Legislative Reporting Service

Transportation

H 100 (2015-2016) LOCAL GOVERNMENT IMMIGRATION COMPLIANCE (NEW). Filed Feb 23 2015, AN ACT TO PROVIDE THAT THE NAMES AND ADDRESSES OF PERSONS REQUESTING TO BE EXCUSED FROM JURY DUTY BASED ON DISQUALIFICATION SHALL BE RETAINED BY THE CLERK OF SUPERIOR COURT FOR NOT LESS THAN TWO YEARS; TO RECODIFY THE STATUTE THAT PROHIBITS THE USE OF CERTAIN FORMS OF IDENTIFICATION BY STATE AND LOCAL OFFICIALS; TO REPEAL A STATUTORY EXCEPTION TO THAT STATUTE; AND TO CREATE ADDITIONAL INCENTIVES FOR LOCAL GOVERNMENT TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION.

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

Amends GS 9-6.2 to no longer make an exception to the public record requriement for medical information.

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

Intro. by Cleveland.

GS 9

Courts/Judiciary, Court System

H 141 (2015-2016) STORMWATER/FLOOD CONTROL ACTIVITIES. Filed Mar 3 2015, AN ACT TO AUTHORIZE CITIES TO UNDERTAKE ACTIVITIES WITHIN THEIR STORMWATER MANAGEMENT PROGRAMS TO IMPLEMENT FLOOD REDUCTION TECHNIQUES THAT RESULT IN IMPROVEMENTS TO PRIVATE PROPERTY.

House amendments make the following changes to the 2nd edition.

Amendment #1

Amends proposed GS 160A-311.1 concerning flood control activities, deleting language that provided that the specified activities are only permitted by a city when done in accordance with the operation of a public enterprise. Amends subsection (c)(2), making a clarifying change.

Amendment #2

Amends proposed GS 160A-311.1, deleting language which stated that a city has an integral role in promoting and funding stormwater management programs to (1) increase infiltration of stormwater into the ground and (2) to reduce pollutants from entering the streams. Makes a technical correction.

Intro. by Jeter, Cotham, Cunningham.

GS 160A

Development, Land Use and Housing, Property and Housing, Environment, Environment/Natural Resources, Government, Local Government, Public Enterprises and Utilities

H 182 (2015-2016) PROPERTY INSURANCE FAIRNESS. Filed Mar 10 2015, AN ACT TO INCREASE THE FAIRNESS AND EQUITY OF PROPERTY INSURANCE RATE MAKING IN NORTH CAROLINA BY REQUIRING THAT CERTAIN PROPERTY INSURANCE DATA BE MADE AVAILABLE TO THE PUBLIC; BY PROVIDING THE NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION THE AUTHORITY TO HAVE ISSUED TAX-EXEMPT BONDS TO COVER LOSS-RELATED LIABILITIES; BY REFORMING CONSENT TO RATE PRACTICES; BY REQUIRING THAT CATASTROPHE MODELING USED FOR PROPERTY RATE-MAKING PURPOSES MORE ACCURATELY REFLECT POTENTIAL IMPACTS IN NORTH CAROLINA; AND BY CREATING THE JOINT LEGISLATIVE STUDY COMMITTEE ON PROPERTY INSURANCE RATE MAKING.

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

Amends the long title.

Deletes proposed GS Chapter 58, Article 10, Part 10, Property Insurance Rate Clarity.

Deletes proposed changes to GS 58-36-20, concerning Commissioner approval of rate levels.

Enacts GS 58-36-15(d2), directing the Rate Bureau to submit and report specified information on losses related to homeowner's insurance rate filings, including direct incurred losses, direct earned premiums, house years, and statewide expenses for the most recent five years. Requires submission of catastrophic wind and hail information. Requires the Department of Insurance (Department) to post all information received on its website. Also provides that information reported is considered a trade secret and must be treated as confidential information. Sets out procedures and requirements for the release of the information pursuant to a court order.

Amends proposed GS Chapter 58, Article 45A, Recovery Finance Authority, to include loss adjustment expenses as one of the expenses that is considered in calculating deficits for the purposes of receiving funding from the NC Recovery Finance Authority. Makes conforming changes.

Amends GS 58-45-47, concerning deficit events, making technical and clarifying changes. Provides that catastrophe recovery charge amounts remaining after payment of debt must first be remitted to the NC Recovery Finance Authority for expenses incurred and then any remaining charge amounts must go to the NC Insurance Underwriting Association (was, must be refunded to policyholders as approved).

Amends GS 159-89 and 159-96, replacing references to the "NC Guaranty Association" with "NC Insurance Underwriting Association."

Amends GS 58-36-30(b) concerning deviations in certain rates established by the Rate Bureau, to provide that the subsection only applies to insurance nonfleet private passenger motor vehicles coverage, with the exception of liability coverage (previously, only applied to insurance against theft for physical damage to nonfleet private passenger motor vehicles and for loss costs and residual market rate filings for workers' compensation and employers' liability insurance written in connection with those loss costs and rate filings). Requires insurers to give reasonable notice to the insured by including the specified language in 10 point type on the insured's written consent to rate form. Requires the form to be included on any renewal of or endorsement to the policy for any subsequent rate increase about the manual rate following the initial written consent of an insured, provided that no further written consent is required after the initial consent to rate is received (was, no written consent of the insured was required on any renewal or endorsement of a policy if the policy stated that the rates are greater than those applicable in North Carolina).

Intro. by Millis, Lewis, Hager.

STUDY, GS 56, GS 58, GS 120, GS 159

Business and Commerce, Insurance, Development, Land Use and Housing, Property and Housing

H 238 (2015-2016) DUTY-FREE TIME/LUNCH FOR TEACHERS. Filed Mar 16 2015, AN ACT TO PROVIDE THAT ALL TEACHERS HAVE DUTY-FREE INSTRUCTIONAL PLANNING TIME AND DUTY-FREE LUNCH.

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

Amends GS 115C-301.1 to require that all full-time assigned classroom teachers have a duty-free instructional planning time and duty-free lunch time during regular student contact hours (was, daily duty-free instructional time). Provides that every teacher is to have duty-free lunch time in accordance with GS 115C-105.27 (regarding the development of school improvement plans), which requires that strategies for improving student performance must include a duty-free lunch period for every teacher on a daily basis or as otherwise approved by the school improvement team.

Requires the school improvement plan to provide a duty-free lunch on a daily basis or a plan with the goal of providing at least seventy-five minutes per week.

Makes technical changes to punctuation.

Intro. by Elmore, Holloway.

Education, Elementary and Secondary Education

H 248 (2015-2016) ELIMINATE NC FINAL EXAM. Filed Mar 16 2015, AN ACT TO ELIMINATE THE NC FINAL EXAM AND THE ANALYSIS OF STUDENT WORK PROCESS AS THE MEASURES USED TO POPULATE STANDARD SIX OF THE TEACHER EVALUATION INSTRUMENT AND INSTEAD USE SCHOOL-WIDE GROWTH VALUES FOR TEACHERS WHO TEACH LESS THAN SIXTY PERCENT OF THEIR TIME IN END-OF-GRADE OR END-OF-COURSE SUBJECTS.

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

Requires that the State Board of Education (SBE) eliminate the analysis of student work process, as well as eliminate the use of the NC Final Exam, in assessing teacher performance in relation to Standard 6 of the North Carolina Teacher Evaluation System. Directs the SBE to adopt a policy that provides that assessment of teacher performance for Standard 6 of the state Teacher Evaluation System be made through end-of-grade assessments and end-of-course assessments for teachers who teach at least 60% of their time in an end-of-grade or end-of-course tested subject and provides that school-wide growth values be used to assess the performance of all other teachers.

Requires the Department of Public Instruction (was, the State Board of Education) to apply within 60 days of passage of the bill to the US Department of Education for an amendment to the flexibility waiver granted to North Carolina under the Elementary and Secondary Education Act regarding use of certain assessments to assess teacher performance.

Amends the bill's long title.

Intro. by Holloway, Elmore.

Education, Elementary and Secondary Education

H 396 (2015-2016) CC INNOVATIVE PILOT PROGRAM. Filed Mar 30 2015, AN ACT TO ESTABLISH A COMMUNITY COLLEGE INNOVATIVE PILOT PROGRAM.

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

Deletes provisions from the previous edition that provided for a $5 million appropriation from the General Fund to the Community Colleges System Office for fiscal years 2015-16 and 2016-17 for implementation of the Community College Innovative Pilot Program. Makes conforming deletions.

Intro. by Tine, Bryan, Horn, Waddell.

STUDY

Education, Higher Education, State Agencies, Community Colleges System Office

H 476 (2015-2016) DRIVERS LICENSE DONATION/DONATE LIFE NC. Filed Apr 1 2015, AN ACT TO ALLOW VOLUNTARY DONATIONS AT THE TIME OF A REMOTE RENEWAL OF A DRIVERS LICENSE TO THE LICENSE TO GIVE TRUST FUND AND TO DISTRIBUTE THE DONATION TO DONATE LIFE NORTH CAROLINA.

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

Deletes the repeal of SL 2004-189, Section 5(c).

Amends GS 20-7 to require the Division of Motor Vehicles to accept a voluntary contribution of two or more dollars from every person (was, credit 2.5% from the total amount of each fee) submitting payment of the fee for the remote renewal of driver's licenses and credit those donations to the License to Give Trust Fund (Fund).

Amends GS 20-7.4 to require the funds credited to the Fund under the above provision to be used for a quarterly grant (was, 50% of the funds credited to the Fund under the above provision must be transferred quarterly) to Donate Life North Carolina. Adds that the quarterly grants are made as long as the Give Trust Fund Commission determines that Donate Life North Carolina effectively conducts the specified purposes for which the funds must be used.

Amends the act's short and long titles.

Intro. by Saine, Hager, Wray, Presnell.

Courts/Judiciary, Motor Vehicle, Government, State Agencies, Department of Transportation

H 483 (2015-2016) LAND USE REGULATORY CHANGES. Filed Apr 1 2015, AN ACT TO MAKE CHANGES TO THE LAND USE REGULATORY LAWS OF THE STATE.

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

Amends new GS 160A-393.2, which prohibits precluding a landowner or permit applicant from challenging any unlawful condition imposed on a development as part of the application of land development regulations as a result of the landowner or permit applicant's actions to proceed with the development or use, to provide that this section does not apply to rezoning decisions.

Intro. by Jordan.

GS 6, GS 143A, GS 153A, GS 160A

Development, Land Use and Housing, Government, Local Government

H 483 (2015-2016) LAND USE REGULATORY CHANGES. Filed Apr 1 2015, AN ACT TO MAKE CHANGES TO THE LAND USE REGULATORY LAWS OF THE STATE.

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

Amends GS 160A-385(b), pertaining to cities, to clarify that the zoning permit required to fulfill the land development regulations in this subsection includes, but is not limited to a site plan approval, a special exception permit or any other permit or approval given under the authority of Chapter 160A, Article 19, that authorizes the use of land.

Makes the same clarifying change to GS 153A-344(b), pertaining to counties.

Amends new GS 160A-393.1 to clarify that the provisions of this section regarding civil actions for relief or other remedies are available to any landowner, permit applicant or tenant aggrieved by a final and binding decision involving the enforcement or application of a city or county zoning ordinance or any other ordinance that regulates land. Makes additional clarifying changes to this section.

Amends GS 160A-364.1(c) to provide that nothing in this section or in GS 1-54(10) or GS 1-54.1 bars a party in an action involving the enforcement of a zoning or unified development ordinance from raising the invalidity of the ordinance as a defense to the enforcement action.

Amends GS 6-21.7 to provide that in any action in which a city or county is a party, if the court finds that the city or county violated a statute setting forth clear limits on its authority (was, or otherwise abused its discretion), then the court must award reasonable attorneys' fees and costs to the party who successfully challenged the city's or county's action. In all other matters, the court may award reasonable attorneys' fees and costs to the prevailing party (was, private litigant).

Deletes changes to GS 1A-1, Rule 65, which deleted the provision exempting the State of North Carolina or any county or municipality, or any officer or agency acting in official capacity from paying a security prior to the issuing of a restraining or preliminary injunction.

Clarifies that the act applies to permit applications filed, actions filed in court, and claims and defenses asserted on or after the effective date of this act, October 1, 2015.

Intro. by Jordan.

GS 6, GS 143, GS 153A, GS 160A

Development, Land Use and Housing, Government, Local Government

H 562 (2015-2016) AMEND FIREARM LAWS. Filed Apr 2 2015, AN ACT TO AMEND VARIOUS FIREARM LAWS.

House committee substitute to the 1st edition is to be summarized.

Intro. by Schaffer, Burr, Cleveland, Faircloth.

H 565 (2015-2016) THREATEN LEO OR CORRECTIONAL OFFICER. Filed Apr 2 2015, AN ACT TO MAKE IT A CRIME TO THREATEN TO INFLICT SERIOUS BODILY HARM UPON OR TO KILL A LAW ENFORCEMENT OFFICER, PROBATION OR PAROLE OFFICER, DETENTION FACILITY EMPLOYEE, OR ANOTHER PERSON AS RETALIATION AGAINST THE OFFICER FOR PERFORMING THE OFFICER'S OFFICIAL DUTIES.

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

Deletes the proposed content of GS 14-277.6 and replaces it with the following.

Makes it a Class A1 misdemeanor to knowingly and willfully threaten to inflict serious bodily injury on or to kill an officer because of the exercise of that officer's duties when the threat is received and believed by the officer. Defines officer to mean any law enforcement officer, probation officer, parole officer, or a person who is employed at a detention facility operated under the jurisdiction of the state or a local government. Makes it a Class I felony to knowingly and willfully make any threat to inflict serious bodily injury upon or kill any other person as retaliation against an officer because of the exercise of that officers's duties when the threat is received and believed by the officer or the person threatened. Retains the December 1, 2015, effective date.

Amends the act's long title.

Intro. by Faircloth.

GS 14

Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Government, Public Safety and Emergency Management

H 581 (2015-2016) COMPUTER CODING COURSE ELECTIVE. Filed Apr 2 2015, AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP AND IDENTIFY COURSES IN COMPUTER PROGRAMMING AND CODING THAT CAN BE OFFERED AS ELECTIVE COURSES FOR MIDDLE SCHOOL AND HIGH SCHOOL STUDENTS.

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

Amends 115C-81 by adding a new subsection (e3), which directs the State Board of Education (SBE) to develop and identify academically rigorous courses in computer programming and coding that can be offered as electives at the middle school or high school level. Adds that the computer programming and coding courses must provide students with multiple opportunities to learn about the coding process. Removes subsection (m), previously added to GS 115C-81 in the 1st edition, which directed the SBE to develop computer science curriculum content standards, including standards to teach coding. Also removes definition of coding.

Amends the bill's long title.

Effective when the act becomes law and applies beginning with the 2015-16 school year.

Intro. by Cotham, Saine.

Education, Elementary and Secondary Education

H 587 (2015-2016) SCHOOL FLEXIBILITY ACT. Filed Apr 2 2015, AN ACT TO ESTABLISH PUBLIC SCHOOL FLEXIBILITY.

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

Intro. by Lambeth, Stam.

Education, Elementary and Secondary Education

H 640 (2015-2016) OUTDOOR HERITAGE ACT. Filed Apr 13 2015, AN ACT TO PRESERVE NORTH CAROLINA'S OUTDOOR HERITAGE FOR FUTURE GENERATIONS AND AMEND VARIOUS WILDLIFE RESOURCES COMMISSION LAWS.

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

Part I.

Clarifies that the report on the development of the plan for establishing and implementing the NC Outdoor Heritage Trust Fund is to be submitted by the Outdoor Heritage Advisory Council along with the Wildlife Resources Commission.

Part II.

Amends new GS 143B-344.60 to require the initial chair of the Outdoor Heritage Advisory Council be named by the Governor (was, by the Executive Director of the Wildlife Resources Commission).

Part V.

Amends GS 103-2 as follows. Changes the statute's caption. Prohibits the use of a firearm to take deer that are run or chased by dogs on Sunday (was, prohibited chasing deer with dogs, or allowing a dog to run or chase deer). Prohibits hunting on Sunday within 500 yards of a place of worship or any accessory structure, or within 300 yards of a residence not owned by the landowner (was, hunting within 300 yards of a place or worship or any accessory structure is prohibited, with no mention of a residence). Adds a prohibition on hunting on Sunday in a county with a population greater than 700,000. Deletes the additional changes to GS 103-2, which were to take effective July 1, 2018. Effective October 1, 2015.

Amends GS 153A-129 to allow a county to prohibit hunting on Sunday, as allowed under GS 103-2, so long as the ordinance doing so (1) is applicable from January 1 to December 31 of any year, (2) allows for individuals hunting in an adjacent county with no restriction on Sunday hunting to retrieve any animal lawfully shot from the adjacent county, and (3) is applicable to the entire county. Effective October 1, 2017; allows a county to adopt an ordinance prohibiting Sunday hunting before that date, but prohibits it from becoming effective until October 1, 2017.

Part VII.

Amends GS 113-291.4 by deleting proposed language that allowed the Wildlife Resources Commission to restrict or prohibit the use of dogs in hunting foxes during the breeding and raising seasons for game during the period April 1 through August 1.

Part VIII.

Amends proposed GS 113-291.5A to add that it is also the General Assembly's intent to recognize that hunting with dogs is a valuable part of the state's outdoor heritage.

Part IX.

Deletes proposed GS 113-136.1, which required the use of body worn cameras by Wildlife Enforcement Officers.

Intro. by Dixon, Malone, Lucas, Presnell.

STUDY, GS 103, GS 113, GS 143B, GS 153A

Animals, Environment, Environment/Natural Resources

H 640 (2015-2016) OUTDOOR HERITAGE ACT. Filed Apr 13 2015, AN ACT TO PRESERVE NORTH CAROLINA'S OUTDOOR HERITAGE FOR FUTURE GENERATIONS AND AMEND VARIOUS WILDLIFE RESOURCES COMMISSION LAWS.

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

Amends GS 103-2 to prohibit Sunday hunting within 500 yards of a residence not owned by the landowner (previously, prohibited hunting on Sunday within 300 yards of a residence not owned by the landowner).

Intro. by Dixon, Malone, Lucas, Presnell.

STUDY, GS 103, GS 113, GS 143B, GS 153A

Animals, Environment, Environment/Natural Resources

H 659 (2015-2016) CONTROLLED SUBSTANCES/UPDATE PRECURSOR LIST. Filed Apr 13 2015, AN ACT TO UPDATE THE LIST OF IMMEDIATE PRECURSOR CHEMICALS THAT IT IS UNLAWFUL FOR A PERSON TO POSSESS WITH INTENT TO MANUFACTURE OR DELIVER AND TO CLARIFY WHAT CONSTITUTES CERTAIN DRUG OFFENSES INVOLVING METHAMPHETAMINE.

House amendment to the 1st edition makes a technical change.

Intro. by Horn, Jackson.

GS 90

Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management

H 661 (2015-2016) TEACHER RECRUITMENT AND SCHOLARSHIPS. Filed Apr 13 2015, AN ACT TO TRANSFORM EDUCATOR PREPARATION IN THIS STATE.

House committee substitute makes the following changes to the 2nd edition.

Deletes the appropriation to the North Carolina State Education Assistance Authority. Adds that Section 1 of the act is subject to the availability of funds.

Intro. by Horn, Langdon, Elmore, Bryan.

GS 116

Education, Higher Education

H 672 (2015-2016) STI AND FERRY TOLLING REVISIONS. Filed Apr 13 2015, AN ACT TO REQUIRE THE PRIORITIZATION WORKGROUP TO INCLUDE CERTAIN CRITERIA WHEN DEVELOPING FORMULAS TO USE IN RANKING HIGHWAY AND NONHIGHWAY PROJECTS, TO ADJUST THE DEFINITION OF THE LOCAL INPUT FOR PURPOSES OF THE TRANSPORTATION INVESTMENT STRATEGY FORMULA, TO MOVE THE REPLACEMENT OF STATE-MAINTAINED FERRY VESSELS TO THE BRIDGE PROGRAM, TO ADJUST THE DISTRIBUTION OF THE PROCEEDS FROM TOLLS COLLECTED ON NORTH CAROLINA FERRY SYSTEM ROUTES, AND TO MAKE OTHER CONFORMING CHANGES.

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

Amends Section 34.18(a) of SL 2014-100 to allow the Department of Transportation to use funds from the bridge program for ferry passenger vessel rehabilitation projects. Provides that ferry passenger vessel rehabilitation cannot be outsourced to private contractors.

Amends GS 136-82(d) to make conforming changes.

Intro. by Tine, Shepard, Millis, Torbett.

GS 136

Government, State Agencies, Department of Transportation, Transportation

H 673 (2015-2016) MODIFY READ TO ACHIEVE. Filed Apr 13 2015, AN ACT TO MODIFY THE STATUTES PERTAINING TO READ TO ACHIEVE.

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

Amends GS 115C-83.6 by adding that the teacher of record for a student in kindergarten through third grade must not be prohibited from administering the assessments made available to local school administrative units to that student.

Intro. by Glazier, Johnson, Horn, Meyer.

Education, Elementary and Secondary Education, Government, State Agencies, State Board of Education

H 678 (2015-2016) AMEND INNOCENCE COMMISSION STATUTES. Filed Apr 13 2015, AN ACT TO MAKE VARIOUS AMENDMENTS TO THE LAWS REGARDING THE INNOCENCE COMMISSION.

House committee substitute to the 1st edition is to be summarized.

Intro. by Glazier, Daughtry, Stam.

H 687 (2015-2016) PUBLIC SCHOOLS/TESTING SCHEDULE. Filed Apr 13 2015, AN ACT TO PROVIDE FLEXIBILITY TO LOCAL SCHOOL ADMINISTRATIVE UNITS IN ESTABLISHING THE ANNUAL TESTING SCHEDULE AND ENSURING THAT THE TEACHER OF RECORD MAY ADMINISTER TESTS TO STUDENTS.

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

Amends GS 115C-17.12(a)(4) to allow local school administrative units to apply to the State Board of Education, at least 60 days before the scheduled date for assessments of final exams, for a waiver extending the testing schedule up to the final 20 instructional days for year-long courses and within the final 15 (was, 10) instructional days of the semester for semester-long courses. Adds that no teacher of record is to be prohibited from administering tests required through state or local testing programs to students assigned to that teacher.

Amends the act's long title.

Intro. by Meyer, Glazier, Langdon.

Education, Elementary and Secondary Education

H 706 (2015-2016) BUILDING CODE/RUSTIC CABINS. Filed Apr 14 2015, AN ACT TO REQUIRE THE BUILDING CODE COUNCIL TO AMEND THE NORTH CAROLINA BUILDING CODE TO EXEMPT OPEN AIR CAMP CABINS FROM CERTAIN REQUIREMENTS OF THE CODE.

House amendment makes the following changes to the 1st edition:

Amends Section 1 of the act concerning the definition of code, providing that it refers to the current NC Building Code as adopted by the Building Code Council (previously, provided that it referred to the 2012 NC Building Code).

Intro. by McGrady, Whitmire, Jordan, Harrison.

Development, Land Use and Housing, Building and Construction, Government, APA/Rule Making

H 729 (2015-2016) STANDARDS FOR CHIROPRACTIC PEER REVIEW. Filed Apr 14 2015, AN ACT REQUIRING CHIROPRACTIC PEER REVIEW TO BE PERFORMED BY INDIVIDUALS LICENSED TO PRACTICE CHIROPRACTIC IN THIS STATE.

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

Amends GS 90-153.1 to add that chiropractic peer review does not include reviews performed by individuals hired for the purpose of providing expert testimony in or preparing for litigation of personal injury claims.

Intro. by Conrad, Bryan, Setzer.

GS 90

Business and Commerce, Occupational Licensing, Health and Human Services, Health, Health Care Facilities and Providers

H 730 (2015-2016) Next Generation 911 Filed Apr 14 2015, AN ACT TO CREATE A NEXT GENERATION 911 RESERVE FUND TO IMPLEMENT NEXT GENERATION 911; TO REQUIRE PSAPS TO IMPLEMENT NEXT GENERATION 911; TO AUTHORIZE THE 911 BOARD TO ESTABLISH PURCHASING AGREEMENTS FOR STATEWIDE PROCUREMENT; TO ALLOW THE PSAP GRANT ACCOUNT TO BE USED FOR EXPENSES USED TO ENHANCE 911 SERVICE; TO AMEND THE LIMITATION OF LIABILITY FOR THE 911 SYSTEM; TO UPDATE THE 911 STATUTES TO INCLUDE NEW TECHNOLOGY; AND TO MAKE A TECHNICAL CORRECTION.

House amendment makes the following changes to the 1st edition.

Adds that the provisions of the act do not apply if a county and city have entered into an agreement or contract for the sharing of the cost of 911 dispatch services on or before the date the act becomes law. Provides that the agreement or contract remains effective until it expires or is terminated.

Intro. by Saine.

GS 153A

Government, Public Safety and Emergency Management, Local Government

H 735 (2015-2016) DPS CHANGES. (NEW) Filed Apr 14 2015, AN ACT TO MAKE VARIOUS CHANGES RELATED TO THE DEPARTMENT OF PUBLIC SAFETY.

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

Adds the North Carolina Sheriffs' Association to those entities that the Division of Adult Corrections must collaborate with in developing the process allowing an inmate whose driving privileges have been suspended or revoked for driving while impaired or driving under the influence may complete the requirements for reinstatement of driving privileges before release.

Intro. by C. Graham, Pierce.

Courts/Judiciary, Motor Vehicle, Criminal Justice, Corrections (Sentencing/Probation), Government, Public Safety and Emergency Management, Transportation

H 756 (2015-2016) FINANCIAL/LIFE SKILLS CC COURSE. Filed Apr 14 2015, AN ACT TO ESTABLISH A PROGRAM OF FINANCIAL LITERACY AND LIFE SKILLS INSTRUCTION TO BE OFFERED BY COMMUNITY COLLEGES.

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

Deletes the content of the previous edition and replaces it with the following.

Requires the State Board of Community Colleges to study the creation of a Financial Literacy and Life Skills Instruction Program as a statewide community college curriculum on financial literacy and life skills introduction that is to be delivered through the Community College System Office. Requires a report on the study to the Joint Legislative Education Oversight Committee by February 15, 2016.

Intro. by Queen, Reives, Cotham.

STUDY

Education, Higher Education, Government, State Agencies, Community Colleges System Office

H 763 (2015-2016) MILITARY OPERATIONS PROTECTION ACT OF 2016 (New). Filed Apr 14 2015, AN ACT TO PROTECT NORTH CAROLINA'S MILITARY FOOTPRINT BY (1) MODIFYING THE PERMITTING PROCESS FOR WIND ENERGY FACILITIES, THE ENDORSEMENT PROCESS FOR CONSTRUCTION OF TALL BUILDINGS AND STRUCTURES, AND THE PROCEDURE FOR ADOPTING, AMENDING, OR REPEALING ORDINANCES IN ORDER TO PROVIDE THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS WITH THE RESPONSIBILITY FOR CONSIDERATION AND REVIEW OF MILITARY‑RELATED CRITERIA AND (2) ESTABLISHING THE NORTH CAROLINA SENTINEL LANDS COMMITTEE TO COORDINATE THE OVERLAPPING PRIORITY AREAS IN THE VICINITY OF THE STATE'S MAJOR MILITARY INSTALLATIONS.

House amendment makes the following changes to the 1st edition.

Requires that one of the members appointed to the NC Joint Legislative Task Force on Regulatory Reform upon recommendation of the House of Representatives be a representative of an environmental advocacy group instead of an at-large public member.

Intro. by Millis, J. Bell, Riddell.

Business and Commerce

H 774 (2015-2016) RESTORING PROPER JUSTICE ACT. Filed Apr 14 2015, AN ACT TO AMEND THE LAW REQUIRING THE PRESENCE OF A LICENSED PHYSICIAN AT THE EXECUTION OF A DEATH SENTENCE.

House committee substitute to the 1st edition is to be summarized.

Intro. by Daughtry.

H 800 (2015-2016) CLARIFY MOTOR VEHICLE DEALER LAWS. Filed Apr 14 2015, AN ACT TO CLARIFY MOTOR VEHICLE DEALERS AND MANUFACTURERS LICENSING LAW.

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

Deletes proposed changes to GS 20-305(6).

Deletes proposed changes to GS 20-305(38).

Deletes proposed changes to GS 20-305.1(b3).

Deletes proposed changes to GS 20-305.1(c).

Intro. by W. Brawley.

Courts/Judiciary, Motor Vehicle

H 829 (2015-2016) AUTOMATIC LICENSE PLATE READERS. Filed Apr 14 2015, AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS BY STATE GOVERNMENTAL ENTITIES.

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

Amends new GS 20-183.24 to prohibit preservation of the captured license plate data for more than 60 days after the date that the data is captured, or 120 days for the purpose of electronic toll collection, except pursuant to a preservation request, disclosure order, or search warrant.

Amends new GS 20-183.25 to change the start date for the reporting requirements under this act. Requires any governmental entity using an automatic license plate reader system to report on its usage to the Attorney General annually beginning July 1, 2016 (was, July 1, 2015). Directs the Attorney General to annually compile the information received from governmental entities beginning October 1, 2016 (was, October 1, 2015), and submit a written report to the General Assembly.

Deletes previous language in GS 136-18(46) and provides the following. Defines the term public utilityfor the purposes of this subdivision to mean any of the following: (1) a public utility as defined in GS 62-3(23); (2) an electric membership corporation; (3) a joint municipal power agency; (4) a city or county engaged in producing, generating, transmitting, delivering, or furnishing electricity for private or public use; or (5) a telephone membership corporation. Gives the Department of Transportation the following powers related to public safety technology: (1) to enter into agreements with municipalities, counties, and other governmental entities for the use of and encroachment upon the right-of-way of any road designated as part of the state highway system for the installation and use of law enforcement, fire suppression service, emergency medical response service, and related public safety technology under specified conditions and (2) to approve requests by municipalities, counties, and other public entities for the use and encroachment upon utility easements previously granted by the Department to the utility for purposes of installing public safety technology under specified conditions. Provides that the agreements authorized must not interfere with the use of the right-of-way by a utility.

Intro. by Speciale, Hardister, Glazier.

Courts/Judiciary, Motor Vehicle, Government, State Agencies, Department of Transportation, Transportation

H 847 (2015-2016) PARENTAL RIGHTS AND MED. TREATMENT OF MINORS. (NEW) Filed Apr 14 2015, AN ACT PROTECTING PARENTS FROM REPORTS OF ABUSE OR NEGLECT BASED SOLELY ON A DECISION TO FOLLOW TREATMENT RECOMMENDED BY A HEALTH CARE PROVIDER OR MENTAL HEALTH CARE PROVIDER AND TO PROVIDE FOR PARENTS' FUNDAMENTAL RIGHTS.

House committee substitute makes the following changes to the 2nd edition.

Recodifies proposed GS 90-21.10A as new GS 115C-6.

Intro. by Jordan.

GS 7B, GS 115C

Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Health and Human Services, Health, Health Care Facilities and Providers, Social Services, Child Welfare

H 860 (2015-2016) LIMIT SOLDIERS' CC TUITION. Filed Apr 14 2015, AN ACT TO LIMIT COMMUNITY COLLEGE TUITION FOR RE-ENROLLING ACTIVE DUTY SERVICE MEMBERS SO THAT THE MAXIMUM RATE SHALL NOT EXCEED AVAILABLE FEDERAL TUITION ASSISTANCE.

House amendment makes the following changes to the 1st edition:

Amends GS 116-143.3 to provide that the amount of waived tuition provided for active duty Armed Forces members as specified cannot exceed 10% of the out-of-state tuition amount or allows full waiver if all of the specified conditions are met.

Intro. by Hanes, Glazier.

GS 116

Education, Higher Education, Military and Veteran's Affairs

The Daily Bulletin: 2015-04-28

PUBLIC/SENATE BILLS

S 88 (2015-2016) POLE ATTACHMENT DISPUTES (NEW). Filed Feb 16 2015, AN ACT TO ASSIGN POLE ATTACHMENT DISPUTES TO THE NORTH CAROLINA UTILITIES COMMISSION.

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

Amends the act's short and long titles.

Amends GS 62-350(a), making a technical change.

Amends GS 62-350(c) to provide that when parties are unable to reach an agreement as specified, then either party can initiate proceedings to resolve the dispute before the the North Carolina Utilities Commission (Commission). Provides that the Commission has exclusive jurisdiction over proceedings arising under this section and will adjudicate individual disputes on a case-by-case basis. Provides that the Commission cannot exercise general rate-making authority over communication service provider use of municipal or membership corporation facilities. Also provides that Public Staff will be automatically made a party to any such proceedings and must provide evidence and argument as appropriate. Provides that the Commission can consider any evidence or rate-making methodologies offered or proposed (previously, such disputes were brought under the jurisdiction of the NC Business Court with requirements that the action be resolved in 180 days). Makes conforming changes.

Amends GS 62-350(d)(4) concerning procedures for pole attachments in the absence of an agreement, adding language which provides for the same provisions detailed above about the initiating of proceedings to resolve a dispute before the Commission.

Amends GS 62-350(f), making conforming changes.

Repeals GS 7A-45.4(b)(3), concerning actions involving pole attachment disputes as business cases.

Provides that the Commission can consider any evidence presented by a party in a proceeding under GS 62-350.

Intro. by Brown.

GS 7A, GS 62

Public Enterprises and Utilities

S 97 (2015-2016) STATE ADVISORY COUNCIL ON INDIAN EDUCATION. Filed Feb 19 2015, AN ACT TO MODIFY THE MEMBERSHIP OF THE STATE ADVISORY COUNCIL ON INDIAN EDUCATION.

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

Amends GS 115C-210.1 to require American Indian membership on the State Advisory Council on Indian Education to be broadly representative of North Carolina Indian tribes and organizations, North Carolina State-recognized tribes and organizations, and parents and educators from tribes recognized by the US Department of the Interior, Bureau of Indian Affairs.

Intro. by J. Davis.

Education

S 119 (2015-2016) GSC TECHNICAL CORRECTIONS 2015. Filed Feb 25 2015, AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER AMENDMENTS TO THE STATUTES AND SESSION LAWS.

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

Amends GS 14-269, concerning the carrying of concealed weapons; 14-313, concerning youth access to certain tobacco related products; 18B-302(d), concerning the sale of alcoholic beverages to underage individuals; 20-115, concerning scope of regulations for operation of certain vehicles; 106-549.21(d) and (e), concerning stamping containers; and 131E-154.13, concerning definitions for healthcare facilities and services, making technical corrections.

Intro. by Hartsell.

GS 14, GS 15A, GS 18B, GS 20, GS 39A, GS 62, GS 66, GS 90, GS 106, GS 131E, GS 143C, GS 150B, GS 161

Courts/Judiciary, Court System, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Government, APA/Rule Making, State Agencies, Department of State Treasurer, Health and Human Services, Health, Public Enterprises and Utilities, Transportation

S 124 (2015-2016) ASSUMED BUS.NAME/IC CONTEMPT/PARKS (NEW). Filed Feb 25 2015, AN ACT TO MODERNIZE THE LAW GOVERNING THE USE OF ASSUMED BUSINESS NAMES AND TO MAKE RELATED CONFORMING AND TECHNICAL AMENDMENTS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, TO CLARIFY HOW THE INDUSTRIAL COMMISSION REFERS MATTERS OF INDIRECT CRIMINAL CONTEMPT TO THE DISTRICT COURT, TO REMOVE CERTAIN PROPERTY FROM THE STATE NATURE AND HISTORIC PRESERVE, AND TO AUTHORIZE THE DELETION OF VARIOUS PROPERTIES FROM THE STATE PARKS SYSTEM.

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

Deletes the appropriation of $214,535 to the Department of the Secretary of State. Makes conforming changes to the effective date provisions.

Intro. by Hartsell.

GS 1, GS 53, GS 55D, GS 58, GS 59, GS 62, GS 66

Business and Commerce, Corporation and Partnerships, Courts/Judiciary, Civil, Civil Law, Court System, Criminal Justice, Criminal Law and Procedure

S 192 (2015-2016) CITATIONS/SHERIFFS ACCEPT FAXES. Filed Mar 5 2015, AN ACT TO ALLOW DOMESTIC VIOLENCE PROTECTIVE ORDERS, CIVIL NO-CONTACT ORDERS, AND INVOLUNTARY COMMITMENT ORDERS TO BE TRANSMITTED BY ELECTRONIC AND FACSIMILE TRANSMISSION, TO AMEND LAWS REGARDING TRANSPORTATION OF PERSONS BEING INVOLUNTARILY COMMITTED, AND TO REQUIRE THE ADMINISTRATIVE OFFICER OF THE COURTS TO RECEIVE INPUT ON CLARIFYING LANGUAGE USED IN CITATIONS AND MAKE CHANGES AS APPROPRIATE.

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

Deletes proposed GS 162-16.1.

Amends GS 50B-3 and GS 50C-9 to require the clerk of court to deliver protective orders and civil no-contact orders directly to the appropriate law enforcement agency for service and allows transmission by electronic or facsimile transmission with consent of the receiving law enforcement agency.

Amends the act's long title.

Intro. by Cook.

GS 15A, GS 50B, GS 50C

Courts/Judiciary, Civil, Civil Law, Family Law, Court System, Government, Public Safety and Emergency Management

S 207 (2015-2016) AGGRAVATING FACTOR/VIOLENT ACT BEFORE MINOR. Filed Mar 9 2015, AN ACT TO MAKE IT AN AGGRAVATING FACTOR TO COMMIT A VIOLENT FELONY THAT A DEFENDANT REASONABLY SHOULD KNOW IS BEING WITNESSED BY A CHILD WHO IS LESS THAN SIXTEEN YEARS OLD AND TO PROVIDE THAT THE INCREASED PENALTY FOR A MISDEMEANOR ASSAULT COMMITTED IN THE PRESENCE OF A MINOR MAY BE IMPOSED WHEN THE MINOR WAS IN A POSITION TO SEE OR HEAR THE COMMISSION OF THE MISDEMEANOR OFFENSE.

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

Amends GS 15A-534.1 to require a judge to determine the conditions of pretrial release when a defendant is charged with assault on, stalking, communicating a threat to, or committing a felony upon a person with whom the defendant is or has been in a dating relationship.

Amends the act's long title.

Intro. by

GS 14, GS 15A

Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation)

S 211 (2015-2016) DAMAGES FOR LATE PAYMENT OF MONIES/CHARTERS. (NEW) Filed Mar 10 2015, AN ACT TO PROVIDE FOR DAMAGES WHEN FUNDS ARE NOT TRANSFERRED WITHIN REQUIRED TIME LINES BETWEEN LOCAL SCHOOL ADMINISTRATIVE UNITS AND CHARTER SCHOOLS.

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

Amends GS 115C-218.105(e) to award court costs and attorneys' fees (was, attorneys' fees and costs) to the prevailing party in a dispute as to the timeline under which the funds should have been transferred between local school administrative units and charter schools. Also provides that the court is to award liquidated damages in an amount equal to 5% (was, a penalty of 5% of the monies that should have been transferred) of the monies that should have been transferred under subsection (c) of GS 115C-218.105 as compensation for administrative expenses incurred by the prevailing party due to the monies being unavailable. Directs the court to order that any delinquent funds, court costs, fees, liquidated damages (was, penalty, and interest) be paid to the prevailing party in equal installments within no more than one year from the entry of judgment.

Amends both the long and short title of this act.

Intro. by Tillman.

Education, Elementary and Secondary Education

S 330 (2015-2016) CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS. Filed Mar 18 2015, AN ACT TO AMEND THE LAW REGARDING CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS.

Senate committee substitute makes the following changes to the 2nd edition.

Requires all change orders involving school construction contracts to be approved by the local board of education except as provided in a policy adopted by a local board of education. Clarifies that a local board of education must adopt a policy providing change orders are not subject to approval by the local board of education but may be approved by the superintendent or superintendent's designee for change orders that do not exceed the specified amounts. Makes conforming changes.

Intro. by Tillman.

Development, Land Use and Housing, Building and Construction, Education, Elementary and Secondary Education

S 343 (2015-2016) STUDENT ASSAULT ON TEACHER/FELONY OFFENSE. Filed Mar 19 2015, AN ACT TO MAKE IT A CRIMINAL OFFENSE FOR A STUDENT WHO IS SIXTEEN YEARS OF AGE OR OLDER WHO DOES NOT HAVE AN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN TO ASSAULT A SCHOOL EMPLOYEE ON SCHOOL PROPERTY WHEN THE EMPLOYEE IS DISCHARGING OFFICIAL DUTIES OR THE ASSAULT IS COMMITTED AS A RESULT OF THE DISCHARGE OR ATTEMPT TO DISCHARGE THE INDIVIDUAL'S DUTIES AS A SCHOOL EMPLOYEE.

Senate committee substitute makes the following changes to the 2nd edition.

Amends the long title.

Amends proposed GS 14-33.3(c), providing that students convicted of an assault on a school employee, as specified in this section, are guilty of a Class A1 misdemeanor for a first offense. A second offense pursuant to this section is a Class H felony, with third or subsequent offenses being Class G felonies (previously, first offenses were Class I felonies and subsequent offenses were Class G felonies).

Makes a conforming change.

Intro. by Tillman.

GS 14

Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education

S 345 (2015-2016) LIMIT STORAGE DURATION FOR DAMAGED VEHICLE (NEW). Filed Mar 19 2015, AN ACT TO LIMIT THE AMOUNT OF TIME A MOTOR VEHICLE CAN BE IMPOUNDED AFTER A COLLISION.

Senate committee substitute makes the following changes to the 2nd edition.

Amends proposed GS 20-116.3 to remove provisions concerning the amount of storage fees that may be charged. Provides that a motor vehicle towed and stored at the direction of a law enforcement agency (was, towed and stored by a law enforcement agency) after a collision may be held for evidence for no more than 20 days without a court order. Makes conforming changes.

Changes the act's short and long titles.

Intro. by Meredith.

Courts/Judiciary, Motor Vehicle, Government, Public Safety and Emergency Management

S 378 (2015-2016) INCREASE PUNISHMENT/MISD. DEATH BY VEHICLE. Filed Mar 24 2015, AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN OFFENSES OF MISDEMEANOR DEATH BY VEHICLE.

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

Amends proposed GS 20-141.4(a4), concerning felony and misdemeanor death by vehicle, providing that, in addition to violations of GS 20-138.1 or GS 20-138.2, violations of GS 20-141(o)(1), improper equipment; GS 20-311, financial responsibility requirement; GS 20-111, a registration requirement; and GS 20-7, no operator's license, do not count as violations for the purposes of triggering the aggravated misdemeanor death by vehicle provisions of this section. Makes technical changes.

Adds language to subsection (b)(6) concerning punishments and penalties for aggravated misdemeanor death by vehicle, providing that a court can impose an active or suspended sentence of up to 365 days regardless of the defendant's prior conviction level, as specified.

Amends GS 20-141.4(a2)(2) and 20-16.2(a1), making conforming changes.

Intro. by Bingham.

Courts/Judiciary, Motor Vehicle

S 400 (2015-2016) SCHOOL ACCESS FOR BOY SCOUTS/GIRL SCOUTS. (NEW) Filed Mar 24 2015, AN ACT TO GIVE PRIORITY ACCESS TO CIVIC ORGANIZATIONS THAT WORK WITH STUDENTS SUCH AS THE BOY SCOUTS AND GIRL SCOUTS.

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

Amends the short and long titles.

Deletes proposed GS 115C-47(62), which encouraged local boards of education to to give access for participation in the Boy Scouts and Girl Scouts of America.

Amends GS 115C-206, concerning the duties and responsibilities of the State Board of Education, adding a new provisions that must be included in recommended guidelines presented to the State Board of Education by the Superintendent of Public Instruction, which provides that local boards of education are to be directed to give priority in the use of school facilities to any youth group listed in Title 36 of the US Code, such as the Boy Scouts and Girl Scouts of America.

Amends GS 115C-207, concerning the authority and responsibility of local boards of education, providing that local boards of education that use state funds must give priority in the use of school facilities to any youth group listed in Title 36 of the US Code, such as the Boy Scouts and Girl Scouts of America.

Amends proposed GS 115C-218.75(d) concerning the operation of charter schools, and proposed GS 115C-238.66(13) concerning the operation of regional schools, to provide that they are encouraged to facilitate access to any youth group listed in Title 36 of the US Code, for the purposes of encouraging civic education (previously, proposed subsections specifically provided that the specified schools are encouraged to give access for participation in the Boy Scouts and Girl Scouts of America).

Intro. by Barringer, Daniel, Newton.

Education, Elementary and Secondary Education

S 456 (2015-2016) CHARTER SCHOOL MODIFICATIONS. Filed Mar 25 2015, AN ACT TO MAKE CHANGES TO THE CHARTER SCHOOL STATUTES AND TO DIRECT THE STATE BOARD OF EDUCATION TO ADOPT RULES REGARDING REPLICATION OF CERTAIN CHARTER SCHOOLS.

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

Deletes all provisions of the 1st edition and replaces it with the following.

Amends GS 115C-218(b)(10) to require the State Board of Education (State Board) to submit all proposed rules and guidance related to charter schools to the NC Charter School Advisory Board (Advisory Board), and requires the Advisory Board to provide comments and recommendations within 45 days. Prohibits the State Board from adopting any proposed rules and other guidance related to charter schools until comments and recommendations have been received, unless the Advisory Board fails to provide written comments and recommendations within 45 days.

Amends GS 115C-218.1(b)(3) to allow a charter school board of directors to include members who are not state residents, but allows the State Board to require that a majority of the board reside in the state.

Amends GS 115C-218.1(b)(13) to increase the minimum number of students to be served by the charter school from 65 to 80.

Amends GS 115C-218.5 to require the State Board to renew the charter upon the request of the chartering entity for subsequent periods of 10 years (was, allowed renewal for subsequent periods of 10 years). Requires granting approval of a material revision of a charter application for a charter school to increase its enrollment during the charter school's second year of operation and annually thereafter by up to 20% of the school previous year's enrollment unless: (1) the charter school has been notified by the State Board in the previous year of failure to meet requirements for student performance contained in the charter or failure to meet generally accepted standards of fiscal management or (2) the charter school is not in compliance with state law, federal law, the school's own bylaws, or the provisions set forth in its charter granted by the State Board (was, increases in enrollment during the charter school's second year of operation and annually thereafter of up to 20% of the school's previous year's enrollment was not considered a material revision of a charter application).

Amends GS 115C-218.15 to require a charter school board of directors to adopt a conflict of interest and anti-nepotism policy that includes specified provisions.

Amends GS 115C-47 to add a provision concerning the adoption of anti-nepotism policies by local boards of education.

Amends GS 115C-426 to allow other funds to be used to account for reimbursements, including indirect costs, fees for actual costs, and tuition, if necessary to comply with a requirement by a donor of a gift or a grant that the local school administrative unit use a separate fund to account for those funds.

Requires the State Board, upon written recommendation made by the Advisory Board, by September 15, 2015, to amend the process and rules for replication of high‑quality charter schools established in North Carolina State Board of Education Policy TCS‑U‑016 to authorize consideration for fast track replication of a charter application from a board of directors of a North Carolina nonprofit corporation who agrees to contract with an education management organization or charter management organization currently operating a charter school or schools in the State. Requires the State Board to report to the Joint Legislative Education Oversight Committee by November 15, 2015, on the amendment to the process and rules for charter school replication.

Intro. by Tillman.

Education, Elementary and Secondary Education

S 477 (2015-2016) TRANSFER OF BLADEN CORRECTIONAL FACILITY (NEW). Filed Mar 25 2015, AN ACT TO TRANSFER THE FORMER BLADEN CORRECTIONAL CENTER PROPERTY TO THE BLADEN COUNTY BOARD OF COMMISSIONERS.

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

Deletes all contents of the previous edition and replaces it with the following.

Requires the State to convey to the Bladen County Board of Commissioners, for consideration of $1, the portion of the former Bladen County Correctional Center property that is within a fenced off area of that property and a right of way allowing ingress and egress to property in the general direction of the nearby firing range. Requires the property to be conveyed to the Bladen County Board of Commissioners for so long as it is utilized for county government purposes. Requires the conveyance to be as is and where is without warranty. Requires costs associated with the conveyance of the property to be borne by Bladen County. Exempts the conveyance from Article 7 (Dispositions) of GS Chapter 146; requires it to comply with the provisions of Article 16 (Form of Conveyances) of GS Chapter 146 with the exception of GS 146‑74 (requiring every proposed conveyance in fee of State lands to be submitted to the Governor and Council of State for their approval). Effective July 1, 2015.

Changes the act's titles.

Intro. by Brown.

UNCODIFIED, Bladen

Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Government, State Government, State Property

S 478 (2015-2016) IN-STATE TUITION FOR CERTAIN VETS/FED PROG. Filed Mar 25 2015, AN ACT TO MAKE CERTAIN VETERANS AND OTHER INDIVIDUALS ENTITLED TO FEDERAL EDUCATIONAL BENEFITS UNDER 38 U.S.C. CHAPTER 30 OR 38 U.S.C. CHAPTER 33 WHO ENROLL IN ANY OF THE STATE'S PUBLIC INSTITUTIONS OF HIGHER EDUCATION ELIGIBLE FOR IN STATE TUITION BY WAIVING THE TWELVE MONTH STATE RESIDENCY REQUIREMENT AND TO REPEAL THE REQUIREMENTS REGARDING THE YELLOW RIBBON PROGRAM.

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

Deletes the provisions concerning appropriations and appropriating funds to the UNC Board of Governors and the Community Colleges System Office.

Intro. by Brown, Rabon, Sanderson.

GS 116

Education, Higher Education, Military and Veteran's Affairs

S 480 (2015-2016) UNIFORM POLITICAL ACTIVITY/EMPLOYEES. Filed Mar 25 2015, AN ACT TO ESTABLISH A UNIFORM STANDARD FOR POLITICAL ACTIVITY OF EMPLOYEES OF THE STATE AND LOCAL BOARDS OF EDUCATION.

Senate committee substitute makes the following changes to the 2nd edition.

Amends GS 115C-335.15 as follows. Adds that a local board of education employee may not use the authority of the person's position to secure support for or oppose any candidate, party, or issue in an election involving candidates for office or party nominations, or affect the results of such, while the employee is on duty or within any period of time during which the employee is expected to perform services for which the employee receives compensation from a local board of education. Makes conforming and clarifying changes.

Amends GS 126-13 as follows. Adds that state employees subject to the NC Human Resources Act or temporary state employees may not use the authority of the person's position to secure support for or oppose any candidate, party, or issue in an election involving candidates for office or party nominations, or affect the results of such, while the employee is on duty or within any period of time during which the employee is expected to perform services for which the employee receives compensation from the state. Makes conforming and clarifying changes.

Intro. by Brock, Wade.

GS 115C, GS 126

Education, Government, Elections, State Government, State Personnel

S 508 (2015-2016) AMEND BAIL BOND LAWS. Filed Mar 25 2015, AN ACT TO MAKE VARIOUS AMENDMENTS TO THE BAIL BOND, COLLECTION AGENCY, AND CRIMINAL MEDIATION LAWS.

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

Amends GS 15A-534, Procedure for determining conditions of pretrial release, providing that a copy of the order granting pretrial release must be given to the defendant and any surety or the agent that executed the bond for the defendant's release pursuant to that order (previously, must be given to, in addition to the clerk and defendant, any surety, including runners that provided a bond as specified). Amends conditions on the list of when the obligation of an obligor is terminated, providing that, in addition to other circumstances that terminate the obligation, it is terminated when (1) the defendant has been ruled incapable to proceed by the courts pursuant to GS Chapter 15A, Article 56 (previously did not include the requirement concerning GS Chapter 15A) or when (2) the defendant has entered into a deferred prosecution agreement or written conditional discharge (previously, only referenced deferred prosecution agreement). Requires sureties to give written notice to the office of the District Attorney and the attorney for the local school board prior to the end of 36 months, since the provisions provide that no surety can be held liable for a bond posted for any charge for more than 36 months.

Amends GS 15A-544.5(b), concerning set aside forfeiture, deleting proposed changes to (b)(2). Amends subsection (c), adding language that provides that a clerk cannot set aside bond forfeited pursuant to GS 15A-544.5(f). Deletes proposed changes made to subsection (d)(5), which provided that in regards to motions filed for the setting aside of forfeiture as specified, if a hearing is not heard within 30 days after an objection to the motion is filed, then the forfeiture cannot become a final judgment and cannot be enforced or reported to the Department of Insurance and requires the forfeiture to be set aside.

Intro. by Lee, Randleman.

GS 15A

Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation)

S 511 (2015-2016) PROOF REQUIRED FOR DEBT/FEES. Filed Mar 25 2015, AN ACT TO ALLOW COLLECTION ONLY WHERE ADEQUATE PROOF OF INDEBTEDNESS PROVIDED; TO CONFORM TO FEDERAL LAW; TO AID DEBTORS IN IDENTIFYING ACCOUNT OWNERS TO RESOLVE CREDIT ISSUES; TO SPECIFY THAT A CHARGE-OFF STATEMENT SERVE AS PROOF OF DEBT OWED; AND TO MAKE VARIOUS RELATED CHANGES.

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

Amends GS 58-70-115 as follows. Amends (8) and (9) to add that those provisions apply when the collection agency is a debt buyer or is acting on behalf of a debt buyer when collecting or attempting to collect on a time-barred debt where the debt is not past the date for obsolescence. Makes additional clarifying changes.

Amends GS 58-70-155 to provide that the only evidence sufficient to establish the amount and nature of the debt are the documents containing at least the specified items (deletes the provision requiring properly authenticated business records that satisfy Rule 803(6) of the North Carolina Rules of Evidence). Amends the items that must be included in the document to no longer require an itemization of charges and fees claimed to be owed, and clarifies that the amount of post-charge off interest claimed is to be included.

Adds a new section enacting GS 58-70-117 as follows. Provides that if a consumer provides written notification to a debt collector that the consumer refuses to pay a debt or that the consumer want the debt collector to cease further communication with the consumer, the collector is prohibited from communicating further with the consumer concerning the debt except to (1) advise the consumer that the debt collector's further efforts are being terminated; (2) notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked; and (3) notify, where applicable, the consumer that the debt collector or creditor intends to invoke a specified remedy.

Intro. by Lee, Brown.

GS 58

Banking and Finance

S 519 (2015-2016) AMEND CHILD CUSTODY LAWS (NEW). Filed Mar 26 2015, AN ACT TO PROMOTE THE ENCOURAGEMENT OF PARENTING TIME WITH CHILDREN BY BOTH PARENTS.

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

Amends the short and long titles.

Deletes all of the provisions of the previous edition.

Enacts GS 50-13.01, Purposes, providing the policy and the mission of the state in regards to child custody by highlighting five focus areas, including encouraging focused, good-faith, best-interest, and child-centered joint parenting agreement development and encouraging programs and court practices that maximize participation of both parents in the child's life.

Amends GS 50-13.2, Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State; consideration of parent's military service, making organizational and clarifying changes. Deletes a provision that provided that joint custody of the parents must be considered on the request of either parent. No longer requires findings to be made concerning the safety of either party from domestic violence by the other party.

Intro. by B. Jackson.

GS 50

Courts/Judiciary, Civil, Family Law

S 561 (2015-2016) FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS (NEW). Filed Mar 26 2015, AN ACT TO APPROPRIATE ADDITIONAL FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS.

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

Deletes all of the provisions from the previous edition.

Adds whereas clauses concerning preparing students for college.

Directs the State Board of Community Colleges (SBCC) to, in consultation with the State Board of Education (SBE), to develop a program for implementation in the 2016-17 school year to introduce college developmental mathematics and reading and English curriculum to high school seniors and that provides college remediation for students prior to high school graduation through partnerships with community colleges. Sets out five requirements for the program, including revisions to current direct instruction remediation modules and the establishment of certain measures for determining student readiness and preparation for college coursework, using ACT scores, GPAs, or other measures.

Requires the SBCC and the SBE to report on the implementation of this program to the Joint Legislative Oversight Committee no later than January 15, 2016.

Changes the act's short and long titles.

Intro. by Barefoot, Rucho.

Education, Higher Education, Government, State Agencies, Community Colleges System Office

S 570 (2015-2016) EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW) Filed Mar 26 2015, AN ACT TO EXPAND THE AVAILABILITY OF CERTIFICATES OF RELIEF TO CERTAIN OFFENDERS AND FOR EXPUNCTIONS OF FINDINGS OF NOT GUILTY OR NOT RESPONSIBLE.

Senate committee substitute makes the following changes to the 2nd edition.

Amends GS 15A-145.5(c) to add that for purposes of the statute, "nonviolent misdemeanor" or "nonviolent felony" does not include an offense under GS 20-138.1, GS 20-138.2, or GS 20-138.5 for driving while impaired, or under GS 75A-10(b1) for boating while impaired.

Amends the act's long title.

Intro. by Bryant, McKissick, Daniel.

GS 14, GS 15A

Courts/Judiciary, Criminal Justice, Criminal Law and Procedure

S 597 (2015-2016) REPEAL REFERENCES TO ABC'S. (NEW) Filed Mar 26 2015, AN ACT TO REPEAL REFERENCES TO THE ABC'S PROGRAM IN THE GENERAL STATUTES.

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

No longer repeals GS 115C-12(30a).

Repeals GS 115C-105.36, Performance recognition.

Deletes proposed changes to GS 115C-174.11(c)(1).

Deletes Part II of the act concerning low performing schools.

Deletes Part III of the act concerning revising the teacher evaluation cycle.

Deletes Part IV of the act concerning report changes.

Amends GS 143B-146.2 no longer delete provisions concerning assistance teams.

Deletes the following: (1) the proposed changes to GS 143B-146.5; (2) the repeal of GS 143B-146.6; (3) the repeal of GS 143B-146.7; (4) the repeal of GS 143B-146.8; and (5) the repeal of GS 143B-146.9.

Amends the act's titles.

Intro. by Tillman, Soucek, Curtis.

GS 115C, GS 143B

Education, Elementary and Secondary Education

S 652 (2015-2016) PROHIBIT RE-HOMING OF AN ADOPTED MINOR CHILD. Filed Mar 26 2015, AN ACT TO PROHIBIT THE RE-HOMING OF AN ADOPTED MINOR CHILD AND MAKE CONFORMING STATUTORY CHANGES.

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

Removes amended GS 14-43.14, Unlawful sale, surrender or purchase of a minor, which provided that a person who willfully participates in the re-homing of an adopted minor child as defined in GS 48-1-101(14a) and GS 48-10-106 is in violation of this section.

Changes the effective date of the act from when the act becomes law to December 1, 2015.

Intro. by Stein, Barringer.

GS 7B, GS 48

Courts/Judiciary, Civil, Family Law, Juvenile Law, Abuse, Neglect and Dependency, Health and Human Services, Social Services, Child Welfare

S 678 (2015-2016) AMEND DEBT COLLECTION STATUTES. Filed Mar 26 2015, AN ACT TO AMEND THE DEBT COLLECTOR STATUTES TO MORE NEARLY CONFORM TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT.

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

Amends GS 75-54 to provide that failing to disclose that the purpose of the communication is to collect a debt is not a deceptive representation if the communication is made to a third-party under GS 75-53 for the purpose of obtaining location information about the debtor.

Amends GS 75-55 to delete the provision expressly authorizing the collection of fees. Deletes the language providing that if a consumer decides to make arrangements with a debt collector to cure any existing default and resume debt payments, the collector is entitled to add the court costs to the balance of the loan and collect them as part of the loan balance. Makes clarifying changes.

Intro. by Gunn, B. Jackson, D. Davis.

GS 75

Banking and Finance

S 694 (2015-2016) REEGAN'S RULE/ENFORCE PHARM. BEN. MGMT. (NEW) Filed Mar 26 2015, AN ACT TO ENCOURAGE PARENT EDUCATION DURING WELL‑CHILD VISITS AT SPECIFIC AGE INTERVALS REGARDING TYPE I DIABETES AND TO AMEND THE LAW PERTAINING TO PHARMACY BENEFIT MANAGERS.

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

Amends proposed GS Chapter 143, Article 81, the Employee Fair Classification Act, making technical and clarifying changes to the definitions section for the Article. Amends the name of the newly established division to the Employee Classification Division (was, Employee Misclassification Division). Makes conforming changes. Amends the factors that are considered when determining if an individual is an independent contractor. Adds language that provides that factors consistent with the holding of Hayes v. Board of Trustees of Elon College can be considered in making an independent contractor determination. Provides that there is a right to a hearing by the Industrial Commission in regards to any penalties assessed (was, a right to a hearing by the Office of Administrative Hearings). Provides that the State Licensing Board for General Contractors has the power to refuse to issue or renew as well as revoke, suspend, or restrict licenses and assess other disciplinary action concerning general contractors if a penalty has been imposed pursuant to GS 143-765(b) and upheld on final adjudication (previously, had such authority when general contractors were found to have engaged in employee misclassification in violation of GS Chapter 143, Article 81). Amends GS 143-59.2(a) to provide that vendors cannot enter into contracts for goods and services with any state government entity if, within five years prior to the date of bid solicitation, the vendor has been assessed a civil penalty pursuant to GS 143-765(b) (was, cannot enter into contracts if assessed a civil penalty for violating employee misclassification regulations) within the five years prior to any bid solicitation. Amends proposed language for GS 153A-134, 160A-194, 153A-360, and 160A-420, making clarifying changes. Amends GS 96-1(b)(12) concerning the definition of employment for the purposes of the Employment Security Law, making clarifying changes and adding that service, as specified, involving delivery or distribution of newspapers or shopping news or the sale of newspapers or magazines is considered employment.

Intro. by Newton, Lee, Daniel.

GS 87, GS 95, GS 96, GS 97, GS 143, GS 153A, GS 160A

Employment and Retirement

The Daily Bulletin: 2015-04-28

LOCAL/HOUSE BILLS

H 392 (2015-2016) FAYETTEVILLE CHARTER/PWC CHANGES. Filed Mar 30 2015, AN ACT AMENDING THE CHARTER OF THE CITY OF FAYETTEVILLE TO MAKE CHANGES RELATED TO THE MEMBERSHIP AND OPERATION OF THE PUBLIC WORKS COMMISSION.

House committee substitute makes the following changes to the 2nd edition.

Amends proposed Chapter VIA as follows. Requires members of the Public Works Commission (Commission) to remain residents of Fayetteville throughout their tenure. Authorizes the Commission to extend its water system and sell water in a geographic area permitted by law; deletes the authorization to extend its electric system, sewerage system, and any other utility service system. Makes conforming changes. No longer requires a two thirds vote to impose a special assessment for any purpose related to the provision of utility services against benefitted property. Deletes the requirement that the assessment amount and terms be agreed upon by both the City Council and the Commission. Makes clarifying changes.

Intro. by Szoka, Floyd, Glazier, Lucas.

Cumberland

Public Enterprises and Utilities

The Daily Bulletin: 2015-04-28

LOCAL/SENATE BILLS

S 50 (2015-2016) Wilson County Occupancy Tax Modification. Filed Feb 9 2015, AN ACT TO INCREASE THE AUTHORIZATION FOR WILSON COUNTY TO LEVY AN OCCUPANCY TAX.

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

Deletes the content of the previous edition and replaces it with the following.

Amends Chapter 484 of the 1987 Session Laws, as amended, to allow the Wilson County Board of Commissioners to levy an additional room occupancy tax of up to 3%. Requires the county to remit the proceeds of the initial occupancy tax to the Wilson County Tourism Development Authority (Authority) monthly (was, quarterly) and requires that one-third of the proceeds of the additional occupancy tax be remitted monthly to the Authority with the remaining two-thirds remitted to the City of Wilson. Increases the amount of the funds that must be used to promote travel and tourism in the county from two thirds to seven-eights. Requires the city to use at least one-fourth of the funds remitted to it to promote travel and tourism in the county and the remainder for tourism-related expenditures in the county that have been specifically approved in advance by the Authority. Requires the city to report quarterly and at the end of the fiscal year to the Authority. Makes conforming changes.

Amends the act's short and long titles.

Intro. by Bryant.

Wilson

Government, Tax

S 101 (2015-2016) OMNIBUS LOCAL ACT (NEW). Filed Feb 19 2015, AN ACT CLARIFYING THE BOARD VOTING RULES FOR THE ELIZABETH CITY-PASQUOTANK BOARD OF EDUCATION AND TO ADD BEAUFORT, DATE, GATES AND HYDE COUNTIES TO THE LIST OF COUNTIES COVERED BY G.S. 153A-15 AND TO MAKE A CONFORMING CHANGE TO THE GASTON COUNTY BOARD OF COMMISSIONERS AND GASTON COUNTY BOARD OF EDUCATION RESULTING FROM A CHANGE IN TOWNSHIP LINES.

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

Deletes all content of the previous edition and replaces it with the following.

Amends Section 3 of Chapter 29 of the 1967 Session Laws, as amended, to clarify that the vice chairman is to preside over meetings of the Elizabeth City-Pasquotank Board of Education in the chairman's absence. Adds to and clarifies the conditions under which the chairman and vice chairman may vote.

Amends GS 153A-15 to add Beaufort, Dare, Gates, and Hyde counties to those that require the consent of the board of commissioners before land may be condemned or acquired by a unit of local government outside the county.

Changes the act's short and long title.

Intro. by Cook.

Beaufort, Dare, Gates, Hyde, Pasquotank