Identical to S 807 filed on 5/3/16.

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.

Identical to S 805, filed 5/3/16.

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. 

Identical to S 821, filed 5/9/16.

Amends GS 14-159.3(a1) concerning duty of care for the operation of all-terrain vehicles on private land, making technical changes to make language non-gender specific. 

Amends GS 14-208.6, the definitions section for the Sex Offender and Public Protection Registration Programs, to specifically add a reference to GS 14-27.24 (first-degree statutory rape) in the definition of sexually violent offense.

Makes clarifying change to the catchline of GS 20-171.24, which now reads as Motorized all-terrain vehicle use by municipal and county employees permitted on certain highways (was, Motorized all-terrain vehicle use by employees of listed municipalities and counties permitted on certain highways). 

Amends GS 28A-2-4, concerning subject matter jurisdiction of clerks of superior court in estate proceedings, making technical corrections and specifying that in special proceedings clerks of superior court also lack the jurisdiction as specified in this section.

Amends GS 28A-2B-2 concerning venue for estate proceedings, providing that venue is the county where the petitioner whose will or codicil is the subject of the petition resides (was, where domiciled).

Amends GS 28A-19-5(b) concerning certain contingent or unliquidated estate claims, making a clarifying correction.

Amends GS 31B-1(a) concerning property rights, providing that permissible appointees or takers in default under a power of appointment exercised by a testimentary instrument or a nontestimentary instrument can also renounce at any time, in whole or in part, the right of succession to any property or interest.

Amends the catchline for GS 108A-70.21, which now reads Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans (was, Program eligibility; benefits; enrollment fee and other cost-sharing; coverage from private plans; purchase of extended coverage plans). Makes an organizational change. 

Amends GS 146-9(b)(4) concerning the disposition of mineral deposits in state lands not under water, making a technical correction.

Amends GS 153A-340(h) concerning temporary moratoria on county approval of development, deleting duplicative language. 

Amends GS 160A-332(a) concerning electric service inside corporate limits, updating a cross-reference.

Amends GS 160A-372(e) and (f) concerning content of subdivision control ordinances, making technical changes. 

Amends Section 7.1 of SL 2014-107, adding language that provides that Section 5.1 of this Session Law, which clarifies that the common law rule against accumulations no longer applies to trusts, applies to all trusts created before, on, or after the effective date of the act. This change is effective retroactively, effective August 6, 2014. 

Directs the Department of Transportation (DOT) to develop and implement a program, by December 1, 2016, so that individuals can apply for the erection of a highway roadside memorial, honoring an immediate family member that died as the result of injuries suffered from an automobile accident near that roadside.  Sets out and defines the terms immediate family member and memorial for use in this act. 

Specifies that a fee of $500 will be charged for each memorial to cover administrative and construction costs, with any remaining fees being transferred on a quarterly basis to the Humane Society of the United States to cover rescuing costs of animals in North Carolina.

Directs the DOT to provide an interim report by September 1, 2016, to the Joint Legislative Transportation Oversight Committee concerning progress made on the development and implementation of the program. Requires a final report with final details of the program to be submitted by January 1, 2017.

Amends GS 115D-5(b), which authorizes the State Board of Community Colleges (Board) to provide for waiver of tuition and registration fees for specified persons, by adding a new category of persons eligible for waiver that covers firefighters, EMS personnel, and rescue and lifesaving personnel whose permanent duty station is within the State and whose departments have mutual aid agreements with one or more surrounding areas, for courses that support their organizations' training needs and are approved for this purpose by the Board.

Amends GS 115D-39(a1) to provide that federal law enforcement officers, firefighters, EMS personnel, and rescue and lifesaving personnel whose permanent duty station is within the state and who do not otherwise qualify for tuition waivers under new GS 115D-5(b)(2a) are also eligible for the state resident community college tuition rate for courses that support their organizations' training needs and are approved for this purpose by the Board.

Amends GS 135-5, concerning retirement benefits for teachers and state employees, adding new subsection (uuu), providing for cost-of-living increases depending on the retirement date of the individual, as specified.

Amends GS 128-27, concerning retirement benefits for county, city, and town employees, adding new subsections (hhh) through (lll), which provide for cost-of-living increases depending on the retirement date of the individual, as specified. Provides that the cost-of-living increases represent increases already provided by the Board of Trustees to members of the Local Government Employee's Retirement System.

Amends GS 120-4.22A, concerning retirement benefits for members of the legislative retirement system, adding new subsection (z), providing for cost-of-living increases depending on the retirement date of the individual, as specified.

Amends GS 135-65, concerning retirement benefits for individuals in the consolidated judicial retirement system, adding new subsection (ff), providing for cost-of-living increases depending on the retirement date of the individual, as specified.

Appropriates $168 million from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments for the 2016-17 fiscal year to implement the cost-of-living adjustment authorized in this act.

Effective July 1, 2016.

Amends GS 120-3.1, which concerns subsistence and travel allowances for General Assembly members as follows. Prohibits paying a subsistence allowance for meals and lodging to a member as compensation for services rendered after the twenty‑second legislative week of the session during a regular session of the General Assembly in odd‑numbered years. Prohibits paying a subsistence allowance for meals and lodging to a member as compensation for services rendered after the eighth week of the session during a regular session of the General Assembly in even‑numbered years. Specifies that the term "legislative week" does not include periods when the General Assembly is not in session, as provided in the statute. These prohibitions on payment do not apply to: (1) any extra session called under Section 11(2) of Article II (extra sessions on legislative call) or Section 5(7) of Article III (extra session called by the Governor) of the North Carolina Constitution or (2) any reconvened session called under Section 5(11) of Article III (session reconvened by the Governor for consideration of a vetoed bill) of the North Carolina Constitution. Effective when the act becomes law and applies to the 2016 Regular Session of the 2015 General Assembly.

Effective July 1, 2016, reduces the funds appropriated from the General Fund to the General Assembly for 2016-17 by $1 million.

Enacts the Protect North Carolina's School-Age Children from Lead Exposure Act of 2016, setting out and defining 11 terms for use in the act, including elevated lead level and drinking water outlet. Requires each school to test drinking water outlets for the presence of lead, with the test being analyzed by a laboratory that is a NC State Laboratory Public Health Environmental Sciences Certified Laboratory. Specifies procedures and timelines for conducting water tests, allowing schools to seek assistance from a local health department or a public water system to ensure compliance with testing requirements. Specifies five immediate actions that must be taken if a school's water sample reveals an elevated lead level, including immediately restricting access; providing notification to parents, school personnel, and teachers; and conducting subsequent tests for confirmation. Requires the Department of Environmental Quality (DEQ) and the Division of Public Health (DPH) to develop technical guidance for reducing lead in drinking water as well as develop state-specific guidance for lead testing. Requires a joint report from the DEQ, DPH, and the Department of Public Instruction to be submitted by January 15, 2017, to the Environmental Review Commission, Joint Legislative Oversight Committee on Health and Human Services, and the Joint Legislative Education Oversight Committee, detailing the implementation and results of the testing program. Sets out required components of the report. Provides that above requirements do not apply to schools that are public water systems.

Requires DEQ and DPH, within 15 business days of the effective date of the act, to provide specified guidance, best management practices, and sampling summaries to the Department of Public Instruction, the Division of Nonpublic Education, and to each public school. 

Also requires the DEQ and the DPH to study and determine the sufficiency of the federal Lead and Copper Rule to protect public health in North Carolina. Specifies other evaluations that should be undertaken. Requires a report by December 1, 2016, to the Environmental Review Commission and the Joint Legislative Oversight Committee on Health and Human Services.

Appropriates $10 million from the General Fund to the Department of Public Instruction to reimburse public schools as specified for the costs of testing drinking water for lead exposure. Allows up to 5% of the funds to be used for administrative costs by specified entities. Funds remaining can be used for other specified associated costs in rectifying drinking water issues. 

Authorizes the Hickory Public Schools, the Newton-Conover City Schools, and the Rutherford County Schools to establish and implement a five-year pilot program to increase the high school dropout age from 16 years old to the completion of the school year coinciding with the calendar year when a student reaches  the age of 18. Provides that the pilot program can be implemented beginning with the 2016-17 school year and will end in the 2020-21 school year. Establishes guidelines for determining how to deal with habitually absent kids or specified kids that have reached the age of 18 but are noncompliant regarding school attendance. Provides that funds available to implement the pilot program can also be used to (1) hire up to three additional teachers and (2) fund student-related costs in order to serve a greater number of students. Requires the local school administrative units and the State Board of Education to report to the Joint Legislative Education Oversight Committee, the House Appropriations Committee on Education, and the Senate Appropriations Committee on Education/Higher Education  with an interim report on January 15, 2018, with a final report on or before January 15, 2021. Sets out six components of the reports, including analysis of graduation rates and the number of at-risk students served in any night programs. Requires certain local resolutions to be adopted before pilot programs can commence. 

Effective July 1, 2016. 

Reenacts GS 105-151.31 (earned income tax credit), which provides an individual who claims an income tax credit under section 32 of the Internal Revenue Code (Code) for the taxable year to receive a credit against the tax imposed by the Individual Income Tax Act (Act) as it existed immediately before its specified sunset expiration and recodifies the statute as GS 105-153.11.  Also amends the statute by establishing that the allowable credit against the tax imposed by the Act is to be equal to 10% (was, a percentage of up to 5% based on the taxable year) of the amount of credit the individual qualified for under section 32 of the Code.  Amends the sunset provision to repeal the statute effective for taxable years beginning on or after January 1, 2020.

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

To be summarized

Enacts new Article 7A, titled Achievement School District and Innovation Zones, in GS Chapter 115C, Elementary and Secondary Education. Includes five definitions for use in the Article: achievement school, achievement school district (ASD), achievement school operator (AS operator), ASD superintendent, and qualifying school.  Provides that under the administration of the State Board of Education (SBE), the ASD is established in order to assume supervision, management, and operation of elementary schools that have been selected as achievement schools. Sets out the process for selecting a superintendent to serve as an executive officer of ASD.

Specifies the selection process for qualifying schools to be included in the ASD, including that the SBE, upon the recommendation of the ASD superintendent, will select no more than five qualifying schools to be transferred to the ASD, provided that the five schools represent geographic diversity, including urban and rural schools. Establishes a selection process based on an analysis of performance of a particular school over the most recent three-year period. Also included in the process are public hearings. Provides that the ASD superintendent must identify the chosen schools by November 15, with the SBE selecting the final schools no later than January 15.

Provides that after selection by the SBE, the local board of education can determine to either (1) close the selected qualifying school, (2) transfer the school into the ASD, or (3) request adoption of the principal turnaround reform model for the school. Requires the local board to hold public hearings in regards to the final decision, with the local board adopting a resolution by March 1 in regards to the final decision.

Establishes the selection process by which the SBE selects an AS operator for prospective achievement schools. Provides that the SBE, on the recommendation of the AS superintendent, can select an entity as an AS operator only after the entity has demonstrated either that (1) the school(s) operated by the entity show a record of improved performance in a substantial number of persistently low-performing schools or (2) the entity has a credible and specific plan for dramatically improving student achievement in low-performing schools, along with evidence that it operated schools with such growth over the prior three years. Further provides that once selected, an AS operator will have direct management over an achievement school for the period of a five-year contract, with a direct role in decisions about finance, human capital, curriculum, and instruction.

Provides that the schools, once chosen as an achievement school, remain open with enrollment as was established prior to the transfer. Also sets out certain facility and capital expenditure expectations, including that the local board of education remains responsible for facility and capital expenditures at the school.

Sets out procedures and understandings covering various aspects of school operation, including procedures for transportation, student records, procedures for the selection of employees, or the employment of employees of the local board of education. Also requires reasonable amounts of liability insurance and that the achievement school participate in the National School Lunch Program.

Establishes requirements for funding for achievement schools, providing for allocations from the SBE as well as from the local board of education. 

Sets out accountability and governance requirements for achievement schools, including setting clear goals, empowering and equipping teachers and school leaders, as well as selecting and managing the school's principal.

Provides that an achievement school must remain under the supervision of the ASD for a minimum of five years by way of a contract with an AS operator. Specifies terms and options that must be included in such a contract, including early termination of contract based on performance, closure of an achievement school based on performance, state board optional extension of contract for three years, AS Operator option to extend contract for three years, and termination of contract based on other grounds. Provides that no achievement school can remain under the supervision of the ASD for more than eight years. Requires the SBE to make all decisions related to contracts for AS operators no later than May 1.

Establishes the procedure for creating innovation zones, whereby a local board of education that has transferred a qualifying school to the ASD can ask the SBE to create an innovation zone for up to three continually low-performing schools within its local school administrative unit. The SBE must grant such requests. Sets out five requirements that each innovation zone must meet, including the development of a clear and specific plan for improving schools in that innovation zone.

Amends GS 115C-105.37A concerning low-performing schools, requiring the SBE to report to the superintendent of the ASD on any schools identified as a qualifying school.

Amends GS 115C-105.37B., Reform of continually low-performing schools, making conforming changes and establishing the principal turnaround model for continually low-performing schools or any qualifying school that was not made into an achievement school. This model is comprised of eight requirements, including replacing the current principal with a turnaround principal, and giving the turnaround principal the authority to select staff assigned to the school. Provides that the SBE can only authorize the principal turnaround model in no more than 10 schools statewide.

Amends GS 115C-321(a) concerning school employee personnel files, adding language that allows AS operators and the superintendent of the ASD to inspect and examine personnel records of specified employees.

Requires the SBE to contract with an independent research organization to evaluate the implementation and effectiveness of the ASD at the conclusion of the initial five-year contracts in 2022.  Sets out requirements of the contract and reporting requirements.

Appropriates $400,000 for 2016-17 from the General Fund to the Department of Public Instruction for salary and benefits for the ASD Superintendent, staff, and other expenses associated with the ASD. State the General Assembly's intent to appropriate $400,000 to the Department of Public Instruction for the 2017‑18 fiscal year and annually thereafter for salary and benefits for the ASD Superintendent, staff, and other expenses associated with the ASD.

States the General Assembly's intent to appropriate $375,000 for the 2017‑18 fiscal year and annually thereafter to the Department of Public Instruction for principal turnaround reform model grants. Upon appropriation of funds, requires the State Board of Education to award principal turnaround reform model grants of up to $75,000 per fiscal year for five years to local boards of education who (1) have been authorized to adopt the principal turnaround reform model by the State Board for a school and (2) provide a dollar‑for‑dollar match with non‑State funding for the requested grant amount. Requires principal turnaround reform model grants to be used by local boards of education to provide substantial incentives for turnaround principals and to provide additional discretionary funds for use by the turnaround principal to address specific issues in the school.

State the General Assembly's intent to appropriate $450,000 to the Department of Public Instruction for the 2017‑18 fiscal year and annually thereafter for innovation zone model grants. Upon appropriation of funds, requires the State Board of Education to award innovation zone model grants of up to $150,000 per fiscal year for five years to local boards of education who (1) have been authorized to adopt the innovation zone model by the State Board for up to three schools and (1) provide a dollar‑for‑dollar match with non‑State funding for the requested grant amount. Requires innovation zone model grants to be directed by local boards of educations to the innovation zone office to address specific issues in innovation zone schools.

Provides that this act becomes effective only if funds are appropriated for the ASD in the Current Operations Appropriations Act of 2016.  Once effective, supervision of achievement schools by the ASD begins with the 2017-18 school year, with the timeline for the selection of achievement schools to take place as specified.

Eliminates development tier designations:  Provides for the discontinuance of the use of the development tier designations determined by GS 143B-437.08 for all purposes and programs, including specifically listed programs, by the following departments and authority: Department of Agriculture and Consumer Services, the Department of Environmental Quality, the Department of Information Technology, the Department of Health and Human Services, the North Carolina Housing Finance Agency, the Department of Transportation, and the Department of Revenue.  Requires each entity to independently develop criteria to be used in place of development tier designations designed to achieve each program’s objectives.  Directs each entity to report the developed criteria by October 1, 2016, to the Fiscal Research Division and several other listed departments and committees.  Allows an entity required to discontinue use of the development tier designations by July 1, 2017, to use the last development tier designations published by the Department of Commerce until the earlier of developed replacement criteria or July 1, 2017.

Amends GS 143B-437.08 to replace the development tier designation with an economic distress index. Changes the title of GS 143B-437.08 to Economic distress index (currently, Development tier designation).  Amends GS 143B-437.08(b) to replace the development factor index with an index score that is the average of the following factors: (1) the average of: for rate of unemployment, the State’s average rate divided by the county’s average rate for the most recent 12 months; and for employment to population ratio, the county's ratio divided by the state's ratio for the most recent calendar year; (2) for medium household income, the county’s medium income divided by the state’s median for the most recent calendar year; (3) for average wage, the county’s average divided by the state’s average for the most recent 12 months, and (4) for percentage of adults 25 or older who have not received a high school diploma or equivalent, the state’s percentage divided by the county’s percentage for the most recent five year period. 

Directs the Secretary of Commerce to compute the index and rank and publish all the counties within the state according to their index score average from lowest to highest.  Amends GS 143B-437.08(d) to require the secretary of the Department of Commerce to measure rates of unemployment and average wage (was, median household income) by using the latest available data published by a state or federal agency generally recognized as having expertise concerning the data; and in measuring medium household income and educational attainment (was, population and population growth), to use the most recent estimates published by the United States Census Bureau (was, population certified by the State Budget Officer).  Eliminates the provision directing that population statistics do not include people incarcerated in federal or state prisons.  Eliminates GS 143B-437.08(e) through (j) to eliminate related provisions of the development tier designation.  Amends GS 143B-437.08(k) to make conforming changes to require the Secretary of Commerce to submit a report by November 30 of each year on the ranking (was, tier ranking), including a map of the state where the ranking (was, tier ranking) of each county is designated and individualized programmatic data concerning eligibility or other determinations using the ranking of each county is provided (was, map where the tier ranking of each county is designated).

Changes to statutorily set criteria for affected programs:  Amends GS 143B-431.01(d) to make conforming changes to nonprofit corporation board composition rules to reflect the change to the economic stress index in GS 143B-437.08, as amended, by replacing member appointment parameters based on the development tier system with parameters based on the economic stress index.  Eliminates the requirement to include the developed performance metrics of economic development functions itemized by development tier area designation pursuant to GS 143B-431.01(e)(2).  Amends GS 143B-431.01(k) to conform to the change from use of development tiers to economic stress index under GS 143B-437.08.

Amends GS 143B-437.01 to allow the Department of Commerce to use the rankings of the new economic stress index, under GS 143B-437.08 as amended, to determine local match requirements for purposes of the Industrial Development Fund Utility Account, which assists local government units of the most economically distressed counties in the state in creating jobs (previously, used development tiers).  Amends the definition of an economically distressed county as used for purposes of the Industrial Development Fund Utility Account to a county that, as the Department determines, using the rankings of GS 143B-437.08 (the economic stress index), is undergoing short- or long-term economic hardship.

Amends GS 143B-437.04(a) to allow the Department of Commerce to adopt guidelines to award Community Development Block Grants to ensure local match requirements, using the economic stress index rankings under GS 143B-437.08, are appropriate.

Amends GS 143B-437.07(a) to make conforming changes where the Department of Commerce is to report economic development grant information to include economic stress index rankings under GS 143B-437.08 (was, development tier designation).

Amends GS 143B-437.4 to eliminate preference for a project located in an eco-industrial park certified under the development tier, designated by GS 143B-437.08, in selecting between projects to receive grants from the NC Green Business Fund. 

Amends GS 143B-437.52 to make conforming changes to conditions required to be met for the Job Development Investment Program, where the new economic stress index rankings are to be used (was, development tier areas).  Eliminates the preference for an eco-industrial park designated under GS 143B-437.08 development tier system.  Makes conforming changes to GS 143B-437.53, GS 143B-437.55, and GS 143B-437.56 by replacing use of development tiers with economic stress index rankings under GS 143B-437.53 for the Job Development Investment Grant Program.  Eliminates maximum grant calculations based on development tiers and directs the Department of Commerce to use the economic stress index.  Eliminates definition of development tier from GS 143B-437.51.

Amends GS 143B-437.72 to eliminate the local government match formula for the One North Carolina Fund and instead directs the Department of Commerce to determine the local match requirement using the economic stress index ranking of GS 143B-437.08.

Amends GS 143B-472.35 to eliminate development tier limitations of the Main Street Solutions Fund grants and instead directs the Department to identify appropriate recipients of the assistance using the economic stress index ranking of GS 143B-437.08.

Amends GS 143B-472.127 and GS 143B-472.128 to eliminate development tier limitations for economic development grants or loans by the Rural Economic Development Division and instead uses the index rankings to determine economic distress. 

Amends GS 153A-15.1 and GS 158-7.3(a) to eliminate development tier criteria and replace with economic stress ranking criteria.

This section is effective November 30, 2016, and applies to economic development awards made and related determinations occurring on or after January 1, 2017.

Creates Commission:  Creates the North Carolina Commission on Economic Development for Distressed Communities (Commission) with 23 members, with 10 members appointed by the President Pro Tempore of the Senate with listed criteria for appointment; 10 members appointed by the Speaker of the House of Representatives with listed criteria for appointment; and three ex officio, nonvoting members.  Provides that the Secretary of Commerce or the Secretary’s designee will chair the Commission.

Directs the Commission to study North Carolina’s strategy for identifying and assisting economically distressed communities to develop a comprehensive state strategy to address chronic distress and target state aid to those communities, with listed objectives. 

Appropriates $200,000 for 2016-17 and $200,000 for 2017-18 from the General Fund to fund the Commission, and directs the Department of Commerce to assign personnel to assist the Commission.

Directs the Commission to submit a final report on the study and any recommendations or proposed legislation to the General Assembly no later than March 1, 2018, at which time the Commission will terminate.

Amends GS 143C-2-5, which requires the Office of State Budget and Management (OSBM), with the support of the Department of Information Technology, to build and maintain a database and website to be known as NC OpenBook for providing a single, searchable website on State spending for grants and contracts.  Requires all State contracts, whether bid competitively or otherwise, to be included in the database and Web site.  Also requires that the NC OpenBook website includes access to campaign finance reports made available online by the State Board of Elections.  

Provides that the head of each State institution, department, bureau, agency, or commission, or a designee, must conduct a quarterly review of all State contracts and grants administered by that agency, whether awarded competitively or otherwise (currently, does not provide language to require review of all State contracts and grants administered by that agency whether awarded competitively or otherwise). 

The above provisions are effective October 1, 2016.

Appropriates $50,000 from the General Fund to the OSBM for the 2016-17 fiscal year to pay for the costs of upgrading NC OpenBook as required by this act.  Effective July 1, 2016.

Requires Reporting

Requires the Department of Health and Human Services, Division of Medicaid Assistance (DHHS) to submit a report annually for the 2015-16 fiscal year, to be summited by November 2, 1026, and 2016-17 fiscal year, to be submitted by November 1, 2017, to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division, containing the following information: the annual statewide percentage of Medicaid applications processed in a timely manner for the fiscal year, the statewide average number of days to process Medicaid applications for each month in the fiscal year, the annual percentage of Medicaid applications processed in a timely manner by each county department of social services for the fiscal year, the average number of days to process Medicaid applications for each month for each county department of social services, the number of months during the fiscal year that each county department of social services met the timely processing standards in new Part 10 of Article 2 of GS Chapter 108A, the number of months during the fiscal year that each county department of social services failed to meet the timely processing standards in new Part 10 of Article 2 of GS Chapter 108A, a description of all corrective action activities conducted by DHHS and county departments of social services in accordance with new GS 108A-70.36., and a description of how DHHS plans to assist county departments of social services in meeting timely processing standards for Medicaid applications, for every county in which the performance metrics for processing Medicaid applications in a timely manner do not show significant improvement compared to the previous fiscal year.

Effective July 1, 2016.

Enacts Medicaid Eligibility Processing Timeliness Statutes

Enacts new Part 10, Medicaid Eligibility Decision Processing Timeliness, to Article 2 of GS Chapter 108A, Programs of Public Assistance of Social Services.   

Enacts GS 108A-70.31 to establish that if a federally recognized Native American tribe within the state has assumed responsibility for the Medicaid program pursuant to GS 108A-25E, then new Part 10 of Article 2 of GS Chapter 108A applies to the tribe in the same manner as it applies to the county departments of social services.

Enacts GS 108A-70.32 to require the county department of social services to render a decision on an individual’s application for Medicaid within 45 calendar days from the date of application, except for applications in which a disability determination has already been made or is needed where the county department of social services must render a decision on an individual’s eligibility within 90 calendar days from the date of application.

Enacts GS 108A-70.33 to require the counties to comply with timely processing standards, which are the average processing time standards and the percentage processed timely standards set forth in new GS 108A-70.34 and new GS 108A-70.35.  Directs the Department of Health and Human Services (Department) to monitor county department of social services' compliance with these standards in accordance with new Part 10.  Provides that for purposes of Part 10, processing time is the number of days between the date of application and the date of disposition of the application, except in cases where an eligibility determination is dependent upon receipt of information related to one or more of the following circumstances of subsubsections (1) through (7) of subsection (b): medical expenses sufficient to meet a deductible, the applicant's need for institutionalization, the applicant's plan of care for the home- and community-based waivers, the disability decision made by the Disability Determination Services Section of the Division of Vocational Rehabilitation of the Department, medical records needed to determine emergency dates for nonqualified aliens, the applicant's application or other information from the federally facilitated marketplace, and the applicant's application or other information in connection with an application for a Low Income Subsidy for Medicare prescription drug coverage.  Provides that in those cases where an eligibility determination is dependent upon receipt of information related to one or more of the listed circumstances, processing time excludes the number of days between the date when the county determines all eligibility criteria other than the above listed criteria and the date when the county receives the information related to that criteria. 

Provides that processing times are excluded from the calculation of the average processing time and percent processed timely for the following types of cases listed in subsection (c): newborns who are automatically enrolled based on their mother's eligibility, applications for individuals who are presumptively eligible for Medicaid, active cases in which an individual who is eligible for one program is transferred to another program regardless of whether the transfer occurs between allowable or nonallowable program categories, cases in which an individual transfers from an open case to another case  including establishing a new administrative case for the individual, actions to post eligibility to a terminated or denied case within one year of the termination or denial, cases that are reopened because they were terminated in error or because reopening of the terminated case is allowed by policy, and cases in which the eligibility decision was appealed and the decision was reversed or remanded. 

Allows the Department, in its discretion, to exclude days, other than those required by subsection (b) of the statute, from the calculation of processing time if the Department determines that the delay was caused by circumstances outside the control of county departments of social services.  Also allows the Department to, in its discretion, exclude types of cases, other than those described in subsection (c) of the statute, from the calculation of processing time.  Directs that, when the Department exercises its discretion pursuant to subsection (d), the Department's determination regarding circumstances outside the control of county departments of social services and the Department's decision to exclude types of cases are to be applied uniformly to all county departments of social services.

Enacts new GS 108A-70.34 to establish that the average processing time is calculated by finding the processing time for each case that received a disposition during a given month and finding the average of those processing times, and that the standard for average processing time is 90 days for cases in which the individual has applied for the Medicaid Aid to the Disabled category (M-AD) and 45 days for all other cases.

Enacts new GS 108A-70.35 to establish that the percentage processed timely is the percentage of cases that received a timely disposition in a given month, and the percentage processed timely is calculated by expressing the number of cases during a given month with a processing time equal to or less than the standard set in GS 108A-70.32 as a percentage of the total cases receiving a disposition during that month. Provides for when the deadline for meeting the timely decision standard in GS 108A-70.32 falls on a weekend or holiday. Authorizes the Department to adopt rules to establish a percentage standard for each county department of social services that will be the percentage processed timely standard for that county department of social services.  Provides that until the Department adopts rules establishing percentage standards for each county, the percentage processed timely standards are those established in 10A NCAC 23C .0203 as of April 2016.

Enacts new GS 108A-70.36 to direct the Department and the county department of social services to enter into a joint corrective action plan to improve the timely processing of applications if, for any three consecutive months or for any five months out of a period of 12 consecutive months, a county department of social services fails to meet either the average processing time standard or the percentage processed timely standard or both standards.  Requires the joint corrective action plan to specifically identify (1) the duration of the joint corrective action plan, not to exceed 12 months, and if a county department of social services shows measurable progress in meeting the performance requirements in the joint corrective action plan, then the duration of the joint corrective action plan may be extended by six months, but in no case may a joint corrective action plan exceed 18 months, (2) a plan for improving timely processing of applications that specifically describes the actions to be taken by the county department of social services and the Department, (3) the performance requirements for the county department of social services that constitute successful completion of the joint corrective action plan, and (4) acknowledgement that failure to successfully complete the joint corrective action plan will result in temporary assumption of Medicaid eligibility administration by the Department, in accordance with new GS 108A-70.37.

Enacts new GS 108A-70.37 to provide that, if a county department of social services fails to successfully complete its joint corrective action plan, the Department is to give the county department of social services, the county manager, and the board of social services or the consolidated human services board created pursuant to GS 153A-77(b) at least 90 days’ notice that the Department intends to temporarily assume Medicaid eligibility administration, in accordance with subsection (b). Requires the notice to include specified information, including the date on which the Department intends to temporarily assume administration of Medicaid eligibility decisions.  

Provides that if a county department of social services fails to successfully complete its joint corrective action plan, the Department is to temporarily assume Medicaid eligibility administration for the county upon giving notice.  Establishes that during a period of temporary assumption of Medicaid eligibility administration, (1) the Department must administer the Medicaid eligibility function in the county, (2) the county department of social services is divested of Medicaid administration authority, (3) the Department must direct and oversee the expenditure of all funding for the administration of Medicaid eligibility in the county, (4) the county must continue to pay the nonfederal share of the cost of Medicaid eligibility administration and cannot withdraw funds previously obligated or appropriated for Medicaid eligibility administration, (5) the county must pay the nonfederal share of additional costs incurred to ensure compliance with the timely processing standards required by Part 10, (6) the Department must work with the county department of social services to develop a plan for the county department of social services to resume Medicaid eligibility administration and perform Medicaid eligibility determinations in a timely manner, and (7) the Department must inform the county board of commissioners, the county manager, the county director of social services, and the board of social services or the consolidated human services board created pursuant to GS 153A-77(b) 34 of key activities and any ongoing concerns during the temporary assumption of Medicaid eligibility administration.

Provides that, upon the Department's determination that Medicaid eligibility determinations can be  performed in a timely manner by the county department of social services, the Department must notify the county department of social services, the county manager, and the board of social services or the consolidated human services board that temporary assumption of Medicaid eligibility administration will be terminated and the effective date of termination.  Establishes that, upon termination, the county department of social services resumes its full authority to administer Medicaid eligibility determinations.

Amends GS 150B-23 (provisions for administrative hearings) by enacting a new subsection (a5) to establish that a county that appeals a decision of the Department of Health and Human Services to temporarily assume Medicaid eligibility administration in accordance with GS 108A-70.37 may commence a contested case under Article 3 of GS Chapter 150B (Administrative Hearings) in the same manner as any other petitioner, and that the case is to be conducted in the same manner as other contested cases Article 3.

Provides that the corrective action procedures described in new GS 180A-70.36 supersede the corrective actions procedures in 10A NCAC 23C .0204 and 10A NCAC 23C .0205 related to timeliness processing of Medicaid applications by county department of social services.

Authorizes the Department to adopt and amend rules to implement new Part 10 of Article 2 of GS Chapter 108A.

Effective January 1, 2017 and applies to monthly timely processing standards on that date.

Appropriates Funds to Implement the Act

Appropriates $143,215 to the Department’s Division of Central Management and Support for the 2016-17 fiscal year in recurring funds to be used to fund three new Business System Analyst positions within the Operational Support Team under the Assistant Secretary of Human Services. Provides that these funds are to provide a State match for an estimated $143,215 in recurring federal funds in the 2016-17 fiscal year, and appropriates those federal funds to be used for the same purpose.  

Appropriates $156,785 to the Department’s Division of Social Services for the 2016-17 fiscal year in recurring funds to be used to fund four new Human Services Evaluator/Planner positions within the Performance Management Section of the Division of Social Services.  Provides that these funds are to provide a State match for an estimated $156,785 in recurring federal funds in the 2016-17 fiscal year, and appropriates those federal funds to be used for the same purpose.

Effective July 1, 2016.

Reenacts GS 148-32.1(a), as it stood on June 30, 2009.

Amends Section 16C.1 of SL 2015-241 concerning reimbursement to counties for housing convicted inmates, parolees, and post-release supervisees while awaiting transfer, providing that the fee per day is $42 (was, $40). 

Effective July 1, 2016.

Directs the Office of Historically Underutilized Businesses of the Department of Administration, in conjunction with the Department of Commerce, The University of North Carolina, and the State Board of Community Colleges, to develop and implement an initiative to enhance public awareness of North Carolina's Historically Underutilized Business Program. Appropriates $1 million to the Office of Historically Underutilized Businesses from the General Fund in nonrecurring funds for the 2016-17 fiscal year to pay for advertising and the development and production of educational materials as part of the initiative developed to enhance public awareness of North Carolina's Historically Underutilized Business Program.  

Amends GS 143-48.4, concerning the statewide uniform certification of historically underutilized businesses, by adding the administration of a program for  the identification and recruitment of potential historically underutilized businesses for certification, the provision of assistance to potential historically underutilized businesses in the certification process, and the provision of assistance to historically underutilized businesses with bid preparation, to the specified powers, authority, and duties of the Secretary of Administration (Secretary). Requires the entities specified in subsection (b), with whom the Secretary is required to seek input from in determining the qualifications and criteria for statewide uniform certification of historically underutilized business, to also assist the Secretary in the Secretary's efforts to identify and recruit potential historically underutilized businesses for certification.  Makes technical changes.

Amends GS 143-128.4, concerning statewide uniform certification of historically underutilized business by adding the same additional power and duties of the Secretary that were added in GS 143-48.4, as amended.  In addition, requires the specified entities to also assist the Secretary in the Secretary's efforts to identify and recruit potential historically underutilized businesses for certification, in the same way as GS 143-48.4, as amended.  Makes technical changes.

Directs the Office of Historically Underutilized Businesses (Office) to create a mentoring program to assist historically underutilized businesses in navigating current economic challenges, and requires the Office to report the following information to the Joint Legislative Oversight Committee on General Government, no later than November 1, 2016: (1) which method or methods the Office determined would be most effective at assisting historically underutilized businesses: internships, apprenticeships, networking programs, job training programs, and other programs, and (2) potential costs and benefits of each type of mentoring.

Effective July 1, 2016.

Enacts new GS 120-32.7 to establish the process for hiring outside counsel to serve the General Assembly.  Requires the Legislative Services Commission (Commission), no later than October 1 of each even-numbered year, to solicit sealed bids to serve as outside counsel to the General Assembly or any of its officers on matters related to anticipated litigation challenging enacted legislation. Requires sealed bids to be solicited by advertisement in multiple newspapers widely distributed in the state and through electronic means. Requires each advertisement to state the time and place for opening of the bids and reserve to the Commission the right to reject any or all bids and to take those actions authorized by subsection (g) of the statute. Requires that the period for soliciting bids is to be no less than 30 calendar days and bids cannot be opened until at least three bids have been received.  Establishes that all bids are to be opened in a public meeting of the Commission. Directs the Commission to award the contract to the lowest responsible, responsive bidder or bidders, taking into consideration quality and performance, as determined by a vote in open session of a majority of members of the Commission.  

Provides that the procedures set forth in this statute are the sole methods for hiring or retaining outside counsel by the General Assembly or for any of its officers. Requires the Commission to ensure that all General Assembly outside counsel contracts that are currently open for bidding, as well as all bids received and all award decisions, are posted to the General Assembly's website.  Provides that nothing in the statute is to be construed to prevent the Commission from hiring or retaining outside counsel separate from counsel initially selected through the bidding process. Establishes that when a special need to hire or retain additional counsel arises, the Commission must use the same method set forth above to select the outside counsel who will be retained to handle a particular legal need, except that at least two bids have been received before bids are opened.

Amends GS 120-31(a), concerning the organization of the Commission, to require that, of the four members of the Commission appointed by the President Pro Tempore and the four members appointed by the Speaker of the House of Representatives, at least two Senators and at least two Representatives must be members of the minority party.  Also amends GS 120-31(f) to establish that in any case where any provision of law or any rule of the Commission requires approval of any action by the Commission, approval of that action by the President Pro Tempore of the Senate and by the Speaker of the House of Representatives constitutes approval of the Commission, except as provided in GS 120-32.7(e).  

Makes conforming changes to GS 120-32.6.

Applies to the hiring or retention of counsel beginning with the 2017 Regular Session of the General Assembly.

Appropriates $20,000 from the General Fund to the General Assembly for the 2016-17 fiscal year to pay for the cost of technological upgrades necessary in order for the General Assembly to carry out its duties under GS 120-32.7(f) (posting  outside counsel bidding and award information to the General Assembly website).  Effective July 1, 2016.

Appropriates from the General Fund to the Department of Administration, Human Relations Commission, $814,789 in recurring funds for the 2016-17 fiscal year. Specifies that $269,382 must be used to fund one administrative assistant, three human relations specialists, and one intake specialist. Provides that remaining funds must be used for operations mandated by statute, with the limitation that they cannot raise the funding for advertising or training with State funds more than 5% above current funding levels. 

Effective July 1, 2016

As title indicates.

As title indicates.

As title indicates.

Amends GS 15A-1340.16(e) concerning aggravated and mitigated sentences, enacting new subdivision (14a), which provides that it is a mitigating factor that the defendant has been diagnosed as suffering from posttraumatic stress disorder (PTSD) as a result of his or her military service and is undergoing treatment for that condition. Sets out and defines PTSD for use in this section. Requires documentary evidence to be submitted to the court to verify military service and PTSD diagnosis. Effective October 1, 2016.

Appropriates from the General Fund to the NC Military Affairs Commission $25,000 for the 2016-17 fiscal year to help support the State's Veterans Treatment Court. Effective July 1, 2016. 

Submits to the voters of the state at the election held in November 2016 the question of the reallocation of $490 million of issued State of North Carolina Public Improvement Bonds from the University of North Carolina allocated for projects as determined by the UNC Board of Governors to transportation projects listed as the next-highest-scoring Strategic Mobility-funded category under GS 136-189.11 that are shovel-ready, so long as the aggregate amount of the allocation does not exceed the sum reallocated. If a majority of those voting on the bond question in the election vote in favor of the reallocation of the bonds, then those bonds will be allocated as provided above; if a majority votes no, then no reallocation will take place. Provides that absentee ballots are authorized for the election and will be available 50 days prior to the date of the election. Requires the results of the election to be certified by the State Board of Elections to the Secretary of State.