge panel.

Enacts new subsection (c) to GS 148-82 to apply the provisions for compensation for erroneous conviction and imprisonment for a felony to any person who is determined to be innocent of all charges and against whom the charges are dismissed under GS 15A-1417(a)(2) or GS 15A-1420(e).

Authorizes four specified capital improvement projects for constituent institutions of the University of North Carolina. Further provides that the financing of these projects can come from various types of funds available to the institution, including gifts, grants, receipts, and self-liquidating indebtedness. Specifically excludes tuition funds or appropriated monies from the General Fund form being used for the projects. 

Provides that the Budget Director can authorize an increase or decrease in the costs of, or a change in the method of, funding the authorized projects.

Allows the Board of Governors to issue special obligation bonds for the purposes of paying for the authorized projects. Specifies procedures and limitations for such bond issuance. 

Includes various whereas clauses.

Establishes the Joint Legislative Study Commission on Civil Penalties, Fines, and Forfeiture (Commission), with 14 members, seven from each legislative chamber. Includes operating procedures and processes for the Commission. Sets out four areas that the Commission must study: (1) payment of the judgment in North Carolina School Boards Association v. Moore, (2) timeline for making such payments, (3) all civil penalties and so forth collected by the state to determine if the amount assessed is appropriate, and (4) any other matter deemed relevant.

Directs the Commission to report the results of the study to the 2016 Regular Session of the 2015 General Assembly. Terminates the Commission on December 31, 2016, or after the filing of its final report, whichever occurs first. 

Amends GS 136-89.214(a) to reduce the time that the Turnpike Authority has to send a toll bill to 30 days (was, 90 days) counting either from the date the travel occurs, or within 30 (was, 90) days of receipt of a sworn affidavit identifying the person who had care, custody, and control of the motor vehicle.

Enacts new GS 136-89.216A to set a cap of $50 for the total amount charged to a person for unpaid bills for open toll roads, providing that the total amount owed for unpaid open toll roads is not more than $5. Defines amount chargedfor the purposes of this section to include any processing fee imposed under GS 136-89.215 and any civil penalty assessed under GS 136-89.216. Provides that "amount charged" does not include any toll, processing fee, or civil penalty owed to another tolling jurisdiction with which the Authority has a valid reciprocal toll enforcement agreement.

Effective October 1, 2015, and applies to tolls imposed on or after that date.

Amends GS 1-359 concerning judgment debtors, requiring individuals that have been notified, as specified, of a judgment to make debt payments to the sheriff in lieu of payments to a judgment debtor until the execution/judgment is satisfied (previously, allowed payment to the sheriff but did not require it). Provides that failing to issue payment to the sheriff is not a violation of this section if the debtor did not know of the execution and did not receive a demand for payment from the sheriff. Provides for a penalty as specified if a debtor makes payment to the judgment debtor after receiving a demand for payment from the sheriff. 

Makes conforming and clarifying changes. 

Effective October 1, 2015. 

Includes a series of "whereas" clauses setting out public health and policy reasons for this act regarding the Newborn Screening Program and the addition of a screening test for severe combined immunodeficiency (SCID) to the newborn screening panel.

Amends GS 130A-125(c) to increase the fee to $24 (was, $19) for laboratory tests performed by the State Laboratory of Public Health under the Newborn Screening Program (NSP).

Directs the Commission for Public Health to add a screening test for SCID and other T-Cell lymphopenias detectable as a result of SCID to the newborn screening panel.

Appropriates $466,132 for the 2015-16 fiscal year from the General Fund to the Department of Health and Human Services, Division of Public Health. Requires the funds be used to purchase laboratory instrumentation and upgrades to the existing North Carolina State Laboratory of Public Health Laboratory Information System.

Effective July 1, 2015.

Amends GS 14-409.40, Statewide uniformity of local regulation, adding language further prohibiting counties or municipalities from regulating in any manner the taxation, manufacture, or transportation of firearms, ammunition, components, dealers in firearms or handgun components (currently prohibits regulations of only the possession, ownership, storage, transfer, sale, purchase, licensing, and registration of above firearm(s) or related). Also adds a new subsection (h) creating a claim of action for any person affected by an ordinance or rule that violates the provisions of this section, allowing such an individual to seek declaratory or injunctive relief for actual damages. Allows the awarding of attorney's fees and court costs. 

Amends GS 14-415.11(b) to provide that concealed handgun permits are valid for ten years (was, five years). 

Amends GS 14-415.19 concerning permit fees for concealed handgun permits, adjusting and doubling the fees as follows: (1) application fee: $160 (was, $80); (2) renewal fee: $150 (was, $75); (3) application fee for retired sworn law enforcement officers: $90 (was, $45); and (4) renewal fee for retired sworn law enforcement officers: $80 (was, $40).

Makes conforming changes to the portion of the fees that are to be remanded to the Department of Public Safety, doubling the amounts.

Effective December 1, 2015. 

Repeals GS 105-153.5(d)(1) as enacted by SL 2015-2. The repealed subdivision required a taxpayer to add, for taxable year 2014, the amount excluded from the taxpayer's adjusted gross income for the discharge of qualified principal residence indebtedness under section 108 of the Internal Revenue Code.

Directs the Building Code Council to amend the 2012 NC Building Code (Code) to prohibit any requirement from being enforced on open air camp cabins, meaning a single-story structure as described in the act, that is more stringent than the following: (1) requiring more than two unimpeded exits, provided lighted exit signs are not required; (2) any requirement that the structure have plumbing or electrical systems; and (3) requiring that, in addition to smoke detectors and handheld fire extinguishers, a sprinkler system also be installed.

Provides that the above provisions are to be followed by the Building Code Council and local governments enforcing the Code until the amendment to the Code is adopted. Requires the amendment to be substantively identical to the above provisions. 

Amends GS 20-4.01, concerning the key terms for use in GS Chapter 20 regarding the Department of Motor Vehicles (DMV), adding and defining the terms air bag, counterfeit air bag, and nonfunctional airbag.

Amends GS 20-71.4 to make it unlawful to transfer a motor vehicle when the transferor has knowledge that a counterfeit or nonfunctional airbag has been installed.

Amends GS 20-136.2 deleting language which previously made it a Class 1 misdemeanor to knowingly install or uninstall any object in lieu of a proper airbag. Now makes it a violation to import, manufacture, sell, offer for sale, or install/reinstall a counterfeit air bag or nonfunctional air bag. Makes technical and conforming changes. Provides that a violation of this provision is a Class H felony and will constitute an unfair and deceptive trade practice. 

Effective December 1, 2015, applying to offenses committed on or after that date.

Amends GS 132-1.4(b)(1) concerning criminal intelligence and investigation records, adding records or information from body-worn and in-car cameras to the definition of records of criminal investigation, providing that such are not public records and can only be disclosed as specified. 

Enacts new GS 132-1.4(g1), which provides a process for individuals to obtain the release and inspection of information or data captured on an officer's body-worn camera or in-car camera. Requires such individuals to state the date and time of the incident or encounter captured with reasonable particularity. Provides that law enforcement agencies can release captured recordings by such a camera without the consent of the officer(s) appearing or being heard on the recording. Provides that this act does not (1) require a law enforcement agency to allow the inspection or examination of such recordings or (2) supersede or alter any federal law authorizing or prohibiting access to such recordings. 

Directs the Legislative Research Commission to study how to implement wage garnishment in North Carolina for the enforcement of judgments. Sets out five areas of information that the study should contain, including the types of judgments that should be included and any protections that should be provided to the judgment debtor.

Allows an interim report to be submitted with a final report due to the 2017 General Assembly when it convenes. 

Amends GS 18B-101 to add the key term fortified flavored malt beverage, defined as a beverage that (1) contains at least 9% alcohol by volume and no more than 15% alcohol by volume; (2) is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of a beer as described in 27 CFR. § 25.55; (3) contains an added flavor containing alcohol or any other ingredient containing alcohol; (4) the manufacturer is required to file a formula for approval with the US Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 CFR. § 25.55; and (5) the manufacturer is not a craft brewery or microbrewery as specified. Makes conforming changes to the definition of malt beverage.

Amends GS 18B-800 to provide that fortified flavored malt beverages can only be sold in ABC stores operated by local boards.

Amends GS 18B-804 to require the sale price of fortified flavored malt beverages to include the tax levied on beer as well as state and local sales taxes.

Effective October 1, 2015. 

Enacts new GS 58-50-305, which requires health benefit plans to provide the same coverage for a health care service regardless of whether it is provided in a face-to-face consultation or through telemedicine. Effective October 1, 2015, and applies to contracts issued, renewed, or amended on or after that date.

Repeals the following statutes: (1) GS 14-51.2--Home, workplace, and motor vehicle protection and presumption of fear of death or serious bodily harm; (2) GS 14-51.3--Use of force in defense of person and relief from criminal or civil liability; (3) GS 14-51.4--Justification for defensive force not available; (4) GS 14-315.1--Storage of firearms to protect minors; and (5) GS 14-415.24--Reciprocity and out-of-state handgun permits.

Enacts new GS 14-51.5, Use of deadly physical force against an intruder, to identify when a lawful occupant of a home or other place of residence is justified in using any degree of force that the occupant believes is reasonably necessary, including deadly force, against an intruder to prevent or terminate forcible entry into the home or residence, providing that the occupant reasonably believes that the intruder (1) may kill or inflict serious bodily harm on the occupant or others in the home or (2) intends to commit a felony in the home or residence. Provides that the lawful occupant has no duty to retreat from an intruder under the described circumstances. Declares that this section is not meant to repeal, expand, or limit any other common law defense available.

Enacts new GS 14-315.3, Safe storage of firearms, to make it a Class 1 misdemeanor for any person owning or possessing a firearm who resides on the same premises as a minor or an unauthorized person to store or leave the firearm out of the owner or possessor's immediate possession or control without (1) first securely locking the firearm in an appropriate safe storage depository or (2) rendering it incapable of being fired by using an appropriate safety locking device. Defines minor as an unemancipated person less than 18 years of age and defines unauthorized person as a person who is unauthorized to legally purchase a firearm. Declares that nothing in this section prohibits a person from carrying a firearm on the person's body or in close proximity so that the firearm may used as easily and quickly as if carried on the body.

Amends GS 14-315.2 to rewrite the warning required to be conspicuously posted at each purchase counter of any retail or wholesale store, shop, or sales outlet that sells firearms. Makes a conforming change to require that a seller or transferor of any firearm deliver a written copy of new GS 14-315.3 to a purchaser or transferee.

Enacts new GS 14-409.13, Report of loss or theft of firearm, to require the owner of a firearm, as defined in GS 14-409.60, to report the loss or theft of the firearm within 48 hours after discovering the loss or theft to (1) local law enforcement or (2) the State Bureau of Investigation. Makes a violation of this section a Class 3 misdemeanor and makes a second or subsequent violation of this section a Class I felony.

Adds a new subdivision (1a) to GS 14-404(a) to require that a person seeking a firearm permit must verify possession of firearm liability insurance as required under GS 14-409.80, as enacted in this act. Enacts new GS 14-409.80, Liability insurance required for gun owners, to mandate that prior to owning a firearm, a person must obtain a liability insurance policy valued at no less than $100,000 and specifically covering any damages that result from any willful or negligent acts involving the use of the firearm. Requires that the policy be continuously maintained by the owner of the firearm. Prohibits the transfer of a firearm to a person unless that transferee provides proof of liability insurance. Requires a person who owns a firearm on December 1, 2015, to obtain the required liability insurance by January 15, 2016. Provides that a firearm owner is considered to own the firearm if it is lost or stolen until the person reports the loss or theft as required under GS 14-409.13. Directs the Department of Insurance to adopt rules to implement GS 14-409.80. States that this section does not apply to a law enforcement officer authorized to carry a firearm.

Enacts new GS 14-415.18A to require a sheriff who denies, revokes, or refuses to renew a person's application for a permit under Article 54B of GS Chapter 14 because of a prohibition under the national instant criminal background check system (NICS) to report the revocation, denial, or refusal to renew to the NICS. Provides specifications as to the reporting requirements. Makes conforming changes to GS 14-404.

Adds a new Article 53D, Transfer of Firearms, to GS Chapter 14. Provides definitions for the following terms as they are used in this article: (1) firearms, (2) NCIS, (3) SBI, (4) transfer, and (5) transferee. Declares that this Article applies to all private transfers of firearms. Prohibits the private transfer of firearms without (1) a background check in accordance with GS 14-409.64, as enacted in this act and (2) approval of the transfer from the SBI after the background check has been requested by a licensed gun dealer. Requires a person, who is not a licensed gun dealer, but is transferring a firearm to a transferee, to arrange for a licensed gun dealer to obtain the background check that is required by this section. Provides specifics of the responsibilities of the licensed gun dealer with respect to the background check. Permits a licensed gun dealer to charge a fee of no more than $10 for services rendered under this section. Provides that an approval from the SBI is valid for 30 days. Prohibits a transferee from accepting possession of a firearm unless the transferor has obtained approval from the SBI subsequent to a background check request by a licensed gun dealer. Provides a list of nine exemptions to the provisions of this section. Makes a violation of this section a Class 1 misdemeanor. Directs the clerk of court to report a conviction of a person for violating this section to the SBI and the NCIS.

Enacts new GS 14-409.62 providing that the SBI may serve as a state point of contact for implementing 18 USC § 922(t), all federal regulations and applicable guidelines adopted under those regulations, and the NICS system. Specifies grounds for denial of a firearm transfer and provides details as to the process for a transferee to appeal a denial of the transfer of a firearm. Directs the Secretary of Public Safety  to adopt rules as necessary to carry out the duties of the SBI as the state point of contact and to assist in implementing 18 USC § 922(t). Identifies provisions that the adopted rules must include. Specifies unlawful offenses and makes it a Class 1 misdemeanor to violate any of those provisions. Provides that a transferor who complies with the provisions of this section is not subject to criminal or civil liability or regulatory sanctions that arise from the lawful transfer or denial of the transfer of a firearm.

Enacts new GS 14-409.63, which establishes the instant criminal background check cash fund. Authorizes the SBI to charge a fee for performing an instant criminal background check under this section. Limits the amount of the fee to total costs for performing the background check. Directs the SBI to remit all the collected funds to the State Treasurer. Provides that the money in the fund is subject to annual appropriation by the General Assembly for the direct costs associated with performing background checks under this section. Includes an annual reporting requirement.

Enacts GS 14-409.75 to require any person, firm, or corporation in the retail sale, rental, or exchange of firearms to keep a record of each firearm sold, rented, or exchanged at retail. Provides guidelines for keeping the required records. Enacts GS 14-409.76 to provide that failing to keep the required record or to exhibit the record when requested by law enforcement is a Class 3 misdemeanor. Also makes it a Class 3 misdemeanor for any purchaser, lessee, or exchanger of a firearm to provide false information in connection with the making of such record. 

Enacts a Part 4 of Article 53D to provide regulations regarding large-capacity ammunition magazines. Defines large capacity magazines for the purposes of this section. Makes it unlawful to sell, transfer, or possess a large-capacity magazine. Provides that a violation of this provision is a Class 2 misdemeanor with subsequent offenses a Class 1 misdemeanor. Makes it a Class 1 felony under this section if a person possesses a large-capacity magazine during the commission of a felony. Provides a person may possess a large-capacity magazine if the person (1) owns the large-capacity magazine on December 1, 2013, and (2) maintains continuous possession of the large-capacity magazine. Specifies exemptions from the offenses described in this section.

Requires that a large-capacity magazine manufactured in North Carolina on or after December 1, 2013, must have a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after that date. Makes a violation of this subsection a Class 2 misdemeanor. Authorizes the SBI to adopt rules to implement these provisions.

Enacts a new Article 9, Firearms Manufacturer Divestment Act, in GS Chapter 147. Defines terms as used in this article. Includes a definition for public fund meaning any funds held by the State Treasurer to the credit of the following: (1) Teachers' and State Employees' Retirement System, (2) Consolidated Judicial Retirement System, (3) Firemen's and Rescue Workers' Pension Fund, (4) Local Governmental Employees' Retirement System, (5) Legislative Retirement System, (6) Legislative Retirement Fund, and (7) North Carolina National Guard Pension Fund. Directs the Public Fund within 90 days of September 1, 2015, to make its best efforts to identify all firearms manufacturers in which the public fund has direct or indirect holdings or could possibly have holdings in the future. Requires that the public fund assemble the list of all firearm manufacturers in which the public fund holds direct or indirect investments by the first meeting of the public fund following the 90-day period. Requires the State Treasurer to promptly divest all direct and indirect holdings in firearms manufacturers held by the public fund. Declares that at no time is the public fund to acquire direct or indirect holdings in firearms manufacturers.

Above provisions are effective December 1, 2015, and apply to offenses committed on or after that date.

Effective when the act becomes law, enacts new Article 21, Review of Deaths Involving Law Enforcement Officers, in GS Chapter 15A. Requires each law enforcement agency, no later than December 1, 2015, to have a written policy on the investigation of officer-involved deaths that involve a law enforcement officer employed by the law enforcement agency. Specifies provisions that must be included in the policy. Requires investigators to provide a complete report to the district attorney of the county where the officer-involved death occurred and requires the investigators to release the report if the district attorney decides that there is no basis to prosecute the law enforcement officer.

Enacts new GS 90-153.1 to require that when a payor seeks peer review of chiropractic treatment in order to determine whether the services were clinically necessary or whether the charges billed were reasonable (or both), the person conducting the review must hold a current North Carolina license to practice chiropractic and satisfy certain other criteria.

Requires that the standard of care applied be state-specific and that the reviewer disclose his or her identity and office address to the treating chiropractor. A chiropractor licensed by the state may be subject to disciplinary action for failing to comply. An unlicensed person who performs such a review may be subject to criminal and civil enforcement actions.

Effective when the act becomes law.

Enacts new GS 47C-3-113.1 to require some condominium unit owners' associations and all management agents or companies hired by unit owners' associations to be covered by fidelity bonds.

Amends GS 47C-3-118(a) to delete language authorizing requests for detailed financial audits for condominium unit owners' associations and enacts new GS 47C-3-118.1, which requires annual independent financial audits for associations that meet certain criteria. Makes the same changes to GS Chapter 47F, as applied to planned communities (amending GS 47F-3-118(a) and enacting new GS 47F-3-118.1.

Effective when the act becomes law, enacts new GS Chapter 93F, establishing the North Carolina Community Association Commission. The Commission is a five-member board that has powers and duties related to licensure of community association managers, registration of community associations, educational and training programs for associations and managers, and receiving and investigating complaints related to associations and managers.

New GS 93F-5 requires annual licenses for community association managers (beginning January 1, 2016) and GS 93F-6 sets out the requirements for obtaining a license. New GS 93F-10 requires annual registration for community associations (beginning January 1, 2016).

GS 93F-11 authorizes the Commission to take disciplinary action against licensees (managers) and registrants (community associations). The Commission has the authority to suspend, revoke, or reprimand a licensee based on reasons set forth in the statute.

Enacts new GS 47C-3-120, which requires condominium unit owners' associations to register annually with the North Carolina Community Association Commission pursuant to GS Chapter 93F.

Makes technical and conforming changes to GS 47C-1-102(a) and GS 47F-1-102(c).

Appropriates $250,000 in nonrecurring funds for the 2015-16 fiscal year to start up and establish the Commission. Effective when the act becomes law.

Unless otherwise indicated, effective January 1, 2016.

Amends GS 106-202.19 as the title indicates. Limits the permit fee to $25. Requires the North Carolina Plant Conservation Board to issues rules to implement the act. 

Requires the Division of Adult Corrections (Division) of the Department of Public Safety, in collaboration with specified state entities, to develop a process for an inmate whose driving privileges have been suspended or revoked for a conviction of driving while impaired or driving under the influence to complete the requirements for reinstatement of the inmate's driving privileges before the inmate's release. Requires the Division, on or before October 1, 2015, to report to the Joint Legislative Oversight Committee on Justice and Public Safety on the status of the development of the process. Requires the Division to implement the process no later than January 1, 2016.

Enacts new GS Chapter 163, Article 22N, to establish the North Carolina Public Campaign Fund (Fund) to finance election campaigns of certified candidates and to pay expenses related to the Fund. GS 163-278.352 specifies how the Fund would receive money, which includes taxpayer designations (new GS 105-159.3; effective beginning in 2018), unspent money returned to the Fund, voluntary donations, and surcharges on attorneys who are members of the North Carolina State Bar (amended GS 84-34; effective for 2018 dues).

GS 163-278.353 specifies the requirements that apply to candidates who want to receive money from the Fund. Any person wishing to receive funds must file a declaration of intent to participate. Candidates for the Supreme Court and the Court of Appeals must demonstrate support of candidacy with a minimum number of contributions from registered voter.

Specifies restrictions on contributions and expenditures that apply to participating candidates. Authorizes participating candidates to revoke a decision to participate within a certain period of time.

GS 163-278.354 includes special provisions for candidates involved in vacancy elections. GS 163-278.355 specifies how money is distributed from the fund and provides for an independent review of the funding approach every five years. GS 163-278.356 specifies the reporting requirements for candidates.

GS 163-278.358 authorizes the imposition of a civil money penalty for violations.

Recodifies GS 163-278.69 as GS 163-278.357, which governs the Judicial Voter Guide. That statute is set to be repealed whenever existing funds to print the Guide are exhausted.

Makes technical and conforming changes. Unless otherwise specified, provisions are effective when they become law and distributions from the Fund are to begin in the 2018 election year.

 

As the title indicates.

Enacts new Article 2B of GS Chapter 95, which establishes requirements applicable to employers of shift workers, defined to include employees who work day and evening shifts on a regular, rotating, or intermittent basis.

GS 95-25.33 requires employers to provide employees with advance notice of work schedules and schedule changes, compensation when schedule changes are made without advance notice, and pay for on-call shifts when the employee is not called in to work. Outlines exceptions that apply to the compensation requirements.

GS 95-25.34 requires employers to provide part-time employees with the same starting hourly wage provided to comparable full-time employees (subject to some exceptions), access to comparable paid and unpaid time off, and comparable eligibility for promotions.

GS 95-25.35 requires the Commissioner of Labor to publish notices for employers to post in the workplace. GS 95-25.36 requires employers to retain certain records and provide the Department of Labor with access to those records.

GS 95-25.37 prohibits interference with an employee's attempt to exercise any of the rights in this law and prohibits an employer for retaliating against an employee for doing so. GS 95-25.38 authorizes the Commissioner of Labor to investigate violations and enforce the law and authorizes appeals from enforcement actions.

GS 95-25.39 includes a severability clause and provides that the law does not limit other rights and remedies available to employees.

Effective January 1, 2016.

As the title indicates.

Requires the State Board of Education to implement a four-year Innovation Through Local Schools Pilot Program, with one or more local school administrative units participating in the pilot program beginning with the 2015‑16 school year, with the purpose of making the participating pilot units more flexible, adaptable, and accountable in order to foster innovation, creativity, and workforce development for a changing economy. Requires each pilot unit to develop curriculum implementation plans that include nine specified provisions, including the instructional models used in the unit's schools and training and staff development for the unit's personnel that align with the unit's mission and belief statements, a resources/capital improvement plan and budget, and a statement of local economic impact. Provides that a local school administrative unit will be selected as a pilot unit only if the local board of education agrees to delegations of authority necessary to achieve a bottom‑up model of administration. Requires the pilot units to report quarterly to the Department of Public Instruction and requires the Department to report to the Joint Legislative Education Oversight on the implementation of the pilot program annually by October 15.

As the title indicates.

Identical to S 570, filed 03/26/15.

Amends various statutes in GS Chapter 15A, as the title indicates.

Amends GS 7B-2101(b) to provide that the due process protections prohibiting admission into evidence of in-custody admissions or confessions from interrogation unless such confession or admission was made in the presence of a juvenile's parent, guardian, custodian, or attorney apply when the juvenile is less than 16 years old (was, when the juvenile is less than 14 years of age).

Current law provides that if a court does not find probable cause for a felony offense but finds probable cause to believe that a juvenile committed a lesser offense that if committed by an adult would be a misdemeanor, then the court may either proceed to an adjudicatory hearing or set a date for an adjudicatory hearing. Amends GS 7B-2202(f) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

GS 7B-2203(d) provides that if the court does not transfer the case to superior court, the court is to proceed to an adjudicatory hearing or set a date for that hearing. Amends subsection (d) to require that the adjudicatory hearing must be a separate hearing. Permits the court to continue the adjudicatory hearing for good cause.

Enacts new GS 7B-2408.5 specifying the procedural steps for making a motion to suppress evidence in an adjudicatory hearing prior to the hearing. Requires that the motion be in writing and accompanied by an affidavit containing facts to support the motion. Provides that the state may file an answer denying or admitting any of the allegations in the motion. Includes additional criteria and specifications for service of the motion and of the answer, and the criteria under which the judge must summarily grant or summarily deny the motion. Provides that a final order denying a motion to suppress evidence may be reviewed upon appeal of a final order of the court in a juvenile matter. Also provides for an oral or written motion to suppress made during the adjudicatory hearing.

Amends GS 7B-1701 to provide that if there has been no prior complaint against a juvenile, then the juvenile court counselor is directed to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertible.

Amends GS 7B-2404 to provide criteria and circumstances under which a prosecutor may dismiss allegations stated in a juvenile petition with or without leave. Amends GS 7B-2507(a) to define a prior adjudication as an adjudication of an offense that occurs before the adjudication of the offense before the court.

Amends GS 7B-2510(c) to require that prior to the expiration of a probation order, the court may extend it for an additional year after notice and a hearing (was, after a hearing). Leaves it to the discretion of the court to determine whether to extend probation after a probation order expires if the juvenile fails to appear in court. Also amends subsection (e) to provide that when a juvenile violates probation, the court may either increase the disposition level to the next higher level on the disposition chart or order twice the amount of detention days originally authorized by GS 7B-2508, but may not do both.

Adds a new subsection (b) to GS 7B-2512 to require the court to provide information, either orally or in writing, about the expunction of juvenile records under GS 7B-3200 at the time of issuing a disposition order.

Adds a new subsection (e1) to GS 7B-3200 allowing petitioning for the expunction of all juvenile records of a juvenile adjudicated delinquent for a minor offense as defined in GS 7B-2508. Makes a conforming change to subsection (b).

Amends GS 7B-1903(c) to provide that when a juvenile remains in secure custody pending the dispositional hearing or pending an out-of-home placement, custody review hearings must be held at intervals of no more than 10 calendar days. Amends subsection (e) to require that the secure custody order contain findings of fact which include the evidence relied upon in reaching the court's decision and the purposes to be achieved by secure custody. Also enacts a new subsection (f) to require that when the court orders secure custody for an alleged runaway under subsection (b) to evaluate the juvenile’s need for medical or psychiatric treatment and the juvenile is under 10 years of age and does not have a pending delinquency charge, the officer or other authorized person who assumes custody of the juvenile may not use physical restraints while transporting the juvenile, unless the officer or other authorized person believes such restraints are reasonably necessary for the safety of the juvenile and officer or other authorized person.

Makes clarifying changes to GS 7B-2506 regarding dispositional alternatives for delinquent juveniles.

Effective December 1, 2015, and applies to offenses committed on or after that date.