Amends GS 15A-903, concerning disclosure of evidence by the State to defense counsel, to allow the State to give written notice of discovery (1) designating certain items of discovery that are not to be used by the defendant or the defendant's attorney for any other purpose than in direct relationship to the case and (2) prohibiting further disclosure of these items. Requires the State to include in the notice the grounds for its view of why limited disclosure of the designated discovery is necessary for the protection of witnesses, victims, or officers. Mandates that all designated items of discovery are to remain in the custody and control of defense counsel upon receipt of this notice. Clarifies that defense counsel can allow the defendant to view those items designated in the notice and can discuss those items with the defendant, but defense counsel cannot allow the defendant to possess or control any designated discovery items or any copies thereof. Allows defense counsel to file a motion with superior court for relief from the State's notice as the interests of justice require. Provides that in a case where the defendant is pro se, the State can move for a protective order restricting disclosure by the defendant of specified items of discovery. Similarly, requires the State to provide in its motion the grounds for its view that limited disclosure of the designated discovery items is necessary for the protection of witnesses, victims, or officers. Makes conforming changes. Effective December 1, 2017, and applies to offenses committed on or after that date.
The Daily Bulletin: 2017-02-16
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The Daily Bulletin: 2017-02-16
| Intro. by Stevens, McNeill, Destin Hall. | GS 15A |
Enacts a new subsection under GS 14-27.33, which sets out the offense of sexual battery. Directs the sentencing court to consider whether the person who is convicted of violating the statute is a danger to the community and whether requiring the person to register as a sex offender pursuant to Article 27A of GS Chapter 14 (Sex Offender and Public Protection Registration Programs) would further the purposes of that Article. Existing GS 14-208.5 states that the purpose of Article 27A is to assist law enforcement agencies’ efforts to protect communities by requiring persons who are convicted of sex offenses or of certain other offenses committed against minors to register with law enforcement agencies, to require the exchange of relevant information about those offenders among law enforcement agencies, and to authorize the access to necessary and relevant information about those offenders to others as provided in Article 27A.
Requires the State to provide all appropriate and competent evidence of the person’s danger to the community to the sentencing court. Provides that evidence to be considered can include age, criminal record, relationship to the victim, and a risk assessment conducted by the Division of Adult Correction. Requires the sentencing court to enter an order requiring the person to register as a sex offender pursuant to Article 27A if the court finds that the person is a danger to the community and that the person must register.
Amends the definition of reportable conviction in GS 14-208.6(4) to establish the term to also mean a final conviction for violation of GS 14-27.33 (sexual battery), only if the court sentencing the individual issues an order pursuant to GS 14-27.33(c) requiring the individual to register.
Amends GS 14-202(l), which provides that the sentencing court must consider whether a person who has violated provisions relating to peeping into a room occupied by another person should be required to register as a sex offender pursuant to Article 27. Requires the State to provide at sentencing appropriate and competent evidence of the person's danger to the community who violated these provisions. Provides that evidence to be considered can include age, criminal record, relationship to the victim, and a risk assessment conducted by the Division of Adult Correction.
Makes conforming change to GS 14-208.6(5) to remove violations of GS 14-27.33 (sexual battery) from the definition of sexually violent offense, as the term is used in Article 27A.
Amends GS 50-13.1 to require any person instituting an action or proceeding ex parte for custody of a child who has been convicted of an offense under GS 14-27.33 and ordered to register under Article 27A of GS Chapter 14 to disclose the conviction in the pleadings.
Effective December 1, 2017, and applies to offenses committed on or after that date.
Requests that the North Carolina Courts Commission (Commission) study the organization of the superior and district courts, and prosecutorial and public defender districts, and the desirability of making changes to that organization. Specifies issues that are to be considered. Requests a final report prior to the convening of the 2021 Regular Session of the General Assembly.
| Intro. by Stevens, Duane Hall, Destin Hall, Rogers. | STUDY |
Amends GS 14-27.21, as the title indicates. Applies to offenses committed on or after December 1, 2017.
| Intro. by Rogers, Duane Hall, Jackson, Destin Hall. | GS 14 |
Directs the Administrative Office of the Courts (AOC) to develop a Code of Conduct for all magistrates, the purpose of which is to create uniformity among all districts. Requires the Code of Conduct to provide guidance to magistrates regarding: (1) standards of professional conduct and timeliness, (2) required duties and responsibilities, (3) methods for ethical decision making, and (4) any other information deemed relevant by the AOC. Directs the AOC to establish the Code of Conduct for Magistrates by July 1, 2018.
Amends GS 7A-146, which sets out the administrative authority and duties of chief district court judges, as follows. Makes it the duty of the chief district court judge to designate a full-time magistrate in each county to serve as chief magistrate for that county, and eliminates the provision limiting appointment of a chief magistrate only if the chief district court judge determines it would be in the interest of justice. Makes conforming changes. Allows magistrates to be assigned to temporary duty in another county, which was previously only authorized during an emergency. Creates a new responsibility of chief district court judges to investigate complaints against magistrates. Authorizes a chief district court judge, upon investigation and written findings of misconduct, to issue a letter of caution, a written reprimand, or suspend a magistrate without pay for no longer than 10 days within one pay period.
Makes clarifying changes to GS 7A-173, which contains provisions regarding the suspension, removal and reinstatement of magistrates, by removing the "suspension" language throughout the statute and replacing that language with "suspension pending removal." Creates a new subsection to limit the application of the statute to suspensions pending removal from office, and clarifies that the statute does not apply to disciplinary suspension pursuant to GS 7A-146, as amended by this act. Additionally, makes the language throughout the statute gender-neutral. Effective December 1, 2017, and applies to all current and future magistrates.
Amends GS 7A-171, which provides for the appointment and terms of magistrates. Establishes that the magistrate’s term of office begins on the first day of February (previously, January) of the even-numbered year (previously, of the odd-numbered year) after appointment. Makes conforming changes. Effective December 1, 2017, and applies to all magistrates appointed to office in January of 2018. Provides that currently appointed magistrates will finish their term as set at their appointment.
| Intro. by Rogers, Duane Hall, Destin Hall, John. | GS 7A |
Enacts GS 15A-300.3 to prohibit any person, entity, or State agency from using an unmanned aircraft system within a horizontal distance of 500 feet or a vertical distance of 250 feet from any local confinement facility or State or federal correctional facility. Excepts from this prohibition (1) any person who has obtained written consent from the official in responsible charge of the facility so long as use of the unmanned aircraft system is not otherwise prohibited under State or federal law and (2) a law enforcement officer using an unmanned aircraft system in accordance with GS 15A-300.1(c).
Makes it a Class H felony with a fine of $1,500 for a person who uses an unmanned aircraft system in violation of this prohibition for the purpose of delivering a weapon, as defined in GS 14-401.24, to a local confinement facility or State or federal correctional facility. Makes it a Class I felony with a fine of $1,000 for a person who uses an unmanned aircraft system in violation of this prohibition for the purpose of delivering contraband, including controlled substances (as defined in GS 90-87), cigarettes, alcohol, and communication devices, to a local confinement facility or State or federal correctional facility. Makes it a Class 1 misdemeanor with fine of $500 for a person who uses an unmanned aircraft in violation of this prohibition for any other purpose.
Authorizes the law enforcement agency investigating any violation of this prohibition to confiscate the unmanned aircraft system. Requires the confiscating law enforcement agency to keep records of confiscation in accordance with its records retention policy. Requires confiscated systems used in committing convicted violations of subsection (a) to be sent to the Division of Aviation of the Department of Transportation and to become the property of the State. Requires confiscated systems used in an alleged violation of subsection (a) to be released to the owner if the legal proceeding alleging the violation does not result in a conviction. Provides for the release of a confiscated system to an innocent owner upon the final determination of any legal proceeding alleging its use in violation of subsection (a), as specified. Requires the confiscating law enforcement agency to send the unmanned aircraft system to the Division of Aviation where the system will become property of the State if an innocent owner fails to recover the system within 30 days of the date listed on the notice of release.
Effective December 1, 2017, and applies to offenses committed on or after that date.
| Intro. by McNeill, Torbett, Faircloth. | GS 15A |
Appropriates $500,000 in recurring funds from the General Fund to the Department of Justice for the 2017-18 fiscal year, to be allocated to the North Carolina Legal Education Assistance Fund (NC LEAF). Provides that these funds are to be used to assist public interest attorneys with student loan repayment, and are to restore reductions made to NC LEAF in fiscal years 2009-10, 2010-11, and 2011-12.
Effective July 1, 2017.
| Intro. by Destin Hall, Rogers, Duane Hall, John. | APPROP |
Appropriates $4,747,460 in recurring funds for 2017‑18 and 2018‑19 from the General Fund to the Department of Justice for the North Carolina Crime Laboratory to be allocated as follows: (1) $447,460 to be allocated to the base budget to make up for a shortfall in lab receipts; (2) $1.7 million to be allocated to fund currently unfunded mandates; and (3) $2.6 million to be allocated for scientific equipment on a five‑year replacement schedule. Effective July 1, 2017.
| Intro. by Destin Hall, Rogers, Duane Hall, John. | APPROP |
Current law, GS 15A-1413(d), requires the senior resident superior court judge to assign a motion for appropriate relief filed in superior court for review and administrative action, which includes entry of a scheduling order for subsequent events in the case. This act specifies that entry of a scheduling order for subsequent events by the senior resident superior court judge includes disclosure of expert witness information described in GS 15A-903(a)(2) (requiring notice to the defendant by the prosecuting attorney) and GS 15A-905(c)(2) (requiring notice to the State by the defendant) for expert witnesses reasonably expected to be called at a hearing on the motion for appropriate relief.
Amends GS 15A-1420(b1), which sets out the procedure for filing of a motion for appropriate relief. Adds a new subdivision to require the judge assigned to the motion to conduct an initial review to determine if all of the claims in the motion are frivolous. Directs the judge to deny the motion upon initial review if the judge determines that all the claims in the motion are frivolous. Provides that if the motion presents sufficient information to warrant a hearing or the interest of justice so requires, the judge must appoint counsel for an indigent defendant who is not represented by counsel. Directs counsel to review the motion filed by the petitioner and either adopt the motion or file an amended motion. Provides that after post-conviction counsel files an initial or amended motion, or a determination is made that the petitioner is proceeding without counsel, the judge can direct the State to file an answer. Allows the State to file a limited answer alleging that as a matter of law the defendant is not entitled to the relief sought.
Makes technical changes to GS 7A-451, which specifies the actions and proceedings in which an indigent person is entitled to services of counsel under law. Further, provides that an indigent person is entitled to services of counsel in a motion for appropriate relief under GS Chapter 15A if (1) appointment of counsel is authorized by GS Chapter 15A and (2) the defendant has been convicted of a felony, the defendant has been fined $500 or more, or the defendant has been sentenced to a term of imprisonment (previously, the authorization of appointment of counsel under GS Chapter 15A was not required).
Effective December 1, 2017, and applies to motions for appropriate relief filed on or after that date.
Establishes the High Achieving Tuition Scholarship Program (Program) and sets out the Program's purposes, including: encouraging higher performing students at community colleges, creating more educational and career options for students, and developing a more competitive workforce.
Eligible students must: (1) in the academic semester prior to enrolling in a community college, graduate with at least a 3.5 unweighted grade point average from either a public high school located in this state or a nonpublic high school or home school located in this state; (2) present evidence that the student is a US citizen or eligible noncitizen; (3) qualify as a resident of this state for tuition purposes; (4) gain admission as a student at a North Carolina community college in a curriculum program; (5) comply with Selective Service registration requirements; and (6) affirmatively state that the student does not have a felony conviction for a controlled substance offense.
Requires the State Education Assistance Authority (Authority) to annually award High Achieving Tuition Scholarships to all eligible students in an amount not to exceed the cost of 16 credit hours of tuition per fall or spring academic semester for a maximum of four academic semesters. Also requires the Authority to require students to complete a Free Application for Federal Student Aid (FAFSA) to be eligible for a scholarship award and reduce the amount of the scholarship award for any student by the amount of grants or scholarships from other sources the student receives. Requires scholarships to be awarded to eligible students in the order in which they are received. Requires the Authority to award scholarships beginning with the fall semester of the 2018‑19 school year to students graduating from high school in the 2017‑18 school year.
Requires a scholarship to be renewed if the student maintains a 3.0 grade point average, completes a minimum of 30 semester credit hours by the end of the academic year, and makes an affirmative statement that the student does not have a felony conviction for a controlled substance offense.
Requires a scholarship to be revoked for any of the following at the conclusion of the first semester of an academic year: (1) failure to maintain a course load of at least 12 credit hours or (3) default or unpaid refund on a student financial aid program.
Requires the Authority to adopt rules for administering the Program.
Requires community colleges to ensure scholarship recipients are provided counseling and assistance in maintaining the necessary grade point averages and selecting coursework that reflects their educational and career goals, and for students planning to enter a constituent institution of The University of North Carolina, the State Board of Community Colleges is required to ensure that credits earned by participating students are transferable.
Appropriates $50,000 for 2017-18 from the General Fund to the UNC Board of Governors to be allocated to the Authority for administrative costs. Appropriates $2 million from the General Fund to the UNC Board of Governors for 2018-19 for administrative costs and award of scholarships. Allows the Authority to use up to 5% of the appropriate funds for administrative costs. Requires that any unexpended funds for this purpose not revert at the end of each fiscal year, but instead remain available to award scholarships to eligible students.
Requires the UNC Board of Governors to adopt a policy to allow any student admitted to a constituent university who receives a High Achieving Tuition Scholarship to defer admission to the constituent institution for two years, beginning with the 2018‑19 school year. Makes deferred admission contingent upon the successful completion of an associates' degree and remaining in good standing in the Scholarship Program while in community college.
Requires the State Board of Education, for the 2017‑18 school year, to direct local boards of education to survey high school students in their senior year who meet the eligibility requirements of the High Achieving Tuition Scholarship to determine interest in the program. Requires the State Board of Education to report the survey results to the Joint Legislative Education Oversight Committee by December 15, 2017.
Requires the UNC Board of Governors and the State Board of Community Colleges to jointly identify and report to the Joint Legislative Education Oversight Committee by April 1, 2020, on potential issues related to the transition of High Achieving Tuition Scholarship recipients from community college to university enrollment, and other recommendations to improve and expand the Program.
Requires the State Education Assistance Authority to report annually on or before September 1, beginning in 2019, to the Joint Legislative Education Oversight Committee on the implementation of the High Achieving Tuition Scholarship Program. Specifies information that must be included in the report.
Effective July 1, 2017.
| Intro. by Elmore, McNeill, Howard. | APPROP, UNCODIFIED |
Section 1
Subject to voter approval at a statewide election held on the date of the first primary in 2018, amends Section 4 of Article IX of the Constitution to: (1) elect the majority of the membership of the State Board of Education from the same districts used for Congressional elections, (2) make the Superintendent of Public Instruction a voting member of the State Board of Education, (3) eliminate the State Treasurer as a member of the State Board of Education, (4) require the Governor to appoint the chair of the State Board of Education and provide that the chair votes only in the event of a tie, (5) eliminate the requirement that the General Assembly confirm appointments to the State Board of Education by the Governor, and (6) reduce the term of office for elected and appointed members to four years. Provides that: the amendment, as set out in Section 1.1 of this act, becomes effective January 1, 2021; elected members of the State Board of Education are to be elected from Congressional districts at the general election held in 2020; and the terms of all appointed members of the State Board of Education serving on March 31, 2021, expire on that date.
Section 2
Subject to voter approval of the Constitutional amendment in Section 1 of this act, makes conforming changes to GS 115C-10, concerning the composition and election of the State Board of Education (Board). Adds further provisions for the election of Board members. Establishes that members elected from odd-numbered Congressional districts are to be elected in 2020 and every four years thereafter for a four-year term beginning on April 1 of the following year. Establishes that members elected from even-numbered Congressional districts are to be elected in 2020 for a two-year term beginning April 1 of the following year, and are to be elected in 2022 and every four years thereafter for a four-year term beginning on April 1 of the following year. Provides for vacancies to be filled as provided in GS Chapter 163. Makes conforming changes to GS 115C-11(a), concerning the organization of the Board. Effective April 1, 2021, and applies to elections conducted on or after that date.
Section 3
Subject to voter approval of the Constitutional amendment in Section 1 of this act, makes conforming changes to GS 163-1 to set the election for Board members to occur at the regular election for members of the General Assembly immediately preceding the termination of each regular term, with terms of office being four years from the first day of April next after election.
Provides that members elected in 2020 from even-numbered Congressional districts are to serve for a two-year term beginning April 1 of the following year.
Enacts GS 163-14 to provide for filling vacancies in the State Board of Education. Establishes that when a vacancy occurs by death, resignation, or otherwise than by expiration of term, the Governor is to immediately appoint the person recommended by the political party executive committee provided by this statute to serve until the vacating member's successor is elected and qualified. Requires each vacancy to be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen is to serve for the remainder of the unexpired four-year term; but if the term expires on the first day of April succeeding the next election for members of the General Assembly, the Governor is to appoint to fill the vacancy for the unexpired term of office. Directs the Governor to make the appointment within seven days of receiving the recommendation of the committee. Provides that if the Governor fails to make the appointment within the required period, the Governor is presumed to have made the appointment, and directs the Board to seat the appointee as a member in good standing. Sets forth provisions for Congressional political party executive committees to recommend person to fill the vacancy. Clarifies that the Congressional district committee of the political party in which the vacating member was affiliated when elected recommends the person to fill the vacancy on the Board to the Governor. Provides that no person is eligible for appointment to fill a vacancy on the Board under this statute unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment, as required by Section 8 of Article VI of the Constitution.
Makes conforming changes to GS 163-106(c) to add members of the State Board of Education to the requirements for filing notice of candidacy.
Amends GS 163-107(a) to set the filing fee for members of the Board at 1% of the prior year average annual per diem of the office sought. Makes language gender neutral.
Amends GS 103-107.1(c) to allow petitions for candidates for member of the State Board of Education to be filed, as specified, in lieu of paying the filing fee.
Adds candidates for member of the State Board of Education to those who can request a second primary in accordance with GS 163-111(c)(1). Makes technical changes.
Amends GS 163-114 to provide for the filling of vacancies for party nominees for members of the State Board of Education occurring after nomination and before election.
Effective January 1, 2020, and applies to elections conducted on or after that date.
Amends GS 14-404(e1) to remove the requirement that a signed release form for any court orders concerning the mental health or capacity of the applicant be provided with an application for a pistol purchase permit. Adds new subsection (e2) to authorize the sheriff, in the sheriff's discretion, to request disclosure of any court orders concerning mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified to receive a permit pursuant to this statute. Also removes language that limited the documentation and evidence required from an applicant to those expressly specified in subsection (e1). Makes conforming changes to eliminate subsection (i).
Amends GS 122C-54 by eliminating subsection (d2), which made records of involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment required to be reported to the NICS accessible to the sheriff for purposes of conducting a background check under GS 14-404. Creates new subsection (d3) to provide that, when a sheriff notifies the potential holder of a mental health order in writing that a particular individual has completed an application for a pistol purchase permit, the holder of any court orders that concern the mental health or mental capacity of the applicant must release to the sheriff of the county any and all mental health orders concerning that applicant upon request.
Effective August 1, 2017, and applies to applications for pistol purchases pending or submitted on or after that date.
Repeals GS 115C-81, GS 115C-81.1, GS 115C-81.3, and GS 115C-81.4, all concerning the Basic Education Program for North Carolina's public schools, and recodifies them in the following new statutes, GS 115C-81.5 (Standard Course of Study), GS 115C-81.10 (Career and Technical Education), GS 115C-81.15 (Conflict Resolution and Mediation Models), GS 115C-81.20 (Alcohol and Drug Use Prevention Education), GS 115C-81.25 (Health Education), GS 115C-81.30 (Reproductive Health and Safety Education Provided by Local School Administrative Units), GS 115C-81.35 (Honors-Level Courses in Healthful Living Education), GS 115C-81.40 (North Carolina History and Geography), GS 115C-81.45 (Classes Conducted in English; Citizenship; and Civic Literacy), GS 115C-81.50 (Student Councils), GS 115C-81.55 (Current Events), GS 115C-81.60 (Character Education), GS 115C-81.65 (Financial Literacy), GS 115C-81.70 (Disability History and Awareness), GS 115C-81.75 (Cursive Writing), GS 115C-81.80 (Multiplication Tables), and GS 115C-81.85 (Instruction in American Sign Language). Also recodifies portions of the repealed statutes into the existing GS 115C-47, concerning the powers and duties of local boards of education. Makes technical, organizational, and clarifying changes to the recodified statutes. Deletes any occurrence and focus on the "Basic Education Plan" in favor of a "Standard Course of Study." Makes conforming changes regarding the change. Deletes and does not recodify language found in GS 115C-81(a) concerning funding of the Basic Education Program as well as language found in GS 115C-81(b) concerning course requirements and content of the Basic Education Program. Repeals GS 115C-12(9)c and GS 115C-47(12), both concerning the duties and authority of the State Board of Education and local boards to implement the Basic Education Program. Also repeals GS 120-70-81(a)(2), which authorized the Joint Legislative Education Oversight Committee to examine the Basic Education Plan. Enacts new GS 115C-12(9d) clarifying and organizing the NC Board of Education's authority to develop exit standards and graduation requirements. Makes further conforming changes to GS 115C-174.11(a), making language consistent with the change to a "standard course of study," and GS 115C-105.32 and GS 115C-174.11(c)(4), making reference to new GS 115C-81.15 in the place of GS 115C-81(a4).
The Daily Bulletin: 2017-02-16
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 93B-15.1(a), concerning the conditions a military-trained applicant must satisfy for occupational licensure in this State, to require that the applicant have no pending complaints in any jurisdiction for an act that would constitute grounds for refusal, suspension, or revocation of a license to practice that occupation in this State.
Amends GS 93B-15.1(b), concerning the conditions a military spouse must satisfy for occupational licensure in this State, to require that the military spouse have no pending complaints at the agency that had jurisdiction to issue the license, certification, or permit held by the military spouse.
No longer deletes the existing qualifications for issuing a temporary permit which require the license, certification, or registration standards from another jurisdiction to have substantially equivalent standards of an occupational licensing board in the State for an occupational licensing board to issue a temporary practice permit to a military-trained applicant or a military spouse licensed, certified or registered in another jurisdiction while that applicant or spouse is satisfying the requirements for licensure under this statute.
Adds that nothing in this statute prohibits a third party from charging actual costs to a military-trained applicant or military spouse for a service such as a background check. Makes clarifying changes to proposed subsection (k) concerning fees.
| Intro. by Wells, Brown, Pate. | GS 93B |
Amends GS 90-85.15, which sets out the parameters for licensure as a pharmacist, to require the applicant to include the applicant's age in the application for licensure.
Deletes the provisions of subsection (c), relating to criminal record checks of applicants by the Department of Public Safety. Instead, directs the Board of Pharmacy (Board) to require each applicant to provide the Board with a criminal record report. Requires the applicant to obtain criminal record reports from one or more reporting services designated by the Board. Requires the Board to keep all information obtained pursuant to this statute privileged, and establishes that this information is not public record. Requires the applicant to pay the designated reporting service for the costs of these reports.
Makes technical, organizational, and clarifying changes. Effective January 1, 2018.
| Intro. by Tillman. | GS 90 |
Enacts new GS 127A-204 to invalidate a predispute arbitration agreement if the agreement requires arbitration of a dispute arising under Article 16 (National Guard Reemployment Rights) of GS Chapter 127A. Specifies that Article 16 supersedes any agreement that reduces, limits, or eliminates any right or benefit provided by the Article, including the establishment of an additional prerequisite to the exercise of a right or the receipt of any benefit. Applies to contracts entered into on or after the date that the act becomes law.
| Intro. by Britt. | GS 127A |
Section 1
Amends GS 143-215.27(a), which requires written approval by the Department of Environmental Quality (DEQ) prior to commencing the repair, alteration, or removal of a dam, to establish that the provisions of subsection (a) do not apply to a professionally supervised dam removal. Amends GS 143-215.25 to define professionally supervised dam removal as the removal of a dam that is not operated primarily for flood control or hydroelectric power generation purposes and is designed and supervised by a qualified engineer. Defines a qualified engineer as an engineer licensed as a professional engineer under GS Chapter 89C. Adds a new subsection to GS 143-215.27 to provide that a professionally supervised dam removal is not subject to the procedures set out in the statute if the person proposing to remove the dam complies with three conditions: (1) a qualified engineer makes specified determinations about the safe removal based on good engineering practices; (2) the person gives 30 days' notice of the proposed removal and certification, as specified, to the director of DEQ's Division of Energy, Mineral, and Land Removal; and (3) the person notifies the North Carolina Floodplain Mapping Program of the Department of Public Safety and all impacted local governments of the removal, as specified.
Amends GS 143-215.28A to allow the North Carolina Environmental Management Commission (Commission) to establish a fee for processing notifications of professionally supervised dam removals under GS 143-215.27(c). Prohibits this fee for notification from exceeding the lesser of 0.5% of the actual cost of removal or $500. Makes conforming changes.
Amends GS 143-215.30 to establish that the notice of completion and supplementary drawing requirements do not apply to a professionally supervised dam removal under GS 143-215.27(c) if the person removing the dam provided confirmation of completion of dam removal to DEQ within 10 days of completion of removal. Makes conforming changes.
Amends GS 143-215.56 to establish that a professionally supervised dam removal that complies with the requirements of GS 143-215.27(c) is not required to submit a Letter of Map Revision to DEQ to the extent permitted by National Flood Insurance Program requirements.
Section 2
Recodifies GS 143-215.32(a) and GS 143-215.32(a1) as GS 143- 215.32(a1) and GS 143-215.32(a2).
Amends GS 143-215.32 as recodified, concerning the inspection of dams, to establish that the owner of any dam regulated under Part 3 of Article 21 of GS Chapter 143, and the owners' heirs, successors, or assigns are responsible for regularly inspecting the dam to insure its safety and proper operation and maintenance. Requires this regular inspection to be performed by an engineer licensed as a professional engineer under GS Chapter 89C. Further requires a report to be submitted to DEQ within 30 days of an inspection. Directs DEQ to specify by rule the inspection frequency, protocol, and reporting format. Deletes the provision requiring DEQ to endeavor to inspect all dams in five-year intervals. Makes conforming and clarifying changes to subsection (a1) and (b).
Section 3
Amends GS 143-214.7C to prohibit DEQ from requiring mitigation for impacts associated with the removal of a dam when removal complies with the requirements of Part 3 of Article 21 of GS Chapter 143, except as required by federal law.
Directs DEQ's Division of Water Resources to develop a water quality general certification under section 401 of the Clean Water Act for short term sediment releases associated with the construction phase of a dam removal when (1) the removal meets the definition and requirements of a professionally supervised dam removal under GS 143-215.27, as amended, and (2) the applicant for the water quality general certification demonstrates that the sediment to be released has similar or lower level of contamination than sediment sampled from downstream of the dam.
Section 4
Directs the Commission and DEQ to implement the Sediment Criteria Rule as provided below until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to this act. Provides that the Sediment Criteria Rule requires the Commission to measure the height of a dam for purposes of dam size classification from the lowest point on the crest of the dam to the lowest point on the downstream toe. Directs the Commission to adopt a rule to amend the Dam Height Rule to be consistent with and substantively identical to the provisions of the Sediment Criteria Rule provided in this act. Defines the Dam Height Rule to mean 15A NCAC 2K .0223 (Dam Height and Storage Determination). Establishes that rules adopted pursuant to this act are not subject to Part 3 of Article 2A of GS Chapter 150B. Establishes that rules adopted pursuant to this act become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Sets these provisions to expire when permanent rules adopted as required by this act become effective.
Section 5
Amends GS 143B-135.234(c) to allow funds to be appropriated from the Clean Water Management Trust Fund for the purposes of removing obsolete and unwanted dams where removal will enhance or restore ecological functions or improve water quality.
Section 6
Directs DEQ to study the dam removal process in the state and recommend further statutory and rule changes to reduce regulatory barriers to the removal of obsolete and unwanted dams, and consolidate duplicative permit processes. Specifically directs DEQ to study the dam removal permitting process in New Hampshire, Massachusetts, and Pennsylvania. Requires DEQ to submit a final report to the North Carolina Environmental Review Commission by March 1, 2018. Effective when the act becomes law.
Section 7 sets the effective date of the act as July 1, 2017, unless otherwise indicated.
Appropriates $1 million from the General Fund to Greene County for 2017‑18 to construct a multipurpose center adjacent to the Greene County Recreation Complex; the center will provide space to hold community events.
Enacts GS 14-34.11 to establish that anyone who assaults, attempts to assault, or threatens to assault a person because the person is an emergency worker is guilty of a felonious crime against an emergency worker punishable as a Class H felony, unless the conduct is covered by another provision of law providing greater punishment than this statute. Defines emergency worker as a law enforcement officer, a firefighter, an emergency medical technician, or a medical responder. Establishes that an offense committed under this statute is a Class F felony if the person inflicts serious bodily injury on the emergency worker. Defines serious bodily injury as defined in GS 14-32.4. Establishes that an offense committed under this statute is a Class E felony if the person commits the assault with a firearm. Further, establishes that a person will be punished as though convicted of an offense one class higher if the person commits an offense under this statute by luring the emergency worker to a location by falsely reporting or having another person falsely report that emergency services are needed with the intent of harming the emergency worker because he or she is an emergency worker. Effective December 1, 2017, and applies to offenses committed on or after that date.
| Intro. by Dunn. | GS 14 |
Identical to H 18, filed 1/25/17.
Amends GS 143-48.3 to require the Department of Administration (DOA) to develop and maintain electronic or digital standards and systems for the procurement of goods and services, as well as contract management (previously did not address area of contract management). Amends the catchline of the section to be Electronic procurement and contract management (was, Electronic Procurement). Makes organizational and conforming changes to clarify that the DOA must follow specified processes and procedures in developing and deploying the developed standards and systems, and expands upon these requirements to include utilizing the Department of Information Technology as an Application Service Provider to operate these electronic standards and systems. Also requires the DOA to ensure that any contract management system be capable of performing various functions, including making payments in accordance with the applicable contract terms and conditions and that key documents can be stored, searched, and retrieved from the system by appropriate personnel. Also requires the DOA to provide State agencies with advance notice of newly developed standards or systems for the purpose of a smooth transition to using them.
Deletes language and makes organizational changes, adding new provisions that clarify what State agencies are subject to this Article. Further clarifies that the University of North Carolina, a constituent institution, a community college, or a unit of local government are not subject to these provisions but allows universities and community colleges to opt in as specified. Prohibits state agencies from entering into any contract, or renewing an existing contract, for the performance of an electronic contract procurement or contract management service if the DOA has given notice that the new system has been deployed.
Provides that nothing in this act can be construed to require the breach of any contract that exists on the effective date of this act.
Makes numerous conforming changes to: GS 18C-150 (Procurements); GS 53-320(d); GS 53-326(d); GS 53-391 (Employment of counsel, accountants, and other experts; compensation); GS 53-401 (Provisions for conservator; duties and powers); GS 58-10-285(d); GS 58-10-315(e); GS 58-10-350(3); GS 58-33-30 (License requirements); GS 58-33-125(e); GS 58-33-130(a); GS 58-56A-10(f); GS 58-58-50(r); GS 58-65-131(e); GS 58-71-40(d); GS 58-82A-2.1(c); GS 63A-24(a)(1); GS 108A-55(b); GS 114-9.4(b); GS 115D-67.4 (Fees collected by the Center; purchases using Center funds); GS 115D-89.4(b); GS 116-37(h); GS 116-40.6(c); GS 135-48.34 (Contracts not subject to Article 3 of Chapter 143 of the General Statutes); GS 136-89.194(g)(1); GS 143B-139.4B(b); GS 143B-431.01(b); GS 147-86.72(c)(2); and GS 148-134 (Preference for Division of Adult Correction of the Department of Public Safety products).
Effective October 1, 2017.
The Daily Bulletin: 2017-02-16
Amends SL 1975-157, Sections 1 and 3, as amended by SL 2016-44, to change the election method of the Board of Education of Transylvania County from partisan to nonpartisan. Requires the election to be held on the date of the county general election, with results determined on a plurality basis in accordance with GS 163-292. Requires notices of candidacy to be filed no earlier than noon on the first Monday in June and not later than noon on the last Friday in June. Establishes that if a vacancy occurs after the opening of the filing period for the general election in the middle of the four-year term, the appointment by the Transylvania Board of Education is to be made for the unexpired term. Makes conforming and technical changes.
| Intro. by Henson. | Transylvania |
The Daily Bulletin: 2017-02-16
Identical to H 4, filed 1/25/17.
As title indicates, adds described property to Fairmont's corporate limits. Effective June 30, 2017.
| Intro. by Britt. | Robeson |
Includes several whereas clauses.
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the specified local boards of education with additional flexibility in adopting their school calendars. Applies only to the Alleghany County Schools, Ashe County Schools, and Wilkes County Schools. Applies beginning with the 2017-18 school year.
Actions on Bills: 2017-02-16
H 3: Eminent Domain (NEW).
H 7: LRC/STRENGTHEN SAVINGS RESERVE.
H 9: ALLOW ELECTION DAY SERVICE - RETIRED LEOS.
H 13: CLASS SIZE REQUIREMENT CHANGES.
H 26: WORKERS' COMP/APPROVAL OF DISPUTED LEGAL FEES.
H 39: AMEND APPOINTMENTS/UNC BD OF GOVERNORS.
H 46: ALLISON'S LAW/GPS TRACKING PILOT PROG/DV.
H 96: ADOPT STATE FRIED CHICKEN FESTIVAL.
H 102: NC ADOPT EQUAL RIGHTS AMENDMENT.
H 103: EQUAL TAX TREATMENT OF GOV'T RETIREES.
H 104: AUTO INSURANCE/PROTECT LIENHOLDERS.
H 105: CONST. AMENDMENT-LIMIT GOVERNOR/LG TO 2 TERMS.
H 107: COMMON SENSE COMPROMISE TO REPEAL HB 2.
H 110: DOT/DMV CHANGES - MEGAPROJECT FUNDING (NEW).
H 113: PVT ACTION LOCAL COMPLIANCE/IMMIGRATION LAWS.
H 114: 2017 HOUSE PERMANENT RULES.
H 115: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2017.-AB
H 116: STUDENT SAFETY IN ATHLETICS.
H 117: PROTECT STUDENTS IN SCHOOLS.
H 118: VARIOUS SPECIAL LICENSE PLATES (NEW).
H 119: CLARIFY VACANCY ELECTIONS - COUNTY COMMISSION.
H 122: DISCOVERY NOT DISSEMINATED TO DEFENDANT.
H 123: REGISTRATION DISCRETIONARY FOR SEXUAL BATTERY.
H 124: COURTS COMM'N/STUDY JUDICIAL DISTRICTS.
H 125: THREATENED WEAPON INC. IN FIRST-DEG RAPE.
H 126: CONDUCT AND DISCIPLINE FOR MAGISTRATES.
H 128: PROHIBIT DRONE USE OVER PRISON/JAIL.
H 129: NC LEAF FUNDS.
H 130: FUNDING TO STATE CRIME LAB.
H 131: MOTIONS FOR APPROPRIATE RELIEF.
H 132: HIGH ACHIEVING TUITION SCHOLARSHIPS.
H 133: ELECT THE STATE BOARD OF EDUCATION.
H 134: PISTOL PERMIT/MENTAL HEALTH RECORD TO SHERIFF.
H 135: TECHNICAL CHANGES TO COURSES OF STUDY STATUTE.
S 8: BLDG. CODE EXEMPT/AIRPORT CHANGES (NEW).
S 55: SCHOOL BUS CAMERAS/CIVIL PENALTIES.
S 57: PURCHASE PISTOL PERMIT/RETIRED VETERAN ID.
S 60: RECORD OF EXCUSALS FROM JURY DUTY.
S 61: LTD. LICENSE/DRIVING TO SCHOOL PAST 9:00.
S 62: VETERANS' AFFAIRS COMMISSION/STRATEGIC PLAN.
S 63: MILITARY AFFAIRS COMMISSION/STRATEGIC PLAN.
S 66: REQUIRE SAFETY HELMETS/UNDER 21.
S 69: LOCAL GOV'T COMM/FINANCE OFFICER TRAINING.
S 75: CONST. AMD. - MAX. INCOME TAX RATE OF 7.0% (NEW).
S 82: ACHIEVING BUSINESS EFFICIENCIES (NEW).
S 88: LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
S 92: MAINTENANCE BOND FOR SUBDIVISION ROADS.
S 93: COMMON SENSE COMPROMISE TO REPEAL HB 2.
S 94: ELECTIONS TRANSPARENCY.
S 96: STUDY/MARKETING GLOBAL TRANSPARK.
S 97: GLOBAL TRANSPARK/PLAN AND REPORT.
S 99: APPROPRIATIONS ACT OF 2018. (NEW)
S 100: AERIAL ADVENTURE FINANCIAL RESPONSIBILITY.
S 102: LOCAL FIREFIGHTER RELIEF FUND ELIGIBILITY.
S 104: REQUIRE CRIMINAL BGC/PHARMACIST LICENSURE.
S 106: NAT. GUARD REEMPLOYMENT RIGHTS/ARBITRATION.
S 107: STREAMLINE DAM REMOVAL.
S 108: FUNDS/GREENE COUNTY MULTIPURPOSE CENTER.
S 109: HATE CRIME AGAINST EMERGENCY WORKER.
S 111: STATE AGENCIES MUST USE EPROCUREMENT/PED.
Actions on Bills: 2017-02-16
H 25: RANDOLPH COUNTY ZONING PROCEDURE CHANGES.
H 106: SCHOOL CALENDAR FLEXIBILITY/CABARRUS COUNTY.
H 108: SCHOOL CALENDAR FLEX./MECKLENBURG COUNTY.
H 109: FAYETTEVILLE ANNEXATION.
H 111: WINSTON-SALEM/SERVICE BY PUBLICATION COST.
H 112: SCHOOL CALENDAR FLEX./FORSYTH COUNTY.
H 127: TRANSYLVANIA CO. BD. ED./ELECTION NONPARTISAN.
S 54: CHARLOTTE FIREFIGHTERS' RETIREMENT SYSTEM.
S 91: 4TH SENATORIAL DISTRICT LOCAL ACT-1.
S 95: 12TH SENATORIAL DISTRICT LOCAL ACT-1.
S 98: 9TH SENATORIAL DISTRICT LOCAL ACT-1.
S 101: SCHOOL CALENDAR FLEX./PERSON COUNTY.
S 103: FAYETTEVILLE ANNEXATION.
S 105: FAIRMONT VOL. ANNEX.; TROUTMAN LAND USE REG (NEW).
S 110: SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS.
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