The Daily Bulletin: 2016-04-25

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The Daily Bulletin: 2016-04-25

PUBLIC/HOUSE BILLS
H 945 (2015-2016) UNEMPLOYMENT INSURANCE TECHNICAL CHANGES. Filed Apr 25 2016, AN ACT TO MAKE TECHNICAL, ADMINISTRATIVE, AND CLARIFYING CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON UNEMPLOYMENT INSURANCE.

Amends GS 96-11.7(c) concerning the assignment of new employer numbers for the purposes of unemployment taxes and clarifies that a new employer number will not be assigned when there is a continuity of control with an existing business enterprise, with continuity of control defined. Makes further conforming and clarifying changes regarding continuity of control being the controlling factor in assignment of new employer numbers.

Amends GS 96-4(q) concerning the powers and duties of the Division of Employment Security's Board of Review, adding language that provides that the Board of Review has the independent authority to select a hearing officer to take evidence when determining the rights, status and liabilities of an employer.

Intro. by Howard.GS 96
H 946 (2015-2016) REPEAL HB2/FUND HUMAN RELATIONS COMM. Filed Apr 25 2016, AN ACT TO REPEAL HOUSE BILL 2 OF THE 2016 SECOND EXTRA SESSION AND TO APPROPRIATE FUNDS TO THE HUMAN RELATIONS COMMISSION.

Repeals SL 2016-3 of the 2016 Second Extra Session, which included provisions concerning single-sex multiple occupancy bathroom and changing facilities, laws related to employment and contracting, and rights in employment and public accommodations. Effective March 23, 2016. Specifies that any local ordinances, resolution, regulation, or policy that was enacted before March 23, 2016, is not abated or affected by SL 2016-3 and the local ordinance, resolution, or policy that would be valid but for SL 2016-3 remains valid.

Appropriates $545,407 for 2016-17 in recurring funds from the General Fund to the Department of Administration, Human Relations Commission, to be used for operating expenses. Effective July 1, 2016.

Intro. by Jackson, Meyer, Hamilton, G. Martin.APPROP
H 947 (2015-2016) ENHANCE OVERSIGHT OF CERTAIN CAPITAL PROJECTS. Filed Apr 25 2016, AN ACT TO INCREASE LEGISLATIVE OVERSIGHT OF CERTAIN LEASES; TO ENSURE THAT ESTIMATES OF OPERATING AND MAINTENANCE COSTS ARE CENTRAL TO THE STATE CAPITAL PROJECT PLANNING PROCESS; TO REQUIRE A PRELIMINARY SIX-YEAR CAPITAL IMPROVEMENTS PLAN; AND TO REQUIRE GREATER OVERSIGHT OF CAPITAL IMPROVEMENT NEEDS CRITERIA; AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON CAPITAL IMPROVEMENTS.

Part I increases legislative oversight of certain leases:

Amends GS 146-25 to add subsections, placing existing general procedure for leases and rentals into subsection (a), and adds a new subsection (b) that addresses leases exceeding 30 term years.  New subsection (b) bars the Department of Administration (Department) from entering into a lease of real property for a period of more than 30 years, or a renewal of a lease of new property if the renewal would make the total lease term more than 30 years.  Allows the Department to enter into a lease for a period of more than 30 years if the General Assembly specifically authorizes the Department to do so, requires the Department to report to the Joint Legislative Commission on Governmental Operations at least 30 days before entering or renewing such a lease, and requires including a copy of the legislation authorizing the lease or lease renewal in the report.

Amends GS 146-29 to add subsections, placing existing general procedure for sale, lease, or rental into subsection (a), and adds new subsections (b) and (c).  New subsection (b) establishes that the Department of Administration cannot, unless specifically authorized by the General Assembly, (1) enter into a lease of real property for a period of more than 30 years, or a renewal of a lease of real property if the renewal would make the total lease term more than 30 years, or (2) enter into a lease of real property, or a renewal of a lease of real property, for any term if state personnel or state functions would need to be relocated as a result of the lease or renewal, and the agency where the property is currently allocated possesses insufficient funds to cover the cost of both the relocation and the ongoing provision of state functions affected by the relocation.  New Subsection (c) requires the Department to report to the Join Legislative Commission on Governmental Operations at least 30 days before entering or renewing a lease that will be more than 30 years, in which case the report must include the authorizing legislation, or will require relocation of state personnel or state functions, in which case the report must include authorizing legislation or a detailed statement of operating funds that will be used to cover the cost of relocation and the ongoing provision of state functions affected by the relocation.

Amends GS 146-29.1 (concerning the lease or sale of real property for less than fair market value) by adding a new subsection (h) to establish that any lease or rental entered into under the statute is subject to the requirements and limitations of GS 146-29, as amended.

Amends GS 146-29.2 (concerning the lease or interest in real property for communication purpose) by adding a new subsection (g) to establish that any lease or rental entered into under the statute is subject to the requirements and limitations of GS 146-29, as amended. 

Amends GS 146-32 (Exemptions as to leases, etc.) by creating new subsections to the statute.  Subsection (a) contains the existing language.  Provides a new subsection (b) that establishes that no rule or regulation adopted under GS 146-32(a) may exempt any lease from the rules under GS 146-25(b) or GS 146-29(b) or (c).

Part II ensures that estimates of operating and maintenance costs are central to the state capital project planning process:

Amends GS 143C-8-4 to require each project included in the Real Property and New Construction or Facility Rehabilitation Needs Estimate to be justified by reference to the needs evaluation criteria established by the Office of State Budget and Management, pursuant to GS 143C-8-3, and include the information required by GS 143C-3-3(d)(5) (was, pursuant to GS 143C-8-3).  The Office of State Budget and Management must use the needs evaluation information by the UNC Board of Governors developed under GS 116-11(9) and must include the information required by GS 143C-3-3(d)(5). GS 143C-3-3(d)(5) states that an estimate of maintenance and operating costs, including personnel, for the project, covering the first five years of operation, must accompany any state agency’s request to acquire real property, construct a new facility, expand the building area of an existing facility, or rehabilitate an existing facility.

Amends GS 143C-8-5 to require an estimate of maintenance and operating costs, including personnel for the project, covering the first five years of operation to be included in the required capital improvement plan for real property acquisition, new construction, and facility rehabilitation.  Removes this requirement from GS 143C-8-6(e).  Creates new subsection (f) in GS 143C-8-6 that requires the Director of the Budget to ensure that all recommendations in the Recommended State Budget for repairs and renovations to existing facilities, real property acquisition, new construction, or rehabilitation of existing facilities include an estimate of maintenance and operating costs for the project covering the first five years of operation, or the previous five years if there is no increase, and a recommended source of funding for those operating costs.

Part III requires a preliminary six-year capital improvement plan:

Requires the Director of the Budget to prepare and transmit a preliminary six-year capital improvement plan to the General Assembly no later than October 1, 2016, that complies with the requirements of GS 143C-8-5 and GS 143C-8-3(b), as amended.  Provides that this preliminary six-year capital improvement plan is to be prepared in addition to any other six-year capital improvement plan required by GS 143C-8-5.

Part IV requires more oversight of capital improvement needs criteria:

Amends GS 143C-8-3 to establish a new subsection (b) to require the Office of State Budget and Management (Office) to include in each six-year capital improvement plan submitted to the General Assembly as required under GS 143C-8-5 (1) the list of factors the Office developed to evaluate the need for capital improvement under GS 143C-8-3(a) and (2) the most recent results of applying those factors to capital funds requests from state agencies.

Intro. by Arp.GS 143C, GS 146
H 948 (2015-2016) AUTHORIZE APO STUDIES. Filed Apr 25 2016, AN ACT TO AUTHORIZE THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE TO STUDY CERTAIN ISSUES, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE, AND TO ALLOW THE BOARD OF PHARMACY TO OBTAIN CRIMINAL RECORD REPORTS FROM APPROVED REPORTING SERVICES.

Allows the Joint Legislative Administrative Procedure Oversight Committee (Committee) to continue to study issues related to occupational licensing boards, including considering oversight of occupational licensing boards in general, oversight of the NC State Bar, and disciplinary actions and procedures of occupational licensing boards. Allows the Committee to report the study results to the 2017 General Assembly.

Allows the Committee to study whether there are certain categories of contested cases in which the burden of proof should be placed with the agency. Allows the Committee to report on the study to the 2017 General Assembly.

Intro. by Jordan.STUDY
H 949 (2015-2016) OCCUPATIONAL LICENSING BOARD CONTACT INFO. Filed Apr 25 2016, AN ACT TO REQUIRE OCCUPATIONAL LICENSING BOARDS TO PROVIDE AND UPDATE CONTACT INFORMATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE AND TO CONFORM THE NAME OF THE GENERAL ASSEMBLY'S LEGISLATIVE ANALYSIS DIVISION.

Amends GS 93B-2 to require occupational licensing boards to give the Joint Legislative Administrative Procedure Oversight Committee (Committee) the name and contact information for the person responsible for filing the annual and financial reports required by the statute. Each occupational licensing board is required to notify the Committee within 30 days of any changes in this information.

Intro. by Jordan.GS 93B
H 950 (2015-2016) TERMINATE AGREEMENT FOR TOLLING OF I-77. Filed Apr 25 2016, AN ACT DIRECTING THE DEPARTMENT OF TRANSPORTATION TO TERMINATE THE COMPREHENSIVE AGREEMENT FOR THE I-77 HOT LANES PROJECT IN MECKLENBURG AND IREDELL COUNTIES.

Requires the Department of Transportation (DOT) to terminate the Comprehensive Agreement for the I-77 HOT Lanes project in Mecklenburg and Iredell counties. Specifies that "Comprehensive Agreement" means the Comprehensive Agreement dated as of June 26, 2014, including any amendments made to the agreement as of the effective date of this act. The State is not relieved from paying damages or other monetary penalties owed from the early termination of the agreement. Provides that if damages or monetary penalties are owed by the state because of the cancellation, then DOT must pay the amounts from unobligated funds available to DOT. Effective July 1, 2016.

Intro. by Cotham.UNCODIFIED
H 951 (2015-2016) CHANGE REPORT - BUILD. & INFRASTRUCTURE COMM. Filed Apr 25 2016, AN ACT TO CHANGE THE REPORTING DATE OF THE BLUE RIBBON COMMISSION TO STUDY THE BUILDING AND INFRASTRUCTURE NEEDS OF THE STATE, AS RECOMMENDED BY THE BLUE RIBBON COMMISSION TO STUDY THE BUILDING AND INFRASTRUCTURE NEEDS OF THE STATE.

Amends SL 2014-42 Section 8(f) by changing the final reporting date of the Blue Ribbon Commission to Study the Building and Infrastructure Needs of the State (Commission) on its findings and recommendations from the Commission's study on the building and infrastructure needs of the state, to the 2017 General Assembly (was, to the 2016 Regular Session of the 2015 General Assembly).

Intro. by Arp.STUDY
H 953 (2015-2016) ORDERED FUND TRANSFER BACK TO RICHMOND COUNTY. Filed Apr 25 2016, AN ACT TO APPROPRIATE FUNDS TO THE CLERK OF SUPERIOR COURT IN RICHMOND COUNTY TO BE ALLOCATED TO THE RICHMOND COUNTY FINANCE OFFICER PURSUANT TO G.S.115C-452, AS ORDERED BY THE COURT IN RICHMOND COUNTY BOARD OF EDUCATION V. COWELL.

Appropriates $284,500 to the Clerk of Superior Court in Richmond County for the 2016-17 fiscal year from the Statewide Misdemeanant Confinement Fund, to be allocated to the Richmond County finance officer pursuant to GS 115C-452 (establishes the procedure for distribution of fines and forfeitures collected by a court), as ordered by the court in Richmond County Board of Education v. Cowell.         Effective July 1, 2016.

Intro. by Goodman.APPROP
H 954 (2015-2016) TERMINATE AGREEMENT FOR TOLLING OF I-77. Filed Apr 25 2016, AN ACT DIRECTING THE DEPARTMENT OF TRANSPORTATION TO TERMINATE THE COMPREHENSIVE AGREEMENT FOR THE I‑77 HOT LANES PROJECT IN MECKLENBURG AND IREDELL COUNTIES; CREATING A RESERVE ACCOUNT PROVIDING FOR PAYMENT OF TERMINATION CLAIMS; REDIRECTING REMAINING RESERVE ACCOUNT FUNDS; SUSPENDING SPECIFIED PROJECTS; REMOVING AUTHORIZATION TO CONSTRUCT THE I‑77 HOT LANES PROJECT AS A PUBLIC‑PRIVATE PARTNERSHIP; AND APPROPRIATING RELATED FUNDS.

Requires the Department of Transportation (DOT) to terminate the Comprehensive Agreement for the I-77 HOT Lanes project in Mecklenburg and Iredell counties. Specifies that "Comprehensive Agreement" means the Comprehensive Agreement dated as of June 26, 2014, including any amendments made to the agreement as of the effective date of this act. The State is not relieved from paying damages owed from the early termination of the agreement. Effective September 1, 2016.

Appropriates $25,000 from the Highway Fund to the DOT in nonrecurring funds for 2016-17 to be used for legal fees incurred in determining the amount of damages that may be owed and other effects resulting from the cancellation of the Comprehensive Agreement. Effective July 1, 2016.

Intro. by Jeter, Hager, Bradford.APPROP
H 955 (2015-2016) CHANGES SPECIAL ED./OPPORTUNITY SCHOLARSHIPS. Filed Apr 25 2016, AN ACT TO APPROPRIATE FUNDS TO THE SPECIAL EDUCATION SCHOLARSHIP GRANT PROGRAM FOR CHILDREN WITH DISABILITIES AND TO MAKE CHANGES TO THAT PROGRAM AND TO MAKE CHANGES TO THE OPPORTUNITY SCHOLARSHIP GRANT PROGRAM.

Amends the definition of eligible student in GS 115C-112.5(2), for the purposes of the special education scholarships for children with disabilities, to expand eligibility (when other specified criteria are met) to children that have a parent or legal guardian who is on full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders.

Amends GS 115C-112.6(b1), concerning the disbursement of special education scholarships for children with disabilities funds. Deletes the current provisions concerning scholarship endorsement for tuition and replaces it with the following. Requires the The North Carolina State Education Assistance Authority (Authority) to disburse scholarship funds awarded to eligible students for tuition at a nonpublic school based on the method selected by the nonpublic school. Allows a nonpublic school to elect to participate in the scholarship endorsement for tuition option or the reimbursement for tuition option, and sets out provisions governing the two options. 

Provides that for the 2016-17 school year only, a child is deemed to have met the eligibility requirement of enrollment in a North Carolina public school during the previous semester under GS 115C-112.5(2)f.1. if (1) the child's parent or guardian submitted an application and was eligible to receive a scholarship grant under Part 1H (Special Education Scholarships for Children with Disabilities) of Article 9 of Chapter 115C of the General Statutes for the 2015-16 school year and was enrolled in a public school for at least 75 days during the spring semester of the 2014-15 school year or (2) the child was enrolled for at least 75 days during the spring semester of the 2015-16 school year.

Appropriates $5.8 million from the General Fund to the UNC Board of Governors in recurring funds for 2016-17 to be allocated to the State Education Assistance Authority to award special education scholarship grants for children with disabilities. Effective July 1, 2016.

Amends GS 115C-562.1(3), which defines eligible students for scholarships grants to a nonpublic school, to establish that a child whose parent or legal guardian is on full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty order under 10 USC 12301 (federal statute of Reserve components generally) and 10 USC 12401 (federal statute of Army and Air National Guard of the United States status), is eligible for the Opportunity Scholarship Grant Program.  

Amends GS 115C-562.2 by amending the way in which opportunity scholarships are to be awarded after scholarship grants have been awarded to prior recipients, to require no more than 45% (was, 35%) of the remaining funds to be used to award scholarship grants to eligible students entering kindergarten or first grade. Adds that the following kindergarten and first graders are not included in determining the number of scholarship grants allowable: (1) students who have an eligible sibling who is receiving a scholarship grant, (2) students who have a sibling attending a North Carolina public school under GS 115C-366 (assignment of student to a particular school), and (3) students who are eligible for a scholarship grant under GS 115C-562.1(3)a.6 (have a parent or legal guardian on full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserves).

Unless otherwise indicated, applies beginning with the 2016-17 school year.

Intro. by Bryan, Stam, Jordan, Blackwell.APPROP, GS 115C
H 958 (2015-2016) FELONY DEATH IMP. BOATING/SHEYENNE'S LAW. Filed Apr 25 2016, AN ACT TO PROVIDE AN INCREASED PENALTY FOR IMPAIRED BOATING RESULTING IN DEATH OR SERIOUS INJURY AND TO CLARIFY THE PENALTY FOR IMPAIRED BOATING, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON WILDLIFE RESOURCES.

Enacts new GS 75A-10.3, Death or serious injury by impaired boating; repeat offenses, establishing specified penalties for offenses committed while engaging in the offense of impaired boating, providing for the following offenses and elements:

Death by impaired boating occurs when: (1) a person unintentionally causes the death of another, (2) a person was engaged in impaired boating, and (3) impaired boating was the proximate cause of death. A violation is a Class D felony.

Serious injury by impaired boating occurs when: (1) a person unintentionally causes serious injury to another, (2) a person was engaged in impaired boating, and (3) impaired boating was the proximate cause of the serious injury. A violation is a Class F felony.

Aggravated serious injury by impaired boating occurs when: (1) a person unintentionally causes serious injury to another, (2) a person was engaged in impaired boating, (3) impaired boating was the proximate cause of the serious injury, and (4) the person has a previous conviction of impaired boating. A violation is a Class E felony.

Aggravated death by impaired boating occurs when: (1) a person unintentionally causes the death of another, (2) a person was engaged in impaired boating, (3) impaired boating was the proximate cause of death, and (4) the person has a previous conviction of impaired boating within seven years of the date of the offense. A violation is a Class D felony.

Repeat death by impaired boating occurs when: (1) person commits either death by impaired boating or aggravated death by impaired boating and (2) the person has previously been convicted of either of those offenses, or murder or manslaughter while engaged in impaired boating. A violation is a Class B2 felony.

Includes a double jeopardy disclaimer, prohibiting double prosecuting for offenses arising out of same death. 

Amends GS 75A-10(b4) concerning punishment for impaired boating, clarifying there is a penalty once a person has been convicted and the fine is in addition to any other penalty imposed. 

Effective December 1, 2016, applying to offenses committed on or after that date. 

Intro. by Pittman, Fraley, Ford, J. Bell.GS 75A
H 959 (2015-2016) DOT PROPOSED LEGISLATIVE CHANGES. Filed Apr 25 2016, AN ACT TO MAKE VARIOUS CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.

Identical to S 723, filed 4/25/16.

Amends GS 136-11.1 (Local consultation on transportation projects) by providing that "Action of the Board" (which requires notification to the affected city or county so that they can respond to the project) includes approval by the Board of individual applications for access and public service road projects, contingency projects, small urban projects, and spot safety projects that exceed $250,000 (was, projects that exceed $150,000).

Amends GS 136-18(2) (Powers of Department of Transportation) by dividing existing subsection (2) into subsubsections (a) through (e).  Establishes in new GS 136-18(2)c2 the power of the Department of Transportation (Department) to locate and acquire additional rights-of-way as necessary for the present or future relocation or initial location, above or below ground, of nonutility owned or operated communications or data transmission infrastructure.  Establishes that no agreement for use of Department right-of-way under subsubdivision GS 136-18(2)c retracts the Department's ownership and control of the right-of-way.  Authorizes the Department to adopt policies and rules necessary to implement the provisions of subsubdivision GS 136-18(2)c and to charge a one-time fee to defray the Department's administrative cost of reviewing encroachment submittals, payable upon initial application for the encroachment.  Makes technical changes.  Effective July 1, 2016.

Amends GS 136-89.214(a) (Bill for unpaid open road toll) to provide that the North Carolina Turnpike Authority (Authority) must send a bill by first class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle under GS 136-89.212(b) (establishing the criteria for a person to have care, custody, and control of a vehicle) for the amount of the unpaid toll, or with the written consent of the registered owner of the vehicle or the person who had care, custody and control of the vehicle, the Authority may send the bill by electronic mail to a designated electronic mail account rather than by first-class mail (was, must send a bill by first-class mail).

Repeals GS 136-89.193(c) to eliminate the requirement for the North Carolina Transit Authority (Authority) to submit semiannual reports to the Joint Legislative Transportation Oversight Committee (Committee) summarizing the Authority's activities during the preceding six months and any information requested by the Committee.

Amends GS 143B-135.100 (Use of State land for bicycling) to eliminate the requirement for notice of any land restricted or removed from use by bicyclists under GS 143B-135.100(b) to be filed with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation (Division).  Eliminates the requirement for the Division  to keep a record of all lands made open and available for use by bicyclists under GS 143B-135.100 and make that information available to the public upon request. Eliminates the requirement for the Wildlife Resource Commission (Commission) to file notice of the Commission's restrictions on the use of bicycles on game lands where necessary to protect sensitive wildlife habitat or species to the Division.

Amends GS 20-7(m) to eliminate applicants for certification under GS 20-218 (Standard qualifications for school bus drivers) as school bus drivers from the applicants to whom the Division of Motor Vehicles may issue restricted instruction permits.  Amends GS 20-37.13(e) to eliminate the provision that states GS 20-7(m) governs the issuance of a restricted instruction permit for a prospective school bus driver.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-37.13(e) to provide that a commercial learner's permit is valid for a period not to exceed 180 days (was, for a period not to exceed six months and may be renewed or reissued only once within a two-year period).  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-17.4(g) to establish that any person holding a commercial learner's permit or commercial driver's license or required to have a commercial learner's permit or commercial driver's license convicted for violating an out-of-service order shall be disqualified (except as provided in GS 20-17.4(h)) as follows: (1) A person is disqualified from driving a commercial vehicle for a period of no less than 180 days and no more than one year (was, a period of 90 days) if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a first violation of an out-of-service order). (2) A person is disqualified for a period of no less than two years and no more than five years (was, a period of one year) if convicted of a second violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period (was, if convicted of a second violation of an out-of-service order during any 10-year period), arising from separate incidents. (3) A person is disqualified for a period of no less than three years and no more than five years (was, a period of three years) if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a third or subsequent violation of an out-of-service order) during any 10-year period, arising from separate incidents.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-17.4(h) (Violation of out-of-service order - special rule for hazardous materials and passenger offenses) to establish that any person holding a commercial learner's permit or commercial driver's license or required to have a commercial learner's permit or commercial driver's license convicted for violating an out-of-service order while transporting hazardous materials, as defined by 49 CFR 383.5, or while operating a commercial vehicle designed or used to transport 16 or more passengers (was, 15 passengers), including the driver, must be disqualified as follows: (1) A person is disqualified for a period of no less than 180 days and no more than two years (was, a period of 180 days) if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a first violation of an out-of-service order). (2) A person is disqualified for a period of no less than three years and no more than five years (was, a period of three years) if convicted of a second or subsequent violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a second or subsequent violation of an out-of-service order) during any 10-year period, arising from separate incidents. Establishes new subsubsection (3) providing that a person is disqualified for a period of no less than three years and no more than five years if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period, arising from separate incidents.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends Article 2C of Chapter 20 of the General Statutes by enacting new GS 20-37.13A (Medical qualifications standards; waiver for intrastate drivers), which directs that all commercial driver's license holders and applicants for commercial driver's licenses must meet the medical qualifications standards under 49 CFR 391.41 (Federal qualifications of drivers and longer combination vehicle driver instructors).  Allows any person unable to meet the medical qualifications standards under 49 CFR 391.41 to apply for a medical waiver, in writing and submitted to the Division of Motor Vehicles (Division), that, if approved, will authorize intrastate operation of a commercial motor vehicle for no more than two years.  Provides that any person granted an intrastate commercial driver's license waiver is permitted to maintain a commercial driver's license and operate a commercial motor vehicle in intrastate commerce provided that (1) the commercial driver's license must display a restriction to signify it is only valid for intrastate operation, (2) the holder of the license must submit to medical recertifications at intervals set by the Division, (3) the holder of the license must timely submit all documentation required by the Division, and (4) failure to meet any condition within the time period allowed will result in an automatic downgrade of the license holder's commercial driver's license to a Class C regular driver's license.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-66 by adding a new subsection (g1) that establishes that the registration of a vehicle renewed by means of a new registration plate expires at midnight on February 15 of each year.  Effective October 1, 2016.

Amends GS 20-7(f) (Duration and renewal of licenses) to provide that the Division of Motor Vehicles (Division) must issue to the applicant a temporary driving certificate valid for 60 days (was, valid for 20 days, and 60 days for a commercial drivers license).  Establishes that the temporary driving certificate is valid for driving purposes and cannot be valid for identification purposes, except when conducting business with the Division and not otherwise prohibited by federal law (was, valid for driving purposes only and cannot be valid for identification purposes).  Effective January 1, 2017.

Amends GS 20-7(c) (Issuance and renewal of drivers licenses, tests) to direct the Division of Motor Vehicles to require sign and symbol testing upon issuance of a license, and require vision testing as part of in-person, in-office renewals of a license.  Effective October 1, 2016.

Amends GS 20-7.1(a) (Notice of change of address or name) to provide that a person who has provided an e-mail or electronic address to the Division of Motor Vehicles (Division) under GS 20-48(a) (Giving of notice) must notify the Division of any change or discontinuance of that e-mail or electronic address within 30 days after the change or discontinuance.  Amends GS 20-48(a) by providing that instead of providing notice by personal delivery or United States mail, the Division may give notice under GS Chapter 20 by e-mail or other electronic means if the person to be notified has consented to receiving notices by electronic means and has provided the Division an e-mail address or other like electronic address for receiving notices.  Makes conforming changes to GS 20-7.1(a) and enacts new subsection GS 20-7.1(a1) to provide that any person who consents to electronic notification must notify the Division in accordance with GS 20-7.1(a), and if a person fails to notify the Division of any change or discontinuance of an electronic notification, any notices sent to the original or discontinued address will be deemed to have been received by the person and a copy of the Division's records is sufficient evidence that notice was sent to the person named in the record, at the physical or electronic address indicated in the record, and for the purpose indicated in the record.  Effective October 1, 2016.

Amends GS 20-43.1 (Disclosure of personal information in motor vehicle records) by adding a new subsection (f) that establishes that e-mail addresses or other electronic addresses provided to the Division of Motor Vehicles are personal information for purposes of GS 20-43.1 and can only be disclosed in accordance with GS 20-43.1.  Effective October 1, 2016.

Amends GS 20-53 (Application for specially constructed, reconstructed, or foreign vehicle) subsection (e) to provide that no title can be issued to an initial applicant for out-of-state vehicles that are 1980 model year or older (was, out-of-state vehicles that are 35 years old) or older.  Makes conforming changes.  Effective January 1, 2017.

Amends GS 20-57 (Division to issue certificate of title and registration card) subsection (c) to eliminate requirement that every owner must sign the registration card, upon receipt, with ink in the space provided.  Repeals GS 20-176(a1)(2) that made it an infraction for a person to sign the vehicle registration card in violation of GS 20-57(c).  Effective December 1, 2016, and applies to registration cards issued on or after that date.

Amends GS 20-4.01(27) (Definition of "passenger vehicles" under Chapter 20, Article 1 - Division of Motor Vehicles) by adding a new subsubsection (c2) to define motor-driven bicycle to mean a vehicle with two or three wheels, a steering handle, one or two saddle seats, pedals, and a motor that cannot propel the vehicle at a speed of more than 20 miles per hour on a level surface.  Amends GS 20-4.01(27)(d1), by defining moped as a vehicle, other than a motor-driven bicycle that has two or three wheels, no external shifting device, and a motor that does not exceed 50 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface, powered by electricity, alternative fuel, motor fuel, or a combination of each (was, as defined by GS 105-164.3, Sales and use tax).  Amends GS 20-4.01(23), defining a motor vehicle to not include mopeds or motor-driven bicycles [was, to not include mopeds as defined in GS 20-4.01(27)(d1)].  Repeals GS 20-4.01(21a), which defined moped as a type of passenger vehicle as defined in GS 105-164.3.  Effective December 1, 2016.

Intro. by Iler, Torbett.GS 20, GS 136, GS 143B
H 960 (2015-2016) RETIREMENT CREDITABLE SERVICE CHARTER SCHOOLS. Filed Apr 25 2016, AN ACT TO MODIFY THE ABILITY OF A MEMBER OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM TO PURCHASE CREDIT FOR EMPLOYMENT IN A CHARTER SCHOOL OPERATED BY A PRIVATE NONPROFIT CORPORATION AND TO REQUIRE COST ESTIMATES FOR STATUTORY CHANGES TO SERVICE PURCHASE PROVISIONS.

Amends GS 135-4 (Retirement System for Teachers and State Employees) subsection (cc), which establishes provisions for credit for employment in a charter school operated by a private nonprofit corporation.  Allows any member to purchase creditable service for any employment as an employee of a charter school operated by a private nonprofit corporation whose board of directors did not elect to participate in the Retirement System under GS 135-5.3 (Optional participation for charter schools operated by private nonprofit corporations) upon completion of five years of membership service (was, upon completion of five years of membership service after that charter school employment) by making a lump-sum payment into the Annuity Savings Fund.  Establishes that creditable service purchased under GS 135-4 cannot exceed a total of five years.  

Repeals GS 135-8(b)(5)(d) (Annuity Savings Fund, Employment in a charter school) that required prior approval by the Board of Trustees to purchase creditable service and required the member employed at a charter school to make monthly contributions into the Annuity Savings Fund in an amount equal to the employee contribution plus the employer normal and accrued liability contribution on the basis of the compensation the member was earning immediately prior to the interrupted service by employment in a charter school.

Intro. by R. Turner.GS 135

The Daily Bulletin: 2016-04-25

PUBLIC/SENATE BILLS
S 723 (2015-2016) DOT PROPOSED LEGISLATIVE CHANGES. Filed Apr 25 2016, AN ACT TO MAKE VARIOUS CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.

Amends GS 136-11.1 (Local consultation on transportation projects) by providing that "Action of the Board" (which requires notification to the affected city or county so that they can respond to the project) includes approval by the Board of individual applications for access and public service road projects, contingency projects, small urban projects, and spot safety projects that exceed $250,000 (was, projects that exceed $150,000).

Amends GS 136-18(2) (Powers of Department of Transportation) by dividing existing subsection (2) into subsubsections (a) through (e).  Establishes in new GS 136-18(2)c2 the power of the Department of Transportation (Department) to locate and acquire additional rights-of-way as necessary for the present or future relocation or initial location, above or below ground, of nonutility owned or operated communications or data transmission infrastructure.  Establishes that no agreement for use of Department right-of-way under subsubdivision GS 136-18(2)c retracts the Department's ownership and control of the right-of-way.  Authorizes the Department to adopt policies and rules necessary to implement the provisions of subsubdivision GS 136-18(2)c and to charge a one-time fee to defray the Department's administrative cost of reviewing encroachment submittals, payable upon initial application for the encroachment.  Makes technical changes.  Effective July 1, 2016.

Amends GS 136-89.214(a) (Bill for unpaid open road toll) to provide that the North Carolina Turnpike Authority (Authority) must send a bill by first class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle under GS 136-89.212(b) (establishing the criteria for a person to have care, custody, and control of a vehicle) for the amount of the unpaid toll, or with the written consent of the registered owner of the vehicle or the person who had care, custody and control of the vehicle, the Authority may send the bill by electronic mail to a designated electronic mail account rather than by first-class mail (was, must send a bill by first-class mail).

Repeals GS 136-89.193(c) to eliminate the requirement for the North Carolina Transit Authority (Authority) to submit semiannual reports to the Joint Legislative Transportation Oversight Committee (Committee) summarizing the Authority's activities during the preceding six months and any information requested by the Committee.

Amends GS 143B-135.100 (Use of State land for bicycling) to eliminate the requirement for notice of any land restricted or removed from use by bicyclists under GS 143B-135.100(b) to be filed with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation (Division).  Eliminates the requirement for the Division  to keep a record of all lands made open and available for use by bicyclists under GS 143B-135.100 and make that information available to the public upon request. Eliminates the requirement for the Wildlife Resource Commission (Commission) to file notice of the Commission's restrictions on the use of bicycles on game lands where necessary to protect sensitive wildlife habitat or species to the Division.

Amends GS 20-7(m) to eliminate applicants for certification under GS 20-218 (Standard qualifications for school bus drivers) as school bus drivers from the applicants to whom the Division of Motor Vehicles may issue restricted instruction permits.  Amends GS 20-37.13(e) to eliminate the provision that states GS 20-7(m) governs the issuance of a restricted instruction permit for a prospective school bus driver.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-37.13(e) to provide that a commercial learner's permit is valid for a period not to exceed 180 days (was, for a period not to exceed six months and may be renewed or reissued only once within a two-year period).  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-17.4(g) to establish that any person holding a commercial learner's permit or commercial driver's license or required to have a commercial learner's permit or commercial driver's license convicted for violating an out-of-service order shall be disqualified (except as provided in GS 20-17.4(h)) as follows: (1) A person is disqualified from driving a commercial vehicle for a period of no less than 180 days and no more than one year (was, a period of 90 days) if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a first violation of an out-of-service order). (2) A person is disqualified for a period of no less than two years and no more than five years (was, a period of one year) if convicted of a second violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period (was, if convicted of a second violation of an out-of-service order during any 10-year period), arising from separate incidents. (3) A person is disqualified for a period of no less than three years and no more than five years (was, a period of three years) if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a third or subsequent violation of an out-of-service order) during any 10-year period, arising from separate incidents.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-17.4(h) (Violation of out-of-service order - special rule for hazardous materials and passenger offenses) to establish that any person holding a commercial learner's permit or commercial driver's license or required to have a commercial learner's permit or commercial driver's license convicted for violating an out-of-service order while transporting hazardous materials, as defined by 49 CFR 383.5, or while operating a commercial vehicle designed or used to transport 16 or more passengers (was, 15 passengers), including the driver, must be disqualified as follows: (1) A person is disqualified for a period of no less than 180 days and no more than two years (was, a period of 180 days) if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a first violation of an out-of-service order). (2) A person is disqualified for a period of no less than three years and no more than five years (was, a period of three years) if convicted of a second or subsequent violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a second or subsequent violation of an out-of-service order) during any 10-year period, arising from separate incidents. Establishes new subsubsection (3) providing that a person is disqualified for a period of no less than three years and no more than five years if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period, arising from separate incidents.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends Article 2C of Chapter 20 of the General Statutes by enacting new GS 20-37.13A (Medical qualifications standards; waiver for intrastate drivers), which directs that all commercial driver's license holders and applicants for commercial driver's licenses must meet the medical qualifications standards under 49 CFR 391.41 (Federal qualifications of drivers and longer combination vehicle driver instructors).  Allows any person unable to meet the medical qualifications standards under 49 CFR 391.41 to apply for a medical waiver, in writing and submitted to the Division of Motor Vehicles (Division), that, if approved, will authorize intrastate operation of a commercial motor vehicle for no more than two years.  Provides that any person granted an intrastate commercial driver's license waiver is permitted to maintain a commercial driver's license and operate a commercial motor vehicle in intrastate commerce provided that (1) the commercial driver's license must display a restriction to signify it is only valid for intrastate operation, (2) the holder of the license must submit to medical recertifications at intervals set by the Division, (3) the holder of the license must timely submit all documentation required by the Division, and (4) failure to meet any condition within the time period allowed will result in an automatic downgrade of the license holder's commercial driver's license to a Class C regular driver's license.  Effective January 1, 2017, and applies to offenses committed on or after that date.

Amends GS 20-66 by adding a new subsection (g1) that establishes that the registration of a vehicle renewed by means of a new registration plate expires at midnight on February 15 of each year.  Effective October 1, 2016.

Amends GS 20-7(f) (Duration and renewal of licenses) to provide that the Division of Motor Vehicles (Division) must issue to the applicant a temporary driving certificate valid for 60 days (was, valid for 20 days, and 60 days for a commercial drivers license).  Establishes that the temporary driving certificate is valid for driving purposes and cannot be valid for identification purposes, except when conducting business with the Division and not otherwise prohibited by federal law (was, valid for driving purposes only and cannot be valid for identification purposes).  Effective January 1, 2017.

Amends GS 20-7(c) (Issuance and renewal of drivers licenses, tests) to direct the Division of Motor Vehicles to require sign and symbol testing upon issuance of a license, and require vision testing as part of in-person, in-office renewals of a license.  Effective October 1, 2016.

Amends GS 20-7.1(a) (Notice of change of address or name) to provide that a person who has provided an e-mail or electronic address to the Division of Motor Vehicles (Division) under GS 20-48(a) (Giving of notice) must notify the Division of any change or discontinuance of that e-mail or electronic address within 30 days after the change or discontinuance.  Amends GS 20-48(a) by providing that instead of providing notice by personal delivery or United States mail, the Division may give notice under GS Chapter 20 by e-mail or other electronic means if the person to be notified has consented to receiving notices by electronic means and has provided the Division an e-mail address or other like electronic address for receiving notices.  Makes conforming changes to GS 20-7.1(a) and enacts new subsection GS 20-7.1(a1) to provide that any person who consents to electronic notification must notify the Division in accordance with GS 20-7.1(a), and if a person fails to notify the Division of any change or discontinuance of an electronic notification, any notices sent to the original or discontinued address will be deemed to have been received by the person and a copy of the Division's records is sufficient evidence that notice was sent to the person named in the record, at the physical or electronic address indicated in the record, and for the purpose indicated in the record.  Effective October 1, 2016.

Amends GS 20-43.1 (Disclosure of personal information in motor vehicle records) by adding a new subsection (f) that establishes that e-mail addresses or other electronic addresses provided to the Division of Motor Vehicles are personal information for purposes of GS 20-43.1 and can only be disclosed in accordance with GS 20-43.1.  Effective October 1, 2016.

Amends GS 20-53 (Application for specially constructed, reconstructed, or foreign vehicle) subsection (e) to provide that no title can be issued to an initial applicant for out-of-state vehicles that are 1980 model year or older (was, out-of-state vehicles that are 35 years old) or older.  Makes conforming changes.  Effective January 1, 2017.

Amends GS 20-57 (Division to issue certificate of title and registration card) subsection (c) to eliminate requirement that every owner must sign the registration card, upon receipt, with ink in the space provided.  Repeals GS 20-176(a1)(2) that made it an infraction for a person to sign the vehicle registration card in violation of GS 20-57(c).  Effective December 1, 2016, and applies to registration cards issued on or after that date.

Amends GS 20-4.01(27) (Definition of "passenger vehicles" under Chapter 20, Article 1 - Division of Motor Vehicles) by adding a new subsubsection (c2) to define motor-driven bicycle to mean a vehicle with two or three wheels, a steering handle, one or two saddle seats, pedals, and a motor that cannot propel the vehicle at a speed of more than 20 miles per hour on a level surface.  Amends GS 20-4.01(27)(d1), by defining moped as a vehicle, other than a motor-driven bicycle that has two or three wheels, no external shifting device, and a motor that does not exceed 50 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface, powered by electricity, alternative fuel, motor fuel, or a combination of each (was, as defined by GS 105-164.3, Sales and use tax).  Amends GS 20-4.01(23), defining a motor vehicle to not include mopeds or motor-driven bicycles [was, to not include mopeds as defined in GS 20-4.01(27)(d1)].  Repeals GS 20-4.01(21a), which defined moped as a type of passenger vehicle as defined in GS 105-164.3.  Effective December 1, 2016.

Intro. by Harrington, Rabon.GS 20, GS 136, GS 143B
S 724 (2015-2016) ENHANCE OVERSIGHT OF CERTAIN CAPITAL PROJECTS. Filed Apr 25 2016, AN ACT TO INCREASE LEGISLATIVE OVERSIGHT OF CERTAIN LEASES; TO ENSURE THAT ESTIMATES OF OPERATING AND MAINTENANCE COSTS ARE CENTRAL TO THE STATE CAPITAL PROJECT PLANNING PROCESS; TO REQUIRE A PRELIMINARY SIX-YEAR CAPITAL IMPROVEMENTS PLAN; AND TO REQUIRE GREATER OVERSIGHT OF CAPITAL IMPROVEMENT NEEDS CRITERIA; AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON CAPITAL IMPROVEMENTS.

Identical to H 947, filed 4/25/16.

Part I increases legislative oversight of certain leases:

Amends GS 146-25 to add subsections, placing existing general procedure for leases and rentals into subsection (a), and adds a new subsection (b) that addresses leases exceeding 30 term years.  New subsection (b) bars the Department of Administration (Department) from entering into a lease of real property for a period of more than 30 years, or a renewal of a lease of new property if the renewal would make the total lease term more than 30 years.  Allows the Department to enter into a lease for a period of more than 30 years if the General Assembly specifically authorizes the Department to do so, requires the Department to report to the Joint Legislative Commission on Governmental Operations at least 30 days before entering or renewing such a lease, and requires including a copy of the legislation authorizing the lease or lease renewal in the report.

Amends GS 146-29 to add subsections, placing existing general procedure for sale, lease, or rental into subsection (a), and adds new subsections (b) and (c).  New subsection (b) establishes that the Department of Administration cannot, unless specifically authorized by the General Assembly, (1) enter into a lease of real property for a period of more than 30 years, or a renewal of a lease of real property if the renewal would make the total lease term more than 30 years, or (2) enter into a lease of real property, or a renewal of a lease of real property, for any term if state personnel or state functions would need to be relocated as a result of the lease or renewal, and the agency where the property is currently allocated possesses insufficient funds to cover the cost of both the relocation and the ongoing provision of state functions affected by the relocation.  New Subsection (c) requires the Department to report to the Join Legislative Commission on Governmental Operations at least 30 days before entering or renewing a lease that will be more than 30 years, in which case the report must include the authorizing legislation, or will require relocation of state personnel or state functions, in which case the report must include authorizing legislation or a detailed statement of operating funds that will be used to cover the cost of relocation and the ongoing provision of state functions affected by the relocation.

Amends GS 146-29.1 (concerning the lease or sale of real property for less than fair market value) by adding a new subsection (h) to establish that any lease or rental entered into under the statute is subject to the requirements and limitations of GS 146-29, as amended.

Amends GS 146-29.2 (concerning the lease or interest in real property for communication purpose) by adding a new subsection (g) to establish that any lease or rental entered into under the statute is subject to the requirements and limitations of GS 146-29, as amended. 

Amends GS 146-32 (Exemptions as to leases, etc.) by creating new subsections to the statute.  Subsection (a) contains the existing language.  Provides a new subsection (b) that establishes that no rule or regulation adopted under GS 146-32(a) may exempt any lease from the rules under GS 146-25(b) or GS 146-29(b) or (c).

Part II ensures that estimates of operating and maintenance costs are central to the state capital project planning process:

Amends GS 143C-8-4 to require each project included in the Real Property and New Construction or Facility Rehabilitation Needs Estimate to be justified by reference to the needs evaluation criteria established by the Office of State Budget and Management, pursuant to GS 143C-8-3, and include the information required by GS 143C-3-3(d)(5) (was, pursuant to GS 143C-8-3).  The Office of State Budget and Management must use the needs evaluation information by the UNC Board of Governors developed under GS 116-11(9) and must include the information required by GS 143C-3-3(d)(5). GS 143C-3-3(d)(5) states that an estimate of maintenance and operating costs, including personnel, for the project, covering the first five years of operation, must accompany any state agency’s request to acquire real property, construct a new facility, expand the building area of an existing facility, or rehabilitate an existing facility.

Amends GS 143C-8-5 to require an estimate of maintenance and operating costs, including personnel for the project, covering the first five years of operation to be included in the required capital improvement plan for real property acquisition, new construction, and facility rehabilitation.  Removes this requirement from GS 143C-8-6(e).  Creates new subsection (f) in GS 143C-8-6 that requires the Director of the Budget to ensure that all recommendations in the Recommended State Budget for repairs and renovations to existing facilities, real property acquisition, new construction, or rehabilitation of existing facilities include an estimate of maintenance and operating costs for the project covering the first five years of operation, or the previous five years if there is no increase, and a recommended source of funding for those operating costs.

Part III requires a preliminary six-year capital improvement plan:

Requires the Director of the Budget to prepare and transmit a preliminary six-year capital improvement plan to the General Assembly no later than October 1, 2016, that complies with the requirements of GS 143C-8-5 and GS 143C-8-3(b), as amended.  Provides that this preliminary six-year capital improvement plan is to be prepared in addition to any other six-year capital improvement plan required by GS 143C-8-5.

Part IV requires more oversight of capital improvement needs criteria:

Amends GS 143C-8-3 to establish a new subsection (b) to require the Office of State Budget and Management (Office) to include in each six-year capital improvement plan submitted to the General Assembly as required under GS 143C-8-5 (1) the list of factors the Office developed to evaluate the need for capital improvement under GS 143C-8-3(a) and (2) the most recent results of applying those factors to capital funds requests from state agencies.

Intro. by Harrington.GS 143C, GS 146
S 725 (2015-2016) UNEMPLOYMENT INSURANCE TECHNICAL CHANGES. Filed Apr 25 2016, AN ACT TO MAKE TECHNICAL, ADMINISTRATIVE, AND CLARIFYING CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON UNEMPLOYMENT INSURANCE.

Identical to H 945, filed 4/25/16.

Amends GS 96-11.7(c) concerning the assignment of new employer numbers for the purposes of unemployment taxes and clarifies that a new employer number will not be assigned when there is a continuity of control with an existing business enterprise, with continuity of control defined. Makes further conforming and clarifying changes regarding continuity of control being the controlling factor in assignment of new employer numbers.

Amends GS 96-4(q) concerning the powers and duties of the Division of Employment Security's Board of Review, adding language that provides that the Board of Review has the independent authority to select a hearing officer to take evidence when determining the rights, status and liabilities of an employer.

Intro. by Rucho.GS 96
S 726 (2015-2016) IRC UPDATE. Filed Apr 25 2016, AN ACT TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE AND TO DECOUPLE FROM CERTAIN PROVISIONS OF THE FEDERAL PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015.

Under current law, North Carolina’s tax law tracks many of the provisions of the federal Internal Revenue Code (IRC) by reference to the IRC.

Amends GS 105-228.90(b)(1b) to update the reference to the IRC from January 1, 2015 to January 1, 2016, thereby including any provisions of the IRC enacted as of January 1, 2016 that became effective before or after that date.

Decouples North Carolina's tax law from certain provisions of the Federal Protecting Americans from Tax Hikes Act of 2015, more specifically this bill decouples from the permanent extension of the enhanced section 179 expensing provision. Amends GS 105-130.5B(c) and GS 105-153.6(c), regarding the adjustments made when the state decouples from federal accelerated depreciation and expensing, providing that for tax years beginning on or after 2013, North Carolina sets the deduction and investment limits of the enhanced section 179 expensing provision at $25,000 and $200,000.

Amends GS 105-153.5(a)(2) to provide that North Carolina tax law does not conform to the extension of: (1) charitable contribution provisions of the IRC that allows taxpayers that are 70 1/2 or older to deduct qualified charitable distributions from an individual retirement plan for years on or after 2014, (2) the deduction for mortgage insurance premiums as interest for tax year 2014, 2015, 2016.

Also amends GS 105-153.5(c2) to decouple from the IRC for (1) qualified principal residence indebtedness, (2) qualified tuition and related expenses, and (3) qualified charitable distributions from individual retirement plans by a person age 70 1/2 or older, for taxable years 2014, 2015, and 2016. Adds new subdivision (4) which decouples North Carolina from federal exclusion from income any amount received as a result of being wrongfully incarcerated, for taxable years before 2014.

Amends GS 015-241.6(b) by adding that if a request for a refund of an overpayment of tax under Section 139F of the Code (concerning wrongfully incarcerated individuals) for a taxable year prior to 2016 is barred, the refund may be allowed if the claim for the refund is filed by December 18, 2016. Expires December 19, 2016.

Provides that any amendments to the IRC enacted after January 1, 2015, that increase North Carolina taxable income for the 2015 taxable year, become effective for taxable years beginning on or after January 1, 2016.

Intro. by Rucho, Rabon, Tillman.GS 105
S 728 (2015-2016) LOTTERY - JLOC RECOMMENDATIONS. Filed Apr 25 2016, AN ACT TO MAKE CHANGES TO THE NORTH CAROLINA STATE LOTTERY, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON THE STATE LOTTERY.

Amends GS 18C-103, the definitions section for statutes governing the NC State Lottery, correcting a citation for video gaming machines in the definition for "game" or "lottery game." Also adds language that provides that NC State Lottery Commission is not authorized to allow video lottery terminals as an approved game or lottery game.

Amends GS 18C-162 concerning the allocation of revenues to the NC State Lottery Fund (Fund), providing that advertising costs of the Fund cannot exceed 2% of total annual revenues as specified (previously, advertising costs could not exceed 1%).  Further amends the statute to provide that all unclaimed prize money is to be directed to the Education Lottery Fund as specified (previously, 50% of the unclaimed amounts were directed to enhance prizes).

Amends 18C-163(b) concerning defined expenses of the lottery, adding language that provides that advertising costs will count towards the expenses of the lottery.

Effective July 1, 2016

Intro. by Tillman.GS 18C
S 729 (2015-2016) VARIOUS CHANGES TO THE REVENUE LAWS. Filed Apr 25 2016, AN ACT TO MAKE VARIOUS CHANGES TO THE REVENUE LAWS.

To be summarized.

Intro. by Rucho, Rabon, Tillman.
S 730 (2015-2016) SPAY AND NEUTER. Filed Apr 25 2016, AN ACT TO INCREASE ACCESS TO SPAY AND NEUTER SERVICES FOR LOW-INCOME NORTH CAROLINIANS.

Amends GS 19A-63 by amending the definition of low-income person as it applies in Article 5 (Spay/Neuter Program) of GS Chapter 19A. Low-income person now means an individual who qualifies for one or more of the programs of public assistance administered by the Department of Health and Human Services under GS Chapter 108A (Social Services) or whose annual household income is lower than 300% of the federal poverty level guidelines published by the US Department of Health and Human Services. Makes conforming changes.

Amends GS 19A-64 by modifying two of the four requirements for distributing funds when the total requests for reimbursement exceed the amounts available for distribution from the Spay/Neuter Account as follows: (1) provides that among the eligible counties and cities in development tier one areas, reimbursement must be made to each eligible county or city in the proportion that the total number of eligible spay and neuter procedures in that city or county compares to the total number of eligible reimbursement requests submitted from all cities and counties (was, in the proportion that the rate of spays and neuters per one thousand persons in that city or county compares to the total rate of spays and neuters per one thousand persons) within the total tier one area and (2) provides that among the eligible counties and cities in development tier two and three areas, reimbursement must be made to each eligible county or city in the proportion that the total number of eligible spay and neuter procedures in that city or county compares to the number of eligible reimbursement requests submitted from all cities and counties (was, in the proportion that the rate of spays and neuters per one thousand persons in that city or county compares to the number of eligible reimbursement requests submitted from all cites and counties) within the total tier two and three area.

Effective July 1, 2016.

Intro. by Smith.GS 19A
S 731 (2015-2016) RESTORE FUNDING TO DRUG COURT. Filed Apr 25 2016, AN ACT TO APPROPRIATE FUNDS TO THE ADMINISTRATIVE OFFICE OF THE COURTS TO RESTORE FUNDING TO DRUG TREATMENT COURTS ACROSS THE STATE.

Appropriates $3,185,088 from the General Fund to the Administrative Office of the Courts, in recurring funds beginning in the 2016-17 fiscal year, to be allocated to the 30 operating Drug Treatment Courts that are currently locally funded. Effective July 1, 2016.

Intro. by Smith.APPROP
S 734 (2015-2016) STATEWIDE STANDING ORDER/OPIOID ANTAGONIST. Filed Apr 25 2016, AN ACT AUTHORIZING THE STATE HEALTH DIRECTOR TO PRESCRIBE OPIOID ANTAGONIST BY MEANS OF A STATEWIDE STANDING ORDER, WITH IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR SUCH ACTION, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Amends GS 90-106.2 by adding that the State Health Director may prescribe an opioid antagonist through a statewide standing order. Also adds the State Health Director to those who have immunity from civil or criminal liability when prescribing an opioid antagonist under the statute. 

Intro. by Pate, Tucker, Robinson.GS 90
S 735 (2015-2016) APPROPRIATE FUNDS/DEMENTIA CAREGIVER PROGRAMS. Filed Apr 25 2016, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SUPPORT THE PROJECT CAREGIVER ALTERNATIVES TO RUNNING ON EMPTY PROGRAM AND THE NO WRONG DOOR TO ACCESSING BENEFITS INITIATIVE AND DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EXPLORE AND REPORT ON POSSIBLE EXPANSION OF NORTH CAROLINA'S MEDICAID HOME AND COMMUNITY BASED SERVICES WAIVER PROGRAMS, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Appropriates $500,000 for 2016-17 from the General Fund to the Department of Health and Human Services (DHHS) to be used as follows: (1) $300,000 to fund the Project Caregiver Alternatives to Running on Empty Program and (2) $200,000 to create two full-time equivalent staff positions within the Division of Aging and Adult Services to oversee development and implementation of the No Wrong Door to Accessing Benefits initiative, which must include three specified elements. Effective July 1, 2016.

Requires DHHS to report by October 1, 2016, to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice on options for expanding the number of slots and the types of services available under North Carolina’s Medical Home and Community Based Services Waiver programs. Specifies items that must be included in the report.

Intro. by Pate, Robinson.APPROP, STUDY
S 736 (2015-2016) STUDY SUICIDE PREVENTION. Filed Apr 25 2016, AN ACT DIRECTING THE APPOINTMENT OF A SUBCOMMITTEE TO STUDY SUICIDE PREVENTION, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Directs a subcommittee of the Joint Legislative Oversight Committee on Health and Human Services to meet during the interim between the 2016 and 2017 Regular Sessions for the purpose of studying the role of health care providers and other key gatekeepers in suicide prevention, particularly among individuals under age 25, firefighters, law enforcement officers, emergency medical services personnel, active duty military, and veterans. Specifies seven issues that must be included in the study. Allows the subcommittee to seek input from other states, stakeholders, and experts on suicide prevention as deemed necessary. Requires a final report to be submitted to the Joint Legislative Oversight Committee on Health and Human Services on or before November 1, 2016, after which the subcommittee is terminated.

Intro. by Pate, Robinson.STUDY
S 737 (2015-2016) CONTINUE WORKFORCE DEVELOPMENT OVERSIGHT COM. Filed Apr 25 2016, AN ACT TO CONTINUE THE JOINT LEGISLATIVE WORKFORCE DEVELOPMENT SYSTEM REFORM OVERSIGHT COMMITTEE, AS RECOMMENDED BY THE JOINT LEGISLATIVE WORKFORCE DEVELOPMENT SYSTEM REFORM OVERSIGHT COMMITTEE.

As title indicates. Now requires that the Joint Legislative Workforce Development System Reform Oversight Committee submit its final report no later than December 31, 2016, and terminates the Committee on December 31, 2016, or upon the filing of the final report, whichever occurs first. 

Intro. by Barefoot.STUDY
S 738 (2015-2016) STUDY APPRENTICESHIP INCENTIVES. Filed Apr 25 2016, AN ACT TO STUDY APPRENTICESHIP INCENTIVES, AS RECOMMENDED BY THE JOINT LEGISLATIVE WORKFORCE DEVELOPMENT SYSTEM REFORM OVERSIGHT COMMITTEE.

Requires the Department of Commerce (Department), in consultation with the North Carolina Community College System, to study and propose improvements to the NC Works Apprenticeship Program. Allows the study to include proposals to incentivize the program for businesses who participate. Requires the Department to report its findings to the Joint Legislative Workforce Development Oversight Committee and the Joint Legislative Education Oversight Committee by October 1, 2016. 

Intro. by Barefoot.STUDY
S 740 (2015-2016) COLLABORATION OF STATE AGENCIES/EARLY EDUC. Filed Apr 25 2016, AN ACT TO DIRECT CERTAIN STATE AGENCIES TO COLLABORATE ON AN ONGOING BASIS IN AN INITIATIVE TO DEVELOP AND IMPLEMENT A STATEWIDE VISION FOR EARLY CHILDHOOD EDUCATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Directs the Department of Health and Human Services (DHHS), Department of Public Instruction (DPI), and any other agencies that administer and support early education programs to use currently available resources to collaborate on developing and implementing a statewide vision for early childhood education. Requires the agencies to, at a minimum, do the following: (1) inventory and evaluate state programs and services in the area of early childhood education; (2) study the transition from NC Pre-K to public kindergarten and make any recommendations to ensure successful transition; (3) develop a comprehensive approach to early childhood education, birth through 3rd grade; and (4) require the agencies to report on any issues and recommendations, with an initial report due to the chairs of the House and Senate Appropriations Committees on Health and Human Services and the Fiscal Research Division by February 1, 2017 and a follow up report due to the Joint Legislative Oversight Committee on Health and Human Services by February 1, 2018.

Intro. by Barefoot, Pate, Hise.UNCODIFIED
S 741 (2015-2016) STATE CONTROLLER/CRIMINAL RECORD CHECKS. Filed Apr 25 2016, AN ACT AUTHORIZING CRIMINAL RECORD CHECKS OF ANY CURRENT OR PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS OF THE OFFICE OF STATE CONTROLLER, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON GENERAL GOVERNMENT.

Amends GS 143B-426.39 (Powers and duties of the State Controller) by adding a new subsection (18) to direct the State Controller to require a criminal history check of any current or prospective employee, volunteer, or contractor, to be conducted by the State Bureau of Investigation under new GS 143B-966. Provides that the criminal history report must be provided to the State Controller and is not a public record under GS Chapter 132 (Public records statutes).  

Enacts GS 143B-966, Criminal record checks for the Office of the State Controller (Office), to allow the Department of Public Safety (Department) to provide the Office of State Controller the criminal history of any current or prospective employee, volunteer, or contractor of the Office from the State and National Repositories of Criminal Histories.  The Office must provide to the Department, along with the request for the criminal background check, (1) the fingerprints of the current or prospective employee, volunteer, or contractor; (2) a form signed by the current or prospective employee, volunteer, or contractor consenting to the criminal background check and use of fingerprints or other identifying information required by the State and National Repositories; and (3) any information required by the Department.  Directs the Department to forward the fingerprints of the current or prospective employee, volunteer, or contractor to the State Bureau of Investigation (SBI) for a search of the state's criminal history file, and the SBI to forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check.  Directs that the Office must keep all information obtained under GS 143B-966 confidential.  Allows the Department to charge a fee to offset the cost incurred to conduct a criminal record check under GS 143B-966 that cannot exceed the actual cost of locating, editing, researching, and retrieving the information.

Intro. by J. Davis.GS 143B
S 742 (2015-2016) OPP. SCHOLARSHIP MILITARY CHILD ELIGIBILITY. Filed Apr 25 2016, AN ACT TO ADD CHILDREN OF MILITARY FAMILIES AS AN ELIGIBILITY CATEGORY FOR THE OPPORTUNITY SCHOLARSHIP GRANT PROGRAM, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON GENERAL GOVERNMENT.

Amends GS 115C-562.1(3) that defines eligible students for scholarships grants to a nonpublic school, to establish that a child whose parent or legal guardian is on full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty order under 10 USC 12301 (federal statute of Reserve components generally) and 10 USC 12401 (federal statute of Army and Air National Guard of the United States status), is eligible for the Opportunity Scholarship Grant Program.  Applies beginning with the 2016-17 school year.

Intro. by J. Davis.GS 115C
S 743 (2015-2016) AUTHORIZE APO STUDIES. Filed Apr 25 2016, AN ACT TO AUTHORIZE THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE TO STUDY CERTAIN ISSUES, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.

Identical to H 948, filed 4/25/16.

Allows the Joint Legislative Administrative Procedure Oversight Committee (Committee) to continue to study issues related to occupational licensing boards, including considering oversight of occupational licensing boards in general, oversight of the NC State Bar, and disciplinary actions and procedures of occupational licensing boards. Allows the Committee to report the study results to the 2017 General Assembly.

Allows the Committee to study whether there are certain categories of contested cases in which the burden of proof should be placed with the agency. Allows the Committee to report on the study to the 2017 General Assembly.

Intro. by Hartsell.STUDY
S 744 (2015-2016) OCCUPATIONAL LICENSING BOARD CONTACT INFO. Filed Apr 25 2016, AN ACT TO REQUIRE OCCUPATIONAL LICENSING BOARDS TO PROVIDE AND UPDATE CONTACT INFORMATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.

Identical to H 949, filed 4/25/16.

Amends GS 93B-2 to require occupational licensing boards to give the Joint Legislative Administrative Procedure Oversight Committee (Committee) the name and contact information for the person responsible for filing the annual and financial reports required by the statute. Each occupational licensing board is required to notify the Committee within 30 days of any changes in this information.

Intro. by Hartsell.GS 93B
S 745 (2015-2016) RESTORE TAX DEDUCTION FOR 529 PLAN. Filed Apr 25 2016, AN ACT TO REENACT THE TAX DEDUCTION FOR CERTAIN CONTRIBUTIONS TO THE PARENTAL SAVINGS TRUST FUND.

Amends GS 105-153.5(b), concerning deductions from taxable income by taxpayers, creating a new deduction and allowing taxpayers to deduct up to $2,500 when contributed to an account in the Parental Savings Trust Fund of the State Education Assistance Authority. Further provides that for married couples filing jointly, the permissible deduction is up to $5,000. Requires amounts withdrawn from the fund to be added to taxable income if it was not spent on qualified higher education expenses for the designated beneficiary, unless permitted as specified. 

Effective for taxable years beginning on or after January 1, 2016. 

Intro. by Smith, Foushee, Robinson.GS 105
S 746 (2015-2016) BOARD OF AGRICULTURE CONFIRMATION. Filed Apr 25 2016, A SENATE RESOLUTION PROVIDING FOR THE CONFIRMATION OF APPOINTMENTS MADE BY THE GOVERNOR TO THE BOARD OF AGRICULTURE.

As title indicates. Provides for the appointments of Anne Faircloth, Faylene Whitaker, and James Lambeth to the Board of Agriculture for terms to expire May 1, 2021. 

Intro. by B. Jackson.SENATE RES
S 747 (2015-2016) STATE-OWNED REAL PROPERTY MANAGEMENT/PED. Filed Apr 25 2016, AN ACT TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO ACTIVELY MANAGE THE STATE'S PORTFOLIO OF REAL PROPERTY; TO REQUIRE MEASUREMENT OF THE CURRENT UTILIZATION OF STATE-OWNED FACILITIES; TO ENSURE THE ACCURACY OF THE REAL PROPERTY INVENTORIES MAINTAINED BY THE DEPARTMENT OF ADMINISTRATION; AND TO ENSURE THAT THE USE OF STATE-OWNED SPACE IS MAXIMIZED BEFORE LEASES ARE ENTERED INTO OR RENEWED, AS RECOMMENDED BY THE PROGRAM EVALUATION DIVISION OF THE GENERAL ASSEMBLY.

Includes various whereas clauses discussing North Carolina's portfolio of real property  and associated management.

Enacts new GS 143-341.2 concerning proactive management of State-owned and leased real property, setting out seven duties of the Department of Administration (Department) in regards to proactively managing the NC real property portfolio. These duties include the development of a comprehensive state facilities plan by December 1, 2018, as well as establishing a performance management system, developing utilization measure procedures, developing and enforcing space planning standards, updating real property inventories, and developing a surplus property identification and disposal system. Also requires the Department to make a series of reports, including a report no later than December 1, 2018, and every five years after that, to the Joint Legislative Commission on Government Operations, the Fiscal Research Division, and the Program Evaluation Division, concerning the comprehensive state facilities plan and a summary of the performance measurement procedures. Sets out other annual reporting requirements concerning the State's portfolio of real property. Sets out duties of other state agencies concerning management of real property, including a required report with detailed information concerning property use. Further requires agencies to verify information contained in the real property inventories within 60 days of notice from the Department and to develop a five-year property management plan no later than July 1, 2018, with the plan required to be submitted to the Department for review. Sets out exemptions to the new statute's requirements.

Requires the Department to report to the Joint Legislative Commission on Government Operations, the Fiscal Research Division, and the Program Evaluation Division, no later than June 1, 2017, in regards to the plan to analyze utilization of all State-owned or leased facilities. Requires quarterly reports before the submission of the utilization report. 

Also requires the Department, by June 1, 2017, to perform an unannounced visit to a random facility owned or allocated to each agency in order to obtain utilization information, provide guidance and training on methods for employing utilization measures, and refine the utilization measures.

Amends GS 146-72 concerning the State Land Fund, authorizing the Fund to be used to pay for expenses incurred by the State Auditor in carrying out duties relating to collecting and reporting on information on property use.

Amends GS 143-341 to expand the powers and duties of the Department of Administration, requiring their inventory of State real property to also show the latitude and longitude of the center of the property. Further requires a database in lieu of an inventory of buildings owned or leased by the State or a State agency to be maintained and kept current. Requires this inventory to serve as the State inventory and sets out 15 required components of the inventory including ownership information for buildings, annual operating costs, and parking and employee facilities. Sets out procedures for the Department to develop and update this inventory.

Repeals GS 143C-8-2, concerning a required capital facilities inventory.

Amends GS 143C-8-1(b)(1) making conforming changes reflecting the new required database.

Requires the Department to report to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division, and the Program Evaluation Division on the changes required to the real property database, with the report due no later than December 1, 2016. 

Amends GS 146-23 concerning when State agencies want to acquire land, adding language that requires the Department to review utilization information contained in the real property inventories when investigating the availability of land already owned by the State or an agency. Amends GS 143-341, the powers and duties of the Department, making conforming changes and adding language to demonstrate the requirement to search and review real property utilization information when investigating the availability of office space already owned by the State. Effective July 1, 2018. 

Specifies a list of agencies operating offices outside of state owned property, requiring that once leases have completed all the agencies and functions will be reallocated to State-owned property. Adds that in the case suitable arrangements cannot be made, then the applicable lease can be renewed after consulting with the Joint Legislative Commission on Governmental Operations at least 60 days before renewal. 

Prohibits any State agency from entering into a new lease before July 1, 2018 unless it certifies to the Department that it has searched all existing State-owned property as well as contacted other agencies to further identify unused property and has found none suitable.

Intro. by Gunn, Hartsell, Krawiec.GS 143, GS 143C, GS 146
S 748 (2015-2016) CHANGE REPORT - BUILD. & INFRASTRUCTURE COMM. Filed Apr 25 2016, AN ACT TO CHANGE THE REPORTING DATE OF THE BLUE RIBBON COMMISSION TO STUDY THE BUILDING AND INFRASTRUCTURE NEEDS OF THE STATE, AS RECOMMENDED BY THE BLUE RIBBON COMMISSION TO STUDY THE BUILDING AND INFRASTRUCTURE NEEDS OF THE STATE.

Identical to H 951, filed 4/25/16.

Amends SL 2014-42 Section 8(f) by changing the final reporting date of the Blue Ribbon Commission to Study the Building and Infrastructure Needs of the State (Commission) on its findings and recommendations from the Commission's study on the building and infrastructure needs of the state, to the 2017 General Assembly (was, to the 2016 Regular Session of the 2015 General Assembly).

Intro. by Barefoot, Harrington, Hise.STUDY
SB 749 (2015-2016) CONFIRM LYONS GRAY/UTILITIES COMMISSION. Filed Apr 25 2016, A JOINT RESOLUTION PROVIDING FOR THE CONFIRMATION OF THE APPOINTMENT OF LYONS GRAY TO THE UTILITIES COMMISSION.

As title indicates.

Intro. by Apodaca.JOINT RES
SB 750 (2015-2016) CONFIRM CHRIS LOUTIT/INDUSTRIAL COMMISSION. Filed Apr 25 2016, A JOINT RESOLUTION TO CONFIRM THE APPOINTMENT OF CHRISTOPHER LOUTIT TO THE NORTH CAROLINA INDUSTRIAL COMMISSION.

As title indicates.

Intro. by Apodaca.JOINT RES

The Daily Bulletin: 2016-04-25

LOCAL/HOUSE BILLS
H 952 (2015-2016) HONOR OUR SERVICE ANIMALS/SHERIFF CONTRACTS. Filed Apr 25 2016, AN ACT PROVIDING THAT THE CATAWBA, CLEVELAND, AND GASTON COUNTY SHERIFF'S OFFICES MAY CONTRACT FOR THE PURCHASE OF FOOD AND FOOD SERVICES SUPPLIES FOR THE COUNTY'S DETENTION FACILITY WITHOUT BEING SUBJECT TO THE REQUIREMENTS OF CERTAIN STATE PURCHASE AND CONTRACT LAWS AND AUTHORIZING CLEVELAND, GASTON AND YANCEY COUNTIES AND THE MUNICIPALITIES IN THOSE COUNTIES TO TRANSFER RETIRED SERVICE ANIMALS OWNED BY THE LOCAL GOVERNMENT.

As title indicates.  Makes technical changes.

Intro. by Hastings.Cleveland
H 956 (2015-2016) HENDERSON COUNTY/COMMUNITY COLLEGE PROJECTS. Filed Apr 25 2016, AN ACT PROVIDING THAT HENDERSON COUNTY IS AUTHORIZED TO CONSTRUCT COMMUNITY COLLEGE BUILDINGS ON THE CAMPUS OF BLUE RIDGE COMMUNITY COLLEGE.

Authorizes Henderson County (County) to construct community college buildings, as defined in GS 143-336 to mean all buildings, utilities, and other property developments located at a community college as defined under GS 115D-2(2), on the campus of Blue Ridge Community College (College) located in Henderson County.  Allows Henderson County to finance the construction of the buildings in accordance with Article 8 of Chapter 159 of the General Statutes (Financing agreements and other financing arrangements of local governments) and GS 160A-20 (Use of security interests by local governments in financing agreement or other financing agreements).  Provides that the County does not have to comply with GS 115D-9 (Powers of State Board regarding certain fee negotiations, contracts and capital improvements) or Part 1 of Article 36 of Chapter 143 of the General Statutes (General provisions of the Department of Administration) in constructing the buildings.  Requires the County to comply with the provisions of Article 3D of Chapter 143 of the General Statutes (Procurement of Architectural, Engineering and Surveying Services) and Article 8 of Chapter 143 of the General Statutes (Public contracts).  Provides that the College does not have to comply with GS 115D-15.1 (Disposition, acquisition, and construction of property by community college) when conveying property owned by the College which will be the site of the construction and be pledged as collateral under GS 160A-20 (Use of security interests by local governments in financing agreements or other financing agreements).  

Requires the County to consult the Board of Trustees of the College (Board) about programming requirements for the buildings and requires Henderson County to keep the Board informed on the construction process and progress.  Directs the County to lease the buildings to the College under the terms and conditions agreed to by both the County and the College upon completion of construction.  

Requires the Board to transfer title to the described property to Henderson County for life of the debt incurred by the County for the construction of the community college buildings.  Requires the County to transfer title to the property back to the Board upon satisfaction of the debt.

Applies only to construction projects and renovations funded entirely with County funds and coordinated by the County for College uses and purposes between January 1, 2014, and December 31, 2020.

Allows the County and the Board to enter into a memorandum of understanding to allow for the construction of the community college buildings by the County on the campus of the College if deemed appropriate by the County and the College and if the terms of the memorandum will allow for the construction to be completed in a timely fashion and cost-efficient manner.  

Allows for the County and the Board to enter into a memorandum of understanding for the lease of space in County-owned buildings to the College, if the buildings are located within the County and if the lease is deemed appropriate by the County and College.

 

Intro. by McGrady, Whitmire.Henderson
HB 957 (2015-2016) HENDERSONVILLE CHARTER AMENDMENT. Filed Apr 25 2016, AN ACT AMENDING THE CHARTER OF THE CITY OF HENDERSONVILLE TO ALLOW THE MAYOR AND COUNCIL MEMBERS TO RECEIVE COMPENSATION FOR THEIR SERVICES AS PROVIDED BY GENERAL LAW.

As title indicates.

Intro. by McGrady, Whitmire.Henderson

The Daily Bulletin: 2016-04-25

LOCAL/SENATE BILLS
S 727 (2015-2016) MOORE COUNTY LOCAL SALES TAX USE RESTRICTION (NEW) Filed Apr 25 2016, AN ACT TO MODIFY PERMISSIBLE USES OF THE QUARTER CENT LOCAL OPTION SALES TAX FOR MOORE COUNTY.

Amends GS 105-538 to add that Moore County may use funds received from the quarter cent county sales and use tax only for financing and constructing public schools. Requires that the funds supplement and not supplant or replace exiting funds or other resources for public school construction.

Makes conforming changes to GS 105-537(c) which specifies the ballot question for the tax and adds an example of how much tax would be due.

Intro. by Tillman.Moore
S 732 (2015-2016) REPEAL LUMBERTON FIREMEN'S SUPP. PENSION FUND. Filed Apr 25 2016, AN ACT TO REPEAL THE LUMBERTON FIREMEN'S SUPPLEMENTARY PENSION FUND TO ALLOW THE LUMBERTON FIREFIGHTERS RELIEF FUND BOARD TO ESTABLISH A SUPPLEMENTAL RETIREMENT PLAN FROM THE NORTH CAROLINA STATE FIREMEN'S ASSOCIATION.

Repeals SL 1955-100, which established the Lumberton Firemen's Supplementary Pension Fund (Fund). Transfers all of the funds remaining in the Fund to the Board of Trustees of the Local Firemen's Relief Fund of the City of Lumberton, to be held and administered as provided in Article 84 (Local Firefighters' Relief Funds) of GS Chapter 58.

Intro. by Smith.Robeson
S 733 (2015-2016) CERTAIN TOWNS SEWER FEE COLLECTIONS (New) Filed Apr 25 2016, AN ACT AUTHORIZING THE TOWN OF PROCTORVILLE TO ATTACH PERSONAL PROPERTY, GARNISH WAGES, AND PLACE LIENS ON CERTAIN REAL PROPERTY TO COLLECT UNPAID FEES FOR SEWER SERVICES.

Amends SL 1913-369, the Charter of the Town of Proctorville, to allow the Town to collect a fee charged for sewer services that is unpaid for at least 90 days, in any manner by which delinquent personal or real property taxes can be collected. Specifies that if the delinquent fees are collected in the same manner as delinquent real property taxes, the fees are a lien on the property owned by the person contracting with the Town for the service. Includes provisions governing the duration of the lien, requirements for placing the lien, and an appeals process. Requires that the lien be filed after 90 days of the date of the failure to pay for the service or availability fees and within 180 days of the date of the failure to pay for the service or fees. 

Intro. by Smith.Robeson
S 739 (2015-2016) TOWN OF ROLESVILLE/ANNEXATION. Filed Apr 25 2016, AN ACT ADDING CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF ROLESVILLE.

As title indicates.  Effective June 30, 2016.

Intro. by Barefoot.Wake
S 751 (2015-2016) COMMISSION MEMBERSHIP WINSTON-SALEM RET. FUND. Filed Apr 25 2016, AN ACT TO ENHANCE THE PARTICIPATION OF RETIREE MEMBERS ON THE RETIREMENT COMMISSION OF THE WINSTON-SALEM EMPLOYEES RETIREMENT FUND.

Amends Public-Local Laws of 1939, Chapter 296, which allows the governing body of the City of Winston-Salem to establish, by ordinance, a retirement or pension fund for employees, by adding to Section 4 that a retiree or retirees participating in the retirement or pension fund sit on the retirement board or board of trustees provided for by the ordinance, in addition to a member(s) of the governing body of the City of Winston-Salem, an employee(s) entitled to participate in the retirement or pension fund, and one or more citizens of the state of North Carolina not officially connected with the governing body of any municipality or entitled to participate in the benefits of the retirement or pension fund.

Intro. by Lowe, Krawiec.Forsyth
ACTIONS ON BILLS

Actions on Bills: 2016-04-25

PUBLIC BILLS

H 945: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.

    House: Filed

H 946: REPEAL HB2/FUND HUMAN RELATIONS COMM.

    House: Filed

H 947: ENHANCE OVERSIGHT OF CERTAIN CAPITAL PROJECTS.

    House: Filed

H 948: AUTHORIZE APO STUDIES.

    House: Filed

H 949: OCCUPATIONAL LICENSING BOARD CONTACT INFO.

    House: Filed

H 950: TERMINATE AGREEMENT FOR TOLLING OF I-77.

    House: Filed

H 951: CHANGE REPORT - BUILD. & INFRASTRUCTURE COMM.

    House: Filed

H 953: ORDERED FUND TRANSFER BACK TO RICHMOND COUNTY.

    House: Filed

H 954: TERMINATE AGREEMENT FOR TOLLING OF I-77.

    House: Filed

H 955: CHANGES SPECIAL ED./OPPORTUNITY SCHOLARSHIPS.

    House: Filed

H 958: FELONY DEATH IMP. BOATING/SHEYENNE'S LAW.

    House: Filed

H 959: DOT PROPOSED LEGISLATIVE CHANGES.

    House: Filed

H 960: RETIREMENT CREDITABLE SERVICE CHARTER SCHOOLS.

    House: Filed

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

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

S 723: DOT PROPOSED LEGISLATIVE CHANGES.

    Senate: Filed

S 724: ENHANCE OVERSIGHT OF CERTAIN CAPITAL PROJECTS.

    Senate: Filed

S 725: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.

    Senate: Filed

S 726: IRC UPDATE.

    Senate: Filed

S 728: LOTTERY - JLOC RECOMMENDATIONS.

    Senate: Filed

S 729: VARIOUS CHANGES TO THE REVENUE LAWS.

    Senate: Filed

S 730: SPAY AND NEUTER.

    Senate: Filed

S 731: RESTORE FUNDING TO DRUG COURT.

    Senate: Filed

S 734: STATEWIDE STANDING ORDER/OPIOID ANTAGONIST.

    Senate: Filed

S 735: APPROPRIATE FUNDS/DEMENTIA CAREGIVER PROGRAMS.

    Senate: Filed

S 736: STUDY SUICIDE PREVENTION.

    Senate: Filed

S 737: CONTINUE WORKFORCE DEVELOPMENT OVERSIGHT COM.

    Senate: Filed

S 738: STUDY APPRENTICESHIP INCENTIVES.

    Senate: Filed

S 740: COLLABORATION OF STATE AGENCIES/EARLY EDUC.

    Senate: Filed

S 741: STATE CONTROLLER/CRIMINAL RECORD CHECKS.

    Senate: Filed

S 742: OPP. SCHOLARSHIP MILITARY CHILD ELIGIBILITY.

    Senate: Filed

S 743: AUTHORIZE APO STUDIES.

    Senate: Filed

S 744: OCCUPATIONAL LICENSING BOARD CONTACT INFO.

    Senate: Filed

S 745: RESTORE TAX DEDUCTION FOR 529 PLAN.

    Senate: Filed

S 746: BOARD OF AGRICULTURE CONFIRMATION.

    Senate: Filed

S 747: STATE-OWNED REAL PROPERTY MANAGEMENT/PED.

    Senate: Filed

S 748: CHANGE REPORT - BUILD. & INFRASTRUCTURE COMM.

    Senate: Filed

S 749: CONFIRM LYONS GRAY/UTILITIES COMMISSION.

    Senate: Filed

S 750: CONFIRM CHRIS LOUTIT/INDUSTRIAL COMMISSION.

    Senate: Filed

Actions on Bills: 2016-04-25

LOCAL BILLS

H 952: HONOR OUR SERVICE ANIMALS/SHERIFF CONTRACTS.

    House: Filed

H 956: HENDERSON COUNTY/COMMUNITY COLLEGE PROJECTS.

    House: Filed

H 957: HENDERSONVILLE CHARTER AMENDMENT.

    House: Filed
    House: Filed

S 727: MOORE COUNTY LOCAL SALES TAX USE RESTRICTION (NEW)

    Senate: Filed
    Senate: Filed

S 732: REPEAL LUMBERTON FIREMEN'S SUPP. PENSION FUND.

    Senate: Filed

S 733: CERTAIN TOWNS SEWER FEE COLLECTIONS (New)

    Senate: Filed
    Senate: Filed

S 739: TOWN OF ROLESVILLE/ANNEXATION.

    Senate: Filed

S 751: COMMISSION MEMBERSHIP WINSTON-SALEM RET. FUND.

    Senate: Filed

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