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.

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.

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. 

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.

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.

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.

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.

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.

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.