House committee substitute makes the following changes to the 1st edition.
Under current law, the Division of Aviation of the Department of Transportation (Division) is responsible for the development of and administration of a knowledge and skills test for operating an unmanned aircraft. Amends GS 63-95(b) to delete the requirement that the test be a skills test; instead requires only a knowledge test. Adds language requiring that the test must ensure that the operator of an unmanned aircraft system is knowledgeable of the state statutes and regulations that regulate the operation of unmanned aircraft systems. Makes conforming changes, deleting all references to requiring a skills test for operating unmanned aircraft systems.
Amends GS 63-96 and deletes the requirement for a "license" for commercial operation of unmanned aircraft systems and instead requires a "permit" for commercial operation of unmanned aircraft systems. Removes all references in this section to "license" and replaces them with "permit." Decreases the minimum permittee age from 18 to 17. Provides that a person who operates an unmanned aircraft system for commercial purposes other than as authorized under this section is guilty of a Class 1 misdemeanor.
Provides that before implementation of the knowledge test and permit process required by GS 63-96, any person authorized by the FAA for commercial operation of an unmanned aircraft system in this state will not be in violation of GS 63-96. However, the person must make an application for a state permit for commercial operation within 60 days of the full implementation of the permitting process and are issued a state commercial operation permit in due course.
Amends the long title of this act.
The Daily Bulletin: 2015-04-16
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The Daily Bulletin: 2015-04-16
| Intro. by Torbett. | UNCODIFIED, GS 63 |
House amendment makes the following changes to the 2nd edition. Changes the effective date of Section 1 of the act, which amends GS 105-187.51B, from July 1, 2015, to January 1, 2016.
| Intro. by Malone, Lewis, Collins, S. Martin. | GS 105 |
House committee substitute to the 1st edition makes the following changes.
Adds Caldwell County; the towns of Granite Falls, Hudson, Rutherfordton, Sawmills, Spindale, and Valdese; and the cities of Lowell and Morganton to the bill's coverage. Removes the towns of Hot Springs, Marshall, and Mars Hill.
| Intro. by Presnell. | Bladen, Burke, Caldwell, Gaston, Haywood, Mecklenburg, Montgomery, Rutherford, Yancey, GS 135 |
AN ACT DESIGNATING THE EIGHTEENTH DAY OF APRIL, 2015, AND THE SECOND MONDAY IN APRIL OF EACH YEAR THEREAFTER AS LINEMAN APPRECIATION DAY. Enacted April 16, 2015. Section 2 is effective July 1, 2015. The remainder is effective April 16, 2015.
| Intro. by Hastings, Pendleton, Farmer-Butterfield. | GS 103 |
House committee substitute amends the 1st edition as follows. Amends GS 135-48.47(a) to also authorize the towns of Marshville and Wadesboro and the Piedmont Triad Regional Water Authority to enroll their employees and their dependents in the State Health Plan for teachers and state employees.
Amends the long title of this act.
| Intro. by Iler. | Anson, Brunswick, Montgomery, Union, GS 135 |
House committee substitute makes the following changes to 1st edition. Makes a technical change to the act's long title.
| Intro. by Catlin, Szoka, Glazier. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Amends GS 135-48.42(e), making clarifying changes.
Amends GS 135-48.42(a), concerning enrollment in the State Health Plan for Teachers and State Employees, providing that new employees must be able to enroll or decline enrollment within 30 days from the date of employment or from first being eligible on a partially contributory or other contributory basis (previously, did not provide for other contributory basis eligibility).
| Intro. by Pendleton. | GS 135 |
House amendment makes the following changes to the 2nd edition:
Amends GS 15A-1343(b)(17) concerning probation conditions, requiring the defendant to waive all rights related to extradition proceedings if taken into custody outside of this state for failing to comply with conditions imposed by the court upon a felony conviction (previously, did not include felony conviction language). Adds similar language to (c)(2) providing that when the court orders supervised probation, a person must submit a signed document to the Division of Adult Correction for filing with the clerk of superior court, stating that if the person fails to comply with the conditions and is taken into custody outside of this state, then the person waives all rights related to extradition proceedings if they were convicted of a felony.
House amendment makes the following changes to the 1st edition:
Changes the short and long title.
Deletes all of the provisions from the previous edition.
Directs the Division of Health Service Regulation (Division) of the Department of Health and Human Services, in consultation with specified entities, to study how emergency medical service personnel can protect themselves while performing their public health and safety duties. Requires the study to address five areas of potential protection, including self-defense tactics and non-lethal deterrents such as mace or pepper spray.
Requires the Division to report its findings to the Joint Legislative Oversight Committee on Health and Human Services no later than April 1, 2016.
| Intro. by Dobson. | STUDY |
House committee substitute makes the following changes to the 2nd edition.
Amends proposed GS 62-133.13(e) concerning rate adjustment mechanisms, providing that any rate adjustment surcharge mechanism adopted under the statute terminates upon the earlier of the full recovery of the allowed costs as specified or with the natural gas local distribution company's next general rate case, in which the eligible infrastructure development costs must be included in the company's rate base (previously, only could terminate with the next general rate case as specified). Adds language to subsection (f), the limitations provision, providing that the aggregate amount of eligible infrastructure development costs recovered under rate adjustment surcharge mechanisms for natural gas local distribution companies in North Carolina cannot exceed $75 million.
Makes clarifying changes.
House committee substitute amends the 1st edition as follows. Amends GS 135-48.47(a) to also authorize the town of Momeyer to enroll its employees and their dependents in the State Health Plan (SHP) for teachers and state employees. Deletes the towns of Columbus, Rosman, and Tryon and the city of Brevard from local governments identified as eligible to participate in the SHP. Makes technical changes.
Amends the long title of this act.
| Intro. by Whitmire. | Montgomery, Nash, Polk, Transylvania, GS 135 |
House committee substitute to the 1st edition makes the following changes. Adds a section to the act that amends Section 30.8 of SL 2013-381 to prohibit the use of any direct record electronic voting systems that do not use paper ballots in any election held on or after September 1, 2019, for counties using direct record electronic voting machines on election day as of January 1, 2015, and January 1, 2018, for all other counties (was, January 1, 2018, for all counties). Further amends Section 30.9 of SL 2013-381 to provide for those same effective dates (was, January 1, 2020, for all counties that exclusively use direct record electronic voting machines for all current voting requirements and January 1, 2018, for all other counties). Changes the act's long title.
| Intro. by Riddell, Whitmire, Iler. | UNCODIFIED |
House amendment makes the following changes to the 2nd edition.
Amends GS 115D-5 to add a new subsection (w), which directs the State Board of Community Colleges (Board) to review, at minimum every five years, service areas that include counties assigned to more than one community college to determine if it is practicable to continue to assign those counties to more than one community college. Directs the Board to revise service areas as needed to ensure that counties are effectively served. Requires the Board to complete its first review and any revisions no later than March 1, 2016, and to submit its report to the Joint Legislative Education Oversight Committee (Committee) no later than March 1, 2016. Requires that all subsequent reviews and revisions also be submitted to the Committee.
Makes conforming changes to the bill's long title to reflect the change in bill content.
| Intro. by Tine. | Beaufort, Washington, GS 115D |
House committee substitute makes the following changes to the 1st edition:
Amends GS 116E-6(a), making technical changes and deletions.
Makes additional technical changes.
House committee substitute to the 1st edition makes a technical change.
House committee substitute to the 1st edition makes technical changes.
| Intro. by Millis. | GS 162A |
House committee substitute to the 1st edition makes technical changes. Amends the act's long title.
| Intro. by Whitmire, G. Martin, Pendleton, Pittman. | GS 127C |
House amendment makes the following changes to the 1st edition.
Amends proposed GS 17C-10.1 to provide that the provisions for waiving certain requirements and issuance of a probationary certification apply to current or honorably discharged former military police officers (previously, did not require former officers to be honorably discharged). Adds an additional requirement for specified military service members to receive a probationary certification without completed certain training course, requiring that an individual meets the minimum standards for law enforcement officers as provided in 12 NCAC 9B. 0101 and 9B. 0111.
Makes conforming changes.
| Intro. by Whitmire, McNeill, Cleveland, G. Martin. | GS 17C |
Enacts new GS 160A-400.16, pertaining to cities, and new GS 153A-437.1, pertaining to counties, as the title indicates. Directs cities and counties to act with reasonable diligence to keep all state departments, boards, commissions, or agencies potentially affected by the provisions in these statutes currently informed as to name, location, and any other significant particulars of any tree designated as historic or heritage by the city or county.
Effective when the act becomes law and applies to actions taken by state departments, boards, commissions, and agencies on or after that date.
Under current law, the North Carolina National Guard Tuition Assistance Act of 1975 provides tuition assistance for qualifying members of the North Carolina National Guard. Amends GS 116-209.54(b) to expand eligibility for the tuition assistance benefit to include National Guard members who are students enrolled in a program granting a graduate certificate.
| Intro. by G. Martin. | GS 116 |
Enacts new Article 43 of GS Chapter 90 to require the licensure of behavior analysts and assistant behavior analysts. Creates a seven-member NC Behavior Analysis Board (Board) with authority to determine licensure qualifications and fees; issue, deny, or suspend any license; conduct background checks; and discipline licensees. Requires the initial Board members to be selected on or before August 1, 2015. Establishes minimum qualifications for licensure and maximum licensure fees. Provides for license renewal, temporary licensure, and reciprocity.
Enacts new GS 90-726.16, making it a Class 2 misdemeanor to practice behavior analysis without a license; each violation is a separate offense. Specifies eight conditions that must be met in order for a person to be exempt from the Article. Effective January 1, 2016.
Amends GS 90-270.4 to add that nothing in the Article is to be construed to prevent a behavior analyst or an assistant licensed under Article 43 from offering services within the scope of practice authorized by the Board.
Requires the Board to adopt temporary rules by November 1, 2015, which will remain in effect until permanent rules that replace the temporary rules become effective.
Enacts new GS 8-53.14 providing that any person, duly authorized as a licensed behavior analyst, or any of the person's employees or associates, is not required to disclose any information which the person may have acquired in the practice of behavior analysis and which information was necessary to enable the person to practice behavior analysis. Allows the court to compel such disclosure if necessary. Provides that the behavior analyst‑client or behavior analyst-patient privilege is not grounds for failure to report suspected child abuse or neglect to the appropriate county department of social services or for failure to report a disabled adult suspected to be in need of protective services to the appropriate county department of social services. Also provides that the behavior analyst‑client or behavior analyst-patient privilege is not grounds for excluding evidence regarding the abuse or neglect of a child, or an illness of or injuries to a child, or the cause thereof, or for excluding evidence regarding the abuse, neglect, or exploitation of a disabled adult, or an illness of or injuries to a disabled adult, or the cause thereof, in any judicial proceeding related to a report pursuant to the Child Abuse Reporting Law, Article 3 of GS Chapter 7B.
Amends GS 122C-118.1, concerning the structure of an area board for an LME/MCO, to provide that the optional process by which specified boards of county commissioners can appoint members to an area board requires the adoption of a resolution by at least two-thirds of the constituent counties (previously, required each county to adopt the resolution). Provides that the Secretary of the Department of Health and Human Services can approve an alternate appointment process if it includes constituent counties delegating appointment authority to intermediary bodies created by counties to represent regions of a multicounty area authority.
Makes technical and organizational changes.
| Intro. by Dollar, J. Bell, Avila. | GS 122C |
Continues the pilot program established by the Department of Health and Human Services, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance. Also extends the program to all facilities owned or operated with the facility currently authorized to waive the requirement set forth in 10A NCAC 27G .1704(c) or any related or subsequent rule or regulation by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services setting minimum overnight staffing requirements.
| Intro. by Dollar, Turner, Dobson, Jordan. | STUDY |
States General Assembly findings.
Enacts new Part 9, North Carolina Contamination Source Removal and Disposal Board, in Article 9 of GS Chapter 130A. Creates the five-member North Carolina Contamination Source Removal and Disposal Board (Board) to identify, evaluate, prioritize, schedule, and facilitate lowest cost and best achievable processes and mechanisms for safe, expeditious, and cost-effective remediation of pre-1983 landfills and other identified contaminated sites, and to contract with private sector firms to return those sites to beneficial and productive use. Sets out the Board's powers and duties. Sets out membership requirements, sets terms at five years, provides term limits, provides for filling vacancies, sets compensation limits, and provides for other Board functions. Requires the Board to submit monthly written reports to the Environmental Review Commission and requires the Board to meet at least weekly. Sets the Board to expire on June 30, 2035.
Requires the Board to implement an ongoing program that contracts and schedules contamination sources of pre-1983 landfill sites and other state-identified and known contamination sites to be remediated in the manner the Board decides is the most practical and cost-efficient and return those sites to safe, beneficial, and productive use using private sector best practices. Specifies activities that the Board must carry out. Requires the Board and the Department of Environment and Natural Resources to seek EPA approval for implementing the program. Requires needed information to be developed and submitted to the EPA by December 31, 2015. Requires the Board to seek EPA comments on the Board's proposed program on or before December 31, 2017.
| Intro. by Dixon, Millis. | GS 130A |
Enacts new GS 132-1.3A, concerning certain complaints against an elected official, providing that written complaints that allege a specified elected official harassed, sexually harassed, physically assaulted, threatened to physically assault, or committed any other unlawful act against a public employee are deemed to be public records as defined in GS 132-1. Provides that the name of the employee making the allegation, as well as other identifying information, will be considered confidential as provided, but will become part of the employee's personnel file.
Amends GS 115C-319, 115C-321, 153A-98, and 160A-168, making conforming changes to provisions concerning the confidentiality of personnel records.
Establishes the name of the act as the North Carolina Energy Market Expansion Act.
Amends GS 105-129.16D to provide for a tax credit for any taxpayer that (1) purchases/constructs, (2) installs, and (3) places in service a qualified commercial facility for distributing, dispensing, or storing alternative fuel. Provides credit will be in the amount of 25% of the cost of purchasing or constructing and installing the facility. Sets out what can be included in such costs and counted toward the calculating of the credit. Deletes subsections (b) and (b1), regarding certain tax credits for renewable fuels. Makes conforming changes. Changes the sunset date for this section to January 1, 2025 (was, January 1, 2014). Effective for taxable years beginning on or after January 1, 2015.
Amends GS 105-129.15 to add and define the key term alternative fuel. Effective for taxable years beginning on or after January 1, 2015.
Enacts new GS 105-129.16K, which creates a tax credit for placing into service certain vehicles that are propelled by alternative fuel. Sets tax credit at 50% of the incremental or conversion costs for placing such vehicles into service. Sets out and defines terms for the section, including alternative fuel vehicle, conversion cost, incremental cost, and qualifying vehicle. Establishes ceilings for the tax credit. Provides that the section sunsets on or after January 1, 2025.
Amends GS 105-130.5B, adding a new subsection (h) that establishes a special rule for alternative fuel vehicles in regards to the states decoupling from federal accelerated depreciation tax provisions.
Amends GS 20-118(c) to establish a weight limit exception for the operation of vehicles that are wholly or partially fueled by natural gas. Provides that such a vehicle can be operated on highways of the State at a weight no more than 2,000 pounds above the otherwise applicable weight limit. Provides limitations of the exception.
Amends GS 67-4.5 to prohibit a local government from regulating, restricting, or prohibiting the possession of dogs based on breed or on presumptions about the behavior inherent to a particular dog breed. Makes conforming changes to GS 153A-131 and GS 160A-186.
| Intro. by Wray. |
Enacts new GS 130A-447.1 to allow nonaccredited individuals to train their employees and contractors on the handling, removal, and remediation of asbestos if the four specified criteria are met, including that the training is more specific to that person's work processes and that the individual doing the training is an employee or other representative familiar with the specific training provided. Makes conforming changes to GS 130A-447. Effective October 1, 2015.
| Intro. by Wray. | GS 130A |
Establishes a four-year remediation pilot program at South Piedmont Community College to increase high school graduation rates and community college completion rates in Union and Anson counties and serve as a model for the rest of the state. The project consists of the identification and remediation of high school students who do not meet community college entrance requirements and of authorization for high school students who are at high risk of dropping out of school to complete high school at South Piedmont Community College. Sets out provisions concerning implementation of the program. Effective July 1, 2015.
Prefaces this act with a series of whereas clauses declaring the rationale for and policy reasons supporting restoring programs for high school voter preregistration.
Amends GS 115C-47, stating the powers and duties of local boards of education in addition to those designated in GS 115C-36, to encourage local boards to promote student voter preregistration as well as student voter registration. Amends GS 115C-81(g1)(1)b to direct that the State Board of Education (SBE), in its modification of the social studies curriculum to instruct students on participation in the democratic process, should include instruction on voter registration and preregistration (was, voter registration).
Amends GS 163-82.1, adding a new subsection (e), which provides that a person who is at least 16 years of age but will not be 18 years of age by the date of the next election, but is otherwise qualified to register to vote, may preregister to vote. Provides that the preregistered person will automatically be registered to vote upon reaching the age of eligibility to vote, following the verification of the person's qualifications and address.
Makes conforming changes to the following statutes to expand their provisions which cover application for voter registration to also apply to voter preregistration: GS 163-82.3(a), application form developed by the State Board of Elections;GS 163-82.4(d), citizenship and age questions; GS 163-82.19(a), voter registration at a driver's license office; GS 163-82.20, voter registration at other public agencies; and GS 163-82.23, voter registration at public high schools.
Effective January 1, 2016.
Enacts new Article 6B, Financial Literacy and Life Skills Instruction, in GS Chapter 115D. Creates a Financial Literacy and Life Skills Instruction Program (Program) to establish statewide community college curriculum on financial literacy and life skills instruction. Requires that the curriculum include basic instruction on financial literacy, personal organization and time management, interpersonal skills and effective communication, decision‑making skills applicable to personal relationships and professional pathways, conflict resolution and negotiation skills, family life education, and civic literacy and character education. Requires the Program to be implemented through the Community Colleges System Office at community colleges that choose to provide the Program.
| Intro. by Queen, Reives, Cotham. | GS 115D |
Requires the Department of Transportation (DOT) to: (1) by July 1, 2015, fully implement the Life Cycle Cost Analysis as part of the selection criteria for all pavement projects greater than one mile in length for which initial traffic is greater than 10,000 vehicles per day and (2) by January 1, 2016, design and implement low‑volume concrete road design procedure and construction specifications for all local roads, including subdivision roads that meet specified criteria. Requires DOT to report on implementation to the Joint Legislative Transportation Oversight Committee by February 1, 2016.
| Intro. by Schaffer, Hager. | UNCODIFIED |
Requires the Department of Health and Human Services (DHHS) to propose a plan to establish a reconsideration review board to decide complaints by behavioral health providers against local management entities/managed care organizations. Requires DHHS to consider stakeholder input. Specifies items that must be included in the plan, including that all LME/MCOs be required to use the reconsideration review board process and that decisions may be appealed to the Office of Administrative Hearings. Requires DHHS to report the plan to the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2015, and specifies items that must be included in the report.
| Intro. by L. Bell. | UNCODIFIED |
Amends GS 135-5, concerning retirement benefits for teachers and state employees, adding new subsection (uuu), providing for cost-of-living increases depending on the retirement date of the individual, as specified.
Amends GS 128-27, concerning retirement benefits for county, city, and town employees, adding new subsections (hhh) through (lll), which provide for cost-of-living increases depending on the retirement date of the individual, as specified.
Provides that the cost-of-living increases as provided above represent increases already provided by the Board of Trustees to members of the Local Government Employee's Retirement System.
Amends GS 120-4.22A, concerning retirement benefits for members of the legislative retirement system, adding new subsection (z), providing for cost-of-living increases depending on the retirement date of the individual, as specified.
Amends GS 135-65, concerning retirement benefits for individuals in the consolidated judicial retirement system, adding new subsection (ff), providing for cost-of-living increases depending on the retirement date of the individual, as specified.
Effective July 1, 2015.
Under current law, when a charter school dissolves, all of the net assets of the school that were purchased with public funds are deemed to be the property of the local school administrative unit in which the charter school is located. Amends GS 115C-218.100(b) to provide the following exception: capital funds provided to a charter school by one or more counties under GS 115C-218.105(b1) and all the net assets purchased or improved with the capital funds are to be considered the property of the county or counties that provided the funding.
Amends GS 115C-218.105, enacting new subsections (b1) and (b2). In new subsection (b1), authorizes counties to fund charter schools or nonprofit organizations supporting charter schools via direct appropriation as provided in GS 153A-457. Limits the use of the funds to specified purposes involving the acquisition of real property, construction, and the acquisition or replacement of furniture, furnishings, and equipment. New subsection (b2) requires a charter school that uses funds provided in subsection (b1) of GS 115C-218.105 to acquire or improve property to show evidence of the amount provided by the county via a promissory note and to secure that amount by a deed of trust on the property acquired or improved by the funds.
Amends GS 153A-149(c) to add subdivision (8a), which identifies providing capital funds for charter schools as authorized by GS 153A-457 as an authorized purpose subject to the property tax rate limitations of subsection (c) of GS 153A-149.
Enacts new GS 153A-457 to authorize each county to appropriate funds and to lease real property to schools chartered under Article 14A of Chapter 115C of the General Statutes. Limits counties to providing funds only for the purposes set out in GS 115C-218.105(b1).
Applies beginning with the 2015-16 fiscal year.
Includes various whereas clauses concerning the provision of broadband services.
States the General Assembly's findings on the barriers and provision of universal broadband access across North Carolina, including findings regarding technology and electricity needs.
Directs the NC Utilities Commission (Commission) to issue requests for proposal to enter into contracts with as many firms or other entities in the network or telecommunications sectors as necessary to establish a statewide Universal Broadband Smart Meter Program (Program). Sets out required components of the program. Also requires the Commission to exercise oversight of the Program and contract once a firm is chosen.
Provides that it is the intent of the General Assembly that ongoing program costs will be funded by the electric public utilities based on the energy savings achieved through the implementation of the Program. Sets out provisions concerning this intent.
Amends GS 160A-340.1(a), City-owned communications service provider requirements, deleting subdivisions (1), (3), and (5)-(9), concerning various limitations and regulations for the provision of communications services by cities.
Repeals the following provisions:
- GS Chapter 159, Article 9A, Borrowing by Cities for Competitive Purposes
- GS 160A-340.3, Notice; public hearing
- GS 160A-340.4, Financing
- GS 160A-340.5, Taxes; payments in lieu of taxes
- GS 160A-340.6, Public-private partnerships for communications service
- GS 105-164.14(d2), concerning refunds of certain sales and use taxes
- GS 62-3(23)(l), the definition of a public utility as far as including a city or joint agency
- SL 2011-84, Sections 2(b) and 5, concerning specified regulations for the provision of communications services
Enacts GS 136-18(46), adding to the powers of the Department of Transportation (DOT), giving it the authority to construct conduits for telecommunication cable in state rights-of-way, with the costs of the construction covered through leasing of the conduit. Creates the Conduit Installation Account, a nonreverting account, within the Highway Trust Fund to receive revenues from conduit leasing.
Enacts GS 136-44.17, Installation of telecommunications conduit within State right-of-way, requiring the DOT to include the installation of the specified conduits in its planning for new roads and improvements to existing roads when certain conditions apply, including when less than 50% of households in a county where a new road project is located have access to high-speed data services.
Directs the DOT to report to the Joint Legislative Transportation Oversight Committee no later than May 1, 2016, and annually thereafter regarding the progress on installing telecommunications conduit as provided. Sets out details that the report must contain, including identification of any statutory or regulatory barriers to implementation.
Establishes the 12-member North Carolina Joint Legislative Task Force on Regulatory Reform (Task Force) to solicit, review, and recommend proposals from owners and managers of businesses, economic development professionals, employers, employees, independent contractors, consumers, and citizens on ways to improve the state's regulatory climate. Specifies issues that must be considered. Specifies membership requirements, provides for chairs, and sets out other provisions governing the functioning of the Task Force. Requires the Task Force to submit a final report to the General Assembly on or before December 31, 2016, and terminate the Task Force on that date or upon the filing of the final report, whichever is first.
| Intro. by Millis, J. Bell, Riddell. | UNCODIFIED |
Amends GS 20-116, making clarifying and conforming changes to operation requirements and limitations concerning vehicles licensed for 7,500 pounds or less gross vehicle weight carrying specified loads.
| Intro. by McElraft. | GS 20 |
Amends GS 90-94.1(a) to provide that "hemp extract" means an extract from a cannabis plant or a mixture containing cannabis plant material with all of the following characteristics: (1) contains less than five-tenths (was, three-tenths) of one percent of tetrahydrocannabinol by weight; (2) is composed of at least 5% (was, 10%) cannadidiol by weight; and (3) contains no other psychoactive substance.
Amends GS 90-113.100, the North Carolina Epilepsy Alternative Treatment Act. Declares that the purpose of this act is to permit medical professionals to use hemp extract to treat intractable epilepsy (was, permitted medical professionals to conduct evidence-based studies that were limited in scope to explore using hemp extract to treat intractable epilepsy). Deletes provision that declares it to be a finding of the General Assembly that additional study of the use of hemp extract for treating intractable epilepsy is needed.
Amends GS 90-113.101, regarding definitions for terms as they apply in this statute, to remove from the definition of neurologistthe specification that the individual must be affiliated with the neurology department at specific universities licensed in this state. Deletes the definition for pilot study.
Amends GS 90-113.102 and GS 90-113.103 to remove all references to conducting a pilot study of the use of hemp extract to treat intractable epilepsy. Requires a neurologist seeking to use hemp extract as an alternative treatment for intractable epilepsy for one or more patients to submit an application to the Department of Health and Human Services (DHHS) providing the name of the neurologist, the name of the hospital with which the neurologist is affiliated, an explanation of the treatment protocols involved, and any other information that DHHS deems necessary. Requires DHHS to register in the database the neurologists whose applications are approved.
Makes conforming changes to GS 90-113.104 and GS 90-113.105, deleting all references to conducting a pilot study.
Becomes effective December 1, 2015.
| Intro. by McElraft. | GS 90 |
Adds new Article 29E, Student Safety in Athletics, in GS Chapter 115C. Requires the State Board of Education (SBOE) to adopt guidelines and educational material for use by local boards of education to inform student athletes and their parents and coaches about heat-related illnesses and the risks associated with continuing play or practice after showing signs of heat-related illness. Requires the student's parents or guardian to sign an acknowledgment of the information sheet developed under the statute before the student participates in athletics. Requires local boards of education to adopt heat stroke prevention protocols. Requires students showing symptoms of heat exhaustion or heat stroke to be removed from participation and prohibits returning until the student is cleared to return by a licensed healthcare professional or other official designated in the emergency action plan.
Requires the SBOE to adopt rules governing interscholastic athletic activities with regard to concussion safety for athletes in middle and high school that includes the specified provisions, including requiring the students showing symptoms of a concussion to be removed from the activity and not be allowed to return until the student receives written clearance from one of the listed entities.
Requires the local board of education to require middle and high schools to develop venue specific emergency action plans to deal with serious injuries and acute medical conditions in which the patient's condition may deteriorate rapidly. Sets out requirements for the plan.
Makes conforming changes to GS 115C-12.
Applies beginning with the 2015-16 school year.
| Intro. by Richardson. | GS 115C |
As title indicates. Also provides for a teacher salary schedule for 2015-16 and provides that teachers receive an amount equal to the greater of the applicable amount on the salary schedule, or the sum of the teacher's salary that was effective for the 2013‑14 school year plus the annual longevity payment that was effective for the 2013‑14 school year. Appropriates $251,800,000 for 2015‑16 from the General Fund to the Department of Public Instruction and $251,800,000 for 2016‑17 fiscal year to implement the provisions of this act for teachers and instructional support personnel employed by schools administered by local school administrative units, charter schools, and schools operated by state agencies. Effective July 1, 2015.
| Intro. by Iler, Elmore, Cotham, Holloway. | APPROP |
Identical to S 659 filed on 3/26/15.
Enacts new GS 20-63(b1)(49) as the title indicates. Specifies the plate's design. Establishes a special plate fee of $30 and requires that $20 of that amount be transferred quarterly to the North Carolina Sheriffs' Association, Inc., to support the Association's operating expenses. Effective July 1, 2015.
| Intro. by Shepard, Faircloth, McNeill. | GS 20 |
Amends GS 136-27.1 (Relocation of water and sewer lines of municipalities and nonprofit water or sewer corporations or associations) to make the existing statutory provisions applicable to water and sewer lines owned by municipalities with a population of 10,000 (was, 5,500) or less. Amends the statute to add that a municipality with a population greater than 10,000 must pay a percentage of the nonbetterment cost for relocation of water and sewer lines, owned by the municipality and located within the existing state transportation project right‑of‑way, necessary to be relocated for a state transportation improvement project. Sets out the percentage that must be paid according to the municipality's population, with the Department of Transportation paying the remaining costs.
| Intro. by Shepard, Turner, Hurley. | GS 136 |
Deletes all provisions contained in GS 113-393(a), concerning the integration of interests and shares in drilling units. Repeals Section 25 of SL 2014-4, which concerned compulsory pooling and dormant mineral statutes.
| Intro. by Reives. | GS 113 |
Amends GS 113-391.1 to require an oil and gas developer or operators to disclose the identity of chemicals used in hydraulic fracturing fluid to the North Carolina Mining and Energy Commission and the Department of Environment and Natural Resources 15 days before initiating the hydraulic fracturing treatment. The information will be considered public information.
Amends GS 113-391.1(d) to exempt disclosures of confidential information concerning chemicals used in hydraulic fracturing from the penalties for unlawful disclosure. Effective December 1, 2015.
| Intro. by Reives. | GS 113 |
Amends GS 15-190 to allow a medical professional other than a physician to be present at an execution. Provides that if a licensed physician is not present at the execution, then one must be present on the premises and available to examine the body and pronounce the person dead. Defines a medical professional other than a physician.
Amends GS 15-192 to require the certification of the execution to be certified by the warden and the licensed physician present on the premises to pronounce death.
| Intro. by Daughtry. | GS 15 |
Appropriates $500,000 for 2015-16 from the General Fund to the Department of Public Instruction to establish and administer a two-year pilot program on teaching financial literacy as a part of the American History curriculum in public high schools. Requires the pilot units to report the results of the assessment to the Department of Public Instruction (DPI) at the end of each semester. Requires DPI to report on implementation of the pilot program to the Joint Legislative Education Oversight Committee before October 1, 2017. Effective July 1, 2015.
| Intro. by S. Ross, Bryan, J. Bell. | APPROP |
Amends GS 115C-47 to require local boards of education to ensure that the student population at each school to be economically diverse through ensuring that the percentage of students at a school who qualify to receive free or reduced price meals does not exceed by more than 15 percentage points the district-wide percentage of such students at the grade levels represented by the school. Makes the same requirements applicable to charter schools under GS 115C-218.45. Applies beginning with the 2015-16 school year.
| Intro. by Hamilton. | GS 115C |
As title indicates.
Amends GS 115C-218.1 by adding a new subsection (d) to direct the State Board of Education (SBE) and the North Carolina Charter Schools Advisory Board to focus on a substantive review of the content of charter school applications to determine the likelihood of the proposed charter school meeting the requirements set forth in GS 115C-218.5(a) (providing the findings that support the SBE granting final approval of a charter school application). Requires that the applicant receive timely notification of format issues or incomplete information and receive at least five business days to correct the defects in the application. Requires the Advisory Board to allow an applicant to address the Advisory Board regarding the application for at least 10 minutes immediately before there is any final vote on the application. Applies to initial applications for and the renewal of a charter school on or after the effective date of this act. Provides that this act becomes effective when it becomes law.
Amends GS 115C-218.50 to provide an exception to allow charter schools to establish certain fees upon approval by the charter school's board of directors. Requires the charter school to annually submit a schedule of fees charged to students to the Department of Public Instruction (DPI).
Directs the Joint Legislative Education Oversight Committee (Committee) to study the funding allocated to charter schools for students with disabilities. Directs the Committee to review the services provided to students with disabilities in order to identify potential strategies to improve academic performance, provide financial stability for charter schools that serve a substantial number of students with disabilities, and increase the effectiveness of the cost of the services provided to these students. Directs the Committee to report its findings and recommendations, including any proposed legislation, to the 2016 Regular Session of the 2015 General Assembly.
Additionally directs the Committee to study the rules, procedures, and policies that apply to charter schools to determine if they are necessary to meet the purposes specified for charter schools in the charter school statutes, in Article 14A of GS Chapter 115C. Requires the Committee to report its findings to the 2016 Regular Session of the 2015 General Assembly.
Amends GS 147-33.95 to require the acquisition of computers, computer‑related devices, and networking equipment and services for state agencies to be conducted using multiple award schedule contracts whenever the hardware and related services are available from multiple manufacturers, suppliers, or vendors. Requires the Office of Information Technology Services to issue requests for proposals, no later than October 1, 2015, for multiple award schedule contracts for computers, computer‑related devices, and networking equipment and services available from multiple manufacturers, suppliers, and vendors. Sets out provisions governing the contracts.
Specifies that these provisions do not apply to contracts awarded to multiple manufacturers, suppliers, or vendors that have been awarded under a competitive bidding process within the 24 months immediately preceding the day this act becomes law.
| Intro. by Saine. | GS 147 |
Includes whereas clauses. Requires the Legislative Research Commission (LRC) to study the economic impacts of the Jones Act on the state, including five specified issues which include fuel shipping to fuel terminals, beach nourishment, and river and port harbor maintenance and deepening. Allows LRC to make an interim report to the 2015 General Assembly when it reconvenes in 2016 and requires a final report to the 2017 General Assembly when it convenes.
| Intro. by Catlin. | STUDY |
Amends GS 42A-4, the definitions section for the Vacation Rental Act, adding and defining advanced payments and landlord.
Amends GS 42A-16(a) concerning advanced payments, providing that a real estate broker can disburse from advanced rents any management fee earned as determined by the written agency agreement. Specifies procedures in the event a refund is due to the tenant.
Amends GS 42A-19(b) concerning the transfer of property subject to a vacation rental agreement, providing that a real estate broker, if holding advanced rents at the time of the termination of the landlord's interest, can deduct earned management fees from the advanced rents transferred to the landlord's successor in interest. If such a deduction is made, the landlord is responsible to the successor in interest for the amount deducted.
Amends GS 42A-31, Landlord to provide fit premises, adding clarifying language to the requirement to comply with the building and housing code, providing that no new requirement is imposed if a structure is exempt from a current building or housing code. Adds a requirement that landlords of a residential vacation rental must provide a minimum of one operable carbon monoxide alarm per rental unit per level, approved and certified as specified. Includes several other provisions concerning the installation and maintenance of the carbon monoxide alarms. Provides that the carbon monoxide requirement only applies to units having a fossil fuel burning heater, appliance, or fireplace or any attached garage. Provides that operable detectors installed before January 1, 2015, are deemed to be in compliance with this requirement.
Enacts GS 42A-33, Responsibilities and liability of real estate brokers, establishing five responsibilities that a real estate broker has when managing a vacation rental property on behalf of a landlord, including verifying that the landlord has installed operable smoke detectors and carbon monoxide alarms. Exempts such real estate brokers from liability as a party in any civil action between the landlord and tenant if they fail to identify the landlord of the property in the vacation rental agreement.
Enacts GS 42A-37, Early termination of vacation rental agreement by military personnel, allowing members of the Armed Forces who have executed a vacation rental agreement to cancel the agreement if they receive (1) an order for deployment with a military unit overlapping the rental period or (2) permanent change of station orders to relocate before the beginning of the rental period by providing a written notice of termination within ten calendar days of receiving the orders. Requires copies of the orders or written verification by a commanding officer for cancellation. Includes various other provisions regarding the permitted cancellation, including that this termination right extends to a military member's spouse.
Amends GS 42-36.2(a) concerning execution of writs for possession of property, making a clarifying change.
Enacts subsection GS 42-44(c1) making conforming changes to remedies, penalties, and limitations, exempting real estate brokers from liability as a party in any civil action between the landlord and tenant if they fail to identify the landlord of the property in the vacation rental agreement.
Amends GS 42-46(f) concerning court-appearance fees, clarifying that if a tenant appeals the judgment of the magistrate as provided for in this section, then any fee awarded by a magistrate to the landlord under this subsection will be vacated. Makes clarifying changes to the catchline of this section.
Effective July 1, 2015.
Enacts new GS 143-134.4 (concerning local contracts for locally sourced goods and services) and new GS 143-63.3 (concerning public contracts for locally sourced goods) to prohibit a bidder from stating that goods to be provided under the contract are produced locally or that services to be provided under the contract are provided by local contractors or subcontractors or make any substantially similar claim, unless the goods are produced or the contractors and subcontractors based within the applicable radius. Defines the applicable radius as (1) if the public entity letting the contract is a municipality, 50 miles from that municipality; or (2) if the public entity letting the contract is a county, a distance equal to the distance between the center of the county and the farthest point in that county.
| Intro. by L. Hall. | GS 143 |
As the title indicates. Requires the Legislative Research Commission to report its findings to the 2016 Regular Session of the 2015 General Assembly upon its convening.
| Intro. by L. Hall. | STUDY |
Amends GS 138A-33 to prohibit a public servant as defined by GS 138A-3(30)a (constitutional officers of the State, (30)d (the chief deputy and chief administrative assistant of each specified individual), and (30)f (employees in exempt positions designated in accordance with GS 126-5(d)(1), (2), or (2a) and confidential secretaries to these individuals) from receiving any outside earned income while serving in that position.
Amends GS 138A-24 to lower the amount at which assets and liabilities, income, legal fees, and payments for consulting services must be disclosed in statements of economic interest from $10,000 to $1,000.
Effective October 1, 2015, and applies to statements of economic interest filed on or after that date.
| Intro. by L. Hall. | GS 138A |
Amends GS 143B-435.1 to require the Department of Commerce to report, in addition to clawbacks triggered under the specified economic development funds, on steps that have been taken to obtain repayments. Expands on the items that must be included in the report to also include the location of the project with which the economic development incentive is associated, the date the economic development incentive was awarded, and the date that the clawback was triggered. Applies to reports submitted on or after the date the act becomes law.
| Intro. by L. Hall. | GS 143B |
Amends GS 113-395.1 to add that the applicant for a permit to conduct oil and gas operations must contract with a qualified and approved third party to conduct an environmental audit of the proposed site. Requires the baseline data for groundwater, surface water, and air quality and the data resulting from the pre‑drilling test of water supplies be used to prepare a comprehensive report detailing the conditions of environmental media at the proposed site before issuing a permit. Requires all vehicles transporting wastewater produced from an oil and gas drilling operations to contain a clear and visible label affixed to the outside of the vehicle indicating that the vehicle is transporting wastewater produced from these activities.
| Intro. by L. Hall. | GS 113 |
As title indicates. Requires the proposed constitutional amendment to be approved by the voters at the general election in November 2016. Makes conforming changes to GS 18C-102 and GS 18C-164 if the amendment is approved.
Provides that if H 250, enacting the Corner Store Initiative Act to assist healthy food small retailers, does not become law, then Part 2J of Article 10 of GS Chapter 143B is enacted and amended as follows. Renames the Part as Healthy Food Financing. Enacts new GS 143B-437.92 creating the Office of Food Business Development (Office) with specified powers, including identifying and implementing methods for improving access in the state to nutrient-dense foods, and coordinating the interaction of the state's farming and agriculture industries with food businesses in the state.
Enacts new GS 143B-437.93 establishing in the Office the Access to Healthy Food Financing Fund (Fund). Requires moneys in the Fund to be used to expand access to fresh produce and other nutritious foods in low‑income communities by offering financing for the opening, renovation, and expansion of food businesses. Encourages the Office to award at least 25% of amounts from the Fund in the form of grants or forgivable loans. Sets out the eight criteria for evaluating an application for financing, including the applicant's proposed plan for use of funds, the applicant's capacity to successfully implement the project and the likelihood that the project will be economically self‑sustaining, and the level of need in the area to be served. Allows the Office to enter into an agreement to provide financing to food businesses. Specifies provisions that must be met by a food business to be eligible to receive funds, including that the food business is located in a low‑income community or underserved community. Requires the Office to report annually on recommended policy changes, projects funded, and other specified topics. Provides that a food business receiving an award from the Fund forfeits the award if the business fails to maintain the applicable eligibility requirements during the term of the agreement.
| Intro. by Holley, Gill, Jackson, G. Martin. | GS 143B |
Requires the Joint Legislative Economic Development and Global Engagement Oversight Committee (Committee) to study the tax benefits and economic incentives offered by the State of New York with the START‑UP NY Program for purposes of evaluating the cost, need, benefit, and efficacy of the offered incentives. Requires the Committee to report to the 2016 Regular Session of the 2015 General Assembly upon its convening. Specifies 12 issues that must be considered in the study.
| Intro. by R. Moore. | STUDY |
Specifies that the act applies only to overpayments made by the Department of Health and Human Services (DHHS) to Medicaid providers as a result of the Department's delayed implementation of the rate reduction for services rendered by primary care physicians on or after January 1, 2015. Requires DHHS to give providers an extended period of up to 12 months for the repayment of the overpayments if the immediate recoupment of the overpayment would cause a hardship to the provider. Prohibits DHHS from beginning automated recoupment of the overpayments described before June 1, 2015. Requires setting a deadline before June 1, 2015, for providers to request a hardship extension. Prohibits charging interest or a late‑payment penalty on overpayments subject to a hardship extension as long as the provider makes timely payments in accordance with the repayment plan.
| Intro. by Farmer-Butterfield, Richardson. | UNCODIFIED |
Enacts new GS 14-401.26 to make it a Class H felony to knowingly disclose an image of another identifiable person whose intimate parts are exposed or who is engaged in a sexual act, when the person knows or should have known that the depicted person has not consented to such disclosure and under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy. Sets out exceptions for images involving voluntary exposure in public or commercial settings, and disclosures made in the public interest. Gives any person whose image is disclosed, or used, a civil cause of action for the recovery of actual damages, but not less than liquidated damages, to be computed at the rate of $1,000 per day for each day of the violation or in the amount of ten thousand dollars ($10,000), whichever is higher; punitive damages; and reasonable attorneys' fees and other litigation costs. Effective December 1, 2015.
| Intro. by Bryan. | GS 14 |
Amends GS 14-202 as the title indicates. Applies to offenses committed on or after December 1, 2015.
| Intro. by Bryan. | GS 14 |
Enacts new GS 14-118.8 to make it a Class H felony to knowingly and without consent engage in a credible impersonation of another actual person online or through other electronic means for the purposes of harming, intimidating, threatening, or defrauding another person; violations are punishable by a fine not to exceed $1,000, or by imprisonment, or by both. Provides that a person whose information is disclosed or used, after being obtained by credible impersonation, has a civil cause of action and specifies amounts that may be recovered. Sets out exceptions for a law enforcement officer while the officer is discharging or attempting to discharge official duties, and a person licensed under GS Chapter 74C (Private Protective Services) or GS Chapter 74D (Alarm Systems) while engaged in the discharge of the person's professional duties. Applies to acts committed on or after December 1, 2015.
| Intro. by Bryan. | GS 14 |
Amends GS 113A-4 to require every state agency to include a detailed statement as to the direct environmental impact (was, environmental impact) of any proposed action that involves a significant expenditure of public funds or use of public land for projects that significantly affect the quality of the environment of this state. Provides that an agency that fails to utilize the comment period to make comments under this section or request an extension of time to prepare its comments is to be assumed to have concluded that there is no significant environmental impact expected from the proposed action.
Amends GS 113A-9 modifies the definition for public lands and amends "use of public land" to mean land disturbing activity of greater than 20 acres resulting in substantial, permanent changes in the natural cover or topography. Adds a definition for "significant expenditure of public moneys" meaning expenditures of public funds that are greater than $20 million for a single project or action, or a related group of projects orations.
Amends GS 113A-10 to provide that the provisions of Article 1, GS Chapter 113A do not require the preparation of a separate environmental document as long as the environmental document or comment meets the provisions of this Article.
Amends GS 113A-11 to require that each state agency shall (was, may) adopt rules that establish minimum criteria and no longer makes these rules subject to approval by the Secretary of Administration.
Expands the provisions of GS 113A-12, which lists certain cases in which no environmental document is required.
Deletes all the requirements in GS 159G-38 regarding an environmental assessment but retains provision permitting the Division of Water Infrastructure to hold a public hearing on an application for a loan or grant under this Article if the Division determines that holding the hearing serves the public interest.
Amends GS 90-352 to add and define the term medical nutrition therapy as the provision of nutrition care services to maintain or treat a medical condition. Makes technical changes.
Amends GS 90-365 to no longer make it illegal to engage in the practice of dietetics/nutrition without a license and makes it illegal to practice medical nutrition therapy without a license. Makes technical changes.
Effective July 1, 2015.
| Intro. by B. Brown. | GS 90 |
Amends GS 14-269 and GS 14-415.11 as the title indicates. Effective December 1, 2015.
| Intro. by Cleveland, Whitmire, Faircloth. | GS 14 |
Amends GS 160A-400.7, Historic Preservation Commission (Commission), deleting language which previously allowed a municipality to designate a community appearance commission, as specified, to serve as its historic preservation commission.
Amends GS 160A-400.8, Powers of the Historic Preservation Commission, clarifying that a Commission has the authority to enter private lands, with the consent of the owner, only for the performance of its official duties and then only at reasonable times, in order to prepare a renovation report or other report to aid in the review of a certificate of appropriateness application, examination, or survey.
Amends GS 160A-400.9, Certificate of appropriateness required, to provide that applications for certificates of appropriateness must be reviewed and acted upon within a time period not to exceed 120 days (was, 180 days). Adds language that provides that if the application is not acted on within that time frame then the certificate must be issued. Adds language which provides that appeals heard before the Board of Adjustment cannot be voted on by a member that serves on both the Commission and the Board of Adjustment. Adds new subsection (e1), providing that a party that desires to appeal a decision of the Board of Adjustment can submit the matter to binding arbitration in lieu of appealing to superior court. Sets outs regulations and procedures for completing binding arbitration, including that the costs will be split among the parties equally.
Amends GS 160A-400.14, Delay in demolition of landmarks and buildings within historic district, providing that an approved certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building cannot be denied but can have its effective date delayed up to 270 days from the date of approval (was, 365 days). Provides that the demolition or destruction of a site or building located on a proposed landmark can be delayed by the commission or planning board up to 60 days (was, 180 days) or until the governing board decides to take final action on the designation as a landmark, whichever occurs first.
Enacts GS 160A-400.16, Renovation report by Historic Preservation Commission, defining renovation report as an informational report issued by a historic preservation commission or its designee. Sets out what a renovation report must contain at a minimum, including a listing of materials appropriate for use in alteration or restoration of the exterior features as specified. Provides that a renovation report cannot include stand-alone new construction, demolition or the moving of a structure on the subject parcel. Sets out procedures for requesting a renovation report by an owner or a potential purchaser. Provides that renovation reports issued by a Commission are valid for one year after issuance and are fully transferable.
Effective October 1, 2015, applying to applications for certificates of appropriateness submitted on or after that date.
| Intro. by Brody. | GS 160A |
Amends GS 20-16.2(c1) to provide that when a person has an alcohol concentration of 0.13 (was, 0.15) or more, the law enforcement officer and the chemical analyst must execute an affidavit stating the specified information. Makes technical changes.
Amends GS 20-17.8 to require the use of an ignition interlock system when restoring the license of a person who had an alcohol concentration of 0.13 (was, 0.15) or more. Adds the requirement that the Division of Motor Vehicles revoke the drivers license of a person subject to the statute if an ignition interlock system is disabled or removed. Makes conforming and technical changes.
Amends GS 20-179.3, concerning limited driving privilege, as follows. Requires that a limited driving privilege issued to a person convicted of an impaired driving offense with an alcohol concentration of 0.13 (was, 0.15) or more include the specified provisions; removes from those provisions the requirement that the privilege not become effective until at least 45 days after the final conviction. Amends the definition of standard working hours to include Saturday and Sunday. Makes conforming, clarifying, and technical changes.
Effective December 1, 2015, and applies to offenses committed on or after that date and restorations for offenses committed on or after that date. Provides that prosecutions for offenses committed before the act's effective date are not abated or affected.
| Intro. by Jackson, Jordan, Faircloth. | GS 20 |
Amends GS 115C-831.15 to provide that the school achievement score accounts for 50% (was, 80%) and the school growth score accounts for 50% (was, 20%) of the total sum in calculating the school performance score. Applies beginning with the 2014-15 school year.
| Intro. by Johnson. | GS 115C |
Enacts new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A. Requires a wireless services provider to give call location information for the device of a user to a requesting law enforcement agency or public safety answering point; only allows the request to be made in an emergency situation involving an imminent risk of death or serious physical harm. Provides that no cause of action can be brought against the provider or specified persons for providing the information. Requires the State Bureau of Investigation to keep a database of emergency contact information for all wireless telecommunications carriers registered to do business in the state and make the information available when requested to all public safety answering points in the state.
Enacts new GS 15A-265 to allow a law enforcement officer to install and use a pen register or trap and trace device if it is determined that: (1) an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained and (2) there are grounds upon which an order could be entered under GS Chapter 15A to authorize such installation and use. Requires the officer to seek an order approving the installation or use within 48 hours. Requires the use to stop immediately when there is no authorizing order, upon the earlier of when the information sought is obtained, when the application for the order is denied, or when 48 hours have lapsed. Makes conforming changes to GS 15A-265.
| Intro. by Hurley, Glazier, Schaffer, Lambeth. | GS 15A |
Enacts new GS Chapter 143E providing for the measurability assessment of any proposed or existing state programs to determine whether the program is or will be capable of reporting performance and return on investment. A measurability assessment is an independent evaluation conducted on a new or existing state program. The Office of State Budget and Management (OSBM) must use a competitive process to prequalify independent measurability assessors. OSBM is required to establish standards for assessor qualifications, independence, and conducting and reporting measurability assessments. If an assessment is required, OSBM will require the agency or institution being assessed to reimburse OSBM for the assessor's costs and for a share of OSBM costs for administering the program. Effective October 1, 2015.
| Intro. by Blackwell, Avila. | GS 143E |
Enacts new GS Chapter 93F, North Carolina Clinical Laboratory Science Practice Board. Establishes the five-member North Carolina Clinical Laboratory Science Practice (Board), which has 12 duties, including administering the provisions of this Chapter, establishing licensing criteria for applicants, and establishing continuing education and competency requirements for licensees. Sets out Board membership requirements, sets membership terms, provides for the filling of vacancies and removal of Board members, as well as additional provisions for Board operations. Prohibits, on or after January 1, 2016, a person from engaging in the practice of clinical laboratory science or holding out to the public that the person is a clinical laboratory science practitioner without a license. Sets out five exemptions from the licensure requirement. Licenses are valid for two years. Allows the Board to take disciplinary actions, including suspending or revoking a license under specified conditions.
| Intro. by Glazier, Lambeth. | GS 93F |
As title indicates. Makes the reimbursements provisions effective January 1, 2016.
| Intro. by Avila. | UNCODIFIED |
Requires the Criminal Justice Education and Training Standards Commission and the Sheriffs' Education and Training Standards Commission, in consultation with the UNC School of Government, the North Carolina Conference of District Attorneys, and any other organizations that are determined to assist, to study the implementation and use of body-worn cameras by local and state law enforcement officers. Specifies issues that must be considered including the feasibility of equipping all law enforcement officers with a body-worn camera and the type and intensity of training a law enforcement officer should receive prior to using a body‑worn camera. Requires a report on findings and recommendations to the 2016 Regular Session of the 2015 General Assembly upon its convening.
| Intro. by Floyd, Faircloth, McNeill. | STUDY |
Amends GS 143C-2-5 to require the head of each state institution, department, bureau, agency, or commission (was, each head of a principal department listed in GS 143B-6) to review all state contracts and grants administered by that agency on a monthly basis. Requires all state institutions, departments, bureaus, agencies, or commissions (was, only those subject to the authority of the Director of the Budget) to have a website that includes a link to the NC OpenBook website on its homepage.
Requires the State Chief Information Officer to ensure that the data on grants or awards of public funds to non-state entities that is available on the NC OpenBook website is displayed in a consistent and easily accessible manner on the websites of all state institutions, departments, bureaus, agencies, and commissions. Requires the act to be fully implemented by December 31, 2015. Requires the State Chief Information Officer to report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division before August 1, 2015, on a time line for implementing this act.
| Intro. by Riddell. | GS 143C |
Includes whereas clauses.
Amends GS 130A-379 to require the Chief Medical Examiner to establish a sudden unexplained death in epilepsy (SUDEP) training program to educate medical examiners, and standard protocols governing medicolegal death investigations involving seizure disorders in order to identify SUDEP as a known or suspected cause of death.
Amends GS 130A-385 to require the Chief Medical Examiner's inquiries about the cause and manner of death for each death under investigation to include an inquiry to determine if death was a result of a seizure or epilepsy. Specifies actions that must be taken if the autopsy findings are consistent with the definition of known or suspected sudden unexplained death in epilepsy. Makes language gender-neutral.
Effective October 1, 2015.
| Intro. by Riddell. | GS 130A |
Amends GS 95-28.3 to add the requirement that employers grant, within a 12-month period, four hours of unpaid leave for short term caregiving responsibilities for immediate family members. Makes the leave subject to specified conditions, including that it be taken at a mutually agreed upon time between the employer and employee and that it be taken for the purpose of accompanying the employee's immediate family member to routine medical appointments or other professional services related to the immediate family member's care and wellbeing; caring for an immediate family member due to illness, injury, or a medical condition; or responding to a medical emergency involving the employee's immediate family member.
Amends GS 95-241 to prohibit discriminating or retaliating against an employee for taking any action, including filing a complaint, with respect to GS 95-28.3
Effective January 1, 2016.
| Intro. by Turner, Meyer. | GS 95 |
Enacts new GS 95-28.5 allowing an employee to use personal sick leave for absences due to an illness, injury, or medical appointment of the employee's immediate family members for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. Allows the employer to limit the use of personal sick leave for such use to an amount that is no less than the personal sick leave that would be accrued during six months. Specifies that the statute does not prevent an employer from providing greater sick leave benefits, or extending the maximum period of leave to which an employee is entitled under any other state or federal law.
Amends GS 95-241 to prohibit discriminating or retaliating against an employee who takes any action, including filing a claim, with respect to GS 95-28.5.
Effective January 1, 2016, and applies to sick leave used on or after that date.
| Intro. by Turner, Meyer. | GS 95 |
Enacts new GS 143C-3-3.1 to require the Governor, commencing with the fiscal year beginning July 1, 2017, to begin the implementation of a zero-based budget (as defined in the act). Requires a schedule for a four-year phase in. Requires the Governor to identify which agencies are required to submit a zero based budget for each of the four fiscal years and sets out requirements for those agencies.
Amends GS 143C-3-5, Budget recommendations and budget message, to require beginning with 2017‑18 that the Governor present budget recommendations to the General Assembly that include zero-based budgets for certain state agencies identified by the Governor; requires that beginning with 2021‑22, the entire budget for the 2021‑23 fiscal biennium be a zero‑based budget.
| Intro. by Blust. | GS 143C |
As the title indicates.
| Intro. by Carney, Howard, L. Hall, Setzer. | GS 120 |
As the title indicates.
| Intro. by C. Graham. | HOUSE RES |
Identical to S 118, filed on 2/27/15.
Adds new Article 43, North Carolina Naturopathic Doctors Licensure Act, to GS Chapter 90. Prohibits a person from practicing as a naturopathic physician without a state license issued pursuant to the bill, with specified exemptions. Defines naturopathic medicine generally as a system of natural health care that employs diagnosis and treatment using natural therapies and diagnostic techniques. Sets out the techniques that may and may not be used by naturopathic physicians. Makes violation of proposed GS 90-734 a Class 1 misdemeanor. Establishes the NC Naturopathic Physicians Licensing Board (Board), with seven members (three appointed by the Governor and two each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate, with each member having to come from specified groups) to be appointed by January 1, 2016. Prohibits members from serving more than two consecutive terms. Charges Board with administration of the licensing program. Sets out qualifications for licensure as a naturopathic physician, fees that may be charged by the Board, and the Board's disciplinary authority. Permits criminal record checks for licensees and persons seeking licenses. Creates a six-member Advisory Council to assist the Board in administration of the licensing program, with member terms beginning July 1, 2016.
| Intro. by Collins, Fisher. |
The Daily Bulletin: 2015-04-16
Senate committee substitute makes the following changes to the 1st edition:
Amends GS 95-111.13 regarding violations and monetary penalties under the Amusement Device Safety Act of North Carolina, lowering the maximum civil penalty amounts allowed for specified violations as provided for in subsections (a), (b), (d), and (e) as follows: subsection (a), from $2,500 to $500; (b), from $5,000 to $1,000; (d), from $5,000 to $1,000; and (e), from $10,000 to $2,000.
| Intro. by B. Jackson, Brock, Wade. | GS 95 |
Senate amendment makes the following changes to the 2nd edition.
Amends proposed GS 14-196.3(b)(5), which provides exceptions to the prohibition on knowingly installing or placing an electronic tracking device without consent, replacing the exception for parents or legal guardians of a minor, or any person authorized by the parent or legal guardian as a caretaker of the minor, with language that provides an exception for owners or lessors of any vehicle that installs, places, or uses an electronic tracking device unless they are subject to (1) a domestic violence protective order or (2) any court order that prevents the owner or lessor from assaulting, threatening, harassing, following, or contacting a driver or occupant of the vehicle.
| Intro. by Stein, Hartsell. | GS 14 |
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 122C-26(5) concerning the powers of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission), making technical changes and providing that the Commission has the authority to establish rules for facilities concerning their procedures for the training and record keeping of employees and volunteers in regards to protections for clients against abuse and exploitation.
| Intro. by Krawiec, Newton. | GS 122C |
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 105-160.2 as follows. Clarifies that the tax is computed on the amount of the taxable income of an estate or trust on a resident estate that is for the benefit of a resident current beneficiary and on a resident trust or a resident estate for the benefit of a nonresident current beneficiary, subject to limitations. Instead of allowing the Secretary to use a rebuttable presumption that the taxable income of a resident estate or trust must be equally apportioned among all current beneficiaries, requires that the taxable income be equally apportioned unless the fiduciary apportions and reports the taxable income of each resident estate or trust using an alternative approach and attaches to its tax return specified items reflecting a rational basis for the alternative approach.
| Intro. by Hartsell. | GS 105 |
The Daily Bulletin: 2015-04-16
House committee substitute makes the following changes to the 1st edition.
Amends proposed Chapter VIA, Public Works Commission (Commission), of the City of Fayetteville Charter, adding additional language concerning the membership of the Commission, providing that if a member is determined to no longer be a resident of the City, that member's seat immediately becomes vacant, with a successor to be appointed as specified. Makes a technical correction. Makes conforming changes to the provisions concerning the reasons that a member can be removed from office by a two-thirds vote for neglect of duties. Also provides that a member can be removed for neglecting to perform duties required by any existing or future Bond Order or other financing instrument providing for debt of the City payable from revenues of the utility system managed by the Commission.
Amends the power and duties provisions, replacing language that the Commission is a unit of government with language that clarifies that it is public authority within the meaning of GS 159-7(b)(10). Adds additional clarifying language that provides that the Commission is subject to any direction and control as provided for in any Financing Documents. Makes clarifying changes. Provides that the Commission has authority to make contracts that can include agreements for the bulk sale or purchase of power, water, or capacity.
Makes multiple clarifying changes to various provisions, providing that the Commission's budget does not have to be approved by the City Council. Requires compliance with provisions in any financial documents in regards to authority over property and concerning cash reserves. Provides for the Commission to remit to the City 1/12 of an annual amount equal to 5.20% of the gross retail metered sales, less any taxes, of services as specified (previously required monthly remittances of 5% of gross retail sales).
Adds language concerning the issuance of revenue bonds, providing that the City Council must approve by majority vote the incurring of debt or other financing of the utilities that involves pledging or securing of revenues or other assets. Makes clarifying and conforming changes.
Provides that the Commission can financially support local initiatives which can enhance or support the provision or growth of utility services if approved by at least three Commission members.
Amends provisions concerning special assessments providing that the City Council can, by a 2/3 vote, impose a special assessment for purposes related to providing utility services against benefitted property with a requirement that the terms and amount be agreed upon by the City Council and the Commission (previously, stated the City had the sole authority to make special assessments).
Adds that this Charter does not purport to include all of the acts necessary to carry on all the duties and privileges as specified, so it is to be supplemented by general law, with the Charter controlling in instances of conflict. Also states that nothing contained in these provisions is meant to contravene any provision of any financing documents and sets out provisions to ensure compliance with such financing documents.
| Intro. by Szoka, Floyd, Glazier, Lucas. | Cumberland |
The Daily Bulletin: 2015-04-16
Actions on Bills: 2015-04-16
H 4: CLARIFY UNMANNED AIRCRAFT SYSTEM LAW.
H 8: COURT OF APPEALS ELECTION MODIFICATIONS (NEW).
H 81: EXPAND 1%/$80 RATE FOR MILL MACHINERY.
H 108: SITE AND BUILDING DEVELOPMENT FUND.
H 122: ADD COUNTIES/TOWNS TO STATE HEALTH PLAN.
H 140: LINEMAN APPRECIATION DAY IN NC.
H 154: LOCAL GOVERNMENTS IN STATE HEALTH PLAN. (NEW)
H 163: CAPTIVE INSURANCE AMENDMENTS.
H 183: REPEAL MAP ACT.
H 186: CAPE FEAR WATER RESOURCES AVAILABILITY STUDY.
H 190: STATE HEALTH PLAN MODIFICATIONS.-AB
H 237: REPEAL PERSONAL ED PLANS/MODIFY TRANS PLANS. (NEW)
H 241: DESTROY FIREARM/CRIME OF ASSAULT OR MURDER.
H 253: JUSTICE REINVESTMENT ACT CHANGES.-AB
H 259: GENERAL GOVERNMENT TECHNICAL CORRECTIONS.-AB
H 264: COMMUNITY COLLEGES 403(B) PLAN.-AB
H 277: RETIREMENT ADMIN. CHANGES ACT OF 2015.-AB
H 288: INSURANCE TECHNICAL CHANGES.-AB
H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)
H 332: ENERGY POLICY AMENDMENTS.
H 340: WEEKEND BURIALS/STATE VETERANS CEMETERIES.
H 356: NCUC REG. FEE CHANGES.
H 357: Chemical Analysis Reports/District Court
H 364: CLARIFY LAWS ON EXEC. ORDERS AND APPOINTMENTS.
H 370: CERTAIN LOCAL GOVTS IN STATE HEALTH PLAN.
H 373: ELECTIONS. (NEW)
H 390: BEAUFORT CO. CC/WASHINGTON CO.
H 401: AUTHORIZE DATA SHARING FOR NCLDS.
H 402: STUDY MUNICIPAL ELECTIONS IN EVEN YEARS.
H 408: ADOPTION/POST-ADOPTION SERVICES STUDY COMM.
H 429: AMEND MED. MAL. HEALTH CARE PROVIDER DEFIN.
H 430: COUNTY OMNIBUS LEGISLATION.
H 434: HANDICAP PLACARD/MED. RECERTIFICATION.
H 437: CREATE PERMIT EXEMPTIONS/HOME RENAL PRODUCTS.
H 464: REGIONAL TRANSPORTATION AUTHORITY REVISIONS.
H 471: LRC/HOMELAND SEC. & LEGISLATIVE SECURITY.
H 506: 911 FUND DISTRIBUTION.
H 513: REAL PROPERTY/TECHNICAL CORRECTIONS.
H 529: NC DRIVERS LICENSE RESTORATION ACT.
H 530: LOCAL GOV'TS/INSPECT BLDGS & STRUCTURES.
H 538: WATER AND SEWER SERVICE RELATED CHANGES (NEW).
H 540: BILLY GRAHAM/NATIONAL STATUARY HALL.
H 551: DOT SALES OF UNUSED PROPERTY.
H 552: GRAFFITI VANDALISM.
H 558: RESERVES & NAT. GUARD/MILITARY AFFAIRS COMM.
H 561: SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.
H 571: IMPLEMENT CLEAN POWER PLAN (NEW).
H 574: OPOSSUM EXCLUSION FROM WILDLIFE LAWS.
H 595: MILITARY EXPERIENCE/LEO CERT. REQUIREMENTS.
H 638: CAPITALIZE ON WETLAND MITIGATION.
H 681: NC ENERGY RATEPAYERS PROTECTION ACT.
H 760: REGULATORY REFORM ACT OF 2015.
H 804: KELSEY SMITH ACT.
H 881: LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
H 899: STATE/TANF FUNDS/BOYS AND GIRLS CLUBS.
H 900: ELIMINATE CORPORATE TAX CUT TRIGGERS.
H 901: AGRIBUSINESS INCOME TAX EXEMPTIONS.
H 902: TRANSFORMING PRINCIPAL PREPARATION.
H 903: COUNTY TAX FLEXIBILITY/MUNICIPAL REV OPTS.
H 904: STUDY DRAINAGE NEEDS/LOW-LYING AREAS (NEW).
H 905: MERGE CEMETERY COMM./FUNERAL SERVICE BOARD.
H 906: QUALIFIED BUSINESS INVESTMENTS CREDIT.
H 911: VARIOUS CHANGES TO THE REVENUE LAWS.
H 912: TAXATION OF TRIBAL LAND AND TOBACCO PRODUCTS (NEW).
H 913: NATUROPATHIC DOCTORS LICENSING ACT.
H 914: FARMLAND PRESERVATION FUNDING.
H 915: VETERANS PLATES/VEHICLE WEIGHT RESTRICTION.
H 916: PERSONAL EDUCATION SAVINGS/DISABLED STUDENTS.
H 917: LOAN REPAYMENT ASSIST./CERTAIN TEACHERS.
H 918: TEACHER EDUCATION PREPARATION REDESIGN PILOT.
H 919: FUNDING FOR DRIVER EDUCATION.
H 920: OMNIBUS ECONOMIC DEVELOPMENT IMPROVEMENTS.
H 921: EDUCATIONAL OPP. FOR PEOPLE W/DISABILITIES.
H 922: VIDEO SWEEPSTAKES REGULATION AND TAXATION.
H 923: BEHAVIORAL HEALTH PARTNERSHIP PILOT PROGRAM.
H 924: HIGHWAY SAFETY/OTHER CHANGES.
H 925: REQUIRE HOSPITALS TO OFFER INFLUENZA VACCINE.
H 926: PROMOTING ACCELERATED STUDENT SUCCESS.
H 927: REESTABLISH NC AS THE "GOOD ROADS STATE".
H 928: TWO-THIRDS VOTE TO LEVY TAXES.
H 929: TAXPAYERS' BILL OF RIGHTS.
H 930: BUY BACK RENEWABLE ENERGY PROPERTY CREDIT.
H 931: CONST. AMENDMENT/HOA FORECL. & DEBT SETOFF.
H 932: FUNDS TO MAINTAIN TROSA SA SVCS. STATEWIDE.
H 933: SUCCESSFUL TRANSITION/FOSTER CARE YOUTH.
H 934: TAX RELIEF ACT OF 2015.
H 935: CRIMINAL PROCEDURE CHANGES/DRUG COURT FUNDS.
H 936: STEM SCHOLARSHIP PROGRAM.
H 937: MODIFY CERTAIN CEMETERY REQUIREMENTS.
H 938: COMPREHENSIVE GAMING REFORM.
H 939: RESTORE FUNDING FOR TOBACCO USE PREVENTION.
H 940: 2015 GOVERNOR'S BUDGET.
H 941: PROTECT SENIORS' HEALTHCARE CHOICE.
S 7: FOOD STAND SEATING & OUTDOOR FOOD SERVICE.
S 75: LABOR/UP AMUSEMENT DEVICE PENALTIES.
S 123: UNIFORM FRAUDULENT TRANSFER ACT.
S 154: CLARIFYING THE GOOD SAMARITAN LAW.
S 157: ENHANCE PATIENT SAFETY IN OPERATING ROOMS.
S 174: RAIL CORRIDOR LEASE/CITY OF WILMINGTON.
S 183: ELIMINATE CRVS FOR MISDEMEANANTS.
S 233: AUTOMATIC EXPUNCTION/MISTAKEN IDENTITY.
S 238: STALKING BY GPS/CRIMINAL OFFENSE.
S 269: LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
S 311: REGISTER OF DEEDS/FILING FALSE MARRIAGE DOCS.
S 313: INDUSTRIAL HEMP. (NEW)
S 333: TEACHER TRANSITION DATA.
S 349: AMD VARIOUS LAWS/STUDY GOLF COURSE TAX POLICY. (NEW)
S 366: AMEND CERTAIN REQS/PERMANENCY INNOVATION COMM.
S 370: E-SIGNATURES/VEHICLE TITLE AND REGISTRATION.
S 372: RENEWABLE ENERGY SAFE HARBOR.
S 419: LIMIT REVOLVING DOOR EMPLOYMENT.
S 423: FOSTER CARE FAMILY ACT.
S 445: BURT'S LAW.
S 462: PUBLIC AUTHORITIES/NONPROFIT CORPORATIONS.
S 468: TRUST TAXABLE INCOME CLARIFICATION.
S 487: HEALTH CHOICE TECHNICAL REVISIONS.-AB
S 488: AMEND UNIFORM INTERSTATE FAMILY SUPPORT ACT.-AB
S 504: MOBILE BEAUTY SALONS.
S 534: 2015 CONTINUING BUDGET AUTHORITY (NEW)
S 573: STRENGTHEN OYSTER INDUSTRY.
S 661: PRIVATE LABS MUST COMPLY WITH CODIS.
S 675: LIMIT PAROLE REVIEW FREQUENCY.
S 679: NC CONSUMER FINANCE ACT AMENDMENTS.
S 680: NC MONEY TRANSMITTERS ACT.-AB
S 682: MODIFY SUNSET RE: CONTINGENT AUDITS.
S 712: CONFIRM DIRECTOR OF SBI.
Actions on Bills: 2015-04-16
H 235: GODWIN/REPEAL SPIRITUOUS LIQUORS BAN.
H 311: ABC STORE ELECTION/TOWN OF LELAND.
H 392: FAYETTEVILLE CHARTER/PWC CHANGES.
H 393: TRI-COUNTY CC/BD. OF TRUSTEES.
H 421: FILL VACANCY ON BD OF COMM BY PARTY/CHATHAM.
H 469: SUNSET BEACH/PARKING METER PROCEEDS.
H 478: BRUNSWICK CTY/NAVIGABLE WATERS.
H 492: RUTHERFORD CTY/RUTHERFORD AIRPORT AUTHORITY.
H 503: MOORE CO. COMM. AND BD. OF ED. CHANGES (NEW).
S 50: Wilson County Occupancy Tax Modification.
S 141: WAYNESVILLE ANNEXATION/REFERENDUM.
S 214: VILLAGE OF WESLEY CHAPEL/DEANNEXATION.
S 218: FRANKLIN/ARCHDALE/SATELLITE ANNEXATIONS.
S 249: ZONING/RECREATIONAL LAND REQ.-MORRISVILLE.
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