Senate committee substitute makes the following changes to the 3rd edition.
Amends proposed GS 42A-33, concerning the responsibilities and liability of a real estate broker in managing a vacation rental property, by adding a real estate firm managing a vacation rental property on behalf of a client to the civil immunity provision of proposed subsection (b). Also, changes the civil immunity provision to provide protection from personal liability to a real estate broker or firm in any civil action between the landlord and tenant solely because the real estate broker or firm fails (previously, if the real estate broker fails) to identify the landlord of the property in the vacation rental agreement.
Amends GS 42-44, concerning the general remedies, penalties, and limitations of Article 5 of GS Chapter 42, Residential Rental Agreements, as amended by the act, by adding "real estate firm managing a rental property on behalf of a landlord" to the civil immunity provision of proposed subsection (c1). Also, changes the civil immunity provision to now provide protection from personal liability to a real estate broker or firm as defined in GS 93A-2 in any civil action between the landlord and tenant solely because the real estate broker or firm fails (previously, if the real estate broker fails) to identify the landlord of the property in the rental agreement.
The Daily Bulletin: 2016-06-14
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The Daily Bulletin: 2016-06-14
House amendment #2 makes the following changes to the 4th edition, as amended.
Amends GS 115C-218.35, concerning the lease of buildings or land to charter schools, by breaking the existing language into four subsections, (a) through (d).
Also establishes that, for purposes of the statute, a building or land is available if it is closed, vacant, or otherwise unused for classrooms, administrative offices, or extracurricular activities of the schools of the local board of education.
Requires the local board of education (local board) to make a decision on the charter's request to lease a building or land within 90 days of the request. Provides that, if the local board does not make a decision within 90 days of the request of the charter school, the local board of education must provide a written explanation of its reasons for not acting on the request within the 90-day time period to the North Carolina Charter Schools Advisory Board and the Joint Legislative Education Oversight Committee.
Amends the proposed revision to SL 2014-101, Section 6.5, concerning the fast-track replication process, to require the State Board of Education (Board) to ensure that the rules for a fast-track replication process provide that decisions by the Board on whether to grant a charter through the replication process are completed no later than October 15 of the year immediately preceding the year of the proposed school opening (previously, completed in less than 90 days from the application submission date). Makes conforming changes.
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 14-309.14, which sets out provisions that apply to beach bingo games, by amending proposed (5)a, to provide that the application for a beach bingo license is to be made to the State Bureau of Investigation (previously, to the Department of Public Safety) on a form prescribed by the Bureau (previously, prescribed by the Department). Makes conforming changes.
Makes conforming changes to Section 2 of the act. Provides that, beginning October 1, 2016 (previously, October 1, 2015), the Bureau may accept applications, charge and collect application fees, and issue licenses as provided in GS 14-309.14(5), as enacted by the act.
Directs the Reviser of Statutes to replace any reference to the Department of Public Safety with the State Bureau of Investigation wherever it appears in Part 2 of Article 37 of GS Chapter 14 (Bingo and Raffles).
Changes the effective dates of the act as follows.
Provides that proposed GS 14-309.14(5)c is effective October 1, 2016 (previously, October 1, 2015), and applies to applications submitted on or after October 1, 2016 (previously, October 1, 2015), and offenses committed on or after that date.
Provides that the remainder of proposed GS 14-309.14(5) is effective December 1, 2016 (previously, December 1, 2015), and applies to offenses committed on or after that date.
| Intro. by Hurley. | GS 14 |
House amendment makes the following changes to the 3rd edition.
Amends GS 74D-2(c), which sets out licensing requirements for a business entity that engages in the alarm system business with respect to a qualifying agent, by eliminating the proposed addition to subdivision (1) that required that if a business entity maintains a physical presence in the State, the qualifying agent must be a resident of the State.
Reinstates GS 74D-3(4), which was eliminated in the previous edition, providing that the provisions of GS Chapter 74D (Alarm Systems) do not apply to an alarm monitoring company located in another state which demonstrates to the Board's satisfaction that it does not conduct any business through a personal representative present in the State but which solicits and conducts business solely through interstate communication facilities such as telephone messages, earth satellite relay stations, and the United States postal service. Makes a technical change.
House committee substitute makes the following changes to the 1st edition.
Deletes the requirement that the Joint Legislative Study Committee on Public Records and Open Meetings submit an interim report to the 2015 General Assembly when it convenes in 2016. Now requires a final report to be submitted to the 2017 General Assembly (was, final report to be submitted to the 2015 General Assembly).
| Intro. by Collins, L. Hall, Hamilton, Blust. | STUDY |
Senate committee substitute makes the following changes to the 2nd edition.
Changes the act's long title to AN ACT TO AMEND PENALTIES AND REMEDIES FOR FACILITIES LICENSED TO CARE FOR THE MENTALLY ILL, DEVELOPMENTALLY DISABLED, OR SUBSTANCE ABUSERS AND FOR ADULT CARE HOME FACILITIES; AND TO REMOVE THE SUNSET FOR PILOT PROGRAM TO STUDY THE USE OF ELECTRONIC SUPERVISION DEVICES IN CERTAIN FACILITIES.
Changes the short title.
Deletes all provisions of the previous edition and now provides as follows.
Section 1
Amends GS 122C-24.1, which sets out the penalties and remedies for facilities licensed to care for the mentally ill, developmentally disabled, or substance abusers, as follows.
Amends subsection (a), concerning the classification of violations and penalties assessed according to the nature of the violation of Article 2 (Licensure of Facilities for the Mentally Ill, the Developmentally Disabled, and Substance Abusers) or Article 3 (Clients' Rights and Advance Instruction) of GS Chapter 122C or applicable State or federal laws and regulations, as specified, by eliminating subdivision (1b), which defined Past Corrected Type A1 or Type A2 Violation and set out factors for the Department of Health and Human Services (Department) to consider in determining whether to assess a penalty.
Adds new subdivision (1c) to define substantial risk, as it is used in the statute, to mean the risk of an outcome that is substantially certain to materialize if immediate action is not taken.
Adds new subdivision (2a) to establish that a Type A1, Type A2, or Type B violation, as defined in subsection (a), cannot include a violation by a facility of the regulations, standards, and requirements set forth in Article 2 or 3 of GS Chapter 122C or applicable State or federal laws and regulations governing the licensure or certification of a facility if five criteria are met: (1) the violation was discovered by the facility; (2) the Department determines that the violation was abated immediately; (3) the violation was corrected prior to inspection by the Department; (4) the Department determines that reasonable preventative measures were in place prior to the violation; and (5) the Department determines that subsequent to the violation, the facility implemented corrective measures to achieve and maintain compliance.
Amends subsection (i) to provide that, in lieu of assessing all or some of the administrative penalty, the Secretary of the Department may order a facility to provide staff training, or consider the approval of training completed by the facility after the violation, if four criteria are met (previously, may order a facility to provide staff training if the training meets three specified criteria). Provides that (1) the training must be determined by the Department to be specific to the violation (previously, did not specify as determined by the Department), (2) the training must be approved by the Department, (3) the training must be taught by someone approved by the Department, and (4) the facility has corrected the violation and continues to remain in compliance with the regulation (previously, there was not a fourth requirement to require the facility to have corrected the violation and remain in compliance). Makes technical changes to subsection (i).
Section 2
Amends GS 131D-34, which sets out the penalties and remedies for facilities licensed to care for adult home care residents, as follows.
Amends subsection (a), concerning the classification of violations and penalties assessed according to the nature of the violation of the requirements of GS Chapter 131D-21 (the Declaration of residents' rights) or applicable State or federal laws and regulations, as specified, by eliminating subdivision (1b), concerning provisions on past corrected Type A1 or Type A2 violations, identical to those eliminated by the act in subdivision (1b) of GS 122C-24.1(a).
Adds new subdivision (1c) to define substantial risk, as it is used in the statute, to mean the risk of an outcome that is substantially certian to materialize if immediate action is not taken (identical to new subdivision (1c) of GS 122C-24.1(a), as enacted by the act).
Adds new subdivision (2a), to establish that a Type A1, Type A2, or Type B violation, as defined in subsection (a), cannot include a violation by a facility of the regulations, standards, and requirements set forth in GS 131D-21 or applicable State or federal laws and regulations governing the licensure or certification of a facility if five criteria are met, which are identical to the five criteria of new subdivision (2a) of GS 122C-24.1(a), described above.
Amends subsection (c1), which requires the Department to document the findings of facts supporting a penalty determination in a written record by eliminating the penalty review committee from the affected parties to which the Department is required to make the written record available (conforming change to the elimination of subsection (h), discussed below).
Amends subsection (f) to provide that any penalty imposed by the Department under the statute must commence on the date of the letter of notification of the penalty amount (previously, on the date the violation was identified).
Amends subsection (g1) to make identical changes as those made to GS 122C-24.1(i), allowing the Secretary of the Department to order a facility to provide staff training, or consider the approval of training completed by the facility after the violation, if four criteria, identical to those specified in GS 122C-24.1(i), are met, in lieu of assessing all or some administrative penalty.
Eliminates subsection (h), which directed the Secretary of the Department to establish a penalty review committee within the Department that was to review administrative penalties assessed pursuant to the statute and GS 131E-129, as specified.
Repeals SL 2015-264, Section 91.4(b), which provides a sunset provision of June 30, 2016, to Section 91.4(a) of SL 2015-264, which (1) continued and extended the pilot program established by the Department, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleeping hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance and (2) waived the requirement of 10A NCAC 27G.1704, which establishes the minimum staffing requirements for residential treatment facilities for children and adolescents, with the Division reserving the right to rescind the waiver in certain circumstances, as specified.
Senate amendment makes the following changes to the 3rd edition.
Amends GS 20-58.4, concerning the release of a security interest in a vehicle, by amending and reformatting the proposed revisions to subsection (e) and proposed subsection (e1).
Provides in subsection (e) that, if it is possible for the owner to secure from the secured party the release contemplated by the statute, the owner may exhibit to the Division of Motor Vehicles such evidence as may be available showing satisfaction or other discharge of the debt secured, together with a sworn affidavit by the owner that the debt has been satisfied. Makes technical change to subsection (e).
Deletes the provisions of proposed subsection (e1), and instead moves, and adds to, the language from proposed subdivision (2) of subsection (e) of the previous edition to subsection (e1). Provides that, if the vehicle is a manufactured home, the owner may proceed in accordance with subsection (e), as amended, or may in the alternative provide the Division with a sworn affidavit by the owner that the debt has been satisfied and that either (1) after diligent inquiry the owner has been unable to determine the identity or the current location of the secured creditor or its successor in interest or (2) the secured creditor has not responded within 30 days to a written request from the owner to release the secured creditor's security interest.
Moves and amends the proposed language from subsection (e1) to new subsection (e2), and provides that the Division may treat either of the methods employed by the owner pursuant to subsection (e) or subsection (e1) of the statute (previously, either of the methods provided in subsection (e)) as a proper release for purposes of the statute when satisfied as to genuineness, truth, and sufficiency thereof.
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 143-50.2, Oversight of certain service contracts, by replacing the language "change(s)," "changing," and "change" of a service provider with "select," "selecting," and "selection" of a service provider, throughout the statute. Amends subsection (b) by deleting the "notwithstanding any other provision of law" phrase that precedes the provision prohibiting a State agency from selecting the provider of an agency service until it has done the three specified requirements.
Amends the directive, now requiring the Office of State Budget and Management to develop and submit (previously, to develop and implement) a plan to determine whether services provided by state agencies could be more effectively provided by private providers, as that term is defined in GS 143-50.2(d)(2), as enacted by Section 1 of the act. Makes a technical change.
| Intro. by Horn, Davis, Hurley, Dollar. | GS 143 |
House amendment makes the following changes to the 3rd edition.
Deletes the proposed revisions to GS 106-568.53(2), as follows.
Eliminates the provision establishing that, for the 2017 growing season, no licensee can be issued a license or licenses for demonstration plots greater than a combined 50 acres in size, and the total acreage of all licensed demonstration plots cannot exceed 2,500 acres. Eliminates the provision establishing that, for the 2018 growing season, no licensee can be issued a license or licenses for demonstration plots greater than a combined 100 acres in size, and the total acreage of all licensed demonstration plots cannot exceed 5,000 acres.
Eliminates the provision establishing that, for the 2017 and 2018 growing seasons, the Commission cannot issue a license or licenses to allow any person to cultivate more than the applicable licensee acreage limit established by subsection (2). Eliminates the provision providing that, for purposes of subsection (2), the number of acres a person is licensed to cultivate includes acres held by a corporation in which the person holds a controlling interest.
House committee substitute makes the following changes to the 1st edition.
Requires the Department of Transportation to also send its report on the results of the study and any recommendations for changes to State environmental law to the Joint Legislative Transportation Oversight Committee in addition to the Environmental Review Commission.
| Intro. by Dixon. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Amends GS 93B-1 to now define occupational licensing board as any board, committee, commission, or other agency in the state that receives no General Fund revenue and is given statutory authority to: (1) determine minimum qualifications required for licensure for a particular profession or occupation, (2) issue licenses to qualified applicants, (3) regulate the conduct of licensees within a particular profession or occupation, (4) seek injunctive relief to prohibit unlicensed individuals or entities from engaging in certain activities as defined by statute, and (5) collect fees to support agency operations. Specifically identifies 64 boards that are the only occupational licensing boards included, and prohibits adding boards or commissions to the list without approval by the Joint Legislative Administrative Procedure Oversight Committee. Makes additional technical changes.
Amends GS 93B-2 to require that the occupational licensing board annual reports also be submitted to the Department of Commerce, State Auditor, Office of State Budget and Management, and the State Controller and no longer requires submission to the Secretary of State or the Attorney General. Adds to the information that must be reported: (1) certification of a proper system of internal control and other financial information;(2) report of all civil penalties, civil forfeitures, and civil fines collected and remitted to the Civil Penalty and Forfeiture Fund; (3) additional information concerning fees; and (4) a financial audit if the board has a budget of at least $50,000. Makes organizational changes. Requires that the reports be posted on the boards' websites. Makes conforming changes to GS 93B-4.
Amends GS 93B-5 to increase the cap on board member payments from $100 to $200 each day during which members are engaged in board business.
Requires that the complaint process provided for in GS 93B-22, as enacted by the act, must be implemented and active on each board's Web site no later than January 1, 2017.
Amends GS 115C-457.2 (remittance of money to the Civil Penalty and Forfeiture Fund) to allow boards to satisfy the statute's reporting requirements by including the required information in the board's annual report.
Amends GS 143C-9-4 (biennial fee report) to require the Office of State Budget and Management to obtain the information required in the statute from the board's annual report.
Amends GS 143D-7 (agency management responsibilities) to allow boards to satisfy the statute's reporting requirements by including the required information in the board's annual report. Also, breaks the statute down into three new subsections, (a) through (c).
Amends GS 150B-38 (scope of administrative hearings) to provide that the provisions of Article 3A of GS Chapter 150B (APA) apply to occupational licensing boards, as defined by GS 93B-1 (previously, occupational licensing agencies).
Amends GS 150B-45 to provide that if a petition for judicial review of a final decision is filed in an incorrect county, the Superior Court may order a change of venue; however, improper venue is not grounds for dismissal of the petition.
House committee substitute makes the following changes to the 1st edition.
Amends the act's long title.
Makes numerous technical and stylistic changes to the included whereas clauses. Also adds a clause and deletes a clause.
Provides that members of the General Assembly pledge to be faithful in governing in accordance with the NC Constitution and the US Constitution, taking particular care to uphold the Bill of Rights and the NC Declaration of Rights in their entirety (previously, act did not include the NC Declaration of Rights).
| Intro. by Pittman, Speciale, Brody, Ford. | JOINT RES |
Provides that the General Assembly confirms the Governor's appointee, Fred Steen, to the Board of Review as the member representing employers and with a term beginning July 1, 2016, and ending June 30, 2020.
| Intro. by Lewis. | JOINT RES |
As title indicates.
| Intro. by B. Richardson, Baskerville, Michaux, L. Hall. | HOUSE RES |
The Daily Bulletin: 2016-06-14
House committee substitute makes the following changes to the 4th edition.
Amends act's short and long titles.
Deletes Section 3 of the bill in its entirety which enacted statutes providing for the removal of specified portions of land from the State Nature and Historic Preserve from the following state parks: Gorges State Park, Jockey’s Ridge State Park, and Mitchells Millpond State Natural Area. Also deletes language that provided that three parcels of land from Hanging Rock State park will be removed from the State Parks System.
Makes a technical correction to a statutory reference in the effective date clause.
House committee substitute makes the following changes to the 2nd edition.
Changes the long and short titles.
Section 1
Amends proposed GS 116-209.16A, which requires the State Education Assistance Authority (Authority) to provide specified information on career and major options, as follows.
Requires the Authority to provide information on a Web site (previously, on its Web site) under a section labeled "Know Before You Go" to students and parents to assist in selection of major and career options that are provided in the statute.
Requires the Authority to provide information on projected employment needs in the labor economy and associated salary ranges for those areas of employment, college majors which can fulfill those needs, and institutions of higher education that may provide those major, only as data is available (previously, data availability was not provided for).
Changes the data to be included in the outcome information of public and private institutions of higher education in the State that the Authority is required to provide to now include the percentage of graduates employed within six months of graduation, by major (previously, included the percentage of graduates employed full-time within six months of graduation, by major).
Effective April 1, 2017 (previously, effective when the act becomes law).
Section 2
Amends GS 116-143.1, setting out the provisions for determining resident status for tuition purposes, by adding a new subdivision to subsection (a) that defines Authority, as used in the statute, to mean the State Education Assistance Authority created by and authorized to act under Article 23 of GS Chapter 116.
Amends subsection (d) to establish that an individual cannot be classified as a resident for tuition purposes and be rendered eligible to receive the in-State tuition rate until the individual provides evidence related to legal residence and its duration as may be required by the coordinated and centralized residency determination process administered by the Authority in accordance with Article 14 of GS Chapter 116 (General Provisions as to Tuition and Fees in Certain State Institutions; specifically, GS 116-204(12) as enacted by the act) on behalf of officials of the institution of higher education from which the individual seeks the in-State tuition rate (previously, provided that officials of the institution of higher education from which the individual seeks the in-State tuition rate may require the evidence related to legal residence and its duration).
Current subsection (e) establishes that, when an individual presents evidence that the individual has living parent(s) or a court-appointed guardian of the person, the legal residence of the parent(s) or guardian is prima facie evidence of the individual's legal residence, which may be reinforced or rebutted, as specified. Amends subsection (e) to establish that the legal residence of an individual whose parents are domiciled outside of the State cannot be prima facie evidence of the individual's legal residence if the individual has lived in the State for five consecutive years prior to enrolling or reregistering at an institution of higher education (previously, prior to enrolling or reregistering at the institution of higher education at which resident status for tuition purposes is sought).
Makes clarifying changes to subsection (i).
Amends GS 116-201(b) to define student, as used in Article 23 of GS Chapter 116 (State Education Assistance Authority), to mean, with respect to scholarships, grants, and work-study programs, a resident of the State for tuition purposes under the criteria set forth in GS 116-143.1 and in accordance with any definitions of residency that may be prescribed by the Board of Governors of the University of North Carolina (previously, a resident of the State, in accordance with definitions of residency prescribed by the Board of Governors of the University of North Carolina and published in the residency manual of the Board), who, under regulations adopted by the Authority, has enrolled or will enroll in an eligible institution for the purpose of pursuing his or her education beyond the high school level, who is making suitable progress in his education in accordance with standards acceptable to the Authority and, for the purposes of GS 116-209.19, who has not received a bachelor's degree or qualified for it and who is otherwise classified as an undergraduate under those regulations that the Authority may promulgate.
Amends GS 116-204, which sets out the powers of the Authority, by adding a new subsection (12) to authorize the Authority to administer the coordinated and centralized process for determining residency for tuition and State-funded financial aid purposes that is jointly developed and implemented by The University of North Carolina, the North Carolina Community College System, and the Authority, in consultation with the North Carolina Independent Colleges and Universities.
Amends GS 116-281, which sets out the eligibility requirements to receive a scholarship for a student seeking a degree, diploma, or certificate at an eligible private postsecondary institution, by amending the third requirement to provide that a student must qualify as a legal resident of the State and as a resident for tuition purposes under criteria set forth in GS 116-143.1 (previously, does not specify criteria set forth under GS 116-143.1, as amended) and in accordance with definitions of residency that may be adopted by the Board of Governors of The University of North Carolina (previously, that may be adopted by the Board of Governors and published in the residency manual of the Board).
Amends GS 115C-499.2, which sets out the eligibility requirements to receive a scholarship for a student seeking a degree, diploma, or certificate at an eligible postsecondary institution, by amending the third requirement to make the identical changes as those made to the third requirement of GS 116-281, as amended by the act.
Amends GS 105-259(b), which prohibits the disclosure of tax information by an officer, an employee, or an agent of the State who has access to that information in the course of service to or employment by the State, by adding a new subdivision (52) to allow disclosure if the disclosure is made to furnish tax information to the State Education Assistance Authority as necessary for administering the coordinated and centralized residency determination process in accordance with Article 14 of GS Chapter 116, provided that standards used or to be used for the selection of returns for examination and data used or to be used for determining the standards may not be disclosed for any purpose.
Directs the State Board of Community Colleges to adopt a policy that requires the community colleges within the North Carolina Community College System to accept only the residency classification jointly developed by The University of North Carolina, the North Carolina Community College System, and the Authority in consultation with the North Carolina Independent Colleges and Universities as required by the act under the coordinated and centralized process for determining residency for tuition purposes.
Directs the Authority to establish a council consisting of representatives of The University of North Carolina, the North Carolina Community College System, and the North Carolina Independent Colleges and Universities to guide and assist the Authority in formulating, developing, and implementing any policies necessary for the proper administration and maintenance of the coordinated and centralized process for determining residency for tuition and State-funded financial aid as required by the act.
Effective September 1, 2016, and applies to all undergraduate enrollments for academic quarters, terms, or semesters that begin on or after January 1, 2017, and to all graduate enrollments for academic quarters, terms, or semesters that begin on or after January 1, 2018.
House committee substitute makes the following changes to the 2nd edition.
Amends the short and long titles.
Deletes all of the provisions of the previous edition and replaces it with the following.
Enacts GS 153A-331.1 concerning performance guarantees on county subdivision streets, providing that these newly enacted provisions apply to all developments approved on or after October 1, 2016, and retroactively to all county residential subdivisions or development plans approved on or after October 1, 2010, that include an offer of dedication of roads and the roads have been constructed and opened for travel and are fully completed. Sets out four general requirements for all performance and residual performance guarantees, including (1) that a county ordinance can, but is not required to, provide for performance guarantees for new streets offered for dedication; (2) that the ordinance must provide for the performance guarantee pursuant to additional requirements found in subsections (g) through (j); (3) that developers may or may not provide a performance guarantee and can be permitted to record a plat and proceed to construct the street, but must provide the residual performance guarantee prior to the issuance of any building permit for construction in a subdivision or development; and (4) performance or residual performance guarantees for subdivision streets must be in a form as defined in GS 160A-372(g)(1), meaning a surety bond, letter of credit, or other acceptable means of guarantee, at the election of the developer. Provides in subsections (c) through (k) specific requirements and limitations for performance and residual performance guarantees, including in (c) that the amount of a street performance guarantee (and an extension of the guarantee) cannot exceed 125% of the reasonably estimated cost of completion and that in (d) a performance guarantee can only be used for completion of required improvements and not for repairs or maintenance after completion. Further provides in (e) for the extension of a street performance guarantee if required improvements are not complete and the current performance guarantee is expiring. Provides for the release or incremental reduction of performance guarantees, establishing in (f) that any performance guarantee on a street must be released when it is confirmed by the Division of Highways that the street has been accepted for maintenance, but no later than 6 months following submission of a SR-2 form and upon presentation of any of four specified documents. Provides in (g) that the principal amount of the performance guarantee can be incrementally reduced during the course of construction to reflect the level of completion of the road. Concerning residual performance guarantees, provides in (h) that on certification that the road has been fully constructed, the performance guarantee amount must be reduced to a residual amount, the greater of 15% of construction cost or 125% of the pavement cost, providing that this reduced guarantee is known as the residual performance guarantee. Further details in (i) the purpose and use of the residual performance guarantee, specifically that the purpose is to allow a reasonable period of time so that new roads offered for dedication can attain the density required for acceptance. Also provides in (j) that residual performance guarantees must remain in place either until the road is accepted or for a period of one year from the date of issuance, whichever is less. Further details in (k) requirements and time frame that must be met for the release of a residual performance guarantee. Provides in subsections (l) through (n) the process, procedures, and timelines for Department of Transportation (DOT) acceptance, specifically that DOT must accept subdivision roads offered for public dedication within subdivisions or developments approved on or after October 1, 2010, that are fully completed or confirmed by a built to standards letter as soon as is possible after January 1, 2017, if specified metrics are met. Provides that roads that meet the requirements can be proposed for acceptance by either the county or another party to the Division of Highways and that acceptance by the Division of Highways must be issued as soon as the Division can review the streets and assure that they meet conditional requirements, provided that the review occurs within 60 days of the request. Provides in subsection (o) that counties can make improvements to bring streets up to standards for acceptance if necessary and recover costs in doing so. Provides specified applicability exceptions of the provisions in this section in subsection (p) and details terms for use in this statute as they apply to the components of the road construction in subsection (q). Sets out four conditions or actions in subsection (r) that cannot be a basis for denial or delay of acceptance by the DOT for streets or roads completed between October 1, 2010, and September 30, 2016. Directs the DOT in subsection (s) to work with each county to provide necessary information so that counties can compile a readily available "County Public Street Information Database," to be completed before January 1, 2018. Describes and specifies which roads are to be included.
Amends GS 136-18, concerning the powers of the DOT for road improvements related to K-12 schools, specifically to roadways, driveways and bus parking on public K-12 school sites, providing that the DOT is now authorized to expend up to $60,000 per project and has the power to grant final design approval. Provides that the term "public school" includes a public charter school, and that a public charter school includes public charter schools opened on or after July 1, 2015. Gives the DOT power to grant final project design approval. Also amends the power of the DOT as far as its authority to oversee improvements to public roads adjacent to but not located on any school property of any K-12 school. Further provides that the DOT has power to grant final project design approval, but that schools can engage private traffic engineers for the design as specified. Provides that the DOT can only require improvements required for safe ingress and egress to the State highway system and that are physically connected to a school driveway. Also provides that improvements made to the State highway system provided by the school must be reimbursed by the DOT. Defines school and improvements.
Enacts GS 160A-307.1, Limitation on city requirements for street improvements related to schools, providing that a city can only require street improvements related to K-12 schools that are required for the safe ingress and egress to the municipal street system and that are physically connected to a driveway on the school site. Specifies limits for required improvements, providing the improvements cannot exceed those required pursuant to GS 136-18(29), concerning the size, location, direction of traffic flow, and the construction of driveway connections. Sets out further details concerning agreements for improvements as well as reimbursement requirements by the DOT.
Enacts GS 153A-340(k1) (applicable to counties) and GS 160A-381(g1) (applicable to municipalities) concerning local government planning and regulation of development, providing that such regulations adopted by local governments must provide that schools are permitted as a matter of right in all zoning districts, including relocatable and modular school units. Provides that certain lighted athletic facilities can be subject to special use permit standards as accessory uses to the school, but such special use permit standards are limited to the portion of the school site where the athletic facility is located. Further provides that only street improvements for planned access drives from the athletic facilities connecting to public streets will be allowed. Defines school for the purpose of these statutes.
Effective October 1, 2016.
The Daily Bulletin: 2016-06-14
Senate committee substitute to the 2nd edition makes the following changes. Provides that Sections 1 and 2 are effective when they become law and apply only to construction projects and renovations by the County on the campus of Blue Ridge Community College between January 1, 2015 (was, January 1, 2014, in 2nd edition), and December 31, 2020. Makes technical changes.
| Intro. by McGrady, Whitmire. | Henderson |
The Daily Bulletin: 2016-06-14
Actions on Bills: 2016-06-14
H 151: VACATION RENTALS/ORANGE CO. JAIL CONSTRUCTION. (NEW)
H 169: RESTORE STATE CLAIM FOR WRONGFUL DISCHARGE (NEW)
H 242: VARIOUS CHARTER SCHOOL LAW CHANGES (New)
H 283: PREVENT SQUATTING IN FORECLOSED REAL PROPERTY (NEW).
H 287: AMEND INSURANCE LAWS.-AB
H 292: BEACH BINGO LICENSES.-AB
H 299: OCC.LIC./PRIVATE PROTECTIVE SVCS. ACT CHANGES-AB
H 436: UNAUTHORIZED PRACTICE OF LAW CHANGES.
H 499: STUDY/PUBLIC RECORDS & OPEN MEETINGS.
H 591: STUDY ROANOKE ISLAND FESTIVAL PARK GOVERNANCE (NEW).
H 667: FACILITY PENALTY & REMEDY/ELECTRON. SUPERVISE(NEW).
H 817: ENACT UNIFORM LAW ON ADULT GUARDIANSHIP.
H 870: CERT. OF TITLE/MANUF. HOME CHANGES.
H 877: IGNITION INTERLOCK REQ'D/ALL DWIS.
H 958: FELONY DEATH IMP. BOATING/SHEYENNE'S LAW.
H 962: DISTINGUISHED FLYING CROSS PLATE/NO FEE.
H 970: STATE CONTROLLER/CRIMINAL RECORD CHECKS.
H 976: ENHANCE OVERSIGHT OF SERVICE CONTRACTS/PED.
H 977: CONFIRM GREGORY MCGUIRE/SPECIAL SC JUDGE.
H 978: BILL DAUGHTRIDGE/INDUSTRIAL COMMISSION.
H 979: CONFIRM CHARLES VISER/SPECIAL SC JUDGE.
H 980: LINDA CHEATHAM/INDUSTRIAL COMMISSION.
H 981: CONFIRM MIKE ROBINSON/SPECIAL SC JUDGE.
H 986: ZETA PHI BETA/LONG LEAF PINE PLATE CHANGES. (NEW)
H 992: AMEND INDUSTRIAL HEMP PROGRAM.
H 1003: DOT TO STUDY SEPA REFORM IMPACTS.
H 1007: AMEND OCCUPATIONAL LICENSING BOARDS STATUTES.
H 1014: NC Pre-K Conforming Change/Taylor's Law.
H 1035: LGC/TRAINING FOR LOCAL GOV'T FINANCE OFFICERS.
H 1047: WELFARE REFORM/FOOD AND NUTRITION BENEFITS.
H 1130: PLEDGE TO UPHOLD THE BILL OF RIGHTS.
H 1145: DISAPPROVE DENTAL EXAMINERS RULE.
H 1146: MODIFY VARIOUS APPOINTMENTS.
H 1149: CONFIRM FRED STEEN/BOARD OF REVIEW.
S 19: UNIFORM RECORDING FEES - REGISTER OF DEEDS (NEW).
S 29: COUNTY EUGENICS COMPENSATION AUTHORITY. (NEW)
S 160: OFFICIAL STATE VETERANS DAY PARADE. (NEW)
S 303: REGULATORY REFORM ACT OF 2016. (NEW)
S 363: Wage & Hour/Local Gov't Assessments (NEW).
S 536: STUDENTS KNOW BEFORE YOU GO AND CENTRAL RESID. (NEW)
S 718: HONOR HARRIS BLAKE, FORMER SENATOR.
S 734: STATEWIDE STANDING ORDER/OPIOID ANTAGONIST.
S 748: CHANGE REPORT - BUILD. & INFRASTRUCTURE COMM.
S 778: Performance Guarantees/Subdivision Streets (New)
S 817: CONST. AMD. - MAX. INCOME TAX RATE OF 5.5%.
S 893: HONOR HENSON P. BARNES, FORMER MEMBER.
S 895: DISAPPROVE ENVIRON. MANAGEMENT COMM. RULES.
S 896: CONFIRM BEN SHELTON/AGRICULTURE BOARD.
Actions on Bills: 2016-06-14
H 952: HONOR OUR SERVICE ANIMALS/SHERIFF CONTRACTS.
H 956: HENDERSON COUNTY/COMMUNITY COLLEGE PROJECTS.
H 957: HENDERSONVILLE CHARTER AMENDMENT.
H 1009: RETIRED SERVICE ANIMALS/CERTAIN LOCAL GOV'TS (NEW).
H 1022: MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW)
H 1045: NEW BERN CHARTER/REVISED & CONSOLIDATED.
H 1131: TOWN OF ANDREWS/ETJ AUTHORITY.
H 1132: GLEN ALPINE DEANNEXATION.
S 878: JONESVILLE/BOONVILLE/EAST BEND/EVEN-YR ELEC'N.
S 881: UNION COUNTY SCHOOL FUNDING.
S 883: NORTHAMPTON COUNTY/WRC SHOOTING RANGES (NEW).
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