The Daily Bulletin: 2017-03-08

The Daily Bulletin: 2017-03-08

PUBLIC/HOUSE BILLS
H 2 (2017-2018) PROVIDE CERTAIN PROPERTY TAX RELIEF. Filed Jan 25 2017, AN ACT TO INCREASE THE DISABLED VETERAN PROPERTY TAX HOMESTEAD EXCLUSION, TO REIMBURSE LOCAL GOVERNMENTS FOR THEIR RESULTING REVENUE LOSS, AND TO PROVIDE A PROPERTY TAX HOMESTEAD EXCLUSION FOR THE SURVIVING SPOUSE OF QUALIFYING EMERGENCY PERSONNEL.

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

Amends GS 105­277.1C(a) to define hold harmless amount and total hold harmless amount.

Enacts new GS 105­277.1C(g), directing county tax collectors to notify the Secretary of Revenue (Secretary) of the county's total hold harmless amount by September 1 of each year. Directs the Secretary to distribute to each county its respective total hold harmless amount by December 31 of each year. Bars counties that fail to notify the Secretary of Revenue by the due date from receiving the reimbursement. Directs that any funds received by a county that are attributable to a city within the county to be distributed to that city. Directs that funds received by a county or city because it was collecting taxes for another unit of government or special district must be credited to the funds of that other unit or district in accordance with Local Government Commission regulations. Directs the Secretary to draw from collections under GS Chapter 105, Article 4, Part 2, to pay for the reimbursement and cost to the Department of Revenue of administering the reimbursement.

Amends the long title of the act.

Intro. by Dollar, Saine, Hardister, R. Turner.GS 105
H 16 (2017-2018) NEW HANOVER COUNTY SHELLFISH LEASE MORATORIUM (NEW). Filed Jan 25 2017, AN ACT TO ESTABLISH A MORATORIUM ON SHELLFISH LEASING IN THE NEW HANOVER COUNTY AREA.

House committee substitute makes the following changes to 1st edition. Amends new GS 143­50.2(a) to direct the Office of State Budget and Management to develop the described business case justification template (currently directs the Secretary of the Department of Administration in consultation with the Office of State Budget and Management to do so). Amends new GS 143­ 50.4(a)(1) to ensure that the new contract management system has the capacity to ensure that the contract terms and conditions are easily reviewable during the invoice approval process to verify that payments are made in accordance with them.

Intro. by Davis, Horn, Lucas, R. Turner.UNCODIFIED
H 17 (2017-2018) OFFICE OF STATE AUDITOR/CORRECTIVE ACTION/PED. Filed Jan 25 2017, AN ACT TO REQUIRE THE OFFICE OF THE STATE AUDITOR TO A FOLLOW-UP AUDIT ON AN UNDERPERFORMING STATE AGENCY, TO REPORT TO THE GENERAL ASSEMBLY A STATE AGENCY'S FAILURE TO TAKE CORRECTIVE ACTION, AND TO REPORT ANNUALLY ON ALL FINDINGS OF DEFICIENCIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

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

Amends proposed GS 147-64.6E to require the State Auditor to conduct a follow-up audit one year (previously, six months) after submitting the recommendations to correct deficiencies, with the purpose of determining if the State agency has made significant progress in correcting the identified deficiencies. Further, amends the legislative action the State Auditor can recommend in the Auditor's report to the General Assembly to include directing (previously, inviting) the State agency to appear before a legislative committee to provide information regarding the cited deficiencies and actions the agency has taken to correct the deficiencies.

Makes organizational changes. Makes conforming changes to the act's long title.

Intro. by Davis, R. Turner.GS 147
H 199 (2017-2018) ESTABLISH STANDARDS FOR SURGICAL TECHNOLOGY. Filed Feb 27 2017, AN ACT ESTABLISHING STANDARDS FOR SURGICAL TECHNOLOGY CARE IN HOSPITALS AND AMBULATORY SURGICAL FACILITIES.

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

Amends definition of  surgical technology  to clarify that the listed tasks performed in the sterile field must be performed as directed by the surgical team. Amends new GS 131E­79.3(b) to clarify that the employment qualifications for surgical technologists required in the statute are minimum qualifications. Adjusts the qualifications to require evidence of completion of the described accreditation or training programs, and to clarify that the qualification for employees of agencies or institutions of the federal government requires employment practicing surgical technology. Allows hospitals to employ or contract with individuals qualified under new GS 131E­79.3(b)(4) so long as that individual completes 15 hours of continuing education annually.

Amends the codification of GS Chapter 131E, Part 4, Article 6, to place the new statute regulating Ambulatory surgical facility standards for surgical technology care at GS 131E­147.2, instead of GS 131E­147.10. Makes amendments identical to those described above to new GS 131E­147.2.

Adds captions for subsections throughout the act. Makes technical and clarifying changes.

Intro. by Murphy, Lambeth.GS 131E
H 205 (2017-2018) WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW). Filed Feb 28 2017, AN ACT AMENDING A PROVISION OF THE WORKERS' COMPENSATION ACT RELATING TO PRISONERS AND PROVISIONS OF CERTAIN BENEFITS FOR NEWSPRINT EMPLOYEES.

House committee substitute makes the following changes to the 1st edition. Provides that inmates employed pursuant to the Prison Industry Enhancement Program shall receive workers' compensation based on the average weekly wage calculated pursuant to GS 97­2(5). Makes a technical change.

Intro. by McNeill, Zachary.Guilford, GS 1, GS 97, GS 153A, GS 159, GS 160A, GS 163
H 239 (2017-2018) REDUCE COURT OF APPEALS TO 12 JUDGES. Filed Mar 1 2017, AN ACT TO REDUCE THE NUMBER OF JUDGES ON THE COURT OF APPEALS TO TWELVE; TO PROVIDE AN APPEAL OF RIGHT FOR TRIAL COURT DECISIONS REGARDING CLASS ACTION CERTIFICATION AND TERMINATION OF PARENTAL RIGHTS; AND TO PROVIDE FOR DISCRETIONARY REVIEW BY THE SUPREME COURT IN CASES WHERE THE SUBJECT MATTER INVOLVES THE JURISDICTION AND INTEGRITY OF THE COURT SYSTEM.

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

Deletes proposed addition to GS 7A-27 that creates an appeal of right from the trial courts to the Supreme Court for cases involving the resolution of conflicts pursuant to Rule 3.1 of the General Rules of Practice for the Superior and District Courts. Makes conforming change to the act's long title.

Makes clarifying and technical changes to GS 7A-31 concerning discretionary review by the Supreme Court.

Intro. by Burr, Lewis, Stevens.GS 7A
H 240 (2017-2018) GA APPOINT FOR DISTRICT COURT VACANCIES. Filed Mar 1 2017, AN ACT TO PROVIDE THAT DISTRICT COURT VACANCIES SHALL BE FILLED BY APPOINTMENT OF THE GENERAL ASSEMBLY.

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

Amends the proposed changes to GS 7A-142, concerning filling district court vacancies, to require the local bar of the judicial district where a vacancy occurs to nominate five persons for consideration by the General Assembly who are authorized to practice law and are residents of the judicial district (current law, which was deleted in the previous edition, includes similar provisions for the local bar to nominate five persons for recommendation to the Governor). Requires the district bar to submit the nominations, as specified, within 15 business days from the date the vacancy occurs. Establishes that the General Assembly is not bound by the nominations of the district bar in their appointment to fill a district court vacancy. 

Makes organizational and conforming changes. 

Intro. by Burr, K. Hall, Saine, Bumgardner.GS 7A
H 279 (2017-2018) FANTASY SPORTS REGULATION. Filed Mar 8 2017, AN ACT TO REQUIRE REGISTRATION OF FANTASY SPORTS CONTEST OPERATORS WITH THE DEPARTMENT OF THE SECRETARY OF STATE.

Enacts new GS 78E­1, and captions new GS Chapter 78E as Fantasy Sports Contests.

Defines several terms, including  fantasy contest  (an online fantasy or simulated game or contest in which an entry fee is charged and the value of prizes offered to winners is established and made known to the participants in advance, winning outcomes reflect the relative knowledge and skill of the participants, determined by accumulated statistical results of the performance of individuals, and winning outcomes are not based on the score, point spread, or any performance of any single actual team or combination of teams or any individual athlete or player in any single actual event) and  operator  (a person or entity that offers fantasy contests to members of the public, not including internet service providers or mobile data service providers merely as a result of that entity's transporting general traffic).

Prohibits fantasy contests from being offered unless the operator has been registered with the Department of the Secretary of State (Department).

Directs the Department to register applicants if the applicant (1) submits an application including six specified pieces of identifying information; (2) submits evidence that the operator has established commercially reasonable procedures for fantasy contests that are intended to achieve eight listed goals, including preventing participation in the contest by the operator and its employees and family and preventing the co­mingling of player funds from operational funds; and (3) submits an initial registration fee of 10% of the operator's gross fantasy contest revenues from the previous calendar year, not to exceed $10,000, and not to be less than $2,500. Directs that registrations expire five years after issuance or renewal, and directs the Department to renew the registration of an operator that submits a completed application and renewal fee equal to the lesser of $5,000 or 10% of the operator's net revenue from the previous calendar year. Authorizes operators applying for registration who have been in continuous operation in the State for at least 180 days as of the effective date of the act to continue to offer fantasy contests until 60 days after applications for registration are published by the Department, and authorizes operators who have applied for registration during that 60­day period to continue to operate while registration is pending. Authorizes the Department to require an applicant to suspend operations upon reasonable cause to believe that the operator may be in violation of GS Chapter 78E until registration is issued or denied. Directs the Department to issue a registration within 60 days of receipt of application, or to provide the operator with justification for not issuing a registration within that time.

Authorizes the Department to deny, revoke, or suspend a registration upon determination that an operator, or any of its officers, partners, principal stockholders, or directors, has (1) knowingly made a false statement of material fact or has deliberately failed to disclose requested information; (2) committed an illegal, corrupt, or fraudulent act, practice, or conduct in connection with any fantasy contest in any jurisdiction, or has been convicted of a felony, crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust within 10 years prior to the date of application; (3) knowingly failed to comply with GS Chapter 78E or Department requirements; (4) defaulted on any obligation or debt to the State; or (5) failed to be qualified to do business in the State or is not subject to the jurisdiction of State courts. Authorizes the Department to suspend or revoke an operator's registration after hearing with 30 days' notice, where a violation of GS Chapter 78E is found by a preponderance of the evidence. Authorizes the Department to assess a civil penalty up to $1,000 for any violation of GS Chapter 78E, limited to $10,000 for a continuing violation, to be remitted to the Civil Penalty and Forfeiture Fund. Authorizes the Department to revoke a registration if it finds that facts not known by it at the time of application indicate that a registration should not have been issued. Authorizes the Department take emergency action to suspend a registration for a period not to exceed seven business days to protect the public health, safety, and welfare, pending a hearing and final determination, and directs the Department to give the operator five business days' notice of the date, time, and place of the hearing. Directs the Department to give written notice of any denial, suspension, or revocation of registration, or of any civil penalty. Authorizes an operator to seek review under GS Chapter 150B.

Directs a registered operator to file an annual report with the Department indicating compliance with GS Chapter 78E, conduct an independent financial audit and submit a copy to the Department at least every two years, notify the Department of material changes to information provided in registration applications, and notify the Department if the operator ceases to offer fantasy contests in the State.

Directs any person who acquires a controlling interest of a registered operator to register with the Department. Authorizes the operator to continue to operate during the registration period. Authorizes the Department to suspend the operation of any fantasy contest until the registration is issued or denied.

Authorizes the Department to carry out the provisions of GS Chapter 78E, and to adopt rules necessary to carry out GS Chapter 78E. Authorizes the Department to apply to superior court for an injunction to restrain persons from violating GS Chapter 78E or the Department's rules. Directs the Department to bring actions under this statute in the county where the operator maintains its principal place of business or where the alleged acts occurred. Authorizes the Department to investigate any operator, upon reasonable cause, to determine whether a violation of GS Chapter 78E has occurred.

Directs that reports, data, or documents submitted to the Department under the audit requirements, and records containing information about the character or financial responsibility of the operator or its principal stockholders submitted under the application requirements, are confidential and not public records.

Clarifies that fantasy contests under GS Chapter 78E are not gambling, lotteries, gaming, or any activity prohibited by GS Chapter 14, GS Chapter 16, or GS Chapter 19, or any other provision of law, and that prize money for a fantasy contest is not part of a gaming contract under GS Chapter 16.

Clarifies that the statute does not limit an operator from controlling or conducting its contests, or from providing uniform gameplay platforms for players in multiple jurisdictions.

Amends GS 18B­500 to authorize alcohol law­enforcement agents to enforce GS Chapter 78E, and to serve and execute notices, orders, or demands issued by the Secretary of State under GS Chapter 78E.

Effective January 1, 2018.

Intro. by Saine, Hardister, Hanes, Duane Hall.GS 18B, GS 78E
H 280 (2017-2018) JUVENILE JUSTICE REINVESTMENT ACT. Filed Mar 8 2017, AN ACT TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS, EXCEPT IN THE CASE OF CERTAIN FELONIES; TO PROVIDE A VICTIM THE OPPORTUNITY TO REQUEST REVIEW OF DECISION NOT TO FILE A PETITION; TO INCREASE THE INFORMATION AVAILABLE ON JUVENILES TO LAW ENFORCEMENT AND FOR COURT PROCEEDINGS; TO AUTHORIZE SCHOOL-JUSTICE PARTNERSHIPS STATEWIDE TO REDUCE SCHOOL-BASED REFERRALS TO THE JUVENILE COURT SYSTEM; TO REQUIRE REGULAR JUVENILE JUSTICE TRAINING FOR LAW ENFORCEMENT OFFICERS; AND TO ESTABLISH THE JUVENILE JURISDICTION ADVISORY COMMITTEE.

Part I

Amends the definition of delinquent juvenile in GS 7B-1501(7) to add that the term also includes any juvenile who, while less than 18 years of age but at least 16 years of age, commits a crime or infraction under State law or under an ordinance of local government, excluding violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in GS 5A-31. Currently, the term is defined as any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in GS 5A-31. Adds and defines the term victim as an individual or entity against whom a crime or infraction is alleged to have been committed by a juvenile based on reasonable grounds that the alleged facts are true. Specifies that for the purposes of Article 17 (Screening of Delinquency and Undisciplined Complaints) of GS Chapter 7B, the term may also include a parent, guardian, or custodian of a victim under the age of 18.

Amends GS 7B-1601, which provides for jurisdiction of delinquent juveniles, to establish that when the district court obtains jurisdiction over a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age, jurisdiction continues until terminated by an order of the court or until the juvenile reaches the age of 19 years. Further provides that if the offense was committed while the juvenile was at least 17 years of age, jurisdiction continues until terminated by order of the court or until the juvenile reaches the age of 20 years. Further provides that when delinquency proceedings for a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age cannot be concluded before the juvenile reaches the age of 19 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B (Probable cause hearing and transfer hearing) and either transferring the case to superior court for trial as an adult or dismissing the petition. Provides that when a delinquency proceeding for a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 17 years of age cannot be concluded before the juvenile reaches the age of 20 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition. Makes clarifying changes to existing subsections (b) and (c) concerning jurisdiction over a juvenile and delinquency proceedings to clarify that those existing provisions pertain to a juvenile alleged to be delinquent for an offense committed prior to the juvenile reaching the age of 16 years. 

Provides that when the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 18, for a felony and any related misdemeanors the juvenile allegedly committed on or after the juvenile's thirteenth birthday and prior to the juvenile's eighteenth birthday (was, sixteenth birthday), the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition.

Amends GS 7B-1604(a) to establish that any juvenile, including a juvenile who is under the jurisdiction of the district court, who commits a criminal offense on or after the date the juvenile reaches the age of 18 years (currently, who commits a criminal offense on or after the juvenile's sixteenth birthday) is subject to prosecution as an adult.

Amends GS 7B-2200, concerning the transfer of jurisdiction of a juvenile to superior court, to limit the transfer of jurisdiction of a juvenile under this statute to when the juvenile was at least 13 years of age but less than 16 years of age (was, if the juvenile was 13 years of age or older) at the time the juvenile allegedly committed an offense that would be a felony if committed by an adult. Also qualifies the provisions of this statute by including an "except as otherwise provided in GS 7B-2200.5" clause to the statute.

Enacts new GS 7B-2200.5 to provide for the transfer of jurisdiction to superior court of a juvenile who was at least 16 years of age at the time the juvenile allegedly committed an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult. Requires jurisdiction to be transferred to superior court in those for the commission of those felonies, after (1) notice has been provided to the juvenile and the court has found that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutes a Class A, B1, B2, C, D, or E felony, or (2) notice, hearing, and a finding of probable cause that the juvenile committed an offense that constitutes a Class A, B1, B2, C, D, or E felony. Further provides for the transfer of jurisdiction to superior court, upon motion of the prosecutor or the juvenile's attorney or the court's own motion, of a juvenile who was at least 16 years of age at the time the juvenile allegedly committed an offense that would be a Class F, G, H, or I felony if committed by an adult. Provides for transfer only after notice, hearing, and a finding of probable cause. Makes conforming changes to GS 7B-2202(a).

Amends GS 7B-2506, which sets out alternatives the court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use, to clarify that the options a judge can choose in subdivision (1) can be used in the case of any juvenile under the age of 18 years who needs more adequate care or supervision or who needs placement. Additionally, limits the alternative allowing a judge to excuse a juvenile from compliance with compulsory school attendance law when suitable alternative plans can be arranged to only allow the option if the juvenile is under the age of 16 years. 

Amends GS 7B-2507, concerning delinquency history levels, to establish and assign point levels for a juvenile's prior convictions that are to be added to the points assigned to each of the juvenile's prior adjudications or convictions and probation status to determine the delinquency history level of a delinquent juvenile. Assigns specified points for prior convictions based on the class of felony or misdemeanor, and includes points specifically for prior misdemeanor convictions for impaired driving, impaired driving in a commercial vehicle, and death by vehicle. Makes conforming changes. 

Amends GS 7B-2513, concerning commitment of a delinquent juvenile to the Division of Juvenile Justice (Division), to break down the existing language of subsection (a) into several subsections, and limit application of the existing term limits to a juvenile who committed the offense prior to reaching the age of 16 years. Additionally establishes that for an offense a juvenile committed while the juvenile was at least 16 years of age but less than 17 years of age, the term of commitment to the Division for placement in a youth development center cannot exceed the juvenile's nineteenth birthday. Provides that for an offense the juvenile committed while the juvenile was at least 17 years of age, the term of commitment cannot exceed the juvenile's twentieth birthday. 

Amends GS 7B-2515(a) to require the Division to notify the juvenile and the juvenile's parent, guardian, or custodian of the Division's intention not to release the juvenile who was committed before the juvenile reached the age of 16 years (previously did not specify the juvenile must be committed prior to reaching the age of 16 years) prior to the juvenile's eighteenth birthday, or if the Division determines the commitment should be continued beyond the maximum commitment period as set out in GS 7B-2516(a1) (as amended by this act; conforming change, was GS 7B-2513(a)).

Amends GS 7B-2603(b) to require that any detention of the juvenile pending release be in accordance with GS 7B-2204 (right to pretrial release, detention). Eliminates existing provisions concerning the detention of a juvenile pending release.

Makes conforming changes to GS 7B-3101(a)(2) (Notification of school when court transfers jurisdiction over a juvenile to superior court), GS 5A-31(a) (offense of contempt by a juvenile), GS 5A-34(b) (criminal and civil contempt applicable to specified minors), GS 14-208.6B (registration requirements for juveniles transferred to and convicted in superior court), GS 14-316.1 (contributing to delinquency and neglect by parents and others), GS 115C-404(a) (juvenile court information confidential), and GS 143B-805(6) (defining juvenile for use in provisions concerning the Division of Juvenile Justice). 

Adds to the duties of the Division of Juvenile Justice set out in GS 143B-806(b) the duty to provide for the transportation to and from any State or local juvenile facility of any person under the jurisdiction of the juvenile court for any purpose required by GS Chapter 7B or upon order of the court. 

Effective December 1, 2019, and applies to offenses committed on or after that date.

Part II

Amends GS 7B-1703(c), requiring the juvenile court counselor to notify the complainant with the reasons for the counselor's decision not to file a juvenile petition upon evaluation of a complaint, to require the juvenile court counselor to also notify the victim, if the victim is someone other than the complainant, immediately in writing with reasons for the counselor's decision not to file a petition, whether or not legal sufficiency was found, and whether the matter was closed or diverted and retained. Additionally requires the notice to include the victim's right to have the decision reviewed by the prosecutor. Makes conforming changes to include the victim's right to require review by the prosecutor and the prosecutor's duty to review the determination that the petition should not be filed under GS 7B-1704 and GS 7B-1705.

Amends GS 143B-806 by adding to the Division's duties the development and administration of a system to provide information to victims and complainants on the status of pending complaints and the right to request reversal of a decision not to file a petition.

Applies to all complaints filed on or after July 1, 2017.

Part III

Amends GS 7B-3001 by adding to the items that must be included in a juvenile court counselor's record, to also include the juvenile's delinquency record and consultations with law enforcement that did not result in a filed complaint. Adds the requirement that, upon request, a juvenile court counselor share with a law enforcement officer sworn in this state any information from the counselor's record related to a juvenile's delinquency record or prior consultations with law enforcement. Prohibits a law enforcement officer from obtaining copies of any part of the record and requires shared information to be withheld from public inspection. Effective July 1, 2017.

Directs the Administrative Office of the Courts (AOC), by July 1, 2018, to expand access to its automated electronic information management system for juvenile courts, JWise, to include prosecutors and attorneys representing juveniles in juvenile court proceedings. Limits this access to examining electronic records related to juvenile delinquency information. Prohibits other information in JWise, such as any records pertaining to abuse, neglect, and dependency or termination of parental rights, from being made available to a prosecutor or juvenile's attorney through JWise. Directs the AOC to develop statewide inquiry access for users of the JWise computer system that corresponds to access to juvenile court records as allowed under GS Chapter 7B, by July 1, 2018. 

Part IV

Amends the duties of the Administrative Officer of the Courts by adding the duty to prescribe policies and procedures for chief district court judges to establish school-justice partnerships with local law enforcement agencies, local boards of education, and local school administrative units with the goal of reducing in-school arrests, out-of-school suspensions, and expulsions.

Part V

Amends GS 17C-6 to amend the powers of the North Carolina Criminal Justice Education and Training Standards Commission (Commission) as follows. Adds to the standards that the Commission establishes for entry level employment as a criminal justice officer to also require education and training on juvenile justice matters that includes four specified components. Adds to the in-service training standards for criminal justice officers that the Commission develops to also require training on juvenile justice issues that must include the same four specified components. Also adds the duty of establishing minimum standards and levels of training for certification of instructors for the required juvenile justice training.

Amends GS 17E-4 to amend the powers of the North Carolina Sheriffs' Education and Training Standards Commission (Commission) as follows. Adds to the standards that the Commission establishes for entry level employment as an officer to also require training on juvenile justice matters that includes four specified components. Adds to standards that the Commission establishes for in-service training for justice officers to also require training on juvenile justice matters that includes four specified components. Also adds the duty of establishing minimum standards and levels of training for certification of instructors for the required juvenile justice training.

Requires that both of the above Commissions work with the Division of Adult Correction and Juvenile Justice of the Department of Public Safety in developing and implementing the required education and training.

Part VI

Establishes the Juvenile Jurisdiction Advisory Committee (Committee) within the Division of Adult Correction and Juvenile Justice. Provides for the membership of the Committee, consisting of 21 members as specified. Requires appointments to the Committee to be made no later than October 1, 2017. Sets forth parameters for filling vacancies on the Committee and the provisions for Committee meetings. Requires the initial meeting of the Committee to be called on or before November 1, 2017. Requires cooperation by government agencies and directs the Committee to consult with appropriate State departments, agencies, and board representatives. Sets out the duties of the Committee, which include developing a specific plan for the implementation of any changes in the juvenile justice system that would be required in order to extend jurisdiction in delinquency matters and proceedings to include 16- and 17-year-old persons within the juvenile justice system. 

Directs the Committee to submit an interim report by April 1, 2018, to the General Assembly with copies to the Joint Legislative Oversight Committee on Justice and Public Safety and to the Appropriation Committees on Justice and Public Safety of both houses. Requires the Committee to submit additional interim reports with updates on the planning steps completed annually by January 15. Directs a final report on the implementation of this act and the Committee's findings and recommendations by January 15, 2023, to the General Assembly and Governor. Terminates the Committee on February 1, 2023, or upon the filing of its final report, whichever occurs earlier. 

Provides that the Committee can apply for, receive, and accept grants of non-State funds or other contributions as appropriate to assist in the performance of its duties. 

Part VII

Unless otherwise provided, the act is effective when it becomes law. Provides that prosecutions or delinquency proceedings initiated for offenses committed before any particular section of the act becomes effective are not abated or affected by the act and that the statutes that are in effect on the dates the offenses are committed remain applicable to those prosecutions.

Intro. by McGrady, Lewis, Duane Hall, S. Martin.STUDY, GS 5A, GS 7A, GS 7B, GS 14, GS 17C, GS 17E, GS 115C, GS 143B
H 283 (2017-2018) DHHS RECOMMEND TELEMEDICINE POLICY (New) Filed Mar 8 2017, AN ACT TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY AND RECOMMEND A TELEMEDICINE POLICY.

Enacts new GS 58-50-305, which requires health benefit plans to provide the same coverage for a health care service regardless of whether it is provided in a face-to-face consultation, in-person delivery of services, or through telemedicine. Prohibits health care providers from being required to document reasons for delivering services by telemedicine over an in-person visit. Prohibits an insurer from limiting the type of setting where services can be provided to the patient or by the health care provider for purposes of coverage for services provided by telemedicine.

Requires coverage of services by telemedicine to be at a rate no less than the applicable rate for health care services provided in an in-person consultation or delivery of services. Allows for a health benefit plan to include a deductible, co-payment, or coinsurance requirement for service provided by telemedicine so long as it does not exceed the same applicable to an in-person consultation or delivery of services. 

Effective October 1, 2017, and applies to contracts issued, renewed, or amended on or after that date.

Intro. by Lambeth, Insko, Murphy, Dobson.GS 58
H 284 (2017-2018) 25-YEAR LEO RETIREMENT OPTION. Filed Mar 8 2017, AN ACT TO ALLOW LAW ENFORCEMENT OFFICERS WHO ARE MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OR THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM TO RETIRE AFTER ACHIEVING TWENTY-FIVE YEARS OF CREDITABLE SERVICE, TO ALLOW FOR SEPARATION BUYOUTS FOR LAW ENFORCEMENT OFFICERS, AND TO ALLOW TRANSFERS UNDER THE SPECIAL RETIREMENT ALLOWANCE TO BE PAID IN WHOLE OR IN PART WITH EMPLOYER CONTRIBUTIONS.

Section 1 enacts new GS 143­166.43 (Separation buyouts for law enforcement officers) to authorize any State department, agency, or institution, or any local government employer to, at its discretion, offer a lump sum separation buyout to a law enforcement officer who leaves employment prior to reaching the officer's eligibility for a separation allowance, to be paid from funds available, and not to exceed the total that would otherwise be paid in separation allowance payments under GS 143­166.41 or GS 143­166.42.

Section 2 amends GS 135­5(m2) (concerning the Teacher's and State Employees' Retirement System) and GS 128­27(m2) (concerning the local Government Employees' Retirement System) to authorize transfers under those subsections to be paid in whole or in part with employer contributions paid directly to that retirement system at the time of transfer.

Section 3 amends GS 135­5(a)(4) and GS 128­27(a)(5) to allow law enforcement officers' retirement with full benefits after 25 years of creditable service, and makes a technical change. Amends GS 135­5(b19) and GS 128­27(b21) to limit the existing service retirement allowance to members retiring before January 1, 2018. Enacts new GS 135­5(b21) to provide a service retirement allowance to members retiring on or after January 1, 2018. New GS 135­5(b21) is substantially identical to GS 135­ 5(b19) with the following exceptions. The allowance provided in GS 135­5(b21)(1)b is identical to that in GS 135­5(b19)(1)b except that it is available to members that retire prior to their 50th birthday and after the completion of 25 years of creditable service, but before the completion of 30 years of creditable service, instead of members who retire on or after their 50th birthday and after the completion of 15 years of creditable service, but before the completion of 30 years of creditable service, and is calculated with member's creditable service at retirement plus four percent times the difference between age 50 and the member's age at retirement, instead of the member's credible service at retirement. Provides a new service retirement in GS 135­5(b21)(1)c to members who retire on or after their 50th birthday and before their 55th birthday with 15 or more years of creditable service and less than 30 years of creditable service, and specifies the calculation of that benefit. New GS 128­27(b22) is substantially identical to GS 128­27(b21), with exceptions identical to those described above occurring in GS 128­27(b22)(1)b and GS 128­ 27(b22)(1)c. Amends GS 135­5(m) and GS 128­27(m) to refer to new GS 135­5(b21)(1)c and GS 128­27(b22)(1)c instead of existing GS 135­5(b19)(1)b and GS 128­27(b21)(1)b, and to make technical changes.

Section 4 authorizes the Department of State Treasurer, Retirement Systems Division, in order to administer these changes, to increase receipts from the retirement assets of the corresponding retirement system or pay costs associated with the administration of these changes directly from the retirement assets.

Sections 2 and 3 are effective January 1, 2018. The remainder of the act is effective when it becomes law.

Intro. by Murphy, McNeill, Rogers, Malone.GS 128, GS 135, GS 143
H 285 (2017-2018) SUICIDE PREVENTION/AWARENESS SCHOOL PERSONNEL. Filed Mar 8 2017, AN ACT TO PROVIDE FOR A TRAINING PROGRAM ON YOUTH SUICIDE AWARENESS AND PREVENTION AND RISK REFERRAL PROTOCOL FOR SCHOOL PERSONNEL.

Enacts new GS 115C­375.10 (Youth suicide awareness and prevention training and risk referral protocol for school personnel).

Directs the State Board of Education in consultation with the Department of Health and Human Services, Division of Public Health, to develop a youth suicide awareness and prevention training program and a model risk referral protocol to provide to school personnel who work directly with K­12 students, consisting of at least two hours of evidence-­informed instruction to increase awareness of suicide, identification of risk factors and signs, and information for suicide prevention resources and support. Directs that the model risk referral protocol must provide guidelines on identification of at­risk students, suicide prevention procedures, and referral sources. Directs that the training program and model risk referral protocol shall be periodically reviewed and updated as necessary.

Directs each local school administrative unit to provide the training program and model risk referral protocol, or a locally developed plan that meets the requirements of this statute, to school personnel who work directly with K­12 students at no cost to the employee. Directs that school employees who work directly with K­12 students shall receive the training within 12 months of employment and annually thereafter while employed with that local school board. Authorizes several methods of administering the training.

Authorizes local boards of education to develop local plans that include, at minimum, (1) conveying information on State and national data on suicide rates, methods, and at­risk populations; (2) myths and attitudes about suicide; (3) warning signs and symptoms; (4) identification of at­risk students and steps for referral to support services; (5) protective factors for suicide prevention; and (6) safe messaging to children. Also requires that a local plan shall include at least (1) a plan to include specialized training for specified student support personnel; (2) a safety plan for the school in the event of identification of an at­ risk student and suicide or suicide attempt by a student enrolled in the school; (3) designation of a school employee as the school suicide prevention responder; (4) a plan for communication with at­risk students' parents or legal guardians; and (5) a plan for post-­intervention for at-­risk students, including reentry into the classroom.

Directs each local school administrative unit to report to the Department of Public Instruction on compliance with mandatory training and prevention requirements under this statute by September 15 of each year.

Prevents civil liability for local boards of education and its members, employees, designees, agents, and volunteers, for acts or omissions of acts relating to the training program or protocol required by this statute unless those acts or omissions amount to gross negligence, wanton conduct, or intentional wrongdoing.

Enacts new GS 115C­218.75(g) to require charter schools to provide a youth suicide awareness and prevention training program and risk referral protocol in accordance with new GS 115C­375.10. Directs the charter school to report to the Department of Public Instruction by September 15 on compliance with required training and prevention activities. Prevents civil liability for charter school boards of directors, their members, employees, designees, agents, and volunteers for acts or omissions relating to the training programs and protocols required by this statute unless those acts or omissions amount to gross negligence, wanton conduct, or intentional wrongdoing.

Applies beginning with the 2018­19 school year.

Intro. by Murphy, Hardister, Dollar, Dobson.GS 115C
H 289 (2017-2018) LIVING WAGE BY 2022. Filed Mar 8 2017, AN ACT INCREASING THE STATE'S MINIMUM WAGE IN PHASES UNTIL 2022 WHEN THE WAGE SHALL BE ADJUSTED AUTOMATICALLY EACH YEAR BY INCREASES IN THE COST OF LIVING.

Identical to S 210, filed 3/7/17.

Current law, GS 95-25.3(a), sets the minimum wage that every employer must pay to each employee who performs any work during any workweek at the higher of $6.15 per hour or the minimum wage set forth in 29 USC 206(a)(1) (the Fair Labor Standards Act, which may change with time), except as otherwise provided in the statute.

This act increases the state's minimum wage in the five phases. Effective January 1, 2018, sets the minimum wage at the higher of $8.80 per hour or the minimum wage set forth in 29 USC 206(a)(1). Effective January 1, 2019, sets the minimum wage at the higher of $10.35 per hour or the minimum wage set forth in 29 USC 206(a)(1). Effective January 1, 2020, sets the minimum wage at the higher of $12 per hour or the minimum wage set forth in 29 USC 206(a)(1). Effective January 1, 2021, sets the minimum wage at the higher of $13.50 per hour or the minimum wage set forth in 29 USC 206(a)(1). Effective January 1, 2022, sets the minimum wage at the higher of $15 per hour or the minimum wage set forth in 29 USC 206(a)(1). Directs the Commissioner of Labor to calculate an adjusted minimum wage rate, beginning September 30, 2022, and on each September 30 thereafter, using the Consumer Price Index , CPI-U, or its successor index, as calculated by the US Department of Labor for the 12-month period preceding the previous September 1. Requires each adjusted minimum wage rate calculated to be published on September 30 and take effect on the following January 1.

Intro. by Fisher, Farmer-Butterfield, Harrison, Jackson.GS 95
H 292 (2017-2018) DISAPPROVE CAPE FEAR RULES. Filed Mar 8 2017, AN ACT TO DISAPPROVE RULES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION PROVIDING FOR RECLASSIFICATION OF A SEGMENT OF THE CAPE FEAR RIVER AND CREATION OF A WATER QUALITY MANAGEMENT PLAN.

Disapproves 15A NCAC Subchapter 02B .0227 and .0311 (as title indicates) adopted by the Environmental Management Commission on September 10, 2015, and May 12, 2016, and approved by the Rules Review Commission on June 16, 2016, and July 21, 2016.

Intro. by W. Richardson, Harrison.UNCODIFIED
H 294 (2017-2018) UNCLAIMED PROPERTY NOTICE REQUIREMENTS.-AB Filed Mar 8 2017, AN ACT TO MAKE CHANGES TO THE NOTICE REQUIREMENTS AND PENALTY FOR THE DISPOSITION OF ABANDONED PROPERTY AND TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE UNCLAIMED PROPERTY STATUTES, AND TO MODIFY TERMS OF APPOINTMENT FOR VARIOUS BOARDS.

Section 1 Repeals SL 2015­68, Section 2 which deleted the provisions in GS 116B­70 that allowed the State Treasurer to dispose of property with no substantial commercial value, retroactively effective October 1, 2015.

Section 2 further amends GS 116B­70 (regarding the destruction or disposition of property having no substantial or commercial value),  to authorize the Treasurer to destroy or otherwise dispose of stock or other equity interest in a business association, including security entitlements under GS Chapter 25, Article 8, if it has no substantial commercial value as currently authorized for other types of property. Amends the caption for GS 116B­70.

Section 3 amends GS 116B­59 to further require holders of property presumed abandoned to send the required written notice to the apparent owner of abandoned property for stock or other equity interest in a business association, including a security entitlement under GS Chapter 25, Article 8, valued at $25 or more (currently only required for any property valued at $50 or more). Provides instructions for searching for an updated address if the mailing address is not correct or the holder does not have a mailing address, and for sending written notice to any new address discovered after that search, and directs the holder to also send notice by email to the apparent owner when the apparent owner has consented to receive email from the holder. Requires that the described notice must contain, in addition to the current required information, the amount or value of the property if known, the contact information of the holder, and a statement that, once placed in the custody of the Treasurer, all interest, dividends, income, and gains earned on the property will remain with the Treasurer, even if the owner subsequently reclaims the property from the Treasurer. Enacts new GS 116B­77(c1) to authorize the Treasurer to access a civil penalty of $1,000 for violations of GS 116B­59 by holders, for each day a requirement is not performed, up to a maximum penalty of $25,000, and authorizes the Treasurer to waive interest under GS 116B­77(c1). Effective October 2017, and applicable to property presumed abandoned on or after that date.

Section 4 amends GS 116B­52(11) to redefine  property  to include money that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency or instrumentality, and all income or increments therefrom.

Except as otherwise indicated, the act is effective when it becomes law.

Intro. by Hurley.GS 116B, GS 140, GS 143
H 295 (2017-2018) HEALTH CARE SHARING EXPENSES DEDUCTION. Filed Mar 8 2017, AN ACT TO PROVIDE INCOME TAX RELIEF FOR HEALTH CARE SHARING EXPENSES.

Amends GS 105­153.5(a)(2) to change the calculation of the income tax deduction for medical and dental expenses so that it is equal to the sum of (1) medical and dental expenses used for the calculation under section 213 of the IRS Code and (2)  qualified health care sharing expenses  (defined as the total amount of money paid by a taxpayer toward the health care expenses of the members of the health care sharing organization for which the taxpayer received no reimbursement) for being a member of a health care sharing organization (as defined in GS 58­49­12) during the taxable year, to the extent that the sum exceeds 10% of a taxpayer's adjusted gross income for that taxable year (currently allows the deduction for all medical and dental expenses under section 213 of the IRS Code for the taxable year).

Effective for taxable years beginning on or after January 1, 2018.

Intro. by S. Martin, Dobson.GS 105
H 297 (2017-2018) AMEND HABITUAL DWI. Filed Mar 8 2017, AN ACT TO AMEND THE OFFENSE OF HABITUAL IMPAIRED DRIVING.

Amends 20-138.5(a) to expand the offense of habitual driving to also include when a person drives while impaired, as defined in GS 20-4.01, and has previously been convicted of the offense of habitual impaired driving. Applies to offenses committed on or after December 1, 2017.

Intro. by Jackson, Hurley, Bert Jones, Saine.GS 20
H 298 (2017-2018) 0.00 ALCOHOL RESTRICTION - ALL DWI. Filed Mar 8 2017, AN ACT TO REQUIRE A 0.00 ALCOHOL CONCENTRATION RESTRICTION ON ALL RESTORATION OF LICENSES REVOKED FOR AN IMPAIRED DRIVING OFFENSE.

Amends GS 20-17.8(b), requiring, as a condition of restoration of a driver's license to a person convicted of driving while impaired, the installation of an approved ignition interlock system to prohibit the person from driving with an alcohol concentration of greater than 0.00 (was, 0.04 or greater), providing that the interlock ignition system was required because the convicted person had an alcohol concentration of 0.15.

Amends GS 20-19(c3), requiring, as a condition for the first restoration of a driver's license for a person convicted of driving while impaired or a license revoked under GS 20-23 or GS 20-23.2, that the person not operate a vehicle if the person has an alcohol concentration of greater than 0.00 (was, 0.04) at any relevant time after the driving.

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

Intro. by Jackson, Conrad, Adcock, Warren.GS 20
H 299 (2017-2018) STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB Filed Mar 8 2017, AN ACT TO MAKE CLARIFYING AND ADMINISTRATIVE CHANGES TO THE LAWS RELATING TO THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.

Identical to S 218, filed 3/8/17.

Amends GS 135-48.44(a)(6) to end healthcare coverage for state employees as a result of a false statement or false representation of a material fact regarding eligibility or enrollment information, in addition to the previously specified false statements on the last day of the month.

Amends GS 135-48.40(c)(2) to clarify that individual retirees shall only pay the balance of the total premiums not paid by the State when not prohibited by law, and that the total premium is the sum of the Plan's total employer premium contribution rate plus the employee's or retiree's contribution for individual and dependent coverage.

Amends GS 135-48.42(a) to automatically cover children born to covered employees at the time of birth so long as the Plan receives notification within 30 days of the date of birth and the employee pays any additional premium required by the coverage type selected retroactive to the first day of the month in which the child was born (currently allows covered employees to switch from the coverage outlined in GS 135-48.43(d), type (1), to type (2) or (3) upon the birth of a child). Effective October 1, 2017, and applies to children born to covered employees on or after that date.

Amends GS 135-48.5(a) to change the order of use for unencumbered balances in excess of prepaid premiums or charges in the Public Employee Health Benefit Fund. The unencumbered balance is first used to provide an actuarially determined Health Benefit Reserve Fund for incurred but unpresented claims; secondly, up to 50% of any remaining unencumbered balance may be set aside by the State Treasurer, subject to approval by the Board of Trustees of the State Health Plan for Teachers and State Employees (Board of Trustees), to reduce the State's unfunded actuarial accrued liability for post-employment retiree health benefits; thirdly, to reduce premiums required in providing the benefits of the health benefits programs; and fourthly, to improve the plan as may be provided by the State Treasurer, subject to approval by the Board of Trustees.

Makes conforming changes to GS 135-48.22 (Board Powers and Duties) and GS 135-48.30(a) (Powers and Duties of the State Treasurer)

Enacts new GS 135-48.20(n), protecting persons serving on the Board of Trustees from civil liability for monetary damages for any act, or failure to act, arising from that service, except where the person was not acting within the scope of their official duties, was not acting in good faith, committed gross negligence or willful or wanton misconduct resulting in damages or injury, derived an improper personal financial benefit from the transaction, or incurred the liability from the operation of a motor vehicle.

Intro. by Dobson, Corbin, Clampitt, Henson.GS 135
H 300 (2017-2018) PARTIALLY DISABLED VETERAN/FREE PLATE. Filed Mar 8 2017, AN ACT TO PROVIDE A SINGLE PARTIALLY DISABLED VETERAN REGISTRATION PLATE FREE OF CHARGE TO A PERSON QUALIFIED TO RECEIVE THE PLATE.

Enacts new GS 20­79.7(a)(6) as title indicates. Applies to special registration plates issued or renewed on or after July 1, 2017.

Intro. by Hastings, Brawley, Speciale, Henson.GS 20

The Daily Bulletin: 2017-03-08

PUBLIC/SENATE BILLS
S 42 (2017-2018) REDUCE COST & REG. BURDEN/HOSP. CONSTRUCTION. Filed Feb 7 2017, AN ACT DIRECTING THE MEDICAL CARE COMMISSION TO ADOPT THE RECOMMENDATIONS OF THE AMERICAN SOCIETY OF HEALTHCARE ENGINEERING'S FACILITY GUIDELINES INSTITUTE.

Senate committee substitute to the 1st edition makes the act applicable to any licensee or prospective applicant who seeks to make specified types of alterations or additions to its hospital facilities or to construct new hospital facilities and who submits plans and specifications to the Department of Health and Human Services pursuant to Article 5 of GS Chapter 113E on or after January 1, 2016.

Intro. by Hise, Krawiec, Pate.UNCODIFIED
S 55 (2017-2018) SCHOOL BUS CAMERAS/CIVIL PENALTIES. Filed Feb 8 2017, AN ACT TO AUTHORIZE THE USE OF PHOTOGRAPHIC OR VIDEO EVIDENCE FOR THE CIVIL ENFORCEMENT OF VIOLATIONS FOR PASSING A STOPPED SCHOOL BUS.

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

Amends proposed GS 153A-246(b) to clarify that a county ordinance adopted pursuant to the authority granted under the statute for the civil enforcement of GS 20-217 (provisions making it unlawful to pass a stopped school bus that is receiving or discharging passengers) by means of an automated school bus safety camera does not apply to any violation of GS 20-217 that results in death or injury. 

Amends the required contents of a citation to require including a copy of a statement or electronically generated affirmation of a law enforcement officer (previously, of a county employee or law enforcement officer) stating that the owner's motor vehicle was operated in violation of the ordinance adopted pursuant to new GS 153A-246.

Adds to the proposed provision set forth in subdivision (12) of subsection (b) prohibiting imposing a civil penalty under this statute in a situation where a person is charged in a criminal pleading with a violation of GS 20-217 arising out of the same facts as those for which a civil penalty would be imposed. Requires the charging law enforcement agency to provide written notice to the county office responsible for processing civil citations pursuant to proposed GS 153A-246(b)(7) containing the name and address of the person charged with violation of GS 20-217 and the date of the violation. Directs that after receiving that notice, the county is prohibited from imposing a civil penalty as the previous edition provided. Adds a mandate that a county must issue a full refund of any civil penalty payment received, along with interest as specified, from a person who was charged with a criminal pleading with a violation of GS 20-217 if the civil penalty arose from the same facts as those for which the person was charged in the criminal pleading. Requires the county to provide each law enforcement agency within its jurisdiction the name and address of the county official to whom written notice of persons charged with violation of GS 20-217 is to be given pursuant to subdivision (12) of subsection (b).

Adds subsection (e) to proposed GS 153A-246 to establish that the General Assembly encourages criminal prosecution for violation of GS 20-217 whenever photos or videos recorded by an automated school bus safety camera provide sufficient evidence to support criminal prosecution. 

Intro. by McInnis, Alexander.GS 20, GS 115C, GS 153A
S 100 (2017-2018) AERIAL ADVENTURE FINANCIAL RESPONSIBILITY. Filed Feb 15 2017, AN ACT TO REQUIRE AERIAL ADVENTURE PARKS TO MAINTAIN CERTAIN MINIMUM INSURANCE COVERAGES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON REGULATORY AND RATE ISSUES IN INSURANCE.

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

Amends the definitions for new Article 47 of GS Chapter 66 (Zip Line and Challenge Course Financial Responsibility) set out in proposed GS 66-450. Amends the definitions for canopy tour, challenge course, person, and zip line tour. Adds the term element, and renames the term aerial adventure park to be aerial adventure/trekking park (adds the requirement that access be controlled). Deletes the term owner. Makes conforming changes throughout proposed Article 47 to reflect these changes. 

Amends proposed GS 66-451 concerning the liability insurance requirement. Prohibits a person from owning or operating a zip line, challenge course, or any other similar activity unless the person carries insurance coverage provided by an accepted insurer of at least $1 million per occurrence and $2 million in the aggregate (previously, insurance specifically against liability for injury to persons or property arising out of the operation of such facility or use of such device). Establishes that a person required to be insured under this statute must immediately notify the Commissioner of Insurance (Commissioner) upon receipt of notice of cancellation, suspension, or nonrenewal of the policy. Requires a person operating a zip line, challenge course, or similar activity to provide proof of insurance coverage upon request by the Commissioner (previously, granted the Commissioner authority to request proof of insurance). Directs the Commissioner to prevent or stop operation of the facility or activity upon failure to provide proof of insurance until the person provides proof of the required insurance coverage (previously, granted the Commissioner authority to prevent or stop operation until proof is provided).

Amends proposed GS 66-452 to exempt a zip line or challenge course owned or operated by the State, a unit of local government, or any political subdivision thereof from the provision of new Article 47 (previously, operated by a governmental entity solely for law enforcement or military training purposes).

Deletes directive for the Department of Insurance to adopt permanent rules and to allow the adoption of temporary rules to implement this act. Deletes requirement that permanent rules and any temporary rules be proposed no later than January 15, 2018. Instead, enacts GS 66-453 to direct the Commissioner to adopt rules to implement new Article 47 as enacted.

Makes technical and organizational changes. 

Intro. by Lee, Meredith, Ford.GS 66
S 216 (2017-2018) LOCAL FIREFIGHTER RELIEF FUND REPORTING. Filed Mar 8 2017, AN ACT TO SIMPLIFY VARIOUS LOCAL FIREFIGHTERS' RELIEF FUND BOARD REPORTING REQUIREMENTS.

Amends GS 58­84­40 to direct the North Carolina State Firefighters' Association to certify to the Department of Insurance a list of current members of the local board of trustees appointed pursuant to GS 58­84­30, including the chairman and treasurer of the board, in addition to the information already required.

Amends GS 58­84­41 to require the inclusion of certifications filed under GS 58­84­46 in the already­established database maintained by the North Carolina State Firefighters' Association and the Commissioner of Insurance.

Amends GS 58­84­46 to require the fire chief of each city or county that has a local board of trustees under GS 58­84­30 to file the required certificate of eligibility with the North Carolina State Firefighters' Association (currently authorizes, in addition to the fire chief, the clerk or finance officer of each city or county that has a local board of trustees under GS 58­84­30, and requires the certificate to be filed with the Commissioner). Makes a conforming change. Directs that failure to file the certificate results in the local Firefighters' Relief Fund for that fire department forfeiting the payment next due to its board of trustees, and directs the Association to inform the Commissioner of the local Firefighters' Relief Funds that have not filed the certificate required.

Effective July 1, 2017.

Intro. by Meredith, Edwards, Britt.GS 58
S 218 (2017-2018) STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB Filed Mar 8 2017, AN ACT TO MAKE CLARIFYING AND ADMINISTRATIVE CHANGES TO THE LAWS RELATING TO THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.

Amends GS 135­48.44(a)(6) to end healthcare coverage for state employees as a result of a false statement or false representation of a material fact regarding eligibility or enrollment information, in addition to the previously specified false statements on the last day of the month.

Amends GS 135­48.40(c)(2) to clarify that individual retirees shall only pay the balance of the total premiums not paid by the State when not prohibited by law, and that the total premium is the sum of the Plan's total employer premium contribution rate plus the employee's or retiree's contribution for individual and dependent coverage.

Amends GS 135­48.42(a) to automatically cover children born to covered employees at the time of birth so long as the Plan receives notification within 30 days of the date of birth and the employee pays any additional premium required by the coverage type selected retroactive to the first day of the month in which the child was born (currently allows covered employees to switch from the coverage outlined in GS 135­48.43(d), type (1), to type (2) or (3) upon the birth of a child). Effective October 1, 2017, and applies to children born to covered employees on or after that date.

Amends GS 135­48.5(a) to change the order of use for unencumbered balances in excess of prepaid premiums or charges in the Public Employee Health Benefit Fund. The unencumbered balance is first used to provide an actuarially determined Health Benefit Reserve Fund for incurred but unpresented claims; secondly, up to 50% of any remaining unencumbered balance may be set aside by the State Treasurer, subject to approval by the Board of Trustees of the State Health Plan for Teachers and State Employees (Board of Trustees), to reduce the State's unfunded actuarial accrued liability for post­employment retiree health benefits; thirdly, to reduce premiums required in providing the benefits of the health benefits programs; and fourthly, to improve the plan as may be provided by the State Treasurer, subject to approval by the Board of Trustees.

Makes conforming changes to GS 135­48.22 (Board Powers and Duties) and GS 135­48.30(a) (Powers and Duties of the State Treasurer)

Enacts new GS 135­48.20(n), protecting persons serving on the Board of Trustees from civil liability for monetary damages for any act, or failure to act, arising from that service, except where the person was not acting within the scope of their official duties, was not acting in good faith, committed gross negligence or willful or wanton misconduct resulting in damages or injury, derived an improper personal financial benefit from the transaction, or incurred the liability from the operation of a motor vehicle.

Intro. by Krawiec, Hise, Pate.GS 105, GS 135
S 220 (2017-2018) MOTOR FUEL TAX EXEMPTION FOR JOINT AGENCY. Filed Mar 8 2017, AN ACT TO ALLOW A MOTOR FUEL TAX EXEMPTION FOR CERTAIN JOINT ENTITIES.

Amends GS 105­449.106(a) to allow quarterly refunds of motor fuel taxes for regional solid waste management authorities created under GS Chapter 153A, Article 22, and joint agencies created by interlocal agreements under GS 160A­462 for fire protection, emergency services, or police protection. Makes conforming changes.

Effective July 1, 2017, and applicable to purchases made on or after that date.

Intro. by Sanderson.GS 105
S 222 (2017-2018) SEARCH & RESCUE NAME/FUNDS. Filed Mar 8 2017, AN ACT TO MODIFY THE NAME OF SEARCH AND RESCUE SERVICES AND TO PROVIDE FUNDS FOR SEARCH AND RESCUE OPERATIONS.

Identical to H 189, filed 2/23/17.

Amends Article 6 of GS Chapter 166A to change the title of the Article to State Search and Rescue (was, Urban Search and Rescue).

Adds the term search and rescue team to the defined terms in GS 166A-65. Defines that term to mean a specialized team or group of teams, organized with capabilities equivalent to search and rescue teams established under the Federal Emergency Management Agency (FEMA) in order to assist in the removal of trapped victims during emergencies, including but not limited to collapsed structures, trench excavations, elevated locations, and other technical rescue situations. Eliminates the term "urban search and rescue team," and makes conforming changes to eliminate references to that term and instead reference the "search and rescue team" in GS 166A-65, GS 166A-66, GS 166A-67, GS 166A-68, and GS 166A-69.

Appropriates $2,397,000 in recurring funds from the General Fund to the Department of Public Safety, Division of Emergency Management, for the 2017-18 fiscal year to be used to support the State Search and and Rescue Program. Directs that the funds are to be used in partnership with units of local government to supplement local expenses to purchase equipment, maintain equipment, and provide other items necessary to ensure statewide search and rescue services. Provides that any match requirement established by the Secretary of the Department of Public Safety can be satisfied by the sponsoring local agency with cash payments or in-kind contributions. Effective July 1, 2017.

Intro. by Lee, Krawiec, J. Davis.APPROP, GS 166A
S 223 (2017-2018) EXCLUDE TIERS 1 & 2 FROM JDIG CAP (NEW). Filed Mar 8 2017, AN ACT TO EXCLUDE FROM THE MAXIMUM LIABILITY CAP FOR GRANTS AWARDED UNDER JDIG PROJECTS LOCATED WHOLLY WITHIN A DEVELOPMENT TIER ONE OR TWO AREA OR A COMBINATION THEREOF.

Amends GS 14-7.1, concerning the definition of a felony offense for the purpose of declaring individuals to be a habitual felon, providing that (1) an offense that is a felony and committed under the laws of another state and for which a guilty plea entered or a conviction returned, (2) an offense that is a crime under the laws of another state that does not classify any crimes as felonies but that are punishable by imprisonment for more than a year in state prison and for which a guilty plea has been entered or a conviction returned, and (3) any offense that is a felony under federal law are considered felony offenses for the purposes of determining if an individual is a habitual felon. Makes clarifying and organizational changes.

Intro. by J. Jackson, Britt, Newton.GS 14
S 224 (2017-2018) LANDLORD RECOVERY OF EXPENSES/RULE 60 MOTION (NEW). Filed Mar 8 2017, AN ACT TO ALLOW LANDLORDS TO RECOVER OUT-OF-POCKET EXPENSES IN SUMMARY EJECTMENT CASES.

Amends GS 14-7.25 to include the offense of breaking or entering with the intent to terrorize or injure an occupant of the building (a Class H felony under GS 15-54(a1)) as a habitual breaking and entering status offense that is punishable as provided under Article 2D of GS Chapter 14 (Habitual Breaking and Entering Status Offense). Effective December 1, 2017, and applies to offenses committed on or after that date. 

Intro. by J. Jackson, Britt, Lee.GS 14

The Daily Bulletin: 2017-03-08

LOCAL/HOUSE BILLS
H 281 (2017-2018) SCH. CAL. MODIFICATION/HOKE COUNTY SCHOOLS. Filed Mar 8 2017, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO HOKE COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

Applies only to Hoke County Schools.

Amends GS 115C­84.2 to delete the requirement that a school calendar includes a minimum of 185 days. Authorizes local school boards to adopt school improvements plans that include varying numbers of instructional hours in instructional days occurring in different semesters of the school year, and varying the number of days per instructional semester if hours of instruction remain equivalent between semesters. Directs that when local boards that adopt a school calendar of less than 185 days of instruction, teachers employed for a 10­month term who work or use annual or sick leave for the designated instructional days are deemed to have been employed the equivalent of 185 days of instruction, and compensated as if they had worked those days, and that teachers employed at those schools receive equivalent annual and sick leave, workdays, holidays, salary, and longevity, as teachers who are employed for the same number of months, respectively.

Directs that the opening date for students shall be no earlier than August 10 (currently the Monday closest to August 26). Deletes the provision authorizing the State Board of Education to waive the requirement that an opening date for students be no earlier than the Monday closest to August 26 upon a showing of good cause. Makes conforming changes.

Amends GS 115­174.12(a)(4) to authorize local boards of education that implement school calendars that conclude the fall semester prior to December 31 to administer assessments prior to the conclusion of that semester.

Applies beginning with the 2017­18 school year.

Intro. by Pierce, Goodman.Hoke
H 282 (2017-2018) YADKIN OCCUPANCY TAX MODIFICATION. Filed Mar 8 2017, AN ACT TO MODIFY THE AUTHORIZATIONS FOR OCCUPANCY TAX LEVIES INSIDE YADKIN COUNTY.

Amends SL 2007­340 to re­define the borders of Yadkin County Taxing District Y as that part of Yadkin County located outside of the Town of Jonesville (currently the part of Yadkin County located outside of incorporated areas within the county).

Directs the governing body of Yadkin County District Y and the Yadkin County Board of Commissioners to adopt any resolutions or modify any adopted resolutions to carry out the provisions of this act.

Repeals SL 2007­340 sections 7 and 8, concerning the Yadkinville occupancy tax.

Amends GS 160A­215(g) to delete the town of Yadkinville from the list of cities to which the statute (uniform provisions for room occupancy tax) applies.

Effective July 1, 2017.

Intro. by Zachary.Yadkin
H 286 (2017-2018) SCHOOL CALENDAR FLEX./CUMBERLAND COUNTY. Filed Mar 8 2017, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CUMBERLAND COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

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 local board of education for the Cumberland County Schools with additional flexibility in adopting their school calendar.

Applies beginning with the 2017-18 school year.

Intro. by Lucas, Floyd, W. Richardson, Szoka.Cumberland
H 287 (2017-2018) RED LIGHT CAMERAS/HOPE MILLS & SPRING LAKE. Filed Mar 8 2017, AN ACT TO MAKE CHANGES TO THE LAW GOVERNING RED LIGHT CAMERAS IN THE TOWNS OF HOPE MILLS AND SPRING LAKE.

Amends SL 2007-341, amending GS 160A-300.1, to authorize the Towns of Hope Mills and Spring Lake to adopt ordinances for the civil enforcement of GS 20-158 (concerning control of vehicles at intersections) by means of a traffic camera as set forth in GS 160A-300.1 as amended.

Further amends GS 160A-300.1(c), as amended by SL 2007-341, to establish that a municipality enacting an ordinance implementing a traffic control camera can enter into a contract with a contractor for the lease, lease-purchase, or purchase of the system. Limits the municipality to entering into only one lease, lease-purchase, or purchase of the system, and for a contract of no more than 60 months. Provides that the system will either be the property of the municipality or returned to the contractor upon the expiration of the contract.

Further increases the civil penalty for a violation detected by the traffic camera from $75 to $100. Effective October 1, 2017, and applies to violations committed on or after that date. 

Expressly authorizes both the Towns of Hope Mills and Spring Lake and the Cumberland County Board of Education to enter into an interlocal agreement to effectuate the purpose and intent of GS 160A-300.1 and this act. Provides that any such agreement can include provisions on cost-sharing and reimbursement that the Cumberland County Board of Education and either the Town of Hope Mills or the Town of Spring Lake freely and voluntarily agree to for the purpose of effectuating the provisions of GS 160A-300.1 and this act. 

This act applies only to the Towns of Hope Mills and Spring Lake and the Cumberland County Board of Education. 

Effective July 1, 2017.

Intro. by Lucas, Szoka, W. Richardson, Floyd.Cumberland
H 288 (2017-2018) TOWN OF RAYNHAM/EXTEND MAYOR'S TERM OF OFFICE. Filed Mar 8 2017, AN ACT TO AMEND THE CHARTERS OF THE TOWNS OF RAYNHAM AND ORRUM TO EXTEND THE TERM OF OFFICE FOR THE MAYOR OF RAYNHAM AND MAYOR OF ORRUM FROM TWO YEARS TO FOUR YEARS; TO EXTEND FOR THE TOWN COUNCIL OF ORRUM FROM TWO YEARS TO FOUR YEARS; AND TO ALLOW FOR ELECTIONS FOR ALL TOWN OFFICERS IN RAYNHAM AND ORRUM TO BE CONDUCTED ON THE SAME SCHEDULE.

Amends SL 1975-388, as amended, to extend the term for the Mayor of Raynham from two years to four years, beginning in 2017.

Intro. by Pierce.Robeson
H 290 (2017-2018) ABOLISH COLUMBUS COUNTY CORONER. Filed Mar 8 2017, AN ACT ABOLISHING THE OFFICE OF CORONER IN COLUMBUS COUNTY.

Identical to S 185, filed 3/6/17.

Abolishes the office of coroner in Columbus County, and exempts Columbus County from GS Chapter 152 (Coroners).

Intro. by Brenden Jones.Columbus
H 291 (2017-2018) SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS. Filed Mar 8 2017, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CERTAIN SCHOOL SYSTEMS IN ADOPTING THE SCHOOL CALENDAR.

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 local boards of education for the Bladen County Schools, Columbus County Schools, Robeson County Schools, and Whiteville City Schools with additional flexibility in adopting their school calendars.

Applies beginning with the 2017-18 school year.

Intro. by Brenden Jones, Goodman.Bladen, Columbus, Robeson
H 293 (2017-2018) ONSLOW/PENDER BD. ED. PARTISAN/SWAIN CLARIFY. Filed Mar 8 2017, AN ACT TO CHANGE THE MANNER OF ELECTION FOR THE ONSLOW COUNTY BOARD OF EDUCATION AND THE PENDER COUNTY BOARD OF EDUCATION FROM NONPARTISAN TO PARTISAN AND TO CLARIFY THE ELECTION METHOD FOR THE SWAIN COUNTY BOARD OF EDUCATION.

Changes elections for the Board of Education of Onslow County under SL 1993-583 from nonpartisan elections to partisan elections, beginning in 2018. Directs elections for the Board of Education to be held at the time of the general election in each even-numbered year as terms expire, and to be held and conducted in accordance with GS Chapters 115C and 163. Directs vacancies for seats elected on a partisan basis to be filled in accordance with GS 115C-37.1, and vacancies for seats elected on a nonpartisan basis in 2014 or 2016 to be filled in accordance with GS 115C-37(f). Directs newly elected members to take office the first Monday of December of the year of their election. Does not affect the terms of members elected in the 2014 or 2016 elections, and directs those members to serve until a successor has been elected and qualified. Makes conforming changes.

Repeals SL 1967-1174 containing the provisions setting forth the election method for the Board of Education in Swain County. Establishes that the Swain County Board of Education consists of five members to be nominated and elected on a partisan basis at the time of the general election in each even-numbered year as terms expire, to be held and conducted in accordance with GS Chapters 115C and 163. Provides for declaration of nominees for a political party with no primary election when the number of candidates filing notice of candidacy is less or equal to the number of offices to be filled. Provides that two members are to be elected to serve four-year terms in 2018 and quadrennially thereafter, and three members are to be elected to serve four-year terms in 2020 and quadrennially thereafter. Directs newly elected members to take office the first Monday of December of the year of their election. Directs vacancies for seats elected on a partisan basis to be filled in accordance with GS 115C-37.1. Directs that an organizational meeting is to be held on the first Monday in December, and biennially thereafter, to elect a chair and other necessary officers. Does not affect the terms of members elected in the 2014 or 2016 elections, and directs those members to serve until a successor has been elected and qualified.

Makes conforming changes to GS 115C-37.1 to include Onslow and Swain counties in the specified counties to which the provisions concerning vacancies in offices of county boards elected on a partisan basis apply. Effective on the first Monday in December of 2018.

Intro. by Cleveland, Shepard, Millis, Clampitt.Onslow, Swain
H 296 (2017-2018) SCHOOL CALENDAR FLEXIBILITY/MOORE COUNTY. Filed Mar 8 2017, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO MOORE COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

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 local board of education for the Moore County Schools with additional flexibility in adopting its school calendar by allowing the opening date for students to be set no earlier than August 10 (currently, no earlier than the Monday closest to August 26). Eliminates provisions allowing the State Board of Education to waive the opening date requirement upon a showing of good cause by the local board of education. Makes conforming changes. 

Amends GS 115C-174.12(a)(4), concerning the responsibilities of the State Board of Education in establishing student assessment policies, to permit a local board of education that has implemented a school calendar that concludes the fall semester prior to December 31 to administer assessments prior to the conclusion of that semester. 

Limits application to Moore County Schools. Applies beginning with the 2017-18 school year.

Intro. by McNeill, Boles.Moore

The Daily Bulletin: 2017-03-08

LOCAL/SENATE BILLS
S 215 (2017-2018) CHAPEL HILL-CARRBORO SCHOOL CALENDAR PILOT. Filed Mar 8 2017, AN ACT TO AUTHORIZE THE CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION TO OPERATE A SCHOOL CALENDAR FLEXIBILITY PILOT PROGRAM.

Authorizes the Chapel Hill­-Carrboro City Schools Board of Education (Board) to operate a school calendar flexibility pilot program (Program) allowing the Board to set opening and closing dates for its schools to determine the impact of school calendar flexibility for opening and closing dates on student achievement and design innovative school programs. Directs the Board to submit specific calendar changes made to the State Board of Education and to publish the changes on its website. Authorizes the Board to conduct surveys of parents and personnel when proposing changes.

Directs that the Program shall begin with the 2017­18 school year and end with the 2021­22 school year. Directs the Board to report annually to the Department of Public Instruction on information including the actual dates for opening and closing the public schools and the impact of the Program on student achievement.

Directs the Department of Public Instruction to report annually on October 15, beginning in 2018, to the Joint Legislative Education Oversight Committee on implementation and administration of the Program, data on student achievement, and recommendations on the modification, continuation, and expansion of the Program statewide.

Intro. by Foushee.Orange
S 217 (2017-2018) RICHMOND/RIGHT-OF-WAY SAFETY. Filed Mar 8 2017, AN ACT TO PROHIBIT THE DISCHARGE OF A FIREARM OR BOW AND ARROW FROM THE RIGHT-OF-WAY IN RICHMOND COUNTY.

Makes it a Class 3 misdemeanor to discharge a firearm or bow and arrow, or attempt to discharge a firearm or bow and arrow, from, on, across, or over the roadway or right-of-way of any public road in Richmond County. Clarifies that any unpaved roads within the Wildlife Resources Commission's Sandhills Game Land is not included as a public road for purposes of this provision. Provides that this provision is enforceable by law enforcement of the Wildlife Resources Commission, sheriffs and deputy sheriffs, and other peace officers with general subject matter jurisdiction. Applies only to Richmond County. Effective October 1, 2017, and applies to offenses committed on or after that date. 

Intro. by McInnis.Richmond
S 219 (2017-2018) INDIAN BEACH ANNEX/MOREHEAD CITY CHARTER CHGS (NEW). Filed Mar 8 2017, AN ACT TO ADD CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF INDIAN BEACH AND TO AMEND THE CHARTER OF THE TOWN OF MOREHEAD CITY.

Blank bill.

Intro. by Sanderson.Carteret, Craven, Pamlico
S 221 (2017-2018) SCHOOL CALENDAR FLEXIBILITY/GUILFORD COUNTY. Filed Mar 8 2017, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO GUILFORD COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

Identical to H 210, filed 2/28/17.

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 local board of education for the Guilford County Schools with additional flexibility in adopting its school calendar. Limits application of this provision to the Guilford County Schools.

Applies beginning with the 2017-18 school year.

Intro. by Robinson.Guilford
S 225 (2017-2018) ABOLISH CLEVELAND COUNTY CORONER. Filed Mar 8 2017, AN ACT ABOLISHING THE OFFICE OF CORONER IN CLEVELAND COUNTY.

Abolishes the office of coroner in Cleveland County, and exempts Cleveland County from GS Chapter 152 (Coroners). Effective on the earlier of a vacancy in the office of coroner in Cleveland County or the expiration of the current term of office in 2018.

Intro. by Daniel.Cleveland
S 226 (2017-2018) SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS. Filed Mar 8 2017, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CERTAIN SCHOOL SYSTEMS IN ADOPTING THE SCHOOL CALENDAR.

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 local boards of education for the Bertie County Schools, Edenton-Chowan County Schools, Edgecombe County Schools, Halifax County Schools, Hertford County Schools, Martin County Schools, Nash-Rocky Mount Schools, Northampton County Schools, Roanoke Rapids Graded School District, Tyrrell County Schools, Vance County Schools, Warren County Schools, Washington County Schools, Wilson County Schools, and Weldon City Schools with additional flexibility in adopting their school calendars.

Applies beginning with the 2017-18 school year.

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2017-03-08

PUBLIC BILLS

H 2: PROVIDE CERTAIN PROPERTY TAX RELIEF.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 11: HANDICAP PARKING PRIVILEGE CERTIFICATION.

    House: Withdrawn From Cal
    House: Placed On Cal For 03/13/2017
    House: Withdrawn From Cal
    House: Placed On Cal For 03/14/2017

H 16: NEW HANOVER COUNTY SHELLFISH LEASE MORATORIUM (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 17: OFFICE OF STATE AUDITOR/CORRECTIVE ACTION/PED.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

H 18: STATE AGENCIES MUST USE EPROCUREMENT/PED.

    House: Serial Referral To Appropriations Stricken
    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 59: REVENUE LAWS TECHNICAL CHANGES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 76: INCREASE FIRE & RESCUE PENSION BENEFIT.

    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 89: HOUSING AUTHORITY TRANSFERS.

    House: Reptd Fav
    House: Re-ref Com On Finance

H 95: TRUCK DELIVERIES TO PORT/NIGHT TRAVEL.(NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/09/2017

H 100: RESTORE PARTISAN ELECTIONS/SUP. & DIST. COURT.

    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 115: RETIREMENT TECHNICAL CORRECTIONS ACT OF 2017.-AB

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 119: CLARIFY VACANCY ELECTIONS - COUNTY COMMISSION.

    Pres. To Gov. 3/8/2017

H 156: EYEGLASSES EXEMPTION FROM MEDICAID CAPITATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 194: SBCC ELECTIONS.

    Senate: Withdrawn From Com
    Senate: Placed On Cal For 03/09/2017

H 199: ESTABLISH STANDARDS FOR SURGICAL TECHNOLOGY.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Withdrawn From Cal
    House: Placed On Cal For 03/13/2017
    House: Withdrawn From Cal
    House: Placed On Cal For 03/09/2017

H 205: WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/09/2017
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/09/2017
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/09/2017

H 215: STATE OF STATE.

    Senate: Withdrawn From Com
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 239: REDUCE COURT OF APPEALS TO 12 JUDGES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/09/2017

H 240: GA APPOINT FOR DISTRICT COURT VACANCIES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/09/2017

H 241: SPECIAL SUP. CT. JUDGESHIP APPOINTED BY GA.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/09/2017

H 260: ATTORNEY GENERAL/NORTH SHORE RD. PAYMENT.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary I

H 261: DISPLACED RESIDENTIAL LAND TAX DEFERRAL.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government II, if favorable, Finance

H 263: UCC: ACCORD & SATISFACTION MODIFICATION.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce and Job Development, if favorable, Judiciary I

H 264: DISQUALIFY CERTAIN PROPERTY FROM PUV.

    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Finance

H 266: TERMINATE AGREEMENT FOR TOLLING OF I-77.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 267: UTILITIES/AMEND REPS REQUIREMENTS.

    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Finance

H 270: THE HALEY HAYES NEWBORN SCREENING BILL.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Finance, if favorable, Appropriations

H 271: REPEAL PLASTIC BAG BAN.

    House: Passed 1st Reading
    House: Ref To Com On Environment

H 273: CHARTER SCHOOLS IN STATE HEALTH PLAN.

    House: Passed 1st Reading
    House: Ref to the Com on Pensions and Retirement, if favorable, Appropriations

H 274: INCREASE PENALTIES FOR DEBT ADJUSTING.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce and Job Development, if favorable, Judiciary II

H 275: NO STORMWATER FEES ON TAXIWAYS OR RUNWAYS.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government II, if favorable, Finance

H 276: STRENGTHEN YOUTH TOBACCO USE PREVENTION/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Appropriations

H 277: NATUROPATHIC STUDY (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Health
    House: Passed 1st Reading
    House: Ref To Com On Health

H 279: FANTASY SPORTS REGULATION.

    House: Filed

H 280: JUVENILE JUSTICE REINVESTMENT ACT.

    House: Filed

H 283: DHHS RECOMMEND TELEMEDICINE POLICY (New)

    House: Filed

H 284: 25-YEAR LEO RETIREMENT OPTION.

    House: Filed

H 285: SUICIDE PREVENTION/AWARENESS SCHOOL PERSONNEL.

    House: Filed

H 289: LIVING WAGE BY 2022.

    House: Filed

H 292: DISAPPROVE CAPE FEAR RULES.

    House: Filed

H 294: UNCLAIMED PROPERTY NOTICE REQUIREMENTS.-AB

    House: Filed

H 295: HEALTH CARE SHARING EXPENSES DEDUCTION.

    House: Filed

H 297: AMEND HABITUAL DWI.

    House: Filed

H 298: 0.00 ALCOHOL RESTRICTION - ALL DWI.

    House: Filed

H 299: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB

    House: Filed

H 300: PARTIALLY DISABLED VETERAN/FREE PLATE.

    House: Filed

S 8: BLDG. CODE EXEMPT/AIRPORT CHANGES (NEW).

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 42: REDUCE COST & REG. BURDEN/HOSP. CONSTRUCTION.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 55: SCHOOL BUS CAMERAS/CIVIL PENALTIES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 63: MILITARY AFFAIRS COMMISSION/STRATEGIC PLAN.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 75: CONST. AMD. - MAX. INCOME TAX RATE OF 7.0% (NEW).

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 88: LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary III

S 100: AERIAL ADVENTURE FINANCIAL RESPONSIBILITY.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 192: CONSOLIDATE STATE OFFICES/DIGITAL DOCS REQ'D.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 196: VETERINARY PRACTICE OMNIBUS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 197: ADOPT BOBCAT AS STATE CAT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 198: STUDY EFFICACY OF FILM CREDIT VERSUS GRANT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 199: LAW ENFORCEMENT OFFICER RETIREMENT/25 YEARS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 203: ESTABLISH OWNERSHIP OF MINERAL RIGHTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 204: ALLOW CONCEALED CARRY ON UNC & CC CAMPUSES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 205: RESOLUTION TO ALLOW SAV OYSTER LEASING.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 206: MUNICIPAL ELECTIONS IN EVEN-NUMBERED YEARS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 208: COUNTIES/INTERNET INFRASTRUCTURE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 209: NONPARTISAN REDISTRICTING COMMISSION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 210: LIVING WAGE BY 2022.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 211: CHARTER SCHOOLS/HIGHER ED.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 212: ABC ELECTIONS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 213: MILITARY STATE INCOME TAX RELIEF.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 216: LOCAL FIREFIGHTER RELIEF FUND REPORTING.

    Senate: Filed

S 218: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB

    Senate: Filed

S 220: MOTOR FUEL TAX EXEMPTION FOR JOINT AGENCY.

    Senate: Filed
    Senate: Filed

S 222: SEARCH & RESCUE NAME/FUNDS.

    Senate: Filed

S 223: EXCLUDE TIERS 1 & 2 FROM JDIG CAP (NEW).

    Senate: Filed
    Senate: Filed
    Senate: Filed
    Senate: Filed

S 224: LANDLORD RECOVERY OF EXPENSES/RULE 60 MOTION (NEW).

    Senate: Filed
    Senate: Filed

Actions on Bills: 2017-03-08

LOCAL BILLS

H 55: APEX/CARY/POLICE ASSISTANCE ON SCHOOL GROUNDS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 58: CHARLOTTE FIREFIGHTERS' RETIREMENT SYSTEM.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 262: KANNAPOLIS DEANNEXATION.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government I, if favorable, Finance

H 265: PARTISAN ELECTIONS/CERTAIN SCHOOL BOARDS.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government I, if favorable, Elections and Ethics Law

H 268: CITY OF BELMONT CHARTER REVISIONS.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government I, if favorable, Finance

H 269: SCHOOL CALENDAR FLEX./PERSON COUNTY.

    House: Passed 1st Reading
    House: Ref To Com On Education - K-12

H 272: FOX AND COYOTE TRAPPING/YADKIN COUNTIES. (NEW)

    House: Passed 1st Reading
    House: Ref To Com On Wildlife Resources
    House: Passed 1st Reading
    House: Ref To Com On Wildlife Resources

H 281: SCH. CAL. MODIFICATION/HOKE COUNTY SCHOOLS.

    House: Filed

H 282: YADKIN OCCUPANCY TAX MODIFICATION.

    House: Filed

H 286: SCHOOL CALENDAR FLEX./CUMBERLAND COUNTY.

    House: Filed

H 287: RED LIGHT CAMERAS/HOPE MILLS & SPRING LAKE.

    House: Filed

H 288: TOWN OF RAYNHAM/EXTEND MAYOR'S TERM OF OFFICE.

    House: Filed

H 290: ABOLISH COLUMBUS COUNTY CORONER.

    House: Filed

H 291: SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS.

    House: Filed

H 293: ONSLOW/PENDER BD. ED. PARTISAN/SWAIN CLARIFY.

    House: Filed
    House: Filed

H 296: SCHOOL CALENDAR FLEXIBILITY/MOORE COUNTY.

    House: Filed

S 191: 28TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 193: 37TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 194: SCHOOL CALENDAR FLEX./CALDWELL COUNTY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 195: SCHOOL CALENDAR FLEX./WATAUGA COUNTY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 200: 7TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 201: SCHOOL CALENDAR FLEXIBILITY/CERTAIN SYSTEMS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 202: 23RD SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 207: 34TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 214: 49TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 215: CHAPEL HILL-CARRBORO SCHOOL CALENDAR PILOT.

    Senate: Filed

S 217: RICHMOND/RIGHT-OF-WAY SAFETY.

    Senate: Filed

S 219: INDIAN BEACH ANNEX/MOREHEAD CITY CHARTER CHGS (NEW).

    Senate: Filed
    Senate: Filed

S 221: SCHOOL CALENDAR FLEXIBILITY/GUILFORD COUNTY.

    Senate: Filed

S 225: ABOLISH CLEVELAND COUNTY CORONER.

    Senate: Filed

S 226: SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS.

    Senate: Filed

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