Senate amendments make the following changes to the 6th edition.
Part XXXI. Capital Appropriations
Section 31.14.(a)
Amendment #1 provides that one of the requirements that a state agency undertaking a repair and renovation project must satisfy, regardless of GS 143C-8-7 (when a state agency may begin a Capital improvement project) is the project must be one of the project types set out in GS 143C-4-3(b)(1) through (12), regardless of whether the relevant state facilities and related infrastructure are supported from the General Fund. Previously required that the project satisfy the requirements of GS 143C-4-3(b).
Part XXXII. Finance Provisions
Section 32.11
Amendment #2 amends GS 143B-437.53(a) regarding the minimum standards for eligible positions for a business applying to the Economic Investment Committee (Committee) for a grant under the Job Development Investment Grant Program (Job Development Program). Removes language from GS 143B-437.53(a) which provided that if a project is located in more than one area designation, the location with the highest area designation determines the minimum number of eligible positions that must be created. Amends the number of eligible positions for the Area Designation of Major Market Community to 200 (was, 250).
Adds a new Section 32.11.(e1), which enacts new GS 143B-437.56A in Article 10 of GS Chapter 143B. Moves language deleted from GS 143B-437.53(a), regarding a project located in more than one development tier area, to subsection (a) of new GS 143B-437.56A. Provides an exception to subsection (a) in GS 143B-437.56A(b), under which the location with the lowest development tier area designation determines the percentage of the annual grant approved for disbursement payable to the Utility Account under GS 143B-437.61, providing that the project meets certain specified criteria.
Amends GS 143B-437.56(e), regarding calculating minimum and maximum grants under the Job Development Program, to provide that a business receiving any other grant by operation of state law cannot receive an amount as a grant under this Part that when combined with any other grants is more than the applicable maximum percentage (was, more than 75%) of the withholding of the business as provided in subsections (a) and (a1) of GS 143B-437.56 unless the Committee makes an explicit finding that the additional grant is required to secure the project.
Part XXXIII. Miscellaneous Provisions
Section 33.2
Amendment #3 makes a technical correction to indicate that the date for the Senate Committee on Appropriations/Base Budget Report on the Base, Expansion and Capital Budgets for House Bill 97 is June 17, 2015 (was, June 16, 2015).
Part XXVII. Department of Administration
Section 27.3
Amendment #6 rewrites subsection (i) of GS 20-28.3 to delete changes and reinstate previously deleted language regarding the expedited sale of seized motor vehicles in certain cases.
Part XVIII. Judicial Department
Section 18A.14
Amendment #8 provides that new GS 7A-146.1, as enacted in this act, becomes effective October 1, 2015.
Part XII. Department of Health and Human Services
Section 12C.10
Amendment #11 makes multiple changes as follows.
GS 108A-25 provides that any federally recognized Native American tribe within North Carolina that assumes responsibilities for the administration of the NC Medicaid program, NC Health Choice, and the Supplemental Nutrition Assistance Program (SNAP) must execute an agreement with the state that sets out the general terms, definitions, and conditions under which the parties are to operate, including employment standards equivalent to current standards for a Merit System of Personnel Administration or any later standards prescribed by the Office of Personnel Management under section 208 of the Intergovernmental Personnel Act of 1970 for the individuals who will be responsible for the tribe's duties and responsibilities under the agreement. Amends GS 108A-25 to provide that an exemption to the prescribed personnel standards may be obtained from the federal government.
Deletes provision regarding either party's right to terminate the agreement without cause. Also deletes the provision conferring oversight authority to the Department of Health and Human Services (DHHS) for all federal protections for individuals living on federal reservations held in trust by the United States until the Administration for Children and Families (AFC) has approved the Eastern Band of Cherokee Indians to administer these programs.
Adds provision requiring DHHS to adopt funding flexibility for Indian Health Services, when possible and as allowed by the federal government, and when such flexibility furthers goals addressing health disparities among American Indians.
Amends GS 108A-87(c) to provide that nothing in this section is to be construed to prevent the Eastern Band of Cherokee Indians from providing additional non-federal matching funds to maximize their receipt of federal funds.
Amends provision regarding the appropriation of funds to the DHHS information technology budget to require that the funds be deposited to the information technology budget within 30 days of the effective day of this act.
Directs DHHS, Division of Medical Assistance, to submit the state plan amendment (SPA) and any responses to the Centers for Medicare and Medicaid Services (CMS) requests for additional information to the Eastern Band of Cherokee Indians for review prior to submission to CMS for approval.
Rewrites provision to require the DHHS to begin design, development, testing, and training of NC FAST, NCTracks, and legacy systems to allow the Eastern Band of the Cherokee Indians to assume certain administrative duties as soon as practicable but no later than approval by CMS, USDA, and ACF of the APDU (Advance Planning Document Update).
Adds new Section 12C.10.(f1) to require that DHHS, in collaboration with the Eastern Band of Cherokee Indians, draft a project plan to meet the October 1, 2016, effective date required by subsection (d) of this section. Requires DHHS to report on the project plan to the Joint Legislative Oversight Committee on Health and Human Services on or before October 1, 2015.
Section 12H.6A
Amendment #14 makes a change to Section 12H.6A, amending the date for DHHS, Division of Medical Assistance, in consultation with the Department of Public Safety, to submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division analyzing the fiscal impact of reinstating Medicaid coverage for visual aids for adults to November 1, 2015 (was, October 1, 2015).
Part XXXII. Finance Provisions
Section 32.20
Amendment #16 deletes all changes to GS 105-509 (regarding local elections on the adoption of sales and use tax to be used only for public transportation systems). Amends GS 105-511 to again include Wake County among the counties identified as those to which Part 6 of Article 43 of GS Chapter 105 applies. Deletes GS 105-511.4(c), which provided that the statute (concerning the distribution and use of the taxes) did not apply to a county remitting the proceeds of a tax levied under Part 6 to a regional public transportation authority.
Replaces the content of Section 32.20.(l) to provide that regardless of Article 14B of GS Chapter 136, no state funds may be used for light rail projects located in Wake County if Wake County authorizes levying a one-half cent local sales and use tax under Part 4 of Article 43 of GS Chapter 105 (was, identified when specified sections of this act become effective). Adds subsection (m) to Section 32.20 of this act to provide that this section is effective when this act becomes law.
Part VII. Information Technology
Section 7.17
Amendment #18 reorganizes Section 7.17, dividing provisions into subdivisions for clarity and readability. Directs the State Chief Information Officer (State CIO) in coordination with the State Controller and the Office of State Budget and Management(OSBM), to prioritize Information Technology Modernization (was, Digital Commons Information Technology Modernization funding) and other available funds as specified in this section. Adds that the State CIO is to coordinate with counties, cities, and local education agencies to facilitate the posting of their respective budgetary and spending data on their respective websites and to provide the data to the Local Government Commission (LGC). Directs the LGC to work with the State CIO to post data on the LGC's Internet website in a consistent manner that allows comparisons between the local entities providing data under subdivision (2) of subsection (a) of this section. Makes conforming changes.
Part XXX. Salaries and Benefits
Section 30.30A
Amendment #20 adds a new section that amends GS 135-151 and GS 128-38.10 to provide that no member of the Teachers' and State Employees' Retirement System or the North Carolina Local Governmental Employees' Retirement System retiring on or after August 1, 2016 (was, January 1, 2015) is eligible to participate in the Qualified Excess Benefit Arrangement (QEBA) and the system must not pay any new retiree more benefits than allowed under section 415(b) of the Internal Revenue Code.
Requires the Department of State Treasurer, before January 1, 2016, to inform all active employees whose total benefits might be affected by the sunset of the QEBA about the potential impact and explain the options for avoiding the impact.
Part VIII. Public Schools
Section 8.25
Amendment #22 amends GS 115C-12 to reinstate the report by the State Board of Education, beginning in 2016, to the Joint Legislative Education Oversight Committee on the reports that are required at the state level, the evaluation and determination for continuing individual reports, and any reports that it has consolidated or eliminated for the upcoming school year. Reduces the frequency of the report from every year to each even-numbered year.
Section 8.44
Amendment #23 adds a new section that repeals GS 115C-50, which required all members of local boards of education to have a minimum of 12 clock hours of training annually.
Part XXIV. Department of Military and Veterans Affairs
Section 24.4
Amendment #25 adds a new section, requiring $25,000 for 2015-16 and $25,000 for 2016-17 of the funds transferred to the Department of Military and Veterans Affairs as part of the transfer of central administrative and field operations staff from the Department of Administration be used to create a grant in aid program to assist veterans with activities provided through the Project Healing Waters Fly Fishing program.
Part XI. Universities
Section 11.22
Amendment #26 adds a new section reducing the funds to be allocated the UNC-CH School of Law by $3 million in recurring funds for fiscal years 2015-16 and 2016-17. Increases the funds allocated to the Mountain Area Health Education Center (MAHEC) for surgery and family medicine residencies in the MAHEC service area by $3 million in recurring funds for fiscal years 2015-16 and 2016-17. Makes conforming changes.
The Daily Bulletin: 2015-06-17
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The Daily Bulletin: 2015-06-17
| Intro. by Dollar, Johnson, McGrady, Lambeth. | APPROP, GS 7A, GS 7B, GS 12, GS 14, GS 15A, GS 15B, GS 19A, GS 20, GS 44A, GS 47, GS 48A, GS 50, GS 58, GS 62, GS 65, GS 66, GS 74, GS 75A, GS 90, GS 93B, GS 96, GS 97, GS 105, GS 105A, GS 106, GS 108A, GS 108E, GS 110, GS 113, GS 113A, GS 114, GS 115C, GS 115D, GS 116, GS 116B, GS 116D, GS 120, GS 121, GS 122E, GS 124, GS 126, GS 127A, GS 127C, GS 128, GS 130A, GS 131D, GS 131E, GS 132, GS 135, GS 136, GS 138A, GS 142, GS 143, GS 143B, GS 143C, GS 146, GS 147, GS 148, GS 150B, GS 153A, GS 159G, GS 160A, GS 161, GS 165, GS 166A, GS 168 |
House amendments makes the following changes to the 2nd edition.
Amendment #1
Amends the definition of residential real property as provided in proposed GS 105-277.02, establishing that the term excludes property that is occupied or used for commercial purposes such as residences shown to prospective buyers as models.
Amends the effective date clause to provide that the bill applies to subdivision or other improvements made on or after July 1, 2015.
Amendment #2
Amends proposed GS 105-277.02 to provide that any increase in value of property classified pursuant to this section that is attributable to the construction of a new single-family residence or a duplex on the property by the builder is excluded from taxation for as long as the builder continues to hold the property for sale (previously, provided that increases in value of such property attributable to subdivision or other improvements made by the builder are excluded from property taxation as long as the builder continues to hold the property for sale).
Amendment #3
Amends amendment #1 providing that the definition of residential real property, as provided in proposed GS 105-277.02, excludes property that is either occupied by a tenant, or used for commercial purposes such as residences shown to prospective buyers as models (previously, excluded property that is occupied or used for commercial purposes such as residences shown to prospective buyers as models).
| Intro. by Hager, Millis, Brody, Collins. | GS 105 |
House committee substitute makes the following changes to the 1st edition.
Deletes all of the provisions of the previous edition and replaces it with the following.
Enacts new Article 81 in GS Chapter 143, Employee Fair Classification Act, clarifying the distinction between employees and independent contractors. Sets out definitions for use in the Article for the terms employ, employee, Employee Classification Division, employee misclassification, employer and secretary. Establishes the Employee Classification Division (Division) in the Department of Revenue and sets out eight powers and duties of the Division, including assessing administrative civil penalties for instances of employee misclassification and developing methods and strategies for information sharing between state agencies in order to identify misclassification. Provides for an informal advisory council to advise the director of the Division. Sets out minimum membership of the council including several state officers. Requires the Division to submit an annual report, no later than October 1 of each year, regarding the administration of this Article, to the Office of the Governor and the Joint Legislative Commission on Governmental Operations. Sets out minimum information requirements for the report.
Specifies the eight factors that are to be considered in the determination of status as an independent contractor, including whether the individual has the freedom to use and independently control his or her own assistants. Prohibits an employer from improperly classifying an individual. Establishes a civil penalty for instances of misclassification, including an assessment of no more than $1,000 per misclassified employee. Provides regulations and factors to be considered in assessing the penalty. Provides a process by which a penalty can be appealed.
Requires the Division to establish a temporary amnesty program to encourage the voluntary self-reporting by employers engaging in employee misclassification. Requires the Division to establish procedures for participation in the temporary amnesty program and sets out minimum requirements of the procedures.
Requires every state occupational licensing board or commission to require its licensees or permittees to certify that they have read and understood the employee misclassification notice in GS 143-763(a)(7). Failure to certify will result in a denial of a license or permit by the board or commission. Provides that any records of the Division that are not civil penalty assessments or final orders are not public records but are subject to inspection by state and federal agencies as specified.
Repeals GS 97-5.1, Presumption that taxicab drivers are independent contractors.
Amends GS 95-25.15(c) to require that an employee misclassification notice be added to NC Department of Labor posters and sets out the information that must be contained, including that any employee that believes they have been misclassified can report the suspected misclassification to the Division. Effective January 1, 2016.
Amends GS 87-11 concerning the State Licensing Board for General Contractors providing that it has the authority to refuse or revoke a license or issue a reprimand if a penalty was imposed pursuant to GS 143-765(b), as enacted in this act, that has been upheld on final adjudication, with the violation being willful with no good faith argument that the individual is an independent contractor. Requires the State Licensing Board for General Contractors to include references to the prohibition of employee misclassification in its guidelines governing the suspension and revocation of licenses.
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, with the violation being willful with no good faith argument that the individual is an independent contractor. 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 or 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, the willful engagement in employee misclassification in violation of GS 143-765(b), as specified and enacted in this act.
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) that has been upheld on final adjudication, with the violation being willful with no good faith argument that the individual is an independent contractor.
Amends GS 153A-134 and GS 160A-194, concerning permitted regulation and licensing for various occupations, businesses, trades, and entertainment by cities and counties, providing that any applicants subject to regulation and licensure by a city or county under these statutes must certify that they have read and understand the employee misclassification notice in GS 143-763(a)(7).
Amends GS 153A-360 and 160A-420 concerning construction and development inspections, providing that owners of sites with work in progress must certify to the city and county that they have read and understand the employee misclassification notice in GS 143-763(a)(7).
Appropriates $293,000 from the General Fund to the Department of Revenue for the 2015-16 fiscal year and $293,000 for the 2016-17 fiscal year, to support five new positions to carryout the duties of the Division. Requires the Department of Revenue to consult with the Industrial Commission, the Office of State Budget and Management, the Division of Employment Security, and the Department of Labor in hiring staff for these positions.
Appropriates $17,500 for the 2015-16 fiscal year from the General Fund to the Employee Classification Division for non-recurring costs associated with the positions authorized by this section.
Includes a severability clause.
Except as otherwise provided, act is effective August 1, 2015.
House amendments make the following changes to the 6th edition.
Amendment #10
Amends GS 14-403, Permit issued by sheriff; form of permit; expiration of permit, to require that the permit form be created by the State Bureau of Investigation (was, the Department of Public Safety). Makes clarifying changes and adds language that requires that the standard permit be used statewide by the sheriffs of all counties and, when issued, must contain an embossed seal unique to the issuing sheriff. No longer requires a watermark. Consolidates duplicate versions of the statute.
Provides that permits properly issued before the above provisions are effective remain valid until expiration. Provides for the exchanging of valid permits for an updated version of the permit.
Requires the State Bureau of Investigation to make reasonable efforts to alert federally licensed firearm dealers in North Carolina of the new permit appearance and requirements implemented above.
Amends proposed GS 14-404(e) to provide that the required application for a permit pursuant to this section must be on a form created by the State Bureau of Investigation (was, to be created by the Department of Public Safety).
Amends the effective date provisions of the bill to provide that Section 9 of the bill (amending GS 14-415.21) is effective December 1, 2015, applying to offenses committed on or after that date. Clarifies that all of Section 10, including the above changes, is effective December 1, 2015, applying to permits issued on or after that date.
Deletes proposed GS 14-402(a1).
Amendment #13
Amends GS 14-415.15(a) to require the sheriff to request records regarding the mental health or capacity of a concealed handgun permit applicant within 10 days (was, 15 days) of receiving the items listed in GS 14-415.13. Also adds language that provides that individuals, companies, mental health providers, or governmental entities cannot charge additional fees to applicants for background checks conducted pursuant to GS 14-415(a).
Amendment #18
Directs the Department of Public Safety, in consultation with the Office of Information Technology Services and the Federal Bureau of Investigation, to study the development of a system to allow a background check to be conducted in private transfers of firearms. Sets out what system access the study should consider, including the consideration of access to the National Instant Criminal Background Check System by sellers or transferors. Requires the report to be submitted to the Joint Legislative Oversight Committee on Justice and Public Safety on or before January 1, 2019.
Conference report makes the following changes to the 5th edition.
Amends GS 103-2, which allows a landowner, a member of the landowner's family, or a person with the landowner's written permission to hunt with firearms on the property on Sunday, by prohibiting hunting on Sunday between 9:30 am and 12:30 pm, except when hunting on a licensed controlled hunting preserve (was, prohibited hunting on Sunday before noon).
The Daily Bulletin: 2015-06-17
House committee substitute makes the following changes to the 2nd edition.
Amends GS 62-350(a) deleting proposed clarifying changes. Also adds language that requires fees due from a communications service provider accessing or attaching to poles, ducts, or conduits to be billed by a separate invoice and not bundled with charges for electric service.
Amends GS 62-350(c) to provide that the North Carolina Utilities Commission (Commission) has exclusive jurisdiction over proceedings arising under this statute and will adjudicate disputes on a case-by-case basis (previously, stated that it would adjudicate individual disputes on a case-by-case basis). Adds clarifying language providing that the statute does not impact or expand the Commission's authority pursuant to GS 62-133.5(h) or (m) concerning alternative regulation, tariffing, and deregulation of telecommunications utilities. Further amends the subsection to provide that the Public Staff can, at the discretion of the Commission, be made a party to any proceedings under GS 62-350 (previously, provided the Public Staff would automatically be made a party to proceedings as specified).
Amends GS 62-350(d)(4) concerning procedures for pole attachments in the absence of an agreement, making a technical correction and adding language that provides that the statute does not impact or expand the Commission's authority pursuant to GS 62-133.5(h) or (m) concerning alternative regulation, tariffing, and deregulation of telecommunications utilities. Further amends the subsection to provide that the Public Staff can, at the discretion of the Commission, be made a party to any proceedings under GS 62-350 (previously, provided the Public Staff would automatically be made a party to proceedings as specified).
Enacts GS 62-350(h) to provide that the Commission can, as part of a final adjudication, assess dispute adjudication costs, not to exceed $10,000, against parties to the dispute proceeding. Also allows the assessment of additional costs for expenses incurred as a result of hiring expert witnesses or other individuals with professional expertise.
Provides that the Commission can also consider methodologies previously applied when considering evidence presented by a party in a proceeding.
Conference report makes the following changes to the 3rd edition.
Amends the short title.
Amends GS 115C-12(22) to provide that the annual report required by this subsection is to be known as the State of the Teaching Profession in North Carolina beginning in 2016 (previously, referred to only as an annual report and required the data to be reported disaggregated by the effectiveness ratings of teachers on the NC Educator Evaluation System). Amends the items that must be included in the annual teacher transition report, requiring the number of teachers that left employment in hard-to-staff schools to be reported (previously, required the reporting of the number of hard-to-staff schools) as well as the number of teachers that left employment in hard-to-staff subject areas (previously, required the reporting of the number of positions in hard-to-staff subject areas). Adds new subsection which requires the annual teacher transition report to disaggregate the data by teacher effectiveness status at a statewide level and prohibits the disaggregation of the data on teacher effectiveness status at a local school administrative unit level. Sets out further limitations and requirements concerning the data to be reported, including preventing confidential information from being reported.
Makes organizational changes.
| Intro. by Soucek. | GS 115C |
The Daily Bulletin: 2015-06-17
The Daily Bulletin: 2015-06-17
Actions on Bills: 2015-06-17
H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)
H 44: LOCAL GOVERNMENT REGULATORY REFORM 2015. (NEW)
H 97: 2015 APPROPRIATIONS ACT.
H 154: LOCAL GOVERNMENTS IN STATE HEALTH PLAN. (NEW)
H 168: EXEMPT BUILDERS' INVENTORY.
H 250: HEALTHY FOOD SMALL RETAILER/CORNER STORE ACT.
H 289: NC MONEY TRANSMITTERS ACT.-AB
H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)
H 482: EMPLOYEE FAIR CLASSIFICATION ACT.
H 562: AMEND FIREARM LAWS.
H 640: OUTDOOR HERITAGE ACT.
H 679: UNC SELF-LIQUIDATING PROJECTS.
S 43: CDLS FOR VETERANS REVISIONS.
S 88: POLE ATTACHMENT DISPUTES (NEW).
S 212: HANDGUN STANDARDS FOR RETIRED SWORN LEO.
S 301: DOT/PURCHASE OF CONTAMINATED LAND.-AB
S 333: TEACHER TRANSITION DATA.
S 423: FOSTER CARE FAMILY ACT.
S 455: IRAN DIVESTMENT ACT.
S 462: PUBLIC AUTHORITIES/NONPROFIT CORPORATIONS.
S 478: IN-STATE TUITION FOR CERTAIN VETS/FED PROG.
S 578: TRANSITION CERTAIN ABUSE INVESTIGATIONS/DCDEE.
S 596: PROTECTION AGAINST UNCONST. FOREIGN JUDGMNTS.
S 621: REGISTRATION RENEWAL NOTICE/E-MAIL.-AB
S 682: MODIFY SUNSET RE: CONTINGENT AUDITS.
Actions on Bills: 2015-06-17
H 131: TOWN OF MAGGIE VALLEY/DEANNEXATION.
H 217: CLAYTON DEANNEXATION/ANNEXATION.
H 247: HOKE COUNTY LOCAL OPTION SALES TAX.
H 337: TOWN OF CARY/RELEASE UNNEEDED EASEMENTS.
H 386: HOPE MILLS/SPRING LAKE/SATELLITE ANNEXATIONS (NEW).
H 411: TOWN OF ANGIER/DEANNEXATION.
H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.
H 415: FONTANA DAM/ESTABLISH ELECTRIC POWER BOARD.
S 140: LAKE SANTEETLAH OCCUPANCY TAX AUTHORIZATION.
S 218: FRANKLIN/ARCHDALE/SATELLITE ANNEXATIONS.
S 256: DURHAM VOLUNTARY ANNEXATIONS/ADJACENT STREETS.
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