Senate committee substitute makes the following changes to the 1st edition.
Changes the long title to AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE; TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES; TO PROVIDE FOR TAXPAYER PROTECTIONS THAT ESTABLISH A STATE OF EMERGENCY SAVINGS RESERVE FUND; TO REDUCE THE MAXIMUM INCOME TAX RATE TO FIVE AND ONE-HALF PERCENT FROM TEN PERCENT; AND TO PROTECT THE RIGHT OF THE PEOPLE TO HUNT, FISH AND HARVEST WILDLIFE.
Changes the short title.
Part I
Deletes the provision allowing ballots, voting systems, or both to be used in accordance with GS Chapter 163 (Elections and Election Laws) in the statewide election where the constitutional amendment to add Section 19.1, Eminent Domain, to the North Carolina Constitution is to be submitted to qualified voters.
Provides that the amendment becomes effective January 1, 2017, subject to approval by voters at the November 8, 2016 election (previously, May 3, 2016, election).
Deletes Sections 4 and 5 of the previous edition, which revised GS 40A-3, concerning who had the authority to exercise the power of eminent domain.
Part II
Subject to approval by a majority of votes cast November 8, 2016, the act amends the North Carolina constitution by enacting a new Article XV, and amending Section 22 of Article II, as follows.
Adds new Article XV, Taxpayer Protections. Section 1 establishes the Emergency Savings Reserve Fund (Fund) and requires the General Assembly to reserve 2% of the amount appropriated from the General Fund (excluding General Fund receipts) to the Fund for capital and operating expenses for the prior fiscal year until the Fund contains 12.5% of the amount appropriated from the General Fund (excluding General Fund receipts) for capital and operating expenses for the prior fiscal year. Allows the General Assembly to decline to reserve funds to or provide for the expenditure of funds from the Fund; acts that do either of these things must be approved by two-thirds of all the members of each house. Prohibits money from being drawn from the Fund except under appropriations from the Fund passed by two-thirds vote of all the members of each house. Specifies that the Governor does not have the power to (1) expend money in the Fund without an appropriation by the General Assembly or (2) divert money appropriated from the Fund for other purposes. Applies to fiscal years beginning on or after July 1, 2017.
Section 2 limits the income tax rate to 5%. Applies to taxable years beginning on or after January 1, 2020.
Amends Section 2 of Article V to provide that tax on income is subject to the provisions of Section 2 of new Article XV. Applies to taxable years beginning on or after January 1, 2020.
Adds new subdivision to Section 22 of Article II, to require that every bill declining to reserve funds to the Emergency Savings Fund, providing for the expenditure of funds from the Emergency Savings Reserve Fund, or both, and containing no other matter must be read three times in each house before it becomes law, and must be signed by the presiding officers of both houses.
Sets out the requirements for presenting the amendments to voters. Requires that if a majority of votes cast on the question are in favor of the amendments in the act that the amendments be certified to the Secretary of State.
Part III
Subject to approval by voters at the statewide election on November 8, 2016, adds new Section 40 to Article I of the North Carolina Constitution to protect the right of people to hunt, fish, and harvest wildlife, subject to reasonable regulations as the General Assembly may prescribe to promote wildlife conservation and management, and to preserve the future of hunting and fishing. Makes public hunting and fishing the preferred means of managing and controlling wildlife. If approved, effective January 1, 2017.
Sets out the requirements for presenting the amendments to voters. Requires that if a majority of votes cast on the question are in favor of the amendments in the act that the amendments be certified to the Secretary of State.
The Daily Bulletin: 2016-06-24
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The Daily Bulletin: 2016-06-24
| Intro. by McGrady. | CONST |
Senate amendment makes the following changes to the 4th edition.
Deletes the previous provisions in Part XI of the act and instead provides the following.
Provides that Sections 3, 4, 8, 9, and 10 of the act become effective July 1, 2016. Provides that Sections 1, 2, 5, 6, and 7 of the act become effective December 1, 2016, and apply to offenses committed on or after that date.
Senate amendment makes the following changes to the 3rd edition.
Amends GS 157-4.1, concerning alternative organization of a housing authority, to establish that, in lieu of creating a housing authority, the council of any city may, if it deems wise, designate a redevelopment commission created under the provisions of GS Chapter 160A (previously, technical change from GS Chapter 160), or a regional council of government created pursuant to Part 2 of Article 20 of GS Chapter 160A (previously, did not allow designation of a regional council of government), to exercise the powers, duties, and responsibilities of a housing authority as prescribed, or may itself exercise those powers, duties, and responsibilities. Makes technical changes.
Deletes proposed revisions to GS 157-4.2, concerning the inclusion of an authority's accounting system as part of a city or county budgeting and accounting system, which authorized a regional council of government's budgeting and accounting system to be an integral part of the budgeting and accounting system of that city or county as specified. Makes conforming and technical changes.
Senate committee substitute makes the following changes to the 2nd edition.
Amends the act's short and long titles.
Deletes all of the provisions from the previous edition and replaces them with the following.
Enacts new GS 14-321.2, Prohibit unlawful transfer of custody of minor child, making it a criminal offense (1) for a parent to effect or attempt to effect an unlawful transfer of custody of that parent's minor child; (2) for any person to accept or attempt to accept custody pursuant to an unlawful custody transfer except when the person promptly notifies law enforcement or child protective services of the county where the child resides or is found and promptly provides the child to law enforcement or child protective services; or (3) for any person to advertise, recruit, or solicit, or to aid, abet, conspire or seek the assistance of another to effect the unlawful custody transfer of a minor. Sets out definitions for use in the section, including minor child, parent,relative, and unlawful transfer of custody. Includes in the definition for unlawful transfer of custody a lengthy list of situations that are not considered the unlawful transfer of custody. Provides that any violation of is a Class A1 misdemeanor but a violation that results in serious physical injury to the child is a Class G felony. Effective December 1, 2016, applying to offenses committed on or after that date.
Amends GS 48-10-101(b), adding clarifying language for the phrase "other public medium" concerning advertising for the placement or acceptance of a child for adoption.
Amends GS 7B-101, concerning the juvenile code, adding being unlawfully transferred to the definition for neglected juvenile. Effective December 1, 2016, applying to offenses committed on or after that date.
Amends GS 7B-302(a), concerning the screening of abuse and neglect complaints, adding allegations of unlawful transfer of custody to the reasons for which an immediate assessment of the situation can be ordered. Effective December 1, 2016, applying to offenses committed on or after that date.
Directs the Department of Health and Human Services (DHHS) to collect data on the incidence of disrupted adoptions and the unlawful transfer of custody of children in North Carolina as well as the outcomes for the children and families associated with disrupted adoptions. Also directs DHHS to develop a program to provide support to such families.
| Intro. by Stevens. |
Senate committee substitute to the 1st edition changes the bill's effective date to October 1, 2016.
| Intro. by C. Graham. | GS 20 |
Senate committee substitute makes the following changes to the 2nd edition.
Section 1
Amends the proposed revision to subsection (d) of GS 105-277.4, concerning deferred taxes of agricultural, horticultural, and forest land, to additionally delete language which provided that if the property is conveyed by gift to the State, a political subdivision of the State, or the United States, then no deferred taxes were due and the lien for deferred taxes was extinguished. Makes conforming and technical changes to subsection (d).
Amends proposed subsection (d1) to establish that, if a property loses its eligibility for present-use value classification due to conveyance to a nonprofit organization and qualifies for exclusion from the tax base, or due to conveyance to the State, a political subdivision, or the United States (previously, conveyance to the State, a political subdivision, or the United States was provided for in subsection (d)), then deferred taxes are due as specified in subdivisions (1) and (2) of proposed subsection (d1).
Effective for taxable years beginning on or after July 1, 2016 (previously, July 1, 2015).
Section 2
Amends GS 105-241.7, which sets out the procedure for obtaining a refund from the Department of Revenue (Department), by adding a new subsection to require the Department to deny a refund and send the taxpayer a notice of denial when the taxpayer filed an amended return or a claim for refund that the Department determines to be outside the statute of limitations.
Amends GS 105-241.15, which provides for a contested case hearing on the Department's final determination, to move the existing language of the statute to new subsection (a), Contest Final Determination. Adds new subsection (b), Contest Statute of Limitations, to provide for a contested case hearing on the Department's statute of limitations determination. Allows a taxpayer to contest a statute of limitations determination in a notice of denial issued by the Department pursuant to GS 105-241.7(c1), as enacted by the act, by filing a petition for a contested case hearing at the Office of Administrative Hearings in accordance with Article 3 of GS 150B (APA) on the sole issue of whether the statute of limitations bars the taxpayer's claim. Provides that the final decision by the administrative law judge regarding the statute of limitations is subject to judicial review under Article 4 of GS Chapter 150B (Judicial Review under the APA) and GS 105-241.16 (provisions for judicial review of decision after contested case hearing).
Requires the administrative law judge to remand the matter to the Department if judicial review is not sought and the final decision is that the taxpayer's claim was not barred by the statute of limitations. Requires the matter to be remanded to the Department if judicial review is sought and it is finally determined that the taxpayer's claim was not barred by the statute of limitations. Directs that any remand is to be regarded as a new amended return or claim for refund timely filed within the statute of limitations under GS 105-241.7(c).
Allows a taxpayer to contest a determination issued prior to the enactment of the statute that an amended return or claim for refund was filed outside of the statute of limitations if: (1) the Department determined that the amended return or claim for refund was filed outside the statute of limitations, defined to mean a notice of denial issued by the Department and (2) the taxpayer contests the statute of limitations determination in accordance with GS 105-241.15(b), as enacted by the act, within 60 days of the enactment of the act.
| Intro. by McGrady, Setzer, Jordan, Harrison. | GS 105 |
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title to AN ACT TO MODIFY THE REQUIREMENTS FOR MOTOR VEHICLE DEALER RECORDS RETENTION, AVAILABILITY FOR INSPECTION BY THE DIVISION OF MOTOR VEHICLES, AND FORMAT.
Changes the short title.
Deletes all provisions of the previous edition and replaces them with the following.
Amends GS 20-297, concerning retention and inspection of certain records by motor vehicle dealers, to provide that a dealer may satisfy the recordkeeping requirements, as specified, by either (1) keeping and maintaining written or paper records (previously, did not specify records be written on paper) at the dealership facility where the vehicles were sold or at another site (previously, at another established office located) within the State provided that the location and name of a designated contact agent are provided to the Division of Motor Vehicles (Division) or (2) maintaining electronic copies of the required records, provided that the Division has access to these electronic records from a location within the State (previously, did not allow for maintaining electronic copies of records to satisfy the recordkeeping requirements). Provides that, for purposes of the statute, the location where dealership written or electronic records are kept and maintained may be owned and operated by a party other than a dealer. Makes technical changes.
Adds new subsection (c) to provide for records format under the statute and allow for records kept and maintained in electronic form without retention of the original or any copies in paper or nonelectronic form.
Directs the Division to adopt rules consistent with the act. Provides that rules adopted pursuant to the statute, as amended, are not subject to GS 150B-19.1(e) (APA requirement for agency to quantify costs and benefits of proposed rule), GS 150B-19.1(f) (APA requirement for agency to determine substantial economic impact of proposed rule), and GS 150B-21.4 (APA requirement of fiscal and regulatory impact analysis on proposed rules).
| Intro. by Hurley, Boles. | GS 20 |
Senate amendment makes the following changes to the 3rd edition.
Deletes proposed subsection (e) to GS 14A-1471, which authorized the Innocence Inquiry Commission chair, in the chair's judicial capacity, to direct the Commission staff to search any state or local governmental agency where files or evidence relating to a claim of factual innocence are reasonably likely to be stored.
Makes technical changes.
| Intro. by Glazier, Daughtry, Stam. | GS 15A |
Senate committee makes the following changes to the 2nd edition.
Changes the title of proposed GS Chapter 143E to The North Carolina Measurability Assessment Act of 2016 (previously, 2015). Makes conforming changes to proposed GS 143E-1.
Amends subsection (c) of proposed GS 143E-3 to require the assessor to submit a report containing the results of the measurability assessment, as specified in subsection (b), to the Program Evaluation Division (Division) at a time and format required by the Division (previously, required the report to be submitted to the Office of State and Budget Management and the Division at a time and in a format required by OSBM). Makes conforming changes to GS 143E-4, which sets out the administration of the measurability assessment process, now governed by the Division (previously, OSBM managed the process and chose independent measurability assessors).
Deletes the appropriation provision.
Changes the effective date to October 1, 2016 (previously October 1, 2015).
| Intro. by Blackwell, Avila. | GS 143E |
Senate committee substitute makes the following changes to the 2nd edition.
Makes technical corrections.
Amends the effective date of Section 1 of the act to become effective January 1, 2017 (was, January 1, 2016).
| Intro. by G. Martin, Avila. | UNCODIFIED |
Senate committee substitute makes the following changes to the 2nd edition.
Amends the proposed definition of achievement school to mean a qualifying school selected by the State Board of Education (previously, an elementary school) under the supervision of the Achievement School District (ASD).
Amends proposed GS 115C-75.6, which establishes the ASD, to make a clarifying change to the provisions that set out the process for selecting the superintendent (previously, a superintendent) to serve as an executive officer of ASD. Amends the directive to the State Board of Education (SBE) by removing the language allowing a designee of the SBE to appoint a superintendent to serve as executive officer of the ASD, upon the recommendation of the ASD Superintendent Selection Advisory Committee.
Amends proposed GS 115C-75.7, concerning the selection of achievement schools (AS), to provide that, after selection by the SBE, the local board of education can determine to either (1) close the selected qualifying school or (2) transfer the school into the ASD (previously included an option to request adoption of the principal turnaround reform model for the school). Makes conforming changes. Authorizes the SBE to delay the transfer of a selected school to the ASD for one year only (previously, one year) upon the recommendation of the ASD Superintendent.
Amends GS 115C-75.8, concerning the selection of AS operators, to provide that the selected AS operators are encouraged to (previously, required to) hold public informational sessions and other outreach, as specified.
Adds new subsection (d) to proposed GS 115C-75.8 to set out that the contract between the SBE and AS operator must require, at a minimum, that the AS operator meet the same requirements as established for charter schools in the nine statutes specified.
Amends proposed GS 115C-75.9, concerning the management of achievement schools, to authorize the local board of education (previously, required the consent of the AS operator) to allow use of the facility by governmental, charitable, civil, or other organizations for activities within the community and retain any funds received for such use for any time the AS operator has not provided written notice to the local board of its use of the facility during that time for a purpose related to the operation of the AS (previously, did not provide for notice of use of the facility). Adds new subsection to direct the SBE to require applicants for employment with the ASD to be checked for criminal histories, and directs the SBE to provide the criminal history it receives to the ASD Superintendent and AS operator.
Adds to the clear goals the AS operator is directed to set in proposed GS 115C-75.11, concerning accountability and governance in achievement schools.
Amends proposed GS 115C-75.13, concerning innovation zones, by adding a new subsection to allow a local board of education to maintain an innovation zone created as provided in subsection (a) for up to five consecutive years. Authorizes the SBE to terminate the innovation zone, as specified, in the following ways: (1) early termination of innovation zone based on performance, (2) nonrenewal of innovation zone based on performance, (3) SBE optional extension of innovation zone for three years, (4) local board of education option to extend innovation zone for three years.
Deletes the proposed revisions to GS 115C-37B, which established the principal turnaround model for continually low-performing schools or any qualifying school that was not made into an achievement school. Makes conforming changes to the directive to the SBE to contract with an independent organization to evaluate the ASD and other innovation models, as well as appropriations for the principal turnaround reform model grants. Deletes all provisions of Sections 8, 9, and 10 of the previous edition, which directed the SBE to authorize a specific innovation zone and solicit and award pilot innovation zones. Makes conforming changes to the directive to the SBE to contract with an independent organization to evaluate the ASD and other innovation models, as well as appropriations for the principal turnaround reform model grants.
The Daily Bulletin: 2016-06-24
Senate committee substitute makes the following changes to the 1st edition.
Amends the long and short titles.
Amends GS 115C-530(a), concerning operating leases of school buildings and school facilities, to add to the conditions required to be met to enter into operating leases, specifying that any construction, repair, or renovation of the property must be in compliance with the requirements of GS 115C-521(c1) relating to science laboratory areas, in addition to GS 115C-521(c) relating to energy guidelines. Makes conforming change to subsection (b). Deletes the proposed provision that exempted any lease entered into pursuant to the statute from being subject to the requirements of GS 143-128.1B (design-build bridging).
Deletes proposed subsection (b1), which added a requirement for the local board of education, before it enters into an operating lease, to adopt a resolution upon 10 days' notice of its intent to enter into the lease.
Deletes the proposed revision to SL 2006-232, Section 3, which removed the July 1, 2015, expiration of GS 115C-531 and GS 115C-532, which authorize capital leases of school buildings and facilities.
Deletes proposed revisions to GS 105-134.14, which extended the authorization of annual refunds of sales and use taxes indirectly incurred by a government entity on public construction projects to a private developer of a school leased to a county or a local board of education under an operating, capital, or build-to-suit lease with a term of 10 or more years.
Enacts GS 115C-531.1, Capital leases of school buildings and school facilities, to authorize local boards of education to enter into capital leases of real or personal property for use as school buildings or school facilities. Specifies that the capital lease may relate to an existing building or a new school building to be constructed. Defines capital lease and private developer as they apply to the statute. Prohibits the term of any capital lease, including any renewal periods, from exceeding 40 years from the expected date that the local board of education will take occupancy of the property that is the subject of the capital lease. Exempts a capital lease entered into under the statute from the provisions of subsections (c) and (d) of GS 115C-521 (which require the erection or repair of school buildings be under the direction and control of the local board of education, and require the property be owned by the board in fee simple).
Establishes that the provisions of GS 115C-530(b) apply to a capital lease under the statute. Allows a capital lease to require that the private developer is responsible for providing, or contracting for, construction, repair, or renovation work. Provides that construction, repair, or renovation work undertaken or contracted by a private developer is not subject to the requirements of Article 8 of GS Chapter 143. Provides that, if construction, repair, or renovation work undertaken or contracted by the private developer involves the estimated expenditure of $300,000 or more, then the work undertaken or contracted by the private developer is subject to the provisions of GS 115C-532.1 related to build-to-suit capital leases.
Prohibits a capital lease from containing a nonsubstitution clause that restricts the right of a local board to continue to provide a service or activity or to replace or provide a substitute for any property financed or purchased by the capital lease. Bars any deficiency judgment from being rendered against any local board of education or unit of local government in any action for breach of a contractual obligation authorized by the statute. Prohibits the taxing power of a unit from being pledged directly or indirectly to secure any moneys due under the contract authorized by the statute. Requires the capital lease to state that it does not constitute a pledge of the taxing power or full faith and credit of the local board of education or board of county commissioners.
Sets out provisions relating to the budgetary accounting of a capital lease entered into under the statute, and provides that the appropriation of funds by the county for payment of amounts due under the capital lease is subject to the discretion of the board of county commissioners.
Establishes that capital leases entered into under the statute are subject to the approval by the Local Government Commission under Article 8 of GS Chapter 159 if they meet the standards set out in GS 159-148(a)(1), GS 159-148(a)(2), and GS 159-148(a)(3) (financing agreements by a unit of local government). Provides that only the $500,000 threshold in GS 159-148(a)(3) applies for purposes of determining whether the standards set out have been met.
Prohibits a capital lease from containing any provision with respect to the assignment of specific students or students from a specific area to any specific school. Establishes that lien laws relating to private property are not affected by the statute. Establishes that the public-private partnership construction contract provisions under GS 143-128.1C do not apply to the statute.
Enacts GS 115C-532.1, Additional provisions applicable to build-to-suit capital leases, to establish provisions that apply to build-to-suit capital leases in addition to the provisions of GS 115C-531.1, as enacted by the act. Defines build-to-suit capital lease as a capital lease that provides for the construction of new facilities or the renovation of existing facilities by the private developer, the cost of which is estimated to be greater than $300,000.
Allows a build-to-suit capital lease to include contractual provisions by the private developer regarding the provision of products, services, and guaranties related to the facility that is the subject of a capital lease. Allows the local board of education to enter into a separate agreement or series of related agreements regarding the provision of products, services, and guaranties related to a facility that is the subject of the capital lease, as long as all agreements are approved by the board of county commissioners in connection with the approval of the build-to-suit capital lease.
Requires approval by the local board of education, with provisions similar to the provisions of proposed subsection (b1) of GS 115C-530 deleted by the act. Requires the local board of education, before it enters into a build-to-suit capital lease, to adopt a resolution upon 10 days' notice of its intent to enter into the lease. Specifies that the resolution must state that the build-to-suit capital lease is in the local school administrative unit’s best interests under all the circumstances, and that the private developer is qualified to provide the products and services called for under the lease and any related agreements.
Requires the local board to submit the resolution to the board of county commissioners, along with any supporting documentation. Requires the board of county commissioners to affirm or reject the resolution no later than 45 days after receiving the resolution and supporting documentation from the local board of education. Prohibits the local board of education from entering into the lease if the board of county commissioners rejects the resolution.
Sets out statutory requirements that must be complied with regarding design services, including all architectural, engineering, and survey services. Provides that all applicable requirements for the review or approval of design and specifications for school buildings by the Department of Public Instruction and the Department of Insurance apply to school buildings constructed, repaired, or renovated under a capital lease authorized under the statute.
Requires a private developer to seek competition and minority business participation as specified in proposed subsection (g).
Authorizes local boards of education to enter into predevelopment agreements with a private developer in advance of entering into a build-to-suit capital lease, and may include provisions for (1) site selection, land acquisition, and site preparation and (2) building programming and design. Requires predevelopment agreements to be approved by the board of county commissioners.
Authorizes a city, county, or local board of education to sell, lease, or otherwise transfer real or person property, pursuant to the procedures set out in GS 160A-267, to any private developer for construction, repair, or renovation of a school facility under a build-to-suit capital lease. Authorizes the conveying unit to subject the property to any covenants, conditions, or restrictions as the unit deems necessary to carry out the purposes of the statute. Establishes that the disposition of property pursuant to proposed subsection (i) is not subject to the requirements of GS 115C-518 (disposition of school property).
Sets out nine additional permitted lease terms that may be included in any build-to-suit capital lease to impose responsibility on the private developer or any identified affiliated entity.
Requires a private developer to provide an irrevocable letter of credit in an amount not less than 5% of the total cost of the improvements which are the subject of the build-to-suit capital lease. Requires the private developer to maintain the letter of credit throughout the construction of the project and for the succeeding six-month period.
Establishes that the public-private partnership construction contract provisions under GS 143-128.1C do not apply to the statute.
Amends GS 143-129(e), which sets out exemptions to Article 8 of GS Chapter 143 (Public Contracts), to exempt build-to-suit capital leases with a private developer under GS 115C-532.1 from the Article.
Amends the proposed new subdivision (5a) to GS 115C-426(f) to specify that the capital outlay fund includes appropriations for lease payments for operating leases, capital leases, and build-to-suit capital leases entered into under GS 115C-530, GS 115C-531.1, and GS 115C-532.1. Deletes the proposed addition to subsection (f), which provides that the appropriations may be funded from staff and operational savings achieved through the consolidation of existing school facilities into new or renovated facilities leased from a private developer under these statutes. Makes technical changes to subsection (f).
Establishes that, if H 242 (Various Charter School Law Changes) of the 2015 Regular Session becomes law, then Section 6.5 of H 242 will be amended as follows. Will be amended to require the State Board of Education to ensure that the rules for a fast-track replication process, required by Section 6.5, provide that decisions by the Board on whether to grant a charter through the replication process are completed in less than 120 days from the application submission date but in no event later than October 15 of the year immediately preceding the year of the proposed school opening (currently, H 242 requires completion no later than October 15 of the year immediately preceding the year of the proposed school opening). Will be amended to delete the remaining revisions to Section 6.5 and reinstate the original language.
Changes the effective date to July 1, 2016 (previously July 1, 2015), and provides that the act is applicable to contracts entered into on or after that date.
Senate committee substitute makes the following changes to the 2nd edition.
Amends proposed GS 115C-531.1, concerning capital leases of school buildings and school facilities, to define capital lease to mean a capital lease as it is defined by generally accepted accounting principles (previously, a capital lease as it is defined by generally accepted accounting principles, regardless of how the parties describe the agreement).
Amends GS 105-164.14(c), which authorizes annual refunds of sales and use taxes indirectly incurred by a government entity on public construction projects, to extend the refund to a county with respect to facilities for public schools under a lease term with a term that equals or exceeds 10 years and that is either an operating, capital, or build-to-suit lease.
Senate committee substitute makes the following changes to the 1st edition. Amends GS 58-86-2, adding and defining the term killed in the line of duty to the definitions section for use in the NC Firefighters' and Rescue Squad Workers' Pension Fund (Fund). Enacts GS 58-86-55(d1) to establish provisions and protocols for the paying of benefits for when a member is killed in the line of duty, depending on if the member had already begun receiving a monthly pension fund benefit and the availability and number of the beneficiaries. Specifies payment amounts and duration for those payments according to the deceased's age and other statistics. Adds language specifying that a beneficiary of someone who has been killed in the line of duty does not have to make monthly payments of $10 as otherwise required by law.
Amends GS 58-86-60, concerning payments in lump sums from the Fund for those that have died, adding language that clarifies that for those that have died, but were not killed in the line of duty, whether or not they had begun to receive a monthly pension, payment must go first to the persons designated by the member; if no beneficiary has been chosen, then to the surviving spouse; if not to the spouse then to the deceased member's legal representative. Deletes language which previously directed payment to be made to the surviving spouse, then to surviving children, then to any heirs as can be determined. Effective July 1, 2018, applying to benefits paid when a member is killed in the line of duty on or after that date.
Provides a statement that the General Assembly finds that the interests of clarity require statutory language to provide guidance to the Retirement Systems Divisions in determining and maintaining consistency as to what information is to be made available about the retirement accounts of State and local employees after the February 5, 2008, Attorney General’s advisory opinion entitled “Advisory Opinion: Confidentiality of Retirement Benefit Information; Session Law 2007-508.”
Enacts GS 135-6.1, concerning member retirement record files held by the Retirement System for Teachers and State Employees, to establish that member retirement files are not subject to inspection and examination as authorized by GS 132-6 (emergency response plans excluded from definition of public records) except as provided in GS 135-6(p); GS 128-28(q); and subsections (c), (d), and (e) of the statute.
Provides that the following information regarding members and individuals in receipt of a recurring monthly benefit, if held by the Retirement System, is public and subject to subsection (d) of the section: (1) name; (2) age; (3) date of membership in the applicable retirement system, first service earned date, date of first enrollment, date of first employment, and date of retirement; (4) the terms of any contract by which the member is employed whether written or oral, past and current, to the extent that the Retirement System has the written contract or a record of the oral contract in its possession; (5) current or most recently held position or title; (6) compensation and other relevant remuneration history and benefits paid; (7) date, general description, and type of each change and the corresponding employing agency; (8) the office or station to which the member is currently assigned, if any; (9) the record of benefit payments made by one of the Retirement Systems or Disability Benefits Programs administered by the Department of State Treasurer to a member or to the survivor, beneficiary, or alternate payee of a member; and (10) purchases of educational leave.
Requires every person having custody of the retirement file information outlined in subsection (b) of the statute to permit the information to be inspected and examined and copies thereof made by any person during regular business hours, subject only to rules and policies for the safekeeping of member retirement files adopted by the Board of Trustees. Provides that any person who is denied access to any retirement file for the purpose of inspecting, examining, or copying the file has a right to compel compliance with the provisions of this statute by application to a court of competent jurisdiction for a writ of mandamus or other appropriate relief.
Allows the Retirement Systems Division of the Department of State Treasurer to disclose the name and mailing address of former State employees, former public school employees, or former community college employees to domiciled, nonprofit organizations representing 10,000 or more retired State government, local government, or public school employees.
Establishes that all information other than the information listed in subsection (c) of the statute contained in a retirement file is confidential and not open for inspection and examination except to three specified persons as follows. (1) The member, or the member’s authorized agent, may examine his or her own retirement file, except for any information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient, providing that a member’s medical record may be disclosed to a licensed physician in writing by the member. (2) A member of the General Assembly who may inspect and examine records under the authority of GS 120-19. (3) A party by authority of a proper court order may inspect and examine a particular confidential portion of a member’s retirement file.
Establishes that any public official or employee who knowingly and willfully permits any person to have access to or custody or possession of any portion of a retirement file designated as confidential by the statute, unless the person is one specifically authorized by this statute to have access thereto for inspection and examination, is guilty of a Class 3 misdemeanor and upon conviction must only be fined in the discretion of the court, not to exceed $500.
Establishes that any person not specifically authorized by the statute to have access to a retirement file designated as confidential by the statute who knowingly and willfully examines, removes, or copies any portion of a confidential retirement file is guilty of a Class 3 misdemeanor and upon conviction is to be fined in the discretion of the court but not to exceed $500.
Enacts GS 128-33.1, concerning public records held by the Retirement System for Counties, Cities and Towns, to establish that member retirement files are not subject to inspection and examination as authorized by GS 132-6 (emergency response plans excluded from definition of public records) except as provided in GS 135-6(p); GS 128-28(q); and subsections (c), (d), and (e) of the statute. Enacts identical subsections (a) through (h) as enacted in GS 135-6.1.
Amends GS 126-22, concerning personnel files not subject to inspection under GS 132-6, by amending the definition of personnel file to remove any employment-related or personal information gathered by the Retirement Systems Division of the Department of State Treasurer from the definition. Amends subsection (c) to remove personnel files maintained by the Retirement Systems Division of the Department of State Treasurer from the exception to the law that personnel files of former State employees who have been separated for 10 or more years may be open to inspection and examination. Instead, provides that retirement files maintained by the Retirement Systems Division of the Department of State Treasurer are to be made public pursuant to GS 128-33.1 and GS 135-6.1, as enacted by this act. Eliminates subsection (d), providing that, notwithstanding any provision of the statute to the contrary, the Retirement Systems Division of the Department of State Treasurer may disclose the name and mailing address of former State employees to domiciled, nonprofit organizations representing 10,000 or more retired State government, local government, or public school employees.
Repeals GS 115C-321(b1), which provided that, notwithstanding any provision of the statute to the contrary, the Retirement Systems Division of the Department of State Treasurer may disclose the name and mailing address of former public school employees to domiciled, nonprofit organizations representing 10,000 or more retired State government, local government, or public school employees.
Repeals GS 115D-29(c), which provided that, notwithstanding any provision of the statute to the contrary, the Retirement Systems Division of the Department of State Treasurer may disclose the name and mailing address of former community college employees to domiciled, nonprofit organizations representing 2,000 or more active or retired State government, local government, or public school employees.
Repeals GS 153A-98(c3), which provided that, notwithstanding any provision of the statute to the contrary, the Retirement Systems Division of the Department of State Treasurer may disclose the name and mailing address of former local governmental employees to domiciled, nonprofit organizations representing 2,000 or more active or retired State government, local government, or public school employees.
Repeals GS 160A-168(c3), which provided that, notwithstanding any provision of the statute to the contrary, the Retirement Systems Division of the Department of State Treasurer may disclose the name and mailing address of former local governmental employees to domiciled, nonprofit organizations representing 2,000 or more active or retired State government, local government, or public school employees.
Amends GS 135-10.1 of the Retirement System for Teachers and State Employees to provide that, if a member fails to respond within 120 days after preliminary option figures and the Form 6-E or Form 7-E are transmitted to a member (was, mailed), or if a member fails to respond within 120 days after the effective date of retirement, whichever is later, the Form 6 and the Form 7 are null and void, the retirement system is not liable for any benefits due on account of the voided application, and a new application must be filed establishing a subsequent effective date of retirement.
Amends GS 128-32.1, concerning failure to respond under the Retirement System for Counties, Cities and Towns, by making the same change as that made to GS 135-10.1, as amended by this act.
Amends GS 147-79(a) to authorize letters of credit issued by a Federal Home Loan Bank to be used as an acceptable means for securing state funds deposited by the Treasurer in an official depository.
Directs the Board of Trustees of the Local Governmental Employees' Retirement System to develop a State Contribution Rate Stabilization Policy for the NC Firefighters' and Rescue Squad Workers' Pension Fund and to report to the Office of State Budget and Management and the Fiscal Research Division on or before March 1, 2017.
Provides for severability if any provision of the act is held invalid.
Includes whereas clauses.
Appoints Owen D. Andrews of Craven County to the Outdoor Advisory Council, effective October 1, 2016, for a term expiring on September 30, 2020.
| Intro. by Apodaca. |
The Daily Bulletin: 2016-06-24
Senate committee substitute makes the following changes to the 4th edition.
Amends proposed Chapter VIA of the Fayetteville City Charter, concerning the Public Works Commission, to clarify that for purposes of GS Chapter 62 (Public Utilities), the Commission is to be considered a municipality.
Establishes that nothing in Chapter VIA is to be construed as conferring upon the Commission any power or authority to convey title or ownership (previously, title only) to sell, lease, or otherwise transfer or dispose of any property owned or held in the name of the City of Fayetteville, but under the management and control of the Commission, unless the transaction is approved by resolution of the City Council and is in compliance with the Financing Documents (previously, is in compliance with any Financing Documents).
Makes technical changes.
| Intro. by Szoka, Floyd, Glazier, Lucas. | Cumberland |
The Daily Bulletin: 2016-06-24
Senate committee substitute makes the following changes to the 1st edition.
Adds clarifying language to proposed subsection (c) of the Charter of the City of Asheville, Section 6, Chapter 121, Private Laws of 1931 (as amended by city ordinances), specifying that the voting tabulation districts, tracts, block groups, and blocks in this section are the same as shown on the 2010 Census Redistricting TIGER/Line Shapefiles.
Makes numerous technical corrections to the bill, including underlining all the voting tabulation districts and blocks as to indicate that they are new and being added to the existing law.
Adds provisions establishing that nothing in the act affects the authority of the City of Asheville to annex pursuant to GS Chapter 160A, Article 4A.
Also provides that the Legislative Services Officer must certify a true copy of the block assignment file associated with any mapping software used to generate the language in Section 1 of the act. Further directs the Legislative Services Officer is to deliver the certified true copy of the block assignment file to the Clerk of the City of Asheville.
| Intro. by Apodaca. | Buncombe |
Actions on Bills: 2016-06-24
H 3: OMNIBUS CONSTITUTIONAL AMENDMENTS. (NEW)
H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)
H 100: LOCAL GOVERNMENT IMMIGRATION COMPLIANCE (NEW).
H 253: JUSTICE REINVESTMENT ACT CHANGES.-AB
H 289: NC MONEY TRANSMITTERS ACT.-AB
H 303: DISPUTE RESOLUTION AMENDMENTS.
H 407: HOUSING AUTHORITY TRANSFERS (NEW).
H 424: PROHIBIT UNLAWFUL CUSTODY TRANSFER OF CHILD (NEW).
H 483: LAND USE REGULATORY CHANGES.
H 523: DRIVERS LICENSE DESIGNATION/AMERICAN INDIAN.
H 533: MODIFY PUV EXCEPTIONS TO DISQUALIFICATION.
H 561: SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.
H 594: MV DEALER DOC. RETENTION/INSPECTION/FORMAT. (NEW)
H 657: MATH STANDARD COURSE OF STUDY REVISIONS (New)
H 667: FACILITY PENALTY & REMEDY/ELECTRON. SUPERVISE(NEW).
H 678: AMEND INNOCENCE COMMISSION STATUTES.
H 747: YOUTH ACCESS TO KRATOM/STUDY ABUSE OTC SUBS (NEW).
H 805: MEASURABILITY ASSESSMENTS.
H 817: ENACT UNIFORM LAW ON ADULT GUARDIANSHIP.
H 842: MEDICAID WAIVER PROTECTIONS/MILITARY FAMILIES.
H 959: DOT PROPOSED LEGISLATIVE CHANGES.
H 992: AMEND INDUSTRIAL HEMP PROGRAM.
H 1033: ID CARD FEE WAIVER/DISABILITY.
H 1035: LGC/TRAINING FOR LOCAL GOV'T FINANCE OFFICERS.
H 1044: LAW ENFORCEMENT OMNIBUS BILL.
H 1061: PRESERVE TENANCY BY THE ENTIRETY.
H 1080: ACHIEVEMENT SCHOOL DISTRICT.
S 19: UNIFORM RECORDING FEES - REGISTER OF DEEDS (NEW).
S 160: OFFICIAL STATE VETERANS DAY PARADE. (NEW)
S 363: Wage & Hour/Local Gov't Assessments (NEW).
S 371: LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMENDS. (NEW)
S 482: LLC CLARIFICATIONS & EMP INVENTION OWNERSHIP. (NEW)
S 554: SCHOOL BUILDING LEASES. (NEW)
S 600: APPRAISER COMPENSATION/JUDGE PERFORM MARRIAGE (NEW).
S 792: STATE IT CONTRACTS/CONTRACTOR LIABILITY.
S 805: FIDUCIARY ACCESS TO DIGITAL ASSETS.
S 807: CONFORM FULL-PAYMENT CHECK LAW TO UCC.
S 815: CHARTER SCHOOL IN STATE HEALTH PLAN.
S 817: CONST. AMD. - MAX. INCOME TAX RATE OF 5.5%.
S 865: STATE HEALTH PLAN/ADMIN CHANGES/LOCAL GOVTS.
S 886: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2016.-AB
S 898: 2016 APPOINTMENTS BILL (NEW).
Actions on Bills: 2016-06-24
H 392: FAYETTEVILLE CHARTER/PWC CHANGES.
H 1017: NORWOOD DEANNEXATIONS/ANNEXATION.
H 1022: MAXTON DEANNEX/SILER CITY SATELLITE ANNEX. (NEW)
H 1039: SAMPSON/HARNETT/YADKIN OT CHANGES (NEW).
H 1058: TOBACCOVILLE RECALL ELECTIONS.
H 1132: GLEN ALPINE DEANNEXATION.
H 1133: PARTISAN ELECTION/TRANSYLVANIA BD. OF ED.
H 1143: SPENCER MOUNTAIN CHARTER.
S 795: CLAY COUNTY COURTHOUSE.
S 831: DUPLIN/SAMPSON/DETENTION CONTRACTS ANIMALS (NEW).
S 849: WAKE CTY TOWNS DONATE RETIRED SERVICE ANIMALS.
S 883: NORTHAMPTON COUNTY/WRC SHOOTING RANGES (NEW).
S 897: ASHEVILLE CITY COUNCIL DISTRICTS.
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