The Daily Bulletin: 2015-09-29

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The Daily Bulletin: 2015-09-29

PUBLIC/HOUSE BILLS
H 15 (2015-2016) EDUC. SOFTWARE/SWD TUITION (NEW). Filed Jan 28 2015, AN ACT TO CLARIFY THAT SOUTH PIEDMONT COMMUNITY COLLEGE MAY EARN BUDGET FTE FOR CERTAIN STUDENT COURSE ENROLLMENTS AS OTHERWISE AUTHORIZED BY STATUTE AND TO AUTHORIZE THE DEPARTMENT OF PUBLIC INSTRUCTION TO USE FUNDS TO ENTER INTO A STATEWIDE COOPERATIVE PURCHASING AGREEMENT FOR OFFICE PRODUCTIVITY SOFTWARE FOR PUBLIC SCHOOLS, TO ADOPT RULES AND POLICIES LIMITING THE NONINSTRUCTIONAL DUTIES OF TEACHERS, TO ESTABLISH THE OFFICE OF PRINCIPAL PREPARATION, TO AMEND THE PROCESS FOR TUITION ENDORSEMENTS AND REIMBURSEMENTS FOR SCHOLARSHIPS FOR STUDENTS WITH DISABILITIES, AND TO EXEMPT STUDENTS AT THE SCHOOL OF SCIENCE AND MATHEMATICS AND THE SCHOOL OF THE ARTS FROM PAYING FEES FOR ADVANCED PLACEMENT EXAMS.

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

Amends the short and long titles.

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

Amends SL 2015-241 by adding new Section 8.49, which authorizes the Department of Public Instruction (DPI) to use appropriated funds for the 2015-16 fiscal year and following fiscal years for the purposes of (1) a statewide purchasing agreement for office productivity software for students, teachers, and other staff of NC public schools and (2) for the provision of technical support and professional development involving the use of the software. 

Amends Section 11.9 of SL 2015-241, concerning the competitive grant program for NC public schools, to establish the Office of Principal Preparation (Office) within the State Education Assistance Authority (Authority) for the purposes of (1) the awarding competitive grants; (2) developing and overseeing the selection and on-going process, renewal, and reporting components; (3) building a portfolio of approved technical assistance providers to grantees; and (4) working with educational communities across North Carolina for the implementation of the specified programs. Sets out provisions governing the Office director and staff, including specified administrative policies and information. Provides that the Office will issue an initial RFP with guidelines and criteria for the grants no later than January 1, 2016. Also provides that by March 1, 2016, the Office must recommend to the Authority recipients of the grants.

Adds new section 11.9(m) concerning the extension of deadlines for the competitive grant program, allowing extension of the specified deadlines for good faith effort to meet the deadlines, given that the deadlines can only be extended by an additional 30 days. 

Sets out how the $500,000, beginning with the 2016-17 fiscal year, allocated to the Authority can be used, with (1) $475,000 used to hire the Office director and staff and for operating expenses and (2) $25,000 used by the Authority for administrative costs regarding the creating of the program.

Deletes all provisions previously found in this section which detailed the contracting by the Authority with a nonprofit for administration for the competitive grant program. Makes conforming changes, deleting or updating references to such a nonprofit. 

Amends GS 115C-112.6(b1)(1), as enacted by Section 11.11(a) of SL 2015-241, deleting language previously found in subdivision (1) and adding new language concerning the process for tuition endorsements and reimbursements for scholarships, requiring the Authority to disburse scholarship funds, for endorsement by a student's parent or guardian, at least twice each school year for tuition for attendance to a nonpublic school that meets certain specified criteria.  Provides that the parent or guardian must restrictively endorse the funds for deposit into the account of the school. Noncompliance with such requirements can result in a forfeiture of scholarship amounts. Also provides processes for reimbursement for tuition for eligible students that enroll in one of two specified types of schools: (1) a NC public school other than the public school to which the student was assigned or (2) a nonpublic school that meets certain specified requirements and does not participate in the Opportunity Scholarship Program. Provides that if enrollment totals less than 75 days of the semester, then reimbursement will be on a pro rata reimbursement. Applies to scholarships awarded for the 2015-16 school year and each subsequent school year.

Enacts GS 116-235.5, Advanced courses, which provides that students at the NC School of Science and Mathematics or in high school courses at the NC School of the Arts must have access and be encouraged to enroll in rigorous advanced courses, with the ends being success in achieving a postsecondary education. Defines advanced course as an AP class or an International Baccalaureate Diploma Programme course. Sets out process for exempting fees for examinations for advanced courses and reimbursement to the UNC system for such fees. Amends GS 116-69 to provide that the NC School of the Arts can offer advanced courses such as those described above. 

Effective July 1, 2015. 

Intro. by Pendleton, Stam.
H 15 (2015-2016) EDUC. SOFTWARE/SWD TUITION (NEW). Filed Jan 28 2015, AN ACT TO CLARIFY THAT SOUTH PIEDMONT COMMUNITY COLLEGE MAY EARN BUDGET FTE FOR CERTAIN STUDENT COURSE ENROLLMENTS AS OTHERWISE AUTHORIZED BY STATUTE AND TO AUTHORIZE THE DEPARTMENT OF PUBLIC INSTRUCTION TO USE FUNDS TO ENTER INTO A STATEWIDE COOPERATIVE PURCHASING AGREEMENT FOR OFFICE PRODUCTIVITY SOFTWARE FOR PUBLIC SCHOOLS, TO ADOPT RULES AND POLICIES LIMITING THE NONINSTRUCTIONAL DUTIES OF TEACHERS, TO ESTABLISH THE OFFICE OF PRINCIPAL PREPARATION, TO AMEND THE PROCESS FOR TUITION ENDORSEMENTS AND REIMBURSEMENTS FOR SCHOLARSHIPS FOR STUDENTS WITH DISABILITIES, AND TO EXEMPT STUDENTS AT THE SCHOOL OF SCIENCE AND MATHEMATICS AND THE SCHOOL OF THE ARTS FROM PAYING FEES FOR ADVANCED PLACEMENT EXAMS.

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

Amendment #1

Amends the long title.

Amends Section 10.11(b) of SL 2015-241, the Appropriations Act, concerning the federal Youth Career Connect Grant awarded to Anson County Schools for 2014-18, which requires students to enroll in community college classes, adding new language that provides that the South Piedmont Community College cannot earn budget FTE for such student enrollments under this grant, unless the student course enrollment is authorized in GS 115D-20(4)a, which authorizes specified course enrollment through certain programs.

Amendment #2

Amends the long title.

Repeals Section 8.45 of SL 2015-241, which repealed GS 115C-47(18a)b.

Amends GS 115C-47(18a), making technical changes and providing that teachers with 27 or more years of experience are not assigned extracurricular activities unless those absences from participation would prevent the safe and effective operation of the school.

Amendment #3

Amends GS 115C-296(b)(1), as amended by Section 8.46(a) of SL 2015-241, concerning continued licensure of a teacher, providing for continued licensure of retired teachers who (1) have 30 years or more of teaching experience upon retirement and (2) serve as a substitute teacher or are employed by a local school administrative unit in a part-time position, providing any of the specified services (previously, continued licensure was contingent on the retired teacher serving as a substitute teacher at least once every three years after retirement, and no other part-time employment was acceptable). Also directs the State Board of Education to include in its standards for continued licensure that retired teachers must have at least 640 hours of documented employment in a local school administrative unit and at least one continuing education credit each renewal cycle (previously, for continued licensure, had to serve as a substitute, plus 640 hours of documents substitute teaching each renewal cycle plus certain professional development education hours). Effective September 1, 2015, applying with the beginning of the 2015-16 school year. 

Intro. by Pendleton, Stam.GS 115C
H 98 (2015-2016) 2015 BUDGET TECHNICAL CORRECTIONS (NEW). Filed Feb 23 2015, AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2015.

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

Makes the following changes to SL 2015-241 (The Appropriations Act).

Section 1.1

Amends Section 2.2(f), providing that the effective date for the specified transfers to the State Controller is July 1, 2015 (was, June 30, 2015), the first day of the new fiscal year.

Section 1.2

Amends GS 143C-9-3(a), as amended by Section 6.24, deleting language which previously provided that the "Settlement Reserve Fund", a special fund, is located in the Office of State Budget and Management.

Section 1.3

Amends Section 6.20(b)(1)a, deleting the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund from the list of funds and fees under the Department of Environment and Natural Resources (DENR) which can be reviewed by the Senate Appropriations/Base Budget Committee and the House of Representatives Appropriations Committee for the purposes of determining if such funds, programs, etc should continue, have funding reduced, or be eliminated altogether. Makes conforming changes.

Section 1.4

Amends Section 30.18A(c) concerning the $750 compensation bonus for specified state employees, providing that the bonus will be processed and paid out separately from the December 2015 payroll, and cannot be combined with any other payment. 

Section 2.1

Amends Section 7.3.(a), concerning the table which demonstrates the appropriations for the Information Technology Reserve Fund for the 2015-17 fiscal biennium, adjusting down the amount allocated to the IT Restructuring line item and adds a new line item for E-Forms/Digital Signatures with an associated allocation of $762,115 for each fiscal year.

Section 2.2

Amends GS 143B-1302(d),  concerning the applicability of the State ethics act to the personnel of the Department of Information Technology making a clarifying change.

Section 2.4

Transfers eight specified positions from the Information Technology Internal Service Fund to the Information Technology Reserve Fund.

Section 2.5

Provides that $762,115 allocated to the Information Technology Reserve Fund for each year of the fiscal biennium must be used to support development of enterprise electronic forms and digital signatures capability. 

Section 2.6

Provides that the requirement for "Process Management" in the Appropriations Act is moved from the  Information Technology Reserve Fund to the Information Technology Fund.

Section 2.8

Amends GS 143B-1305(c), adding the Department of Military and Veterans Affairs to the list of agencies that will participate in the transitioning and consolidation of information technology functions to the Department of Information Technology.

Section 2.9

Amends Section 7.9(d), changing a statutory reference, providing that the provisions concerning data center operations do not apply to agencies exempt under GS 143B-1300(b) (was, GS 147-33.80).

Section 2.11

Amends GS 143B-1306(c) deleting language that provided that the Department had to consult and assist State agencies in regards to information technology plans only when a request was made pursuant to GS Chapter 143B, Part 3, Share Information Technology Services. Now provides such consultation and assistance is provided upon request.

Section 2.12

Makes clarifying changes to GS 143B-1312(c), concerning the consolidation of participating agency information technology personnel.

Section 2.13

Amends GS 143B-1312(e), providing that non-exempt employees that are transferred into the Department of Information Technology from participating agencies do not become exempt to the NC Human Resources Act solely because of the transfer.

Section 2.14 

Amends GS 143B-1323(d), concerning the reporting of estimates and budgets for information technology good and services, making a clarifying change.

Section 2.16

Amends GS 143B-1338(a), providing that the State CIO will have approval authority over all agency website funding (previously, also had authority over all agency website content). 

Section 2.18

Provides that out of the funds appropriated to the Information Technology Reserve Fund for IT Restructuring, some of the funds must be used to fund a Business and Technology Applications Specialist position.

Section 2.20

Amends GS 143B-1323, concerning the procurement of information technology by adding a new subsection (k) that provides that contracts concerning such procurement must comply with the requirements of GS Chapter 64, Article 2, provisions concerning verification of work authorization. 

Section 2.21

Amends Section 7.11 by adding a new subsection that provides that agency information technology requests for proposals (RFPs) must meet the three specified requirements, including having interagency RFPs approved by the head of each affected agency. 

Section 3.1

Amends Section 8.27(c) concerning the Innovation Fund Grant, providing that community colleges cannot earn budget FTE for student enrollments pursuant to this grant, unless such enrollment is otherwise authorized as specified. 

Section 3.2

Amends Section 9.4 concerning the annual salary for permanent full-time and part-time noncertified public school employees, providing that if they are supported from the General Fund then they cannot be legislatively increased for the 2015-17 fiscal biennium, but can be increased otherwise under the law. 

Section 3.3

Adds a new subsection (c) to Section 9.5 which provides that subsection (a) of the same section cannot be construed to modify the compensation of persons initially employed as assistant principals prior to July 1, 2009, for work performed prior to July 1, 2015. 

Section 3.4 

Amends Section 10.11(b) concerning the federal Youth Career Connect Grant awarded to Anson County Schools for 2014-18, which requires students to enroll in community college classes, adding new language that provides that the South Piedmont Community College cannot earn budget FTE for such student enrollments under this grant, unless the student course enrollment is authorized in GS 115D-20(4)a, which authorizes specified course enrollment through certain programs.

Section 3.5

Adds new Section 11.24(a) to the bill, concerning funds for the Academic Summer Bridge Program, reducing the allocated amounts for the program by $119,300 in recurring funds each fiscal year of the 2015-17 fiscal biennium. Increases the management flexibility reduction for UNC by $119,300 for each year of the 2015-17 fiscal biennium, and requires that same amount to be used to decrease the reduction of funds for the Academic Summer Bridge Program.

Section 3.6

Provides that Appalachian State University must use appropriated funds to establish a pilot program to recruit and retain students as teachers for high need licensure areas. Specifies how funds can be used.

Section 3.7

Amends GS 115C-296.13(e), concerning annual state board of education reports, providing that the educator preparation program report cards must be submitted to the Joint Legislative Education Oversight Committee on an annual basis by December 15 (was, November 15).

Section 3.8

Adds new section to the bill concerning the Excellent Public Schools Act, prohibiting any funds appropriated to the Department of Public Instruction from being used for the Excellent Public Schools Act, sets out permissible uses of appropriated amounts.

Section 3.9

Amends GS 116-143.3A(a)(3) deleting language that defined a veteran as, among other things, as someone released from specified service under conditions other than dishonorable service for purposes of qualifying for tuition payment.

Section 4.1

Adds new Section 12A.18 which directs DHHS, Division of Central Management and Support, to reduce it contractual services as specified. 

Section 4.2 

Amends Section 12C.10(c) concerning appropriations to DHHS for information technology costs, correcting a reference to the Division of Social Services with Central Management and Support. 

Section 4.4 

Amends Section 12F.16(1) concerning the Medicaid lock-in program, providing that the report due to the Joint Legislative Program Evaluation Oversight Committee must be remitted by September 30, 2016 (was, September 30, 2015). 

Section 4.5

Amends Section 12F.16(m)(4) concerning participation on the Prescription Drug Abuse Advisory Committee changing a reference to the Rural Health Section of the Division of Public Health to the Office of Rural Health, DHHS.

Section 4.6 

Amends Section 12I.1(w) concerning the Substance Abuse Prevention and Treatment Block Grant replacing references to the Department of Administration, Division of Veterans Affairs, with the Department of Military and Veterans Affairs, created pursuant to Section 24.1 of the appropriations act. 

Section 4.7

Amends Section 12H.17 concerning reimbursement cost settlements, changing the effective date for the section to October 1, 2015 (was July 1, 2015).

Section 4.8

Amends Section 12F.2(b) concerning allocations for single stream funding of DMH/DD/SAS, adding language that clarifies that nothing in the included requirements can be construed to require LME/MCOS to maintain same level of services for individuals who were paid with through single stream funding. Sets out further limitations.

Section 5.1

Amends Section 13.4 adding an effective date of October 1, 2015.

Section 5.2

Amends the lead-in language for Section 13.5 and adds an effective date of October 1, 2015. 

Section 5.2A

Makes a technical correction to the title of Section 14.1.

Section 5.2B

Amends Section 14.10A(d) replacing a reference to the Environmental Management Commission with the Marine Fisheries Commission in regards to adopting rules to amend 15A NCAC 03O .0503(g) (Scientific or Educational Activity Permit). 

Section 5.2C

Amends Section 14.24, deleted the word "Wetlands" from the section title and the provisions.

Section 5.4

Makes technical and clarifying changes to Section 14.30(a)(5) and 14.30(d)

Amends GS 143B-135.186 to provide that the Director of the Division of North Carolina Aquariums will make nominations for local advisory committees for NC Aquariums (previously, nominations came form the Director of the Office of Marine Affairs). 

Amends GS 143B-135.188 concerning fees and funds for NC Aquariums, adding clarifying language that the NC Aquarium Fund is to be used for the specified purposes with respect to the aquariums and piers operated by the Division of NC Aquariums. Adds clarifying language concerning the use and purposes of funds. Amends GS 143B-135.225 concerning the Museum of Natural Sciences fees and funds, making technical corrections. Amends Section 14.30(aa), making a technical correction. Amends Section 14.30(nnn1) and (nnn3), allowing positions in the Department of Environmental Quality to be transferred or eliminated (was, eliminated only). 

Amends Section 14.30 by adding a new subsection titled "Conforming Rules Changes", and adding language  directing the Codifier of Rules to make conforming rule changes as necessary to reflect transfers, name changes, recodifications, etc.

Section 5.5

Amends Section 14.11(g), which prohibits charging school groups fess for visiting specified attractions to add that the prohibition does not apply to a separate admission charge for a special program.

Section 5.6

Amends GS 113-202.1 to extend the duration of amendment to shellfish cultivation leases to authorize use of the water column from five to ten years.

Section 5.7

Adds a new section as follows. Requires $500,000 in nonrecurring funds for Shale Gas be provided to Fund Code 1735 instead of 1749. Requires the nonrecurring funding and recurring cuts to the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund be made in Fund Code 1910 instead of 1990. Requires the Petroleum Violation Escrow Cash Balance transfer be from Fund Code 64327 instead of 64347. Prohibits a reduction of $260,359 in fiscal year 2015-16 to the Solid Waste Permitting Fees operating fees budget because of the delayed effective date in the implementation of the new fee schedule.

Section 5.8

Adds a new section requiring one-fourth of the funding for the position of Deputy General Counsel be offset with receipts and sets the FTE reduction at 0.26.

Section 6.1

Adds a new section that amends GS 143B-930 as follows. Adds in the cost of storing and maintaining information in determining the fee that may be charged by the Department of Public Safety for providing information from the State Bureau of Investigation.

Section 6.2

Adds a new part as follows. Provides that the relocation of the State Capitol Police as a Section within the Highway Patrol does not affect the subject matter or territorial jurisdiction of those offices and does not entitle them to statutory increases.

Section 6.3

Makes clarifying changes to the Commission on Indigent Defense Services’ powers concerning distribution of funds appropriated under the relevant Article.

Section 7.1

Amends GS 58-36-75(a) to adjust the cost thresholds that distinguish accidents in the Safe Driver Incentive Plan for Car Insurance. Under the proposed thresholds, a "major accident" is an at-fault accident resulting in property damage of $3,085 (was, $3,000) or more; an "intermediate accident" is one that results in damage between $1,850 (was, $1,800) and $3,085; a "minor accident" is one with damage of $1,850 or less. This section becomes effective March 1, 2016. 

Section 7.2

Adds a new section requiring the position transferred from the Department of Administration to the Department of Military and Veterans Affairs be a specified Program Assistant IV, not a specified Administrative Officer II.

Section 7.3

Changes the effective date of Section 24.1 of the act, concerning the creation of the Department of Military and Veterans Affairs, from January 1, 2016, to July 1, 2015.

Amends GS 143B-1293 to expand on the fund that make up the NC Veterans Home Trust Fund to also include funds received by the Department of Military and Veterans Affairs. Adds that the provisions concerning the trust fund to not prohibit the use of special agency accounts by the Department of Military and Veterans Affairs.

Section 7.4

Makes Section 25.1 of the act, concerning stopping fraud and abuse of taxpayer dollars, to add that the requirement to submit a report applies to audits conducted or undertaken on or after October 1, 2015. Adds that the State Auditor or an internal auditor is not prohibited from submitting a report detailing deceptive acts or practices founds during an audit conducted before the effective date of the section.

Section 7.5

Amends GS 147-86.42, which includes the definitions for use in Article 6D, Sudan Divestment Act, by amending the definition of indirect holdings to include securities held through index funds, commingled funds, limited partnerships, derivative instruments, or any other similar investment instrument.

Amends GS 147-86.44 to delete the provision stating that subsection (c) and (d) of the statute do not apply to indirect holdings in actively managed investment funds, instead those provisions do not apply to indirect holdings.

Amends GS 147-69.1 by expanding on the State Treasurer’s options in investing the cash of the General Fund, Highway Fund and Highway Trust Fund, to allow repurchase agreements with respect to securities eligible for investment by the statute executed by a registered broker-dealer that is subject to the rules and regulations of the US Securities and Exchange Commission and is a member in good standing of the Financial Industry Regulatory Authority.

This section is effective when it becomes law.

Section 7.6

Adds a new section requiring the two positions in the Intervention Task Force of the Local Government Commission to assist local government entities as being at risk of financial failure to be funded with receipts.

Section 7.7

Repeals Section 22A.1 of SL 2014-100, which discontinued the use of automatic scoring and screening of applications for state government employment.

Section 8.1

Amends Section 29.1 to correct a reference to the State Transportation Improvement Program.

Section 8.2

Amends GS 20-88.03 (late fees for motor vehicle registration) by adding that the 15 day grace period does not apply to late fees assessed under the statute. Also specifies that nothing in the statute requires the Division of Motor Vehicles to assess a late fee if, on or before the date the registration expires, the owner surrenders the plate. These changes are effective July 1, 2016.

Section 9.1

Amends the allowed capital projects to correct the name of the Fort Fisher Aquarium Salt Water Well.

Section 9.2

Amends Section 31.8 of the act to provide that $250,000 of the funds appropriated for armory and facility development projects in 2015-16 must be used to provide funds (was, to provide a State match to federal funds) for planning of construction of a NC National Guard facility. Changes the location of the facility to require that it be within 10 miles of the specified location.

Section 9.3

Amends GS 143C-3-3, concerning the requirement of advanced planning conduct with funds other than General Fund appropriations when UNC makes a capital fund request for construction of a new facility or rehab an existing facility, to add that funds other than General Fund appropriations includes funds carried forward from one fiscal year to another.

Section 10.1

Makes a technical change to GS 105-122(b)(1).

Makes a technical change to GS 105-129.103(h).

Corrects a statutory reference in Section 32.14 of the act.

Make clarifying changes to the effective date of Section 29.34A.

Amends GS 105-524 (concerning the distribution of additional sales tax revenue for economic development, public education, and community colleges) to clarify references to various Articles and adds in references to SL 1967-1096. Adds that if after apply the allocation percentages to each taxing county, the resulting total of the amounts allocated is greater or less than the net proceeds to be distributed, the amount allocated must be proportionally adjusted. Amends the allocation of the monthly amount to the taxing counties by specifying revenue and calculations that are not included. Amends GS 105-469, GS 105-522, GS 105-523 by add that the references in the relevant provisions do not include the adjustments made under GS 105-524.

Makes technical corrections to GS 105-130.3C and GS 105-164.3.

Makes the repeal of GS 105-102.3 (privilege tax on banks) effective June 30 (was, July 1), 2016.

Section 10.2

Deletes proposed Section 32.14A and replaces it with the following. Requires the Revenue Laws Study Committee to study the calculation of the sales factor under GS 105-130.4(l) using market based sourcing. Requires corporate taxpayers that meet three specified conditions with respect to taxable year beginning 2014 to file an informational report with the Department of Revenue (Department). Requires the Department to publish guidelines for computing the sales factor based on market-based sourcing. Sets out provisions that the guidelines are to be based on. Sets out requirements for the informational reports. Sets the due date of the informational report at April 15, 2016. Requires a $5,000 penalty for failure to timely file the report.

Section 11.1

Unless otherwise indicated, this act is effective July 1, 2015.

Intro. by Dollar.APPROP
H 126 (2015-2016) MORTGAGE ORIGINATION SUPPORT REGISTRATION. Filed Mar 2 2015, AN ACT TO AUTHORIZE THE OFFICE OF THE COMMISSIONER OF BANKS TO IMPLEMENT A REGISTRATION SYSTEM FOR PERSONS ENGAGED EXCLUSIVELY IN THE PROCESSING OR UNDERWRITING OF RESIDENTIAL MORTGAGE LOANS AND NOT ENGAGED IN THE MORTGAGE BUSINESS.

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

Changes the effective date of the act (with the exception of Section 3, which is effective when the act becomes law) from October 1, 2015, to November 1, 2015. 

Intro. by Hardister, Szoka, Meyer, S. Ross.GS 53
H 259 (2015-2016) GENERAL GOVERNMENT TECHNICAL CORRECTIONS.-AB Filed Mar 17 2015, AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2015.

Senate committee amendments make the following changes to the 1st edition.

Amendment #1 deletes all provisions of the previous edition and replaces it with the following.

Section 1.1

Amends Section 2.2(f), providing that the effective date for the specified transfers to the State Controller is July 1, 2015 (was, June 30, 2015), the first day of the new fiscal year.

Section 1.2

Amends GS 143C-9-3(a), as amended by Section 6.24, deleting language which previously provided that the "Settlement Reserve Fund", a special fund, is located in the Office of State Budget and Management.

Section 1.3

Amends Section 6.20(b)(1)a, deleting the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund from the list of funds and fees under the Department of Environment and Natural Resources (DENR) which can be reviewed by the Senate Appropriations/Base Budget Committee and the House of Representatives Appropriations Committee for the purposes of determining if such funds, programs, etc should continue, have funding reduced, or be eliminated altogether. Makes conforming changes.

Section 2.1

Amends Section 7.3.(a), concerning the table which demonstrates the appropriations for the Information Technology Reserve Fund for the 2015-17 fiscal biennium, adjusting down the amount allocated to the IT Restructuring line item and adds a new line item for E-Forms/Digital Signatures with an associated allocation of $762,115 for each fiscal year.

Section 2.2

Amends GS 143B-1302(d),  concerning the applicability of the State ethics act to the personnel of the Department of Information Technology making a clarifying change.

Section 2.4

Transfers eight specified positions from the Information Technology Internal Service Fund to the Information Technology Reserve Fund.

Section 2.5

Provides that $762,115 allocated to the Information Technology Reserve Fund for each year of the fiscal biennium must be used to support development of enterprise electronic forms and digital signatures capability. 

Section 2.6

Provides that the requirement for "Process Management" in the Appropriations Act is moved from the  Information Technology Reserve Fund to the Information Technology Fund.

Section 2.8

Amends GS 143B-1305(c), adding the Department of Military and Veterans Affairs to the list of agencies that will participate in the transitioning and consolidation of information technology functions to the Department of Information Technology.

Section 2.9

Amends Section 7.9(d), changing a statutory reference, providing that the provisions concerning data center operations do not apply to agencies exempt under GS 143B-1300(b) (was, GS 147-33.80).

Section 2.12

Makes clarifying changes to GS 143B-1312(c), concerning the consolidation of participating agency information technology personnel.

Section 2.13

Amends GS 143B-1312(e), providing that non-exempt employees that are transferred into the Department of Information Technology from participating agencies do not become exempt to the NC Human Resources Act solely because of the transfer.

Section 2.14 

Amends GS 143B-1323(d), concerning the reporting of estimates and budgets for information technology good and services, making a clarifying change.

Section 2.16

Amends GS 143B-1338(a), providing that the State CIO will have approval authority over all agency website funding (previously, also had authority over all agency website content). 

Section 2.18

Provides that out of the funds appropriated to the Information Technology Reserve Fund for IT Restructuring, some of the funds must be used to fund a Business and Technology Applications Specialist position.

Section 2.20

Amends GS 143B-1323, concerning the procurement of information technology by adding a new subsection (k) that provides that contracts concerning such procurement must comply with the requirements of GS Chapter 64, Article 2, provisions concerning verification of work authorization. 

Section 3.1

Amends Section 8.27(c) concerning the Innovation Fund Grant, providing that community colleges cannot earn budget FTE for student enrollments pursuant to this grant, unless such enrollment is otherwise authorized as specified. 

Section 3.2

Amends Section 9.4 concerning the annual salary for permanent full-time and part-time noncertified public school employees, providing that if they are supported from the General Fund then they cannot be legislatively increased for the 2015-17 fiscal biennium, but can be increased otherwise under the law. 

Section 3.3

Adds a new subsection (c) to Section 9.5 which provides that subsection (a) of the same section cannot be construed to modify the compensation of persons initially employed as assistant principals prior to July 1, 2009, for work performed prior to July 1, 2015. 

Section 3.4 

Amends Section 10.11(b) concerning the federal Youth Career Connect Grant awarded to Anson County Schools for 2014-18, which requires students to enroll in community college classes, adding new language that provides that the South Piedmont Community College cannot earn budget FTE for such student enrollments under this grant, unless the student course enrollment is authorized in GS 115D-20(4)a, which authorizes specified course enrollment through certain programs.

Section 3.5

Adds new Section 11.24(a) to the bill, concerning funds for the Academic Summer Bridge Program, reducing the allocated amounts for the program by $119,300 in recurring funds each fiscal year of the 2015-17 fiscal biennium. Increases the management flexibility reduction for UNC by $119,300 for each year of the 2015-17 fiscal biennium, and requires that same amount to be used to decrease the reduction of funds for the Academic Summer Bridge Program.

Section 3.6

Provides that Appalachian State University must use appropriated funds to establish a pilot program to recruit and retain students as teachers for high need licensure areas. Specifies how funds can be used.

Section 3.7

Amends GS 115C-296.13(e), concerning annual state board of education reports, providing that the educator preparation program report cards must be submitted to the Joint Legislative Education Oversight Committee on an annual basis by December 15 (was, November 15).

Section 3.8

Adds new section to the bill concerning the Excellent Public Schools Act, prohibiting any funds appropriated to the Department of Public Instruction from being used for the Excellent Public Schools Act, sets out permissible uses of appropriated amounts.

Section 3.9

Amends GS 116-143.3A(a)(3) deleting language that defined a veteran as, among other things, as someone released from specified service under conditions other than dishonorable service for purposes of qualifying for tuition payment.

Section 4.1

Adds new Section 12A.18 which directs DHHS, Division of Central Management and Support, to reduce it contractual services as specified. 

Section 4.2 

Amends Section 12C.10(c) concerning appropriations to DHHS for information technology costs, correcting a reference to the Division of Social Services with Central Management and Support. 

Section 4.4 

Amends Section 12F.16(1) concerning the Medicaid lock-in program, providing that the report due to the Joint Legislative Program Evaluation Oversight Committee must be remitted by September 30, 2016 (was, September 30, 2015). 

Section 4.5

Amends Section 12F.16(m)(4) concerning participation on the Prescription Drug Abuse Advisory Committee changing a reference to the Rural Health Section of the Division of Public Health to the Office of Rural Health, DHHS.

Section 4.6 

Amends Section 12I.1(w) concerning the Substance Abuse Prevention and Treatment Block Grant replacing references to the Department of Administration, Division of Veterans Affairs, with the Department of Military and Veterans Affairs, created pursuant to Section 24.1 of the appropriations act. 

Section 4.7

Amends Section 12H.17 concerning reimbursement cost settlements, changing the effective date for the section to October 1, 2015 (was July 1, 2015).

Section 4.8

Amends Section 12F.2(b) concerning allocations for single stream funding of DMH/DD/SAS, adding language that clarifies that nothing in the included requirements can be construed to require LME/MCOS to maintain same level of services for individuals who were paid with through single stream funding. Sets out further limitations.

Section 5.1

Amends Section 13.4 adding an effective date of October 1, 2015.

Section 5.2

Amends the lead-in language for Section 13.5 and adds an effective date of October 1, 2015. 

Section 5.2A

Makes a technical correction to the title of Section 14.1.

Section 5.2B

Amends Section 14.10A(d) replacing a reference to the Environmental Management Commission with the Marine Fisheries Commission in regards to adopting rules to amend 15A NCAC 03O .0503(g) (Scientific or Educational Activity Permit). 

Section 5.2C

Amends Section 14.24, deleted the word "Wetlands" from the section title and the provisions.

Section 5.4

Makes technical and clarifying changes to Section 14.30(a)(5) and 14.30(d)

Amends GS 143B-135.186 to provide that the Director of the Division of North Carolina Aquariums will make nominations for local advisory committees for NC Aquariums (previously, nominations came form the Director of the Office of Marine Affairs). 

Amends GS 143B-135.188 concerning fees and funds for NC Aquariums, adding clarifying language that the NC Aquarium Fund is to be used for the specified purposes with respect to the aquariums and piers operated by the Division of NC Aquariums. Adds clarifying language concerning the use and purposes of funds. Amends GS 143B-135.225 concerning the Museum of Natural Sciences fees and funds, making technical corrections. Amends Section 14.30(aa), making a technical correction. Amends Section 14.30(nnn1) and (nnn3), allowing positions in the Department of Environmental Quality to be transferred or eliminated (was, eliminated only). 

Amends Section 14.30 by adding a new subsection titled "Conforming Rules Changes", and adding language  directing the Codifier of Rules to make conforming rule changes as necessary to reflect transfers, name changes, recodifications, etc.

Section 5.5

Amends Section 14.11(g), which prohibits charging school groups fess for visiting specified attractions to add that the prohibition does not apply to a separate admission charge for a special program.

Section 5.6

Amends GS 113-202.1 to extend the duration of amendment to shellfish cultivation leases to authorize use of the water column from five to ten years.

Section 5.7

Adds a new section as follows. Requires $500,000 in nonrecurring funds for Shale Gas be provided to Fund Code 1735 instead of 1749. Requires the nonrecurring funding and recurring cuts to the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund be made in Fund Code 1910 instead of 1990. Requires the Petroleum Violation Escrow Cash Balance transfer be from Fund Code 64327 instead of 64347. Prohibits a reduction of $260,359 in fiscal year 2015-16 to the Solid Waste Permitting Fees operating fees budget because of the delayed effective date in the implementation of the new fee schedule.

Section 5.8

Adds a new section requiring one-fourth of the funding for the position of Deputy General Counsel be offset with receipts and sets the FTE reduction at -0.26.

Section 6.2

Adds a new part as follows. Provides that the relocation of the State Capitol Police as a Section within the Highway Patrol does not affect the subject matter or territorial jurisdiction of those offices and does not entitle them to statutory increases.

Section 6.3

Makes clarifying changes to the Commission on Indigent Defense Services’ powers concerning distribution of funds appropriated under the relevant Article.

Section 7.1

Amends GS 58-36-75(a) to adjust the cost thresholds that distinguish accidents in the Safe Driver Incentive Plan for Car Insurance. Under the proposed thresholds, a "major accident" is an at-fault accident resulting in property damage of $3,085 (was, $3,000) or more; an "intermediate accident" is one that results in damage between $1,850 (was, $1,800) and $3,085; a "minor accident" is one with damage of $1,850 or less. This section becomes effective March 1, 2016. 

Section 7.2

Adds a new section requiring the position transferred from the Department of Administration to the Department of Military and Veterans Affairs be a specified Program Assistant IV, not a specified Administrative Officer II.

Section 7.3

Changes the effective date of Section 24.1 of the act, concerning the creation of the Department of Military and Veterans Affairs, from January 1, 2016, to July 1, 2015.

Amends GS 143B-1293 to expand on the fund that make up the NC Veterans Home Trust Fund to also include funds received by the Department of Military and Veterans Affairs. Adds that the provisions concerning the trust fund to not prohibit the use of special agency accounts by the Department of Military and Veterans Affairs.

Section 7.4

Makes Section 25.1 of the act, concerning stopping fraud and abuse of taxpayer dollars, to add that the requirement to submit a report applies to audits conducted or undertaken on or after October 1, 2015. Adds that the State Auditor or an internal auditor is not prohibited from submitting a report detailing deceptive acts or practices founds during an audit conducted before the effective date of the section.

Section 7.5

Amends GS 147-86.42, which includes the definitions for use in Article 6D, Sudan Divestment Act, by amending the definition of indirect holdings to include securities held through index funds, commingled funds, limited partnerships, derivative instruments, or any other similar investment instrument.

Amends GS 147-86.44 to delete the provision stating that subsection (c) and (d) of the statute do not apply to indirect holdings in actively managed investment funds, instead those provisions do not apply to indirect holdings.

Amends GS 147-69.1 by expanding on the State Treasurer’s options in investing the cash of the General Fund, Highway Fund and Highway Trust Fund, to allow repurchase agreements with respect to securities eligible for investment by the statute executed by a registered broker-dealer that is subject to the rules and regulations of the US Securities and Exchange Commission and is a member in good standing of the Financial Industry Regulatory Authority.

This section is effective when it becomes law.

Section 7.6

Adds a new section requiring the two positions in the Intervention Task Force of the Local Government Commission to assist local government entities as being at risk of financial failure to be funded with receipts.

Section 7.7

Repeals Section 22A.1 of SL 2014-100, which discontinued the use of automatic scoring and screening of applications for state government employment.

Section 8.1

Amends Section 29.1 to correct a reference to the State Transportation Improvement Program.

Section 8.2

Amends GS 20-88.03 (late fees for motor vehicle registration) by adding that the 15 day grace period does not apply to late fees assessed under the statute. Also specifies that nothing in the statute requires the Division of Motor Vehicles to assess a late fee if, on or before the date the registration expires, the owner surrenders the plate. These changes are effective July 1, 2016.

Section 9.1

Amends the allowed capital projects to correct the name of the Fort Fisher Aquarium Salt Water Well.

Section 9.2

Amends Section 31.8 of the act to provide that $250,000 of the funds appropriated for armory and facility development projects in 2015-16 must be used to provide funds (was, to provide a State match to federal funds) for planning of construction of a NC National Guard facility. Changes the location of the facility to require that it be within 10 miles of the specified location.

Section 9.3

Amends GS 143C-3-3, concerning the requirement of advanced planning conduct with funds other than General Fund appropriations when UNC makes a capital fund request for construction of a new facility or rehab an existing facility, to add that funds other than General Fund appropriations includes funds carried forward from one fiscal year to another.

Section 10.1

Makes a technical change to GS 105-122(b)(1).

Makes a technical change to GS 105-129.103(h).

Corrects a statutory reference in Section 32.14 of the act.

Make clarifying changes to the effective date of Section 29.34A.

Amends GS 105-524 (concerning the distribution of additional sales tax revenue for economic development, public education, and community colleges) to clarify references to various Articles and adds in references to SL 1967-1096. Adds that if after apply the allocation percentages to each taxing county, the resulting total of the amounts allocated is greater or less than the net proceeds to be distributed, the amount allocated must be proportionally adjusted. Amends the allocation of the monthly amount to the taxing counties by specifying revenue and calculations that are not included. Amends GS 105-469, GS 105-522, GS 105-523 by add that the references in the relevant provisions do not include the adjustments made under GS 105-524.

Makes technical corrections to GS 105-130.3C and GS 105-164.3.

Makes the repeal of GS 105-102.3 (privilege tax on banks) effective June 30 (was, July 1), 2016.

Section 10.2

Deletes proposed Section 32.14A and replaces it with the following. Requires the Revenue Laws Study Committee to study the calculation of the sales factor under GS 105-130.4(l) using market based sourcing. Requires corporate taxpayers that meet three specified conditions with respect to taxable year beginning 2014 to file an informational report with the Department of Revenue (Department). Requires the Department to publish guidelines for computing the sales factor based on market-based sourcing. Sets out provisions that the guidelines are to be based on. Sets out requirements for the informational reports. Sets the due date of the informational report at April 15, 2016. Requires a $5,000 penalty for failure to timely file the report.

Section 11.1

Unless otherwise indicated, this act is effective July 1, 2015.

Amendment #2

Adds a new section allowing the funds appropriated to the Mountain Area Health Education Center for 2015-17 to be used for psychiatry residencies in the Center's service area.

H 259 (2015-2016) GENERAL GOVERNMENT TECHNICAL CORRECTIONS.-AB Filed Mar 17 2015, AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2015.

Senate amendments make the following changes to committee amendment #1, which amended the 1st edition.

Amendment #3 make a technical correction to the guidelines that must be published by the Department of Revenue for computing the sales factor based on market-based sourcing.

Amendment #4 requires that the Department of Revenue's guidelines for computing the sales factor based on market-based sourcing be published on or before February 1, 2016.

H 272 (2015-2016) APPOINTMENTS BILL 2015 (NEW). Filed Mar 17 2015, AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE MINORITY LEADER OF THE SENATE.

AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE MINORITY LEADER OF THE SENATE. Enacted September 29, 2015. Effective September 29, 2015.

Intro. by Richardson.UNCODIFIED
H 647 (2015-2016) EPI PENS IN ALL CHILD-SERVING BUSINESSES. Filed Apr 13 2015, AN ACT AUTHORIZING HEALTH CARE PROVIDERS TO PRESCRIBE, AND PHARMACISTS TO DISPENSE, EPINEPHRINE AUTO-INJECTORS TO AUTHORIZED CHILD-SERVING ENTITIES OTHER THAN SCHOOLS FOR THE EMERGENCY TREATMENT OF ANAPHYLAXIS.

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

Amends GS 90-21.15A, concerning the emergency treatment using epinephrine auto-injectors as follows. Adds to the definition of the term authorized entity that any person, corporation, or other entity that owns or operates any entity or organization listed is considered an authorized entity. Requires that an authorized entity that acquires and stocks epinephrine auto-injectors must make a good faith effort to store the supply in accordance with the manufacturer's instructions and any additional requirements that may be established by the Department of Health and Human Services (DHHS). Clarifies that employees or agents of an authorized entity or other individuals authorized to use the auto-injectors to perform specified activities must have completed the training required by the statute. Provides that an authorized entity that chooses to acquire and stock a supply of auto-injectors must designate employees or agents to complete an anaphylaxis training program. Makes organizational changes. Requires that the online training program be offered by (1) a nationally recognized organization experienced in training laypersons in emergency health treatment, (2) an entity or individual approved by DHHS, or (3) an online training course that has been approved in another state. Clarifies that the individuals listed are immune from criminal liability and from suit in any civil action brought by any person for injuries or related damages that result from any act or omission taken under the statute. Makes conforming changes. Removes exclusion from immunity for gross negligence. Adds that nothing in the statute creates or imposes any duty, obligation, or basis for liability on any authorized entity, any employee or agent of an authorized entity, or any other individual to acquire, possess, store, make available, or administer an epinephrine auto-injector. 

Changes the effective date of the act from October 1, 2015, to December 31, 2015.

Intro. by McGrady, Avila, Stevens, Glazier.GS 90
H 658 (2015-2016) ADDITIONAL OPERATING FUNDS/EASTERN 4-H CENTER. (NEW) Filed Apr 13 2015, AN ACT TO PROVIDE ADDITIONAL OPERATING FUNDS FOR THE EASTERN 4‑H CENTER.

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

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

Appropriates $367,000 for 2015-16 from the General Fund to the UNC Board of Governors, NC State University, Agriculture Extension Service, to provide additional operating funds to the Eastern 4-H Center. Effective July 1, 2015.

Changes the act's titles.

Intro. by Elmore, Whitmire, Steinburg, Blackwell.APPROP
H 735 (2015-2016) DPS CHANGES. (NEW) Filed Apr 14 2015, AN ACT TO MAKE VARIOUS CHANGES RELATED TO THE DEPARTMENT OF PUBLIC SAFETY.

Senate committee substitute makes the following changes to the 3rd edition.

Amends the short and long titles.

Deletes all of the provisions of the previous edition and replaces them with the following.

Amends SL 2015-241, the Appropriations Act, adding new section 16A.9, prohibiting the allocation of $333,557 from budget code 23002 to the State Bureau of Investigation (SBI) to update the Statewide Automated Fingerprint Identification System (SAFIS). Provides that the Department of Public Safety (DPS) can use up to $3 million in over-realized receipts during the 2015-17 fiscal biennium for replacement of the SAFIS.

Amends GS 143B-930(a) to allow costs of storing and maintaining public information to be added to the fee to be charged by the DPS for the disbursement of information from the State Bureau of Investigation at the request of a citizen. 

Amends GS 15A-502(a2) and GS 15A-502(a4), as enacted by Section 11.(h) of SL 2015-195, to require arresting law enforcement agencies to submit fingerprints of those charged with the specified misdemeanor offenses only to the SBI (previously required the fingerprints and the offense to be submitted to the National Criminal Instant Background Check System and to the SBI). Effective October 1, 2015.

Amends GS 143B-911(a), as amended by Section 16A.7(f) of SL 2015-241, concerning the State Capitol Police, adding language that provides that the Chief, special officers, and employees of the State Capitol Police Section are not considered members of the State Highway Patrol.

Unless otherwise noted above, the act is effective on July 1, 2015.  

Intro. by C. Graham, Pierce.APPROP, GS 15A, GS 143B
H 924 (2015-2016) HIGHWAY SAFETY/OTHER CHANGES. Filed Apr 16 2015, AN ACT TO CLARIFY WHEN A LAW ENFORCEMENT OFFICER IS REQUIRED TO REQUEST A BLOOD SAMPLE WHEN CHARGING THE OFFENSE OF MISDEMEANOR DEATH BY VEHICLE, CLARIFY THE LAW GOVERNING PROHIBITED USE OF RED AND BLUE LIGHTS, REPEAL CERTAIN MANDATORY REPORTING REGARDING PSEUDOEPHEDRINE PRODUCTS, CLARIFY THE SUBPOENA AUTHORITY OF THE DIRECTOR OF THE SBI, PROVIDE FOR UPSET BIDS FOR LEASES OF MINERAL DEPOSITS ON STATE LANDS, INCREASE THE COST LIMIT ON WORK THAT CAN BE PERFORMED BY GOVERNMENTAL FORCE ACCOUNT LABOR, AND REPEAL THE DONATE LIFE NC MATCHING FUNDS REQUIREMENT.

Conference report makes the following changes to the 5th edition. 

Retains the exclusion in current law of GS 143-135, governing force account labor for public contracts, for construction or repair work undertaken by the State of North Carolina that does not exceed a total cost of $125,000 or a labor cost of $50,000. 

Raises the exclusion levels to $500,000 (total cost) or $200,000 (labor cost) for construction or repair work undertaken by a subdivision of the state. 

Makes technical changes. 

Intro. by Burr.GS 15A, GS 20, GS 106, GS 143, GS 146

The Daily Bulletin: 2015-09-29

PUBLIC/SENATE BILLS
S 37 (2015-2016) WAIVE TUITION/FALLEN OFFICER WAS GUARDIAN. Filed Feb 4 2015, AN ACT TO PROVIDE THAT THE TUITION WAIVER FOR SURVIVORS OF LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, OR RESCUE SQUAD WORKERS AND CERTAIN OTHERS ALSO APPLIES TO CHILDREN WHOSE LEGAL GUARDIANS OR LEGAL CUSTODIANS ARE LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, OR RESCUE SQUAD WORKERS.

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

Changes the effective date of the act so that it is applicable beginning with the 2016 spring academic semester (was, the 2015 fall semester).

Intro. by Apodaca.GS 115B
S 119 (2015-2016) GSC TECHNICAL CORRECTIONS 2015. Filed Feb 25 2015, AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER AMENDMENTS TO THE STATUTES AND SESSION LAWS.

The House committee substitute to the 3rd edition and the House amendments to the 4th edition are to be summarized.

Intro. by Hartsell.
S 279 (2015-2016) AMEND QUAL./COUNSELING/LOCAL PREEMPTION. (NEW) Filed Mar 12 2015, AN ACT AMENDING THE PROFESSIONAL COUNSELORS ACT TO MODIFY EDUCATIONAL QUALIFICATIONS FOR THE PRACTICE OF COUNSELING AND TO REQUIRE LOCAL BOARDS OF EDUCATION TO ADDRESS SEX TRAFFICKING PREVENTION AND AWARENESS.

Conference report makes the following changes to the 4th edition.

Amends the short and long titles.

Amends GS 90-336(b2), concerning educational requirements to be a "licensed professional counselor associate," for applicants that apply for licensure on or after July 1, 2022, providing that the required master's degree in counseling or a related field can come from an institution of higher education accredited by the Council for Accreditation of Counseling and Related Educational Programs or another regional accreditation agency recognized by the Council for Higher Education Accreditation (previously, did not provide for other regional accreditation agency). 

Amends GS 95-25.1, known as the "Wage and Hour Act,"  adding language that provides that the provisions of the Article supersede and preempt any ordinance or resolution adopted by any municipality or county that regulates compensation, wage levels, hours of labor, payment of wages, benefits, leave, or well-being of minors in the workforce. Sets out exemptions, providing that the local government preemption does not apply to (1) a local government regulating, compensating, or controlling its own employees; (2) economic development incentives awarded under the One North Carolina Fund; (3) any requirements of federal community development block grants; and (4) community development programs and activities by cities or counties. Makes conforming changes to the section's catchline. 

Amends GS 41A-2, concerning the Fair Housing Act, adding language that provides that the provisions of the Chapter supersede and preempt any ordinance or resolution adopted by any municipality or county that regulates or imposes requirements on businesses concerning housing practices. Sets out exemptions, providing that the local government preemption does not apply to (1) a local government regulating by policy or practice property owned by the local government; (2) any ordinance adopted pursuant to GS 160A-499.2, concerning fair housing ordinances as specified; (3) any requirements of federal community development block grants; and (4) specified urban redevelopment projects.  Makes conforming changes to the section's catchline. 

Enacts new GS 42-14.5 concerning local government preemption in regards to landlord and tenant law, providing that except as specified, the provisions of GS Chapter 42, Landlord and Tenant, supersede and preempt any ordinance or resolution adopted by any city or county that regulates or imposes requirements on businesses pertaining to the rights and duties of any landlord or tenant. 

Amends GS 42A-2, concerning the Vacation Rental Act, providing that, except as provided, the provisions of this Chapter supersede and preempt any ordinance or resolution adopted by any city or county that regulates or imposes requirements on businesses pertaining to the rights and duties of any landlord or tenant.

Amends GS 153A-121, concerning general ordinance-making powers of a county, making clarifying and organizational changes and adding language that provides that counties cannot adopt any ordinance for the regulation or control of the employment practices of nongovernmental businesses located in that county. However, provides that this limitation does not apply to the (1) regulation of sexually oriented businesses; (2) regulation of solicitation campaigns, flea markets, and itinerant merchants; and (3) requirements of federal community development block grants. Also provides that counties cannot adopt ordinances mandating or prohibiting the provision of goods, services, or accommodation to any member of the public by nongovernmental businesses. Specifies certain exemptions to this limitation. 

Amends GS 160A-174, concerning general ordinance making powers of a city, adding language that provides that cities cannot adopt any ordinance for the regulation or control of the employment practices of nongovernmental businesses located in that city. However, provides that this limitation does not apply to the (1) regulation of sexually oriented businesses; (2) regulation of solicitation campaigns, flea markets, and itinerant merchants; (3) requirements of federal community development block grants; and (4) the regulation of taxis. Also provides that cities cannot adopt ordinances mandating or prohibiting the provision of goods, services, or accommodation to any member of the public by nongovernmental businesses. Specifies certain exemptions to this limitation. 

All of the above (except changes to GS 90-336) is effective when this act becomes law, provided that any pending enforcement of any ordinance in violation of the above provisions must cease when the act becomes effective. 

Intro. by Barefoot.GS 41A, GS 42, GS 42A, GS 90, GS 95, GS 115C, GS 153A, GS 160A
S 561 (2015-2016) FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS (NEW). Filed Mar 26 2015, AN ACT TO APPROPRIATE ADDITIONAL FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS.

House committee substitute makes the following changes to the 3rd edition. Deletes the content of the previous edition and replaces it with the following.

Appropriates $2.8 million for 2015-16 and $2.8 million for 2016-17 from the General Fund to the UNC Board of Governors to be allocated to the State Education Assistance Authority to fund special education scholarships awarded and disbursed under GS 115C-112.6. Effective July 1, 2015.

Changes the act's titles.

Intro. by Barefoot, Rucho.APPROP
S 670 (2015-2016) TERM LIMITS FOR BOG MEMBERS. Filed Mar 26 2015, AN ACT TO LIMIT MEMBERS OF THE UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS TO THREE TERMS, AND BY ESTABLISHING A PROCESS FOR SELECTION OF A PRESIDENT OF THE UNIVERSITY OF NORTH CAROLINA.

House amendment #3 amends amendment #2 to the 3rd edition by deleting the following requirements for the UNC Board of Governors (BOG) when conducting a search for a new system president: (1) that the names and credentials of the three final candidates must be made public ten business days before the Board makes its selection; also that the names and credentials were to be placed on the UNC website; and (2) that the Board must have at least one meeting at which the final three candidates are discussed in open session. Adds language to the amendment that provides that the BOG can appoint an interim president. Provides that the provisions and requirements of GS 116-14(a1) do not apply when appointing an interim president. Makes conforming changes.   

Intro. by Apodaca.GS 116
S 694 (2015-2016) REEGAN'S RULE/ENFORCE PHARM. BEN. MGMT. (NEW) Filed Mar 26 2015, AN ACT TO ENCOURAGE PARENT EDUCATION DURING WELL‑CHILD VISITS AT SPECIFIC AGE INTERVALS REGARDING TYPE I DIABETES AND TO AMEND THE LAW PERTAINING TO PHARMACY BENEFIT MANAGERS.

House committee substitute makes the following changes to the 3rd edition.

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

Enacts new GS 130A-221.5 encouraging physicians, physician assistants, or certified nurse practitioners who provide well-child care to educate and discuss the warning signs and symptoms of Type I diabetes with parents at least once at six specified age intervals, starting at birth and ending at sixty months of age. Effective December 1, 2015.

Enacts new GS 58-56A-10, Civil penalties for violations; administrative procedure, to Article 56A of Chapter 58, which specifically concerns the management of pharmacy benefits, subjecting pharmacy benefits managers to civil penalties for specified violations, if such violations are deemed to be a general business practice. More specifically, provides for the Commissioner of Insurance to assess monetary penalties or petition the Wake County Superior Court for an order of restitution. Specifies that monetary penalties can range from $100 to $1,000 per day per prescription drug for each prescription found to be improperly reimbursed. Allows the Commissioner of Insurance to petition for restitution to the victim or for the reimbursement of Department costs related to the investigation and hearing. Also allows the Commissioner of Insurance to contract with consultants and other professionals for the purposes of such investigations and hearings. Effective July 1, 2016.

Changes the act's titles.

Intro. by Newton, Lee, Daniel.GS 58, GS 130A
S 694 (2015-2016) REEGAN'S RULE/ENFORCE PHARM. BEN. MGMT. (NEW) Filed Mar 26 2015, AN ACT TO ENCOURAGE PARENT EDUCATION DURING WELL‑CHILD VISITS AT SPECIFIC AGE INTERVALS REGARDING TYPE I DIABETES AND TO AMEND THE LAW PERTAINING TO PHARMACY BENEFIT MANAGERS.

House amendment makes the following changes to the 4th edition. 

Inserts a word to proposed GS 58-56A-10 to allow courts to order a pharmacy benefits manager to make restitution to the Department of Insurance for administrative expenses that are extraordinary

Makes clarifying changes to proposed GS 58-56A-10.  

Intro. by Newton, Lee, Daniel.GS 58, GS 130A
S 721 (2015-2016) ADJOURNMENT RESOLUTION. Filed Sep 23 2015, A JOINT RESOLUTION ADJOURNING THE 2015 REGULAR SESSION OF THE GENERAL ASSEMBLY TO A DATE CERTAIN AND LIMITING THE MATTERS THAT MAY BE CONSIDERED UPON RECONVENING.

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

Adjusts the date of adjournment of the House of Representatives and Senate from September 29 to September 30, 2015. 

Changes the date by which a bill affecting the State budget must be introduced in the House or filed for introduction in the Senate to be eligible for consideration in the 2016 session. The new date is May 10, 2016 (was, May 9). 

Intro. by Apodaca.UNCODIFIED

The Daily Bulletin: 2015-09-29

LOCAL/HOUSE BILLS
H 526 (2015-2016) STANFIELD ANNEXATION/LOCUST DEANNEXATION (NEW). Filed Apr 1 2015, AN ACT TO DEANNEX CERTAIN DESCRIBED PROPERTY FROM THE CITY OF LOCUST AND ANNEX THAT SAME DESCRIBED PROPERTY INTO THE TOWN OF STANFIELD.

Conference report makes the following changes to the 4th edition.

Deletes the provision adding described property to the corporate limits of Waynesville. Makes conforming changes, including amending the act's long title.

Intro. by Burr.Stanly
H 531 (2015-2016) VARIOUS OCCUPANCY TAX CHANGES (NEW). Filed Apr 1 2015, AN ACT TO AUTHORIZE WAYNE COUNTY AND THE CITY OF SANFORD TO LEVY A ROOM OCCUPANCY TAX; TO AUTHORIZE MOORE COUNTY TO LEVY AN ADDITIONAL THREE PERCENT ROOM OCCUPANCY TAX; TO CREATE A SPECIAL TAXING DISTRICT MADE UP OF ALL AREAS IN HARNETT COUNTY EXCLUSIVE OF THE AVERASBORO TOWNSHIP AND TO AUTHORIZE THAT SPECIAL TAXING DISTRICT TO LEVY A SIX PERCENT ROOM OCCUPANCY TAX; AND TO MAKE CHANGES TO THE CUMBERLAND COUNTY OCCUPANCY TAX AND PREPARED FOOD TAX.

Conference report makes the following changes to the 3rd edition.

Amends the long title.

Deletes all of the provisions from the bill which previously concerned the Moore County occupancy tax, the City of Sanford occupancy tax, the Harnett County occupancy tax, and the Cumberland County occupancy tax and prepared food tax. Makes conforming changes. 

Intro. by J. Bell, Dixon, L. Bell.Cumberland, Harnett, Lee, Moore, Wayne

The Daily Bulletin: 2015-09-29

ACTIONS ON BILLS

Actions on Bills: 2015-09-29

PUBLIC BILLS

H 8: COURT OF APPEALS ELECTION MODIFICATIONS (NEW).

    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified

H 15: EDUC. SOFTWARE/SWD TUITION (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 98: 2015 BUDGET TECHNICAL CORRECTIONS (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

H 126: MORTGAGE ORIGINATION SUPPORT REGISTRATION.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A1
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Finance
    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 09/30/2015

H 215: PROCEDURE FOR WAIVER OF JURY TRIAL.

    Ratified

H 259: GENERAL GOVERNMENT TECHNICAL CORRECTIONS.-AB

    Senate: Reptd Fav As Amended
    Senate: Com Amend Adopted A1
    Senate: Com Amend Adopted A2
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A3
    Senate: Amend Adopted A4
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Amend
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 09/30/2015

H 272: APPOINTMENTS BILL 2015 (NEW).

    Ratified
    Ch. SL 2015-254

H 297: END MARKETING/SALE UNBORN CHILDREN BODY PARTS (NEW).

    Ratified

H 318: PROTECT NORTH CAROLINA WORKERS ACT.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified

H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)

    Senate: Conf Report Adopted
    House: Conf Report Adopted
    House: Ordered Enrolled
    Senate: Conf Report Adopted
    House: Conf Report Adopted
    House: Ordered Enrolled
    Ratified

H 436: UNAUTHORIZED PRACTICE OF LAW CHANGES.

    House: Withdrawn From Cal
    House: Re-ref Com On Judiciary I

H 482: EMPLOYEE FAIR CLASSIFICATION ACT.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 495: OSHR MODERNIZATION/TECHNICAL CHANGES.

    Ratified

H 539: CHARTER SCHOOL FUNDING. (NEW)

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 558: RESERVES & NAT. GUARD/MILITARY AFFAIRS COMM.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled
    Ratified

H 647: EPI PENS IN ALL CHILD-SERVING BUSINESSES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Added to Calendar
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified

H 658: ADDITIONAL OPERATING FUNDS/EASTERN 4-H CENTER. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 730: Next Generation 911

    Pres. To Gov. 9/29/2015

H 735: DPS CHANGES. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Added to Calendar
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled
    Ratified

H 765: REGULATORY REFORM ACT OF 2015.

    House: Conf Report Adopted
    House: Ordered Enrolled

H 805: MEASURABILITY ASSESSMENTS.

    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

H 912: TAXATION OF TRIBAL LAND AND TOBACCO PRODUCTS (NEW).

    Pres. To Gov. 9/29/2015

H 924: HIGHWAY SAFETY/OTHER CHANGES.

    House: Failed Concur In S Com Sub
    Senate: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    House: Added to Calendar
    House: Conf Report Adopted
    House: Ordered Enrolled

S 37: WAIVE TUITION/FALLEN OFFICER WAS GUARDIAN.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed on Today's Calendar
    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled
    Ratified

S 119: GSC TECHNICAL CORRECTIONS 2015.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Amend Adopted A4
    House: Amend Adopted A5
    House: Amend Adopted A6
    House: Amend Adopted A7
    House: Amendment Withdrawn A8
    House: Amend Adopted A9
    House: Passed 2nd Reading
    House: Amend Adopted A10
    House: Amend Adopted A11
    House: Amend Adopted A12
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    Senate: Special Message Received For Concurrence in H Amend
    Senate: Placed on Today's Calendar
    Senate: Failed Concur In H Com Sub
    Senate: Conf Com Appointed

S 159: CORRECTED REVAL./MINIMAL REFUNDS/PROP. TAXES. (NEW)

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled
    Ratified

S 195: MOTOR VEHICLE SERVICE AGREEMENT AMENDMENTS.

    Pres. To Gov. 09/29/2015

S 238: STALKING BY GPS/CRIMINAL OFFENSE.

    Pres. To Gov. 09/29/2015

S 279: AMEND QUAL./COUNSELING/LOCAL PREEMPTION. (NEW)

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    Senate: Conf Com Withdrawn/dismi
    Senate: Reconsidered Concurrence
    Senate: Placed on Today's Calendar
    Senate: Placed on Today's Calendar

S 313: INDUSTRIAL HEMP. (NEW)

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled
    Ratified

S 371: LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMENDS. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 10/01/2015

S 379: CEMETERIES LOCATED ON STATE PROPERTY.

    Ratified

S 513: NORTH CAROLINA FARM ACT OF 2015.

    Senate: Conf Report Adopted
    House: Conf Report Adopted
    Senate: Ordered Enrolled
    Ratified

S 519: AMEND CHILD CUSTODY LAWS (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed on Today's Calendar
    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled
    Ratified

S 524: GRAD REQUIREMENTS/SPORTS PILOT (NEW).

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled
    Ratified

S 561: FUNDS FOR SPECIAL EDUCATION SCHOLARSHIPS (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed on Today's Calendar
    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

S 605: VARIOUS CHANGES TO THE REVENUE LAWS.

    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Ref To Com On Rules and Operations of the Senate

S 670: TERM LIMITS FOR BOG MEMBERS.

    House: Amend Adopted A3
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Amend
    Senate: Placed on Today's Calendar
    Senate: Concurred In H Amend S670v3
    Senate: Ordered Enrolled

S 676: AUTISM HEALTH INSURANCE COVERAGE.

    Senate: Concurred In H Amend S676v2
    Senate: Ordered Enrolled
    Ratified

S 694: REEGAN'S RULE/ENFORCE PHARM. BEN. MGMT. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Amend
    Senate: Placed on Today's Calendar
    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled

S 698: LEGACY MEDICAL CARE FACILITY/CON EXEMPT. (NEW)

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled
    Ratified

S 721: ADJOURNMENT RESOLUTION.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

Actions on Bills: 2015-09-29

LOCAL BILLS

H 504: MOORE COUNTY OCCUPANCY TAX INCREASE.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading

H 526: STANFIELD ANNEXATION/LOCUST DEANNEXATION (NEW).

    House: Withdrawn From Com
    House: Added to Calendar
    House: Failed Concur In S Com Sub
    House: Conf Com Appointed
    Senate: Conf Com Appointed
    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    House: Conf Com Reported
    House: Added to Calendar
    Senate: Conf Report Adopted
    House: Conf Report Adopted 2nd

H 531: VARIOUS OCCUPANCY TAX CHANGES (NEW).

    Senate: Conf Com Reported
    Senate: Placed on Today's Calendar
    Senate: Conf Report Adopted
    House: Conf Com Reported
    House: Added to Calendar
    House: Conf Report Adopted
    House: Ordered Enrolled
    Ratified
    Ch. SL 2015-255

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