Senate committee substitute makes the following changes to the 2nd edition. The previous edition set the term of Robert Schurmeier Jr.'s service as the Director of the State Bureau of Investigation to expire eight years from the effective date of the resolution; the committee substitute specifies instead that the term expires on June 30, 2023.
The Daily Bulletin: 2016-05-03
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The Daily Bulletin: 2016-05-03
PUBLIC/HOUSE BILLS
H 982 (2015-2016) CONFIRM ROBERT SCHURMEIER/SBI DIRECTOR. Filed Apr 26 2016, AN ACT PROVIDING FOR THE CONFIRMATION OF ROBERT L. SCHURMEIER, JR., AS DIRECTOR OF THE STATE BUREAU OF INVESTIGATION.
| Intro. by Boles. | JOINT RES |
H 1020 (2015-2016) INDIGENT DEFENSE SERVICES AMENDMENTS. Filed May 3 2016, AN ACT TO AMEND THE APPOINTMENT OF THE COMMISSION ON INDIGENT DEFENSE SERVICES AND TO MAKE VARIOUS CHANGES TO INDIGENT DEFENSE SERVICES, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.
Amends GS 7A-498.4, concerning appointment to the 13-member Commission on Indigent Services. Now provides that the Chief Justice of the NC Supreme Court appoint one active or former superior court judge, one district court judge, and also the Director of the Administrative Office of the Courts (AOC) (previously, only appointed one member); that the Governor appoint two members, with at least one being a nonattorney (previously appointed only one member); that the General Assembly appoint three members (was, one) at the recommendation of the Senate President Pro Tempore, all attorneys, with one being recommended to the President Pro Tempore by the NC Public Defenders Association; that the General Assembly appoint three members (was, one), at the recommendation of the Speaker of the House, all attorneys, with one being recommended to the Speaker by the NC Advocates for Justice. Deletes language that required the following entities to appoint a member to the Commission: the NC Public Defenders Association, the NC Academy of Trial Lawyers, the NC Association of Black Lawyers, the NC Association of Women Lawyers, and three members appointed by the Commission. Provides that all appointed members will serve four-year terms. Excludes the Director of the AOC from the term limits. Makes conforming changes.
Provides that current members of the Commission will serve out their time and specifies an appointment schedule for the new appointment configuration of the Commission.
The above provisions are effective January 1, 2017.
Amends GS 7A-498.2 to provide that the Director of AOC may modify the Office of Indigent Defense Services budget and use funds appropriated to that Office only after direct consultation with a quorum of the Commission (was, without the approval of the Commission or the Office). Amends GS 7A-498.9 to require that the annual report on the Office of Indigent Defense Services also include (1) specific data on the total final costs of capital and potentially capital cases and (2) data regarding the determination to create any new satellite offices for capital defenders, including specified information. Effective July 1, 2016.
Requires the Office of Indigent Defense Services to: (1) assess the need for new satellite offices to handle potentially capital cases at the trial level; (2) in consultation with the Conference of District Attorneys, determine changes that can be made to the current system of identifying those cases that merit the cost of a capital prosecution and defense and what steps can be taken to facilitate the appointment of local counsel in most cases; and (3) consider the establishment of regional public defender offices to assist in alleviating scheduling conflicts due to appointed attorneys being appointed to cases in multiple jurisdictions. Requires a report to the Joint Legislative Oversight Committee on Justice and Public Safety and the cochairs for the Joint Appropriations Subcommittee on Justice and Public Safety no later than March 15, 2017.
| Intro. by Daughtry. | GS 7A |
H 1021 (2015-2016) AMEND SEX OFFENDER CERTAIN PREMISES (NEW). Filed May 3 2016, AN ACT TO AMEND THE LAW REGARDING SEX OFFENDERS ON CERTAIN PREMISES TO ADDRESS THE RULING IN DOE V. COOPER.
Amends GS 15A-1465(a) to require the North Carolina Innocence Inquiry Commission (Commission) Director to report, and establish procedures for Commission staff to report, administrative details, to the Director of the Administrative Office of the Courts.
Amends GS 15A-1467 concerning claims of innocence, waiver of convicted person's procedural safeguards and privileges, formal inquiry, and the notification of the crime victim under Article 92 of GS Chapter 15A. Establishes that a claim of factual innocence for any conviction may be referred to the Commission by any court, a state or local agency, or a claimant's counsel (currently, there is no clarification that a claim of factual innocence may be made for any conviction, and currently, a claimant may also refer a claim of factual innocence to the Commission). Allows a claim of factual innocence for convictions of homicide pursuant to Article 6 of GS Chapter 14, robbery pursuant to Article 17 of GS Chapter 14, and any offense requiring registration pursuant to Article 27A (Sex Offender and Public Protection Registration Programs) of GS Chapter 14 to be made directly by the claimant. Provides that a claimant who received notice pursuant to new subsection (c1) of this statute and did not make a claim of factual innocence is barred from investigation of a claim of factual innocence by the Commission absent a showing of good cause and approval of the Commission Chair. Establishes that the waiver of the claimant's procedural safeguards and privileges under subsection (b) of this statute cannot be construed to be a waiver of the convicted person's right to be heard by the court before the court issues any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence. Provides that if counsel does not represent the convicted person, the Commission Chair must determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (currently, does not designate Indigent Defense Services to appoint counsel) for the purpose of advising on the agreement, and if the convicted person has requested a specific attorney with knowledge of the case, the Director must inform Indigent Defense Services of that request for its consideration. Adds new subsection (c1) to this statute to provide for notice to each co-defendant of a claim of factual innocence whose formal inquiry has been granted and that the co-defendant will be barred from future investigation by the Commission if the co-defendant does not file a claim of factual innocence within 60 days from the receipt of the notice. Adds new subsection (c2) to require the Director to provide a confidential case status update, including a summary of any actions taken since the last update, for each case in formal inquiry to the District Attorney, the convicted person, or counsel, if any, and referring counsel, if any, at least once every six months.
Amends GS 15A-1468 to add a new subsection (f) to establish that at any point in the formal inquiry regarding a claim of factual innocence, the District Attorney and the convicted person or the convicted person's counsel may agree that there is sufficient evidence of factual innocence to merit judicial review by the three-judge panel and bypass the eight-member panel. Requires the Director and the Chair of the Commission to be notified in writing of any such agreement made under this subsection. Amends GS 15A-1469 to allow for a three-judge panel to be appointed by the Chief Justice if the Commission concludes, or the parties agree under new subsection (f) of GS 15A-1468, that there is sufficient evidence of factual innocence to merit judicial review. Similar to GS 15A-1467(b), as amended, requires the senior resident superior court judge to determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (currently, does not designate Indigent Defense Services to appoint counsel), and that if the convicted person has requested a specific attorney with knowledge of the case, the Director shall inform Indigent Defense Services of that request for its consideration.
Amends GS 15A-1471 to add a new subsection (b1) to require the Commission to notify the District Attorney, or designee, and the convicted person, or counsel, before requesting any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence, and provides that the District Attorney, or designee, and the convicted person, or counsel, must be given the right to be heard by the court before the court issues a protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence.
Effective December 1, 2016, and applies to claims of factual innocence made on or after that date.
| Intro. by Daughtry. | GS 15A |
H 1023 (2015-2016) MUNICIPAL SERVICE DISTRICTS/STATUTORY CHANGES. Filed May 3 2016, AN ACT PROVIDING THAT (I) A MUNICIPAL SERVICE DISTRICT MAY BE DEFINED BY THE CITY COUNCIL UPON RECEIPT OF A PETITION FROM REAL PROPERTY OWNERS; (II) A CITY MAY EXCLUDE PROPERTY FROM A MUNICIPAL SERVICE DISTRICT PRIOR TO OR AFTER THE CREATION OF THE DISTRICT IF THE PROPERTY DOES NOT BENEFIT FROM THE SERVICES, FACILITIES, OR FUNCTIONS OF THE DISTRICT; (III) A MUNICIPAL SERVICE DISTRICT MAY BE DEFINED, EXTENDED, CONSOLIDATED, AND ABOLISHED ONLY BY ORDINANCE; AND (IV) A CONTRACT FOR SERVICES IN A MUNICIPAL SERVICE DISTRICT WITH A PRIVATE AGENCY SHALL INCLUDE A REQUIREMENT THAT THE AGENCY REPORT THE IDENTITY OF ANY SUBCONTRACTORS, AS RECOMMENDED BY THE LRC COMMITTEE ON MUNICIPAL SERVICE DISTRICTS.
Amends GS 160A-536(d), concerning contracts for cities to provide services, facilities, functions, or promotional and development activities to municipal service districts with its own forces, through a contract with another governmental agency, private agency, or a combination, to require to be included in the contract the appropriate accounting for city moneys to be used for a service district, including the name, location, purpose, and amount paid to any person(s) with whom the private agency contracted to perform or complete any purpose for which the city moneys were used for that service district. Effective when this act becomes law and applies only to contracts entered into on or after that date.
Amends GS 160A-537, Definitions of service districts, to add a new subsection (a1) that provides for "petition to define district," and new subsection (c1) that provides for "exclusion from district," both of which can be done by city ordinance. Adds new subsection (f) providing that no ordinance defining a service district as provided for in this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and that no service district can be defined except by ordinance. Eliminates subsection (e), establishing provisions for the case of a resolution defining a service district.
Amends GS 160A-438 to add a new subsection (e1) establishing that no ordinance annexing territory to a service district as provided for in this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and no territory can be annexed to a service district except by ordinance. Adds new title to subsection (f), Historic District Boundaries Extension. Requires a city to annex territory to a service district through an ordinance (was, through a resolution).
Amends GS 160A-538.1 to add a new subsection (a1) allowing a property owner to submit a written request to the city council to remove the owner's tract or parcel of land from a service district, and directs that upon this request, the city council must hold a public hearing as required by subsection (a), and may by ordinance redefine the service district by removing the property owner's tract or parcel if the city council finds that the tract or parcel is not in need of the services, facilities, or functions of the service district to a demonstrably greater extent than the remainder of the city. Adds new subsection (b1) establishing that no ordinance reducing a service district as provided for in this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and that no service district can be reduced except by ordinance, similar to GS 160A-537(f) and GS 160A-438(e1), as amended. Adds new title to subsection (b), Effective Date, and subsection (c), Historic District Boundaries Reduction. Service districts are to be consolidated by ordinance instead of by a resolution.
Amends GS 160A-539 to add a new subsection (e) establishing that no ordinance consolidating two or more service districts as provided for in subsection (a) of this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and that no service districts can be consolidated except by ordinance, similar to GS 160A-537(f), GS 160A-438(e1), and GS 160A-538.1(b1), as amended. Service districts are to be consolidated by ordinance instead of by a resolution.
Makes conforming changes to subsections GS 160A-537, GS 160A-538, GS 160A-538.1, GS 160A-539, and GS 160A-541 to replace references to city resolution with city ordinance.
| Intro. by Davis. | GS 160A |
H 1024 (2015-2016) PROHIBIT CERTAIN STORMWATER CONTROL MEASURES. Filed May 3 2016, AN ACT TO PROHIBIT THE DIRECTOR OF THE DIVISION OF WATER RESOURCES FROM REQUIRING ON-SITE STORMWATER CONTROL MEASURES UNDER CERTAIN CIRCUMSTANCES, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
Identical to S 763, filed 4/27/16.
Prohibits the Director of the Division of Water Resources from requiring the use of on-site stormwater control measures to protect downstream water quality standards, except as required by state or federal law. Requires the Environmental Management Commission to adopt rules to amend 15A NCAC 02H .0506 (Review of Applications) consistent with this prohibition. Provides that the rules adopted under this provision are not subject to Part 3 (Rules Review Commission Review) of Article 2A of GS Chapter 150B and become effective as though 10 or more written objections had been received.
| Intro. by Dixon. | UNCODIFIED |
H 1025 (2015-2016) DEQ TO COMMENT TO CORPS ON STREAM MITIGATION. Filed May 3 2016, AN ACT TO DIRECT THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO COMMENT TO THE UNITED STATES ARMY CORPS OF ENGINEERS ON STREAM MITIGATION REQUIREMENTS, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
Identical to S 765, filed 4/27/16.
Directs the Department of Environmental Quality to submit written comments to the United States Army Corps of Engineers in support of the Wilmington District of the Army Corps of Engineers adopting Regional Conditions that will increase the threshold for the requirement of mitigation for loss of stream bed of perennial or intermittent stream from 150 to 300 linear feet. Comments must be submitted during the time period for public comment set by the Wilmington District in its published notice of the proposed 2017 five-year reauthorization of Nationwide Permits issued pursuant to the Clean Water Act.
| Intro. by Dixon. | UNCODIFIED |
H 1026 (2015-2016) COLLABORATION OF STATE AGENCIES/EARLY EDUC. Filed May 3 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.
Identical to S 740, filed 4/25/16.
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 Horn, Murphy, Earle, S. Martin. | UNCODIFIED |
H 1027 (2015-2016) STUDY UNFUNDED LIABILITY/RETIREE HEALTH FUND. Filed May 3 2016, AN ACT TO ESTABLISH A JOINT COMMITTEE TO STUDY THE UNFUNDED LIABILITY OF THE RETIREE HEALTH BENEFIT FUND, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Establishes the Joint Legislative Committee on the Unfunded Liability of the Retiree Health Benefit Fund (Committee) as a 13-member Committee with members as follows: five members each from the Senate and the House, the State Treasurer or designee, the State Executive Administrator of the State Health Plan, and a representative of the Board of Trustees of the State Health Plan for Teachers and State Employees. Sets out seven options for reducing unfunded liabilities of the Retiree Health Benefit Fund that the Committee must examine, including increasing assets in the Retiree Health Benefit Fund through appropriation by the General Assembly, and reducing the number of persons eligible for retiree benefits by increasing the service time requirements for benefits or by eliminating benefits for certain groups.
Requires the Committee to issue a final report of findings and recommendations to the 2017 Regular Session of the General Assembly, after which the Committee is terminated.
| Intro. by Horn. | STUDY |
H 1028 (2015-2016) SOG PILOT PROJECT STANDARDS/OVERNIGHT RESPITE. Filed May 3 2016, AN ACT TO REQUIRE THE SCHOOL OF GOVERNMENT AT THE UNIVERSITY OF NORTH CAROLINA TO COORDINATE A WORKING GROUP CHARGED WITH DEVELOPING STANDARDS FOR STATE AGENCIES TO USE WHEN DESIGNING AND IMPLEMENTING PILOT PROJECTS MANDATED BY THE GENERAL ASSEMBLY, TO REQUIRE THE OFFICE OF STATE BUDGET AND MANAGEMENT TO ADOPT RULES IMPLEMENTING THOSE STANDARDS, TO REPEAL THE PROGRAM EVALUATION DIVISION STUDY OF OVERNIGHT RESPITE SERVICES, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT ON OVERNIGHT RESPITE SERVICES TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Requires the UNC School of Government (SOG) to coordinate a working group to develop standards for state agencies to use in designing and implementing pilot projects required by the General Assembly. Requires the SOG to research existing evaluation standards and identify approaches for designing projects that collect appropriate and adequate data for sound evaluation of pilot projects. Requires the SOG to make a preliminary report on the research findings to the Joint Legislative Program Evaluation Oversight Committee, the Director of the Program Evaluation Division, and the Office of State Budget and Management by December 1, 2016. Requires the working group to include representatives from state agencies and the UNC constituent institutions. Requires a report on the proposed standards to the Joint Legislative Program Evaluation Oversight Committee, the Director of the Program Evaluation Division, and the Office of State Budget and Management by December 1, 2017.
Appropriates $150,000 for fiscal year 2016-17 from the General Fund to the SOG to implement the act. Provides that the funds do not revert at the end of 2016-17, but remain available during 2017-18 for expenditure in accordance with the act. Effective July 1, 2016.
Enacts new GS 143-162.3, directing the Office of State Budget and Management to adopt rules to implement the standards proposed by the SOG and to report to the Joint Legislative Program Evaluation Oversight Committee after adoption of the rules. Provides that, at a minimum, proposed standards must offer a range of options for designing evaluations of pilot projects, taking into account an agency’s available resources and time.
Requires, unless specifically exempted by law, all departments, agencies, bureaus, divisions, and institutions of the state to conduct and complete pilot projects requested by the General Assembly in accordance with the rules adopted by the Office of State Budget and Management. This requirement applies to pilot projects initially enacted by the General Assembly on or after June 1, 2018. Allows the SOG to prepare proposed updates to the standards as necessary. Requires proposed updates to be submitted to the Office of State Budget and Management for review and adoption, and requires the Office to report rule changes to the Joint Legislative Program Evaluation Oversight Committee. Requires the SOG to publish proposed updates on its website at least 90 days before submitting the proposed standards.
Repeals Section 1 of SL 2015-52, which established reporting requirements for the Overnight Respite Pilot Program. Directs the Department of Health and Human Services, Division of Health Service Regulation, to report on the overnight respite licensure process, with an interim report due to the Joint Legislative Oversight Committee on Health and Human Services no later than September 1, 2016, with a final report due by September 1, 2017. Sets out what the report should include.
H 1029 (2015-2016) ECONOMIC DEVELOPMENT CHANGES & STUDY. Filed May 3 2016, AN ACT TO STUDY AND MAKE ECONOMIC DEVELOPMENT CHANGES.
Amends GS 143B-431.01(e) concerning reporting requirements between a non-profit and the Department of Commerce in regards to the NC Economic Development Partnership, now requiring that the non-profit corporation include in its report detailed explanations of current marketing plans and criteria used to measure progress. Makes technical changes.
Creates an 11 member Workgroup on Economic Development for Distressed Communities (Workgroup), with five members appointed by each the President Pro Tempore of the Senate and the Speaker of the House, with the Secretary of Commerce or designee also serving as a member. Specifies experience requirements for potential appointees. Tasks the Workgroup with examining NC's strategy for assisting economically distressed communities as well as development programs and strategies used by other states or entities, with an end of developing such programs and plans in NC. Requires the Workgroup to create a measurement plan that will assess progress towards reducing or eliminating economic distress in the state. Requires a final report of the study and recommendations to be submitted to the General Assembly no later than March 1, 2017, after which the Workgroup is terminated.
Amends Section 4.1 of SL 2014-18, concerning personnel located in Collaboration for Prosperity Zones, requiring the Department of Commerce to have at least one employee from the Rural Economic Division Main Street and Rural Planning Center located in each office in each of the Collaboration for Prosperity Zones with the purpose of assisting communities with adding value to economic and community development projects.
H 1030 (2015-2016) 2016 APPROPRIATIONS ACT. Filed May 3 2016, AN ACT TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2015 AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATIONS OF THE STATE.
Blank bill.
| Intro. by Dollar, L. Johnson, Lambeth, McGrady. | APPROP |
H 1031 (2015-2016) SPECIAL FUND/HELP EDUCATORS WITH LOAN PAYMENT. Filed May 3 2016, AN ACT TO ESTABLISH THE LOAN REPAYMENT ASSISTANCE PROGRAM FOR TEACHERS AND TO APPROPRIATE FUNDS FROM THE EDUCATION LOTTERY FUND TO IMPLEMENT THE PROGRAM.
Enacts new Article 35, Loan Repayment Assistance Program for Teachers, in GS Chapter 116.
Directs the State Education Assistance Authority (Authority) to administer the Loan Repayment Assistance Program for Teachers (Program) in accordance with new Article 35 and adopt any necessary rules, including adopting an application process, eligibility guidelines, a process for certifying an applicant's employment status, and reevaluating eligibility on an annual basis.
Allows any eligible teacher to apply to the Authority for a repayment assistance loan under the Program to repay all or a portion of the teacher's eligible debt by receiving repayment assistance loans for up to four years for eligible debt accrued toward an undergraduate degree. Defines eligible teacher as a classroom teacher currently licensed in North Carolina, employed full-time in a local school administrative unit or charter school established under Article 14A of GS Chapter 115C. Defines eligible debt as the outstanding principal, interest, and related fees from loans obtained for undergraduate or graduate educational expenses made by government or commercial lending institutions or educational institutions but does not include loans made by a private individual or family member. Requires that the eligible teacher must have been employed for at least two years, but no longer than eight years, in any local school administrative unit or charter school in North Carolina before applying for the initial year of repayment assistance. Requires the eligible teacher to include in the teacher's application for repayment assistance a signed statement of intent to remain an eligible teacher for a period of at least four years following each year the eligible teacher receives a repayment assistance loan, and agree to repay in full any repayment assistance loans disbursed to the eligible teacher if the teacher fails to complete the repayment assistance period due to voluntarily leaving the employment that provided the basis for eligibility under the Program and fails to secure other qualifying employment. Bars eligibility for a repayment assistance loan if the applicant is in default on any obligation to a government or commercial lending institution or educational institution until those financial obligations are satisfied. Provides that the Authority may waive ineligibility for this reason at its sole discretion.
Requires the Authority to annually provide repayment assistance loans to eligible teachers from monies available in the Teachers' Loan Assistance Repayment Fund, and to establish eligibility criteria for the amount of the repayment assistance loan for each eligible teacher based upon financial need, including an eligible teacher's salary, personal resources, and eligible debt, but a repayment assistance loan under the Program cannot exceed $10,000 per calendar year. Requires all repayment assistance loans to be evidenced by promissory notes made payable to the Authority. Directs the Authority to forgive the repayment assistance loan in the amount of each annual disbursement once the eligible teacher remains in employment as an eligible teacher for four years following the receipt of funds. Requires an eligible teacher who received a repayment assistance loan in a previous year to provide documentation to the Authority that the funds in the amount of the loan were submitted to the government or commercial lending institutions or educational institutions for repayment of the teacher's eligible debt. Requires an eligible teacher to notify the Authority if the teacher's employment that provided the basis for eligibility under the Program terminates or changes, voluntarily or involuntarily, before exiting the repayment assistance period. Provides that an eligible teacher who voluntarily leaves the employment upon which eligibility is based and does not become employed in another position as an eligible teacher will be required to repay in full any funds that were paid to the teacher, with interest accruing at the annualized rate applicable to the eligible debt being repaid, if not yet forgiven under subsection (b) of new GS 116-287 at the time of termination. Establishes that an eligible teacher who cannot fulfill the employment requirements due to death or disability, taking a leave of absence, or being involuntarily terminated can no longer be eligible for a repayment assistance loan under the Program but is not responsible for repaying the outstanding amount of loans previously disbursed to the eligible teacher during the repayment assistance period.
Establishes the Teachers' Loan Assistance Repayment Fund (Fund) to be administered by the Authority, to be used only for repayment assistance loans made under GS 116-288, and the administrative costs of the Authority. Requires that all funds appropriated to or otherwise received by the Authority to provide repayment assistance loans through the Program, all funds received as repayment of loans, and all interest earned on these funds to be placed in the Fund. Allows the Authority to use up to 2% of the funds appropriated to the Fund each fiscal year to cover administrative costs for repayment assistance loans made during that fiscal year.
Requires the Authority to report no later than December 1, 2016, and annually thereafter, to the Joint Legislative Education Oversight Committee regarding the Fund and repayment assistance loans awarded from the Fund.
Appropriates $38.5 million from the Education Lottery Fund to the UNC Board of Governors for the 2016-17 fiscal year to be allocated to the Fund to implement the provisions of this act. Allows the State Education Assistance Authority to use up to 2% of the funds appropriated for the 2016-17 fiscal year for the administration of the Program.
Effective July 1, 2016.
H 1032 (2015-2016) ONLINE VOTER REGISTRATION. Filed May 3 2016, AN ACT TO ALLOW INDIVIDUALS WHO MEET THE CRITERIA TO REGISTER TO VOTE OR CHANGE VOTER REGISTRATION ONLINE.
Amends GS 163-82.5 by adding the requirement that the State Board of Elections (State Board) make the voter registration application forms available for completion and submission on a secure website.
Enacts new GS 163-82.5A allowing an individual to register to vote or change voter registration online if the individual: (1) is eligible to register to vote and (2) possess a current and valid North Carolina driver's license (including a learner's permit or provisional license) or a special identification card for nonoperators. Requires the State Board to establish a secure website for the completion and submission of voter registration applications. Specifies information that the website must allow an individual to submit, including information to establish eligibility, and the individual's email address. Requires the county board of elections, upon receipt of an online application, to verify specified applicant information. Requires the Division of Motor Vehicles (DMV) to transfer the applicant's digital signature in the DMV records to the State Board if the State Board verifies the driver's license or Social Security number. Requires the State Board to notify the applicant if the State Board cannot verify the driver's license or Social Security number.
Amends GS 163-82.10 to add specified identifying information submitted during the online voter registration application process to the information that is confidential.
Effective December 1, 2016.
| Intro. by Insko. | GS 163 |
H 1033 (2015-2016) ID CARD FEE WAIVER/DISABILITY. Filed May 3 2016, AN ACT TO WAIVE THE FEE FOR A SPECIAL IDENTIFICATION CARD ISSUED TO A PERSON WITH A DEVELOPMENTAL DISABILITY.
Amends GS 20-37.7 to waive the special identification card fee for a card issued to a state resident who has a developmental disability. Requires the applicant to present a letter from the applicant's doctor certifying that the applicant has a developmental disability in order to qualify. Defines the term developmental disability as it is defined in GS 122C-3: a severe, chronic disability of a person which: (1) is attributable to a mental or physical impairment or combination of mental and physical impairments; (2) is manifested before the person attains age 22, unless the disability is caused by a traumatic head injury and is manifested after age 22; (3) is likely to continue indefinitely; (4) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, capacity for independent living, learning, mobility, self-direction, and economic self-sufficiency; and (5) reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of a lifelong or extended duration and are individually planned and coordinated; or (6) when applied to children from birth through four years of age, may be evidenced as a developmental delay. Applies to special identification cards issued on or after July 1, 2016.
| Intro. by Hardister, Lewis, Avila, Bryan. | GS 20 |
H 1034 (2015-2016) RESTORE SENIOR CITIZEN TUITION WAIVER. Filed May 3 2016, AN ACT TO DIRECT THE STATE BOARD OF COMMUNITY COLLEGES TO WAIVE TUITION AND REGISTRATION FEES FOR UP TO SIX HOURS OF CREDIT PER ACADEMIC SEMESTER FOR SENIOR CITIZENS.
Amends GS 115D-5 to require the State Board of Community Colleges to waive tuition and registration for up to six hours of credit per semester for senior citizens who are: (1) 65 years or older and (2) qualified residents of the state. Effective July 1, 2016, and applies beginning with the 2017 fall academic semester.
| Intro. by Pierce. | GS 115D |
H 1035 (2015-2016) LGC/TRAINING FOR LOCAL GOV'T FINANCE OFFICERS. Filed May 3 2016, AN ACT AUTHORIZING THE LOCAL GOVERNMENT COMMISSION TO REQUIRE BASIC FINANCIAL TRAINING FOR FINANCE OFFICERS OF CERTAIN LOCAL GOVERNMENTS AND PUBLIC AUTHORITIES.
Gives the Local Government Commission (Commission) the authority to develop a curriculum and offer classroom instruction on local government finance for the purpose of providing financial training to finance officers and other employees who perform the duties of a finance officer. Allows the Commission to work with the UNC School of Government, the North Carolina Community College System, and any other educational institutions in the state in developing the curriculum and offering classroom instruction. Allows the classes to be open to all finance officers and employees who perform the duties of a finance officer in the state; however, authorizes the Commission to require a finance officer or employee who performs the duties of a finance officer to attend the classes if the Commission finds deficiencies in their ability to perform the required duties. Allows the Commission to charge fees to recover the costs it incurs.
| Intro. by McNeill, L. Johnson, Iler. | GS 159 |
H 1036 (2015-2016) STATE IT CONTRACTS/CONTRACTOR LIABILITY. Filed May 3 2016, AN ACT SETTING THE LIMITS OF CONTRACTOR LIABILITY UNDER STATE INFORMATION TECHNOLOGY PROCUREMENT CONTRACTS.
Identical to S 792, filed 4/28/16.
Enacts a new subsection (h1) under GS 143B-1350 (Procurement of information technology) that establishes that all contracts subject to Part 4 (Information Technology Procurement) must include a limitation on the contractor’s liability for damages arising from any cause, regardless of the form or action, of no more than two times the value of the contract. Requires that the limitation must specifically include, at the least, the contractor’s liability for damages and any other losses relating to the loss of, unauthorized access to, or unauthorized disclosure of data. Provides that the limitation of liability required is not required to apply to liability of the contractor for intentional or willful misconduct, damage to tangible personal property, or physical injuries to persons. Applies to contracts entered into on or after the date the act becomes law.
| Intro. by Saine. | GS 143B |
H 1038 (2015-2016) LOTTERY - JLOC RECOMMENDATIONS. Filed May 3 2016, AN ACT TO MAKE CHANGES TO THE NORTH CAROLINA STATE LOTTERY, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON THE STATE LOTTERY.
Identical to S 728 filed on 4/25/16.
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 Saine. | GS 18C |
The Daily Bulletin: 2016-05-03
PUBLIC/SENATE BILLS
S 802 (2015-2016) MILITARY STATE INCOME TAX RELIEF. Filed May 3 2016, AN ACT TO PROVIDE INCOME TAX RELIEF FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES WHO ARE NORTH CAROLINA RESIDENTS BUT STATIONED OUTSIDE OF THE STATE.
Amends GS 105-153.4(a), defining North Carolina taxable income, to exclude from the definition the military pay of an active service member of any branch of the Armed Forces of the United States for any period of time the service member is not present in the state if the service member is a North Carolina resident and the service member is not present in the state solely in compliance with military orders.
Effective for taxable years beginning on or after January 1, 2016.
| Intro. by Krawiec. | GS 105 |
S 803 (2015-2016) REV. LAWS TECH. CHG./NO PERMIT FOR FIBER (NEW) Filed May 3 2016, AN ACT TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS AND RELATED STATUTES.
Identical to H 1023, filed 5/3/16.
Amends GS 160A-536(d), concerning contracts for cities to provide services, facilities, functions, or promotional and development activities to municipal service districts with its own forces, through a contract with another governmental agency, private agency, or a combination, to require to be included in the contract the appropriate accounting for city moneys to be used for a service district, including the name, location, purpose, and amount paid to any person(s) with whom the private agency contracted to perform or complete any purpose for which the city moneys were used for that service district. Effective when this act becomes law and applies only to contracts entered into on or after that date.
Amends GS 160A-537, Definitions of service districts, to add a new subsection (a1) that provides for "petition to define district," and new subsection (c1) that provides for "exclusion from district," both of which can be done by city ordinance. Adds new subsection (f) providing that no ordinance defining a service district as provided for in this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and that no service district can be defined except by ordinance. Eliminates subsection (e), establishing provisions for the case of a resolution defining a service district.
Amends GS 160A-438 to add a new subsection (e1) establishing that no ordinance annexing territory to a service district as provided for in this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and no territory can be annexed to a service district except by ordinance. Adds new title to subsection (f), Historic District Boundaries Extension. Requires a city to annex territory to a service district through an ordinance (was, through a resolution).
Amends GS 160A-538.1 to add a new subsection (a1) allowing a property owner to submit a written request to the city council to remove the owner's tract or parcel of land from a service district, and directs that upon this request, the city council must hold a public hearing as required by subsection (a), and may by ordinance redefine the service district by removing the property owner's tract or parcel if the city council finds that the tract or parcel is not in need of the services, facilities, or functions of the service district to a demonstrably greater extent than the remainder of the city. Adds new subsection (b1) establishing that no ordinance reducing a service district as provided for in this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and that no service district can be reduced except by ordinance, similar to GS 160A-537(f) and GS 160A-438(e1), as amended. Adds new title to subsection (b), Effective Date, and subsection (c), Historic District Boundaries Reduction. Service districts are to be consolidated by ordinance instead of by a resolution.
Amends GS 160A-539 to add a new subsection (e) establishing that no ordinance consolidating two or more service districts as provided for in subsection (a) of this statute can be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and that no service districts can be consolidated except by ordinance, similar to GS 160A-537(f), GS 160A-438(e1), and GS 160A-538.1(b1), as amended. Service districts are to be consolidated by ordinance instead of by a resolution.
Makes conforming changes to subsections GS 160A-537, GS 160A-538, GS 160A-538.1, GS 160A-539, and GS 160A-541 to replace references to city resolution with city ordinance.
| Intro. by Wade, McKissick, Hartsell. | GS 160A |
S 804 (2015-2016) SOG PILOT PROJECT STANDARDS/OVERNIGHT RESPITE. Filed May 3 2016, AN ACT TO REQUIRE THE SCHOOL OF GOVERNMENT AT THE UNIVERSITY OF NORTH CAROLINA TO COORDINATE A WORKING GROUP CHARGED WITH DEVELOPING STANDARDS FOR STATE AGENCIES TO USE WHEN DESIGNING AND IMPLEMENTING PILOT PROJECTS MANDATED BY THE GENERAL ASSEMBLY, TO REQUIRE THE OFFICE OF STATE BUDGET AND MANAGEMENT TO ADOPT RULES IMPLEMENTING THOSE STANDARDS, TO REPEAL THE PROGRAM EVALUATION DIVISION STUDY OF OVERNIGHT RESPITE SERVICES, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT ON OVERNIGHT RESPITE SERVICES TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Identical to H 1028 filed on 3/3/16.
Requires the UNC School of Government (SOG) to coordinate a working group to develop standards for state agencies to use in designing and implementing pilot projects required by the General Assembly. Requires the SOG to research existing evaluation standards and identify approaches for designing projects that collect appropriate and adequate data for sound evaluation of pilot projects. Requires the SOG to make a preliminary report on the research findings to the Joint Legislative Program Evaluation Oversight Committee, the Director of the Program Evaluation Division, and the Office of State Budget and Management by December 1, 2016. Requires the working group to include representatives from state agencies and the UNC constituent institutions. Requires a report on the proposed standards to the Joint Legislative Program Evaluation Oversight Committee, the Director of the Program Evaluation Division, and the Office of State Budget and Management by December 1, 2017.
Appropriates $150,000 for fiscal year 2016-17 from the General Fund to the SOG to implement the act. Provides that the funds do not revert at the end of 2016-17, but remain available during 2017-18 for expenditure in accordance with the act. Effective July 1, 2016.
Enacts new GS 143-162.3, directing the Office of State Budget and Management to adopt rules to implement the standards proposed by the SOG and to report to the Joint Legislative Program Evaluation Oversight Committee after adoption of the rules. Provides that, at a minimum, proposed standards must offer a range of options for designing evaluations of pilot projects, taking into account an agency’s available resources and time.
Requires, unless specifically exempted by law, all departments, agencies, bureaus, divisions, and institutions of the state to conduct and complete pilot projects requested by the General Assembly in accordance with the rules adopted by the Office of State Budget and Management. This requirement applies to pilot projects initially enacted by the General Assembly on or after June 1, 2018. Allows the SOG to prepare proposed updates to the standards as necessary. Requires proposed updates to be submitted to the Office of State Budget and Management for review and adoption, and requires the Office to report rule changes to the Joint Legislative Program Evaluation Oversight Committee. Requires the SOG to publish proposed updates on its website at least 90 days before submitting the proposed standards.
Repeals Section 1 of SL 2015-52, which established reporting requirements for the Overnight Respite Pilot Program. Directs the Department of Health and Human Services, Division of Health Service Regulation, to report on the overnight respite licensure process, with an interim report due to the Joint Legislative Oversight Committee on Health and Human Services no later than September 1, 2016, with a final report due by September 1, 2017. Sets out what the report should include.
S 805 (2015-2016) FIDUCIARY ACCESS TO DIGITAL ASSETS. Filed May 3 2016, AN ACT TO ENACT THE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT AND MAKE CONFORMING AMENDMENTS TO THE GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Enacts new GS Chapter 36F, Revised Uniform Access to Digital Assets Act, setting out 27 terms and definitions for use in the bill. Defines digital asset as an electronic record in which an individual has a right or interest. The term does not include an underlying assest or liability unless they are also electronic records. Provides that the Chapter applies to fiduciaries acting under a will or power of attorney, personal representative, or appointed guardian or trustee, acting under a will or trust created before, on or after the effective date of the act. Sets out provisions to provide for the disclosure of digital assets by way of an online tool to direct the release of the digital assets to a designated recipient and sets out further provisions governing a user's direction for disclosure of digital assets. Specifies that this new Chapter 36F does not change or impair rights held by custodians pursuant to a terms-of-service agreement, nor does it give a fiduciary or designated recipient any new or expanded rights other than those held by the user. Includes procedure for disclosing digital assets, including the granting to a fiduciary or designated recipient full access to a user's account at the custodian's sole discretion. Further provides for procedure if specified release of digital assets would impose an undue burden on the custodian. Specifies that if consented to or directed by a court, a custodian must disclose to a personal representative of the estate the content of electronic communication sent or received by the user if specified items have been given to the custodian, including but not limited to a written request for disclosure in physical or electric form, certified copy of the death certificate of the user, or a certified copy of letters of administration or letters testamentary of the personal representative. Sets out similar proceedings for the disclosure of other digital assets.
Includes other statutes that include provisions establishing procedures for the disclosure of electronic communications and digital assets of a principal, defined as an individual who grants authority to an agent in a power of attorney. Sets out provisions governing the disclosure of digital assets held in trust when the trustee is the original user and governing the disclosure of electronic communications and other digital assets held in trust when the trustee is not the original user.
Allows the court to grant a guardian access to a ward's digital assets after a hearing on a motion in the cause. Sets out the conditions under which the custodian must disclose electronic communications and digital assets to the guardian.
Further specifies that legal duties imposed on a fiduciary charged with managing tangible property also apply to the management of digital assets, including duty of care, loyalty, and confidentiality. Sets out further duties and powers a fiduciary can have depending on authority, including the right to access any digital asset and use of the decedent's property, tangible and personal property. Sets out the procedure under which a fiduciary may request a user's account be terminated.
Specifies compliance requirements for any custodian, that no later than 60 days after receipt of the required information, the custodian must comply with requests made pursuant to this Chapter from a fiduciary or designated recipient. Provides that in certain circumstances a custodian can require a court order before disclosure. Provides for immunity for custodians when performing work in good faith.
Makes multiple conforming changes to GS 14-458, computer trespass; penalty; GS 28A-13-3, Powers of a personal representative or fiduciary; GS 32-27, Powers which may be incorporated by reference in trust instrument; GS 32A-1, Statutory Short Form of General Power of Attorney; GS 32A-2, Powers conferred by the Statutory Short Form Power of Attorney set out in GS 32A-1; GS 35A-1251, Guardian's powers in administering incompetent ward's estate; GS 35A-1252 Guardian's powers in administering minor ward's estate; and GS 36C-8-816, Specific powers of trustee. All conforming changes are made in order to provide for the obtaining, requesting, and authorization to disclose digital assets pursuant to the powers and duties previously included in the specified sections.
Directs the Revisor of Statutes to print relevant portions of the official comments to the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
Includes a severability clause.
S 806 (2015-2016) PRESERVE TENANCY BY THE ENTIRETY. Filed May 3 2016, AN ACT TO MAKE CONFORMING AMENDMENTS TO CLARIFY THAT TENANCY BY THE ENTIRETY IS PRESERVED IN THIS STATE IN LIGHT OF THE UNITED STATES SUPREME COURT DECISION IN OBERGEFELL V. HODGES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Amends GS 39-13.6 to provide that unless a contrary intention is expressed in the conveyance (currently, no provision providing for contrary intention expressed in the conveyance to control), a conveyance of real property, or any interest therein, to two individuals then married to each other vests title in them as tenants by the entirety when the conveyance is to a named individual and wife, or a named individual and husband, or a named individual and spouse (currently, a named individual and spouse is not included in language creating a tenancy by the entirety) or two named individuals, whether or not identified in the conveyance as being husband and wife, spouses, or married to each other, if at the time of the conveyance they are legally married to each other.
Amends GS 39-13.3, GS 39-13.6, GS 39-13.7, GS 41-2, and GS 41-2.5 to change language from "husband and wife" and "husband or wife" in existing tenancy by the entirety provisions to "spouses," "married grantor," "married individual," or "two individuals married to each other" for the purpose of reflecting rights establish under federal law by the decision of the Supreme Court in Obergefell v. Hodges which became effective in North Carolina on October 10, 2014, by application of General Synod of the United Church of Christ v. Resinger.
Amends GS 41-2(b) clarify that any joint tenancy interest held by two individuals then married to each other, unless otherwise specified, is deemed to be held by them (currently, existing language does not include "by them" language) as a single tenancy by the entirety and is to be treated as a single party when determining interests in the joint tenancy with right of survivorship.
Amends GS 41.2.5 concerning tenancy by the entirety in mobile homes to specify that the definition of mobile home provided in subsection (c) only applies to this statute (was, Article). Makes clarifying change to GS 41-2.5(b).
This act is effective when it becomes law and applies to conveyances made on or after October 10, 2014.
S 807 (2015-2016) CONFORM FULL-PAYMENT CHECK LAW TO UCC. Filed May 3 2016, AN ACT TO CONFORM TO THE COMPARABLE PROVISION OF THE UNIFORM COMMERCIAL CODE THIS STATE'S LAW ON ACCORD AND SATISFACTION OF A DISPUTED DEBT THROUGH THE TENDERING OF A NEGOTIABLE INSTRUMENT AS FULL PAYMENT OF THE DEBT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Amends Article 3 of GS Chapter 25 that provides the Negotiable Instruments provisions of Article 3 of the Uniform Commercial Code, to specifically amend GS 25-3-311 concerning accord and satisfaction by use of negotiable instrument.
Current subsection (b) discharges a claim of a property or possessory interest in a negotiable instrument (instrument) if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous or obvious statement to the effect that the instrument was tendered as full satisfaction of the claim.
Current subsection (c) provides that a claim is not discharged under subsection (b) when the claimant, if an organization, proves that (1) within a reasonable time before the tender, the claimant sent a conspicuous or obvious statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place and (2) the instrument or accompanying communication was not received by that designated person, office, or place. Moves this language to new subsubsection (c)(1).
Establishes a new subsubsection (c)(2) providing that a claim will also not be discharged when the claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. Provides that new (c)(2) does not apply if the claimant is an organization that sent a statement complying with clause (1) of (c)(1).
Effective October 1, 2016, and applies to negotiable instruments tendered in full satisfaction of a claim on or after that date.
| Intro. by Hartsell. | GS 25 |
S 808 (2015-2016) STUDY UNFUNDED LIABILITY/RETIREE HEALTH FUND. Filed May 3 2016, AN ACT TO ESTABLISH A JOINT COMMITTEE TO STUDY THE UNFUNDED LIABILITY OF THE RETIREE HEALTH BENEFIT FUND, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Identical to H 1027 filed on 3/3/16.
Establishes the Joint Legislative Committee on the Unfunded Liability of the Retiree Health Benefit Fund (Committee) as a 13-member Committee with members as follows: five members each from the Senate and the House, the State Treasurer or designee, the State Executive Administrator of the State Health Plan, and a representative of the Board of Trustees of the State Health Plan for Teachers and State Employees. Sets out seven options for reducing unfunded liabilities of the Retiree Health Benefit Fund that the Committee must examine, including increasing assets in the Retiree Health Benefit Fund through appropriation by the General Assembly, and reducing the number of persons eligible for retiree benefits by increasing the service time requirements for benefits or by eliminating benefits for certain groups.
Requires the Committee to issue a final report of findings and recommendations to the 2017 Regular Session of the General Assembly, after which the Committee is terminated.
| Intro. by Hartsell, Foushee, Krawiec. | STUDY |
S 810 (2015-2016) ECONOMIC DEVELOPMENT CHANGES & STUDY. Filed May 3 2016, AN ACT TO STUDY AND MAKE ECONOMIC DEVELOPMENT CHANGES.
Identical to H 1029, filed 5/3/16.
Amends GS 143B-431.01(e) concerning reporting requirements between a non-profit and the Department of Commerce in regards to the NC Economic Development Partnership, now requiring that the non-profit corporation include in its report detailed explanations of current marketing plans and criteria used to measure progress. Makes technical changes.
Creates an 11 member Workgroup on Economic Development for Distressed Communities (Workgroup), with five members appointed by each the President Pro Tempore of the Senate and the Speaker of the House, with the Secretary of Commerce or designee also serving as a member. Specifies experience requirements for potential appointees. Tasks the Workgroup with examining NC's strategy for assisting economically distressed communities as well as development programs and strategies used by other states or entities, with an end of developing such programs and plans in NC. Requires the Workgroup to create a measurement plan that will assess progress towards reducing or eliminating economic distress in the state. Requires a final report of the study and recommendations to be submitted to the General Assembly no later than March 1, 2017, after which the Workgroup is terminated.
Amends Section 4.1 of SL 2014-18, concerning personnel located in Collaboration for Prosperity Zones, requiring the Department of Commerce to have at least one employee from the Rural Economic Division Main Street and Rural Planning Center located in each office in each of the Collaboration for Prosperity Zones with the purpose of assisting communities with adding value to economic and community development projects.
S 811 (2015-2016) LOTTERY FUNDS FOR SCHOOL CONSTRUCTION. Filed May 3 2016, AN ACT TO DIRECT THAT A PORTION OF LOTTERY REVENUES BE ALLOCATED FOR K-12 SCHOOL CONSTRUCTION BASED UPON COUNTY NEED AND ABILITY TO PAY FOR SCHOOL CONSTRUCTION PROJECTS.
Creates the Critical Public School Building Needs Fund (Fund), administered by the Department of Public Instruction and used to award grants to counties to assist with their critical public school building capital needs, awarded based on the county's need and ability to generate sales tax and property tax revenue.
Appropriates $25 million from the Education Lottery Fund to the Fund for 2016-17. Makes an additional $25 million appropriation from the Education Lottery Fund to the Fund for 2016-17, if Senate Bill 728 (Lottery-JLOC Recommendations) becomes law.
Effective July 1, 2016.
| Intro. by Brown. | APPROP |
The Daily Bulletin: 2016-05-03
LOCAL/HOUSE BILLS
H 1022 (2015-2016) MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW) Filed May 3 2016, AN ACT TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF MAXTON AND TO REMOVE CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN OF SILER CITY.
As title indicates. Also specifies that the act has no effect upon the validity of any liens of the Town of Maxton for ad valorem taxes or special assessments outstanding before the effective date of this act and that such liens may be collected or foreclosed upon after the effective date of this act as though the property were still within the Town's corporate limits. Effective June 30, 2016.
H 1037 (2015-2016) LINCOLNTON AIRPORT/DAVIE COR. CENT (NEW). Filed May 3 2016, AN ACT TO AUTHORIZE THE LINCOLNTON‑LINCOLN COUNTY AIRPORT AUTHORITY TO ENTER INTO CERTAIN CONTRACTS FOR A PERIOD GREATER THAN TWENTY‑FIVE YEARS, TO MAKE TECHNICAL CORRECTIONS TO THE SESSION LAWS RELATED TO THE AIRPORT AUTHORITY, AND TO TRANSFER THE FORMER DAVIE COUNTY CORRECTIONAL CENTER PROPERTY TO THE DAVIE COUNTY BOARD OF COMMISSIONERS.
Amends SL 1996, Second Special Session, Chapter 10, Section 4, subsection (a), amending the existing contractual powers and authority of the Lincolnton-Lincoln Airport Authority (Authority) in the following ways: (1) increasing the period limit from 25 years to 50 years to operate, own, lease, control, regulate, or grant to others the right to operate on any airport premises specified facilities as may be directly or indirectly related to the maintenance and furnishing to the general public of a complete air terminal installation; (2) increasing the period limit from 25 years to 50 years to contract with persons, firms, or corporations for the operation of airline-scheduled passenger and freight flights, nonscheduled flights, and any other airplane activities not inconsistent with the grant agreements under which the airport property is held; and (3) increasing the period limit from 25 years to 50 years for lease agreements for improvements and facilities construction, not inconsistent with or in violation of the agreements applicable to and the grants under which the real property of the airport is held.
| Intro. by Saine. | Lincoln |
The Daily Bulletin: 2016-05-03
LOCAL/SENATE BILLS
S 809 (2015-2016) HONOR OUR SERVICE ANIMALS/SHERIFF CONTRACTS. Filed May 3 2016, AN ACT PROVIDING THAT THE CLEVELAND COUNTY SHERIFF'S OFFICE 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 PROVIDING THAT CLEVELAND COUNTY AND THE MUNICIPALITIES IN CLEVELAND COUNTY MAY DONATE RETIRED SERVICE ANIMALS USED BY THE SHERIFF'S OFFICE OR POLICE DEPARTMENT OR ANY OTHER COUNTY OR MUNICIPAL AGENCY TO THE SHERIFF, DEPUTY, POLICE OFFICER, OR EMPLOYEE WHO HAD NORMAL CUSTODY AND CONTROL OF THE ANIMAL.
Identical to H 952 filed on 4/25/16.
As title indicates. Makes technical changes.
| Intro. by Daniel. | Cleveland |
ACTIONS ON BILLS
Actions on Bills: 2016-05-03
PUBLIC BILLS
H 977: CONFIRM GREGORY MCGUIRE/SPECIAL SC JUDGE.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 978: BILL DAUGHTRIDGE/INDUSTRIAL COMMISSION.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 979: CONFIRM CHARLES VISER/SPECIAL SC JUDGE.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 980: LINDA CHEATHAM/INDUSTRIAL COMMISSION.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 981: CONFIRM MIKE ROBINSON/SPECIAL SC JUDGE.
Senate: Special Message Received From House
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
H 982: CONFIRM ROBERT SCHURMEIER/SBI DIRECTOR.
Senate: Reptd Fav Com Substitute
Senate: Com Substitute Adopted
H 1015: NC LEAF FUNDS.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1016: FUNDS FOR EDUCATIONAL TRAINING CENTERS.
House: Passed 1st Reading
House: Ref To Com On Appropriations
H 1018: CONFIRM COMMISSIONER OF BANKS.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 05/10/2016
H 1019: RETIREMENT/HOUSE PRINCIPAL CLERK.
House: Passed 1st Reading
House: Ref To Com On Rules, Calendar, and Operations of the House
H 1020: INDIGENT DEFENSE SERVICES AMENDMENTS.
House: Filed
H 1021: AMEND SEX OFFENDER CERTAIN PREMISES (NEW).
House: Filed
House: Filed
H 1023: MUNICIPAL SERVICE DISTRICTS/STATUTORY CHANGES.
House: Filed
H 1024: PROHIBIT CERTAIN STORMWATER CONTROL MEASURES.
House: Filed
H 1025: DEQ TO COMMENT TO CORPS ON STREAM MITIGATION.
House: Filed
H 1026: COLLABORATION OF STATE AGENCIES/EARLY EDUC.
House: Filed
H 1027: STUDY UNFUNDED LIABILITY/RETIREE HEALTH FUND.
House: Filed
H 1028: SOG PILOT PROJECT STANDARDS/OVERNIGHT RESPITE.
House: Filed
H 1029: ECONOMIC DEVELOPMENT CHANGES & STUDY.
House: Filed
H 1030: 2016 APPROPRIATIONS ACT.
House: Filed
H 1031: SPECIAL FUND/HELP EDUCATORS WITH LOAN PAYMENT.
House: Filed
H 1032: ONLINE VOTER REGISTRATION.
House: Filed
H 1033: ID CARD FEE WAIVER/DISABILITY.
House: Filed
H 1034: RESTORE SENIOR CITIZEN TUITION WAIVER.
House: Filed
H 1035: LGC/TRAINING FOR LOCAL GOV'T FINANCE OFFICERS.
House: Filed
H 1036: STATE IT CONTRACTS/CONTRACTOR LIABILITY.
House: Filed
H 1038: LOTTERY - JLOC RECOMMENDATIONS.
House: Filed
S 725: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 05/04/2016
S 726: IRC UPDATE.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Added to Calendar
House: Passed 2nd Reading
S 729: VARIOUS CHANGES TO THE REVENUE LAWS.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 05/04/2016
S 734: STATEWIDE STANDING ORDER/OPIOID ANTAGONIST.
Senate: Reptd Fav
Senate: Re-ref Com On Judiciary I
S 749: CONFIRM LYONS GRAY/UTILITIES COMMISSION.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 05/10/2016
S 750: CONFIRM CHRIS LOUTIT/INDUSTRIAL COMMISSION.
House: Reptd Fav
House: Cal Pursuant Rule 36(b)
House: Placed On Cal For 05/10/2016
S 798: DISTRIBUTION OF HIGHWAY USE TAX AND FEES.
Senate: Passed 1st Reading
Senate: Ref to Transportation. If fav, re-ref to Finance
S 799: NC-PREK CONFORMING CHANGE.
Senate: Passed 1st Reading
Senate: Ref To Com On Education/Higher Education
S 800: STUDY COSTS ASSOCIATED WITH NC PRE-K SLOTS.
Senate: Passed 1st Reading
Senate: Ref To Com On Health Care
S 801: CONFIRM ROBERT SCHURMEIER/SBI DIRECTOR.
Senate: Passed 1st Reading
Senate: Ref To Com On Select Committee on Nominations
S 802: MILITARY STATE INCOME TAX RELIEF.
Senate: Filed
S 803: REV. LAWS TECH. CHG./NO PERMIT FOR FIBER (NEW)
Senate: Filed
Senate: Filed
Senate: Filed
S 804: SOG PILOT PROJECT STANDARDS/OVERNIGHT RESPITE.
Senate: Filed
S 805: FIDUCIARY ACCESS TO DIGITAL ASSETS.
Senate: Filed
S 806: PRESERVE TENANCY BY THE ENTIRETY.
Senate: Filed
S 807: CONFORM FULL-PAYMENT CHECK LAW TO UCC.
Senate: Filed
S 808: STUDY UNFUNDED LIABILITY/RETIREE HEALTH FUND.
Senate: Filed
S 810: ECONOMIC DEVELOPMENT CHANGES & STUDY.
Senate: Filed
S 811: LOTTERY FUNDS FOR SCHOOL CONSTRUCTION.
Senate: Filed
Actions on Bills: 2016-05-03
LOCAL BILLS
H 1017: NORWOOD DEANNEXATIONS/ANNEXATION.
House: Passed 1st Reading
House: Ref to the Com on Local Government, if favorable, Finance
H 1022: MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW)
House: Filed
House: Filed
H 1037: LINCOLNTON AIRPORT/DAVIE COR. CENT (NEW).
House: Filed
House: Filed
S 809: HONOR OUR SERVICE ANIMALS/SHERIFF CONTRACTS.
Senate: Filed
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