AN ACT TO AMEND ARTICLE 84 OF CHAPTER 58 OF THE GENERAL STATUTES TO MAKE A TECHNICAL CORRECTION TO THE DEFINITION OF FIREFIGHTER TO INCLUDE FIREFIGHTERS EMPLOYED BY COUNTY FIRE MARSHAL OFFICES, TO CLARIFY THE AUTHORITY OF LOCAL BOARDS OF TRUSTEES TO PAY EXPENSES OF LOCAL FIREFIGHTERS' RELIEF FUNDS, TO UPDATE THE APPOINTMENT PROCEDURES FOR LOCAL FIREFIGHTERS' RELIEF FUND BOARDS OF TRUSTEES, TO CHANGE THE NAME OF THE NORTH CAROLINA STATE FIREMEN'S ASSOCIATION TO THE NORTH CAROLINA STATE FIREFIGHTERS' ASSOCIATION, AND TO CLARIFY THAT FIRE ALARMS THAT ARE UNINTENTIONAL AND RESULT IN NO DAMAGE ARE NOT CONSIDERED WHEN CALCULATING MINIMUM RESPONSE REQUIREMENTS FOR INITIAL RATING OR CLASSIFICATION UNDER G.S. 58-36-10(3). Enacted June 30, 2016. Effective July 1, 2016.
The Daily Bulletin: 2016-06-30
|Intro. by C. Graham.||GS 58|
AN ACT TO FURTHER DEFINE THE TERM "PRACTICE LAW" FOR THE PURPOSE OF PROTECTING MEMBERS OF THE PUBLIC FROM HARM RESULTING FROM THE UNAUTHORIZED PRACTICE OF LAW BY A PERSON WHO IS NOT A TRAINED AND LICENSED ATTORNEY. Enacted June 30, 2016. Effective June 30, 2016.
|Intro. by Daughtry, Bryan, Davis.||GS 84|
AN ACT TO ADJUST THE COMPOSITION OF THE BOARD OF TRUSTEES OF REGIONAL TRANSPORTATION AUTHORITIES, TO PROVIDE THAT ALL MEMBERS OF THE BOARD OF TRUSTEES SHALL BE VOTING MEMBERS, TO AUTHORIZE REGIONAL TRANSPORTATION AUTHORITIES TO HIRE A CHIEF ADMINISTRATIVE OFFICER, AND TO CLARIFY THE VOTING PROCESS BY MEMBERS OF THE BOARD OF TRUSTEES OF REGIONAL TRANSPORTATION AUTHORITIES. Enacted June 30, 2016. Effective August 1, 2016.
|Intro. by Faircloth.||GS 160A|
Senate amendment makes the following changes to the 4th edition.
Amends GS 143C-4-2 to require the General Assembly and State to accumulate (was, accumulate and maintain) a balance in the Emergency Savings Reserve Fund of at least 12.5% of the amount reserved from the General Fund for capital and operating expenses for the prior fiscal year.
Conference report #2 makes the following changes to the 2nd edition.
Changes the long title.
Makes a technical change to proposed subdivision (5) of GS 115C-321(a).
Amends GS 115C-45(a), concerning the judicial functions of a local board of education, to establish that the local boards of education may request the chief district court judge or judge's designee to grant approval for the local board of education to issue a subpoena for the production of tangible things (previously, subpoenas for the production of tangible things may be issued by the local board without judicial approval) in matters where an employee is suspected of committing job-related misconduct and which, in the discretion of the board (previously, the board or superintendent), require investigation. Establishes that subpoenas for the production of tangible things may include, but are not limited to, documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic communications, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics. Sets out four factors the judge must consider in making the determination to approve the subpoena: (1) whether the subpoena allows reasonable time for compliance, (2) if the subpoena requires disclosure of privileged or other protected matter and if any exception or waiver applies to the privilege or protection, (3) whether the individual would be subject to undue burdens or expenses, and (4) whether the subpoena is otherwise unreasonable or oppressive.
Changes the effective date of Sections 1 and 2 to October 1, 2016 (previously, October 1, 2015).
Directs the Program Evaluation Division (PED) to conduct a comprehensive study of the procedure set out in Article 31 of GS Chapter 115C for resolving education funding disputes between local boards of education and boards of county commissioners. Specifies information required to be included in the study.
Requires the PED to report its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee no later than May 17, 2017. Mandates all State departments and agencies, local governments, local boards of education, and their subdivisions to provide any necessary information, data, or documents within their possession, ascertainable from their records, or otherwise available to them to the PED to complete the review and study.
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 THE PILOT PROGRAM TO STUDY THE USE OF ELECTRONIC SUPERVISION DEVICES IN CERTAIN FACILITIES. Enacted June 30, 2016. Effective June 30, 2016.
Senate committee substitute makes the following changes to the 2nd edition.
Changes the long and short titles.
Deletes proposed subdivision (7) to GS 90-154(a), which authorized the board to impose and collect civil money penalties for violations of the chiropractic licensing laws. Changes the effective date of changes to GS 90-154(a) to October 1, 2016 (previously, effective December 1, 2015, and applies to offenses committed on or after that date).
Amends GS 90-155 by increasing the maximum amount that may be charged for the renewal of a chiropractic license from $180 to $300.
Amends GS 90-2(b) concerning the NC Medical Board (Board), providing that no member can serve more than two complete three-year terms in a lifetime (previously did not limit it to a lifetime). Amends GS 90-3(b) adding language that provides that you cannot have served more than 72 months as a member of the Board as criteria for serving on the Board. Amends GS 90-3(c), making technical changes.
Adds new subsections to GS 90-3, concerning the Review Panel recommending certain Board members, providing that the Board can provide the Review Panel with confidential and nonpublic licensing and investigative information it possesses. Provides that the information the Review Panel receives or gathers is not a public record but rather is privileged, confidential, and not subject to discovery or other legal means of compulsory release. Requires the Review Panel to publish specified information concerning the nominees to the Board. Establishes that the Review Panel is a public body within the meaning of GS Chapter 143, Article 33C, authorized to conduct business in a closed session, and specifies instances when the Panel must do so.
Amends GS 90-5.2, concerning the collecting and publishing of data collected by the Board, making technical and clarifying changes.
Amends GS 90-8.1, concerning the rules for licensure, providing that the Board cannot deny an application for licensure based solely on the applicant's failure to become board-certified. Makes technical changes.
Amends GS 90-13.1(a), changing the application fee to be licensed to practice medicine and surgery in North Carolina to $400 (was, $350).
Amends GS 90-13.3, concerning specified registration fees, requiring all individuals licensed to practice medicine in North Carolina to register with the Board and pay a $250 registration fee (was, $175). Provides that those that have a retired limited volunteer license, pursuant to GS 90-12.1B, are not required to pay an annual registration fee (previously, were required to pay a $25 fee). Deletes language which provided that inactive physicians in North Carolina could direct the Board to place their licenses on inactive status. Adds new subsection to prohibit the Board from denying a licensee's annual registration based solely on the licensee's failure to become board certified. Makes technical and conforming changes.
Amends GS 90-14(n) concerning disciplinary proceedings, making technical and clarifying changes, deleting language which only allowed service of process to both the licensee and counsel if the licensee retained counsel before the Board made a nonpublic determination to initiate disciplinary proceedings.
Enacts new GS 90-14.2(c) concerning discovery in disciplinary hearings, providing that the parties can engage in discovery once charges have been issued. Further provides that the Board must provide the respondent or counsel all the evidence in its possession except for information subject to attorney-client privilege; information that would identify an anonymous complainant; and information related to advisory opinions, recommendations, or deliberations by the Board or associated staff that would not be offered into evidence by the Board.
Amends GS 90-14.13(a1)(1) deleting language which provided an exception to the prohibition on hospitals reporting the suspension or limitation of a physician's privileges for failure to timely complete medical records.
Amends GS 90-21.22, renaming the statute as Health program for medical professionals (was, Peer review agreements). Amends subsection (a) of GS 90-21.22 to provide that the North Carolina Medical Board (Board) may enter into agreements with the North Carolina Medical Society (Society), the North Carolina Academy of Physician Assistants (Academy), and the North Carolina Physicians Health Program (Program) to identify, review, and evaluate the ability of persons licensed by the Board and referred to the Program to function in their professional capacity and to coordinate regimens for treatment and rehabilitation. Deletes provisions specifying peer review activities to be covered by this type of agreement. Requires the agreement to include guidelines for (1) the assessment, referral, monitoring, support, and education of licensees of the Board by reason of a physical or mental illness, a substance use disorder, or professional sexual misconduct; (2) procedures for the Board to refer licensees to the Program; (3) criteria for the Program to report licensees to the Board; (4) a procedure for licensees to obtain review of recommendations by the Program regarding assessment or treatment; (5) periodic reporting of statistical information by the Program to the Board, the Society, and the Academy; and (6) maintaining the confidentiality of nonpublic information. Describes the Program as an independent organization for medical professionals that provides screening, referral, monitoring, educational, and support services. Provides that the Board, Society, and Academy may provide funds for the administration of the Program.
Requires the Program to report immediately to the Board detailed information about any licensee of the Board who meets specified criteria including: constitutes an imminent danger to patient care (was, to the public or him- or herself) by reason of mental or physical illness, substance use disorder, professional sexual misconduct (was, sexual boundary violations) or any other reason.
Requires the Program to provide the licensee and the licensee's legal counsel with a copy of a written assessment of the licensee prepared as part of the licensee's participation in the Program upon the written request of a licensee.
Authorizes the Board to adopt, amend, or repeal rules as necessary to carry out and enforce the provisions of the statute.
Repeals GS 90-16(d) (concerning the access of specified information by a licensee).
Amends the qualifications in GS 90-240 for applicants for the exam for dispensing opticians to reduce the number of required years in an apprenticeship and adds requirements for exam applicants who hold a four-year degree or comparable degree in a health-related field. Requires that the exam (was, allows the exam) to include any nationally prepared and recognized exam and requires the adoption of rules designating the nationally prepared and recognized exam that satisfies and serves as credit for the state exam. Specifies conditions under which the required internship may occur before or after sitting for the exam.
Amends GS 90-245 to allow the North Carolina State Board of Opticians (Board) administrator, instead of the Secretary, to collect fees.
Increases the fees charged by the Board under GS 90-246 and adds fees for the registration of an optician in charge, a late fee for restoration of an expired license, a late fee for restoration of an expired license within the second year after expiration, and a restoration fee for an inactive license within the second year.
Amends GS 90-249 to add to the Board's duties designating accredited colleges, universities, and coursework that satisfies the qualifications for examination.
Amends GS 93A-4 as follows. Sets the real estate broker license application fee at $100 (was, not to exceed $30) unless the North Carolina Real Estate Commission (Commission) sets the fee at a higher amount by rule; however, prohibits the Commission from setting an application fee that is more than $120 and prohibits increasing the application fee by more than $5 during a 12-month period.
Sets the license renewal fee at $45 (was, $30) unless the Commission sets the renewal fee at a higher amount by rule; however, prohibits the Commission from setting the renewal fee at more than $60 (was, $50) and prohibits increasing the renewal fee by more than $5 during a 12-month period.
Sets the fee for reinstatement of an expired, revoked, or suspended license at an amount that is equal to two times the license renewal fee at the time the reinstatement application is submitted.
No longer requires the pre- and post-licensing education program hours to consist of in-classroom instruction.
Effective July 1, 2017.
Except as otherwise provided, effective October 1, 2016.
Senate committee substitute makes the following changes to the 1st edition.
Changes the long and short titles.
Amends GS 87-21(b), which sets outs restricted licenses or classifications by the Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors, by deleting the existing language of subsubdivision (b)c, which authorized the Board to establish additional restricted classifications of licenses for three specified situations, and replaces it with the following.
Requires the Board to establish and issue: (1) a State and local government plumbing, heating group number one, heating group number two, or heating group number three technician license for use by persons who do not possess the required contractor license, as specified, but desire to engage in the installation, repair, or replacement of plumbing, heating group number one, heating group number two, or heating group number three, solely as an employee of a State or local government agency; and (2) a State and local government plumbing, heating group number one, heating group number two, or heating group number three technician license for use by persons who do possess the required contractor license, as specified, but also desire to engage in the installation, repair, or replacement of plumbing, heating group number one, heating group number two, or heating group number three as an employee of a State or local government agency without listing their contractor license in the name of the State or local government agency. Further provides that licensed contractors who obtain the State and local government technician license under subsubdivision 2 may contract and perform work under their contractor license only during hours the contractor is not actively employed with the State or local government as a technician, and is on-site carrying out the contracting activity personally. Additionally, provides under new subdivision 2 that no work can be performed by the State or local government agency in reliance upon the technician license when the licensee is not present.
Amends GS 87-26, concerning plumbing and heating contractor licenses issued in the name of corporations, partnerships, or assumed or designated trade name, by adding a new subsection (f) to establish that nothing in the statute can be deemed to limit the ability of a licensee under Article 2 of GS Chapter 87 (Plumbing and Heating Contractors) who is regularly employed by a local board of education to maintain an individual license or to contract or perform work during the hours the licensee is off-duty from the regular employer. Makes conforming change to GS 115C-542 to authorize local boards of education to employ personnel who are licensed to perform maintenance and repairs on school property for plumbing, heating, and fire sprinklers pursuant to Article 2 of GS Chapter 87.
Changes the effective date of the act to October 1, 2016 (was, October 1, 2015).
House committee substitute makes the following changes to the 3rd edition.
Amends the act's long title.
Adds Part numbers to the bill.
Makes the following changes to House Bill 1030 of the 2015 Regular Session, the 2016 Appropriations Act, if it becomes law:
Amends Section 2.1, concerning allocations for current operations, adjusting appropriated amounts under the subheadings for Education, Agriculture and Natural and Economic Resources, and General Government, deleting all proposed appropriations for Elizabeth City State University and the UNC School of the Arts, but adds new appropriations for General Administration and the NC School of Science and Math under Education. Decreases the amount for University Institutional Programs, and Commerce. Increases the amount for Natural and Cultural Resources.
Amends proposed GS 143C-5-4(b)(8) concerning procedures for operation when a fiscal year ends without a new budget, making technical corrections.
Amends Section 6.25(a)(1) of SL 2015-241 concerning the elimination of certain vacant state positions, providing that that the specified positions which have been vacant for more than 12 months as of April 30, 2016, must be abolished (previously, required the specified positions to be abolished if they were vacant for 12 months as of April 17, 2016).
Amends Section 7.7 concerning opportunities for qualifying veterans in the Department of Information Technology, making a technical correction.
Provides that four FTE vacant positions from the Department of Information Technology IT Fund and 3.5 vacant FTE positions from the Department of Information Technology IT Reserve will be eliminated, with the corresponding funding for these positions being reduced as specified.
Amends Section 10.8 concerning funds appropriated to the NC Community College System Office, making a technical change.
Reallocates $3.4 million from Gaston Community College Center to the Gaston College Center for Advanced Manufacturing.
Provides that the $250,000 in nonrecurrring funds for marketing the NC Promise Tuition "Buy Down" at Elizabeth City State University should be allocated to Budget Code 16010 instead of Budget Code 16086.
Amends Section 11.9 of SL 2015-241, as amended by Section 11A.4 of House Bill 1030, concerning the competitive grant program for eligible entities to elevate educators in NC public schools, expanding the information required to be collected by the contracted nonprofit corporation partner of the grant program, now requiring the collection, analysis, and evaluation of the percentage of program completers that are school leaders that have remained employed in a NC public school for two or more years of initial placement. Further requires the nonprofit corporation partner of the program to submit the grant program data collected as specified to the Joint Legislative Education Oversight Committee in addition to the State Board of Education. Further amends funding for the contracted nonprofit corporation, providing that $500,000 for the 2015-16 fiscal year will be allocated to the State Education Assistance Authority for the nonprofit corporation (previously, stated such funds were to be appropriated each fiscal year). Makes conforming changes. Sets out a new funding model for the grant program, beginning in fiscal year 2016-17 and each fiscal year after that, that of the funds appropriated to the grant program, $300,000 must be allocated to the State Education Assistance Authority to contract with the nonprofit corporation, chosen to establish and administer the program, allowing the State Education Assistance Authority to use up to 5% of those funds for administrative costs. Provides that remaining funds appropriated for the program are to be used to award grants to selected recipients.
Amends Section 10.14(c) of SL 2015-241, as amended by House Bill 1030, clarifying that appropriated funds for the NC Works Career Coach Program can be used for salary and benefits for career coaches, with the understanding that up to 2% can be used for direct operating costs related to supporting NC Works Career Coaches.
Amends GS 116-239.11(a)(1), as enacted by House Bill 1030, concerning the funding of lab schools, providing that allocations from the State Board of Education will be the same amount equal to the average per pupil allocation for average daily membership, except as those allocations are appropriated for children with disabilities, children with limited English proficiency, and for the allocation of transportation services (previously, did not provide that they would exclude funding as allocated for transportation services as provided in other local school administrative units).
Amends Section 12A.8(c) concerning funding for the Cape Fear Valley Medical Center, deleting a provision making an erroneous reference.
Amends Section 12H.18 concerning funding for critical medicaid positions, providing that $1.150 million will be appropriated to the Division of Medical Assistance to fund critical positions (previously, provided for the funding to go to the newly established Division of Health Benefits as new operator of Medicaid). Sets out provisions requiring the $1.150 million appropriated to the Division of Health Benefits in 2016-17 fiscal year to be used to fund critical positions in the Division of Medical Assistance.
Amends Section 12C.7(e), replacing DSS with the Department of Health and Human Services in provisions requiring the submittal of a detailed plan for reimbursement to facilities for serving recipients of State-County Special Assistance.
Amends Section 12B.4(a) concerning the NC Pre-K program, requiring the Department of Health and Human Services, Division of Child Development and Early Education, to consult with the Department of Public Instruction in regards to studying the costs and effectiveness associated with funding slots for the NC Pre-K program as specified.
Amends Section 12H.A3 concerning the issuance of a request for proposals to recover Medicaid and NC Health Choice overpayments, requiring the Division of Medical Assistance to issue such request for proposals by December 31, 2016 (was, October 1, 2016).
Reallocates $50,000 for the 2016-17 fiscal year to Fund Code 1161 for the Public Health Authority of Cabarrus County instead of the Public Health Alliance of Cabarrus County.
Amends Section 12G.4.(b) concerning parties to a cooperative agreement upon which a certificate of public advantage was issued, now providing that the report which was required to be submitted detailing activities pursuant to the agreement through September 30, 2017, now will be considered a final report and must be submitted instead by December 30, 2017. Also amends the information that must be included in that report to include the nature and scope of activities pursuant to the agreement through the date the agreement expires (previously, through September 30, 2017). Adds a requirement that a summary of activities and market impact from the date of the agreement expires through September 30, 2017 be included in the report.
Amends GS 143B-139.6A, concerning early intervention services pursuant to the federal Individuals with Disabilities Act, adding language providing that the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf are to be added to any permission to refer release form provided to parents for contact regarding early intervention services.
Amends Section 12A.8(b) of SL 2015-241, as amended, concerning the administration of a competitive grants process for nonprofit funding, amending the required aspects of the funding plan, adding, beginning in the 2017-18 fiscal year, programs that provide year-round sports training and athletic competition for children and adults with disabilities as one of the type of wellness initiatives approved for funding.
Repeals Section 12E.2(g) concerning the Healthy Out-of-School Time (HOST) Recognition Program.
Amends GS 13-202.1(f) providing that amendments of shellfish cultivation leases to authorize the use of the water column can only be transferred with the superincumbent bottom lease for the remainder of the term of the amendment (previously, allowed transfer with a bottom lease).
Amends GS 13-202.2(f) concerning water column leases for aquaculture for perpetual franchises, providing that such water column leases can only be transferred with the superincumbent perpetual franchise for the remainder of the term of the lease as specified.
Provides that, notwithstanding any provision of the act to the contrary, the revised net appropriation for all programs in the Rural Economic Development Divisions for the 2016-17 fiscal year will be $23,857,973 and that $336,000 in recurring funds for Community Planners for Prosperity Zones for the 2016-17 fiscal year will be allocated to Fund Code 1620 instead of Fund Code 1534.
Amends Section 13.4(a) concerning funds appropriated to the Department of Agriculture and Consumer Services for the 2016-17 fiscal year to create a program to reimburse small food retailers to enhance access to healthy foods, providing that the Department can retain up to 10% of the allocated funds pursuant to this section for administrative costs associated with the health food small retailer program.
Directs funds appropriated to the Department of Natural and Cultural Resources for advanced planning of a new visitor center at Fort Fisher State Park to be transferred to a Capital Code by the Department.
Directs any funds appropriated to the Department of Commerce in order to contract with the Economic Development Partnership of NC to be reduced by an additional $65,437 in recurring funds for the 2016-17 fiscal year, with the revised net appropriation for the Department of Commerce to be $20,255,411.
Directs funds appropriated to the Department of Natural and Cultural Resources to be increased by $65,437 in recurring funds for the 2016-17 fiscal year to be used to support a distance learning coordinator position at the NC Museum of History, with the revised net appropriation for the Department of Natural and Cultural Resources to be $14,784,124.
Directs $75,000 in nonrecurring funds appropriated to the Forest Development Fund to be allocated to Fund Code 1990 instead of Fund Code 1510.
Directs that $100,000 of the funds appropriated to the Office of Indigent Defense Services for the 2016-17 fiscal year be allocated to the NC State Bar for use by the Pisgah Legal Services.
Directs the Department of Public Safety to not eliminate position number 60070228, but rather should instead identify another vacant position at the same salary level to eliminate in Fund Code 1100-Division of Administration.
Amends Section 8.26(n) of SL 2015-241, requiring the Department of Public Safety to implement an anonymous safety tip line application and a statewide panic alarm system as required, by July 1, 2018 (was, by July 1, 2016).
Reallocates $500,000 in nonrecurring funds for the 2016-17 fiscal year from the State Emergency Response and Disaster Relief Fund to the Governor's Office to pay for costs incurred from litigation related to SL 2016-3.
Provides that funds appropriated for the Community Living Housing Fund should be appropriated from Budget Code 63011 rather than Budget Code 13010.
Amends Section 32.5(j) concerning the responsibilities for the NC Youth Legislative Assembly, deleting language that transferred the position of Administrative Officer II as specified, including transferring salary and benefits as specified. Further provides that effective July 1, 2016, Administrative Officer II, Position Number 60014065, and associated benefits are transferred from the Department of Administration to the General Assembly.
Provides that the funds in Budget Code 23900 in the 2016-17 fiscal year will be used to continue the transfer of a portion of vehicle inspection fee proceeds from the Department of Transportation to continue support of the State's grant program that provides funding to local rescue organizations. Provides that the revised net appropriation for the Volunteer Rescue/EMS Program is $1,456,931.
Provides that the funds in Budget Code 23901 in the 2016-17 fiscal year will be used to restore the recurring transfer of a portion of vehicle inspection fee proceeds from the Department of Transportation to continue support of the State's grant program that provides funding to eligible beneficiaries. Provides that the revised net appropriation for the Rescue Squad Workers' Relief Fund is $957,352.
Amends Section 36.10 adding new Section 36.10(e), providing that $6,051,722 of the funds appropriated to the Community Colleges System Office can be used for the restoration of management flexibility cuts, compensation increases, or both. Also adds Section 36.10(f), which provides that it is the intent of the General Assembly to provide additional recurring funds during the 2017-18 fiscal year to the Community Colleges System Office for compensation increases.
Amends GS 142-15.17, concerning the prohibition on financing certain assets without approval of the General Assembly, making a technical correction.
Provides that the Department of Administration can lease to a third party the 1.7 acre Personnel Training Center property located on Peace Street in Wake County. Sets out requirements of the lease, including that it can exceed 30 years but not 99 years and that it must be for fair market value. Also exempts the lease from the otherwise applicable statutes found in GS 66-58 and GS 146-29(b).
Amends Section 38.2(f), effective date provisions for Section 38.2, concerning the taxation of mill machinery, making technical and clarifying changes.
Amends GS 105-164.4H(d)(2), GS 105-187.51B(a)(6)-(7) (effective July 1, 2016), and GS 105-164.4H(e)(1)(f) (effective January 1, 2017), making various technical and clarifying changes.
Amends GS 105-164.4H(e)(1)d, concerning the definition of capital improvement as it relates to real property contracts, making a clarifying change, effective January 1, 2017.
Amends Section 38.5(g), correcting a reference.
Provides that Section 1 of this bill, concerning the North Carolina measurability Assessment Act of 2016, is effective October 1, 2016, and unless otherwise provided, the remainder is effective July 1, 2016.
Senate amendment #1 makes the following changes to the 4th edition.
Provides that if House Bill 1030, the 2016 Appropriations Act, becomes law, then the funds appropriated to the Department of Public Safety for the renovation of the National Guard Tarheel Challenge Academy gym on the Salemburg campus will be transferred to a capital code and used for the construction of a new multipurpose facility.
Senate amendment #2 makes the following changes to the 4th edition.
Adds new Part XI-A. Transportation to the bill. Directs the Department of Transportation to pay 75% of the nonbetterment costs for the relocation under Project U-2211B of water and sewer lines owned by the City of Lenoir, with the funds for the above associated costs coming from Fund Code 9075 in the Highway Trust Fund.
Senate amendment #3 makes the following changes to the 4th edition.
Amends the act's long title.
Amends GS 1E-2 concerning the provision of county services on lands held in trust for the Eastern Band of Cherokee Indians, providing that a county is not compelled to provide services on such lands, but adds an exception for public health or human services traditionally provided by county agencies and not otherwise assumed by the Eastern band of Cherokee Indians. Provides that such services are to be provided unless there is an agreement between the two parties describing each party's responsibilities. Deletes language which required the agreement also include a description of compensation for the services provided. Deletes a requirement that the agreement be approved and signed by the Tribal Council of the Eastern Band of Cherokee Indians and the chair of the board of county commissioners; now only requires an agreement to be approved and signed by the Principal Chief of the Eastern Band of Cherokee Indians and the county manager or delegated department head. Effective August 1, 2016.
AN ACT TO CLARIFY THE RENEWAL, RELEASE, AND CANCELLATION PROCESS FOR SECURITY INTERESTS ON A CERTIFICATE OF TITLE FOR A MANUFACTURED HOME AND TO CLARIFY THE CALCULATION OF THE COST OF THE UNDERTAKING FOR THE INSTALLATION OF A MANUFACTURED HOME. Enacted June 30, 2016. Section 6 is effective August 1, 2016. The remainder is effective July 1, 2017.
AN ACT TO ENACT THE RETIREMENT TECHNICAL CORRECTIONS ACT OF 2016. Enacted June 30, 2016. Sections 3 and 6 are effective January 1, 2017. The remainder is effective June 30, 2016.
House amendment #4 makes the following changes to the 2nd edition, as amended.
Deletes the appropriation provisions found in Part III of the act and replaces them with the following provisions.
Directs the Department of Health and Human Services (DHHS) to use funds available to reimburse schools and child care facilities for costs associated with testing drinking water for lead as well as pay for the costs of having DHHS or a local health department conduct sampling and analysis of the drinking water on behalf of the schools and child care facilities. Requires appropriate documentation to be submitted for authentication before reimbursement is released.
Directs the Divisions of Public Health and Child Development and Early Education in DHHS, the Department of Environmental Quality, and the Department of Public Instruction to use available agency funds to support the implementation of Section 2, the testing for the presence of lead in drinking outlets as specified and Section 3, the development and implementation of necessary information technology infrastructure.
Directs DHHS to use available funds to coordinate with the NC Government Data Analytics Center to develop and implement the database and reporting infrastructure necessary to support Sections 2 and 3.
Allows DHHS to use available funds, only after all specified priority costs have been covered, to reimburse schools and child care facilities for costs for (1) the provision of alternative drinking water, (2) the identification and removal of drinking water infrastructure that contains lead, and (3) the installation of replacement infrastructure or water treatment devices when authenticating documentation is submitted proving the installation of such replacement infrastructure or treatment devices. Directs schools to design and install any replacement infrastructure or treatment devices in accordance with specified statutes.
AN ACT TO ENACT THE TREASURER'S 2016 INVESTMENT AND ADMINISTRATIVE CHANGES ACT. Enacted June 30, 2016. Section 5 is effective June 30, 2016. The remainder is effective January 31, 2017, except as otherwise provided.
|Intro. by Ross, Lambeth, Adcock, Hamilton.||GS 147|
The Daily Bulletin: 2016-06-30
House amendment makes the following changes to the 2nd edition.
Deletes the revision to the title to GS 153A-364 to revert to the original title, Periodic inspections for hazardous or unlawful conditions. Makes conforming changes throughout the statute to replace "inspections" and revert to the original language of "periodic inspections."
Adds provision to authorize the inspection department, upon the determination that a safety hazard exists which poses an immediate threat to the occupant in one of the dwelling units within a multifamily building, to inspect, in the absence of a specific complaint and actual knowledge of an unsafe condition, additional dwelling units in the multifamily building to determine if that same safety hazard exists.
Makes technical change to proposed subsection (e) to refer to the sheriff's office instead of the sheriff's department.
Amends proposed subsection (f) to allow the owner of the individual rental unit upon which the county has taken action to appeal the decision to the housing appeals board or the zoning board of adjustment, if operating (previously, if created under GS 160A-446), or the planning board, if created, or if neither is created, the governing board (previously, the county manager or the county manager's designee). Additionally, removes the county manager from the appeal process and determinations.
Amends the title of GS 160A-424 to Periodic inspections (previously, Inspections) for hazardous and unlawful conditions. Makes conforming changes throughout the statute to replace "inspections" and revert to the original language of "periodic inspections."
Adds provision to authorize the inspection department, upon the determination that a safety hazard exists in one of the dwelling units within a multifamily building, to inspect, in the absence of a specific complaint and actual knowledge of an unsafe condition, additional dwelling units in the multifamily building to determine if that same safety hazard exists.
Makes technical change to proposed subsection (e) to refer to the sheriff's office instead of the sheriff's department.
Amends proposed subsection (f) to allow the owner of the individual rental unit upon which the county has taken action to appeal the decision to the housing appeals board or the zoning board of adjustment, if operating (previously, if created under GS 160A-446), or the planning board, if created, or if neither is created, the governing board (the city manager or the city manager's designee). Additionally, removes the city manager from the appeal process and determinations.
Changes the effective date of the act to January 1, 2017 (previously, effective when the act becomes law).
AN ACT TO AMEND THE LAW REGARDING CHANGE ORDERS ON SCHOOL CONSTRUCTION PROJECTS. Enacted June 30, 2016. Effective October 1, 2016.
|Intro. by Tillman.||GS 115C|
Conference report makes the following changes to the 3rd edition.
Changes the long title to AN ACT TO MODIFY CERTAIN REQUIREMENTS PERTAINING TO LOCAL MANAGEMENT ENTITIES/MANAGED CARE ORGANIZATIONS.
Amends Section 1 of the act, which sets out the encounter data submission requirements for local management entities/managed care organizations (LME/MCOs), by deleting the proposed third requirement that required DHHS to share encounter data with the Government Data Analytics Center. Changes the date by which DHHS is required to report to the Joint Legislative Oversight Committee on Health and Human Services regarding the status of the section to on or before February 1, 2017 (previously, February 1, 2016).
Deletes the proposed additions to GS 122C-115.3, governing the Secretary of DHHS's approval of a county's withdrawal from an area authority on mental health, developmental disabilities, and substance abuse services operating under a 1915(b)/(c) Medicaid Waiver. The proposed language required the Secretary to adopt rules creating a process for withdrawal, as required by GS 122C-112.1(38) and SL 2012-151, and prohibited the Secretary from approving a county's withdrawal until these rules are established.
Enacts GS 122C-124.3, Authorization to direct mergers and acquisitions, to authorize the Secretary of DHHS to direct the merger of LME/MCOs and to direct the acquisition of an LME/MCO by another LME/MCO. Authorizes the Secretary of DHHS (Secretary) to set time lines and dates for the orderly completion of the mergers and acquisitions. Sets out 11 factors related to each LME/MCO the Secretary must consider in directing mergers and acquisitions. Provides that the failure of an LME/MCO to comply with the Secretary's directions under the statute constitutes noncompliance for purposes of GS 122C-124.2(c) and constitutes cause for the Secretary to terminate all contracts between the DHHS and the LME/MCO. Expires June 30, 2018.
Enacts GS 122C-147.3, LME/MCO use of funds, to authorize LME/MCOs to use funds only for purposes related to their functions and responsibilities under GS Chapter 122C, specifically including operation of the combined Medicaid Waiver program authorized under section 1915(b) and 1015(c) of the Social Security Act, or to carry out functions and responsibilities required by State law, federal law, or contract with DHHS. Establishes that a violation of the statute constitutes noncompliance for purposes of GS 122C-124.2(c).
Makes conforming changes to GS 122C-124.4(c), concerning the consequences of noncompliance by an LME/MCO, to include new GS 122C-124.3 and GS 122C-147.3 in the specified statutory requirements that constitute noncompliance and trigger the specified actions to be taken by the Secretary.
Amends GS 122C-118.1, concerning the structure of boards of the area authorities, to allow the boards of county commissioners within certain large multicounty areas to appoint members of the area board through a process other than as required by this section if at least three-quarters of the counties (was, two thirds of the counties) adopt a resolution to that effect. Adds that no area board can be exempt from the membership composition requirements of subsection (b) of the statute (previously, allowed the Secretary to approve an appointment process that includes the constituent counties delegating appointment authority to intermediary bodies created by counties to represent regions of a multicounty area authority). Makes technical changes. Deletes the proposed revisions to subdivision (13) of subsection (b), which adjusted the board membership requirement for hospital administrators who serve as nonvoting members and participate only in board activities that are open to the public. Adds a new subsection (d1) to require each LME/MCO, beginning on July 1, 2017, to annually notify the Secretary of (1) the membership of the area board, (2) the county residence of each member, (3) how the membership composition requirements in subsection (b) of the statute are being met, (4) the term of office of each member, and (5) the LME/MCO's compliance with training requirements for its board members.
Directs all area boards to comply with the requirements of GS 122C-118.1(a1), as enacted by the act, no later than February 1, 2017.
Amends GS 122C-121, which sets out provisions relating to an area director, to establish that in no instance can the salary of an area director that is higher than the maximum applicable salary range exceed more than 40% the average salary of the area directors of the remaining LME/MCOs, as determined by the Secretary. Adds that if any director's salary that is higher than the maximum of the applicable salary range and exceeds by more than 40% the average salary of the area directors of the remaining LME/MCOs, the director's salary must be reduced to achieve compliance with subsection (a1) within 60 days after a determination by the Secretary. Adds new subsection (a3) to make the total compensation provided or recommended by each area board to its area director subject to review and approval by DHHS and the Office of State Human Resources (OSHR), at least annually. Prohibits an area board from increasing compensation to an area director prior to approval by the Secretary of DHHS and the Director of OSHR. Amends proposed subsection (e) to allow the Secretary to waive the requirements of subsection (e) (requiring the appointment of an area director to be based on the recommendation of at least two candidates by a search committee) when appointment of the area director results from the merger or consolidation of LME/MCOs. Amends proposed subsection (f) to clarify that, except as a result of the merger or consolidations of LME/MCOs, the area director cannot be terminated as specified without 30 days' prior written notice to the Secretary of DHHS.
Deletes the three proposed uncodified sections, which (1) maintained and extended the pilot program of the Department's Division of Health Service Regulation to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness or emotional disturbance, (2) required the Department's Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to distribute one-twelfth of each LME/MCO's allocation each month by the last working day of the month, and (3) required the Department to develop a plan for extending Community Guide services to individuals on the Medicaid Innovations Waiver waiting list and to report to the Joint Legislative Oversight Committee on Health and Human Services on the plan by March 15, 2016.
Amends SL 2015-241, Section 12F.2(a), to require DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS), to distribute not less than one-twelfth of each LME/MCO's base budget allocation (previously, continuation allocation) at the beginning of the fiscal year, less the amount of that distribution from the LME/MCO's total reimbursements for the fiscal year. Additionally requires DHHS, DMH/DD/SAS. to distribute one-twelfth of each LME/MCO's single-stream allocation on or before the last working day of each month beginning with the first month of the fiscal year and continuing monthly thereafter. Effective July 1, 2016.
|Intro. by Hartsell.||GS 122C|
Conference report makes the following changes to the 3rd edition.
Amends proposed GS 57D-9-20(b) by providing that the conversion of a charitable or religious corporation to an LLC is permitted by law (was, permitted) if the sole member of the surviving entity immediately after the conversion is a charitable or religious corporation (was, if the sole member of the surviving entity is a charitable or religious corporation). Adds that this subsection does not limit the ability of an eligible entity to convert to an LLC if otherwise permitted by law.
Adds a new section enacting new Article 11A, Conversions, in GS Chapter 55A, consisting of two Parts. The only substance is contained in Part 2 in new GS 55A-11A-10, which allows a charitable or religious corporation to convert to a domestic limited liability company if the converting charitable or religious corporation complies with the requirements of Part 2 and GS 57D-9-20 (conversion), GS 57D-9-21 (plan of conversion), and GS 57D-9-22 (filing of articles of organization and conversion by the converting entity).
AN ACT TO PROVIDE ACCURATE AND COMPLETE DATA TO STUDENTS ON POSTSECONDARY STUDENT COMPLETION, GRADUATION, AND EARNINGS OUTCOMES AT NORTH CAROLINA POSTSECONDARY INSTITUTIONS AND TO PROVIDE FOR A COORDINATED AND CENTRALIZED RESIDENCY DETERMINATION PROCESS. Enacted June 30, 2016. Section 1 is effective April 1, 2017. Section 2 is 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.
AN ACT TO REQUIRE APPRAISAL MANAGEMENT COMPANIES TO COMPENSATE APPRAISERS IN COMPLIANCE WITH FEDERAL LAW AND TO ALLOW FEDERAL APPELLATE JUDGES TO PERFORM MARRIAGE CEREMONIES. Enacted June 30, 2016. Effective June 30, 2016, except as otherwise provided.
|Intro. by Meredith, Rabon.||GS 93E|
House committee substitute makes the following changes to the 1st edition.
Changes the long title to AN ACT TO CREATE CONSISTENCY IN THE TIME PROVIDED TO COMPLETE ELECTION CANVASSES; TO REQUIRE THE ATTORNEY GENERAL TO DEFEND LOCAL ACTS AGAINST FACIAL CHALLENGES; TO PROVIDE FOR BALLOT ORDERING OF CANDIDATES FOR JUDGE OF THE COURT OF APPEALS; TO REQUIRE EXPLANATORY CAPTIONS FOR CONSTITUTIONAL AMENDMENTS ON BALLOTS; TO AUTHORIZE THE JOINT LEGISLATIVE ELECTIONS OVERSIGHT COMMITTEE TO STUDY MUNICIPAL ELECTIONS IN EVEN-NUMBERED YEARS; TO UPDATE THE FILING PERIOD FOR ELECTIONS IN THE CITY OF REIDSVILLE; AND TO PROVIDE FOR PARTICIPATION IN THE CENSUS REDISTRICTING DATA PROGRAM AND FOR RETURN OF ELECTION DATA. Changes the short title.
Deletes all provisions of the previous edition and now provides the following.
Amends GS 163-182.5(b), concerning the cavassing of votes by the county board of elections, to require the county board of elections to meet on the tenth day after every election to complete the canvass of votes cast and to authenticate the count in every ballot item in the county (previously, provided different days for the board to complete election canvasses depending on whether the elections were held at the same time as the general election in November of even-numbered years).
Current GS 114-2.3(a) requires every State agency, institution, department, bureau, board, or commission authorized by law to retain private counsel to obtain written permission from the Attorney General (AG) prior to employing private counsel. Adds new subsection (c) to require AG to represent the State in any action requiring the State to be a party under new GS 1-72.3. New GS 1-72.3 requires the State to be a party whenever the validity or constitutionality of a local act of the General Assembly is the subject of an action in any court, and except as provided in GS 147-17 (requiring approval of the Governor, at the advisement of the AG, for employment of counsel in cases wherein the State is interested), to be represented by the AG. Provides that the statute does not affect any authority under GS 1-72.2 (standing of legislative offices) or GS 120-32.6 (employment authority of the General Assembly).
Effective August 1, 2016, and applies to actions filed on or after that date.
Amends GS 163-165.6, concerning the arrangement of official ballots in all elections in the State, by adding a new subsection (d1) to set out the order in which candidates for judge of the Court of Appeals on a general election official ballot are to appear, as follows. First, candidates registered with political parties that reflect at least 5% of statewide voter registration in alphabetical order by party beginning with the party whose nominee for Governor received the most votes in the most recent gubernatorial election, and in alphabetical order within the party. Second, candidates registered with other political parties, in alphabetical order by party and in alphabetical order within a party. Third, all unaffiliated candidates, in alphabetical order.
Amends GS 163-165.6(g), which sets out the order of precedence for referenda on the official ballot, to provide that in addition to chronologically listing proposed amendments to the North Carolina Constitution in the order in which the proposals were approved by the General Assembly, the proposed amendments are to be designated by only the short caption provided by the Constitutional Amendments Publication Commission under Article 4A of GS Chapter 147 (which requires the Commission to prepare a summary of every proposed amendment to the Constitution within a certain period before an election in which a proposed amendment to the Constitution, or a revised or new Constitution, is to be voted on).
Amends GS 147-54.10, which sets out the powers of the Constitutional Amendments Publication Commission, to require the Commission to prepare an explanation of the amendment, revision, or new Constitution in simple and commonly used language at least 75 days (previously, 60 days) before an election in which a proposed amendment to the Constitution, or a revised or new Constitution, is to be voted on. Adds that the explanation is to include a short caption reflecting the contents to be used on the ballot and the printed summary. Prohibits the short caption from including a numerical or other reference of order. Makes the language gender neutral. Moves existing language, as amended, into two subsections.
Sets out that it is the intent of the General Assembly to provide for even-numbered year municipal elections, effective with the 2020 election cycle. Directs the Joint Legislative Elections Oversight Committee to study the options to implement the change and recommend to the General Assembly any legislation it deems advisable, with the final report to be made before the convening of the 2017 Regular Session of the General Assembly.
Amends Section 3.5 of the Charter of Reidsville in SL 1989-957, as amended, to require the period for filing notices of candidacy for all city election years as provided for in the General Statutes (previously, the period is to begin at noon on the first Friday in August and end at noon on the third Friday in August preceding the election).
Enacts GS 163-132.1C, Participation in the 2020 Census Redistricting Data Program (Program) of the United States Bureau (Bureau), to require the State to participate in the Program, conducted pursuant to PL 94-171, so that the State can receive 2020 Census data by voting districts. Directs the Executive Director of the State Board of Elections (Executive Director) to report to the Bureau the State's voting precincts as of January 1, 2018, after consultation with the Legislative Services Office, to be used in the 2020 Census as voting districts. Requires the Executive Director to timely submit the report to comply with the deadlines of the Bureau for the 2020 Census Redistricting Data Program. Requires the Executive Director, with the assistance of the county boards of elections, to participate in the Bureau's verification program and notify the Bureau of any errors in the entry of the voting districts in time for those errors to be corrected. Requires the Executive Director and the Legislative Services Officer to develop a systematic method for review and input by the Legislative Services Officer prior to the submission required by the statute. Repeals GS 163-132.1B, which set out provisions for participation in the 2010 Census Redistricting Data Program of the United States Bureau of the Census.
Directs the State Board of Elections (SBE) to develop a proposed voting district map on or before September 1, 2016, to be submitted to the Joint Legislative Elections Oversight Committee and the Legislative Services Office on or before December 1, 2016. Sets out three factors to be considered in the development of the proposed map.
Directs the county boards of election to report any requested changes to precinct boundaries to be used in elections held on or after January 1, 2018, on or before November 1, 2017. Directs the SBE to develop criteria for the county boards of election to use in developing proposed boundary changes, notify the county boards of the requirement to submit proposed changes, and facilitate the county boards in developing proposed boundary changes. Requires the SBE to consult with the Legislative Services Office about the proposed changes to precinct boundaries in a timely and systemic manner in order to accommodate submitting a statewide map of updated precinct boundaries to the Bureau of the Census for the Phase 2 Voting District Project. Directs the Executive Director of the SBE and the Legislative Services Office, after receipt of the voting districts geography from the Bureau of Census for the 2020 Census, to determine if any alteration to the precinct boundaries are needed in order to comply with GS 163-132.3(a1)(1), as enacted by the act.
Amends GS 163-132.3(a), concerning alterations of approved precinct boundaries, to provide that no county board of elections may change any precinct boundary unless approved by the Executive Director of the SBE (previously, unless the Executive Director determines that the county board has a current capability of complying with GS 163-132.1B(a2) by reporting all election returns by voting tabulation district as required by GS 163-132.5G). Deletes provisions of subsection (a) that allow the county board to make any changes to precinct boundaries, if the Executive Director so determines, provided that all proposed new precincts consist solely of contiguous territory, and requiring the county boards to report precinct boundary changes to the Executive Director in the manner the Executive Director directs. Moves and amends the remaining existing language of subsection (a) to new subsections (a1) and (a2). Directs the SBE to set uniform standards for precinct boundaries that the county boards of elections must follow. Requires any uniform boundaries set by the SBE to comply with four specifications. Makes clarifying change to subsection (b) that approval of proposed new or altered precinct maps and written descriptions are the official precincts for voting (previously, the official precincts). Makes conforming and technical changes to subsection (c), and makes language gender neutral. Effective January 1, 2020, and applies to all alterations of precinct boundaries on or after that date.
Changes the title of GS 163-132.5G to Voting data maintained by precinct (previously, by voting tabulation district), moves existing language into new subsections (a) through (c), and amends as follows. Requires each county board of elections to maintain voting data by voting precinct so that precinct returns for each item on the ballot include the votes cast by all residents of that voting precinct who voted, regardless of where the voter voted (previously, required each county board to maintain voting data by voting tabulation district as provided in GS 163-132.1B so that voting tabulation district returns for each item on the ballot include the votes cast by all residents of the voting tabulation district who voted, regardless of where they voted). Makes conforming changes to replace "voter tabulation district" with "precinct." Establishes that the county board cannot be required to report returns by voting precinct for voters who voted other than at the voting precinct associated with that voter's voter registration until 30 days after the election (previously, for voters who voted other than at their precinct voting place on election days until 60 days after the election). Makes conforming changes to subsection (b).
Amends GS 163-165.7(a) (both the version effective until January 1, 2018, or September 1, 2019, and the version effective January 1, 2018, or September 1, 2019), which specifies elements that must be included in the certification requirements for voting systems, to require that the voting system must have the capacity to include in voting district returns the votes cast by voters outside of the precinct associated with that voter's voter registration (previously, to include in voting tabulation district returns the votes cast by voters outside of the voter's voting tabulation district as required by GS 163-132.5G).
Directs the SBE to report for each voter registration the current voting precinct and the 2010 Census Bureau voting tabulation district until January 1, 2020.
Effective September 1, 2016, and applies to elections conducted on or after that date and contracts awarded on or after that date.
Except as otherwise provided, the act is effective when it becomes law, and applies to elections held on or after that date.
AN ACT TO ENACT THE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT AND MAKE CONFORMING AMENDMENTS TO THE GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. Enacted June 30, 2016. Effective June 30, 2016.
AN ACT TO CONFORM TO THE COMPARABLE PROVISION OF THE UNIFORM COMMERCIAL CODE THIS STATE'S LAW ON ACCORD AND SATISFACTION OF A DISPUTED DEBT THROUGH THE TENDERING OF A NEGOTIABLE INSTRUMENT AS FULL PAYMENT OF THE DEBT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. Enacted June 30, 2016. Effective October 1, 2016.
|Intro. by Hartsell.||GS 25|
Senate amendment makes the following changes to the 3rd edition.
Amends GS 7A-45.1(a10), concerning the terms of special superior court judges, to provide that the term of the special superior court judge commencing on March 1, 2011, is to expire at the earlier of the date on which the office becomes vacant through the retirement, resignation, removal from office, or death, or September 30, 2016.
Makes technical correction to GS 36C-8-816(31) to replace the statutory reference to GS 28A-22-110 with GS 28A-22-10.
Amends GS 115C-401.2(e) (permissible operator actions under student online privacy protection act), as enacted by SL 2016-11, to add a new subsection to authorize an operator to use a student's information, including covered information, solely for identifying or displaying information on nonprofit institutions of higher education or scholarship providers to the student 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 clear and conspicuous notice.
Amends GS 143B-139.6A, which provides for the Secretary of the Department of Health and Human Services's responsibilities regarding availability of early intervention, to direct the Secretary to include the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf as agencies included on any permission to refer release form provided to parents for contact regarding services under the early intervention system for eligible infants and toddlers.
Amends GS 147-86.59(a), concerning certification required under the Iran Divestment Act, to require a State agency to certify that (previously, require) a person that attempts to contract with the State or political subdivision of the State is not identified on a list created by the State Treasurer pursuant to GS 147-86.58 when the bid is submitted to the contract is entered into, renewed, or assigned (previously, a person that attempts to contract with the State or a political subdivision of the State, including a contract renewal or assumption, to certify, at the time the bid is submitted or the contract is entered into, renewed, or assigned, that person or the assignee is not identified on a list created by the State Treasurer pursuant to GS 147-86.58). Adds that "attempts to contract" include contract renewal or assumption. Establishes that if a State agency and the same person enter into multiple contracts or multiple contract renewals or assumptions within 180 days after a certification is made, a new certification need not be made. Makes conforming change to subsection (c).
Amends SL 2015-125, Section 10, to establish that Section 3 of the act (amending GS 20-309(a) to define motor vehicle to include mopeds) becomes effective October 1, 2016, (previously, effective July 1, 2016 in the catchall effective date of the act).
Establishes that if H 959 (DOT Proposed Legislative Changes), 2015 Regular Session, becomes law: (1) Section 13(f) of the act (which amends the definition of motor vehicle in GS 58-37-1) is repealed and (2) Section 13(j) of the act is amended to provide that Section 13 of H 959 is effective July 1, 2016 (previously, December 1, 2016, and applies to offenses committed on or after that date).
Effective July 1, 2016.
Establishes that if H 630 (Drinking Water Protection/Coal Ash Cleanup Act), 2015 Regular Session, becomes law, the act is amended to add new Section 1.1. Establishes that for purposes of GS 130A-309.216, as enacted by Section 1 of H 630, the term "an impoundment owner" is to be construed to mean Duke Energy Progress, LLC, and Duke Energy Carolinas, LLC, as a single entity, and as such, GS 130A-309.216, as enacted by Section 1 of H 630, requires installation and operation of a total of three ash beneficiation projects in the State.
|Intro. by Hartsell.||GS 7A, GS 14, GS 20, GS 28A, GS 36C, GS 39, GS 42A, GS 90, GS 97, GS 108A, GS 115C, GS 120, GS 136, GS 143, GS 143B, GS 143C, GS 146, GS 147, GS 153A, GS 160A|
House amendment makes the following changes to the 2nd edition.
Amends GS 135-48.32 by deleting the requirement that the Claims Processor provide all claims processing data elements to the State Health Plan for Teachers and State Employees, including the identification of providers and the allowed amounts paid.
House committee substitute makes the following changes to the 3rd edition.
Amends GS 58-86-55, concerning monthly pensions upon attaining the age of 55 years under the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund, by adding a new subsection (d2) to provide the manner in which benefits are to be paid when a member is killed in the line of duty and the requirements under Article 12A of GS Chapter 143 are met, based on whether (1) the member had been receiving a monthly pension fund benefit prior to being killed in the line of duty, (2) the member had been receiving a monthly pension fund benefit prior to being killed in the line of duty and the spouse is not payable as described in subdivision (1), (3) the member had not begun receiving a monthly benefit prior to being killed in the line of duty, or (4) the member had not begun receiving a monthly benefit prior to being killed in the line of duty and the spouse is not payable as described in subdivision (3). Provides that a beneficiary under new subsection (d2) is not required to make the monthly payment of $10 as required by GS 58-86-35 and GS 58-86-40 after the member has been killed in the line of duty. Repeals new subsection (d2) effective July 1, 2018.
Deletes the effective date of July 1, 2018, for Section 1 of the act, and instead provides that Sections 1(a) and 1(d) become effective June 1, 2016, and apply to benefits paid when a member is killed in the line of duty on or after June 1, 2016, but before July 1, 2018. Provides that Section 1(e) is effective June 1, 2016. Provides that Sections 1(b) and 1(c) become effective July 1, 2018, and apply to benefits paid when a member is killed in the line of duty on or after that date.
Amends GS 135-6(b), which sets out the membership and terms of the Board of Trustees of the Retirement System for Teachers and State Employees, to add the Director of the Office of State and Human Resources as an ex officio member. Reduces the number of members to be appointed by the Governor and confirmed by the Senate from nine to eight members, and removes the requirement that one of those eight members is to be a representative of higher education appointed by the Governor for a term of four years, commencing July 1, 1969, and quadrennially thereafter. Makes technical changes.
Amends GS 135-6(g), which sets out provisions pertaining to officers and other employees of the Retirement System for Teachers and State Employees, to establish that the State Treasurer is ex officio chair of the Board of Trustees and is to appoint a director (previously, required the Board to appoint a director by majority vote, who may but need not be one of its members). Deletes the provision making the salary of the director of the Retirement System subject to the provisions of GS Chapter 126 (North Carolina Human Resources Act).
Amends GS 136-6(o) (intends GS 135-6(o)), which requires the actuary to make an annual valuation of the assets and liabilities of the funds in the Retirement System created in GS Chapter 135, to require the annual valuation include a supplemental section that provides an analysis of assets on a market basis using the 30-year treasury rate as of December 31 of the year of the valuation as the discount rate.
Amends GS 128-28(h), which sets out provisions pertaining to officers and other employees of the Retirement System for Counties, Cities and Towns, to establish that the State Treasurer is ex officio chair of the Board of Trustees and is to appoint a director (previously, the Board of Trustees is to elect a chairman from its membership and, by a majority vote, appoint a director, who may, but need not be, one of its members).
Amends GS 128-28(p), which requires the actuary to make an annual valuation of the assets and liabilities of the funds in the Retirement System created in GS Chapter 128, to require the annual valuation include a supplemental section that provides an analysis of assets on a market basis using the 30-year treasury rate as of December 31 of the year of the valuation as the discount rate (identical to addition made by the act to GS 135-6(o) relating to the Retirement System for Teachers and State Employees).
Amends GS 115C-341.2 to require that a vendor selected to administer the North Carolina Public School Teachers’ and Professional Educators’ Investment Plan (403(b) plan) must be selected pursuant to the procurement procedures used by the Supplemental Retirement Board of Trustees under Article 5 of GS Chapter 135. Also clarifies that administration of the 403(b) plan shall be performed under Article 5 of GS Chapter 135. Makes other technical and conforming changes. Makes identical changes to GS 115D-25.4(b), which authorizes community college employees to participate in the 403(b) plan.
Amends GS 135-109, concerning reports of earnings under the Disability Income Plan of North Carolina, to establish that the Department of State Treasurer and Board of Trustees may require (previously, must require) each beneficiary to annually provide a statement of the beneficiary's income received as compensation for services, as described in the existing language. Establishes that the benefit payable to a beneficiary who does not or refused to provide the information requested within 120 days (previously, within 60 days) after the request may be suspended (previously, must not be paid a benefit) until the information so requested is provided, and should such refusal or failure to provide such information continue for 180 days (previously, 240 days) after such request, the right of a beneficiary to a benefit under Article 6 of GS Chapter 135 (Disability Income Plan of North Carolina) may be terminated.
|Intro. by Wells, Apodaca.||GS 58, GS 115C, GS 115D, GS 126, GS 128, GS 135, GS 136, GS 147, GS 153A, GS 160A|
Senate amendment makes the following changes to the 2nd edition.
Deletes the section appointing Dr. Dwight Cochran to the North Carolina Veterinary Medical Board.
|Intro. by Apodaca.||UNCODIFIED|
House committee substitute makes the following changes to the 3rd edition.
Amends the short and long titles of the act.
Amends the whereas clauses to indicate the inclusion of the Speaker of the House of Representatives (Speaker) appointments.
Adds appointments by the Speaker to the following boards: Acupuncture Licensing Board, African-American Heritage Commission, Board of Directors of the North Carolina Arboretum, North Carolina Agricultural Finance Authority, North Carolina Brain Injury Advisory Council, North Carolina State Building Commission, Centennial Authority, North Carolina Child Care Commission, North Carolina Clean Water Management Trust Fund Board of Trustees, North Carolina Code Officials Qualifications Board, Criminal Justice Information Network Governing Board, Domestic Violence Commission, Economic Investment Committee, Education Commission of the States, North Carolina Education and Workforce Innovation Commission, North Carolina Board of Electrolysis Examiners, State Ethics Commission, North Carolina Board of Funeral Service, North Carolina State Commission for Indian Affairs, Commission on Indigent Defense Services, License to Give Trust Fund, North Carolina Locksmith Licensing Board, 911 Board, North Carolina On-site Wastewater Contractors and Inspectors Certification Board, Outdoor Heritage Advisory Council, North Carolina Parks and Recreation Authority, North Carolina State Ports Authority, North Carolina Railroad Board of Directors, North Carolina Recreational Therapy Licensing Board, Roanoke Island Commission, Rules Review Commission, Rural Infrastructure Authority, North Carolina Board for Licensing of Soil Scientists, State Fire and Rescue Commission, State Health Plan for Teachers and State Employees, State Judicial Council, State Water Infrastructure Authority, Supplemental Retirement Board of Trustees, North Carolina Turnpike Authority Board, Well Contractors Certification Commission, Permanency Innovation Initiative Oversight Committee, Museum of Art Board of Directors, North Carolina Mining Commission, and North Carolina Oil and Gas Commission.
Amends the effective dates for appointments in SL 2015-254 to the Clean Water Management Trust Fund Board of Trustees, appointment effective on July 1, 2015 (was, August 1, 2015), for a term expiring July 1, 2018 (was, July 31, 2017), and to the North Carolina Sheriffs' Education and Training Standards Commission, appointment effective September 1, 2015, for a term expiring August 31, 2018 (was, June 30, 2017).
|Intro. by Apodaca.||UNCODIFIED|
Adjourns the 2015 Regular Session of the General Assembly, sine die, on Saturday, July 2, 2016.
|Intro. by Apodaca.||JOINT RES|
Senate committee amendment makes the following changes to the 1st edition.
Changes the date of adjournment from Saturday, July 2, 2016, to Friday, July 1, 2016.
|Intro. by Apodaca.||JOINT RES|
The Daily Bulletin: 2016-06-30
AN ACT TO MAKE CHANGES TO THE LAW GOVERNING RED LIGHT CAMERAS IN THE CITY OF GREENVILLE. Enacted June 30, 2016. Section 3 is effective October 1, 2016. The remainder is effective July 1, 2016.
|Intro. by Murphy, S. Martin, Farmer-Butterfield.||Pitt|
The Daily Bulletin: 2016-06-30
House amendment makes the following changes to the 3rd edition.
Amends Section 12 of the Columbia Town Charter, SL 1941-423, by changing the dates of the election for mayor from the first Tuesday in November to the first Tuesday after the first Monday in November, and for the board of aldermen from the first Tuesday in November to the first Tuesday after the first Monday in November in odd-numbered years.
House amendment makes the following changes to the 3rd edition.
Makes organizational changes to GS 105-538 by no longer dividing the statute into subsections.
|Intro. by Tillman.||Moore|
AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE VILLAGE OF MARVIN AND THE CITY OF ASHEBORO. Enacted June 30, 2016. Effective June 30, 2016.
AN ACT REMOVING CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF BAKERSVILLE AND FROM THE CORPORATE LIMITS OF THE TOWN OF CLYDE. Enacted June 30, 2016. Effective June 30, 2016.
Actions on Bills: 2016-06-30
H 287: AMEND INSURANCE LAWS.-AB
H 805: MEASURABILITY ASSESSMENTS.
H 1030: 2016 APPROPRIATIONS ACT.
H 1033: ID CARD FEE WAIVER/DISABILITY.
H 1044: LAW ENFORCEMENT OMNIBUS BILL.
H 1080: ACHIEVEMENT SCHOOL DISTRICT.
S 508: AMEND BAIL BOND LAWS.
S 770: NC FARM ACT OF 2016 (NEW)
S 821: GSC TECHNICAL CORRECTIONS 1.
S 902: SBE CONFIRMATION.
S 903: ADJOURN.
Actions on Bills: 2016-06-30
S 848: CARY CHARTER AMENDMENTS.
S 874: SANFORD/HARNETT OT.
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