Senate committee substitute makes the following changes to the 4th edition.
Amends GS 130A-440, concerning health assessments for public school students, making organizational changes and adding language that allows only specified health care providers to submit the required health assessment transmittal form if they have been authorized to do so by the parent, guardian, or person standing in loco parentis (previously, did not require the health care provider to be so authorized). Reinstates current law deleted in the previous edition, which allows the health assessment to include dental screening and developmental screening for cognition, language, and motor function.
Amends GS 130A-441 concerning the reporting of health assessment results, making conforming changes. Also provides that authorized employees of the Department of Health and Human Services who require access to health assessment transmittal forms to perform their assigned duties can only have access to de-identified health assessment information from the forms by submitting a request to the local board of education (previously, authorized representatives of the Department of Health and Human Services to have open inspection of the forms).
Makes a technical correction to the long title.
The Daily Bulletin: 2015-07-23
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The Daily Bulletin: 2015-07-23
Senate committee substitute makes the following changes to the 3rd edition.
Changes the effective date of the changes to GS 7A-304(a) and GS 20-24.2(a) (extending the time to avoid the court costs for failure to pay) from July 1, 2015, to December 1, 2015, except provides that a failure to pay after 20 days that occurs before the effective date is not abated or affected by the act and the statutes that would be applicable but for the act remain applicable to that failure to pay.
Deletes Part IV of the act, amending GS 20-38.7(c) and instead amends GS 15A-1347 to add that if a defendant appeals an activation of a sentence as a result of a finding of a probation violation, probation supervision will continue under the same conditions until the earlier of the termination date of the supervision or disposition of the appeal.
Deletes Part VII of the act, amending GS 112C-251(d) and enacting new GS 122C-210.3. Replaces it with a new Part VII that amends GS 7B-323 (concerning petitions for judicial review of determinations of abuse or serious neglect) to allow a party to appeal the district court's decision under GS 7A-27(b)(2), which provides that appeal lies of right directly to the court of appeals from any final judgment of a district court in a civil action (was, appeal allowed under GS 7A-27(c), which has been repealed).
Deletes Part VII from the act, which amended GS 50B-4.1(d), concerning enhanced penalties for violations of protective orders.
Deletes Part VIII from the act, which amended GS 14-50.43(d) concerning extension of orders entered in street gang nuisance abatement cases after court hearing.
Makes conforming changes.
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 121-25, pertaining to licenses to conduct exploration of derelict vessels and archaeological sites, to bring under the public records laws of GS 132-1 photographs and other documentary evidence of derelict vessels and shipwrecks.
Makes technical changes.
Senate committee substitute makes the following changes to the 4th edition.
Amends GS 15A-1201 to include certain hearings to determine aggravating factors under GS 15A-1340.16(a3) as matters of law and fact that a court will hear when a defendant waives the right to trial by jury.
Requires a jury trial when a court allows a motion for joinder of co-defendants unless all defendants waive the right to trial by jury or the court severs the case.
Allows a defendant to condition stipulation to waiving the right to a jury trial on each party's consent to the trial judge.
Requires the State to schedule a hearing in open court to determine whether the judge agrees to a defendant's notice of intent to waive the right to a jury trial. Requires that the judge who will actually preside over the trial be the judge who decides to grant or deny the defendant's request for a bench trial. The judge should address the defendant personally and determine whether the defendant understands the consequences of the decision to waive the right to a jury trial. The judge should likewise consider the arguments presented by both the defendant and the State regarding the decision to waive a jury trial.
Allows a defendant to revoke the waiver of a jury trial even after 10 business days if the trial judge finds that the revocation would not cause unreasonable hardship or delay to the State and that the revocation is tendered in good faith.
Requires the court, upon request of any party, to make specific, written findings of fact to support the verdict.
Makes technical changes.
Changes the effective date to October 1, 2015 (was, July 1, 2015).
Senate amendment makes the following changes to the 3rd edition.
Adds a new subsection (d) amending GS 115C-218.1 to direct the State Board of Education (SBE) and the North Carolina Charter Schools Advisory Board to focus on a substantive review of the content of charter school applications to determine the likelihood of the proposed charter school meeting the requirements of GS 115C-218.5(a) (providing the findings that support the SBE granting final approval of a charter school application). Requires that the applicant receive timely notification of format issues or incomplete information and receive at least five business days to correct the defects in the application. Requires the Advisory Board to allow an applicant to address the Advisory Board regarding the application for at least 10 minutes immediately before there is any final vote on the application. Applies to initial applications for and the renewal of a charter school on or after the effective date of this act. Provides that this section becomes effective when the act becomes law and applies to initial applications for and the renewal of a charter on or after that date.
Amends the act's long title.
| Intro. by Jeter, Steinburg. | GS 115C |
Senate committee substitute makes the following changes to the 2nd edition.
Deletes the provisions of the previous edition and replaces it with the following.
Repeals GS 97-19.1, which among its provisions, allowed an individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer licensed by a governmental motor vehicle regulatory agency to be an employee or an independent contractor and made any contractor contracting with an individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer licensed by the US Department of Transportation and who has not secured the payment of compensation in the manner provided for employers in GS 97-93 for himself and for his employees and subcontractors be liable for the payment of compensation and other benefits on account of the injury or death of the independent contractor and his employees or subcontractors due to an accident arising out of and in the course of the performance of the work covered by such contract.
Changes the act's titles.
| Intro. by McGrady, Jeter, West, Fisher. | GS 97 |
Senate committee substitute makes the following changes to the 3rd edition.
Amends the act's long title.
Renumbers and renames proposed GS 158-7.5, Security interests in rural economic development loans as GS 160A-17.2, Security interests in United States Department of Agriculture loans. Deletes subsection (a) and replaces it with provisions providing that a county or municipality can pledge a security interest in an escrow account funded with loan proceeds or a certificate of deposit in order to secure repayment of the loan if the loan is an interest-free agreement entered into with the US Department of Agriculture or other authorized intermediary. Requires the escrow accounts to be substantiated by a written escrow agreement. Sets other compliance requirements for deposits/certificates of deposits.
Amends GS 159G-40(b), deleting language which provided that the maximum maturity for a loan for a high unit cost project is 30 years or the project's expected life, whichever is shorter. Provides that the changes in the act to GS 159G-40 become effective when the act becomes law but expire on July 1, 2016, with such sunset not affecting the validity of any loan agreement approved before or loan increases approved after the sunset if the loan was approved in accordance with GS 159G-40.
Amends GS 160A-20(h) to provide that the term "unit of local government" also includes metropolitan water districts and metropolitan water and sewer districts.
Amends GS 162A-36(a) and GS 162A-69 to provide that metropolitan water and sewerage districts have the authority to pledge security interests in accordance with GS 160A-20.
Makes technical changes.
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 138A-31(b) to allow a covered person to mention the person's public position in a letter of reference that is written upon request of an individual seeking employment, as well as in a letter of reference in response to an inquiry by a potential employer as to an individual's qualifications and character. Makes clarifying changes.
| Intro. by Glazier, Faircloth, Daughtry, Harrison. | GS 138A |
Senate committee substitute makes the following changes to 2nd edition.
Repeals GS 75-63(o1) of the Identity Theft Prevention Act, which allows a parent or guardian of a minor to inquire of a nationwide consumer reporting agency as to the existence of a credit report for the minor and requires the reporting agency to make reasonable efforts to prevent providing a credit report on the minor until the minor reaches the age of majority.
Amends GS 75-63.1 to prevent a consumer reporting agency from charging a fee for placement or removal of a security freeze if the consumer's representative submits a copy of a valid investigative or incident report or complaint with a law enforcement agency (was, has obtained a report of alleged identity theft or fraud).
Allows release of a consumer report or file, despite a security freeze, for purposes of a credit file monitoring subscription service to which the protected consumer has subscribed (was, credit reporting service as defined in GS 75-134) or to a consumer reporting agency (was, a person) providing a protected consumer with a copy of the consumer's credit report upon request of the consumer.
Creates an exception from the requirement to place a security freeze on a credit report for check services or fraud prevention services companies, deposit account information service companies, certain consumer reporting agencies that resell credit information assembled in a database of one or more credit reporting agencies, and certain consumer reporting agencies that maintain credit information for purposes other than credit granting purposes, such as fraud prevention or detection and background screening.
Amends GS 130A-101 to include fathers and legal guardians (was, just mothers) among the persons who should receive information about consumer security freezes from the person responsible for preparing birth certificates when a birth occurs.
Senate committee substitute makes the following changes to the 2nd edition.
Amends the act's long title.
Enacts new GS 93E-2-4(h) to provide that if a registered appraisal management company requires criminal background checks as a condition of employment or other type of work relationship, then it must accept criminal background checks that (1) have been conducted in the previous 12 months and (2) substantially conform to the requirements of GS 93E-2-11.
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 150B-1(d)(6) to exempt the Department of Public Safety from rulemaking with respect to matters related to persons in its custody or under its supervision and to executions and also amends GS 150B-1(e) to exempt the Department of Public Safety from contested case provisions with respect to matters relating to executions (previously, only the Division of Adult Correction of the Department of Public Safety was exempt).
Senate committee substitute makes the following changes to the 2nd edition.
Adds a section to the bill amending GS 14-190.9 to make it a Class 2 misdemeanor for a person to willfully expose his or her private parts in the presence of anyone other than a consenting adult on another's premises or so close to another's premises that he or she can be seen from that private premises for the purpose of arousing or gratifying sexual desire.
Amend the act's long title.
| Intro. by Bryan. | GS 14 |
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 20-305(6) to provide pinpoint references and links to antecedents to clarify connections between and among statutory provisions regarding motor vehicle dealers' and manufacturers' licensing law.
Amends GS 20-305(6)d.3. regarding manufacturer or distributor liability to a dealer if a termination, cancellation, or nonrenewal is based on any of the occurrences in GS 20-305(6)c.1.IV (change in ownership, operation, or control of all or any part of the business). Makes a contract, agreement, or release between any manufacturer and any dealer in which the dealer waives the dealer's right to receive monetary compensation in any sum or amount not less than the fair market value insufficient to satisfy the manufacturer's obligation to adequately compensate the dealer and makes the contract voidable by the dealer if done within 90 days of the effective date of the agreement.
Amends GS 20-305(38) to specify the circumstances under which a franchised new motor vehicle dealer may file a petition and have an evidentiary hearing when a dealer's area of responsibility has been improperly changed, and requires filing a petition for an evidentiary hearing before the Commissioner within 60 days of receiving such notice of a franchise area of responsibility change. Identifies existing circumstances that the Commissioner is to take into consideration in the evidentiary hearing. Provides that a policy or protocol of a manufacturer, distributor, factory, or distributor branch does not satisfy their burden of proof if the policy or protocol determining the area of responsibility is solely or primarily based on the proximity of census tracts or other geographic units to its franchised dealers.
Enacts new GS 20-305(49) to provide specifications as to criteria that must be met in order for the manufacturer, distributor, or affiliate to recover cost from a dealer for any tool designated as special or essential. Also requires invoices or billing statements that include actual costs for special or essential tools sold to a dealer that exceed $250.
Amends GS 20-305.1(a2) making a clarifying change concerning work that is not included in calculating the retail rate customarily charged by the dealer for parts and labor.
Deletes current provisions of GS 20-305.1(b3) and enacts provisions that provide that it is unlawful for manufacturers to take or threaten adverse action against dealers in North Carolina or to otherwise discriminate for specified reasons, including that the dealer failed to ensure that a purchaser or lessee paid personal property tax on the vehicle purchased or leased. Allows adverse action against a dealer when it has actual knowledge of a purchaser or lessee's intent to export a vehicle to a foreign country or resell the vehicle to a third party. Clarifies what actions constitute adverse action and discrimination (was, conduct) under this section. Establishes that in any proceeding brought under this subsection, the affected manufacturer has the burden of proving that the dealer knew or reasonably should have known of the purchaser or lessee's intent to export a vehicle to a foreign country or resell the vehicle to a third party. Sets out standards for reasonable presumptions according to the availability of specified information.
Makes a conforming change to GS 20-305.1(c). Clarifies that compensation, or the withholding of compensation or chargeback of other compensation or support to which a dealer would otherwise be entitled, is stayed while waiting for a determination by the Commissioner as to the outcome of the dispute.
Amends GS 20-305.1(g) to increase the compensation amount from $600 to $900 that can be paid by manufacturers or distributors to specified dealers of new trucks for certain covered costs. Makes additional clarifying and technical changes.
Deletes the following sections from the previous edition: (1) Section 3, changes made to GS 20-305(46); (2) Section 4, changes made to GS 20-305.1(a); and (3) Section 6, changes made to GS 20-305.1(a3).
| Intro. by W. Brawley. | GS 20 |
Senate committee substitute makes the following change to 1st edition.
Changes the effective date to December 1, 2015 (was, effective when the act becomes law), and makes the bill applicable to offenses committed on or after that date.
| Intro. by Hurley, Glazier, Schaffer, Lambeth. | GS 15A |
Senate committee substitute makes the following changes to the 2nd edition.
Amends the act's long title.
Amends GS 20-139.1(b5), making a technical change.
Deletes proposed changes made to GS 20-129(g) concerning the prohibition on the operation of motor vehicles or motorcycles without the specified number of brake lights.
Deletes proposed changes made to GS 20-129.1 concerning requirements for additional lighting on certain vehicles.
Amends GS 143-166.14 concerning salary continuation for certain state personnel, including state law enforcement officers, now requiring that a qualifying injury must result or arise out of an episode of violence, resistance, or other special hazards in the course of official duties (previously, injury had to be proximately caused by heightened risk and special hazards related to the violent nature of the official duties). Further provides that such benefits are deducted from the person's total eligibility under worker's compensation as well as requiring such salary to be ceased or equitably reduced when the person has returned to work for the same or different employer. Also provides that for the purposes of payment under this section, salary excludes overtime, shift premium, holiday pay, or other such enhancements.
Enacts new GS 20-185(j) authorizing the State Highway Patrol to appoint retired members as volunteer reserve officers and that they are eligible to receive workers' compensation benefits for injuries incurred during service as such.
Amends GS 15A-298 concerning the subpoena authority of the Director of the State Bureau of Investigation, to no longer make it pursuant to Bureau rules.
Amends GS 126-35 to allow the separation of an employee that (1) is on workers' compensation or salary continuation and is unable to return to his or her previous position at full duty or (2) that is unable to perform all of his or her job duties due to a court order, due to loss of required credentials or other certification, even if the employee's vacation, sick, bonus, or compensatory leave is not exhausted.
Provides that Section 2, changes made to GS 20-130.1, is effective December 1, 2015, applying to offenses committed on or after that date.
Makes conforming changes.
The Daily Bulletin: 2015-07-23
The Daily Bulletin: 2015-07-23
AN ACT TO ALLOW CERTAIN COUNTY SHERIFF'S OFFICES TO CONTRACT FOR THE PURCHASE OF FOOD AND FOOD SERVICES SUPPLIES FOR A COUNTY'S DETENTION FACILITY WITHOUT BEING SUBJECT TO THE REQUIREMENTS OF CERTAIN STATE PURCHASE AND CONTRACT LAWS. Enacted July 23, 2015. Effective July 23, 2015.
AN ACT AUTHORIZING THE RUTHERFORD COUNTY BOARD OF COMMISSIONERS TO TERMINATE AND DISSOLVE THE RUTHERFORD AIRPORT AUTHORITY AND TO OPERATE THE RUTHERFORD COUNTY AIRPORT AS A PUBLIC ENTERPRISE. Enacted July 23, 2015. Effective July 23, 2015.
| Intro. by Hager. | Rutherford |
The Daily Bulletin: 2015-07-23
Actions on Bills: 2015-07-23
H 6: AUTOCYCLE DEFINITION AND REGULATION.
H 13: AMEND SCHOOL HEALTH ASSESSMENT REQUIREMENT.
H 59: CLARIFY REPORT ADMISSIBILITY.
H 134: SOLICITING PROSTITUTION/IMMUNITY FOR MINORS.
H 173: OMNIBUS CRIMINAL LAW BILL.
H 174: LANDLORD/TENANT-FORECLOSURE & EVICT. CHANGES.
H 184: CHANGE DCR PROCESS FOR UNCLAIMED PROPERTY.-AB
H 185: REPEAL DCR'S OBSOLETE COMMS & LANGUAGE.-AB
H 215: PROCEDURE FOR WAIVER OF JURY TRIAL.
H 229: CHURCH TAX EXEMPTION/DRIVING PRIVILEGES. (NEW)
H 264: COMMUNITY COLLEGES 403(B) PLAN.-AB
H 276: AGENCY PARTICIPATION PROCEDURES ACT OF 2015. (NEW)
H 277: RETIREMENT ADMIN. CHANGES ACT OF 2015.-AB
H 334: CHARTER SCHOOLS & OTHER EDUCATION LAW CHANGES (NEW).
H 350: RESTORE DRIVING PRIVILEGES/COMPETENCY.
H 371: TERROR CLAIMS/DAMAGES/LIABILITY FOR SUPPORT.
H 373: ELECTIONS. (NEW)
H 390: BEAUFORT CO. CC/WASHINGTON CO.
H 397: CLARIFY PROTECTIONS/EXPLOITATION OF ELDERS.
H 446: AMEND STATUTES GOVERNING BAIL BONDSMEN.
H 529: NC DRIVERS LICENSE RESTORATION ACT.
H 532: WC/TRUCK DRIVER STATUS.
H 538: WATER AND SEWER SERVICE RELATED CHANGES (NEW).
H 544: COUNTY SIGN ORDINANCE IN CITIES.
H 553: ORDINANCES REGULATING ANIMALS.
H 561: SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.
H 562: AMEND FIREARM LAWS.
H 571: IMPLEMENT CLEAN POWER PLAN (NEW).
H 584: USE OF POSITION/LETTERS OF REFERENCE.
H 607: ALLOW PROTECTED CONSUMER SECURITY FREEZES.
H 638: CAPITALIZE ON WETLAND MITIGATION.
H 651: APPRAISAL BD. RECORDKEEPING & BKGRD. CHECKS.
H 678: AMEND INNOCENCE COMMISSION STATUTES.
H 721: SUBDIVISION ORDINANCE/LAND DEVELOP. CHANGES.
H 774: RESTORING PROPER JUSTICE ACT.
H 792: PRIVACY/PROTECTION FROM REVENGE POSTINGS.
H 800: CLARIFY MOTOR VEHICLE DEALER LAWS.
H 804: KELSEY SMITH ACT.
H 814: THE WILLIAM C. LINDLEY, JR. SUDEP LAW.
H 924: HIGHWAY SAFETY/OTHER CHANGES.
S 22: HISTORIC ARTIFACT MGT. AND PATRIOTISM ACT.
S 182: AUTOMATIC LICENSE PLATE READERS.
S 192: CITATIONS/SHERIFFS ACCEPT FAXES.
S 345: LIMIT STORAGE DURATION FOR DAMAGED VEHICLE (NEW).
S 399: JOINT AGENCY TAX REFUND.
S 541: REGULATE TRANSPORTATION NETWORK COMPANIES.
S 605: VARIOUS CHANGES TO THE REVENUE LAWS.
S 671: DL RESTORATION/DWI TREATMENT COURT.
S 678: AMEND DEBT COLLECTION STATUTES.
S 679: NC CONSUMER FINANCE ACT AMENDMENTS.
Actions on Bills: 2015-07-23
H 312: CERTAIN COUNTIES SHERIFF/FOOD PURCHASES.
H 343: CLAYTON/WALLACE ETJ AREAS (NEW).
H 492: RUTHERFORD CTY/RUTHERFORD AIRPORT AUTHORITY.
S 50: Wilson County Occupancy Tax Modification.
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