House amendment #1 makes the following changes to the 1st edition. Amends GS 20-37.6(c1) by limiting the instances in which a licensed certified nurse midwife may certify that an applicant is handicapped to the initial application for a temporary removable windshield placard only (was, for the initial application for a distinguished license plate, removable windshield placard, or temporary removable windshield placard).
The Daily Bulletin: 2017-03-14
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The Daily Bulletin: 2017-03-14
Intro. by Adcock, Dobson, Hardister, Cunningham. | GS 20 |
House committee substitute makes the following changes to the 1st edition.
Amends the long title of the bill.
Amends GS 15A533(f1). Deletes the reference to aggravating factors in sentencing in the definition of violent felony. Redefines drug offense to mean a violation of GS 9095, other than a violation of GS 9095(a)(3) punishable pursuant to GS 9095(d) (currently the exception is for violation for mere possession of a controlled substance).
Amends the caption for Part IV of the bill. Clarifies that the judicial authorization required for a law enforcement agency to securely transport an alien does not come from the Governor, but that executive authorization does. Deletes Sections 4(b), 4(c), and 4(d) of the bill (instructing the Secretary of Revenue to withhold certain funds from a county or city in violation of the statute).
Adds new part V (Creation of additional incentives for local governments to comply with state laws related to immigration). Enacts new GS Chapter 64, Article 3, Local Government Noncompliance with State Laws Related to Immigration, setting out specific findings of the General Assembly, including that the policy objectives of the General Assembly are frustrated when cities, counties, and law enforcement agencies do not uniformly comply with State law, and that supreme power and complete discretion over State funds appropriations can be used to create additional incentives for compliance. Sets out three definitions in use for the Article, including affected local government, law enforcement agency, and state law related to immigrationdefined as GS 153A145.5 (prohibition on adoption of sanctuary ordinances), or GS 160A205.2 (prohibition on adoption of sanctuary ordinances).
Directs the Attorney General (AG) to create a form upon which individuals can allege that a city, county, or law enforcement agency is currently not in compliance with a State law related to immigration. The form is to be made available on the AG's website and once completed the form should be sent to the AG. No Social Security number or notarization is required on theform. Anonymous statements submitted on a nonprescribed form are not prohibited from consideration, but all complaints orallegations must be made having a good faith belief.
Requires the AG to begin an investigation into the allegations of noncompliance within 45 days of receipt of filed statement, with a final determination and conclusion of the investigation within 60 days of the investigation's commencement. The AG is authorized to ask for assistance from the State Bureau of Investigation in conducting the investigation. Further directs local governments to produce records or documents related to the investigation within 10 business days of request by the AG. Provides that statements, records, reports, and other investigative documents are confidential and not public records until the investigation is complete or 60 days have elapsed since the investigation was commenced. Authorizes local governments to request that confidential documents be made public.
Sets out consequences of a determination that an affected local government is not in compliance with State law related to immigration. The five consequences include ineligibility for specified state distributions for a fiscal year and that the AG will notify the affected local governments, the chairs of the Appropriations Committees of the Senate and House of Representatives, the chairs of the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, and the Secretary of Revenue of the noncompliance determination and of the duration of the period of ineligibility to receive funds. Also includes provisions detailing consequences of the AG receiving notification of noncompliance with Everify. Sets out specific entities to which the consequences of noncompliance with EVerify regulations apply. No enactment must be construed as an exception to the statute unless it specifically mentions this statute. Sets out procedures and administrative guidelines for the AG, including reporting requirements. Requires the AG to maintain a database of those entities ineligible for funds and to report to the Joint Legislative Commission on Governmental Operations on a quarterly basis concerning the numbers of statements, investigations, consequences rendered, and the names of those entities found not to be in compliance. Further states that the AG's determination is only appealable to the extent required by the United States and North Carolina Constitutions, and delays the imposition of consequences for noncompliance while the appeal is pursued. Consequences last for the same length of time after an unsuccessful appeal as they would had no appeal been made, regardless of which fiscal years the consequences would occur in. Authorizes the AG to designate an official to carry out the duties of this regulation, and that the AG must promulgate rules needed to implement this Article.
Provides for a private enforcement action against entities that are not in compliance with State law concerning immigration, in the Superior Court of Wake County; an individual can seek relief in the form of declaratory and injunctive relief. Allows prevailing parties to receive attorneys' fees and court costs.
Amends GS 143133.3 to direct the Commissioner to notify the AG of any violation of GS 143133.3 by a political subdivision of the state, so that the AG can take action. Further directs the Commissioner to notify the AG if, within 60 days of the Commissioner's determination of a violation, the subdivision fails to demonstrate compliance.
Directs the AG's office to take reasonable steps to notify local governments of the provisions of this act so the local governments can take appropriate steps to comply.
Makes conforming changes to GS 13641.1, GS 105113.82, GS 105164.44F, GS 105164.44I, GS 105164.44L, and GS 105187.19(b)
Amends GS 143B919 to authorize the State Bureau of Investigation to investigate local government noncompliance with State laws related to immigration, at the request of the AG.
New Part V is effective August 1, 2017.
House committee substitute makes the following changes to the 1st edition.
Amends GS 90-153.1 to provide that any chiropractor licensed under Article 8 of GS Chapter 90 by the Board of Chiropractic Examiners is subject to disciplinary action under new GS 90-154(b)(22) (was, GS 90-154-(b)(4)). Also deletes the provisions that made a licensed chiropractor who failed to comply with new GS 90-153.4 guilty of unethical conduct. Makes organizational changes.
Enacts new GS 90-154(b)(22) to make failing to comply with new GS 90-153.1 while performing a chiropractic peer review subject to disciplinary action by the Board of Chiropractic Examiners, which includes the sanctions listed in subsection a of the statute.
Intro. by Conrad, Lambeth, Setzer. | GS 90 |
House committee substitute makes the following changes to the 1st edition. Changes the requirements for exclusion from the motorcycle learner's permit or motorcycle endorsement requirements to require that the scooter have a motor that produces less than (was, more than) eight horsepower.
Intro. by Speciale. | GS 20 |
House committee substitute makes the following changes to the 1st edition.
Clarifies that the re-enacted provisions had been repealed by Section 1(b) of SL 2014-96 (was, repealed by GS 20-79.8).
Intro. by Gill, Pierce, Holley, B. Richardson. | GS 20 |
House committee substitute makes the following changes to the 1st edition.
Amends GS 115C-296(e) as follows. Makes clarifying organizational changes. Adds that a principal may determine that a retired teacher is the most appropriate mentor for a new teacher.
Intro. by Conrad, Elmore, J. Bell. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Amends GS 130A-309.11 to require a public information hearing before the renewal (in addition to the issuance) of a permit for the construction, operation, expansion, or modification of a solid waste management facility that will produce compost from solid waste or solid waste co-composted with other wastes. Amends the notice requirements to now require the Department of Environmental Quality to give notice of the public information hearing at least 15 days and no more than 30 days before the hearing by publication on the Department's website, by publication in a daily or weekly local newspaper of general circulation, and by any other method deemed necessary or appropriate by to give actual notice of the activities to persons potentially affected. Prohibits issuing or renewing (was issuing) a permit less than 90 days after the required public information hearing. Makes conforming changes.
Intro. by Howard, McElraft, McGrady, Setzer. | GS 130A |
Amends GS 20-11(e)(2), as the title indicates.
Intro. by Butler, Iler, Reives, Torbett. | GS 20 |
Amends GS 15A300.1(a) to incorporate the the definition of model aircraft into the definition of unmanned aircraft.
Repeals GS 15A300.1(d) (Limitations on use of special imaging technology).
Enacts new GS 15A300.1(c1) to allow emergency management agencies to use unmanned aircraft systems for all functions and activities related to emergency management.
Amends GS 6396 to revise the minimum age for permits for commercial operation of unmanned aircraft systems to mirror the minimum age required by federal regulation for operation of an unmanned aircraft system (was, 16 years of age). Requires a valid governmentissued photographic identification acceptable to the Federal Aviation Administration for issuing authorization to operate an unmanned aircraft system (was, a valid driver's license). Directs the Department of Transportation, Division of Aviation (Division), to make its criteria and requirements for issuing permits to operate an unmanned aircraft system for commercial purposes no more restrictive than the rules or regulations adopted by the Federal Aviation Administration's criteria and requirements for operating an unmanned aircraft system for commercial purposes. Makes conforming changes.
Repeals GS 90171.80 through GS 90171.94 (Nurse Licensure Compact).
Enacts new GS 90171.95 through GS 90171.95J, as described below.
Specifies legislative findings and the purposes of the nurse licensure compact.
Defines several terms, including alternative program (nondisciplinary monitoring program approved by a licensing board), coordinated licensure information system (CLIS) (integrated process for collecting, storing, and sharing information on nurse licensure and related enforcement activities, administered by a nonprofit organization composed of and controlled by licensing boards), home state (party state which is the nurse's primary state of residence), and party state (any state that has adopted the Compact).
Provides that a multistate license to practice registered or licensed practical/vocational nursing issued by a home state to its resident will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or licensed practical/vocational nurse (LPN/VN) under a multistate licensure privilege. Requires states to implement specified procedures for considering the criminal records of applicants for initial multistate license. Specifies 11 requirements for an applicant to obtain or retain a multistate licensure privilege, including educational and criminal record requirements. Authorizes all party states to take adverse action against a nurse's multistate licensure privilege, and directs states who take such action to promptly notify the administrator of the CLIS. Directs the administrator to promptly notify the home state of any adverse actions by remote states. Requires nurses practicing in a party state to comply with the nursing practice laws of the state where the client is located, and subjects a nurse practicing in a party state under a multistate licensure privilege to the jurisdiction of that state's licensing board, courts, and laws. The Compact does not affect the requirements established by a party state for the issuance of a singlestate license. Provides that any nurse holding a home state multistate license, on the effective date of this Compact, may retain and renew the license issued by the nurse's thencurrent home state, so long as a nurse who changes primary state of residence after the Compact's effective date meets the licensure requirements to obtain a multistate license from a new state, and a nurse whose failure to satisfy the licensure requirements due to a disqualifying event occurring after this Compact's effective date is ineligible to retain or renew a multistate license.
Directs the licensing board in a party state to ascertain, through the CLIS, whether an applicant for a multistate license has ever held a license issued by any other state, whether there are any encumbrances on or adverse actions against a license held by the applicant, and whether the applicant is participating in an alternative program. Directs that a nurse may only hold a multistate license in one party state at a time. Requires a nurse who changes primary state of residence to apply for licensure in the new home state. Authorizes nurses to apply for licensure in advance of a change in primary state of residence, and directs that the new home state not issue a license until the nurse provides satisfactory evidence of a change in primary state of residence and satisfies all applicable multistate license requirements. If a nurse moves from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a singlestate license, only valid in the former home state.
Authorizes a licensing board to take adverse action against a nurse's multistate licensure privilege to practice within a party state, to issue cease and desist orders on a nurse's authority to practice within that state, to complete pending investigations of a nurse who changes primary state of residence during the course of an investigation, to issue subpoenas, to obtain and submit fingerprint or other biometric information to the Federal Bureau of Investigation for criminal background checks, to recover from affected nurses the costs of investigations and disposition of cases resulting from adverse actions against that nurse as allowed by state law, and to take adverse action based on the factual findings of a remote state. Provides that adverse actions taken by a home state against a multistate license deactivates the multistate licensure privilege in all other party states. Directs that a home state licensing board must deactivate a multistate licensure privilege for a nurse participating in an alternative program, for the duration of the nurse's participation in the program.
Directs all party states to participate in a CLIS. Directs the Interstate Commission of Nurse Licensure Compact Administrators (Commission) to formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact. Directs licensing boards to promptly report to the CLIS any adverse action, current significant investigative information, application denials, and participation in alternative programs known to the licensing board. Provides that certain information in the CLIS may be transmitted only to party state licensing boards, and may not be shared with nonparty states or disclosed to other entities, and provides for the expungement of information in the CLIS consistent with state laws. Directs the Compact administrator of each party state to furnish a specified uniform data set to the Compact administrator of each other party state, as well as all investigative documents requested by another party state.
Establishes the Commission. Directs that each party state has one administrator (the head of the state licensing board or designee), entitled to one vote with regard to the promulgation of rules and creation of bylaws. Directs that the commission meets at least once during each calendar year, with additional meetings held consistent with the Commission's rules and bylaws. Meetings are open and public, and require public notice. Authorizes the Commission to meet in a closed, nonpublic meeting to discuss any of ten specified topics, including the noncompliance of a party state with its Compact obligations, and employment matters. Directs the Commission to keep minutes of a closed meeting, and to provide a summary of actions taken, and the reasons therefor, including a description of the views expressed, to be kept under seal subject to release by a majority vote of the Commission or court order. Directs the Commission to prescribe bylaws and rules to govern its conduct, including the establishment of the Commission's fiscal years, procedures for calling and conducting meetings, and other topics. Directs the Commission to publish its bylaws and rules on its website. Directs the Commission to maintain its financial records, and to meet and take actions consistent with the Compact and its bylaws. Delegates fifteen powers to the Commission, including the power to adopt rules to facilitate the administration of the Compact, having the force of binding law on all party states, to bring and prosecute legal proceedings in its name, and to borrow money. Directs the Commission to pay for the reasonable expenses of its establishment, organization, and activities. Authorizes the Commission to levy and collect annual assessments from party states to cover the costs of its operations. Directs the Commission not to incur obligations prior to securing the funds adequate to meet them. Directs the Commission to keep accurate accounts of all receipts and disbursements, subject to annual audit. Provides that the administrators, officers, executive director, employees, and representatives of the Commission are immune from suit and liability for any claim arising within the scope of Commission employment, duties, or responsibilities, except for intentional, willful, or wanton misconduct, and directs the Commission to defend against any such suit against its administrators and so forth and to indemnify and hold harmless any such administrator and so forth for the amount of any settlement or judgment obtained against that person arising from the scope of their Commission employment, duties, or responsibilities.
Directs the Commission to exercise its rulemaking powers subject to the criteria set forth in this Article and the rules adopted thereunder. Directs that rules have the same force and effect as provisions of this Compact. Directs that rules or amendments are to be adopted at regular or special meetings of the Commission. Requires 60 days' notice of the promulgation and adoption of a final rule by the Commission, including the time, date, and location of the meeting at which the rule will be considered and voted upon, the text of and reason for the proposed rule, a request for comments, and the manner of submitting comments. Directs Commission to allow the public to submit written data, facts, opinions, and arguments, and to hold a public hearing prior to adopting a rule, as specified. Directs the Commission to consider all written and oral comments received, and to take final action on the proposed rule by majority vote of all administrators. Allows the consideration and adoption of an emergency rule without prior notice, opportunity for comment, or hearing, so long as the usual rulemaking procedures described above are retroactively applied to the rule as soon as reasonably possible, and no later than 90 days after the effective date of the rule. Defines emergency rules as those that must be adopted to meet an immediate threat to public health, safety, or welfare, to prevent a loss of Commission or party state funds, or to meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. Authorizes the Commission to direct technical revisions to a previously adopted rule, subject to posting on the Commission's website, and challenge by any person within 30 days of posting, as specified.
Directs each party state to enforce and effectuate the Compact. Authorizes the Commission to receive service of process and have standing in any proceeding that may affect the powers, responsibilities, or actions of the Commission. Directs the Commission to provide written notice to any state that defaults on its Compact obligations of the nature of the default, the proposed means of curing the default, and any other Commission actions, and to provide remedial training and assistance regarding the default. Directs that a state that fails to cure a default may be terminated from membership in the Compact by a majority vote of the administrators. Termination shall only be imposed after all other means of securing compliance have been exhausted, and requires notice of intent to terminate to be given to the governor of the defaulting state, the executive officer of the defaulting state's licensing board, and each of the party states. Holds a terminated state responsible for all assessments, obligations, and liabilities incurred through the effective date of termination. Directs that the Commission does not bear any costs related to a state found to be in default, except as agreed upon in writing. Authorizes appeal by the defaulting state to the US District Court for the District of Columbia, or the federal district in which the Commission has its principal offices. Authorizes attorneys' fees for the prevailing party. Directs Commission to attempt to resolve disputes between party states related to the compact, and between party states and nonparty states. Directs Commission to promulgate a rule providing for mediation and binding dispute resolution. Authorizes party states to submit issues unresolvable by the Commission to an arbitration panel, composed of individuals appointed by the Compact administrator in each of the affected party states, and an individual mutually agreed upon by the Compact administrators of all the party states involved in the disputes, to be resolved by a decision of a majority of the arbitrators. Directs the Commission to enforce the provisions and rules of the Compact. Authorizes the Commission to initiate legal action in the US District Court for the District of Columbia, or the district in which the Commission has its principal offices against a party state in default to enforce compliance.
Directs that the Compact is effective and binding on the date that 26 or more states enact the Compact, or December 31, 2018, whichever is earlier. Directs that all party states that were also party states to the prior Nurse Licensure Compact are deemed to have withdrawn from that prior compact within six months after the effective date of this compact. Directs each party state to continue to recognize a nurse's multistate licensure privilege to practice in that party state under the prior compact, until the party state has withdrawn from the prior compact. Authorizes party states to withdraw from the Compact by legislatively repealing it. Legislative repeal may not take effect until six months after enactment of the repealing statute. Withdrawal does not affect the state's licensing board's continuing requirement to report adverse actions and investigations prior to the effective date of the withdrawal. The Compact does not invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact. Authorizes amendments to the Compact, but prevents amendments to the Compact from taking effect until enacted by all party states.
Contains liberal construction and severability clauses.
Directs the North Carolina Board of Nursing to report to the Revisor of Statutes when the Compact has been enacted by 26 member states.
Effective upon the earlier of when at least 26 states have enacted the Compact, or December 31, 2018.
Intro. by Szoka, Adcock, Boswell, Williams. | GS 90 |
Enacts new Part 3, North Carolina Teaching Fellows Program in Article 23 of GS Chapter 116, which provides as follows. Establishes the 14-member North Carolina Teaching Fellows Commission (Commission) to determine program and forgivable loan recipient selection criteria and selection procedures and select the recipients of forgivable loans under the North Carolina Teaching Fellows Program (Program). Requires the Program Director to appoint Commission staff. Requires the UNC Board of Governors (BOG) to appoint seven members to the Commission, the General Assembly to appoint two members, and specifies the remaining five ex officio members. Sets out requirements for terms of office, which are for two years. Sets out provision governing filling vacancies, election of a chair, meeting times, and expenses. Allows a Commission member to abstain from voting on the selection of an educator preparation program of a postsecondary constituent institution of UNC or a private postsecondary institution operating in the state under GS 116-209.62(f) if the member is an officer or employee of the institution or sits as a member of the institution's board of directors.
Establishes the Program, to be administered by UNC General Administration, in conjunction with the State Education Assistance Authority (Authority) and Commission. States the purpose of the Program as to recruit, prepare, and support students residing in or attending institutions of higher education located in North Carolina for preparation as highly effective STEM or special education teachers in the State's public schools. Requires the Program to be used to provide a forgivable loan to individuals interested in preparing to teach in the public schools of the State in STEM (science, technology, engineering, and mathematics) or special education licensure areas. Defines public schools as an elementary or secondary school located in North Carolina governed by a local board of education, charter school board of directors, regional school board of directors, or UNC laboratory school board of trustees. Establishes the North Carolina Teaching Fellows Program Fund (Fund), administered by the Authority, in conjunction with UNC General Administration, the purpose of which is to provide financial assistance to qualified students for completion of teacher education and licensure programs to fill STEM or special education licensure areas in the public schools of the state. Requires all funds (1) appropriated to, or otherwise received by, the Program for forgivable loans; (2) all funds received as repayment of forgivable loans; and (3) all interest earned on these funds to be placed in the Fund. Allows monies in the Fund to be used only for forgivable loans granted under the Program, Program administrative costs, and extracurricular enhancement activities of the Program. Allows the Authority to use up to $250,000 from the Fund in each fiscal year for its administrative costs, the salary of the Director of the Program, and expenses of the Commission, and allows the Commission to use up to $350,000 each fiscal year for Program extracurricular enhancement activities.
Requires the UNC Board of Governors to appoint a Director of the Program and establishes the Director's duties.
Requires the Commission to adopt standards for awarding forgivable loans, which must include: (1) grade point averages; (2) performance on relevant career and college readiness assessments; (3) experience, accomplishments, and other criteria demonstrating qualities positively correlated with highly effective teachers, including excellent verbal and communication skills; and (4) demonstrated commitment to serve in a STEM or special education licensure area in North Carolina public schools.
Requires the Authority to administer the Program in cooperation with five institutions of higher education with approved educator preparation programs selected by the Commission that represent both postsecondary constituent institutions of The University of North Carolina and private postsecondary institutions operating in the state. Requires the Commission to adopt standards for selection of the most effective educator preparation programs, including seven specified standards which include: demonstrates high rates of educator effectiveness on value‑added models and teacher evaluations; demonstrates high rates of graduates passing exams required for teacher licensure; and provides early and frequent internship or practical experiences, including the opportunity for participants to perform practicums in diverse school environments.
Requires that the Program provide forgivable loans to selected students to be used at the five selected institutions for completion of a program leading to teacher licensure, with the loan amounts and duration specified depending on the recipient's educational status.
Requires the Superintendent of Public Instruction to provide the Commission and the Authority with a list of STEM and special education licensure areas as well as the number of available positions in each licensure area relative to the number of current and anticipated teachers in that area of licensure. The Commission must then make the list of STEM and special education licensure areas available to applicants.
Requires the Commission, upon naming loan recipients, to transfer its decisions to the Authority, which, in coordination with the Director, must perform all necessary administrative functions.
Requires the Commission, in coordination with the Authority, to report annually beginning January 1, 2019, to the Joint Legislative Education Oversight Committee on specified information related to the loans awarded, placement and repayment rates, and selected school outcomes.
Sets out the terms of the loans and sets out procedures for the receipt and disbursement of funds. Caps the interest rate at 10% per beginning 90 days after completion of the program leading to teacher licensure, or 90 days after termination of the forgivable loan, whichever is earlier. Requires the Authority to forgive the loan and any interest accrued on the loan if, within 10 years after graduation from a program leading to teacher licensure, exclusive of any authorized deferment for extenuating circumstances, the recipient serves as a teacher in a STEM or special education licensure area, for every year the teacher was awarded the forgivable loan, in any combination of the following: (1) one year at a North Carolina public school identified as low‑performing at the time the teacher accepts employment at the school or, if the teacher changes employment during this period, at another school identified as low‑performing or (2) two years at a North Carolina public school not identified as low‑performing. Also requires the Authority to forgive the loan if it is impossible for the recipient to work for up to eight years, within 10 years after completion of the program leading to teacher licensure, at a North Carolina public school because of the death or permanent disability of the recipient. Sets out the repayment schedule.
Requires initial appointments to the Commission to be made no later than August 15, 2017; sets those initial appointments to expire on July 1, 2019.
Requires the Commission to establish initial selection criteria for recipients and select the five institutions of higher education with approved educator preparation programs at which a recipient may use a forgivable loan no later than November 15, 2017, and requires that applications be available no later than December 31, 2017.
Requires the Superintendent of Public Instruction to establish the list of STEM and special education licensure areas and provide that information to the Commission and Authority no later than October 1, 2017.
Requires the Commission to select recipients and award the initial forgivable loans for the 2018‑19 academic year by April 1, 2018.
Appropriates from the General Fund to the UNC Board of Governors: (1) for 2017‑18 $250,000 in nonrecurring funds to implement the Program, and (2) for 2018‑19, $6 million in recurring funds for the operation of the Program and for the award of forgivable loans to selected recipients beginning with the 2018‑19 academic year.
Makes conforming changes to GS 116-209.27.
Effective July 1, 2017.
Enacts new GS Chapter 143, Article 12I (Special Separation Allowances for State and Local Firefighters).
Applies to firefighters employed both by State departments, agencies, or institutions, and by employers participating in the Local governmental Employees' Retirement System.
Provides firefighters who meet specified criteria with an annual separation allowance equal to .85% of the annual equivalent of the base rate of compensation most recently applicable to the firefighter for each year of creditable service, to be paid in equal installments on the payroll frequency used by the employer, beginning in the month in which the firefighter retires under basic service retirement. To qualify, the firefighter, must have either completed 30 or more years of creditable service or attained 60 years of age with 25 or more years of creditable service, must have not attained 62 years of age, and must have completed at least five years of continuous service rendered on or after July 1, 2017, as a firefighter immediately preceding a service retirement. Payment ceases upon either the death of the firefighter, the last day of the month in which the firefighter attains 62 years of age, or the first day of reemployment by any State department, agency or institution, or local government employer in any capacity, with certain exceptions required by other statutes. Does not affect other State, local, federal, or private retirement benefits. Directs the head of each state department, agency, or institution, or the governing body of a local employer, to determine the eligibility of employees for the benefits of this statute. Authorizes the Director of the Budget to authorize the transfer of funds within the budgets of each State department, agency, or institution to carry out the statute. Directs the head of each State department, agency, or institution, or governing body of a local employer, to make the payments described above.
Intro. by Dollar, Malone, Saine, Clampitt. | GS 143 |
Enacts new GS 2035.1 (Towing and storage of vehicle for unlicensed driving). Directs a law enforcement officer to have the vehicle of a person charged with an unlicensed driver violation towed and stored at the time of charging, unless the person charged can contact a licensed driver while the charging law enforcement officer is present and the licensed driver can pick up the vehicle no later than one hour from the time they are contacted. The person in custody of a towed vehicle under this statute may charge a storage fee not to exceed $10 per calendar day. Directs a person in custody of a vehicle towed under this statute to release the vehicle to its owner when the owner presents to the charging law enforcement agency either a valid driver's license and an unlicensed driver acknowledgement (a written document acknowledging that the vehicle was operated by a person charged with an unlicensed driver violation and that the owner has taken all reasonable precautions to prevent the use of the vehicle by the charged person and will report unauthorized use to the appropriate law enforcement agency), and presents to the person in custody of the vehicle documentation provided by the charging law enforcement agency and payment in full of towing and storage costs. Provides the person in custody of a vehicle towed under this statute with a mechanic's lien on the vehicle for the full amount of the towing and storage costs if the owner does not obtain release of the vehicle within 90 days of the date the vehicle was towed and stored, and authorizes the person in custody to dispose of the vehicle pursuant to GS Chapter 44A, Article 1. Does not prevent or supercede the seizure of the vehicle under a law requiring the seizure of the vehicle.
Amends GS 44A2(d) to make a conforming change.
Applies to charges filed on or before December 1, 2017.
Enacts new GS 50B4(g) to make domestic violence protective orders enforceable during their appeal to the appellate division. Authorizes the court in which the appeal is pending, upon motion by the aggrieved party, to stay an order of the trial court until the appeal is decided, as justice requires.
Effective October 1, 2017.
Intro. by McNeill, R. Turner, Riddell. | GS 50B |
Amends GS 131E175 to add a new legislative finding concerning the demand for ocular surgical procedures.
Amends GS 131E176 to define ocular surgical procedure and ocular surgical procedure room.
Amends GS 131E178 to exempt licensed opthalmologists who provide ocular surgical procedures in one or more ocular surgical procedure rooms from obtaining certificates of need to license that setting as an ambulatory surgical facility with the existing number of ocular surgical procedure rooms, so long as (1) the license application is postmarked by December 31, 2017, (2) the applicant verifies within 60 days of the effective date of this act that the facility is in operation as of the effective date of this act or that the completed application for the building permit was submitted by the effective date of this act, (3) the facility has been accredited by specified organizations by the time the license application is postmarked, and (4) the license application includes a commitment and plan for serving indigent and medically underserved populations. Requires all other persons proposing to obtain a license to establish an ambulatory surgical facility for ocular surgical procedures to obtain a certificate of need.
Intro. by Speciale. | GS 131E |
Amends GS 14269.2 (Weapons on campus or other educational property) to exclude land, buildings or other facilities owned, leased, or controlled by educational institutions but not primarily used for educational purposes; religious institutions whose facilities are used parttime as a school while not currently in use as a school; roads and other public thoroughfares that cross educational campuses; and medical facilities whose primary purpose is patient care rather than education from the definition of educational property . Enacts new subsection (b2) to exempt persons not participating in an extracurricular activity from the restrictions on carrying a firearm at an extracurricular activity described in subsection (b) provided that the extracurricular activity is conducted in a public place. Specifies that the statute does not apply to persons exempted by GS 14269(b)(1 through 5).
Amends GS 14269.4 to authorize the Governor and his or her immediate family to carry a weapon on the property of the Executive Mansion and the Western Residence of the Governor.
Repeals GS 14404(e1)(5), regarding the application requirements for a permit to purchase a weapon, thereby no longer requiring a signed release for disclosure of court orders concerning the applicant's mental health or capacity.
Amends GS 14415.10 to revise the definitions of qualified former sworn law enforcement officer, qualified retired correctional officer, and qualified retired probation or parole certified officer to include individuals retired from service in those positions who have been retired for five years or less (was, two years or less).
Amends GS 14415.11(b) to extend the validity of permits to carry concealed handguns under GS 14415.12(b)(7) from five to ten years.
Amends GS 14415.12(b)(7) to require sheriffs to deny concealed handgun permits to applicants who were are or have been discharged from the Armed Forces under dishonorable conditions (was, under conditions other than honorable).
Amends GS 12032.1 to add that legislators and legislative employees with concealed handgun permits are authorized to carry a concealed handgun on the premises of the State legislative buildings and grounds, notwithstanding any rule by the Legislative Services Commission (Commission). Authorizes the Commission to adopt a rule requiring the legislator or employee to provide notice to the Chief of the General Assembly Special Police before carrying the handgun on the premises. Authorizes the Legislative Services Commission to adopt a rule prohibiting the carrying of a firearm in the gallery of the State legislative building.
Amends GS 14415.27 to authorize legislators and legislative employees with concealed handgun permits to carry a concealed handgun on the premises of the state legislative building and grounds, subject to notice requirements adopted by the Commission.
Amends GS 14269.1 to clarify that weapons used in specified crimes must be returned to their rightful owners under specified conditions, unless the rightful owner is the convicted defendant, in which case the presiding judge may dispose of the weapon as specified at the judge's discretion.
Amends GS 1511.1 to make a conforming change.
Enacts new GS 14277.6 (Going armed to the terror of the people). Creates a new Class 1 misdemeanor for persons who arm themselves with an unusual and dangerous weapon for the purpose of terrifying others, and go about on public highways in a manner to cause terror to the people. Provides that no person may be convicted of this crime based only upon the person's possession or carrying of a handgun, whether openly or concealed.
Effective September 1, 2017.
Amends GS 135-5, concerning retirement benefits for teachers and state employees, adding new subsection (vvv), providing for cost-of-living increases of 1.5%.
Amends GS 135-65, concerning retirement benefits for individuals in the consolidated judicial retirement system, adding new subsection (gg), providing for cost-of-living increases of 1.5%.
Amends GS 120-4.22A, concerning retirement benefits for members of the legislative retirement system, adding new subsection (aa), providing for cost-of-living increases of 1.5%.
Appropriates $67 million from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments for the 2017-18 fiscal year and $67 million for the 2018-19 fiscal year to implement the cost-of-living adjustment authorized in this act.
Effective July 1, 2017.
Enacts new GS 62133.1A (Fair value determination of governmentowned water and wastewater systems). Authorizes water and wastewater public utilities to elect to establish rate base by using the fair value of the utility property instead of original cost when acquiring an existing water or wastewater system owned by a municipality or county or an authority or district. Establishes criteria for the determination of the fair value, including evaluation and assessment by two separate appraisals, and a licensed engineer jointly retained by the acquiring and selling utilities to conduct an assessment. Establishes procedure for application to the Commission for a determination of the rate base value of the system to be acquired, including requirements for submission of specified information. Directs the Commission to issue its final order approving or denying an application that meets the requirements within four months of the date on which the application was filed. An order approving an application must determine the rate base value of the acquired property for ratemaking purposes. Clarifies that the Commission retains its authority to set rates for the acquired system in future rate cases.
Makes conforming changes to GS 62133.
Intro. by Watford, Collins. | GS 62 |
Enacts new GS 62133(c1), authorizing water or wastewater public utilities to use a fully projected future test period in lieu of the test period provided in subsection (c). Directs the Utilities Commission (Commission), when using a fully projected future test period, to determine the projected rate base at the end of the future test period. Directs the Commission to adopt rules and regulations regarding submission requirements for fully projected future test periods. Directs a public utility that uses a fully projected future test period as part of a final rate determination by the Commission to provide appropriate data evidencing the accuracy of the estimates, and authorizes the Commission to adjust the public utility's rates on the basis of that data after notice and hearing. Directs the Commission to permit facilities projected to be in service during the fully projected future test period to be included in the base rate.
Intro. by Watford, Collins. | GS 62 |
As title indicates. Additionally, allows the State to receive donations of land and to purchase other needed lands for those specified areas with existing funds in the Clean Water Management Trust Fund, Parks and Recreation Trust Fund, the federal Land and Water Trust Fund, and other avilable funding sources.
Intro. by Dobson, Brisson, Brenden Jones, Hunter. | UNCODIFIED |
Amends GS 87-23 by adding that a record of complaint against a licensed plumbing, heating, or fire sprinkler contractor that is greater than 36 months is not to be made publicly available and is not a public record.
Amends GS 87-24 by adding that State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors must take into account the severity of the offense giving rise to license revocation, as well as the time elapsed since the offense occurred, when the Board is using its discretion to reissue a license.
Intro. by Floyd. | GS 87 |
Amends GS 143-166.2 by adding the following to the list of cancers that are considered occupational diseases for death benefits: rectal cancer, esophageal cancer, oral cavity cancer, brain cancer, non-Hodgkin's lymphoma, and multiple myeloma. Applies to deaths occurring on or after the date that the act becomes law.
Intro. by Saine, Dollar, Malone, Murphy. | GS 143 |
Amends GS 105153.5(a) to raise the standard income tax deduction from $17,500 to $18,500 for married, filing jointly/surviving spouse taxpayers, from $14,000 to $14,800 for heads of household, and from $8,750 to $9,250 for single and married, filing separately taxpayers. Effective for taxable years beginning on or after January 1, 2018.
Repeals GS Chapter 105, Article 5F (Certain Machinery and Equipment), and GS 105164.13(5a) (exempting equipment described in Article 5F from retail and sales tax), effective July 1, 2017.
Amends GS 105164.4I(b) to delete the reference to the aboverepealed Article 5F, effective July 1, 2017.
Amends GS 105164.13 to enact new subsections (5e) through (5o) exempting the following transactions from retail sales and use taxes: (1) sales of mill machinery or mill machinery parts or accessories to manufacturing industry or plants, or described related contractors and subcontractors, (2) sales to a major recycling facility of cranes, structural steel crane support systems, and related foundations, port and dock facilities, rail equipment, and material handling equipment, (3) sales of equipment, or equipment attachments or repair parts to companies primarily engaged in research and development in the physical, engineering, and life sciences, or engaged in software publishing, or engaged in industrial machinery refurbishing activities, is capitalized by the company for tax purposes, and is used in the research and development or repair or refurbishment of tangible personal property, (4) sales to a company located at a port facility of machinery and equipment, or parts, accessories, or attachments for the equipment, used at the facility for waterborne commerce to unload or process bulk cargo to make it suitable for delivery to and use by manufacturing facilities, (5) sales of equipment, attachments, and repair parts for equipment that is sold to a person that gathers and obtain used metals and converts them into a new or different product for sale, capitalized by the person for tax purposes, used by the person in the conversion process, and are not a motor vehicle or attachment or repair part for a motor vehicle, (6) sales of equipment, attachments, or repair parts for that equipment to companies engaged in processing tangible personal property to extract precious metals to determine their value, capitalized by the company for tax purposes, and used by the company for that process, (7) sales of equipment, attachments, or repair parts for that equipment to companies engaged in the fabrication of metal work, with annual gross receipts of at least $8 million, capitalized by the company for tax purposes under the code, used by the company in the fabrication or manufacture of metal products or to create equipment for the fabrication or manufacture of metal products, (8) sales of equipment, accessories, attachments, or parts for that equipment, to large manufacturing and distribution facilities, that are used in the manufacturing, assembly, or distribution process, and are not electricity (subject to requirements for maintaining certain levels of employment and investment described in the amended definition of large manufacturing and distribution facility), and (9) sales of parts for a ready-mix concrete mill to a company that primarily sells ready-mix concrete. Effective July 1, 2017.
Amends GS 105164.3 to define large manufacturing and distribution facility, effective July 1, 2017.
Directs the Revenue Laws Study Committee to study ways in which to clarify the scope of the sales and use tax exemption for mill machinery, by modernizing and further defining the statutory language and by incorporating existing administrative interpretations of the Department of Revenue, to the extent the General Assembly desires to maintain those interpretations, and to report its findings to the 2018 Regular Session of the 2017 General Assembly.
Amends GS 105120.2 (Franchise or privilege tax on holding companies). Currently provides for the tax to be the higher of the two rates described in GS 105120.2(b)(1) and GS 105120.2(b)(2). Eliminates the second rate, and applies the first rate ($1.50 per $1,000 of the amount determined under the statute, in no case more than $150,000 nor less than $200) to all corporations taxed under this statute. Makes conforming changes. Effective for taxable years beginning on or after January 1, 2019, and applicable to the calculation of franchise tax reported on the 2018 and later corporate income tax returns.
Amends GS 105122 (Franchise or privilege tax on domestic and foreign corporations). Adjusts the tax rate to delete the text in subsection (d) referring to subsection (c1), and providing that the taxed net worth of a corporation doing business in this and other states is the portion of the net worth apportioned to this state. Deletes text providing for the appraised value of tangible property, and defining total actual investment in tangible property . Effective for taxable years beginning on or after January 1, 2019, and applicable to the calculation of franchise tax reported on the 2018 and later corporate income tax returns.
Except as otherwise provided, effective when the act becomes law.
Amends GS 90351, making a clarifying change.
Amends GS 90352 making technical changes and to add and define new terms including ACEND, certified nutrition specialist, diplomate of the American Clinical Board of Nutrition, medical nutrition therapy, nutrition, registered dietitian nutritionist, and telepractice. Amends the definition of nutrition care services.
Amends the membership of the NC Board of Dietetics/Nutrition (Board) as follows, now requiring (1) three members to be dietitians/nutritionists, (2) two members to be nutritionists, (3) one member to be a physician, and (4) one member to represent the public at large. Amends the qualification requirements of the members above as specified, including requiring that the licensed physician member of the Board be a citizen of the United States and a resident of North Carolina.
Amends GS 90354, concerning the appointment and removal of the above Board members, providing that the Governor will appoint one licensed dietitian/nutritionist as specified, the licensed physician, and the public member (previously appointed the professional member and two public members). Provides that the Speaker of the House and the President Pro Tempore each will appoint one licensed dietitian/nutritionist and one licensed nutritionist, with qualification requirements as specified. Provides that members appointed prior to July 1, 2017, must continue to serve until their terms expire and they are not reappointed, so long as, beginning July 1, 2017, two members on the Board are licensed nutritionists as required.
Amends GS 90356, concerning the powers and responsibility of the Board, making technical changes and providing that as of July 1, 2017, no rule making can be performed by the Board until two licensed nutritionists are appointed. Also adds the requirement that the Board (1) publish and make publicly available the records of any Board action that resulted in disciplinary action or criminal action by the State and (2) request that the Department of Public Safety conduct criminal history record checks of licensure applicants.
Repeals GS 90357, requirements for licensing as a dietitian/nutritionist.
Enacts GS 90357.5, License requirements, setting out procedures and application requirements for applicants to become licensed as a dietitian/nutritionist, including criteria that must be met to qualify for the license, such as specified education, supervised practice experience, and examination requirements. Also sets out procedures and application requirements for applicants to become licensed as a nutritionist, including specified education, supervised practice experience, and examination requirements and criteria that must be met, such as successful completion of the examination administered by the Board for Certification of Nutrition Specialists or another approved examination.
Enacts GS 90357.6, Criminal history record checks of applicants for licensure, requiring applicants to consent to a criminal history record check, and authorizing and directing the Board to request and ensure a criminal history record check is conducted on all applicants. Provides that the applicant will bear the cost of the criminal history record check and fingerprinting. Directs the Board to consider seven listed factors when determining whether to issue a license to an applicant with a criminal conviction, including the level of seriousness and date of the crime. Authorizes the applicant to appear before the Board to appeal its decision, and provides that an appearance exhausts administrative remedies. Grants civil immunity to the Board, its officers, and employees, for denying a licensure to an applicant based on information in the applicant's criminal history record check.
Amends GS 90359, concerning competency examinations, requiring that the examination include several listed examinations administered by several listed organizations. Authorizes the Board to include other examinations accredited by the National Commission for Certifying Agencies for specified graduates from certain colleges and universities that are approved by a two thirds vote of the Board.
Amends GS 90360, concerning the granting of licenses without examination, providing that licenses can be granted for dietitians/nutritionists or nutritionists to individuals that have met the examination requirements of GS 90359 and hold a valid license or certification form another state or territory (previously, a license to be a dietitian/nutritionist could be granted in North Carolina without meeting any examination requirements if the person holds a valid license to be a licensed dietitian/nutritionist from another state or territory).
Amends GS 90361, concerning provisional licenses, making conforming and technical changes.
Amends GS 90363, concerning the suspension, revocation, and refusal to renew licenses, making clarifying, conforming and technical changes.
Amends GS 90365 to make it illegal to provide medical nutrition therapy without a license. Also provides that without a license you cannot use the title "dietitian/nutritionist" or "nutritionist," use the words "licensed nutritionist" or hold oneself out as a dietitian or nutritionist. Makes technical changes and conforming changes. Adds new subsection (b) setting out provisions which highlight the permissive uses of titles and designations by specified licensed individuals. Effective October 1, 2017, and applies to acts committed on or after that date.
Enacts new GS 90365.5, Telepractice, requiring an individual providing dietetic/nutritional services by telepractice to comply with the licensing and disciplinary provisions of Article 25 of GS Chapter 90.
Enacts new GS 90365.6, Enteral and parenteral nutrition therapy. Defines the therapy and requires it to be ordered by a Registered Dietitian Nutritionist, a Certified Nutrition Support Clinician, or an individual who is otherwise in compliance with the requirements set forth in rules adopted by the Board. Does not restrict the authorization of other licensed health care practitioners to order therapeutic diets within the scope of their license.
Amends GS 90368 concerning the applicability of the provisions of this Article, making conforming, clarifying and technical changes. Also adds language that provides that the provisions do not apply to individuals who provide nutrition services without pay to family members and those that provide specified nutrition information and guidance that does not constitute medical nutrition therapy, provided they do not hold themselves out as one of the specified licensed professionals. Removes the provision exempting employees or independent contractors of a hospital or health care facility.
Enacts new GS 143B966 to authorize the Department of Public Safety to provide the Board with a criminal history record for applicants for licensure by the Board, and specifies the requirements for the Board's request.
Except as otherwise stated, effective July 1, 2017.
Intro. by Malone, Murphy, Adcock. | GS 90 |
Amends GS 90648 to define advanced practice and endorsement, and to revise the definitions of practice of respiratory care and support activities to refer to respiratory care equipment instead of apparatus.
Amends GS 90649(a)(4) to designate a seat on the North Carolina Respiratory Care Board (Board), currently designated for a representative of the North Carolina Association of Medical Equipment Services, for a North Carolina member of the Atlantic Coast Medical Equipment Services Association. Makes a conforming change to GS 90650(a)(7).
Amends GS 90652 to authorize the Department of Justice to provide a criminal record check to the Board, and directs the Board to provide the Department of Justice with an applicant's fingerprints (was, the Department of Public Safety. Also currently requires an additional consent form signed by the applicant). Makes conforming changes. Directs the Board to establish and adopt rules defining the education and credential requirements for persons seeking endorsement under GS Chapter 90, Article 38 (Respiratory Care Practice Act).
Amends GS 90653 to additionally require licensure applicants to submit a form signed by the applicant consenting to a check of the applicant's criminal record and to the use of the applicant's fingerprints and other identifying information. Replaces a reference to the Commission for Accreditation of Allied Health Educational Programs, or the Canadian Council on Accreditation for Respiratory Therapy Education, with the Commission on Accreditation for Respiratory Care or its successor, and further requires an applicant's verified transcript to be submitted to show proof of completion of an associate's degree in respiratory care education (was, required completion of a respiratory care education program). Requires an applicant to submit written evidence that the applicant passed the Therapist MultipleChoice examination given by the National Board for Respiratory Care, or its successor. Directs the Board to state the terms and conditions of the use of the license to a licensee. Deletes provision requiring the exam to be given at least three times a year. Makes a conforming change.
Repeals GS 90654 (temporary license) and GS 90656 (provisional license).
Amends GS 90660(b)(6) by making a conforming change to the existing fee for all licenses to no longer refer to provisional or temporary licenses.
Effective October 1, 2017.
Intro. by Burr, Goodman, Boles. | GS 90 |
The Daily Bulletin: 2017-03-14
Senate committee substitute to the 1st edition makes a technical correction.
Intro. by D. Davis, Barefoot. | GS 115 |
Senate committee substitute makes the following changes to the 1st edition. Amends GS 143B-1224(3), which sets out the meaning of the term child as it applies to the provisions concerning the higher education scholarship program for eligible children of veterans administered by the Department of Military and Veterans Affairs. Amends the requirements for qualification to no longer allow a person who was legally adopted by the veteran before the person reached age 15 to meet the eligibility conditions of having a veteran parent who was a state resident at the time of entering service in the Armed Forces, or was born a child of a veteran in the state and who has been a state resident continuously since birth. Makes technical changes.
Intro. by D. Davis, Brown. | GS 143B |
Senate committee substitute makes the following changes to the 1st edition. Amends GS 9-6 to require the chief district court judge to consult with and get the consent of the clerk before delegating the authority to excuse a person from jury duty to the clerk of superior court.
Intro. by Britt, Randleman. | GS 9 |
Amends GS 8423(a) to direct that the Judicial Standards Commission, and not the North Carolina State Bar's Council, has the exclusive jurisdiction over discipline of any judge or justice of the General Court of Justice for conduct occurring while in office. Specifies that the Council has the jurisdiction, authority, and procedure for discipline of any conduct occurring before the judge's election or appointment.
Amends GS 8428(a) and GS 7A374.1 to make conforming changes.
Amends GS 14415.17 to direct sheriffs to make the list of concealed handgun permit holders available to law enforcement agencies for official purposes only, and directs those agencies receiving that information to maintain the confidentiality of that information. Directs that the State Bureau of Investigation's (SBI) list of permit holders show only the last four digits of a permit holder's Social Security number.
Directs the SBI to redact Social Security numbers from any record that does not comply with the above amendments by December 31, 2017.
Intro. by Barefoot, Brock, Randleman. | GS 14 |
Identical to H 339, filed 3/14/17.
Enacts new Part 3, North Carolina Teaching Fellows Program in Article 23 of GS Chapter 116, which provides as follows. Establishes the 14-member North Carolina Teaching Fellows Commission (Commission) to determine program and forgivable loan recipient selection criteria and selection procedures and select the recipients of forgivable loans under the North Carolina Teaching Fellows Program (Program). Requires the Program Director to appoint Commission staff. Requires the UNC Board of Governors (BOG) to appoint seven members to the Commission, the General Assembly to appoint two members, and specifies the remaining five ex officio members. Sets out requirements for terms of office, which are for two years. Sets out provision governing filling vacancies, election of a chair, meeting times, and expenses. Allows a Commission member to abstain from voting on the selection of an educator preparation program of a postsecondary constituent institution of UNC or a private postsecondary institution operating in the state under GS 116-209.62(f) if the member is an officer or employee of the institution or sits as a member of the institution's board of directors.
Establishes the Program, to be administered by UNC General Administration, in conjunction with the State Education Assistance Authority (Authority) and Commission. States the purpose of the Program as to recruit, prepare, and support students residing in or attending institutions of higher education located in North Carolina for preparation as highly effective STEM or special education teachers in the State's public schools. Requires the Program to be used to provide a forgivable loan to individuals interested in preparing to teach in the public schools of the State in STEM (science, technology, engineering, and mathematics) or special education licensure areas. Defines public schools as an elementary or secondary school located in North Carolina governed by a local board of education, charter school board of directors, regional school board of directors, or UNC laboratory school board of trustees. Establishes the North Carolina Teaching Fellows Program Fund (Fund), administered by the Authority, in conjunction with UNC General Administration, the purpose of which is to provide financial assistance to qualified students for completion of teacher education and licensure programs to fill STEM or special education licensure areas in the public schools of the state. Requires all funds (1) appropriated to, or otherwise received by, the Program for forgivable loans; (2) all funds received as repayment of forgivable loans; and (3) all interest earned on these funds to be placed in the Fund. Allows monies in the Fund to be used only for forgivable loans granted under the Program, Program administrative costs, and extracurricular enhancement activities of the Program. Allows the Authority to use up to $250,000 from the Fund in each fiscal year for its administrative costs, the salary of the Director of the Program, and expenses of the Commission, and allows the Commission to use up to $350,000 each fiscal year for Program extracurricular enhancement activities.
Requires the UNC Board of Governors to appoint a Director of the Program and establishes the Director's duties.
Requires the Commission to adopt standards for awarding forgivable loans, which must include: (1) grade point averages; (2) performance on relevant career and college readiness assessments; (3) experience, accomplishments, and other criteria demonstrating qualities positively correlated with highly effective teachers, including excellent verbal and communication skills; and (4) demonstrated commitment to serve in a STEM or special education licensure area in North Carolina public schools.
Requires the Authority to administer the Program in cooperation with five institutions of higher education with approved educator preparation programs selected by the Commission that represent both postsecondary constituent institutions of The University of North Carolina and private postsecondary institutions operating in the state. Requires the Commission to adopt standards for selection of the most effective educator preparation programs, including seven specified standards which include: demonstrates high rates of educator effectiveness on value‑added models and teacher evaluations; demonstrates high rates of graduates passing exams required for teacher licensure; and provides early and frequent internship or practical experiences, including the opportunity for participants to perform practicums in diverse school environments.
Requires that the Program provide forgivable loans to selected students to be used at the five selected institutions for completion of a program leading to teacher licensure, with the loan amounts and duration specified depending on the recipient's educational status.
Requires the Superintendent of Public Instruction to provide the Commission and the Authority with a list of STEM and special education licensure areas as well as the number of available positions in each licensure area relative to the number of current and anticipated teachers in that area of licensure. The Commission must then make the list of STEM and special education licensure areas available to applicants.
Requires the Commission, upon naming loan recipients, to transfer its decisions to the Authority, which, in coordination with the Director, must perform all necessary administrative functions.
Requires the Commission, in coordination with the Authority, to report annually beginning January 1, 2019, to the Joint Legislative Education Oversight Committee on specified information related to the loans awarded, placement and repayment rates, and selected school outcomes.
Sets out the terms of the loans and sets out procedures for the receipt and disbursement of funds. Caps the interest rate at 10% per beginning 90 days after completion of the program leading to teacher licensure, or 90 days after termination of the forgivable loan, whichever is earlier. Requires the Authority to forgive the loan and any interest accrued on the loan if, within 10 years after graduation from a program leading to teacher licensure, exclusive of any authorized deferment for extenuating circumstances, the recipient serves as a teacher in a STEM or special education licensure area, for every year the teacher was awarded the forgivable loan, in any combination of the following: (1) one year at a North Carolina public school identified as low‑performing at the time the teacher accepts employment at the school or, if the teacher changes employment during this period, at another school identified as low‑performing or (2) two years at a North Carolina public school not identified as low‑performing. Also requires the Authority to forgive the loan if it is impossible for the recipient to work for up to eight years, within 10 years after completion of the program leading to teacher licensure, at a North Carolina public school because of the death or permanent disability of the recipient. Sets out the repayment schedule.
Requires initial appointments to the Commission to be made no later than August 15, 2017; sets those initial appointments to expire on July 1, 2019.
Requires the Commission to establish initial selection criteria for recipients and select the five institutions of higher education with approved educator preparation programs at which a recipient may use a forgivable loan no later than November 15, 2017, and requires that applications be available no later than December 31, 2017.
Requires the Superintendent of Public Instruction to establish the list of STEM and special education licensure areas and provide that information to the Commission and Authority no later than October 1, 2017.
Requires the Commission to select recipients and award the initial forgivable loans for the 2018‑19 academic year by April 1, 2018.
Appropriates from the General Fund to the UNC Board of Governors: (1) for 2017‑18 $250,000 in nonrecurring funds to implement the Program, and (2) for 2018‑19, $6 million in recurring funds for the operation of the Program and for the award of forgivable loans to selected recipients beginning with the 2018‑19 academic year.
Makes conforming changes to GS 116-209.27.
Effective July 1, 2017.
Amends GS 115C-12 by creating a new subsection (23a) and amends GS 115C-47(4) to provide that the powers and duties of the State Board of Education and local boards of education include providing specified students with the opportunity to participate in interscholastic athletics programs. Requires the State Board of Education and local boards of education to adopt rules that allow public high school students who attend schools that do not have interscholastic athletics programs in any given sport to participate in the sport at the public high school closest to the student's school which has a program in that sport, subject to the terms and conditions applicable to a regularly enrolled member of that school's student body. Also, that a home-schooled student may likewise participate in sports programs at the base public high school for the student's home address. Authorizes the public school providing an opportunity for students who attend other schools to participate in interscholastic athletics programs to charge a reasonable fee for participation to the student who is not enrolled in that school as established by the local board of education under GS 115C-47(6).
Makes a conforming change to GS 115C-47(6) regarding the administration of the fee charged to participating students in sports and other extracurricular activities.
Effective when the act becomes law and applies beginning with 2017-18 school year.
Intro. by Sanderson, Brock. | GS 115C |
Amends GS 14190.5A to expand the definition of image to include computer-generated images and other reproductions produced by electronic means. Deletes the definition of personal relationship and reasonable expectation of privacy. Amends the list of requirements for an act to constitute the crime of disclosure of private images to require that the offending person have obtained the image without consent of the depicted person or under circumstances such that the person knew or should have known that the depicted person expected the images to remain private (currently, requires the person to disclose the image under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy).
Effective December 1, 2017.
Intro. by Bishop, Britt, Bryant. | GS 14 |
Identical to H 250, filed 3/2/17.
Amends GS 130A-283. Defines a number of terms, including body art (procedures conducted for artistic purposes that include body piercing, branding, scarification, subdermal implants, and tattooing as these terms are also newly defined). Redefines tattooing to exclude the production of scars (now defined as scarification). Applies existing regulations of tattoing to all forms of body art. Creates a new Class A1 misdemeanor consisting of any violation of GS 130A-283. Adds text clarifying that GS 130A-283 does not authorize licensed body artists to treat injuries or otherwise practice medicine. Makes conforming changes.
Amends GS 130A-29(c) to apply the existing regulation of tattoing to all forms of body art.
Amends GS 130A-39(g) to make a conforming change.
Effective January 1, 2018. Permits for tattoing issued before that date, but not yet expired, remain valid until expiration.
Intro. by J. Davis, Foushee. | GS 130A |
Blank bill.
Intro. by Brown, Harrington, B. Jackson. | APPROP |
Adds new Article 43, North Carolina Naturopathic Doctors Certification Act, to GS Chapter 90. Prohibits a person from practicing naturopathic medicine without a state certification issued pursuant to the bill, with specified exemptions. Defines naturopathic medicine generally as a system of natural health care that employs diagnosis and treatment using natural therapies and diagnostic techniques. Sets out the techniques that may be used by naturopathic physicians, and prohibits practice outside of the authorized techniques unless otherwise licensed or certified. Makes violation of proposed GS 90734 a Class 1 misdemeanor. Establishes the NC Naturopathic Physicians Certification Board (Board), with seven members (three appointed by the Governor and two each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate, with each member having to come from specified groups) to be appointed by January 1, 2018. Prohibits members from serving more than two consecutive terms. Charges Board with administration of the certification program. Sets out qualifications for certification as a naturopathic physician, fees that may be charged by the Board, and the Board's disciplinary authority. Permits criminal record checks for certified naturopathic doctors and persons seeking certification. Creates a sixmember Advisory Council to assist the Board in administration of the certification program, with member terms beginning July 1, 2018. Makes conforming changes.
Provides that if H 142, 2017 Regular Session (Increase Oversight of Occupational Licensing Boards), becomes law, then GS 93B1(b), as amended by that Act, will add the Board to the list of occupational licensing boards described in that statute.
Requires that State Board of Education policy, TCP‑A‑006, as it was in effect on June 30, 2013, be used to determine whether teachers and instructional support are paid on the "M" salary schedule and whether they receive a salary supplement for academic preparation at the six‑year or doctoral degree level. Applies beginning with the 2017‑18 school year.
Intro. by Lowe, Smith-Ingram, Robinson. | UNCODIFIED |
As title indicates; sets the term as March 20, 2017, until June 30, 2019.
Intro. by Rabon. | SENATE RES |
The Daily Bulletin: 2017-03-14
As title indicates, revises the City of Creedmoor's charter and consolidates certain local acts related to city property, affairs, and government. Makes conforming repeals of specified session laws. Provides that the act does not affect any rights or interests that arose under any provisions repealed by this act. Continues in effect all existing ordinances, resolutions, and other provisions of the City that are not inconsistent with the provisions of this act, until they are repealed or amended. Provides that no action or proceeding pending on the effective date of this act by or against the City or any of its departments or agencies is abated or otherwise affected by this act. Sets out a severability clause.
Intro. by Yarborough. | Granville |
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 Iredell-Statesville Schools and the Mooresville Graded School District with additional flexibility in adopting their school calendars.
Applies beginning with the 2017-18 school year.
Intro. by Fraley, R. Turner. | Iredell |
As title indicates.
Intro. by L. Bell. | Duplin |
Amends GS 153A331 to allow Currituck County to use funds received under this statute from a developer for the development of roads, including design, land acquisition, and construction, in conjunction with the Department of Transportation, pursuant to an agreement between Currituck County and the Department of Transportation.
Intro. by Steinburg. | Currituck |
Authorizes the chair, vicechair acting as the chair, or majority of the Board to subpoena witnesses and compel the production of evidence in the police disciplinary process, as title indicates.
Intro. by R. Moore. | Mecklenburg |
The Daily Bulletin: 2017-03-14
Amends GS 153A-131 to require the Wildlife Resources Commission to allow Richmond County to develop and implement a coyote tagging and bounty program in the county that allows: (1) the county to capture and tag, tattoo, or mark up to 10 coyotes before releasing them; also requires the county to neuter any coyote so captured before it is released and (2) the county or a local nonprofit to offer a bounty of no less than $500 per tagged coyote. Makes conforming changes. Applies to Richmond County only.
Intro. by McInnis. | Richmond |
Repeals Section 1 of SL 1991-774, which required the members of the Carteret County Board of Education to be elected on a nonpartisan basis at the time of the primary election for county officers, and sets out additional provisions for the election.
Amends SL 1997-389, Section 5(d), to require members of the Carteret County Board of Education to reside in and represent the districts, but beginning in 2018, requires all members to be elected by the county voters at large in a partisan election at the time of the general election in each even-numbered year as terms expire. Sets out provisions concerning how the elections are to be conduced, and for the nomination period and manner. Provides that members must take office on the first Monday in December of the year of election and that the terms of their predecessors expire at that time. Sets out the process for filling vacancies on the Carteret County Board of Education, depending on when the position was elected.
Provides that the act does not affect the terms of office of any person elected in 2014 or 2016 to the Carteret County Board of Education. Requires the members of the Carteret County Board of Education elected in 2014 or 2016, or any member appointed by the remaining members of the Board to fill a vacancy of a member elected in 2014 or 2016, to serve until a successor has been elected and qualified.
Repeals all laws and clauses of laws in conflict with the provisions of this act.
Makes conforming changes to GS 115C-37.1 (concerning vacancies in offices of county boards elected on partisan basis in specified counties), effective on the first Monday of December of 2018.
Intro. by Sanderson. | Carteret |
Adds the entire right‑of‑way of Capital Boulevard from the Franklin County line to the north bank of the Neuse River at the Neuse River Bridge to Wake Forest's corporate limits. Effective June 30, 2017. Provides that property in the described territory as of January 1, 2017, is subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2017.
Identical to H 262, filed on 3/7/17.
Removes two parcels, as described, from the City of Kannapolis's corporate limits. Specifies that, as of January 1, 2017, the property as described in Section 1 of the act is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2017. Effective June 30, 2017.
Identical to H 209, 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 boards of education for the Davidson County Schools, Lexington City Schools, and Thomasville City Schools with additional flexibility in adopting their school calendars.
Applies beginning with the 2017-18 school year.
Intro. by Dunn. | Davidson |
Actions on Bills: 2017-03-14
H 11: HANDICAP PARKING PRIVILEGE CERTIFICATION.
H 15: CONVEY STATE PROP. TO WRIGHTSVILLE BEACH (NEW).
H 63: CITIZENS PROTECTION ACT OF 2017.
H 86: VIRTUAL CURRENCY CHANGES (NEW).
H 95: TRUCK DELIVERIES TO PORT/NIGHT TRAVEL.(NEW)
H 135: TECHNICAL CHANGES TO COURSES OF STUDY STATUTE.
H 144: CREDIT UNION/TRUST INSTITUTION CHANGES.
H 150: STANDARDS FOR CHIROPRACTIC PEER REVIEW.
H 164: CHECK-OFF DONATION: CANCER SCREENING.
H 199: ESTABLISH STANDARDS FOR SURGICAL TECHNOLOGY.
H 205: WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW).
H 207: MOTORCYCLE LICENSE/EXEMPT ANTIQUE SCOOTERS.
H 212: ZETA PHI BETA SPECIAL REGISTRATION PLATE.
H 223: SPECIAL PLATES/HANDICAPPED PLACARD RENEWAL. (NEW)
H 226: CONSULTATION REQUIREMENTS FOR DHHS.
H 235: TEACHER MENTOR QUALIFICATIONS.
H 239: REDUCE COURT OF APPEALS TO 12 JUDGES.
H 240: GA APPOINT FOR DISTRICT COURT VACANCIES.
H 241: SPECIAL SUP. CT. JUDGESHIP APPOINTED BY GA.
H 244: PUBLIC PARTICIPATION/COMPOSTING FACILITIES.
H 256: 2017 APPOINTMENTS BILL (NEW).
H 258: AMEND MED. MAL. HEALTH CARE PROVIDER DEFIN.
H 322: SCHOOL PERFORMANCE GRADES.
H 323: HONOR THE LIFE AND MEMORY OF HOWARD WILSON.
H 325: AMEND ARSON LAW/PROSECUTOR FUNDS.
H 326: MILITARY COLLEGE PLATES/REDUCE APPLICATIONS.
H 327: NC BOARD OF PROPRIETARY SCHOOLS.
H 328: ATHLETIC ASSOCIATIONS ACCOUNTABILITY ACT.
H 329: HOME SCHOOL EDUCATION TAX CREDIT.
H 330: CIVPRO/QUALIFIED IMMUNITY FOR AUTO ACCIDENT.
H 332: MORROW MOUNTAIN STATE PARK LICENSE PLATE.
H 333: LOCAL OPTION SALES TAX FLEXIBILITY.
H 334: FAMILIES' STABILIZATION ACT.
H 335: RESTORE LAST SATURDAY EARLY ONE-STOP (NEW).
H 336: LTD. LICENSE/DRIVE TO SCHOOL EVENT PAST 9:00.
H 337: UNMANNED AIRCRAFT SYSTEMS LAW REVISIONS.
H 338: ESTABLISH NEW NURSE LICENSURE COMPACT.
H 339: NORTH CAROLINA TEACHING FELLOWS.
H 340: SPECIAL SEPARATION ALLOWANCE FIREFIGHTERS/RSW.
H 341: UNLICENSED DRIVER/TOW VEHICLE.
H 343: ENFORCEMENT OF DVPO ON APPEAL.
H 344: EXEMPT OCULAR SURGERY FROM CON LAWS.
H 345: OMNIBUS FIREARMS BILL.
H 348: GIVE RETIREES 1.5% COLA/FUNDS.
H 351: UTILITIES/RATE BASE/FAIR VALUE DETERMINATION.
H 352: RATE MAKING/WATER/WASTEWATER PUBLIC UTILITIES.
H 353: AUTHORIZE STATE PARK SYSTEM EXPANSION.-AB
H 354: HEATING & PLUMBING DISCIPLINARY CHANGES.
H 355: FIREFIGHTERS' DEATH BENEFITS/CANCERS.
H 356: TAX REDUCTION ACT OF 2017.
H 357: MODERNIZE DIETETICS/NUTRITION PRACTICE ACT.
H 358: MODERNIZE RESPIRATORY CARE PRACTICE ACT.
S 8: BLDG. CODE EXEMPT/AIRPORT CHANGES (NEW).
S 42: REDUCE COST & REG. BURDEN/HOSP. CONSTRUCTION.
S 62: VETERANS' AFFAIRS COMMISSION/STRATEGIC PLAN.
S 64: VETERANS' HISTORY AWARENESS MONTH.
S 68: BIPARTISAN BD OF ELECTIONS AND ETHICS ENFORCE (NEW).
S 69: LOCAL GOV'T COMM/FINANCE OFFICER TRAINING.
S 75: CONST. AMD. - MAX. INCOME TAX RATE OF 7.0% (NEW).
S 100: AERIAL ADVENTURE FINANCIAL RESPONSIBILITY.
S 124: LEO MANAGED CBD OIL DROP BOX.
S 125: VARIOUS CHANGES TO EDUCATION (NEW).
S 131: REGULATORY REFORM ACT OF 2016.
S 148: JUROR EXCUSED BY CLERK/MODIFY VARIOUS APPTS (NEW).
S 228: VOTER FREEDOM ACT.
S 229: PROTECTION FOR FORMER GOVERNMENT OFFICER.
S 230: EXEMPT VACATION LINEN RENTALS FROM SALES TAX.
S 231: DENTAL SERVICES/MEDICAID TRANSFORMATION.
S 232: SEPTIC TANK TAX FAIRNESS ACT.
S 234: SBA PAY/NEEDS-BASED PUB. SCH. CAPITAL FUND.
S 235: APPROPRIATIONS ACT OF 2017.
S 236: EFFICIENT AND AFFORDABLE ENERGY RATES.
S 239: YOUTH DEVELOPMENT PILOT PROGRAM.
S 240: APPROPRIATIONS ACT OF 2017.
S 241: SECRETARY OF TRANSPORTATION CONFIRMATION.
S 242: SECRETARY OF DPS CONFIRMATION.
S 244: COASTAL CRESCENT TRAIL/STATE PARKS SYSTEM.
S 245: AMEND SENATE UNC BOG ELECTION.
S 247: IMPROVE PROFESSOR TEACHING OPPORTUNITIES/UNC.
S 248: NC BOARD OF PROPRIETARY SCHOOLS.
S 250: JUDICIAL STANDARDS COMMISSION.
S 251: PRIVACY/PROTECT SSN/CHP.
S 252: NORTH CAROLINA TEACHING FELLOWS.
S 254: ACCESS TO SPORTS/EXTRACURR. CERTAIN STUDENTS.
S 255: STOP IMAGES TAKEN W/O CONSENT FROM DISSEMIN.
S 256: BODY ART REGULATION CHANGES.
S 257: APPROPRIATIONS ACT OF 2017.
S 258: ENACT NATUROPATHIC DOCTORS CERTIFICATION ACT.
S 259: RESTORE MASTER'S DEGREE PAY FOR ALL TEACHERS.
S 263: UNC BOARD OF GOVERNORS VACANCY.
Actions on Bills: 2017-03-14
H 324: PILOT PROJECT TO TREAT OPIATE OVERDOSE.
H 331: CORRECT BOARD MEMBER TERMS/TOWN OF OAKBORO.
H 342: CREEDMOOR CHARTER REVISED & CONSOLIDATED.
H 346: SCHOOL CALENDAR FLEX./IREDELL COUNTY.
H 347: MV MUNICIPAL TAX/EXCLUDE TRAILERS.
H 349: CURRITUCK-DEVELOPER FUNDS FOR ROAD CONSTR.
H 350: CHARLOTTE CRB/ISSUE SUBPOENA.
S 19: EVEN YR MUNICIPAL ELECTION/TOWNS OF TROY/STAR.
S 227: SCHOOL CAL. FLEX./CERTAIN SYSTEMS.
S 233: PERMIT ALIGN SCHOOL/COMM. COLLEGE CALENDAR.
S 237: SCHOOL CALENDAR FLEX./CASWELL COUNTY.
S 238: CASWELL COUNTY MEALS TAX.
S 243: 14TH SENATORIAL DISTRICT LOCAL ACT-1.
S 246: 44TH SENATORIAL DISTRICT LOCAL ACT-1.
S 249: COYOTE BOUNTY PILOT PROGRAM.
S 253: PARTISAN ELECTIONS/CERTAIN SCHOOL BOARDS. (NEW)
S 260: WAKE FOREST ANNEXATION.
S 261: KANNAPOLIS DEANNEXATION.
S 262: SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS.
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