House amendment makes the following changes to the 2nd edition.
Amends GS 130A-221.5 to add three additional age intervals at which parent education on diabetes and its symptoms are to be discussed.
The Daily Bulletin: 2015-04-29
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The Daily Bulletin: 2015-04-29
Intro. by C. Graham. | GS 130A |
House amendment makes the following changes to the 2nd edition.
Amends GS 9-6.2 to add the requirement that the clerk of superior court give a copy of a list of persons excused from jury duty for any reason related to qualifications under GS 163-55 to the State Board of Elections for the purposes in GS 163-82.14 (concerning voter list maintenance).
Intro. by Cleveland. | GS 9 |
House committee substitute makes the following changes to the 1st edition.
Deletes previous changes to GS 115C-84.2(d), which provides parameters for local boards of education to apply in determining the opening and closing dates for public schools.
Current law requires each local board of education to have 215 calendar days in its school calendar with a minimum of 185 days or 1,025 hours of instruction covering a period of at least nine calendar months. Amends GS 115C-84.2(a)(1) to make the minimum instruction period in a calendar year consist of 1,025 hours, deleting the 185 days requirement. Provides that local boards may approve school improvement plans that include a varying number of instructional hours in instructional days occurring in different semesters of the school year, and that they may vary the number of days per instructional semester if the hours of instruction remain equivalent between semesters. Also provides that if a school board adopts a school calendar with less than 185 days of instruction that teachers, who are 10-month employees, are deemed to have been employed the equivalent of 185 days of instruction and compensated as if they had worked those days. Provides that annual leave, sick leave, workdays, holidays, salary, and longevity for teachers employed at schools with instructional calendars less than 185 days must be equivalent to those of other teachers employed for the same number of months.
Amends GS 115C-174.12(4) to authorize a local board of education that has implemented a school calendar that ends the fall semester before December 31 to administer fall exams prior to the conclusion of the semester.
Directs the Joint Legislative Education Oversight Committee (Committee) to study local school administrative units that havesuccessfullyused calendar flexibility under GS 115C-84.2 to have semester exams prior to December 31. Requires the Committee to report its findings and recommendations to the 2016 Regular Session of the 2015 General Assembly.
Intro. by Setzer. | GS 115C |
House committee substitute make the following changes to the 1st edition.
Amends proposed GS 99E-56 to also include within the statute defendants who were performing lawful and prescribed actions at any public safety agencies to which 911 calls are transferred from a primary PSAP for dispatch of approved public safety agencies. Makes clarifying changes.
Intro. by Torbett. | GS 99E |
House committee substitute makes the following changes to the 1st edition.
Amends GS 67-37 as follows. Adds that when an incident occurs in a city or town and there is no police department in that city or town, the sheriff's department or any county policy department for that county is the appropriate law enforcement agency for notification of an injury caused by an animal. Adds the requirement that any report of a domestic or wild animal bite received by a law enforcement agency be immediately forwarded to the Local Health Director for appropriate rabies control measures. Makes organizational changes to the statute.
Intro. by Warren. | GS 67 |
House amendment makes the following changes to the 2nd edition.
Amends GS 67-37 to require investigation of the reported incident within 24 hours instead of 48 hours. Allows, instead of requires, the law enforcement agency to make a written report summarizing the incident and describing the injury.
Intro. by Warren. | GS 67 |
House amendment makes the following changes to the 2nd edition.
Deletes the study requirement and makes conforming changes. Changes the act's long title.
Intro. by Malone, Saine, Faircloth, McNeill. | GS 132 |
House amendments make the following changes to the 3rd edition.
Amendment #1 deletes proposed GS 126-4(19) which required the State Human Resources Commission (Commission) to establish policies and rules governing the administration of the temporary employment service. Deletes proposed GS 126-5.1, Temporary employment service established.
Amendment #3 amends GS 126-7.1 to require the Commission to adopt rules and policies governing the priority and salary rights of State employees separated from State employment because of reduction in force who accept a position in State government requiring that they be paid a salary no higher than the maximum of the salary grade of the position accepted (was, adopt rules and policies governing the priority and salary rights of State employees separated from State employment as the result of reductions in force).
Intro. by Collins. | GS 126 |
House committee substitute makes the following changes to the 2nd edition.
Amends GS 126-7.1(e) to require that state employees be given priority in hiring when the state employee has substantially equal qualifications (was, greater qualifications) as an applicant who is not a state employee. Also amends the hiring priority in subsection (f) to the substantially equal standard in situations where the employee applies for an opening in state government or applies for a position as a result of being RIF'd (reduction in force). Rewrites subsection (g) to amend part of the definition of qualificationsused in this section from "years of applicable experience" to "years of experience."
Amends GS 126-14.2 to state that it is state policy that state departments, agencies, and institutions select the most qualified persons (was, select from the pool of qualified persons) for state government employment.
Amends GS 126-24(2a), amended in this act, to allow employee personnel files to be opened for inspection and examination by a potential state or local government supervisor, during the interview process, only with regard to performance management documents (was, with regard to performance management documents and disciplinary actions).
Intro. by Collins. | GS 126 |
House committee substitute makes the following changes to the 1st edition:
Amends GS 58-37-40(f) concerning certain North Carolina auto insurance surcharges, providing that such surcharges imposed to subsidize the losses of the NC Motor Vehicle Reinsurance Facility must be itemized and displayed to the policyholder at the time of policy issuance and renewal on the declaration page or renewal notice approved by the Commissioner of Insurance, appearing below the coverage and premium information in the exact language as specified.
Intro. by Collins. | GS 58 |
House amendment to the 2nd edition makes a clarifying change.
Intro. by Collins. | GS 58 |
House amendment makes the following changes to the 1st edition.
Deletes all proposed changes to GS 58-50-30.
Enacts new GS 58-50-31 prohibiting a health insurer from imposing on an insured as a limitation on treatment or level of coverage a co-payment for services performed by a licensed chiropractor that is higher than the co-payment imposed on the insured for services performed by a duly licensed primary care physician for a comparable, medically necessary treatment or condition.
Intro. by Burr, Jones, Hanes. | GS 58 |
House committee substitute makes the following changes to the 1st edition:
Amends the short and long titles.
Deletes all of the provisions from the previous edition and replaces it with the following.
Amends GS 18B-1001, deleting references to specified provisions of the NC Administrative Code which before deletion had the effect of only authorizing the sale of malt beverages, pursuant to on-premises malt beverage permits and off-premises malt beverage permits, when the packaging and sealing of the product was done in compliance with those specified provisions. Makes technical changes. Adds language concerning on-premises and off-premises unfortified wine permits and wine shop permits, authorizing the retail sale of unfortified wine dispensed from a tap connected to a pressurized container utilizing carbon dioxide or similar gas into a cleaned, sanitized, resealable container that is filled or refilled and sealed for consumption off the premises and that identifies the permittee and the date the container was filled or refilled (previously, authorized the retail sale of cider in a cleaned, sanitized, resealable container that is filled or refilled and sealed for consumption off the premises when in compliance with specified regulations).
Adds language that provides that the NC Alcoholic Beverage Control Commission rules regulating the retail sale of malt beverages in growlers also apply to the retail sale of unfortified wine in growlers until such time that the Commission adopts administrative rules implementing this act.
Intro. by McGrady, Jeter, West, Fisher. | GS 18B |
House committee substitute makes the following changes to the 1st edition:
Amends GS 58-70-35 concerning applications and permits to operate as a collection agency, raising the nonrefundable application fee to $1,250 from $1,000.
Intro. by Collins, Szoka, R. Moore, Jeter. | GS 58 |
House committee substitute makes the following change to the 1st edition.
Deletes all provisions of previous edition and replaces it with the following.
Establishes the 16 member North Carolina Zoning Modernization Legislative Task Force (Task Force) to make recommendations on whether to consolidate and modernize Article 19 of GS Chapter 160A and Article 18 of GS Chapter 153A, including the study of the provisions of H 548 from the 2015 Regular Session of the General Assembly. Sets out membership requirements, with eight members appointed by the Speaker of the House of Representatives and eight members appointed by the President Pro Tempore of the Senate. Requires appointment to be made by September 1, 2015, and requires the first meeting to be held on or before October 1, 2015. Requires the Task Force to report its findings and recommendations to the 2016 Regular Session of the 2015 General Assembly upon its convening and terminate the Task Force on May 1, 2016, or upon the filing of its final report, whichever occurs first.
Intro. by Stam, Bryan, Hamilton. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Amends GS 19A-71 to remove red wolves from the definition of dangerous wild animal.
Amends GS 19A-72, which prohibits allowing a member of the public from coming into direct physical contact with a dangerous wild animal, to add that members of the public do not include full time employees or supervised interns or volunteers.
Amends GS 19A-73 to add exemptions from the prohibited activities to (1) institutions accredited by the Association for Assessment and Accreditation of Laboratory Animal Care International; (2) institutions accredited or certified by the Zoological Association of America; (3) institutions holding a valid license issued by the US Department of Agriculture (USDA) pursuant to the federal Animal Welfare Act; and (4) a motion picture or television production company employing or contracting with a dealer or exhibitor licensed under section 2133 of the federal Animal Welfare Act or with a carrier, intermediate handler, or unlicensed exhibitor registered under section 2136 of the federal Animal Welfare Act for the transportation, purchase, exhibition, or use of dangerous animals in its motion picture or television production.
Amends GS 19A-74 by amending the requirements to be met for the prior possession exemption to no longer require a deductible of no more than $250 for the required liability insurance.
Intro. by McGrady, Hurley, Hardister, Saine. | GS 19A |
House committee substitute makes the following changes to the 1st edition.
Amends GS 14-269 to add that an administrative law judge who has a concealed handgun permit is exempt from the prohibition on carrying concealed handguns. Makes conforming changes to GS 14-415.27.
Amends GS 14-296.2 to remove the provision stating that no school may prohibit the concealed carry of a handgun under (k) concerning handguns in locked vehicles.
Deletes the following: (1) changes to GS 14-269.3(b), concerning handguns on the premises of the State Fairgrounds; (2) the repeal of GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1; (3) changes to GS 14-315(b1) concerning defenses; (4) new GS 14-409.41, Chief law enforcement officer certification; certain firearms; and (5) new GS 14-409.42, No prohibition regarding the transportation or storage of a firearm in locked motor vehicle by business, commercial enterprise, or employer; civil liability enforcement.
Enacts new GS 106-503.2 allowing the Commissioner of Agriculture to prohibit carrying firearms on the State Fairgrounds during the State Fair. Sets out exemptions.
Amends GS 14-415.21 to make it an infraction to carry a concealed handgun in violation of GS 14-415.11(c)(8), prohibiting concealed carry on any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. Makes conforming changes. Effective July 1, 2015.
Repeals GS 122C-54(d1) (concerning determinations or findings to be reported to the National Instant Criminal Background Check System (NICS) under the statute governing exceptions and abuse reports and court proceedings). Effective January 1, 2016.
Recodifies GS 122C-54.1 (Restoration process to remove mental commitment bar) as GS 14-409.42.
Repeals GS 14-404(c1) (transmission of information to NICS under the statute concerning refusals to issue pistol permits).
Enacts new GS 14-409.43, Reporting of certain disqualifiers to the NICS, establishing seven instances when a record of determination or finding should be transmitted to the NICS no later than 48 hours after receiving notice, including when there is a determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and dangerous to self or others and when there is a finding that an individual is not guilty by reason of insanity. Sets out reporting requirements for additional circumstances including after receiving notice of a felony warrant, indictment, or criminal summons by the Administrative Office of the Courts (AOC) or specified orders issued by a judge. Effective January 1, 2016.
Amends GS 122C-54(d2), providing that the records for involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment are accessible only by the sheriff or the sheriff's designee for the purposes of conducting background checks as specified. Deletes language which required the Administrative Office of the Courts to adopt rules concerning transmitting information to NICS.
Amends GS 14-404(a) (concerning the issuance or refusal of pistol permits) and GS 14-415.13(a) (concerning the application for a concealed handgun permit), adding language to both that provides that the required application forms pursuant to those subsections must be provided electronically by the sheriff. Effective October 1, 2015.
Amends GS 15A-502 adding new subsections that provide that it is the duty of an arresting law enforcement agency to fingerprint a person charged with the commission of specified misdemeanors, including but not limited to, GS 14-134.3 (Domestic criminal trespass), GS 20-138.1 (Impaired driving), or GS 90-95(d) (Possession of a controlled substance). Also provides that arresting law enforcement agencies are required to get as much of the specified personal identifying information as possible; such information includes given names, addresses, date of birth, gender, or race. Also requires arresting law enforcement agencies to fingerprint and forward the fingerprints to the NICS of all individuals charged with the misdemeanor offense of assault, stalking, or communicating a threat and held under GS 15A-534.1. Requires magistrates to enter all information provided by the arresting law enforcement agencies into the court information system. Makes technical and organizational changes. Effective October 1, 2015.
Directs the AOC to use funds available form the Court Technology Fund to comply with the reporting provisions found in Section 4 of the bill, as well as to provide all the specified historical records to the NICS, including active and unserved felony warrants, indictments, criminal summonses, and orders for arrest from all counties.
Amends GS 14-404(g), 14-415.3(c), and 14-415.12(c), making conforming changes.
Amends GS 122C-54.1(a), recodified by Section 2 of the act as GS 14-409.42(a), making conforming changes, effective January 1, 2016.
Amends GS 15A-534(a), making conforming changes, effective October 1, 2015.
Amends GS 14-409.40 to add that no county or municipality may regulate the taxation, manufacture, or transportation of firearms and related items. Allows a person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any county or municipality in violation of the statute to bring an action for declaratory and injunctive relief and for actual damages. Requires the court to award the prevailing plaintiff reasonable attorneys' fees and court costs. Effective December 1, 2015.
Enacts new Article 11, Preserving Firearms Privacy for Patients, in GS Chapter 90. States the General Assembly's findings and intent. Sets out and defines terms for use in the Article. Prohibits a health care provider from asking a patient or the patient's parent, guardian, or custodian to complete a written form about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition unless the patient has been adjudicated incompetent due to mental illness. Also prohibits a health care provider from disclosing to any government official or agency the response of a patient, or the patient's parent, guardian, or custodian, to verbal inquiries about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition, unless the patient has been adjudicated incompetent due to mental illness. Allows the health care provider's licensing board to impose a fine for violations of the provisions not to exceed $250 for nonwillful violations and $500 for willful violations. Also makes violations grounds for disciplinary action. Effective December 1, 2015, and applies to violations occurring on or after that date.
Amends GS 14-415.15(a) to require the sheriff to issue or deny a concealed handgun permit within 90 calendar days from the date on which the application was submitted regardless of the receipt of required records concerning the applicant's mental health or capacity. Prohibits issuing a denial unless the applicant is determined to be ineligible under GS 14-415.12. Effective October 1, 2015.
Amends GS 14-415.23 (Statewide uniformity) to allow a person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any unit of local government in violation of the statute to bring an action for declaratory and injunctive relief and for actual damages. Requires the court to award the prevailing plaintiff reasonable attorneys' fees and court costs. Effective December 1, 2015.
Amends the act's long title.
House committee substitute to the 2nd edition is to be summarized.
Intro. by Schaffer, Burr, Cleveland, Faircloth. |
House amendment makes the following changes to the 2nd edition:
Deletes proposed changes made to GS 115C-105.37B and GS 115C-105.25 in the previous edition.
Enacts GS 115C-105.37B(e), providing that organizations such as the NC School Boards Association can conduct professional development workshops in each region of the state to provide information regarding the four school reform models as set out in GS 115C-105.37B(a). Requires particular emphasis to be placed on the restart model. Directs the Department of Public Instruction to provide information and assistance as requested to the organizations conducting the workshops.
Enacts GS 115C-105.25(d), providing that organizations such as the NC School Boards Association can conduct professional development workshops in each region of the state to provide information regarding budget flexibility in regards to differentiated pay and other initiatives to improve student achievement. Directs the Department of Public Instruction to provide information and assistance as requested to the organizations conducting the workshops.
Intro. by Lambeth, Stam. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Amends each of the following statutes GS 7A-38.1, GS 7A-38.3B, GS 7A-38.3D, and GS 7A-38.4A, which govern mediated settlement conferences in superior court civil actions, mediation in matters within the jurisdiction of the clerk of superior court and the district criminal courts, and settlement procedures in district court actions, to provide mediated settlement agreements must be signed by the parties "against whom enforcement is sought." Also Amends GS 8-110, which makes statements made during mediation inadmissible in any proceeding in the action or other actions on the same claim, to provide mediated settlement agreements must be signed by the parties "against whom enforcement is sought."
Previously required in each of the preceding statutes that the settlement agreement or some memorandum or note of the agreement be reduced to writing and signed by the party to be charged.
Amends the act's long title.
House committee substitute make the following changes to the 1st edition.
Amends GS 75-63.1, Security freeze for protected consumers, which allows a consumer reporting agency to place a protected consumer security freeze (freeze), clarifying that a consumer reporting agency can place a freeze after receiving a request to do so by way of first-class mail, a telephone call, or by secure website or secure electronic mail connection. Amends the provisions concerning the charging of a reasonable fee by a consumer reporting agency for placing a freeze, providing that a reasonable fee not to exceed $5 can be charged (previously, provided for a fee not to exceed $3). Deletes language which provided that a fee could not be charged for the placement or removal of a freeze if that request was made electronically.
Expands by ten the parties to which the placement of a freeze does not stop the release of a protected consumer's consumer report, file, or additional information, including adding persons acting pursuant to a court order, warrant, or subpoena and to a person for the purpose of criminal background record information.
Amends the effective date, providing that the act is effective January 1, 2016 (was, October 1, 2015).
Intro. by Meyer, Hardister. | GS 75 |
Committee substitute to the 1st edition is to be summarized.
Intro. by Reives. |
House committee substitute makes the following changes to the 1st edition.
Amends GS 75-41 to require people (was, people, firms, or corporations), engaged in commerce selling, leasing, or offering to sell any type of products or services pursuant to a contract that automatically renews without cancellation, to do the following three things: (1) disclose the automatic renewal clause clearly and conspicuously in the contract or contract offer; (2) disclose clearly and conspicuously how to cancel the contract in the initial contract, contract offer, or with delivery of products or services; and (3) for automatic renewal exceeding 30 days, provide written notice to the consumer by personal delivery, electronic mail, or first-class mail at least 15 days, but no earlier than 30 days, before the date the contract is to be automatically renewed and include information concerning the date the contract will automatically renew without consumer cancellation. Makes organizational, technical, and clarifying changes. Adds language that provides that this section does not apply to any entity that is subject to regulation by the Federal Communications Commission or by the NC Utilities Commission. Also exempts entities doing business directly or through a franchise, license, certificate, or other authorization issued by a political subdivision of the state from regulation under this section.
Intro. by Jackson. | GS 75 |
The committee substitute to the 1st edition is to be summarized.
Intro. by S. Ross. |
House amendment makes the following changes to the 2nd edition:
Directs the State Board of Education to contract with a private, nonprofit corporation to administer the provisions of this act by October 1, 2015 (was, August 1, 2015).
Requires the nonprofit corporation contracting with the State Board of Education to, by November 1, 2015 (was, October 1, 2015), issue requests for proposals from local boards of education for local initiatives designed to develop advanced teaching role prototypes. Amends the specified criteria that are to be included in submitted letters of intent by the local board of education, including amending the language that provides that a classroom teacher is required to be rated as "highly effective" and how that rating is calculated. Also amends the provisions and standards by which teachers are rated in regards to teachers serving in advanced roles receiving an additional 3% salary.
Adds language providing that local school administrative units can also use grant funds to provide salary supplements or to implement other elements of their advanced teaching role plans. Amends other provisions concerning the use of funds, deleting language that provided that allocated funds cannot be used by local school administrative units to pay salary supplements. Adds a requirement that participating local school administrative units must commit to full implementation of the program in 35% of schools (was, 50%) in the unit by the 2018-19 school year. Also provides that they must submit a plan showing the schedule for full implementation in at least 55% of schools by the 2019-20 school year (was, 75% of schools).
Directs the nonprofit corporation to evaluate the program and include feedback from participating teachers and principals and other affected organizations as determined by the State Board of Education in its submitted recommendations to the General Assembly.
Intro. by Horn, Bryan, Langdon, Lucas. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Amends GS 7B-505.1 to add that when placing a juvenile in nonsecure custody of a county department of social services, the court may allow the director to consent to a Child Medical Evaluation upon written findings that demonstrate the director's compelling interest in having the juvenile evaluated before the require hearing. Makes conforming, clarifying, and technical changes.
Amends GS 7B-903(d) to provide that subject to GS 7B-903.1, if the court finds the juvenile to be in need of medical, surgical, psychiatric, psychological, or other treatment (no longer requires the juvenile to not be in the custody of the department of social services), the court must allow the parent or other responsible persons to arrange for treatment.
Amends GS 7B-906.2 to require that reunification remain a primary or secondary permanent plan unless the court made findings under GS 7B-901(c) or makes written findings that reunification efforts clearly would be futile or would be inconsistent with the juvenile's health or safety.
Amends GS 7B-1001 by no longer deleting the provision concerning the ability to appeal an order entered into under GS 7B-507(c). Instead, allows the appeal of an order entered under GS 7B-906.2(b), concerning concurrent permanent plans (was, entered under GS 7B-507(c)) and requires the Court of Appeals to review the order eliminating reunification as a permanent plan along with an appeal of the termination of parental rights order if all of the specified conditions apply.
Adds a section to the act amending GS 7B-906.1 to make conforming changes.
House committee substitute makes the following changes to the 1st edition.
Amends the long title.
Deletes all of the provisions from the previous edition and replaces it with the following.
Amends GS 138A-3(15), concerning the definition of gift under the State Ethics Act, adding a new subdivision (g) providing that campaign contributions properly received and reported under federal law are not considered gifts.
Amends GS 138A-3(30)b, concerning the definition for public servants, providing that employees of the Office of the Lieutenant Governor are considered public servants under the State Ethics Act.
Amends GS 138A-12(k), concerning inquiries by the State Ethics Commission, and GS 120C-200, concerning lobbyist registration procedures, making technical and clarifying changes.
Amends GS 120C-601, concerning the powers and duties of the State Ethics Commission, providing that the Commission or the Secretary of State can utilize a hired investigator when conducting investigations.
House committee substitute makes the following changes to the 1st edition.
Deletes proposed changes to GS 15A-1465(a) and GS 15A-1466.
Amends GS 15A-1475 to require the North Carolina Innocence Inquiry Commission (Commission) to submit a semi-annual report to the Director of the Administrative Office of the Courts with data on the Commission's operations, expenses, and needs.
Amends GS 15A-1467 to remove proposed (c1) concerning rights of co-defendants when a formal inquiry is granted. Also amends proposed (h) to no loner specify that the confidential case status update for each case in formal inquiry include a summary of the actions taken since the last update.
Amends GS 15A-1468 as follows. Requires that the written statement the District Attorney gives to the Commission be part of the record and no longer requires that the statement convey his or her position on the case. Requires the record in support of an opinion to also be filed when a case is referred to the senior resident superior court judge. Also reinstates the requirement that the Commission document the opinion that there is insufficient evidence of factual innocence to merit judicial review, along with supporting findings of fact, and file those documents and supporting materials with the clerk of superior court (was, Commission must file only the opinion with supporting findings of fact). Makes clarifying changes. No longer deletes the provision in (d) requiring disclosure of evidence favorable to the convicted person. Requires that the supporting records for the Commission's conclusion that there is sufficient evidence of factual innocence to merit judicial review, including all files and material considered by the Commission and a full transcript of the hearing, be public when filed with the superior court. Deletes proposed language requiring one copy of the Commission file, excluding documents protected by a protective order, be disclosed to the parties after completion of formal inquiry or upon becoming available in an uncertified form. Adds that all files and records not filed with the clerk of superior court or presented at the hearings are confidential and exempt from the public record. Requires the Commission to make a copy of the entire fire available to the district attorney and defense counsel upon completion of the hearing. Provides that the file remains confidential and may not be released by the district attorney or defense counsel until filed with the clerk of superior court. Allows the district attorney and defense counsel to determine which evidence, if any, will be presented to the three-judge panel.
Adds a section amending GS 15A-1471 to give the Commission the authority, when requested, to search any location where files or evidence are reasonably likely to be stored in relation to a claim subject to the Commission's inquiry. Sets out additional procedural requirements for such a search.
Intro. by Glazier, Daughtry, Stam. | GS 15A |
House amendment makes the following changes to the 1st edition.
Amends GS 162-16 to add that nothing in the statute requires a sheriff or coroner to execute a judgment where the sheriff or coroner has knowledge that the property to be sold to satisfy the judgment is exempt from execution under Article 16 of GS Chapter 1C, and has been so indicated on the writ of execution.
The committee substitute to the 2nd edition is to be summarized.
Intro. by C. Graham, Pierce. |
House amendments make the following changes to the 1st edition.
Amendment #1 prohibits charging tuition to participating students enrolled in remediation courses at South Piedmont Community College associated with the pilot.
Amendment #2 adds that nothing in the act requires the General Assembly to appropriate funds to implement the act. Provides that Section 1 of the act, establishing the pilot project, becomes effective only if funds are approved for the pilot project in the 2015 budget.
House amendment makes the following changes to the 2nd edition.
Deletes changes to GS 62-3(27a), which expanded the meaning of renewable resources for the purposes of this section.
Deletes changes to GS 62-156 regarding power sales by small power producers to public utilities.
Provides updated Renewable Energy and Energy Efficiency Portfolio Standards (REPS) for electric public utilities, amending GS 62-133.8(b)(1) to require each electric public utility in the state to be subject to a REPS according to the schedule determined for calendar year 2015. Sets the REPS requirement at 6% of 2014 North Carolina retail sales for 2015 and thereafter, and deletes the increases scheduled for 2018, 2021, and thereafter. Amends GS 62-133.8(c)(1) to apply the same requirements to REPS for electric membership corporations and municipalities.
Deletes requirement that the Energy Policy Council study the costs and benefits to the electrical grid of distributed generations and report to the Joint Legislative Commission on Governmental Operations and the North Carolina Utilities Commission.
Repeals GS 105-275(45), which provided a property tax exclusion for solar energy systems. Effective for taxable years beginning on or after July 1, 2015.
Amends GS 62-133.8(b)(2)c to provide that an electric utility subject to the provisions of this subsection may meet up to 50% (was, up to 25%) of the requirements of this section through savings due to implementing energy efficiency measures. Effective July 1, 2015.
Deletes Section 3B.2.(b) regarding recovery of incremental costs incurred by an electric power supplier prior to July 1, 2015. Provides that incremental costs incurred by an electric power supplier prior to July 1, 2015, in complying with any requirement repealed or amended by this Part may be recovered as provided in GS 62-133.8(h), as amended by this Part. Identifies costs that may be recovered under this act.
Creates the 12-member Joint Select Committee on the Long Term Energy Needs of the State. Provides that six members are to be appointed by the Speaker of the House of Representatives and that six members are to be appointed by the President Pro Tempore of the Senate, with vacancies to be filled by the appointing authority. Provides additional specifications regarding the operation of the Committee. Directs the Committee to study reforms to the REPS requirements under GS 62-133.8 and any other matter related to the long-term energy needs of the state the Committee deems appropriate.
House committee substitute makes the following changes to the 1st edition.
Amends GS 15-190 as follows. Provides that the definition of medical professional other than a physician is for the purposes of the statute, not the entire Article. Amends that definition to add emergency medical technician, to replace advanced degree nurse with nurse practitioner, and to remove references to being certified (retaining requirements of licensing or credentialing).
Amends GS 150B-1(d)(6) to exempt the Division of Adult Correction (Division) of the Department of Public Safety from rulemaking with respect to matters related to executions. Amends GS 150B-1(e) to exempt the Division from contested case provisions with respect to matters relating to executions.
House amendment makes the following changes to the 2nd edition.
Amends GS 15-187 to require any person sentenced to death to be executed in accordance with GS 15-188, Manner and place of execution, and the remainder of Article 19 (was, executed only by the administration of a lethal quantity of an ultrashort acting barbiturate in combination with a chemical paralytic agent).
Amends GS 132-1.2 to add that nothing in GS Chapter 132 is to be construed to require or authorize a public agency or its subdivision to disclose any information that reveals the name, address, qualifications, and other identifying information of any person or entity that manufactures, compounds, prepares, prescribes, dispenses, supplies, or administers the drugs or supplies obtained for any purposes authorized by Article 19 (Execution) of GS Chapter 15.
House amendments make the following changes to the 2nd edition.
Amendment #1
Amends GS 143-215.22L(d), providing clarifying language that except as provided in the subsection, the definitions set out in GS 113A-9 apply to this section. Also adds language that provides, notwithstanding the thresholds for significant expenditure of public monies or use of public land set forth in GS 113A-9, the Department of Environment and Natural Resources will conduct a study of the environmental impacts of any proposed transfer of water for which a certificate is required.
Amendment #2
Amends proposed GS 113A-9(7a), the definition for significant expenditure of public moneys, providing that the term means expenditures of public funds greater than $10 million for a single project (was, $20 million).
Amendment #3
Amends proposed GS 113A-9(11), the definition for use of public land, providing that the term means activity that affects more than five acres of upland property which results in changes in the natural cover or topography of those lands or activity that would be inconsistent with the approved management plan for a state park (previously, term meant land-disturbing activity of greater than 20 acres resulting in substantial, permanent changes in the natural cover or topography).
Amendment #4
Amends GS 159G-38, deleting all the changes made to the section in the previous edition. Deletes all the substantive provisions of subsections (a) and (b), adding language that establishes an environmental assessment process, requiring the Division of Water Infrastructure to establish an environmental assessment process for CWSRF and DWSRF funded projects sufficient to meet federal environmental assessment requirements.
House committee substitute makes the following changes to the 1st edition.
Deletes all of the provisions of the previous edition:
Amends GS 90-351, making a clarifying change.
Amends GS 90-352 making technical changes and to add and define new terms including ACEND, certified nutrition specialist, diplomate of the American Clinical Board of Nutrition, medical nutrition therapy, nutrition, registered dietitian nutritionist, and telepractice. Amends the definition of nutrition care services.
Amends the membership of the NC Board of Dietetics/Nutrition (Board) as follows, requiring (1) three members to be dietitians/nutritionists, (2) two members to be nutritionists, (3) one member to be a physician, and (4) one member to represent the public at large. Amends the qualification requirements of the members above as specified, including requiring that the licensed physician member of the Board be a citizen of the United States and a resident of North Carolina.
Amends GS 90-354, concerning the appointment and removal of the above Board members, providing that the Governor will appoint one licensed dietitian/nutritionist as specified, the licensed physician, and the public member (previously appointed the professional member and two public members). Provides that the Speaker of the House and the President Pro Tempore each will appoint one licensed dietitian/nutritionist and one licensed nutritionist, with qualification requirements as specified. Adds language providing that members appointed prior to July 1, 2015, must continue to serve until their terms expire and they are not reappointed, so long as, beginning July 1, 2015, two members on the Board are licensed nutritionists as required.
Amends GS 90-356, concerning the powers and responsibility of the Board, making technical changes and providing that as of July 1, 2015, no rule making can be performed by the Board until two licensed nutritionists are appointed. Also adds the requirement that the Board publish and make publicly available the records of any Board action that resulted in disciplinary action or criminal action by the State.
Repeals GS 90-357, requirements for licensing as a dietitian/nutritionist.
Enacts GS 90-357.5, License requirements, setting out procedures and application requirements for applicants to become licensed as a dietitian/nutritionist, including criteria that must be met to qualify for the license, such as specified educational, supervised practice experience, and examination requirements. Also sets out procedures and application requirements for applicants to become licensed as a nutritionist, including specified educational, supervised practice experience, and examination requirements and criteria that must be met, such as successful completion of the examination administered by the Board for Certification of Nutrition Specialists or another approved examination.
Amends GS 90-359, concerning competency examinations, providing that the examinations from the Board for Certification of Nutrition Specialists and the American Clinical Board of Nutrition are approved to be given to qualified applicants for licensing.
Amends GS 90-360, concerning the granting of licenses without examination, providing that licenses can be granted for dietitians/nutritionists or nutritionists to individuals that have met the examination requirements of GS 90-359 and hold a valid license or certification form another state or territory (previously, a license to be a dietitian/nutritionist could be granted in North Carolina without meeting any examination requirements if the person holds a valid license to be a licensed dietitian/nutritionist from another state or territory).
Amends GS 90-361, concerning provisional licenses, making conforming and technical changes.
Amends GS 90-363, concerning the suspension, revocation, and refusal to renew licenses, making clarifying, conforming and technical changes.
Amends GS 90-365 to make it illegal to practice medical nutrition therapy without a license. Also provides that without a license you cannot use the title "dietitian/nutritionist" or "nutritionist," use the words "licensed nutritionist" alone, or hold oneself out as a dietitian or nutritionist. Makes technical changes and conforming changes. Adds new subsection (b) setting out provisions which highlight the permissive uses of titles and designations by specified licensed individuals. Effective October 1, 2015, applying to acts committed on or after that date.
Amends GS 90-368 concerning the applicability of the provisions of this Article, making clarifying and technical changes. Also adds language that provides that the provisions do not apply to individuals who provide nutrition services without pay to family members and those that provide specified nutrition information and guidance that does not constitute medical nutrition therapy, provided they do not hold themselves out as one of the specified licensed professionals.
Enacts GS 90-371, Enteral and parenteral nutrition therapy, providing that enteral and parenteral nutrition therapy consist of enteral feedings or specialized intravenous solutions and can only be ordered by an individual licensed as specified that meets specified criteria. Adds clarifying language concerning the ordering of therapeutic diets.
Amends the act's long title.
Intro. by B. Brown. | GS 90 |
House amendment makes the following changes to the 1st edition.
Amends GS 143C-2-5(b) to allow the review of state contracts and grants administered by the entity to be conducted by a designee and requires the review be conducted quarterly instead of monthly.
Intro. by Riddell. | GS 143C |
House committee substitute makes the following changes to the 1st edition.
Deletes all contents of the previous edition and replaces it with the following.
Directs the Legislative Research Commission (LRC) to study the needs of working caregivers that may include 12 specified issues, including the needs of working caregivers, family responsibility discrimination encountered by working caregivers, leave policies for working caregivers, and employer responses to the needs of working caregivers. Requires the LRC to report any findings and recommendations to the 2016 Regular Session of the 2015 General Assembly.
Intro. by Turner, Meyer. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Amends GS 58-50-315 to add that nothing in the Part is to be construed to impact an insurers' ability to substitute a generic drug for a name brand drug.
Makes clarifying and technical changes throughout.
Changes the effective date of the act from October 1, 2015, to January 1, 2016.
Intro. by Lewis, Wray. | GS 58 |
House amendment makes the following changes to the 3rd edition.
Amends proposed GS 115-6, Parents' fundamental rights, adding clarifying language providing that nothing in this section can be construed to create any additional rights or impose any additional obligations than otherwise exist under federal and state law.
House amendment to the 2nd edition provides that the provisions of this act apply to actions for summary ejectment filed on or after October 1, 2015, the date the act becomes effective.
House committee substitute makes the following changes to the 1st edition.
Amends new subsection (b) in GS 42-28 (Summons issued by clerk) to provide that in counties with a population of 200,000 or more (was, with a population of 100,000 or more) as of the most recent 10-year federal census, after the summons is issued by the clerk pursuant to a claim by the landlord-plaintiff (plaintiff) under GS 42-26 or 42-27, the plaintiff may choose to either have the clerk return the summons to the plaintiff or forward it to the sheriff for service.
Amends new subsection (b) to GS 42-29 (Service of summons) toprovide that in counties with a population of 200,000 or more (was, 100,000 or more) as of the most recent 10-year federal census, andonly with respect to service for summary ejectment proceedings, process server(was, officer) means any person over the age of 21 who is not a party to the action, related by blood or marriage to any party to the action or to a person upon whom service is to be made, and who is hired by the plaintiff or the plaintiff's agent or attorney to serve the summons and complaint for summary ejectment. Clarifies that officermeans the sheriff of the county where the property is situated (was, provided that officerencompassed both meanings).
Enacts new subsection (c) to GS 42-29 (Service of summons) toprovide that in counties with a population of 200,000 or more as of the most recent 10-year federal census, andonly with respect to service for summary ejectment proceedings, proper service on a defendant may be made by a process server by mailing a copy of the summons and the signed complaint to the defendant. Specifies timelines and other requirements for proper service by mail. Requires that the process server show compliance with the proper service requirements in the form of an affidavit for service setting forth the time, place, and manner by which the service requirements were met.
Makes a conforming change to the bill's long title.
House committee substitute makes the following changes to the 1st edition.
Amends GS 18B-101, definitions concerning the regulation of alcoholic beverages, amending the definition for antique spirituous liquor, providing that it is a spirituous liquor that has not been (1) in production or bottled in the last 20 years, (2) is in the original manufacturer's unopened container, (3) is not owned by a distillery, and (4) is not otherwise available for purchase by an ABC Board except through special order. Also adds and defines the term antique spirituous liquor seller.
Amends proposed GS 18B-1001(20), concerning antique spirituous liquor permits, providing that acquisition of antique spirituous liquor, after September 1, 2015 (was, August 1, 2015), must be in accordance with the process established by the ABC Commission. Deletes language that required a complete inventory of the antique spirituous liquor in possession of an applicant for initial and renewal applications for a permit. Also deletes language which provided that permit holders are solely liable for violations occurring in connection with the sale of antique spirituous liquor and that required the ABC Commission to adopt rules concerning ownership and safety rules and standards.
Amends GS 18B-804 to require the sale price of spirituous liquor sold at the uniform state price to include the antique spirituous liquor seller's price (previously, required the price of antique spirituous liquor to include the price paid by the Alcoholic Beverage Control Commission to purchase the liquor).
Amends GS 105-113.80 to specify that spriituous liquor and antique spirituous liquor are subject to the 30% excise tax.
Requires the ABC Commission to establish and adopt temporary rules to implement the provisions of this act by September 1, 2015 (was, August 1, 2015).
Deletes provisions that provided that a person that has a permit and has paid the excise tax to sell any antique spirituous liquor in his or her possession before or on the effective date of this act, or acquired by bequest or inheritance after the effective date of this act.
House committee substitute makes the following changes to the 1st edition:
Amends the long title.
Deletes proposed changes made to GS 20-16.3(d) concerning the use of numeric results of an alcohol screening test.
Amends GS 143B-927, concerning the personnel of the State Bureau of Investigation (Bureau), providing that any reserve agents hired by the Director will be considered employees of the Bureau for the purposes of any workers' compensation claim arising from the performance of the reserve agent's assigned duties.
Deletes language which provided for an appropriation from the General Fund to the Department of Public Safety for 2015-16 for salary increases for specified members of the State Highway Patrol.
Repeals GS 106-145.13, Submittal of reports by wholesale distributors of transactions involving pseudoephedrine products.
Makes conforming changes to the effective date provisions.
The Daily Bulletin: 2015-04-29
Senate amendment makes the following changes to the 2nd edition.
Deletes GS 66-71.4(c) which provided that a limited liability partnership, limited partnership, limited liability company, or corporation engaging in business under its real name with the legal entity designation omitted, was not required to file an assumed business name certificate.
Senate committee substitute makes the following changes to the 1st edition.
Enacts new GS 143-48.6 making personal services contracts for executive branch agencies subject to the same requirements and procedures as service contracts. Defines personal services contract.
Enacts new GS 147-33.105, making information technology personal services contracts for executive branch agencies subject to the same requirements and procedures as information technology service contracts. Requires written approval from the Office of Information Technology Services (OITS) and the Office of Budget and Management for the establishment or renewal of information technology personal services contracts and contracts that provide personnel to perform information technology functions regardless of the cost of the contract. Sets out OITS documentation requirements. Requires review of current information technology personal services contracts on an ongoing basis to determine if each contractor is performing a function that could more appropriately be performed by a state employee. Requires OITS to work with the Office of State Personnel to identify or create a position when it is determined that a state employee should be performing the function. Requires OITS to conduct audits of state agencies subject to the Article. Requires OITS to report biennially to the Joint Legislative Oversight Committee on Information Technology and Fiscal Research Division on three specified topics concerning information technology personal services contracts, information technology service contracts, and compliance audits.
Requires personal services contracts and information technology personal services contracts in effect on the effective date of this act to be allowed to expire. Requires a personal services contract or an information technology personal services contract that can be terminated at any time to be reviewed within 60 days of the effective date of this act and be continued only if the contract complies with the requirements of GS 143-48.6 and GS 147-33.105, as enacted by this act. Requires a personal services contract or information technology personal services contract entered into after the effective date of this act to comply with the requirements of GS 143-48.6 or GS 147-33.105.
Repeals GS 143-64.70, concerning reporting requirements for personal services contracts.
Amends proposed GS 126-6.3 to allow the Director of the Office of State Human Resources to create exceptions, in writing, to the requirement of using the Temporary Solutions Program when doing so would be in the state's best interest. Deletes the provision excluding the University of North Carolina from the definition of a state agency under the statute.
Changes the act's short and long titles.
Senate amendment makes the following changes to the 3rd edition.
Amends GS 115C-521 to require that a change order be submitted to the superintendent. Adds that it is up to the superintendent to determine the risk of increased cost.
Intro. by Tillman. | GS 115C |
Senate amendment makes the following changes to the 3rd edition.
Amends GS 14-33.3 to delete the proposed definition of the term employee and instead define employee as having the same meaning as in GS 14-33(c)(6)b. Adds that employee includes a volunteer as defined in GS 14-33(c)(6)b.3.
Intro. by Tillman. | GS 14 |
Senate amendment makes the following change to the 2nd edition.
Amends GS 20-141.4(a4)(4) to provide that three or more prior convictions for violating any state law or local law applying to the operation or use of a vehicle or to the regulation of traffic within five years (was, seven years) of unintentionally causing the death by vehicle of another person, is an element of the offense of Aggravated Misdemeanor Death by Vehicle.
Intro. by Bingham. | GS 20 |
Senate committee substitute makes the following changes to the 1st edition:
Amends the short and long titles.
Requires the Department of Transportation (DOT) to study ways to fund improvements to Interstate highways in North Carolina (previously, study was limited to Interstate 95, from the South Carolina to Virginia borders).
Intro. by Rabon, Meredith, Clark. | STUDY |
Senate amendments make the following changes to the 2nd edition.
Amendment #1
Amends GS 115C-218.5(f) concerning material revision of a charter school application, adding language that provides that it is not a material revision to expand to offer one grade higher if the charter has operated for at least three years and is not identified as having inadequate performance pursuant to GS 115C-218.95(b) and has been in financial compliance as required by the State Board of Education (previously, did not include the provision concerning financial compliance).
Amendment #2
Enacts GS 115C-218.1(d), concerning charter school applications, providing that, as part of the application review process, the State Board of Education (Board) and the NC Charter Schools Advisory Board are required to evaluate charter school applications based on the content and substance of the application as well as provide timely notification to an applicant concerning any formatting issues or incomplete information regarding the application. Requires at least a five business day window for applicants to correct such issues. Also requires the NC Charter School Advisory Board to allow an applicant at least 10 minutes to address the advisory board prior to any final vote on an application.
Amends GS 115C-218.5, concerning final approval of charter school applications, adding language that requires the State Board of Education to give equal consideration to all applications that were previously denied for being incomplete.
Intro. by Tillman. | GS 115C |
Senate amendment makes the following changes to the 3rd edition.
Amends the effective date provision to add that the act applies to acts occurring an offenses committed on or after July 1, 2015.
Senate amendment makes the following changes to the 2nd edition.
Amends GS 15A-534, Procedure for determining conditions of pretrial release, providing that no surety can be held liable for a bond posted for any charge for more than 36 months from the date of execution (previously, did not specify that the 36 months was from the date of execution). Also requires the surety to give written notice to the district attorney and attorney for the local school board within 90 days of the end of the 36 months or 60 days written notice at any time after the 36 months (previously, did not provide for the 90-day written notice or 60-day written notice after 36 months).
Amends GS 15A-544.5 concerning set aside forfeiture, deleting proposed changes to (b)(7), which provided that the setting aside of forfeiture is appropriate at any time between a failure to appear and the final judgment date when specified conditions are met. Amends subsection (c), making a clarifying change. Also provides that the court cannot set aside a bond that is prohibited from being set aside as provided in GS 15A-544.4(f) [previously, clerk could not set aside bond forfeited pursuant to GS 15A-544.5(f)].
Amends GS 15A-544.7(d), making a clarifying change, inserting the words "bail bondsmen" for "bondsman." Also provides that no bail bondsman or runner, as defined in GS 58-71-1, whose name appears on a bond or bond forfeiture notice that results in a final judgment can sign any bond for any surety until the judgment is satisfied in full (was, no bondsman whose name appears on a bond or bond forfeiture notice that results in a final judgment can sign any bond for any surety until the judgment is satisfied in full).
Amends GS 58-71-80, concerning license renewal, suspension, denial, or revocation for bail bondsmen and runners, providing that the Commissioner of Insurance (Commissioner) can deny, place on probation, suspend, revoke, or refuse to renew licenses for failure to pay state and federal income tax or any liens arising from such failure to pay after a final judgment or order (previously, did not allow such action for failure to pay federal taxes or any liens, and only allowed the action after a judgment finding the failure to pay state taxes was willful). Also adds language that allows the Commissioner to retain authority to enforce the provisions of any penalty or remedy authorized under this Chapter for violations of the included provisions. Sets out provisions and procedures by which the Commissioner can order summary suspension of a license upon a written finding of good cause to believe that the public health, safety, or welfare requires emergency action or poses a significant risk of unsatisfied bond forfeitures.
Senate amendment makes the following changes to the 1st edition.
Renumbers proposed GS 103-14 as GS 103-15.
Senate committee substitute makes the following changes to the 1st edition:
Amends the definition for establishment that processes and donates deer found in proposed GS 130A-247(4), providing that it means an establishment that processes and donates white-tailed deer to nonprofit organizations for use as human food (previously, also included fallow and red deer in the definition).
Amends GS 130A-249 concerning the annual inspection of establishments that process and donate deer, providing that the Secretary of Health and Human Services can establish a fee to offset the costs of the inspection program.
Intro. by Hartsell. | GS 130A |
Senate committee substitute makes the following changes to the 1st edition.
Amends the definition of autonomous vehicle for the purposes of the act, providing that it means a vehicle capable of operating in a full automation mode as that mode is defined by the Society of Automotive Engineers standard as specified (previously, definition provided that the term autonomous vehicle technology means technology that is installed on a motor vehicle that has the capability to drive the motor vehicle without the active control or monitoring of a human operator).
Intro. by Meredith, Rabon. | STUDY |
Senate amendment makes the following changes to the 2nd edition:
Amends proposed GS 113-291.6(d2) concerning the allowed operation of conibear-type traps, providing that conibear-type traps set with bait can be set on dry land only within an approved enclosure (previously, provided that conibear type traps with bait and an inside jaw spread or opening greater than 5 1/2 inches and no more than 7 1/2 inches can be set on dry land only under specified restrictions). Amends the requirements for the above specified allowed conibear-type traps, deleting language that previously provided that the top surface of the enclosure entrance of the trap must include an overhang such that the trigger recess distance and the overhang distance are no less than 12 inches in combination. Deletes all of the provisions of proposed subsection (d3), replacing it with language that provides that conibear-type traps set without an enclosure and without bait can be set on dry land. Also adds that on private lands, baited traps without an enclosure can be set in buildings and structures or as authorized by a depredation permit issued by the NC Wildlife Resources Commission.
Amends GS 113-270.5(a), making a clarifying change.
Intro. by Sanderson, B. Jackson. | GS 113 |
Senate committee substitute make the following changes to the 1st edition.
Amends GS 136-44.50 to add that the Department of Transportation must defend, indemnify, and hold harmless the Wilmington Urban Area Metropolitan Planning Organization and its members against any claims, civil actions, and proceedings related to and arising out of the organization's adoption, filing, or amendment of a transportation corridor official map. Effective when the act becomes law and applies to maps filed, adopted, or amended before that date.
Changes the long title.
Intro. by Lee. | GS 136 |
Senate amendments make the following changes to the 2nd edition.
Amendment #1 amends the powers and duties of the Employee Classification Division (established in this act, within the Office of State Budget and Management) to provide that it is a duty of the Division to refer contested penalty assessments to the Industrial Commission (was, to the Office of Administrative Hearings) for an in-person hearing.
Amendment #2 makes the following changes.
Amends GS 87-23 to condition the State Board of Examiners of Plumbing, Housing, and Fire Sprinkler Contractors' authority to revoke or suspend the license of, or order the reprimand or probation of, any plumbing, heating, or fire sprinkler contractor on whether a penalty was imposed pursuant to GS 143-765(b), as enacted in this act, that has been upheld on final adjudication. Also adds a new subsection (d) to GS 87-23 to provide that the Board may conduct audits of pay and project records of licensee firms in furtherance of Article 2 of GS Chapter 87 or the Employee Fair Classification Act, Article 81 of GS Chapter 143.
Amends GS 87-42 to provide that the State Board of Examiners of Electrical Contractors (Electrical Board) may conduct audits of pay and project records of licensee firms in furtherance of Article 4 of GS Chapter 87 of the Employee Fair Classification Act, Article 81 of GS Chapter 143.
Amends GS 87-47(a1) to add as an activity prohibited by the enforcement authority of the Electrical Board engaging in employee misclassification in violation of GS 143-765(b), as enacted in this act.
Senate committee substitute makes the following changes to the 1st edition.
Amends new GS 132-12, reformatting the statute into three subsections, (a), (b), and (c). Adds new content in subsections (b) and (c). Clarifies that the provisions of this section apply to a sworn law enforcement officer employed by a local unit of government. Provides that for the purposes of this statute, the office of the sheriff is the employer of a sworn law enforcement officer who is employed by a county, and the office of of the chief of police is the employer of a sworn law enforcement officer who is employed by a municipality. Provides that nothing in this section increases, decreases, or otherwise changes the application of GS 132-1.10 (Social security numbers and other personal identifying information) with regard to information contained on documents recorded or filed in the official records of the register of deeds, the Department of Secretary of State, or of the courts.
Intro. by McKissick. | GS 132 |
The Daily Bulletin: 2015-04-29
The committee substitute to the 1st edition is to be summarized.
Intro. by Jordan. |
The Daily Bulletin: 2015-04-29
Senate committee substitute makes the following changes to the 1st edition:
Adds language that provides that live foxes taken pursuant to this act cannot be bought or sold.
Amends the effective date, providing that the act is effective October 1, 2015, and expires September 30, 2017 (previously, act was effective when it became law).
Intro. by Sanderson. | Carteret |
Actions on Bills: 2015-04-29
H 4: CLARIFY UNMANNED AIRCRAFT SYSTEM LAW.
H 20: RURAL ACCESS TO HEALTH CARE ACT (NEW)
H 56: STATE HEALTH PLAN/REHIRED RETIREE ELIGIBILITY.
H 74: STUDY MPO/RPO OVERSIGHT.
H 100: LOCAL GOVERNMENT IMMIGRATION COMPLIANCE (NEW).
H 126: MORTGAGE ORIGINATION SUPPORT REGISTRATION.
H 135: MODERNIZE PHYSICAL THERAPY PRACTICE.
H 136: RECALL RETIRED BUSINESS COURT JUDGE. (NEW)
H 141: STORMWATER/FLOOD CONTROL ACTIVITIES.
H 142: REQUIRE SAFETY HELMETS / UNDER 21.
H 148: INSURANCE REQUIRED FOR MOPEDS. (NEW)
H 164: SCHOOL CALENDAR FLEXIBILITY.
H 196: DOI LICENSE PROCESSING FEES.
H 238: DUTY-FREE TIME/LUNCH FOR TEACHERS.
H 248: ELIMINATE NC FINAL EXAM.
H 290: PROHIBIT POWDERED ALCOHOL.
H 341: CONTROLLED SUBSTANCES/NBOME & OTHER DRUGS.
H 352: STANDARD OF PROOF/PUBLIC SAFETY DISPATCHERS.
H 361: Principle-Based Reserving/Revise Ins. Laws
H 429: AMEND MED. MAL. HEALTH CARE PROVIDER DEFIN.
H 446: AMEND STATUTES GOVERNING BAIL BONDSMEN.
H 460: REPORTING OF ANIMAL INCIDENTS.
H 476: DRIVERS LICENSE DONATION/DONATE LIFE NC.
H 477: LEO PRIVACY PROTECTION.
H 483: LAND USE REGULATORY CHANGES.
H 495: OSHR MODERNIZATION/TECHNICAL CHANGES.
H 496: SURCHARGE TRANSPARENCY.
H 502: CREATE CHAIN OF SURVIVAL TASK FORCE.
H 528: ESTABLISH CHIROPRACTOR CO-PAY PARITY.
H 529: NC DRIVERS LICENSE RESTORATION ACT.
H 532: WC/TRUCK DRIVER STATUS.
H 541: PROOF REQUIRED FOR DEBT/FEES.
H 548: CONFORMING CHANGES/CONSTITUTIONAL AMEND. (NEW)
H 554: PROTECT PUBLIC FROM DANGEROUS WILD ANIMALS.
H 562: AMEND FIREARM LAWS.
H 564: EXEMPT MOTORCOACH MANUFACTURER & DISTRIBUTOR.
H 565: THREATEN LEO OR CORRECTIONAL OFFICER.
H 567: NC CEMETERY ACT CHANGES. (NEW)
H 569: RURAL COUNTY DEV. FUNDS FOR ROAD CONST.
H 570: FACILITATE SUCCESSFUL REENTRY.
H 581: COMPUTER CODING COURSE ELECTIVE.
H 587: SCHOOL FLEXIBILITY ACT.
H 597: MEDIATED SETTLEMENT AGREEMENTS.
H 601: SALE OF DEER SKINS.
H 607: ALLOW PROTECTED CONSUMER SECURITY FREEZES.
H 616: LOCAL GOVERNMENTAL EMPLOYEES' RETIRE. COLA.
H 626: AMEND PROP DAMAGE OFFENSES.
H 631: NOTICE BEFORE AUTOMATIC CONTRACT RENEWAL.
H 640: OUTDOOR HERITAGE ACT.
H 641: AMEND BAIL BONDSMEN STATUTES.
H 649: AMEND CORP. GOV/SHAREHOLDER DERIVATIVE SUITS.
H 651: APPRAISAL BD. RECORDKEEPING & BKGRD. CHECKS.
H 659: CONTROLLED SUBSTANCES/UPDATE PRECURSOR LIST.
H 660: TRANSITION TO PERSONALIZED DIGITAL LEARNING.
H 661: TEACHER RECRUITMENT AND SCHOLARSHIPS.
H 662: NC ELEVATING EDUCATORS ACT OF 2015.
H 668: REMEMBERING THE HOLOCAUST.
H 669: JUVENILE LAW CHANGES/ABUSE/NEGLECT/DEPENDENCY.
H 673: MODIFY READ TO ACHIEVE.
H 676: AMEND COMPENSATION FOR ERRONEOUS CONVICTION.
H 677: STATE ETHICS COMM. REVISIONS.
H 687: PUBLIC SCHOOLS/TESTING SCHEDULE.
H 691: ASSAULT ON NATIONAL GUARD MEMBER.
H 696: DEBTS TO JUDGMENT DEBTORS/PAY TO SHERIFF.
H 706: BUILDING CODE/RUSTIC CABINS.
H 708: PRESERVATION OF HISTORIC/HERITAGE TREES.
H 728: AMEND VARIOUS LICENSING BOARD LAWS/FEES
H 729: STANDARDS FOR CHIROPRACTIC PEER REVIEW.
H 730: Next Generation 911
H 735: DPS CHANGES. (NEW)
H 736: NC AM. INDIAN HUNTING/FISHING RIGHTS.
H 739: REPEAL BUSINESS LICENSE FEES.
H 740: ALLISON'S LAW/GPS TRACKING PILOT PROG/DOM VIO.
H 754: COMMUNITY COLLEGE REMEDIATION PILOT PROJECT.
H 760: REGULATORY REFORM ACT OF 2015.
H 763: MILITARY OPERATIONS PROTECTION ACT OF 2016 (New).
H 774: RESTORING PROPER JUSTICE ACT.
H 777: EXEMPT ISOLATION FLOAT TANKS FROM POOL LAWS.
H 780: STUDY/ECONOMIC IMPACT OF JONES ACT ON NC.
H 792: PRIVACY/PROTECTION FROM REVENGE POSTINGS.
H 793: PRIVACY/UP SECRET PEEPING PUNISHMENT.
H 794: PROTECTION FROM ONLINE IMPERSONATION.
H 795: SEPA REFORM.
H 796: MODERNIZE DIETETICS/NUTRITION PRACTICE ACT.
H 800: CLARIFY MOTOR VEHICLE DEALER LAWS.
H 803: SCHOOL PERFORMANCE SCORES.
H 804: KELSEY SMITH ACT.
H 812: GRANT RECIPIENTS POSTED ON GRANTOR WEB SITE.
H 816: LABOR/PROVIDE RELIEF FOR CAREGIVERS.
H 817: ENACT UNIFORM LAW ON ADULT GUARDIANSHIP.
H 821: PROPER ADMINISTRATION OF STEP THERAPY.
H 826: STUDY REPEAL OF SECOND PRIMARIES.
H 836: ELECTION MODIFICATIONS.
H 847: PARENTAL RIGHTS AND MED. TREATMENT OF MINORS. (NEW)
H 860: LIMIT SOLDIERS' CC TUITION.
H 881: LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
H 902: TRANSFORMING PRINCIPAL PREPARATION.
H 909: ABC OMNIBUS LEGISLATION.
H 924: HIGHWAY SAFETY/OTHER CHANGES.
H 942: CONFIRM STATE CONTROLLER.
S 25: ZONING/DESIGN & AESTHETIC CONTROLS.
S 83: CRIMINAL LAW/FILING FALSE DOCUMENT.
S 88: POLE ATTACHMENT DISPUTES (NEW).
S 95: PERFORMANCE-BASED RIF/SCHOOL POLICY.
S 97: STATE ADVISORY COUNCIL ON INDIAN EDUCATION.
S 99: FIRE, RESCUE, & SAFETY WORKER SYSTEM CHANGES (NEW).
S 119: GSC TECHNICAL CORRECTIONS 2015.
S 120: DOI LICENSE PROCESSING FEES.
S 124: ASSUMED BUS.NAME/IC CONTEMPT/PARKS (NEW).
S 127: PERSONAL SERVICES CONTRACTS/PED (NEW).
S 182: AUTOMATIC LICENSE PLATE READERS.
S 192: CITATIONS/SHERIFFS ACCEPT FAXES.
S 211: DAMAGES FOR LATE PAYMENT OF MONIES/CHARTERS. (NEW)
S 273: MOTOR VEHICLE TAX: WAIVE PENALTIES/INTEREST.
S 288: AMEND LAWS REGARDING MENTAL COMMITMENT BARS.
S 291: EXTEND OVERNIGHT RESPITE PILOT PROGRAM.
S 299: PORT USAGE CONTRACTS/PUBLIC RECORDS.
S 301: DOT/PURCHASE OF CONTAMINATED LAND.-AB
S 330: CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS.
S 332: REGISTER OF DEEDS-POA INDEXING FEES.
S 333: TEACHER TRANSITION DATA.
S 336: ESTATE PLANNING/UNIFORM TRUST CODE.
S 343: STUDENT ASSAULT ON TEACHER/FELONY OFFENSE.
S 345: LIMIT STORAGE DURATION FOR DAMAGED VEHICLE (NEW).
S 363: Wage & Hour/Local Gov't Assessments (NEW).
S 378: INCREASE PUNISHMENT/MISD. DEATH BY VEHICLE.
S 383: STUDY/FUND IMPROVEMENTS/INTERSTATE HWYS (NEW).
S 386: REGISTERS OF DEEDS/UCC RECORDING FEES.
S 400: SCHOOL ACCESS FOR BOY SCOUTS/GIRL SCOUTS. (NEW)
S 419: LIMIT REVOLVING DOOR EMPLOYMENT.
S 423: FOSTER CARE FAMILY ACT.
S 429: LABOR/2015 TECHNICAL & CONFORMING CHANGES.
S 446: DEALER LOANERS/UNMANNED AIRCRAFT/BRUNSWICK CO. (NEW)
S 455: IRAN DIVESTMENT ACT.
S 456: CHARTER SCHOOL MODIFICATIONS.
S 472: LOCAL INCENTIVES FOR HISTORIC REHABILITATION.
S 477: TRANSFER OF BLADEN CORRECTIONAL FACILITY (NEW).
S 478: IN-STATE TUITION FOR CERTAIN VETS/FED PROG.
S 480: UNIFORM POLITICAL ACTIVITY/EMPLOYEES.
S 503: SEX OFFENSE WITH STUDENT/CHARTER SCHOOLS.
S 508: AMEND BAIL BOND LAWS.
S 519: AMEND CHILD CUSTODY LAWS (NEW).
S 522: RAISE AWARENESS OF LUPUS.
S 524: GRAD REQUIREMENTS/SPORTS PILOT (NEW).
S 545: WORKFORCE ENRICHMENT/VETERANS.
S 546: CREATE INSPECTION PROGRAM/VENISON DONATIONS.
S 560: 2015 CONTINUING BUDGET AUTHORITY (NEW).
S 561: FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS (NEW).
S 566: DISPOSITION OF MINIMAL PROPERTY TAX REFUNDS.
S 570: EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW)
S 578: TRANSITION CERTAIN ABUSE INVESTIGATIONS/DCDEE.
S 581: STUDY SUBDIV. STREETS/TRAFFIC CALMING DEVICES (NEW).
S 597: REPEAL REFERENCES TO ABC'S. (NEW)
S 598: Substance-Exposed Newborns Protection Plans (NEW).
S 600: APPRAISER COMPENSATION/JUDGE PERFORM MARRIAGE (NEW).
S 647: AMEND TRAPPING LAW.
S 652: PROHIBIT RE-HOMING OF AN ADOPTED MINOR CHILD.
S 654: MAP ACT/CLARIFICATIONS.
S 665: UNCLAIMED LIFE INSURANCE BENEFITS.
S 667: ELECTIONS OMNIBUS REVISIONS (NEW).
S 668: AUTO INSURANCE/ALLOW OPTIONAL ENHANCEMENTS.
S 673: NATURAL GAS ECON. DEV. INFRASTRUCTURE (NEW).
S 674: TRUCK DEALER COST REIMBURSEMENT.
S 676: AUTISM HEALTH INSURANCE COVERAGE.
S 678: AMEND DEBT COLLECTION STATUTES.
S 694: REEGAN'S RULE/ENFORCE PHARM. BEN. MGMT. (NEW)
S 699: PROTECT LEO HOME ADDRESS/OTHER INFORMATION.
S 712: CONFIRM DIRECTOR OF SBI.
Actions on Bills: 2015-04-29
H 99: TOWN OF POLKTON/DEANNEXATION.
H 217: CLAYTON DEANNEXATION/ANNEXATION.
H 218: CLAYTON ANNEXATION.
H 307: ZEBULON CHARTER/USE OF CERTAIN FEES.
H 343: CLAYTON/WALLACE ETJ AREAS (NEW).
H 353: WILSON'S MILLS/SATELLITE ANNEXATIONS.
H 392: FAYETTEVILLE CHARTER/PWC CHANGES.
H 469: SUNSET BEACH/PARKING METER PROCEEDS.
H 488: CENTRAL CAROLINA CC/BD. OF TRUSTEES.
H 527: OMNIBUS LOCAL ACT (NEW).
H 875: RESTRICT MUNICIPAL EMINENT DOMAIN.
S 77: INCREASE WILKESBORO FIREMEN'S PENSION.
S 101: OMNIBUS LOCAL ACT (NEW).
S 132: COLUMBIA ELECTIONS/HOPE MILLS QUICK TAKE (NEW).
S 255: DURHAM VOLUNTARY ANNEXATION PETITIONS.
S 382: REVISION OF SB 612 (NEW).
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