Senate amendment makes the following changes to the 3rd edition.
Amends Section 1 introductory language, correcting a statutory reference.
Amends the effective date clause, providing that the act is effective October 1, 2016, applying to trials commencing on or after that date (previously, applied to trials on or after that date).
The Daily Bulletin: 2016-05-24
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The Daily Bulletin: 2016-05-24
Intro. by Stam, Faircloth, Glazier, Hurley. | GS 20 |
Senate committee substitute makes the following changes to the 1st edition.
Deletes the previous edition and replaces it as follows.
Changes the long title to AN ACT TO PROTECT STUDENT ONLINE PRIVACY.
Enacts GS 115C-401.2 to prohibit an operator from knowingly doing any of four specified activities. Defines operator as, to the extent that it is operating in this capacity, the operator of an Internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K-12 school purposes and was designed and marketed for K-12 purposes. Excludes from the definition of operator a K-12 school or local board of education that operates an Internet website, online service, online application, or mobile application for that K-12 school or local board of education's own K-12 school purposes. Establishes the first prohibition to be that an operator may not knowingly engage in targeted advertising on the operator's site, service, or application if the targeting of advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator's site, service, or application for K-12 school purposes. Defines targeted advertising as presenting an advertisement to a student where the advertisement is selected based on information obtained or inferred over time from that student's online behavior, usage of applications, or covered information. Excludes from the definition of targeted advertising advertising to a student at an online location based upon that student's current visit to that location, or in response to that student's request for information or feedback, without the retention of that student's online activities or requests over time for the purpose of targeting subsequent ads. Defines covered information as any personally identifiable information or material created or provided in use of the application or for K-12 purposes, gathered in the course of the application's operation, including, but not limited to, name, address, electronic mail address, Social Security numbers, grades, medical records and other specified identifying information. Defines K-12 school purposes as purposes that are directed by or that customarily take place at the direction of a K-12 school, a teacher, a local board of education, or the State Board of Education, or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the K-12 school. Defines K-12 school and local board of education as specified.
Establishes the second prohibition to be that no operator may knowingly use information, including persistent unique identifiers, created or gathered by the operator's site, service, or application, to amass a profile about a student except in furtherance of K-12 school purposes. Provides that amass a profile does not include the collection and retention of account information that remains under the control of the student, the student's parent or guardian, or K-12 school.
Establishes the third prohibition to be that no operator may knowingly sell or rent a student's information, including covered information. Excludes from this prohibition the purchase, merger, or other type of acquisition of an operator by another entity, if the operator or successor entity complies with the statute regarding previously acquired student information, or to national assessment providers if the provider secures the express written consent of the parent or student who is at least 13 years of age given in response to a clear, conspicuous notice, solely to provide access to employment, educational scholarships or financial aid, and postsecondary educational opportunities.
Establishes the fourth prohibition to be that no operator may knowingly disclose covered information, except as otherwise provided in subsection (d), or unless the disclosure is made for the following purposes: (1) in furtherance of the K-12 school purpose of the site, service, or application, if the recipient of the covered information disclosed under subsubsection (4) of subsection (b) does not further disclose the information unless done to allow or improve operability and functionality of the operator's site, service or application; (2) to ensure legal and regulatory compliance or protect against liability; (3) to respond to or participate in the judicial process; (4) to protect the safety or integrity of users of the site or others or the security of the site, service, or application; (5) to a third party for a school, educational, or employment purpose requested by the student or the student's parent or guardian, provided that the information is required not to be used or further disclosed by the third party for any other purpose; and (6) to a subcontractor, if the operator contractually prohibits the subcontractor from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator, prohibits the subcontractor from disclosing any covered information provided by the operator with subsequent third parties, and requires the subcontractor to implement and maintain reasonable security procedures and practices. Provides that this does not prohibit the operator's use of information for maintaining, developing, supporting, improving, or diagnosing the operator's site, service, or application. Defines subcontractor as an entity providing a service to an operator under contract and on its behalf to further a K-12 purpose.
Requires an operator to (1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that covered information from unauthorized access, destruction, use modification, or disclosure and (2) delete a student's covered information within 45 days if the K-12 school or local board of education requests deletion of covered information under the control of the K-12 school or local board of education, unless a student who is at least 13 years of age, a parent, or a guardian provides express written consent in response to clear and conspicuous notice to the maintenance of covered information.
Allows an operator to use or disclose covered information of a student under the following circumstances: (1) if other provisions of federal or state law require disclosure and the operator complies with federal and state law in protecting and disclosing the information; (2) for legitimate research purposes as required by federal or state law or as allowed in furtherance of K-12 school purposes as permitted by federal and state law, as long as no covered information is used for advertising or to amass a profile on the student for purposes other than for K-12 school purposes; (3) to a K-12 school, local administrative unit, or the State Board of Education for K-12 school purposes, as permitted by State or federal law; and (4) at the direction of a K-12 school, local administrative unit, or the State Board of Education for K-12 school purposes, as permitted by State or federal law.
Provides that the statute does not prohibit an operator from the following: (1) using covered information not associated with an identified student within the operator's site, service or application or other sites, services or applications owned by the operator to improve educational products; (2) using covered information not associated with an identified student to demonstrate the effectiveness of the operator's products or services, including their marketing; (3) sharing covered information not associated with an identified student for the development and improvement of educational sites, services, or applications; (4) using recommendation engines to recommend to a student additional content or services, as specified; and (5) responding to a student's request for information or for feedback to help improve learning without the information or response being determined in whole or in part by payment or other consideration from a third party.
Provides seven limitations of the statute as follows. Provides that the statute does not (1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order; (2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes; (3) apply to general audience Internet websites, online services, online applications, or mobile application, even if login credentials created for an operator's site, service, or applications may be used to access those general audience sites, services or applications; (4) limit service providers from providing Internet connectivity to schools or students and their families; (5) prohibit an operator of an Internet website, online service, online application, or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under the statute; (6) impose a duty on the provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with the statute on those applications or software; (7) impose a duty upon a provider of an interactive computer service to review or enforce compliance with the statute by third-party content providers; and (8) prohibit students from downloading, exporting, transferring, saving, or maintaining their own student data or documents.
Effective October 1, 2016.
Intro. by Saine. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Makes a clarifying change to GS 135-8(b)(5).
Amends GS 135-8(f)(3), concerning the Retirement System for Teachers and State Employees, by clarifying that before the Board of Trustees can assess a penalty on an employer in the event the employee or employer contributions required under the statute are not received by the date set by the Board, it must be true that a one-time exception, as provided in GS 135-5(m2), as amended, has not been agreed upon in advance due to exigent circumstances.
Amends GS 128-30(g)(3), concerning the Retirement System for Counties, Cities and Towns, to make the same change as that made to GS 135-8(f)(3), as described above.
Identical to S 884, filed 5/19/16.
Pursuant to GS 150B-21.3(b1), this act disapproves four rules adopted by the North Carolina Wildlife Resource Commission on March 18, 2015, and approved by the Rules Review Commission on April 16, 2015 (GS 150B-21.3(b1) provides for delayed effective dates of rules promulgated under the Administrative Procedure Act in the event of the General Assembly putting forth a bill specifically disapproving a rule).
The four rules specifically disapproved are 15A NCAC 10B. 0106 (Wildlife Taken for Depredations), 15A NCAC 10B. 0219 (Coyote), 15A NCAC 10I. 0102 (Protection of Endangered/Threatened/Special Concern), and 15A NCAC 10I. 0104 (Threatened Species).
Intro. by Cleveland. | UNCODIFIED |
The Daily Bulletin: 2016-05-24
Senate committee substitute makes the following changes to the 3rd edition.
Changes the long title.
Makes clarifying change to Section 1(a)(5).
Adds to the statement of intent in Section 1(b) that it is also the intent of the General Assembly to avoid disputes with persons and owners of land with a situs recognized, as a result of a boundary certification, to be in the State. Replaces "border" with "boundary" throughout Section 1(b). Corrects reference in defining border certification to subsection (c) of Section 1 (was, Section 3 of the act).
Amends Section 1(c), concerning certification of the boundary between North Carolina and South Carolina, to provide that the certification is for purposes other than property tax (currently, does not excluded property tax purposes), and that the certification is as of January 1, 2017 (was, January 1, 2016). Adds that for property tax purposes, the General Assembly certifies that, as of January 1 of the year following the year the act becomes effective or the year an executive order is issued by the Governor proclaiming the boundary between North Carolina and South Carolina, whichever is earlier, the boundary between North Carolina and South Carolina is the boundary that was established in the original survey and resurveys that were adopted through legislative and executive actions, and the reestablished boundary has been approved by the boundary commissions of North Carolina and South Carolina and proclaimed as the boundary by the Governor, pursuant to GS 141-5.
Replaces "border" with "boundary" throughout Section 2(a). Amends Section 2(b), concerning designating an establishment to which permits may be issued under GS 18B-1006(n1), as enacted by this act, as a special class of property under the North Carolina Constitution, to provide that the motor fuel sold by that establishment is to be taxed at a rate of 16 cents a gallon (deletes reference to tax rate for the 2016 calendar year). Adds that an establishment designated as a special class of property by Section 2(b) may obtain monthly refunds on the difference between the motor fuel excise tax imposed under GS 105-449.80 and the motor fuel excise tax imposed by Section 2(b). Provides that the difference in taxes, together with any interest, penalties, or costs that may accrue thereon, are a lien on the real property underlying the establishment (was, on the real property of the taxpayer) as provided in GS 105-355(a). Provides that the deferred taxes, which are the difference in taxes carried forward in records by the Department, for the preceding three (was, four) calendar years are due and payable on the day Section 2(b) becomes ineffective due to the occurrence of a disqualifyng event. Adds provision that the amount collected for deferred taxes pursuant to Section 2(b) cannot exceed the tax value of the property. Clarifies that a disqualifying event occurs when the title to the real property underlying the establishment is transferred (was, when the establishment is transferred) to a new owner. Clarifies that the lien for deferred taxes is extinguished when the amount required by Section 2(b) is paid (was, when the taxes are paid). Provides that for property tax purposes, Sections 2(a) and 2(b) are effective on the date of certification applicable to property tax purposes provided in Section 1(c) of the act, and that for all other purposes, effective for taxable periods beginning on or after January 1, 2017.
Deletes the previous language of Section 3 and replaces it with the following.
Requires the North Carolina Geodetic Survey to record the final survey of the confirmed boundary in the office of the register of deeds in every county in the State where real property has been affected by the certification of the boundary. Provides that the applicable uniform fees in GS 161-10 apply to the recordation of the final survey. Requires the register of deeds to register and index the surveys in accordance with the provisions of Article 2 (duties of the office of register of deeds) of GS Chapter 161.
Requires that, for parcels of real property affected by the certification of boundary, situated in whole or in part within the boundaries of the State, the North Carolina Geodetic Survey is to record a Notice of Affected Parcel in the office of the register of deeds in the county or counties where each affected parcel is situated, and the register of deeds is to register and index the Notice in accordance with Article 2 of GS Chapter 161. Establishes that notwithstanding any other provisions of law to the contrary, the register of deeds cannot collect any fees or taxes for the Notice recorded pursuant to Section 3(b). Requires the Notice to contain reference to the act; the recording reference for the final survey of the confirmed boundary recorded pursuant to Section 3(a); the names of the record owners of the parcel; the property address of the parcel; a tax parcel identification number or other applicable identifier used by a county tax office, if available; a brief description of the property, if available; and a source deed reference for the parcel, if available.
New Section 3(c) establishes that title to real property previously treated as being subject to the jurisdiction of the State of South Carolina but that is recognized as being within the boundaries of North Carolina as a result of the certification of the boundary is not affected by the certification of the boundary or the recognition of the real property as being within the boundaries of North Carolina. Establishes that all conveyances and instruments of title, as defined by the act, of any sort, made prior to the certification of the boundary are to be recognized and given full faith and credit in North Carolina according to the law, jurisdiction, and terms in effect at the time of the conveyance in the jurisdiction the property was previously treated as being subject to.
Establishes that liens recorded prior to the boundary certification with the register of deeds or docketed with the clerk of superior court in the county in the State where the affected parcel is situated is to attach, as a class, to the affected parcel as of the effective date and time of the boundary certification. Provides that this class of liens is to be assigned priority as of the date of the border certification but is to remain the same priority among themselves as if Section 3(d) did not apply.
Prohibits the Commissioner of Insurance, with respect to a real estate title insurance company that previously operated only in South Carolina and issued a policy of title insurance in compliance with South Carolina law for a parcel of real estate now determined to be located wholly or partially in North Carolina, from (1) requiring a certificate of authority to do business as a real estate title insurance company under Article 26 GS Chapter 58 or (2) taking enforcement action against any title insurance company for failure to comply with Articles 26, 27, or 28 of GS Chapter 58 applicable to real estate title insurance companies in North Carolina or any other statutory or regulatory requirements applicable to all insurance companies in North Carolina.
Provides that nothing in Section 3 is intended to prevent the Commissioner of Insurance from entering into a memorandum of agreement with the South Carolina Department of Insurance with respect to enforcement of South Carolina law against real estate title insurance companies subject to Section 3.
Amends Section 4 by amending the existing language of Section 4 and moving it to new Section 4(a), and enacting a new Section 4(b), as follows.
Establishes that foreclosure actions initiated on real property encumbered by a security instrument (was, encumbered by a lien) recorded in South Carolina wherein the real property is situated, in whole or in part, within the certified North Carolina boundaries are to be governed by the terms of the security instrument sought to be enforced for that portion of real property recognized as being in a different state (previous language does not distinguish portion recognized as being in a different state). Establishes that a party seeking to enforce the terms of the security agreement may report to judicial foreclosure in accordance with the terms within the security instrument (was, security interest). Provides that, prior to initiating an action to enforce a security instrument, the security instrument or a certified copy (previously, did not allow a certified copy) must be recorded in the office of the register of deeds for the county where the subject property is situated. Adds that the provisions of GS 45-10(a) apply with regard to the appointment or substitution of a trustee for any mortgage or deed of trust foreclosed pursuant to Section 4(a).
New Section 4(b) establishes that, notwithstanding any other provision of law to the contrary, for mortgages foreclosed pursuant to Section 4(a), a mortgagee or its successors or assigns are entitled to bid at a foreclosure sale conducted pursuant to a judgment or order of foreclosure entered by the courts of the State.
Makes technical change to Section 6(c).
Replaces "border" with "boundary" certification in GS 18B-1006(n1)(2).
Amends Section 10 by replacing "Department of Environment and Natural Resources" with "Department of Environmental Quality" throughout the Section. Adds provision to establish that nothing in Section 10 is intended to limit the applicability or employment of existing procedures under North Carolina statutes and regulations granting waivers or variances from otherwise applicable environmental rules or standards.
Changes the date from January 1, 2016, to January 1, 2017, where the owner or occupant of a dwelling unit or commercial establishment on improved property deemed to be located in whole or in party in the State of North Carolina as a result of the boundary certification may continue to receive utility services from the South Carolina utility or its successor providing service to the property. Also changes the date from January 1, 2016, to January 1, 2017, where the owner or occupant may elect to have one or more utilities being provided to the property by a South Carolina utility to be provided by a North Carolina utility as long as the property is located within North Carolina utility's service area.
Intro. by Tucker. | GS 18B |
Conference report makes the following changes to the 3rd edition.
Provides that the House recedes from Amendment #2, adopted on May 4, 2016, which deleted language concerning qualified tuition and related expenses and replaced it with requirements that for the taxable years of 2015 and 2016, a taxpayer must add to their adjusted gross income the amount excluded from the taxpayer's gross income for the discharge of qualified principal residence indebtedness under section 108 of the Code unless the discharge of qualified principal indebtedness is for either of the specified reasons concerning contamination. Therefore, the conference report adopts the second edition of the act, as engrossed on April 28, 2016.
Intro. by Rucho, Rabon, Tillman. | GS 105 |
Senate committee substitute makes the following changes to the 1st edition.
Amends the act's long title.
Amends GS 115C-296, specifically the new provisions which state that the State Board of Education (SBE) will require all applicants for licensure to have a criminal history check, adding language to clarify that this a requirement for all applicants for licensure in the State of North Carolina.
Amends newly enacted GS 115C-297.1, School personnel criminal history checks, setting out and defining applicant for use in this statute. Also amends the definition for criminal history, making technical changes and provides that a plea of nolo contendere to a crime is also included in the definition for "criminal history." Further amends the definition to also state that the conviction of or plea of nolo contendere to a crime is considered criminal history if the conviction or nolo contendere plea indicates that the applicant otherwise fails to meet the standards and criteria adopted by the SBE concerning the ethics and moral character required for professional educators. Makes conforming changes and provides that written findings by the SBE regarding how criminal history information was used will only occur when an applicant is denied based on the review of their criminal history (previously, required such written findings in all licensure decisions).
Amends GS 115C-218.90(b) and GS 115C-238.73 to allow charter school boards of directors and regional school boards of directors to require applicants for school personnel positions to be checked for criminal history against the State and National Repositories of Criminal History as specified. Amends GS 115C-218.90(b) further to also require fingerprinting and to make information received in the background check privileged. Further amends GS 115C-238.73 to exclude applicants for a personnel position at a regional school from the criminal history check if the individual has received a license within six months of employment that required the equivalent of the check requirement in (c) of the statute.
Amends GS 115C-332, concerning the general regulations of elementary and secondary education institutions, to require criminal history checks for school personnel and to provide an exemption for the criminal history check for those applicants for school personnel positions with a local board of education that received a license within the last six months prior to employment that required a criminal history check at least equivalent to the required criminal history check. Allows local boards of directors and local boards of education to charge applicants for the criminal history check.
Amends GS 143B-931, concerning powers of the Department of Public Safety (DPS), making conforming changes to allow DPS to provide state and national criminal histories to the board of directors of charter schools.
Deletes language that required the SBE to require applicants for licensure renewal to undergo a criminal history check if they had not previously been checked for criminal history by the SBE.
Amends the effective date clause, providing that the bill is effective when it becomes law, applying to all applications for licensure received 60 days on or after that date (previously, effective July 1, 2016, applying to applications for licensure received on or after that date).
The Daily Bulletin: 2016-05-24
The Daily Bulletin: 2016-05-24
Adds a section removing described property in the Cedar Grove Township from the City of Asheboro's corporate limits. Specifies that the act has no effect upon the validity of any liens of the City of Asheboro for ad valorem taxes or special assessments outstanding before the effective date of the act and that those liens may be collected or foreclosed upon after the effective date of the act as though the property were still within the corporate limits of the City of Asheboro.
Changes the act's short and long titles.
Senate committee substitute makes the following changes to the 1st edition.
Amends the act's short and long titles.
Enacts new GS 160A-279.5, Disposition of animals, which establishes that, upon the governing body determining any horse, dog, or other animal owned by the local government is no longer fit or needed for public service, the governing body may transfer ownership of the animal at a price determined by the governing body and upon any other terms and conditions as it deems appropriate.
Provides that the animal may be transferred to any of the following individuals, if that individual agrees to accept ownership, care, and custody of the animal: (1) the officer or employee who had normal custody and control of the animal during the animal's public service to the local government; (2) a surviving spouse, or in the event such officer or employee dies unsurvived by a spouse, surviving children of the officer or employee killed in the line of duty who had normal custody and control of the animal during the animal's public service to the local government; or (3) an organization or program dedicated to the assistance or support of animals retired from public service.
Establishes that the statute applies only to the counties of Duplin and Sampson, and all of the municipalities found in those counties, either in whole, or in part.
Senate committee substitute makes the following changes to the 1st edition.
Adds a section removing two specified parcels from the Town of Clyde's corporate limits. Provides that the act has no effect upon the validity of any liens of the Town of Clyde for ad valorem taxes or special assessments outstanding before the effective date of the act and that those liens may be collected or foreclosed upon after the effective date of the act as though the property were still within the corporate limits of the Town of Clyde.
Actions on Bills: 2016-05-24
H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)
H 357: Chemical Analysis Reports/District Court
H 474: EXCLUDE YR. ROUND TRACK-OUT PROGRAM/CHILD CARE.
H 632: STUDENT ONLINE PROTECTION ACT. (NEW)
H 960: RETIREMENT CREDITABLE SERVICE CHARTER SCHOOLS.
H 1011: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2016.-AB
H 1023: MUNICIPAL SERVICE DISTRICTS/STATUTORY CHANGES.
H 1027: STUDY UNFUNDED LIABILITY/RETIREE HEALTH FUND.
H 1050: DOT/NO DISCRIMINATION AGAINST MOTORCYCLISTS.
H 1141: OBSERVANCE OF MEMORIAL DAY.
H 1144: SUPPORT WRC RESOLUTIONS/BUNCOMBE ROW HUNTING (NEW).
S 71: COMM'N APPOINTMENT MODIFICATIONS (NEW).
S 575: NC/SC ORIGINAL BORDER CONFIRMATION.
S 726: IRC UPDATE.
S 748: CHANGE REPORT - BUILD. & INFRASTRUCTURE COMM.
S 770: NC FARM ACT OF 2016 (NEW)
S 818: INCREASE THE ZERO TAX BRACKET.
S 832: EXPAND 1%/$80 EXCISE TAX FOR PORTS EQUIP.
S 853: HONOR FORMER SENATOR PARMON.
S 867: PROTECT STUDENTS IN SCHOOLS.
Actions on Bills: 2016-05-24
H 964: COMMISSION MEMBERSHIP WINSTON-SALEM RET. FUND.
S 739: TOWN OF ROLESVILLE/ANNEXATION.
S 774: MARVIN AND ASHEBORO/DEANNEXATION (NEW).
S 787: STOKES COUNTY/LOCAL ACTS - BY REQUEST.
S 831: DUPLIN/SAMPSON/DETENTION CONTRACTS ANIMALS (NEW).
S 852: TOWN OF BAKERSVILLE/TOWN OF CLYDE/DEANNEX. (NEW)
S 874: SANFORD/HARNETT OT.
S 875: TOWN OF SUNSET BEACH/DEANNEXATION.
S 881: UNION COUNTY SCHOOL FUNDING.
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