House committee substitute to the 1st edition deletes the contents of the previous edition and replaces them with the following.

Amends GS 115C-41, concerning the organization of local boards of education, to provide that following an election, if one or more members of the board cannot be sworn in due to an election protest under GS 163-182.9, the chair chosen the previous year must continue to hold that position until the election protest is resolved and all board members take the oath of office. Provides that if the chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair to serve until the election protest is resolved and all board members take the oath of office. Directs that the board is to choose a chair for the remainder of the year at the first regular meeting of the local board of education following the qualification of the newly elected board member(s). Makes clarifying changes and makes language gender neutral.

Amends GS 130A-56, concerning the election of officers to a sanitary district board, to provide that the chairperson of the board is to preside at the meetings of the board, with the board appointing one of its members temporary chair in the absence or sickness of the chairperson.  Similar to the provisions added to GS 115C-41, provides that following an election, if one or more members of the board cannot be sworn in due to an election protest under GS 163-182.9, the chairperson and secretary chosen the previous year must continue to hold their positions until the election protest is resolved and all board members take the oath of office. Provides that if the chairperson or secretary chosen the previous year is no longer a member of the board, the board members may choose a temporary chairperson or secretary to serve until the election protest is resolved and all board members take the oath of office. Directs that the board is to choose a chair and secretary for the remainder of the year at the first regular meeting of the board following the qualification of the newly elected board member(s). Makes language gender neutral.

Amends GS 153A-39, concerning the organization of county boards of commissioners, to provide that following an election, if one or more members of the board cannot be sworn in due to an election protest under GS 163-182.9, the chair and vice-chair chosen the previous year must continue to hold their positions until the election protest is resolved and all board members take the oath of office (similar to the provisions added to GS 115C-41 and GS 130A-56). Provides that if the chair or vice-chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair to serve until the election protest is resolved and all board members take the oath of office. Directs that the board is to choose a chair and vice-chair for the remainder of the year at the first regular meeting of the board following the qualification of the newly elected board member(s). Makes language gender neutral.

Amends GS 160A-70, concerning the selection and duties of a mayor pro tempore by a city council, to provide that following an election, if one or more members of the council cannot be sworn in due to an election protest under GS 163-182.9, the mayor pro tempore chosen the previous year must continue to hold that position until the election protest is resolved and all council members take the oath of office (similar to the provisions added to GS 115C-41, GS 130A-56, and GS 153A-39). Provides that if the mayor pro tempore chosen the previous year is no longer a member of the board, the council members may choose a temporary mayor pro tempore to serve until the election protest is resolved and all council members take the oath of office. Directs that the council is to choose a mayor pro tempore for the remainder of the year at the first regular meeting of the council following the qualification of the newly elected board member(s). Makes language gender neutral.

Changes the act's titles.

House committee substitute to the 1st edition makes the following change. Provides that the new statute does not require structural or technological modifications in parking structures constructed or substantially completed on or before July 1, 2017 (was, on or before July 1, 2016).

House amendment makes the following changes to the 2nd edition. Amends Rule 24.1B, concerning the division of amendments and questions, as follows. Adds the requirement that a motion for an amendment to be divided be made in writing and submitted to the Principal Clerk at the time the motion is made, with a clear statement as to how the question is to be divided. Adds that upon a majority vote of the members present and voting, the motion must be adopted and the body must debate and vote each amendment separately. Amends the provisions concerning division of a bil, to clarify that any member may call for a bill to be divided into two or more propositions to be voted on separately if the bill is subject to division into separate parts so that each part states a separate and distinct proposition capable of standing alone. Clarifies that if the question is divided, the body must debate and vote each proposition separately; if any proposition fails, the bill must be removed from the calendar and re-referred to the committee from which the bill was reported. 

Amends GS 58-3-227, which sets out disclosure and notification requirements relating to insurers' health plan fee schedules, to amend the definition of insurer to include an entity that writes stand alone dental insurance (previously, stand alone dental insurers were excluded). Makes conforming changes to include ICD-10-CM billing codes to the definition of schedule of fees. 

Effective July 1, 2017.

Amends GS 93B-2 by adding the requirement that each occupational licensing board give the Joint Legislative Administration Procedure Oversight Committee (Committee) the name and contact information of the individual responsible for filing the required reports. Requires that the Committee be notified of any changes to that information within 30 days.

Amends GS 93B-5(g) to require occupational licensing board members to receive training on federal antitrust law and State action immunity, in addition to existing training requirements, within six months of a board member’s initial appointment to the board and at least once within every two calendar years thereafter. 

Enacts six new sections in GS Chapter 93B (Occupational Licensing Boards).

Enacts GS 93B-17 to require occupational licensing boards to adopt rules for the receipt and resolution of complaints, for taking disciplinary or enforcement actions against its licensees, and for taking enforcement actions against unlicensed persons. Further, requires occupational licensing boards to adopt as a rule any interpretation, clarification, or other delineation of the scope of practice of an occupational licensing board.

Enacts GS 93B-18 to grant authority to an occupational licensing board to investigate unlicensed activity and to notify unlicensed persons and entities of the possible violation of the law and administrative rules, and any civil action or criminal penalty that may be imposed by a court. Provides language that must be included in a notice of possible violation to unlicensed persons and entities.

Enacts GS 93B-19 to establish that the venue for court enforcement is the superior court of the county where the defendant resides or in the county where the occupational licensing board has its principal place of business.

Enacts GS 93B-20 to provide for injunctive relief.

Enacts GS 93B-21 to provide that jurisdictional disputes among occupational licensing boards should be resolved through informal procedures, and if disputes cannot be resolved through informal procedures, the affected board may file a petition with the Office of Administrative Hearings (OAH), and the dispute will become a contested case conducted by OAH under Articles 3 and 4 of GS Chapter 150B.

Enacts GS 93B-22 to require each occupational licensing board to develop and implement a complaint process that provides (1) a description of the complaint process on the board’s web site, including the types of violations that are under the board’s jurisdictional authority; (2) an electronic complaint submission via the board’s web site, including a prominently displayed link to the form; and (3) the ability to provide complainants with a written description of the final disposition of each complaint.

Directs the Joint Legislative Administrative Procedure Oversight Committee to continue to monitor and study issues related to the scope of practice jurisdiction of occupational licensing boards. 

Subject to approval by voters at the statewide election in November of 2018, amends Section 30 of Article I of the North Carolina Constitution by deleting the statement that nothing in Section 30 justifies the practice of carrying concealed weapons or prevents the General Assembly from enacting penal statutes against carrying concealed weapons. If approved, effective upon certification.

Subject to approval by voters at the statewide election in November of 2018, repeals Section 4 of Article I of the North Carolina Constitution, which prohibits secession. If approved, effective upon certification.

Adds new GS Article 9D, Students with Dyslexia and Dyscalculia, to GS Chapter 115C.

Requires the State Board of Education (State Board) and local boards of education (local boards) to implement a screening process, assessment, and intervention strategies for students with learning disabilities. 

Requires the State Board to provide local boards with materials and screening instruments to identify students exhibiting potential indicators of dyslexia and dyscalculia. Requires each local board to (1) annually give parents informational materials related to dyslexia and dyscalculia and (2) ensure implementation of age‑appropriate screening instruments for the early identification of students with dyslexia and dyscalculia. Requires screening of every kindergarten for dyslexia and dyscalculia and requires screening of any student enrolled in first through sixth grade who has not already been screened. Requires administering an assessment to students exhibiting potential indicators of dyslexia, dyscalculia, or other specific learning disabilities. Requires that a student identified as having dyslexia, dyscalculia, or other specific learning disabilities be given appropriate intervention strategies through the student's individualized education program.

Makes conforming changes to GS 115C-12.

Applies beginning with the 2017-18 school year.

Enacts GS 14-34.11 to establish that it is a Class F felony for anyone who, because of the actual or perceived race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability of another person, assaults that person and inflicts serious bodily injury to the person or attempts to assault that person and inflicts serious bodily injury to the person. Defines gender identity as actual or perceived gender-related characteristics. Defines serious bodily injury. Provides that an offense committed under this statute is a Class E felony if either (1) death results from the offense or (2) the offense includes a violation or attempted violation of the specified statutes for the offenses of kidnapping, first degree forcible rape, second degree forcible rape, first degree forcible sexual offense, or second degree forcible sexual offense. Establishes that evidence of expressions or associations of the accused cannot be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged under this statute. Clarifies that nothing in this statute affects the rules of evidence governing the impeachment of a witness.

Amends GS 14-3 to provide that if any Class 2 or Class 3 misdemeanor is committed because of the victim's actual or perceived (previously, did not clarify can be either actual or perceived) race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability (previously, did not include gender, sexual orientation, gender identity or disability classifications), the offender is guilty of a Class 1 misdemeanor. Makes the same clarifications and expansions to provisions enhancing a Class A1 or Class 1 misdemeanor offense committed because of those same specified classifications to a Class H felony.

Amends GS 14-401.14 to provide that it is a Class 1 misdemeanor if a person assaults another person or damages or defaces the property of another person, or threatens to do any such act because of actual or perceived (previously, did not clarify can be either actual or perceived) race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability (previously, did not include gender, sexual orientation, gender identity, or disability classifications). 

Amends GS 15A-1340.16(d)(17) to provide that it is an aggravating factor if the offense for which the defendant stands convicted was committed against a victim because of the victim's actual or perceived (previously, did not clarify can be either actual or perceived) race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability (previously, did not include gender, sexual orientation, gender identity, or disability classifications). 

Effective December 1, 2017, and applies to offenses committed on or after that date.

As title indicates.

Amends Article 9A of GS Chapter 153A, concerning special assessments for critical infrastructure needs of counties. Authorizes counties to impose special assessments (was, issue revenue bonds payable from special assessments) as provided in the Article on benefited property and to use the resulting revenues as provided in the Article. Provides that the Article expires July 1, 2020, for projects that have not been approved under a final assessment resolution, but this expiration does not effect the validity of assessments imposed or to be imposed or bonds issued or authorized under the provisions of this Article if a final assessment resolution has been adopted prior to the effective date of the expiration. 

Amends GS 153A-210.2 to allow the board of county commissioners of a county to make special assessments against benefited property within a county for the purpose of assisting in arranging for payment of (was, purpose of financing) capital costs of specified projects. Requires the board of commissioners to determine a project's estimated cost and the amount of costs to be paid from assessments (was, only estimated cost). Adds that costs can include expenses for the administration of assessments. Clarifies that the board is to establish an assessment method that will, in the board's judgement, accurately assess (was, method that will most accurately assess) each lot or parcel of land subject to the assessments according to the conferred benefit from the project for which the assessment is made. Makes conforming changes.

Amends GS 153A-210.3 by adding a new subsection (a1) to require the board of commissioners to adopt a preliminary assessment resolution upon the receipt of a petition for a special assessment as provided for under existing subsection (a). Sets out the required contents of a preliminary assessment resolution to be: a statement of intent, a general description of the project, a statement of the proposed terms of payment of the assessment, and an order setting a time and place for a public hearing on all matters covered by the preliminary assessment resolution. Requires the public hearing to be no earlier than three weeks and no later than 10 weeks from the day on which the preliminary resolution was adopted. Adds new subsection (a2) to require that the board of commissioners hear all interested persons who appear with respect to any matter covered by the preliminary assessment resolution at the public hearing. Authorizes the board to adopt a final assessment resolution no earlier than 10 days after the public hearing that directs the project or portions of the project to be undertaken. Requires the final assessment resolution to include the same parameters required in the preliminary assessment resolution in subsection (a1), except for the public hearing information. 

Amends GS 153A-210.4 to authorize a board of commissioners to provide for the payment of all or a portion of the cost of a project for which an assessment has been imposed from funding from private parties in addition to funding from other specified sources. Clarifies that the assessment resolution must include the estimated cost of the project to be funded from assessments and the amount of the cost estimated to be derived from each respective funding source. Adds new subsection (c) to allow the board to agree to impose one or more assessments in order to reimburse a private party for costs incurred by the private party if a board contracts with the private party to construct a project on behalf of the county as provided in GS 153A-210.7. Allows for an inflationary factor applicable during any period of abeyance provided under GS 153A-210.5. Clarifies that a board of commissioners cannot be obligated to reimburse a private party any amount in excess of assessment revenues actually collected less the county's related administrative costs.  

Amends GS 153A-210.5 to clarify that the annual installments of an assessment are due on the date that real property taxes are due. Further allows the board of commissioners to provide for the abeyance of assessments as authorized in Article 9 of GS Chapter 153A. Sets forth that the abeyance can apply to any assessed property. Requires annual installments to be deferred until the period of abeyance ends. Provides that the assessment is to be payable on the first annual installment payment date after the period of abeyance ends. 

Amends GS 153A-210.7 to provide that initial funding for the project may be provided by the public or private agencies. Provides that if no more than 25% of the estimated cost of a project is to be funded from the proceeds of general obligation bonds or general revenue bonds, excluding assessments imposed under Article 9A of GS Chapter 153A (previously, did not exclude special assessments), a private agency entering into a contract for the implementation of all or part of the county project is subject to Article 8 of GS Chapter 143 to the extent specified in that contract.

Makes conforming and technical changes throughout Article 9A of GS Chapter 153A.

Amends Article 10A of GS Chapter 160A, concerning special assessments for critical infrastructure needs of cities and towns. Makes changes to GS 160A-239.1, GS 160A-239.2, GS 160A-239.3, GS 160A-239.4, GS 160A-239.5, and GS 160A-239.7 relating to special assessments by a city council that are identical to those changes made to Article 9A of GS Chapter 153A by this act.

Effective June 30, 2017, and applies to assessments made on or after that date.

Identical to S 117, filed 2/21/17.

Enacts new GS 135-75.1B to prohibit the payment of any retirement benefits or allowances, except for a return of member contributions plus interest, to any judge who is impeached for reasons other than a physical or mental incapacity interfering with the performance of the judge's duties. Also prohibits paying retirement benefits or allowances, except for a return of member contributions plus interest, to any judge removed from office under GS 7A‑376(b), which allows the Supreme Court to remove any judge for willful misconduct in office, willful and persistent failure to perform the judge's duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

Identical to S 16, filed on 1/26/17.

Section 1.1 and 1.2

Changes the title of GS 150B-21.5 of the Administrative Procedure Act (APA) to Circumstances when notice and rule-making hearing not required; circumstances when submission to the Commission not required.

Amends subsection (a) to provide that an agency is not required to publish a notice of text in the North Carolina Register, hold a public hearing, or submit the amended rule to the Rules Review Commission (Commission) for review (previously, did not except submission of the amended rule to the Commission for review) when the agency proposes to amend a rule to do one of the specified purposes in subsection (a). Provides changes to a few of the specified purposes for which notice, a public hearing, and submission to the Commission for review are not required, which include (1) when the rule is amended to change information that is readily available to the public, such as an address, telephone number, or a web site (previously, did not include a web site) and (2) when the rule is amended to correct a typographical error (previously, correct a typographical error in the North Carolina Administrative Code). Further, moves the sixth purpose excepted in subsection (a) to new subsection (a1) to provide that an agency is not required to publish a notice of text in the Register or hold a public hearing when it proposes to change the rule in response to a request or an objection by the Commission, unless the Commission determines that the changes is substantial (note, not excepted from rule submission to the Commission in this circumstance).

Creates new subsection (e) to require any agency that adopts or amends a rule under subsection (a) or (c) of GS 150B-21.5 to notify the Codifier of Rules of its actions. Directs the Codifier of Rules to make the appropriate changes to the North Carolina Administrative Code when notified of such agency action.

Changes the title of GS 150B-21.20 of the APA to Codifier’s authority to revise rules.

Amends the Codifier of Rules’ authority to allow the Codifier, after consulting with the agency that adopted the rule, to revise a rule (previously, revise the form of a rule submitted for inclusion in the North Carolina Administrative Code) to do one or more of the specified objectives. Adds four objectives for which the Codifier may revise a rule: (1) to substitute one name for another when an organization or position is renamed; (2) to correct a citation in the rule to another rule or law when the citation has become inaccurate since the rule was adopted because of the repeal or renumbering of the cited rule or law; (3) to change information that is readily available to the public, such as an address, a telephone number, or a web site; or (4) to correct a typographical error.

Section 2.1 and 2.2

Divides existing GS 150B-22 (Settlement; contested case) into two subsections. Additionally, clarifies that a party or person aggrieved cannot be required to petition an agency for rule making or to seek or obtain a declaratory ruling before commencing a contested case under GS 150B-23 (provisions for commencement of a contested case). Makes conforming change to GS 150B-43 (Right to judicial review).

Section 3

Makes the following changes to the Administrative Procedure Act concerning the periodic review and expiration of existing rules. Eliminates the distinction between rules that are necessary with substantive public interest or necessary without substantive public interest under the provisions of GS 150B-21.3A. Eliminates those defined terms in subsection (a), and instead defines necessary rule to mean any rule other than an unnecessary rule. Makes conforming changes throughout GS 150B-21.3A to remove any language distinguishing necessary rules with or without substantive public interest.

Amends subsection (c) of GS 150B-21.3A, which sets out the review process an agency must conduct of its existing rules at least once every 10 years. Step 1 now requires the agency to evaluate all of its existing rules and submit a report to the Rules Review Commission that includes the agency’s initial determination of whether an existing rule is necessary or unnecessary, all public comments the agency received during the comment period to the agency’s initial determination, and the agency’s response to the public comment. Step 2 of the rule review process requires the Rule Review Commission (Commission) to review the agency reports that are required in Step 1. In its review, the Commission must determine whether a public comment to a rule that the agency determined to be unnecessary in Step 1 has merit, and if the Commission determines that the public comment has merit, then the Commission must designate the rule as necessary. Currently, a public comment only has merit if it addresses the specific substance of a rule and relates to any of the standards for review of a rule by the Commission under GS 150B-21.9(a) (the four standards for review are whether the rule is within the agency’s authority, whether the rule is clear and unambiguous, whether the rule is reasonably necessary, and whether the rule was adopted in accordance with Part 2 of Article 2A of GS Chapter 150B, Adoption of Rules). This act removes the requirement that the public comment has to relate to any of the standards for review by the Commission under GS 150B-21.9(a) to have merit for purposes of Step 2 of the rule review process under GS 150B-21.3A(c)(2). Makes conforming changes.

Section 3 applies to agency rule reports submitted to the Officer of Administrative Hearings pursuant to GS 150B-21.3A(c)(1) (Step 1 of the rule review process) on or after May 1, 2017.