House amendment makes the following changes to the 1st edition.

Revises the proposed language in GS 143C-4-2(b) to provide that, in each fiscal year, funds reserved to the Savings Reserve must be available for expenditure upon appropriation by a majority vote of the Senate and House of Representatives present and voting in an aggregate amount that cannot exceed 7.5% of the prior fiscal year’s General Fund operating budget appropriations, excluding departmental receipts (previously, did not expressly exclude departmental receipts). Makes conforming changes to proposed subsections (b1) and (e).

Further revises the proposed language in subsection (b) to allow the general use of the funds in the Savings Reserve under subsection (b) to cover the difference between that fiscal year’s General Fund operating budget appropriations, excluding departmental receipts and projected revenue (previously base budget needs and projected revenue).

Revises proposed subsection (d) to clarify that the transfer of 15% of each fiscal year's estimated growth in State tax revenues means those State tax revenues deposited in the General Fund. Makes conforming changes to proposed subdivision (6) of GS 143C-3-5(b).

Adds a new subsection to require the Office of State Controller to transfer to the Savings Reserve the estimated growth amount required by proposed subsection (d). Provides that upon calculation of the actual growth in State tax revenues deposited in the General Fund, the Office of the State Controller must adjust the amount of the transfer to the Savings Reserve to achieve an amount equivalent to 15% of the actual growth. Reletters proposed subsection (e) and (f). Makes technical changes.

Adds a new subsection to clarify that nothing in the statute is to be construed to apply to the Highway Fund or the Highway Trust Fund. Also clarifies that nothing in the statute prohibits the General Assembly from directing the transfer of additional funds (was, from depositing additional funds) into the Savings Reserve.

Adds new subsection to GS 142-15.4, concerning savings from refinancing of general obligation bonds to be placed in the Savings Reserve, to establish that the statute does not apply to general obligation bond indebtedness of the State serviced by the Highway Fund or Highway Trust Fund or other transportation related debt financing arrangements.

Adds new subsection to GS 142-96, concerning savings from refinancing of special indebtedness to be placed in the Savings Reserve, to establish that the statute does not apply to special indebtedness of the State serviced by the Highway Fund or Highway Trust Fund or other transportation related debt financing arrangements.

Directs the Office of State Budget and Management and the Fiscal Research Division to commence development of the methodology for arriving at the consensus estimate required in GS 143C-4-2(e).

Makes technical changes.

Removes the effective date of July 1, 2017, for the proposed revisions to GS 142-15.4 and GS 142-96 to instead makes those changes effective on October 1, 2017. 

House committee substitute makes the following changes to the 1st edition.

Adds that the North Carolina Board of Physical Therapy Examiners must report to the Revisor of Statutes when the Physical Therapy Licensure Compact (enacted by this act) has been enacted by the tenth member state.

Identical to S 3, filed 1/25/17.

Part I: DOT Changes

Adds a new subsection to GS 136-19, which includes provisions concerning the acquisition of land and deposits of materials, condemnation proceedings, and federal parkways, to provide for the disposal of remainder property acquired in connection with acquisition of right-of-way by the Department of Transportation (DOT). Provides 11 parameters that govern the disposal of remainder properties acquired in connection with acquisition of right-of-way, including that the sale of all residues will be by public sale, except as otherwise specified in the new subsection. Sets out provisions dictating the form of sale, advertising requirements, and situations warranting sale by negotiation rather than by public sale. States that all sales of surplus lands require the approval of the Board of Transportation. Grants authority to the DOT to adopt, amend, or repeal rules to implement the new subsection.

GS 136-28.4 makes it state policy to encourage and promote the use of disadvantaged minority-owned and women-owned businesses in transportation contracts led by the DOT for the planning, design, preconstruction, alteration, or maintenance of state transportation infrastructure and in the procurement of materials for these projects. Currently, the sunset provision for GS 136-28.4 is August 31, 2017. The act extends the sunset provision for the program to August 31, 2019.

Repeals GS 143-215.107C(d), which required the DOT to annually report to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission on the development and implementation of a plan to reduce vehicle miles traveled by state employees and vehicle emissions resulting from job-related travel by State employees. Repeals GS 143-215.107C(e), which required the DOT to annually report to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission the plan to reduce vehicle miles traveled by private-sector employees and vehicle emissions from job-related travel.

Part II: DMV Changes

Amends GS 20-4.01, which holds the definitions for terms used throughout GS Chapter 20 (Motor Vehicles), to clarify the definitions of fuel cell electric vehicle and plug-in electric vehicle, as the terms are used in the Chapter, to provide that they are four-wheeled motor vehicles that do not have the ability to be propelled by a gasoline engine, and meet the existing specified requirements. Previously, the definitions for a fuel cell electric vehicle and plug-in vehicle did not clarify that the vehicle must lack the ability to be propelled by a gasoline engine.

Amends GS 20-17.1, concerning the revocation of driver's licenses for those who are mentally incompetent, alcoholics, and habitual users of narcotic drugs. Provides that, upon receipt of notice that any person has been legally adjudicated incompetent or has been involuntarily committed to an institution for the treatment of an alcohol or substance abuse disorder (previously, for the treatment of alcoholism or drug addiction), the Commissioner of Motor Vehicles (Commissioner) must conduct a factual inquiry to determine whether the person is competent to operate a motor vehicle. Current law provides that the Commissioner must consider the clerk of court’s recommendation regarding whether the incompetent person should be allowed to retain his or her driving privilege if the person has been adjudicated incompetent under GS Chapter 35A (Incompetency and Guardianship). This act replaces that language, and instead requires the Division of Motor Vehicles (DMV) to immediately revoke a person’s driving privilege when a clerk of court recommends that any person’s driving privilege be revoked in any incompetency adjudication order under GS Chapter 35A. Additionally, if the clerk of court recommends that the person retain their driving privilege or makes no recommendation in any incompetency adjudication order under GS Chapter 35A, the DMV must determine whether the person can retain his or her driving privilege, based upon a factual inquiry. Current law allows a person who has had their license revoked under this provision to request a hearing in writing, retain his or her license until after the hearing, and, if the revocation is sustained, pursue a right to review by the review board upon written request filed with the DMV under GS 20-9(g)(4) within 10 days of the notice of revocation. This act removes the right to request a hearing after revocation, and instead allows any person whose driving privilege is revoked under the provision to have a right to a review by the review board upon written request filed with the DMV under GS 20-9(g)(4) within 10 days of the notice of revocation. Makes language gender-neutral. Effective February 1, 2018, and applies to adjudications on or after that date.

Amends GS 20-16.5 (Immediate civil license revocation for certain persons charged with implied-consent offenses), GS 20-49 (Police authority of Division), GS 20-49.1 (Supplemental police authority of Division officers and agents), GS 20-53 (Application for specially constructed, reconstructed, or foreign vehicle), and GS 20-108 (Vehicles or component parts of vehicles without manufacturer’s numbers) to replace all references to DMV license and theft inspectors to instead refer to them as DMV license and theft agents. Additionally, makes language gender-neutral. Amends GS 20-49.1 to expand the existing supplemental police authority granted to DMV officers to DMV agents. Amends GS 20-108 to expand the existing authority granted to DMV officers to DMV agents to take into custody a motor vehicle or a component part if its engine number, vehicle identification number, or manufacturer’s serial number has been altered, changed, or obliterated if the officer has probable cause to believe the person has violated subsection (a) (concerning buying, selling, or possessing stolen vehicles or parts without manufacturer’s numbers for concealing or misrepresenting its identity).

Amends GS 20-50(b), which authorizes the DMV to issue a temporary license plate for a vehicle, to bar the DMV from issuing more than two 10-day temporary license plates to a person for a particular vehicle during an annual registration period, except for a vehicle that is model year 1980 or older and is being transported directly to or from a vehicle show or exhibition. Effective January 1, 2018, and applies to applications received on or after that date.

Amends GS 20-57(b), which sets out the requirements of a vehicle registration card, by removing the requirement that there be a space for the owner’s signature on the registration card.

Currently, GS 20-288(a1) requires used motor vehicle dealers to submit proof of completion of a course approved by the DMV with their application for a license, which requires a 12-hour licensing course, or renewal of their license, which requires a six-hour course. Current law excepts from this course requirement persons age 62 or older as of July 1, 2002, who are seeking a renewal license. This act eliminates this exception, and instead excepts from the course requirement any person who is seeking a renewal license who is age 60 or older, and who has been licensed for at least 10 consecutive years beginning on or after the person’s 50th birthday. Effective January 1, 2018, and applies to renewals on or after that date.

Amends GS 20-7(f)(1) by extending the duration of a provisional license issued to a person under age 18, to the sixtieth day following the person's 21st birthday (was, expires on the person's 21st birthday). Amends GS 20-7(f)(6), which authorizes remote renewal of a driver's license issued by the DMV. Expands the existing requirements and waiver of requirements in GS 20-7(f)(6) to include the remote conversion of a full provisional license. Defines remote renewal or conversion as the renewal or conversion of a driver's license or full provisional license by mail, telephone, electronic device, or other secure means approved by the Commissioner. Makes the following changes to the requirements to be eligible for remote renewal and conversion. Requires the license holder to (1) possess a valid Class C drivers license or (2) posses a valid full provisional license and be at least 18 years old at the time of the remove conversion request (previously, required the license holder to possess a valid, unexpired Class C driver's license that was issued when the person was at least 18 years old). Allows the license holder to comply with the address verification requirement by providing the address where the license holder resides at the time of the remote renewal or conversion request (previously, required to verify holder is a state resident and currently resides at the address on the license, with no option to provide a new current address to comply with the requirement). Limits the requirement that the most recent renewal was an in-person renewal and not a remote renewal to only remote renewals, not remote conversions. Effective March 1, 2018.

Amends GS 20-79.1(d)(3), concerning temporary registration plates or markers by purchasers of motor vehicles, to expand the time limit under which a dealer must deliver the application and fees for a temporary registration plate or marker to the DMV or local license agency for processing from 10 working days to 20 working days. Applies to sales made on or after when the act becomes effective.

Amends GS 20-37.7, which contains the provisions for special identification cards. Deletes the provisions in subsection (d) relating to the expiration of special identification cards and instead provides that a special identification card must be issued and renewed pursuant to the new provisions of subsection (d), which provide: (1) for persons under age 18, a special identification card expires on the birthday of the holder in the fifth year after issuance; (2) for persons age 18 or older, a special identification card expires on the birthday of the holder in the eighth year after issuance; (3) for persons holding valid documentation issued by or under authority of the United States that demonstrates the person’s legal presence of limited duration, a special identification card expires no later than the expiration of the authorization of the person’s legal presence in the United States; and (4) for renewal, a person must apply to the DMV to renew a special identification card during the 180-day period before the card expires. Moves the existing fee language with its seven exceptions in current subsection (d) to subsection (d1), and makes the fee applicable to new or renewed special identification cards. Creates a new subsection (d2), effective December 1, 2017, to provide for remote renewal of special identification cards issued by the DMV, which tracks the provisions relating to the requirements of the remote renewal of a driver's license in GS 20-7(f)(6), as amended by this act. Moves existing language in subsection (d1) to new subsection (d3) relating to the requirement of the DMV to adopt rules allowing for application for or renewal of special identification cards by means other than personal appearance for a person who has a severe disability causing the person to be homebound. Creates new subsection (d4) that requires the DMV to issue a temporary identification certificate valid for 60 days that is only valid for identification purposes for conducting business with the DMV and not prohibited by federal law. Requires the DMV to send the special identification card by first-class mail or post office box, as specified. Effective December 1, 2017, and applies to initial applications and renewals on or after that date. Makes conforming changes to statutory references to GS 20-37.7 and its specific subsections in GS 20-9.2 and GS 163-275, effective December 1, 2017.

Amends GS 20-49.1 to expand the list of situations where the Commissioner and the officers and inspectors of the DMV whom the Commissioner designates have the authority to enforce criminal laws. Adds that, when the Commissioner, its officers, or inspectors are responding to an emergency situation that is occurring in their immediate vicinity and that would likely result in bodily harm or loss of property without immediate intervention, the Commissioner, the officers, and the inspectors of the DMV have the authority to enforce criminal laws.

Repeals GS 20-37.01 and GS 20-37.02(e), which established the Drivers License Technology Fund and authorized sources of funding for the Fund.

Makes a technical correction to GS 58-37-1(6), which defines motor vehicle as it is used in Article 37 (North Carolina Motor Vehicle Reinsurance Facility) of GS Chapter 58.

Part III: Effective Date

Except as otherwise provided, this act is effective July 1, 2017. 

Adopts the permanent rules of the House of Representatives, which are the same as the temporary rules adopted in H1, with the following changes.

Amends Rule 2 to require the Sergeant-at-Arms to clear the House 10 minutes (was, five) before the convening hour. 

Amends Rule 4 to require the Speaker to call for the Journal report immediately following the Pledge of Allegiance (was, the opening prayer) and upon appearance of a quorum.

Makes technical changes in Rule 5.

Amends Rule 10 by removing language prohibiting a member from speaking more than twice on an appeal.

Amends Rule 14 by adding that no motion to divide the question, being decided, is allowed again at the same stage of the bill or proposition.

Adds new Rule 15.1, which specifies that a motion to adjourn or stand in recess subject to the standard stipulations constitutes a motion to adjourn or stand in recess subject to the ratification of bills, messages from the Senate, committee reports, conference reports, referral and re‑referral of bills and resolutions, appointment of conferees, introduction of bills and resolutions, committee appointments, and the reading of Representative Statements.

Amends Rule 19 by deleting the language specifying phrasing for the previous question.

Amends Rule 24.1B by adding that if a bill is subject to division into separate parts so that each part states a separate and distinct proposition capable of standing alone, a member may move that the question be divided. Requires the motion to be in writing, be submitted to the Principal Clerk at the time the motion is made, and clearly state how the question is to be divided. Requires the Speaker to determine whether the bill admits of such a division. Requires the motion to be adopted upon a majority vote of the members present and voting, and prohibits further amendment or debate on any of the distinct propositions. Provides that if the question is divided and any part thereof fails, then the bill must be removed from the calendar and re‑referred to the committee from which the bill was reported. If all parts of the divided question pass, the Speaker must announce that the entire measure has passed second or third reading. Makes conforming changes.

Amends Rule 26 by deleting the provision prohibiting the Speaker from appointing new committee members after April 15 of any odd-numbered year, except to fill vacancies, and the provision concerning appointments to select committees established after March 1 of an odd-numbered year or during an even-numbered year.

Amends Rule 27 by expanding the list of standing committees to add Health Care Reform and University Board of Governors Nominating.

Amends Rule 31.1 as follows. Changes the deadline for submitting public bills that are not required to be re-referred to the Appropriations or Finance Committees under Rule 38 and all joint and House resolutions to the Bill Drafting Division to March 23 (was, March 30) and changes in deadline for introduction of those bills to April 11 (was, April 12). Changes the deadline for introducing public bills that are required to be re-referred to the Appropriations or Finance Committees to April 25 (was, April 19).

Deletes the provision which prohibited public House bills, other than the Current Operation Appropriations Act or the Capital Improvement Appropriations Act, from containing more than one subject, except by motion approved by a majority of House members present and voting. 

Amends Rule 38 by removing the provision that provided that if any standing committee recommends adoption of an amendment or committee substitute of a bill which, under the House rules must be referred to the Standing Committees on Appropriations or the Standing Committee on Finance, the amendment or committee substitute must be considered and, if adopted, the amendment or substitute engrossed before the bill is re‑referred.

Renumbers Rule 39.2 and Rule 39.1.

Amends Rule 43.1 by no longer exempting bills making appropriations from the requirement that bills and resolutions originating in the House that have been amended be engrossed before being sent to the Senate.

Amends Rule 48 so that the selection and retention of legislative assistants (was, legislative assistants, committee assistants, and office assistants) is the sole prerogative of the individual member or members. Makes conforming changes. Requires such staff to file initial employment applications with the Director of Legislative Assistants (was, with the Principal Clerk). Amends the period of employment so that it now must comply with the period as established by the Legislative Services Commission unless employment for an extended period is approved by the Speaker. Adds that the Director of House Legislative Assistants must be appointed by the Speaker.

Deletes the previous language of Rule 49, concerning the compensation of legislative assistants, and replaces it with the following. Prohibits any person employed, serving, or appointed under Rules 46 (assistants to Principal Clerk and Sergeant-at-Arms), 47 (Speaker's staff, Chaplain, and pages), and 48 (Member's staff) from receiving during such employment, appointment, or service any compensation from any department of the State government, and there shall not be voted, paid, or awarded any additional pay, bonus, or gratuity to any of them; but they shall receive only the pay now provided by law for such duties and services.

Amends Rule 50 by adding that except when a committee is meeting on the floor of the House, a person who is not authorized to be admitted to the floor under Rule 50 is not allowed to enter the chamber until at least five minutes after adjournment or recess of the House.

Amends Rule 54 to require members and officers of the House to request leaves from the service of the House with the Principal Clerk (was, no member or officer shall be absent from the service of the House without leave, unless from sickness, pregnancy, military service, or disability).

Makes a technical correction to Rule 59 by correcting a cross reference to another rule.

Amends Rule 61.2, concerning the convening of and assigning seats in the new House, to require the Principal Clerk of the previous House to convene the House at 12:00 pm (was, 9:00 am) on the date established by law for the convening of each regular session.

Adds new Article 29E, Student Safety in Athletics, in GS Chapter 115C. Defines athletic activity, catastrophic illness or injury, concussion, heat exhaustion, heat stroke, and sudden cardiac arrest as those terms are used in new Article 29E.

Requires the State Board of Education (Board) to develop guidelines and educational material for use by local boards of education to inform student athletes and their parents and coaches about the awareness, recognition, and management of cardiac arrest. Allows these guidelines and materials to be provided through a directory of relevant websites. Requires the Board to publish a list of approved providers of CPR instruction training courses to be offered to coaches of athletic activities. Directs each local school administrative unit to require the head coach or the athletic director for each athletic activity to complete and maintain CPR certification offered by a provider approved by the Board. Prohibits a coach from being eligible to coach an athletic activity until the coach completes the training course. Encourages other sponsors of youth athletic activities to adopt guidelines to address sudden cardiac arrest for students participating in athletics that are consistent with this statute. 

Requires the Board to adopt guidelines and educational material for use by local boards of education to inform student athletes and their parents and coaches about heat-related illnesses and the risks associated with continuing play or practice after showing signs of heat-related illness. Allows these guidelines and materials to be provided through a directory of relevant websites. Requires local boards of education to adopt heat stroke prevention protocols. Requires students showing symptoms of heat exhaustion or heat stroke to be removed from participation and prohibits returning until the student is cleared to return by either (1) the student's parent or legal guardian or (2) a licensed healthcare professional or other official designated in the emergency action plan. Encourages other sponsors of youth athletic activities to adopt guidelines to address heat-related illness for students participating in athletics that are consistent with this statute.

Requires the Board to adopt rules governing interscholastic athletic activities with regard to concussion safety for athletes in middle and high school that includes the specified provisions, including requiring the students showing symptoms of a concussion to be removed from the activity and not be allowed to return until the student receives written clearance from one of the listed professionals or the student's parent or legal guardian.

Requires the student's parents or guardian, prior to participation by a student in an athletic activity, to sign an acknowledgment each school year of receipt and review of (1) a sudden cardiac arrest awareness information sheet developed in accordance with GS 115C-407.41, (2) a heat-related awareness information sheet developed in accordance with GS 115C-407.42, and (3) a concussion awareness sheet developed in accordance with GS 115C-407.43. Requires that each school year, prior to participation by a student in an athletic activity, the student must complete a pre-participation athletic activity form that includes questions related to cardiac health history developed in accordance with materials provided by the Board under GS 115C-407.41. Allows a school to hold an informational meeting prior to the start of each athletic season for all ages of competitors regarding student safety in athletics, and encourages schools to have physicians, pediatric cardiologists, and athletic trainers to attend the meeting to provide information to students, parents, coaches, and other school employees.

Requires the local board of education to require middle and high schools to develop venue-specific emergency action plans to deal with serious injuries and acute medical conditions in which the patient's condition may deteriorate rapidly. Sets out requirements for the plan. 

Directs the Board to create a database maintained by the Department of Public Instruction (DPI) for high school and middle school personnel to report catastrophic illnesses and injuries and concussions occurring during athletic activities involving student athletes. Directs the Board to assign a school code for each middle and high school for these reporting purposes. Specifies the minimum information that must be included in a report by high school and middle school personnel. Requires monthly reporting by the athletic director or designee or the principal to DPI when student athletes are participating in an athletic activity on whether a catastrophic illness or injury or concussion has occurred involving a student athlete. Limits the entities to which DPI may provide access to the information contained in the database. Prohibits the database from containing personally identifiable student data as defined in GS 115C-402.5. Establishes that the information in the database in not public record. Provides that these reporting requirements apply to injuries and illnesses that occur on or after January 1, 2018.

Creates limited civil liability immunity for a local board of education, volunteers, the Board, and DPI in carrying out the provisions of new Article 29E.

Makes conforming changes to GS 115C-12.

Applies beginning with the 2017-18 school year.

Amends GS 20-79.4(b) as title indicates. Establishes there there is no special plate fee. Authorizes the Revisor of Statutes to alphabetize, number, and renumber the special registration plates listed in the statute to ensure that they are in alphabetical order and numbered accordingly. Effective July 1, 2017.