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.

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.

Senate committee substitute makes the following changes to the 2nd edition.

Changes the long and short titles.

Section 1

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.

Section 2

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).

Section 3

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.

Section 4

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.

Section 5

Except as otherwise provided, effective October 1, 2016.

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. 

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.

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.