House committee substitute make the following changes to the 1st edition.
Amends GS 115C-407.41 to require guidelines and educational materials on the awareness, recognition, and management of sudden cardiac arrest (was, on the nature and warning signs of sudden cardiac arrest and the risks associated with continuing to play or practice after experiencing one of more symptoms of cardiac arrest). Adds to the organizations whose materials may be used in developing the guidelines and materials. Requires the State Board of Education to publish a list of approved providers of CPR Instruction training courses (was, sudden cardiac arrest training courses) to be offered to coaches. Requires student athletes to complete a heart history questionnaire before participating in athletics. Requires coaches to complete and maintain CPR certification (was, complete a sudden cardiac arrest training course). Deletes provisions concerning the removal (and subsequent reinstatement) of students showing signs or symptoms of sudden cardiac arrest. Makes conforming changes.
Makes the act effective beginning with the 2016-17 (was, 2015-16) school year.
Makes conforming changes to the act's short and long titles.
The Daily Bulletin: 2015-04-21
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The Daily Bulletin: 2015-04-21
| Intro. by Carney, Horn, McGrady, Glazier. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Provides that the act applies to exemption certificates issued on or after July 1, 2015 (was, applies to sales made on or after that date).
| Intro. by Holloway, Whitmire, Riddell. | GS 105 |
House committee substitute makes the following changes to the 1st edition.
Amends GS 58-21-35(a) to allow a surplus lines licensee to file the required report with the appropriate stamping office, in addition to also filing information with the Commissioner.
Amends GS 58-21-40, making technical and conforming changes.
Amends GS 58-21-65(c) concerning licensing of surplus lines licensees, deleting a requirement that nonresident surplus lines licensees must be licensed under GS Chapter 58, Article 33, Licensing of Agents, Brokers, Limited Representatives and Adjusters. Makes conforming changes.
Makes conforming changes to the catch line of GS 58-21-70 to read Surplus lines licensees may accept business from other agents or brokers.
| Intro. by Pendleton, Tine, Setzer. | GS 58 |
House committee substitute makes the following changes to the 1st edition:
Amends proposed GS 136-18(44a), adding clarifying language that the Department of Transportation (DOT) can operate or contract for specified receipt-generating activities when the DOT owns or leases the passenger rail facility, owns the rail equipment, or holds leasehold or license rights for the purpose of operating passenger stations. Makes conforming changes. Deletes provision which provided that the DOT could operate or contract for any other receipt-generating activity not otherwise forbidden by applicable law pertaining to public health or safety.
Deletes Section 2 of the act, which amended GS 136-89.216 to extend the payment deadlines for road tolls.
Changes the act's long title.
House committee substitute makes the following changes to the 1st edition.
Changes the short title.
Deletes all of the provisions from the previous edition.
Amends GS 135-5.3, Optional participation for charter schools operated by private nonprofit corporations, deleting subsections (a) and (b), which provided a 30-day time limit for charter schools to elect to participate in the Teachers' and State Employees' Retirement System (System). Adds new provisions providing that the board of directors of an approved charter school, pursuant to GS 115C-218.5, can elect to become a participating employer in the Retirement System. Directs such a charter school to file an application with the Board of Trustees for participation. Provides that the charter school must agree to make the contributions required of participating members and other transactions as specified. Provides that charter schools electing to participate can do so on a provisional basis, requiring actuarial and financial review one year after provisional entry. Charter schools electing to participate after operating for a year must be approved by the Board of Trustees, with such decision being based on the results of actuarial and financial reviews. Sets out provisions governing such reviews. Sets out criteria that must be met for the Board of Trustees to grant final approval, including that the charter school has not been identified as inadequate. Deletes language which made the election to participate irrevocable. Makes clarifying and conforming changes.
Enacts GS 120-114(f), requiring the Fiscal Research Division to obtain an estimate of cost of the withdrawal liability for any agency or institution if any bill or resolution contemplates removing the agency as a participating employer in the System or the Local Governmental Employees' Retirement System. Makes conforming changes to the section catch line.
Enacts GS 135-8(i) and GS 128-30(i), Procedure and Payment to Cease Participation in either the System or the Local Governmental Employees' Retirement System, setting out the procedure and withdrawal payment calculations for agencies and institutions that desire to withdraw from their respective retirement system. Requires the employer to notify its employees and the Board of Trustees, in writing, of its intent to withdraw as well as requiring a lump-sum withdrawal payment to the Board of Trustees. The lump-sum amount is calculated as either a maximum of $1,000 or an amount calculated as specified reflecting accrued actuarial costs and value.
Enacts GS 115C-218.100(a1) providing that in the event of a voluntary or involuntary dissolution of a charter school, the funds reserved for closure proceedings must be first applied to pay wages to employees, then to funds owed to the Retirement System, and lastly to funds owed to the State Health Plan.
Amends GS 128-21(17), the definition for prior service concerning the Local Governmental Employees' Retirement System, providing that service rendered prior to the time the employer began participation does not count if the participation began on or after August 1, 2015.
Amends GS 128-26(a), to require specified employees to file detailed statements of all service rendered to their employer if participation in the retirement system began prior to November 1, 2015.
Effective January 1, 2016.
House amendment makes the following changes to the 2nd edition:
Amends proposed GS 135-5.3(b3) to require the Board of Trustees to give provisional participating employers a 90-day written notice that the required employee or employer contributions have not been received before revoking the charter school's provisional entry.
House committee substitute makes the following changes to the 1st edition.
Adds a Section to the act amending GS 113A-52.01 to provide that the Sedimentation Pollution Control Act does not apply to land disturbing activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands.
Amends the act's long title.
House committee substitute make the following changes to the 1st edition.
Adds a section amending GS 115C-218.1 by adding the requirement that the State Board of Education and the North Carolina Charter Schools Advisory Board evaluate charter school applications based on the content and substance of the applications to determine whether boards of directors and charter schools may exhibit a higher likelihood of meeting the requirements in GS 115C-218.5(a). Requires giving the applicant at least five days to correct format issues or incomplete information. Requires the Advisory Board to allow an applicant to address the Advisory Board for at least 10 minutes immediately before any final vote on the application. Applies to initial applications for and the renewal of a charter on or after the date that the act becomes law.
Amends GS 115C-218.5(a)(3) to allow granting a charter school application after finding, among other criteria, that granting the application would achieve the purposes in GS 115C-218, Purpose of charter schools and establishment of North Carolina Charter Schools Advisory Board (was, GS 115C-269.1).
Amends the act's long title.
| Intro. by Jeter, Steinburg. | GS 115C |
House committee substitute makes the following changes to the 1st edition:
Makes technical and clarifying changes.
| Intro. by Millis. | GS 20 |
House committee substitute makes the following changes to the 1st edition.
Deletes language which stated parties have the option of submitting a written report of the opinion that an expert witness will express and the basis and reasons for it, unless otherwise stipulated or ordered by the court. Now provides that this option exists and does not provide for preemption by the court or by stipulation.
Makes technical changes.
Adds clarifying language that provides that the notice requirements provided in Rule 26(b) concerning witnesses providing written reports do not apply if neither party had less than 120 days notice of the trial.
House committee substitute makes the following changes to the 1st edition.
Makes language in GS 106-850(b)(10) and GS 139-60(c1) gender neutral.
Clarifies that the act applies to applications submitted or pending on or after the date that the act becomes effective.
House committee substitute makes the following changes to the 1st edition.
Amends GS 115C-47 to require local boards of education to adopt a School Risk Management Plan (SRMP) (was, emergency response plans) and requires one to be adopted for each school in its jurisdiction. Requires using the School Risk and Response Management System (SRRMS) in constructing and maintaining the plans. Requires the SRMPs to be adopted by March 1, 2017.
Amends GS 115C-105.49 as follows. Requires local school administrative units (was, principals and other applicable officials) to hold tabletop exercises and drills. Modifies the requirements for the drill and tabletop exercise. Requires the Department of Public Instruction, Division of Emergency Management, and the Center for Safer Schools to provide guidance and recommendations on the types of hazards to plan and respond to.
Enacts new GS 115C-105.49A requiring the Department of Public Instruction (DPI), Division of Emergency Management, and the Center for Safer Schools to construct and maintain a SRRMS. Sets out requirements for the construction of the SRRMS. Provides that data and information in the SRRMS is not considered public record. Applies beginning with the 2015-16 school year.
Amends GS 115C-105.51 to return the responsibility for the anonymous tip line to the local school administrative units and allows the Department of Public Safety (DPS), Division of Emergency Management, and the Center for Safer Schools to develop standards and guidelines for the tip lines. Expands the purpose of the anonymous safety tip line application to also include receiving information on risks to the school population. Amends the purpose of the statewide panic alarm system to be launching real time 911 messaging to Public Safety Answering Points (was, purpose of displaying information on risks). Allows the Department of Public Safety, in consultation with DPI and the NC 911 Board, to develop standards and guidelines for the panic alarm tool. Adds that data and information acquired and stored by the anonymous safety tipline are not public record. Allows collection of the annual aggregate number and type of tips sent to the anonymous tip line. Requires DPS to implement an anonymous safety tip line application and a statewide panic alarm system by July 1, 2016.
Amends GS 115C-105.53 to make the following change. Allows local school administrative units to provide local law enforcement agencies with keys to the main entrance of all school buildings or emergency access to key storage devices. Applies beginning with the 2015-16 school year.
Amends GS 115C-105.54 to remove references to School Emergency Response Plans (SERPs). Applies beginning with the 2015-16 school year.
Amends GS 115C-218.75 to encourage charter schools to adopt SRMPs (was, emergency response plans). Encourages charter schools, at least once a year, to hold lockdown exercises. Encourages charter schools to provide schematic diagrams and emergency response information, and provides that those items are not public record. Encourages charter schools to adopt an SRMP by March 1, 2017.
Amends GS 115C-238.66 to amend the power of the board of directors of regional schools to encourage the adoption of an SMRP (was, emergency response plan), holding lockdown exercises at least once a year and providing schematic diagrams and emergency response information. Encourages regional schools to adopt an SRMP by March 1, 2017.
Adds that the money the General Assembly intends to provide for grants may also be used for additional school counselors and school social workers.
Makes conforming changes.
Amends the act's long title.
House committee substitute makes the following changes to the 1st edition.
Makes a technical correction.
Clarifies that the act applies to offenses committed on or after October 1, 2015.
House committee substitute makes the following changes to the 1st edition.
Changes the short and long titles.
Enacts new GS 143-166.84(c), concerning eligibility for the Sheriffs' Supplemental Pension Fund, defining eligible service as sheriff as membership service rendered since the person became sheriff. Further provides that unused sick leave in the Local Governmental Employees' Retirement System can be applied as eligible service in the Sheriffs' Supplemental Pension Fund. Sets out exchange rates for transferring the unused leave to eligible service. Effective July 1, 2015, with an expiration date of January 31, 2019.
Makes technical changes.
House committee substitute makes the following changes.
Deletes all provisions of the previous edition and replaces it with the following.
Amends GS 14-112.3, concerning assets involved in a violation of GS 14-112.2, exploitation of an older adult or disabled adult, as follows. No longer requires an application to the court to freeze or seize the assets of a defendant who appears to be about to divest him- or herself of assets so as to render the defendant insolvent for purposes of restitution to be made to the court with jurisdiction over the pending charges.
Adds that an order to freeze or seize assets must direct the order to be served as provided for under three specified provisions depending on the type of asset.
Requires personal property seized under the statute to be recorded and retained, but prohibits disposing of the property other than as provided for in the court order. Specifies actions that the law enforcement agency may take concerning frozen or seized property.
Requires the court to deny a motion to release assets if the court finds that the defendant is about to, intends to, or did divest him- or herself of assets in a way that would render the defendant insolvent for purposes of restitution.
Provides that if the prosecution of the charge under GS 14‑112.2 is terminated by voluntary dismissal without leave by the State or the court, or if a judgment of acquittal is entered, the court must vacate the order to freeze or seize the assets, and adds that if assets are released, accrued costs incident to the seizure, freeze, or storage of the assets must not be charged against the defendant and must be assumed by the agency.
Provides that if a defendant is convicted or enters a plea of no contest, any frozen or seized assets must be used to satisfy restitution, but allows the court to accept an alternate form of restitution if the defendant can satisfy the restitution order at the time the order is entered. Specifies procedures concerning satisfying an order of restitution.
Prohibits waiving any filing or service fees or any other money due to a state or county agency for the administration or use of GS Chapter 14 and provides that they are recoverable if charged against the defendant in the final disposition of the criminal matter.
Amends GS 1-116 to require any person who wants constructive notice of pending litigation concerning actions for asset freezing or seizure under GS 14-112.3 to file a separate, independent notice.
Amends GS 1-119 to make a notice of lis pendens filed pursuant to GS 1‑116(a)(5) (as provided for in the above paragraph) effective until the order to freeze or seize assets is terminated or an order directing the sale of real property under GS 14-112.3(e1)(1)c. is entered. Also makes this notice of lis pendens exempt from filing fees.
Amends GS 7A-308 to add that recording or docketing fees are not to be charged when the service is performed or documents are filed pursuant to GS 14-112.3.
Effective October 1, 2015, and applies to orders to freeze or seize assets issued on or after that date.
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 99A-2 as follows. Imposes liability only when a person intentionally gains access (was, a person gains access) to another's nonpublic areas and engages in an act that exceeds the person's authority. Amends the acts that are considered acts that exceed a person's authority to enter the nonpublic area of another's premises as follows: (1) removes references to an employee seeking to enter the nonpublic areas of a an employer's premises for specified reasons; (2) amends the provisions concerning an employee's use of images or sound recordings to include an employee who intentionally enters the nonpublic areas of an employer's premises for a reason other than a bona fide intent of seeking or holding employment or doing business with the employer and, without authorization, records images or sound occurring within an employer's premises and uses the recording to breach the person's duty of loyalty to the employer; (3) includes an act that substantially interferes (was, interferes) with the ownership or possession of real property. Requires intent on the behalf of a person who directs, assists, compensates, or induces another to violate the statute in order to hold the person jointly liable. Makes clarifying changes to the available remedies. Adds that party who is covered by Article 21 (Retaliatory Employment Discrimination) of GS Chapter 95 or Article 14 (Protection for Reporting Improper Government Activities) of GS Chapter 126 cannot be liable under this statute.
| Intro. by Szoka, Whitmire, Jordan, R. Moore. | GS 99A |
House committee substitute makes the following changes to the first edition.
Amends GS 20-118(c)(12) concerning specified road weight limitation exceptions for vehicles, making a clarifying change, providing that the specified weight limitations do not apply when carrying water, fertilizer, pesticides, seeds, fuel, or animal waste from a farm to a farm within 150 miles of the point of origin.
| Intro. by Turner. | GS 20 |
House committee substitute makes a clarifying change to the 1st edition.
| Intro. by Dobson, Whitmire, Hardister. | GS 110 |
House committee substitute makes the following changes to the 2nd edition.
Amends GS 90-14.2(c) to specify that the investigative information that the NC Medical Board is to provide is only provided pursuant to a written request by the respondent or the respondent's counsel and exempts attorney work product from that information.
Makes technical changes.
| Intro. by W. Brawley, Jones. | GS 90 |
House committee substitute makes the following changes.
Deletes all provisions of the previous edition and instead provides as follows.
Enacts new GS 153A-145.3, applicable to counties, and new GS 160A-203.1, applicable to cities, prohibiting ordinances that regulate standards of care for farm animals, defined in the act to include the construction, repair, or improvement of farm animal shelter or housing; restrictions on the types of feed or medicines; and exercise and social interaction requirements. Defines farm animals.
House committee substitute makes the following changes to the 1st edition.
Amends GS 115C-174.12 to require annual assessments and final exams to be administered within the final 15 (was, 10) instructional days of the school year for year-long courses and within the final 10 (was, five) instructional days of the semester for semester courses. Requires the State Board of Education to provide student performance data on each statewide assessment (was, develop a summative analysis of the statewide assessments) to be disseminated to local school administrative units, teachers, parents, and students within five days of the test or assessment. Deletes the requirement that the Department of Public Instruction use an applicable component of the Instructional Improvement System to give instructional feedback. No longer requires that information be disseminated on individual test items. Requires that teachers receive the number, as well as the percentage, of students who responded correctly on a test item. Makes additional clarifying and conforming changes.
Amends the act's long title.
| Intro. by Whitmire, Lucas, Riddell, Elmore. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Changes the short title.
Deletes all of the provisions of the previous bill.
Directs the Department of Environment and Natural Resources (DENR) to study ways to optimize North Carolina's recycling requirements for discarded computer equipment and televisions. Sets out four things the study should consider, including the transition from televisions with cathode ray tubes to flat screen televisions. Requires DENR to report findings and recommendations to the Environmental Review Commission on or before December 1, 2015.
Amends GS 130A-294, Solid waste management program, extending the duration of permits for sanitary landfills and transfer stations to the life-of-site of the facility unless otherwise revoked (previously provided for five- or ten-year permits). Sets out the meaning of life-of-site for the purposes of this section, meaning the period from the initial receipt of solid waste at the facility until final closure is approved. Provides for limited reviews of permits issued above after five years of issuance of the initial permit and at five-year intervals thereafter. Sets out what a limited review entails, including a review of previous operational activities. Allows DENR to modify, limit, or include additional conditions for any permit. Provides that these provisions are applicable for new facilities applying for permits on July 1, 2016, and for existing facilities when the established permit comes up for renewal after July 1, 2016. Makes provisions applicable to permit applicants also applicable to those applying for a major permit modification.
Provides that franchise agreements issued for sanitary landfills must be granted for the life-of-site of the landfill. Effective for franchise agreements executed on or after August 1, 2015.
Makes conforming changes.
Directs the Environmental Management Commission to adopt rules by July 1, 2016, for sanitary landfills and transfer stations so that applicants can apply for permits to construct and operate for the life-of-site of a facility.
Amends GS 130A-295.8, Fees applicable to permits for solid waste management facilities, making several conforming changes and deletions to the definitions for use in this section concerning fees. Amends major permit modification to also include an application for a permit issued under GS 130A-294(a2) issued for a duration less than a facility's life-of-site. Also adds the term ownership modification for use in the section, meaning any application that proposes a change in ownership or corporate structure of a permitted sanitary landfill or transfer station. Deletes all of the provisions concerning permits/permit fees and adds new language setting out and increasing the permit fees applicable to new sanitary landfills and transfer stations permitted on or after July 1, 2016, reflecting the change in duration of the permits for life-of-site. Also adds language concerning when different percentages of the fee are due, whether upon submission of an application, after 10 years, or after 20 years of operation.
Amends GS 130A-295.3, Environmental compliance review requirements for applicants and permit holders, making conforming changes reflecting the extension of duration of permits to life-of-site.
Includes a severability clause.
Unless otherwise provided above, effective August 1, 2015.
| Intro. by McElraft. | GS 130A |
House committee substitute makes the following changes to the 1st edition.
Changes the short title.
Adds subject headings to the act's sections.
Amends GS 143-215.94V(e), making a technical correction. Makes a clarifying change to the effective date of Section 1 of the act.
Amends GS 113A-52.01, concerning the Sedimentation Pollution Control Act, adding language that exempts specified wetlands restoration activities undertaken pursuant to Natural Resources Conservation Service standards from the provisions of this Article.
Amends the "Odor Control of Feed Ingredient Manufacturing Plants Rule" found in 15A NCAC 02D .0539 to provide that raw material will be considered in storage after it has been unloaded or located at a facility for at least 36 hours. Also sets out new regulations concerning timelines for unloading vehicles or containers holding raw material such as feathers with trace amounts of blood and used cooking oil. Requires the Environmental Management Commission to enact the temporary rules until a substantially similar permanent rule can be adopted.
Enacts new GS 143-214.7C, Prohibit the requirement of mitigation for impacts to intermittent streams, providing that unless otherwise required by federal law or state law, the Department of Environment and Natural Resources (DENR) cannot require mitigation for impacts to intermittent streams. Sets out and defines intermittent stream for the purposes of the section, including that such a stream contains water for only part of the year. Requires DENR and the Environmental Management Commission to amend their administrative rules to come into compliance with the above provisions.
Directs the NC Forest Service to study dangers and risks to the state's forests resulting from imported firewood from other states, including such risks as nonnative invasive species. Directs the NC Forest Service to report findings and recommendations to the Environmental Review Commission on or before December 1, 2015.
Directs the On-Site Water Protection Branch of the Department of Health and Human Services (DHHS) to engage stakeholders representing the private wastewater system industry to develop streamlined and uniform approval processes for new technologies for use in on-site wastewater treatment and dispersal in North Carolina. Provides that amendments to GS 130A-343 should be identified and suggested. Directs DHHS to report its findings and recommended amendments to GS 130A-343 to the Environmental Review Commission and the Joint Legislative Oversight Committee on Health and Human Services on or before February 1, 2016.
House committee substitute makes the following changes to the 1st edition.
Deletes all provisions of the previous edition and replaces it with the following.
Requires the UNC Board of Governors to study the development and implementation of fixed tuition payment programs. Specifies issues that must be considered in the study. Requires a report on the study findings to the Joint Legislative Education Oversight Committee by February 15, 2016.
Amends the act's short and long titles.
| Intro. by Elmore, Howard. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Deletes all provisions of the previous edition and instead requires the Legislative Research Commission to study whether to ensure that patients in this state have a right to choose their athletic trainer under their health benefit plans. Requires a report to the 2016 Regular Session of the 2015 General Assembly when it convenes.
Amends the act's short and long titles.
| Intro. by Hager, Dobson. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Changes the act's effective date from December 1, 2015, to October 1, 2015.
| Intro. by Faircloth, Blust, Hardister. | GS 20 |
House committee substitute makes the following changes to the 1st edition.
Makes a technical change.
Amends proposed GS 58-3-305 correcting a reference to the American Kidney Fund (was, American Kidney Foundation).
| Intro. by Avila. | GS 58 |
House committee substitute makes the following changes to the 1st edition.
Amends the membership of the Board of Trustees of the NC School of Science and Mathematics to clarify that the president of the student government is a nonvoting member. Also clarifies that the president of the student government does not receive per diem or subsistence expenses but will be reimbursed for travel expenses.
| Intro. by Jordan. | GS 116 |
The Daily Bulletin: 2015-04-21
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 144-5 making technical and clarifying changes. Deletes language which provided that violation of the subsection is punishable as an infraction.
Makes organizational and clarifying changes to proposed GS 144-9. This section of the bill is effective December 1, 2015.
Amends the caption of GS Chapter 100, Article 1, to read Approval and Protection of Monuments, Memorials, Works of Art, etc.
Amends GS 100-2, making clarifying changes. Adds language to make the provisions of the subsection also applicable to monuments (previously only applied to memorials and works of art). Deletes provisions which provided that existing memorials or works of art cannot be removed, relocated, or altered in any way without approval of the NC Historical Commission. Also deletes language which provided that these provisions did not apply to markers set up by the Board of Transportation as specified.
Enacts GS 100-2.1, Protection of monuments, memorials, and works of art, providing that monuments memorials, or works of art cannot be removed, relocated, or altered in any way without approval of the NC Historical Commission. Sets out provisions concerning limitations on removal for objects of remembrance. Defines object of remembrance as a monument, memorial, plaque, statue, marker, or display of a permanent character that commemorates an event, a person, or military service that is part of North Carolina's history. Also includes exceptions, setting out objects and markers that these provisions do not apply to.
Amends 160A-400.13 to enact new subsection (a) to provide that GS 100-2.1 (above) supersedes with regards to the removal or relocation of a historic landmark designated that meets the definition of an object of remembrance. Makes technical changes.
Amends GS 147-36, Duties of Secretary of State, making technical and clarifying changes. Effective December 1, 2015.
Deletes language that required the Secretary of State to create a written inventory of records of historical interest for the Department of Cultural Resources by October 1, 2015. Now provides for the Secretary of State to provide timely, on site access to staff for study and review of all documents to determine historical significance. Requires arrangements to be made for certain documents as specified. Only requires the transfer of documents that are no longer legally necessary to remain in the Secretary of State's possession. Effective December 1, 2015.
Changes the effective date, providing that unless otherwise provided, the act is effective when it becomes law.
Senate committee substitute makes the following changes to the 2nd edition.
Amends Section 3 of SL 2013-362 as follows.
Deletes proposed language concerning parcels that have not been transferred. Specifies that additional taxes levied on parcels as a result of errors causing the parcels to have an understated value are due on September 1 but no earlier than four years from the last general reappraisal date and are payable, if the taxpayer chooses, through an agreement over a period of no more than 60 months if the total of the additional taxes is more than $1,000. Amends the provisions concerning parcels that have been transferred in a tax year for which errors requiring reappraisals resulted in an underpayment of taxes to no longer provide for a payment plan. Provides that if an owner who is not responsible for underpaid taxes paid the underpaid taxes, the owner may assert a valid defense for a refund as a tax imposed through clerical error. Requires interest on the refund to be 5% per annum from the date the owner asserting the defense paid the underpaid taxes until the date the refund is issued. Makes organizational changes.
| Intro. by Tarte, Rucho. | UNCODIFIED |
Senate committee substitute amends the 1st edition to add that the act applies to requests for proposals for letting of public contracts issued on or after the date the act becomes law.
| Intro. by Robinson, Tillman. | GS 153A |
Senate committee substitute makes the following changes to the 1st edition. Amends proposed GS 14-415.12A(a1) to specify that the provision applies to qualified retired law enforcement officers and no longer specifies that the provision is irrespective of an officer's retirement date.
| Intro. by Tillman. | GS 14 |
Senate committee substitute to the 1st edition deletes all provisions of the previous edition and replaces it with the following.
Enacts new Part 5, Advisory Council on Rare Diseases, in Article 1B of GS Chapter 130A. Establishes the Advisory Council on Rare Diseases (Council) to advise the Secretary of Health and Human Services on research, diagnosis, treatment, and education relating to rare diseases. Sets out membership requirements, including ex officio members, and requires appointments to the Council to be made no later than 30 days after the effective date of the section. Sets out other provisions concerning the Council's functioning. Establishes the Council's 10 powers and duties, including coordinating statewide efforts for the study of the incidence of rare disease within the state and the status of the rare disease community; researching and identifying priorities relating to the quality and cost-effectiveness of, and access to, treatment and services provided to persons with rare diseases in the state and developing policy recommendations on those issues; and identifying best practices for rare disease care from other states and at the national level that will improve rare disease care in this state. Effective July 1, 2015.
Changes the act's short and long titles.
Senate committee substitute makes the following changes to the 1st edition.
Instead of repealing the sunset provisions on the authority given to counties in GS 153A-210.1 and to cities in GS 160A-239.1 to use special assessments for critical infrastructure needs, extends those sunsets from July 1, 2015, to July 1, 2020. Makes conforming changes. Amends the act's short and long titles.
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends proposed GS 14-401.18A, definitions for use in the section concerning e-liquid containers, making technical and clarifying changes. Deletes a requirement that e-liquid containers must be labeled with safety warnings consistent with rules adopted by the NC Commission for Public Health. Makes organizational changes.
Deletes proposed changes made to GS 130A-29(c).
| Intro. by Bingham, D. Davis. | GS 14 |
Senate committee substitute makes the following changes to the 2nd edition.
Amends proposed GS 153A-246 concerning enforcement on the prohibition of passing a stopped school bus, adding new provisions which provide that a person identified by affidavit as being in the custody, control, or care of a vehicle at the time of the violation will be issued a citation and notified of the procedures for challenging the citation. Provides for a late penalty of $100 for late payment or nonpayment, which also results in waiving the right to contest the citation. Adds additional language that prohibits a county from imposing a civil penalty against a person charged pursuant to GS 20-217 in a criminal pleading from the same facts.
Deletes proposed GS 20-217(i), which provides that drivers/owners can be subject to a civil penalty pursuant to an ordinance adopted under GS 153A-246.
Senate committee substitute makes the following changes to the 1st edition.
Makes clarifying changes in GS 35A-1374(i).
Deletes Part II of the act, which amended the income taxation of trusts and estates. Makes conforming changes to Part numbers in the act.
Enacts the new statutes in GS Chapter 28A within new Article 2B, Living Probate. Amends proposed GS 28A-2B-2 to set venue in the county where the individual whose will or codicil is the subject of the petition is domiciled (was, resides). Amends GS 28A-2B-3 to require a petition for will validity to require that the statement that the individual had testamentary capacity refer to capacity at the time the will was executed. Amends GS 28A-2B-4 to provide that if the court declares a will or codicil to be valid, the court may order that the will or codicil cannot be revoked and that no subsequent will or codicil will be valid unless it is declared valid in a proceeding. Amends the confidentiality requirements in GS 28A-2B-5 to allow a party to a proceeding to move, after judgement has been entered, that the file contents be sealed and kept confidential, upon which the clerk is required to seal the contents of the file from public inspection. Prohibits the file contents from being released except by order of the clerk, with exceptions; removes a member of the clerical or administrative staff of the court if access is essential for authorized internal administrative purposes from those excepted individuals. Deletes the provision making specified items available for public inspection. Allows the court to order the records that are confidential to be made available to a person who is not listed in the statute.
Makes clarifying and technical changes.
Makes Section 4 of the act amending statutes in GS Chapter 28A effective January 1, 2016.
Senate committee substitute makes the following changes to the 1st edition:
Deletes all of the provisions of proposed GS 20-166.3(a), Limited Fees. Adds new subsection (a), Limited Duration of Storage, providing that a motor vehicle that is towed and stored by a law enforcement agency after a collision cannot be held for evidence for more than 20 days without a court order. Requires, absent a court order, the vehicle to be released to the owner, insurer, or lien holder, once towing and storage fees have been paid. Provides that individuals or entities with ownership interest in a motor vehicle are not liable for storage charges in excess of $500.
| Intro. by Meredith. | GS 20 |
Senate committee substitute makes the following changes to the 1st edition.
Changes the short title.
Changes the number of the proposed section from GS 116-209.25A to GS 147-86.5. Provides that the ABLE Trust Fund is to be administered by the State Treasurer. Makes conforming changes reflecting this change. Adds provision clarifying that, as provided in federal law, upon the death of a designated beneficiary the State has a claim for payment from the beneficiary's account equal to the amount of medical assistance paid. Requires the State Treasurer to provide notice of a beneficiary's death, within 15 days of the State Treasurer receiving notice, to the Department of Health and Human Services (DHHS). Provides that notice of the State's right to file a claim against the estate following the death of a designated beneficiary must be provided to the account owner, as specified.
Requires DHHS to provide information and assistance to the State Treasurer to establish and implement this act. Authorizes the State Treasurer and DHHS to adopt rules for the implementation of this act.
| Intro. by Barringer, Hise, Apodaca. | GS 147 |
Senate committee substitute makes the following changes to the 1st edition.
Deletes a whereas clause concerning NC Tracks.
Adds additional requirements for encounter data submission for local management entities/managed care organizations to now include (1) requiring the Department of Health and Human Services (DHHS) to share encounter data with the Government Data Analytics Center for specified reasons, (2) requiring DHHS to work with LMEs/MCOs to ensure that the process for submitting encounter claims through NC Tracks is successful, and (3) requiring DHHS to report to the Joint Legislative Oversight Committee on Health and Human Services regarding the status of the included requirements on or before October 31, 2015.
| Intro. by Hartsell. | UNCODIFIED |
Senate committee substitute makes the following changes to the 1st edition. Makes technical and clarifying changes. Amends who must be included in the stakeholder advisory group.
Amends GS 113-224 to prohibit (was, allow) the Fisheries Director, or designee, from entering into an agreement with the National Marine Fisheries Service allowing the Division of Marine Fisheries inspectors to accept delegation of law enforcement powers over matters within the National Marine Fisheries Service's jurisdiction.
Makes a conforming repeal of GS 128-1.1(c2).
Amends the act's long title.
Senate committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 14-50.43(d) and instead provides than an order issued in a street gang nuisance abatement case may be extended by the court, following a hearing, for good cause.
Changes the effective date of the act to when it becomes law (was, December 1, 2015).
Amends the act's long title.
| Intro. by Tarte. | GS 14 |
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 7A-45.4(b) to require that a tax contestation case must have an amount in controversy, computed in accordance with GS 7A-243, of at least $10,000 (was, $5,000) to be designated as a mandatory complex business case.
Makes conforming changes to GS 105-241.16.A.
Makes conforming changes to the act's long title.
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 57D-2-30(b), concerning operating agreements under the Limited Liability Act, to provide that the operating agreement may not supplant, vary, disclaim, or nullify the application of the Chapter to the extent the provisions concern the functions of government officials, agencies, or authorities, including Article 9 of GS Chapter 57D.
Amends GS 66-57.2 concerning inventions developed by employees, adding language that provides that an employer's vested ownership of an employee's invention is not subject to revocation or rescission if a dispute arises concerning payment of compensation or benefits to the employee, unless provided for otherwise in an employee's written employment agreement. Provides that this provision is not applicable in instances where ownership was acquired fraudulently. Makes organizational changes.
Changes the effective date to provide that the act is effective October 1, 2015, applying to operating agreements entered into on or after that date.
Senate committee substitute makes the following changes to the 1st edition:
Amends GS 143-143.21A, Purchase agreements; buyer cancellations, deleting language which required purchase agreements for manufactured homes to include the estimated terms of financing the purchase. Deletes language which required the dealer to return the deposit or payment price if the dealer changes material terms of the purchase agreement. Also deletes language that required the return of payment within three days of any change by the dealer of the purchase agreement. Deletes requirement that the buyer receive another three-day cancellation period each time the dealer gives the buyer a new set of financing terms. Makes technical and conforming changes.
Makes a clarifying change to the effective date clause.
| Intro. by Barefoot. | GS 143 |
Senate committee substitute makes the following changes to the 1st edition:
Changes the long title.
Deletes all of the provisions of the previous edition.
Enacts new subsection GS 130A-317(g), concerning the submission and approval of public water system plans, providing that the Department of Environment and Natural Resources (DENR) must identify and notify water systems that appear capable of interconnectivity with other systems located in the same river basin which have unallocated capacity to expand and that interconnectivity would promote public health, protect the environment, or ensure compliance with established drinking water rules. Allows notified systems to discuss options for potential interconnectivity. Provides that the Local Government Commission must be copied on the notice and must assist the systems with questions regarding liabilities and alterations. Provides that an environmental impact statement or engineering report cannot be required.
Appropriates $500,000 from the General Fund to the Regional Water Supply Planning Revolving Fund for the 2015-16 fiscal year.
Requires the Commission for Public Health to adopt rules to implement GS 130A-317, as amended.
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 105-321(g) to allow the governing body of a taxing unit collecting its own taxes to prohibit mailing a refund for an overpayment of tax if the refund is less than $15 (was, if the refund does not exceed an amount, up to $15, set by the governing body). Specifies that a taxpayer must make an in-person request for the minimal refund before the end of the fiscal year in which the refund is due, otherwise the refund will be applied as a credit against the tax liability for the next year. Adds that interest accrues from the later of the date the tax was paid and the date the tax would have been considered delinquent.
| Intro. by Tarte. | GS 105 |
Senate committee substitute makes the following changes to the 1st edition.
Amends the act's provisions to limit the provisions to convictions for misdemeanor boating violations (was, boating violations).
Adds a section to the act amending GS 14-50.30 to allow applying for expunction of certain offenses if a person has not previously been convicted of any felony or misdemeanor other than a traffic violation or a misdemeanor boating violation.
Amends the act's long title.
Senate committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 1C-1852(b).
Amends GS 1C-1853 to prohibit a court from recognizing a foreign country judgment if it was obtained by a foreign government entity to compensate for the expenditure of public funds for government programs (was, if the judgement was for taxes, fines, or other penalty obtained by a foreign government entity to compensate for the expenditure of public funds for government programs).
Instead of declaring specified proceedings in a foreign court to be fundamentally unfair and its judgement repugnant to the state's public policy, requires a court to make those findings.
| Intro. by Krawiec, Newton, Wade. | GS 1C |
The Daily Bulletin: 2015-04-21
The Daily Bulletin: 2015-04-21
Actions on Bills: 2015-04-21
H 8: COURT OF APPEALS ELECTION MODIFICATIONS (NEW).
H 44: LOCAL GOVERNMENT REGULATORY REFORM 2015. (NEW)
H 81: EXPAND 1%/$80 RATE FOR MILL MACHINERY.
H 86: UTILITY LINE RELOACTION/SCHOOL BOARD.
H 122: ADD COUNTIES/TOWNS TO STATE HEALTH PLAN.
H 124: ELIMINATE SECOND PRIMARIES.
H 141: STORMWATER/FLOOD CONTROL ACTIVITIES.
H 147: UPDATE FIRE AND RESCUE COMM'N. MEMBERSHIP.
H 154: LOCAL GOVERNMENTS IN STATE HEALTH PLAN. (NEW)
H 158: JIM FULGHUM TEEN SKIN CANCER PREVENTION ACT.
H 162: Sudden Cardiac Arrest Education/Students.
H 186: CAPE FEAR WATER RESOURCES AVAILABILITY STUDY.
H 222: RETENTION ELECTIONS/SUPREME COURT.
H 227: BROADEN SALES TAX EXEMPTION FOR FARMERS.
H 233: EVIDENCE PASSED VEHICLE IS A SCHOOL BUS.
H 262: SURPLUS LINES AMENDMENTS.
H 268: AMEND TRANSPORTATION LAWS.-AB
H 276: AGENCY PARTICIPATION PROCEDURES ACT OF 2015. (NEW)
H 299: OCC.LIC./PRIVATE PROTECTIVE SVCS. ACT CHANGES-AB
H 302: STRENGTHEN OYSTER INDUSTRY.
H 306: NC CANCER TREATMENT FAIRNESS.
H 324: PARTISAN BD. OF ED. ELECTIONS.
H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)
H 334: CHARTER SCHOOLS & OTHER EDUCATION LAW CHANGES (NEW).
H 338: FAIL TO OBTAIN DL/INCREASE PUNISHMENT.
H 341: CONTROLLED SUBSTANCES/NBOME & OTHER DRUGS.
H 344: GUBERNATORIAL TEAM TICKET.
H 350: RESTORE DRIVING PRIVILEGES/COMPETENCY.
H 352: STANDARD OF PROOF/PUBLIC SAFETY DISPATCHERS.
H 370: CERTAIN LOCAL GOVTS IN STATE HEALTH PLAN.
H 373: ELECTIONS. (NEW)
H 376: CIV PRO/MODERNIZE EXPERT DISCOVERY.
H 378: AMD. CRITERIA/CERTAIN AG. COST-SHARE PGMS.
H 380: STATEWIDE SCHOOL SAFETY MANAGEMENT.
H 383: CLARIFY STATUTORY SCHEME/SEX OFFENSES.
H 385: SHERIFFS' SUPP. PENSION FUND CHANGES. (NEW)
H 390: BEAUFORT CO. CC/WASHINGTON CO.
H 397: CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS.
H 401: AUTHORIZE DATA SHARING FOR NCLDS.
H 405: PROPERTY PROTECTION ACT.
H 422: AMEND FUNERAL PROCESSION LAW.
H 428: PERMANENT PLATES/CHARTER SCHOOLS.
H 436: UNAUTHORIZED PRACTICE OF LAW CHANGES.
H 439: COMPETENCY-BASED ASSESSMENTS.
H 446: AMEND STATUTES GOVERNING BAIL BONDSMEN.
H 456: CLARIFY WEIGHT LIMITS/AG. VEHICLES.
H 474: EXCLUDE YR. ROUND TRACK-OUT PROGRAM/CHILD CARE.
H 479: AUTO SALVAGE DEALER PROTECTION ACT.
H 529: NC DRIVERS LICENSE RESTORATION ACT.
H 536: SCHOOL BUS CAMERAS/CIVIL PENALTIES.
H 538: WATER AND SEWER SERVICE RELATED CHANGES (NEW).
H 539: CHARTER SCHOOL FUNDING. (NEW)
H 543: AMEND LAWS PERTAINING TO NC MEDICAL BOARD.
H 550: RALEIGH APODACA SERVICE DOG RETIREMENT ACT (NEW).
H 553: ORDINANCES REGULATING ANIMALS.
H 559: TESTING FEEDBACK FOR STUDENTS/TEACHERS.
H 569: RURAL COUNTY DEV. FUNDS FOR ROAD CONST.
H 571: IMPLEMENT CLEAN POWER PLAN (NEW).
H 576: AMEND ENVIRONMENTAL LAWS - 2 (NEW).
H 593: AMEND ENVIRONMENTAL & OTHER LAWS (NEW).
H 616: LOCAL GOVERNMENTAL EMPLOYEES' RETIRE. COLA.
H 623: DEVICE & MEDICAL EQUIPMT PERMIT REQUIREMENTS.
H 630: DRINKING WATER PROTECT'N/COAL ASH CLEANUP ACT
H 631: NOTICE BEFORE AUTOMATIC CONTRACT RENEWAL.
H 638: CAPITALIZE ON WETLAND MITIGATION.
H 640: OUTDOOR HERITAGE ACT.
H 641: AMEND BAIL BONDSMEN STATUTES.
H 643: ROOFING CONTRACTORS/CONSUMER PROTECTION.
H 647: EPI PENS IN ALL CHILD-SERVING BUSINESSES.
H 652: RIGHT TO TRY ACT FOR TERMINALLY ILL PATIENTS.
H 657: MATH STANDARD COURSE OF STUDY REVISIONS (New)
H 667: FACILITY PENALTY & REMEDY/ELECTRON. SUPERVISE(NEW).
H 681: NC ENERGY RATEPAYERS PROTECTION ACT.
H 683: OCCUP. THERAPY/CHOICE OF PROVIDER.
H 691: ASSAULT ON NATIONAL GUARD MEMBER.
H 709: NCNG TUITION ASSISTANCE BENEFIT AMENDMENT.
H 711: PROHIBIT COUNTERFEIT/NONFUNCTIONAL AIR BAGS.
H 809: THIRD-PARTY PREMIUM PAYMENTS.
H 842: MEDICAID WAIVER PROTECTIONS/MILITARY FAMILIES.
H 878: EXPAND BD. OF TRUSTEES/SCH. OF SCIENCE & MATH.
H 884: AMEND TOWNSHIP ABC ELECTIONS. (NEW)
H 909: ABC OMNIBUS LEGISLATION.
S 7: FOOD STAND SEATING & OUTDOOR FOOD SERVICE.
S 22: HISTORIC ARTIFACT MGT. AND PATRIOTISM ACT.
S 118: NATUROPATHIC DOCTORS LICENSING ACT.
S 159: CORRECTED REVAL./MINIMAL REFUNDS/PROP. TAXES. (NEW)
S 174: RAIL CORRIDOR LEASE/CITY OF WILMINGTON.
S 195: MOTOR VEHICLE SERVICE AGREEMENT AMENDMENTS.
S 198: PERSONS UNDER 18 IN CONFINEMENT FACILITIES.
S 208: PROPERTY INSURANCE FAIRNESS.
S 212: HANDGUN STANDARDS FOR RETIRED SWORN LEO.
S 235: ESTABLISH ADVISORY COUNCIL ON RARE DISEASES.
S 238: STALKING BY GPS/CRIMINAL OFFENSE.
S 284: INFRASTRUCTURE ASSESSMENTS/EXTEND SUNSET. (NEW)
S 286: REGULATE THE SALE OF E-LIQUID CONTAINERS.
S 298: SCHOOL BUS CAMERAS/CIVIL PENALTIES.
S 313: INDUSTRIAL HEMP. (NEW)
S 327: ALLOW PRIZE-LINKED SAVINGS ACCOUNTS.
S 333: TEACHER TRANSITION DATA.
S 336: ESTATE PLANNING/UNIFORM TRUST CODE.
S 345: LIMIT STORAGE DURATION FOR DAMAGED VEHICLE (NEW).
S 349: AMD VARIOUS LAWS/STUDY GOLF COURSE TAX POLICY. (NEW)
S 367: ABLE Act for NC. (NEW)
S 371: LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMENDS. (NEW)
S 372: RENEWABLE ENERGY SAFE HARBOR.
S 374: MODIFY FOR-HIRE LICENSE LOGBOOK REQUIREMENT.
S 391: COUNTY OMNIBUS LEGISLATION (NEW).
S 420: ACCOUNTABILITY FOR TAXPAYER INVESTMENT BOARD.
S 435: BUSINESS COURT AMENDMENT.
S 445: BURT'S LAW.
S 472: LOCAL INCENTIVES FOR HISTORIC REHABILITATION.
S 482: LLC CLARIFICATIONS & EMP INVENTION OWNERSHIP. (NEW)
S 491: MANUFACTURED HOME PURCHASE AGREEMENT CHANGE.
S 547: INTERCONNECTION OF PUBLIC WATER SYSTEMS.
S 566: DISPOSITION OF MINIMAL PROPERTY TAX REFUNDS.
S 570: EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW)
S 596: PROTECTION AGAINST UNCONST. FOREIGN JUDGMNTS.
S 661: PRIVATE LABS MUST COMPLY WITH CODIS.
S 673: NATURAL GAS ECON. DEV. INFRASTRUCTURE (NEW).
S 676: AUTISM HEALTH INSURANCE COVERAGE.
S 679: NC CONSUMER FINANCE ACT AMENDMENTS.
S 712: CONFIRM DIRECTOR OF SBI.
Actions on Bills: 2015-04-21
H 347: GRAHAM, BUNCOMBE OCC. TAX/STOKESDALE FIRE.
H 435: MCDOWELL/BURKE FIRING FROM ROAD.
H 478: BRUNSWICK CTY/NAVIGABLE WATERS.
H 503: MOORE CO. COMM. AND BD. OF ED. CHANGES (NEW).
S 249: ZONING/RECREATIONAL LAND REQ.-MORRISVILLE.
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