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

Amends GS 20-37.6(c1) to provide that the initial certification requirements and recertification requirements for obtaining handicapped parking privileges may be satisfied by a disability determination issued by the United States Department of Veterans Affairs attesting to that person's handicapped status.

Amends the bill's long title to reflect the added bill content.

House amendment makes the following changes to the 3rd edition:

Deletes proposed changes to GS 150B-38(a), which added new subdivision (7), The Alcoholic Beverage Control Commission, in order to make the Commission subject to the administrative hearing regulations of GS Chapter 150B.

 

AN ACT TO CLARIFY THE CONFLICT OF INTEREST PROVISIONS FOR CERTAIN COMMISSIONS AND TO MODIFY APPOINTMENTS TO SEVERAL STATE BOARDS AND COMMISSIONS. Enacted April 27, 2015. Effective April 27, 2015.

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 Joint Legislative Committee on Local Government to study the development of a process to remove personal information of nonelected officials from records available on websites maintained by cities and counties. Specifies seven issues to be considered. Requires a report to the 2016 Session of the 2015 General Assembly.

Amends GS 132-1.7 to add that public records do not include mobile phone numbers issued by local, county, or state government to (1) law enforcement officers or public law enforcement agency employees, (2) fire department employees, and (3) employees whose duties include emergency response.

Amends the act's long title.

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

Amends GS 15A-284.52 as follows: Deletes the proposed term Show-up administrator and its definition. Deletes proposed subdivision (b)(1), which required, before the lineup and as soon as possible after the crime, to get a complete description of the perpetrator from the eyewitness in the eyewitness's own words. Provides that a show-up can only be conducted when a suspect matching the description of the perpetrator is located in close proximity in time and place to the crime (previously, stated a show-up must be conducted when such a suspect is located nearby as specified). Also adds language allowing a show-up if there is a reasonable belief that the perpetrator has changed his or her appearance in close time to the crime. Deletes (cl)(3) through (7) of the previously set out eight requirements that must be met when the state, a county, or other local law enforcement officers conduct a show-up. Enacts new subsection (c2), requiring the NC Criminal Justice Education and Training Standards Commission to develop a policy regarding standard procedures for show-ups. The policy will apply to all law enforcement agencies and must address the following: (1) standard instructions for eyewitness, (2) confidence statements by the eyewitness, (3) training of law enforcement officers specific to conducting show-ups, and (4) any other matters deemed appropriate by the Commission. Adds provision clarifying that nothing in this statute can be construed to require a law enforcement officer to be required to participate in a lineup or show-up as an eyewitness. 

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

Amends GS 160A-205 to require that notice be given by certified mail to the owner of record of the determination by the city that the structure has been deemed uninhabitable and without water and sewer services for more than 60 days. 

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

Amends GS 58-71-1(1b), the proposed definition for approved provider, establishing that it means an entity that has been issued a Certificate of Authority to provide either bail bond continuing education or pre-licensing courses in North Carolina in accordance with GS 58-71-72 (previously, had time and student taught requirements to qualify as an approved provider).

Amends GS 58-71-20 to provide that if all indemnitors and payers of the bail bond premium on the defendant's bond present a notarized written request with notice to the surety or surety's agent to terminate the bond and the indemnitor's liability, and the surety then surrenders the defendant, then the defendant may be surrendered without the return of the premium for the bond (previously, provided if any indemnitor presents a notarized request to the surety or surety's agent to terminate the bond and the indemnitor's liability, the defendant may be surrendered without the return of the premium for the bond).

Amends GS 58-71-141 to no longer specify that owed premium and unsatisfied judgments do not pertain to general agents, managing general agents, or supervising agents.

 

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

Rewrites Section 1 of the 1st edition, which states the purpose of this act is to create a positive transformational force for the quality of education that North Carolina students receive as a series of "whereas" clauses.

Codifies the provisions of this act with specified changes, adding a new Part 3, North Carolina Competitive Teaching Scholarship Loan Program, in Article 23 of GS Chapter 116. Defines the following terms as they apply in this Part: (1) Commission--the North Carolina Competitive Teaching Scholarship Loan Commission, (2) Director--the Director of the Commission, (3) Fund--the North Carolina Competitive Teaching Scholarship Loan Fund, and (4) Program--the North Carolina Competitive Teaching Scholarship Loan Program.

Enacts new GS 116-209.61 to establish the 11-member North Carolina Competitive Teaching Scholarship Loan Commission (Commission). Enacts new GS 116-209.62 to establish the North Carolina Competitive Teaching Scholarship Loan Program (Program).

Authorizes the Director of the Program to staff the Commission. Provides that the State Education Assistance Authority (Authority) is responsible for implementing scholarship loan agreements and enforcing the agreements for the Program scholarship loans. Authorizes the Authority's board of directors to appoint a Director of the Program. Provides that the Authority, in collaboration with the Commission, is to administer the Program (was, charged the Authority with responsibility for recruiting eligible individuals and awarding scholarship loans to those eligible persons).

Provides that the 11 members of the Commission are to be appointed or serve ex-officio. Sets two-year terms of office for appointments to the Commission, expiring on July 1 in odd-numbered years. Also sets terms for ex-officio members. Provides for the filling of vacancies, covering of expenses for commission members, and provides for regular meetings, at times and places as determined necessary by the chair.

Directs the Authority to administer the Program in cooperation with selected institutions of higher education programs selected by the Commission. Notes that these institutions of higher education should include North Carolina community colleges, post-secondary constituent institutions of the University of North Carolina, and private post-secondary institutions operating in the state. Directs the Commission to adopt stringent standards for selecting only the most effective teacher education preparation programs and provides specified criteria to be considered in the selection process.

Specifies that the Authority is to award scholarship loans to eligible students in the amount of $8,500 annually to (1) North Carolina high school seniors for up to four years; (2) community college students applying to transfer to an educator preparation program at an institution of higher education for up to two years; and (3) individuals who currently have a bachelor's degree and are seeking preparation for teacher certification for up to two years.

Directs the Authority, in coordination with the Director of the Commission, to perform all of the administrative functions necessary to implement the provisions of this act. Directs the Commission, in coordination with the Authority, to report, no later than January 1, 2017, and annually thereafter to the Joint Legislative Education Oversight Committee with data on loans awarded from the Fund, placement and repayment rates, and selected outcomes by program (was, required the Authority to report to the General Assembly by August 1, 2016, and annually thereafter).

Retains the provisions concerning loan forgiveness under specified conditions. Provides that if a loan recipient repays the scholarship loan with cash payments, all of the debt must be repaid within eight years after completing the teacher licensing program. Requires that the payment of the principal and interest must begin no later than 27 months after completing the teacher education program unless a recipient has extenuating circumstances, in which case the Authority may extend the time period to repay the loan in cash to no more than a total of 12 years.

Requires that all funds appropriated to or otherwise received by the Program for scholarships as repayment of scholarship loans and all interest earned on these funds are to be placed in the Fund. Restricts the use of the Fund to award scholarship loans under the Program and for administrative costs associated with the Program.

Appropriates $200,000 for the 2015-16 fiscal year from the General Fund to the Authority for the establishment of the Program. Appropriates $1 million in recurring funds for the 2016-17 fiscal year from the General Fund to the Authority to implement the requirements of this Part. Provides that beginning in 2016-17, the Authority may retain up to $200,000 of the appropriated funds for the salary of the Director of the Program and other administrative costs. Provides that any unspent funds are not to revert at the end of the fiscal year but are to remain available to award scholarship grants to eligible students. (Previous appropriation was $1 million for the 2015-16 fiscal year and $1 million for the 2016-17 fiscal year from the General Fund to the Board of Governors of the University of North Carolina to allocate to the Authority to implement the provisions of this act.)

Provides that initial appointments to the Commission are to be made no later than August 15, 2015, and that the initial appointments expire July 1, 2017.

Directs the Commission to establish initial selection criteria for recipients and institutions no later than November 15, 2015, and to make applications available to prospective students no later than December 31, 2015. Directs the State Board of Education to establish criteria and identify hard-to-staff areas of licensure and hard-to-staff schools by local administrative units and provide that information to the Authority and the Commission no later than November 1, 2015.

Requires the Commission to select recipients and award the initial scholarship loans for the 2016-17 school year no later than April 1, 2016.

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

Adds that nothing in the act repeals or amends existing portions of the Repair Reserve Rule granting exemptions from repair area requirements. Requires the adoption of a rule to amend the Repair Reserve Rule (was, requires the adoption of a rule to replace the Repair Reserve Rule), as directed in the act.

Makes clarifying and technical changes.

 

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

Amends proposed GS 90-153.1 as follows. Limits the applicability of the statute to motor vehicle liability claims for personal injury and to motor vehicle medical payments claims. Removes provisions requiring the review of billing records. Provides that chiropractic peer reviews are also done for the purpose of advising a third party payer as to whether the services rendered were supported by adequate documentation. Adds that chiropractic peer review does not include automated screening programs. Amends the requirements that must be met by the individual performing the peer review to prohibit collecting a fee based on the extent to which the third party payer reduces (was, collecting a fee based on the extent to which the individual recommends a reduction of) the treating chiropractor's bill. Removes the requirement that a person performing a peer review disclose his or her identity and office address to the treating chiropractor. 

Changes the act's effective date from when the act becomes law to October 1, 2015, applying to reviews conducted on or after that date.

Amends the act's long title. 

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

Part I.

Further amends GS 130A-248(c1) to allow pushcarts or mobile food units that are based from a permitted commissary or restaurant located on the premises of a facility containing at least 3,000 permanent seats to prepare and serve food on the premises. Sets out requirements to be met for the preparation of raw meat, poultry and fish, and other sanitation requirements. 

Adds a new section amending GS 97-2, to exclude from definition of employee under the Workers' Compensation Act, any person performing voluntary service for a nonprofit subject to GS Chapters 47A Unit Ownership, 47C North Carolina Condominium Act, 47F North Carolina Planned Community Act, 55A North Carolina Nonprofit Corporation Act, or 59B Uniform Unincorporated Nonprofit Association Act, or exempt from federal income tax, as long as the person does not receive remuneration for the service.

Adds a new section enacting new GS 98B-8.2 prohibiting an occupational licensing board from contracting with or employing a person licensed by the board to serve an an investigator or inspector if the licensee is practicing in the profession or occupation the board has jurisdiction over. 

Part II.

Adds a new section amending GS 160A-272 to allow a city council to approve a lease for the siting an operation of communications towers, facilities or equipment, for up to 25 years without treating the lease as a sale of property and without giving notice by publication.

Adds a new section creating 16 member North Carolina Government-Nonprofit Contracting Task Force (Task Force) to study state governance of departmental operations and contracts and to streamline policies and practices that impeded the effective and efficient delivery of public services through State grants and contracts to private nonprofits. Sets out the membership requirements for the 13 voting and three non-voting, ex officio Task Force members. Sets out other provisions governing the Task Force's operations. Sets out further Task Force duties and establishes five issues that must be considered in the study. Requires the Task Force to submit a preliminary report to the Joint Legislative Commission on Governmental Operations by September 30, 2016, including specified information. Requires a final report to the same Commission by January 31, 2017. Effective July 1, 2015.

Adds a new section amending the Underground Damage Prevention Review Board (Board) as follows. Sets Board member terms at four years, and limits members to no more than two consecutive terms. Prohibits Board members from serving on a case where there would be a conflict of interest. Allows members to be removed by the Governor for cause. Establishes that eight members constitute a quorum, requires the Governor to designate a member as chair, and allows the Board to adopt rules. No longer requires the Board to meet quarterly. Removes language requiring the Board to act as an arbitrator between the parties. Requires the Board to review all reports of alleged violations and determine the appropriate action or penalty when the Board determines that a violation has occurred. Allows actions and penalties to include training, education and a maximum civil penalty of $2,500. Allows a person determined by the Board to have violated the Article to appeal the Board's determination by initiating an arbitration proceeding before the Utilities Commission (Commission) within thirty days of the Board's determination. Requires an appeal of the Commission's decision to be appealed within thirty days of entry of the Commission's order. Deletes the specified penalties for violations of the Article, and instead provides that in any arbitration proceeding before the Commission, any actions and penalties assessed against any person for violation of the Article must include the actions and penalties discussed above.

Adds a new section amending GS 153A-352 and GS 160A-412 as follows. Requires counties and cities to accept and approve a design or other proposal for a component or element in the construction of a building from a licensed architect or engineer if (1) the submission is completed under valid seal of the architect or engineer; (2) field inspection of the installation or completion of construction is performed by the architect or engineer, and (3) that architect or engineer provides a signed document stating the component or element of the building inspected is in compliance with the North Carolina State Building Code. Discharges the county, city, their inspection departments, and inspectors from any duties and responsibilities with respect to the component or element in the building construction when the signed document is accepted and approved. Makes clarifying changes. Makes conforming changes to GS 153A-356 and GS 160A-416.

Adds a new section amending GS 153A-346 and GS 160A-390 prohibiting counties and cities from defining dwelling units, bedrooms or sleeping units in a way that exceeds any definition of the same in another statute or rule adopted by a State agency.

Adds a new section amending GS 153A-349.4 and GS 160A-400.23 to allow counties and cities to enter into a development agreement with a developer for the development of property as provided in the Part. Requires the agreements to be of a reasonable term specified in the agreement (was, required the property to contain 25 acres or more of developable property with an exception for property subject to a brownfields agreement, and limited the agreements to no more than 20 years). Amends GS 153A-349.3 and GS 160A-400.22 to allow a development agreement to be incorporated into any planning, zoning or subdivision ordinance. Effective October 1, 2015, and applies to development agreements entered into on or after that date.

Part III.

Further amends GS 143-214.23 by adding that for purposes of new (b1) concerning exceeding minimum state requirements (was, concerning deviations from state requirements), the term existing local ordinance includes a zoning district, subdivision or development regulation, comprehensive plan, policy, resolution, or any other act carrying the effect of law. Also adds that the terms riparian areas and riparian buffer areas include all landward setbacks from a surface water body with State required riparian buffers. 

Amends GS 113-136(k) to delete the proposed language requiring an officer to have a reasonable suspicion that a violation has been committed before inspecting weapons, equipment, fish, or wildlife possessed incident to an activity regulated by law or rule that the officer has enforcement jurisdiction over.  Adds the requirement that the Wildlife Resources Commission study whether and under what circumstances reasonable suspicion that a violation has been committed must be required before inspecting weapons, equipment, fish, or wildlife. Requires a report on the study to the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2016.

Adds a new section as follows. Repeals GS 113-174.3(e), which required each individual who obtained a for-hire license to submit logbooks summarizing catch and effort statistical data. Amends GS 113-224 to prohibit the Division of Marine Fisheries from entering into a joint enforcement agreement with the National Marine Fisheries Service. Repeals GS 128-1.1(c2) which allowed inspectors of the Division of Marine Fisheries to assume law enforcement powers granted to the National Marine Fisheries Service. Requires the Division of Marine Fisheries to conduct a 12 month process to get stakeholder input on (1) the cots and benefits of a logbook similar to the one repealed; and (2) the impacts, costs, and benefits of a joint enforcement agreement similar to the one now prohibited. Requires the establishment of a stakeholder advisory group that includes specified parties. Requires a report to the Environmental Review Commission by October 15, 2016.

Adds a section amending Section 21 of SL 2013-413 as follows. No longer requires that the term new animal waste management include a system serving a feedlot that has been abandoned or unused for a period of four years or more and is then put back into service). Requires the Environmental Management Commission  to revise its permanent rule on Swine Waste Management System Performance Standards so that it (1) applies to any farm that received a permit for its animal waste management system that allows a level of production at the farm greater than the largest production for which the farm has received a permit in the past and so that they also apply to any other animal waste management system otherwise subject to regulation under GS 143-215.10I; (2) does not apply to any facility that has had no animals on site for five continuous years or more; notifies the Division of Water Resources in writing at least 60 days before bringing any animals back to the site; and has all of the necessary permits before bringing the animals on site and the permit does not allow a level of production greater than the largest production for which the farm has received a permit in the past.

Adds new Part IIIB.

Amends the definition of small power producer in GS 62-3(27a) to include energy from other types of renewable resources. Amends GS 62-156, which governs the contracts between electric utilities and small power producers. Requires that standard contracts with these producers not exceed 100 kilowatts of capacity and not exceed 15 years. Requires that the rates paid by a utility to the producer not exceed the incremental cost to the utility (was limited to the energy cost). Provides that the contract may not require payment for capacity when the utility lacks a capacity need. Effective July 1, 2015, and applies to rates approved on or after that date.

Amends GS 62-133.8 to eliminate the authority of utilities to charge account holders a higher annual fee in 2015 and thereafter to recover costs related to REPS implementation (capped at 2012 amounts). Allows incremental costs incurred by an electric power supplier before July 1, 2015, to comply with GS 62-133.8 to be recovered as provided for in GS 133.8(h), as amended. Specifies what is included in the costs incurred before July 1, 2015. Applies to cost recovery proceedings occurring on or after July 1, 2015. 

Requires the Energy Policy Council, by May 1, 2016, to give the Joint Legislative Commission on Governmental Operations and the North Carolina Utilities Commission a comprehensive assessment of known and measurable costs and benefits to the electrical grid of distributed generation. Specifies what is to be included in the analysis. 

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

Deletes the proposed changes to GS 130A-379 and GS 130A-385.

Amends GS 130A-382 to require county medical examiners to complete annual continuing education training that includes training on sudden unexplained death in epilepsy, with newly appointed examiners required to complete the training within 90 days of their appointment. Requires guidelines to be published and annually updated on the Office of the Chief Medical Examiner's website. Allows revoking a county medical examiner's appointment for failure to adequately perform office duties after giving written notice of the basis for the revocation and an opportunity to respond.

Changes the act's effective date from October 1, 2015, to January 1, 2016.

Changes the act's long title.

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

Amends the long title.

Amends GS 163-232.1(c) to provide that ballots must be submitted electronically in a manner approved by the State Board of Elections (was, submitted electronically by means of the State Election Information Management System or its successor). 

Amends GS 163-165, making clarifying changes to the definition for a ballot. Also adds language to the definition for official ballot, establishing that it can also include ballots indicating choices of an individual voter selected electronically and printed in the voting place. 

Amends GS 163-165.5, Contents of official ballots, making clarifying changes and adding new subsection (b) which provides that an official ballot created and printed by use of a voting system in the voting place must be counted if four specified conditions apply, including that the voter is capable of reviewing the printed official ballot, and voiding that ballot, prior to casting that voter's ballot.  

Amends GS 159-28, Budgetary accounting for appropriations for local governments, adding language that clarifies that nothing in this statute requires a contract to be reduced to writing. Makes organizational changes and provides that written obligations or those obligations evidenced by a written purchase order for materials and supplies must include on its face a certificate stating that the instrument has been preaudited to assure compliance with the section. Deletes language which provided an exception for obligations or documents that had been approved by the Local Government Commission. Adds subdivision (4) to subsection (d) providing that a local government and public authority can make certain payments in cash if an ordinance authorizing such form of payment has been adopted. Amends (d2) to provide that a finance officer is presumed to be in compliance with the statute if the officer complies with the rules adopted by the Local Government Commission. Adds language to subsection (e) concerning penalties, providing that the governing board must determine, by resolution, if payment from the official bond will be sought as well as a judgment from the finance officer or appointed deputy finance officer for deficiencies in the amount. Sets out exemptions for the certification requirements of subsections (a1) and (d). Makes technical, conforming, and clarifying changes. Deletes outdated language and references. Effective July 1, 2015, applying to expenditures incurred on or after that date. 

Amends the effective date clause to provide that unless otherwise noted, the act is effective when it becomes law. 

 

House committee substitute to the 1st edition makes a spelling correction.