House committee substitute makes the following changes to the 1st edition.
Amends GS 135-8(b)(1) to make a clarifying change.
Amends GS 128-30(b)(1) to make clarifying changes.
Adds a section amending GS 147-69.2A, to provide that following a public procurement process, the specified designees must jointly and unanimously select a third-party professional investment management firm, subject to the rules and regulations of (was, registered with) the US Securities and Exchange Commission for fund administration.
Adds a section amending GS 147-86.73(g1) to refer to the ABLE Account application package instead of application form.
The Daily Bulletin: 2017-03-15
House committee substitute makes the following changes to the 1st edition.
Amends GS 90A-51 to add body art establishment sanitation to those environmental health service areas that are under the definition of environmental health practice for the purposes of GS Chapter 90A, Article 4, Registrations of Environmental Health Specialists.
Amends GS 115D5(b)(12), authorizing the State Board of Community Colleges to waive tuition and registration fees for all courses taken by high school students at community colleges (currently only applies to curriculum courses).
Amends GS 115D20(4) to authorize local community colleges to offer, in addition to all currently authorized offerings, academic transition pathways for qualified junior and senior high school students that lead to State or industryrecognized credentials.
Applies beginning with the 201718 academic year.
|Intro. by Clampitt, Brody, Stevens, Sauls.||GS 115D|
Identical to S 244, filed 3/13/17.
Requires the Department of Natural and Cultural Resources (DNCR) to add the Coastal Crescent Trail through Johnston, Sampson, Cumberland, Bladen, Pender, and Onslow counties, as well as other counties designated by the Secretary of the Department of Natural and Cultural Resources, to the Mountains‑to‑Sea State Park Trail. Requires that the trail route include public and private lands. Requires the Secretary and staff of DNCR to work with the staff and volunteers of Friends of the Mountains‑to‑Sea Trail to plan and develop the route. Requires DNCR, by October 1, 2017, to amend the State Parks System Plan required by GS 143B-135.48 to reflect the addition of the Coastal Crescent Trail to the Mountains‑to‑Sea State Park Trail.
|Intro. by Shepard, McElraft, White, Strickland.||UNCODIFIED|
Amends GS 7B200(a) to grant the district court exclusive, original jursidction over proceedings to review the placement of a young adult in foster care under GS 108A48 and GS 7B910.1.
Amends GS 7B404 (Immediate need for petition when clerk's office is closed). Directs magistrates, when the office of the clerk is closed, to accept petitions alleging a juvenile to be abused, neglected, or dependent, and petitions alleging the obstruction of or interference with an assessment required by GS 7B302. Limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under GS 7B303 (interference with assessment), and any petitions accepted for filing under this statute must be delivered to the clerk's office for processing as soon as it opens for business.
Amends GS 7B405 (Commencement of action). Clarifies that an action is commenced when a juvenile petition is accepted by a magistrate, as described above. Amends GS 7B407 (Service of Summons) to clarify that a summons shall be served under GS 1A1, Rule 4.
Amends GS 7B505(a) to further allow temporary residential placement in the home of a parent, relative, nonrelative kin, or other person with legal custody of a sibling of the juvenile (was, a relative's home).
Amends GS 7B505.1. Amends the caption to read "Consent for medical care for a juvenile placed in nonsecure custody of a department of social services." Authorizes the director of a county department of social services to further arrange for, provide, and consent to treatment for common pediatric illnesses and injuries that require prompt intervention. Also amends GS 7B2503, concerning undisciplined juveniles and GS 7B2506, concerning delinquent juveniles, by deleting provisions related to the director's authority over medical care and consent requirements be heard in the person's own behalf, and to examine witnesses.
Amends GS 7B506 (hearing to determine need for continued nonsecure custody) to allow parties the right to introduce evidence (currently allows a specified list of parties). Provides that GS 7B905.1 apply to determine visitation.
Amends GS 7B906.1 to direct the court to conduct a review hearing within 90 days of the initial dispositional hearing held pursuant to GS 7B901 in all instances (was, limited to instances where the parent, guardian, or custodian lost custody). Directs the court to schedule a permanency planning hearing within 30 days of determining that efforts to reunite a juvenile with either parent would be unsuccessful or inconsistent with the juvenile's health and safety. Adds that the statute does not apply to post termination of parental rights' placement reviews. Makes a technical change.
Amends GS 7B908 to require the court to further conduct placement reviews when parental rights have been relinquished under GS Chapter 48. Amends language throughout the statute to refer to permanent placement plans (instead of a singular plan).Makes conforming changes. Deletes references to the North Carolina Adoption Resource Exchange, and the North Carolina Photo Adoption Listing service, and replaces them with the NC Kids Adoption and Foster Care Network and other childspecific recruitment programs. Directs the court to adopt concurrent permanent plans and identify the primary and secondary plan in accordance with GS 7B906.2. Provides a contingency in which the court may order a placement that the court finds to be in the juvenile's best interest.
Amends GS 7B910.1(d) to make a technical change.
Amends GS 7B1106 to refer to service of process under GS 1A1, Rule 4 (currently Rule 4(j)).
Amends GS 7B3600 to replace references to GS 7B903, GS 7B2503, and GS 7B2506 with GS 7B505.1 and GS 7B903.1.
Effective October 1, 2017.
|Intro. by Jordan.||GS 7B|
Amends GS 143-460, which includes the definitions for use in Article 52, Pesticide Board, of GS Chapter 143. Adds and defines the term neonicotinoid pesticide as any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, imidacloprid, nithiazine, acetamiprid, clothianidin, dinotefuran, thiacloprid, thiamethoxam, and any other chemical designated by the North Carolina Pesticide Board (Board) as belonging to the neonicotinoid class of chemicals. Excludes from the term pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals harmful to the health of a domesticated animal, personal care products used to mitigate lice or bedbugs, or any product regulated under the North Carolina Structural Pest Control Act.
Amends GS 143-443 to make it illegal to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any neonicotinoid pesticide to the public at retail, unless the seller is authorized to sell a restricted use pesticide. Also makes it unlawful to use a neonicotinoid pesticide, unless the person is: (1) a licensed pesticide applicator, or a person working under the direct supervision of a licensed pesticide applicator; (2) a farmer, or person working under the direct supervision of a farmer, who uses the pesticide for agricultural purposes; or (3) a veterinarian using the pesticide in the practice of veterinary medicine.
The above provisions are effective October 1, 2017.
Requires the Board, with the assistance and input of the Pesticide Advisory Committee, to monitor the final pollinator risk assessments undertaken by the US Environmental Protection Agency and report on any legislative or regulatory changes necessary to protect pollinators within the state, taking into account findings and any recommendations of the risk assessment. Requires the Board to forward its report and recommendations for statutory and regulatory changes to the Commissioner and the Environmental Review Commission within six months of the completion of the final pollinator risk assessments for neonicotinoid pesticides.
Requires the Board to study whether the State should have the authority to regulate the use and sale of seeds treated with systemic insecticides, and report study results to the Environmental Review Commission no later than November 1, 2017.
|Intro. by Harrison, McGrady, G. Martin, Setzer.||GS 143|
Identical to S 189, filed 3/6/17.
Amends GS 15-1. Tolls the statute of limitations for crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed $5, and all misdemeanors except malicious misdemeanors, during the time a misdemeanor is dismissed with leave. Requires those same crimes to be charged (was, presented or found by the grand jury) within two years after the commission of the crime, and clarifies that the provision preserving the validity of a defective indictment preserves any criminal process.
Effective December 1, 2017, and applies to offenses committed on or after that date.
|Intro. by R. Turner.||GS 15|
Amends GS 20219.2 to prohibit the towing of a vehicle displaying a handicapped plate or placard in a shopping center or mall parking space in violation of subsection (a) of the statute unless three hours have passed from the time the violation is discovered by the space's owner or lessee, or the vehicle is impeding the flow of traffic or otherwise jeopardizing the public welfare.
Effective October 1, 2017, and applies to vehicles subject to towing on or after that date.
|Intro. by Insko.||GS 20|
Enacts new GS Chapter 95, Article 2B (Retail Workers' Bill of Rights).
Lists legislative findings regarding employment in retail work, and defines seven terms including employer and retail establishment.
GS 9525.33, advance notice of work schedules and schedule changes, requires employers to provide new employees with written nonbinding estimates of the employee's expected minimum number of scheduled shifts per month and the days and hours of those shifts. Allows employees to request employers to modify the proposed work schedule, and requires an employer to accept or reject the request prior to the start of employment. Requires employers to provide employees with at least two weeks' notice of work schedules by posting the schedule on a biweekly schedule, either at the workplace or online. Requires an employer to give notice to an employee of any change to the employee's schedule, and requires additional compensation to the employee based on how long before the changed shifts notice was given, and the length of the changed shifts. Requires pay for oncall shifts in which an employee is not called into work. Provides seven exceptions for the schedule change and oncall shift compensations, including for acts of God and unexpected absences of other employees. Allows employers to provide greater advance notice than required by this statute.
GS 9525.34, equal treatment for parttime employees, prohibits employers from differentiating wages, paid and unpaid time off, and eligibility for promotion, between parttime and fulltime employees based on status as a part or fulltime employee. Provides that eligibility for promotion may be contingent upon the employee's availability for fulltime employment.
GS 9525.35, notice of employee rights, directs the Commissioner of Labor (Commissioner) to publish and make available to employers, in specified languages, a notice suitable for posting by employers in the workplace informing employees of their rights under this Article, by the effective date of this act. Directs the Commissioner to update the notice on December 1 of any year in which there is a change in the required languages (based on languages spoken by percentages of the State's workforce). Directs employers to post the notice in a conspicuous place at every workplace in the State under the employer's control visited by its retail employees.
GS 9525.36, records; retention requirements, requires employers to retain work schedules and payroll records for three years, and to allow the Department of Labor (Department) access to them to monitor compliance with this Article. Grants the Commissioner access to all places of labor subject to this Article during business hours to inspect books and records, interview employees, and investigate matters necessary to determine whether the employer has violated this Article. Provides that failure to maintain adequate records, or failure to allow the Department reasonable access to them as required, creates a presumption that the employer did not comply with the Article, absent clear and convincing evidence otherwise.
GS 9525.37, exercise of rights protected; retaliation prohibited, prohibits the interference with the exercise any right protected under this Article. Prohibits employers from taking adverse employment action in retaliation for the exercise of rights protected under this Article.
GS 9525.38, investigation; enforcement, authorizes the Commissioner to enforce the Article, including investigation of possible violations of the Article. Authorizes the Commissioner to order temporary or interim relief to mitigate a violation that the Commissioner has reason to believe has occurred, or to maintain the status quo, pending the completion of an investigation. Provides for the Commissioner to provide notice to an employer that has been determined to be in violation, as described, and authorizes the Commissioner to order appropriate relief, including payment of lost wages, as well as an administrative penalty, to employees, and enforcement costs to the state. Provides for an appeal to the NC Office of Administrative Hearings, and subsequently to the Wake County Superior Court, and describes the steps required to pursue such an appeal. Provides that failure to appeal constitutes failure to exhaust administrative remedies.
Clarifies that the Article does not limit other rights and remedies provided by law to employees. Contains a severability clause.
Clarifies that the Article does not create rights, requirements, power, or duties in conflict with any State or federal law.
Effective January 1, 2018.
|Intro. by Brockman, Fisher, Harrison, Holley.||GS 95|
Appropriates $7.5 million each for 201718 and 201819 from the General Fund to the Department of Health and Human Services, Office of Rural Health (Office), for the Community Health Centers Grant Program to award grants on a competitive basis to listed health organizations with a focus on providing healthcare services to lowincome and vulnerable populations, as specified. Limits the Office to $300,000 of the appropriated funds for 201718 for administration of the Community Health Centers Grant Program. Directs the Office to work with specified healthcare associations to establish a Primary Care Advisory Committee to develop a process for grading grant applications and making recommendations to the Office for the reward of grants. Directs the Office to make the final decision about rewarding grants, but provides that no single grant may exceed $150,000 for a fiscal year. Directs the Office to give preference to applicants located in areas with the highest incidences of poverty, or that serve the highest percentage of indigent clients. Prohibits grant recipients from using grant funds to enhance compensation for persons receiving funds for program administration, to supplant existing funds, or to finance or satisfy any existing debt. Directs the Office to develop a reporting method for grantees, and directs grantees to report annually on specified information regarding the success of the Community Health Centers Grant Program.
Effective July 1, 2017.
|Intro. by Dobson, Presnell, Jordan.||APPROP|
Amends GS 15205 to give probation officers the authority of peace officers on prison property for the purpose of protecting life and property, for transferring prisoners from place to place, and for apprehending, arresting, and returning to prison escaped prisoners. Authorizes probation officers to assist law enforcement officers in effecting arrests and preventing escapes when requested by the officer, or when such assistance is necessary in the judgment of the probation officer.
Amends GS 15A1343 to authorize a court to further require defendants on community and intermediate probation to submit to a curfew as determined by a probation officer, and allows for it to be monitored electronically. Requires a probationer, as a regular condition of probation, to submit at all times to warrantless and suspicionless searches by a probation officer or law enforcement officers, of the probationer's person, property, place of residence, vehicle, and personal effects. Also allows warrantless searches of the probationer's cell phone, computer, or other electronic devices, while the probationer is present for purposes reasonably related to the probation supervision.
Amends GS 15A1368.4(e)(10) to require persons on postrelease supervision to submit to searches identical to those described above.
Amends GS 15A1374(b)(11) to require parolees to submit to searches identical to those described above.
Amends GS 15A101.1 to amend the definition of electronic monitoring, electronically monitor and satellite-based monitoring to include devices that are not kept on the body of the monitored person. Also deletes specifications on battery life and how often specified information is recorded. Amends GS 15A1343.2 to further authorize the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety (Section) to require an offender sentenced to community punishment or intermediate punishment to obtain a specific sex offender assessment and follow recommended treatment, and to obtain a mental health assessment and follow recommended treatment. Authorizes the Section to require offenders placed on supervised probation for a conditional discharge or deferred prosecution to comply with the requirements listed in subsection (e), except for that in subdivision (5), and authorizes a probation officer to exercise authority delegated by the court pursuant to those requirements. Authorizes an offender to file a motion with the court to review a probation officer's actions. Makes a technical change.
Amends GS 20179 to authorize the Section to require an impaired driving offender placed on supervised probation to do a list of nine things, including community service, substance abuse treatment, and house arrest. Authorizes a probation officer to exercise authority delegated by the court. Directs the Department of Public Safety, Division of Adult Correction to adopt guidelines and procedures to implement this statute. Specifies requirements and procedures for confinement of a probationer under the statute.
Effective December 1, 2017, and applies to defendants placed on probation on or after that date.
Enacts new GS 15A1344(d3). Provides that an offender on probation supervision under the Interstate Compact for Adult Offender Supervision (Compact), who has violated their probation terms, may be sanctioned with confinement of a length determined in the statute by the offender's underlying conviction, or any other condition listed in GS 15A1343.
Amends GS 14865.8. Amends the caption to read "Interstate parole and probation hearing procedures for retaking by the sending state." Deletes references to reincarceration.
Enacts new GS 15A1343.2(g1) (Supervision Under Compact). Provides that offenders supervised under the Compact may be required by the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety (Section) to do any of nine things, including community service and house arrest with electronic monitoring. Authorizes the Section to reduce any of the requirements it imposes. Requires the offender to have failed to comply with one or more of the supervision conditions, or to be high risk, except that being high risk does not authorize the Section to require the offender to submit to a period of confinement in a local confinement facility as described in Subdivision (5).
Enacts new GS 14208.40B(d) to direct a court to consider whether an offender, transferred to North Carolina under the Compact, whose crime is a reportable conviction under GS 14208.6(4), but whose sentencing court in a different state did not consider or order satellitebased monitoring, to consider whether the offender's conviction requires satellitebased monitoring. Specifies the procedure for that determination.
Effective December 1, 2017, and applies to offenders placed on probation on or after that date.
Recodifies GS 143320(3) as GS 143B135.44(3a).
Recodifies GS 143323(a) and (b) as GS 143B135.58(a & b) (Additional powers and duties of the Department regarding recreation).
Amends GS 143B135.58, as enacted above, to transfer specified duties concerning recreation from the Department of Environmental Quality to the Department of Natural and Cultural Resources (DNCR). Authorize and directs the DNCR, Division of Parks and Recreation, to accept and administer funding through the federal Land and Water Conservation Fund, or any successor for similar purposes, with the assistance of any additional personnel designated by the Secretary of Natural and Cultural Resources (Secretary), and to make a technical change.
Amends GS Chapter 143B, Article 2, Part 39 by changing the title to "North Carolina Zoological Park," and by enacting new GS 143B135.204 (Administration of the North Carolina Zoological Park). Directs the Secretary to administer the North Carolina Zoological Park, and specifies the Secretaries duties, including to adopt goals and objectives for the Zoological Park, and to acquire, dispose of, and develop Zoological Park property.
Changes the name of the Clean Water Management Trust Fund to the Land and Water Preservation Trust Fund, and directs the Revisor of Statutes to conform names and titles to that name change throughout the General Statutes, effective January 1, 2018.
Except as otherwise provided, the act is effective when it becomes law.
|Intro. by McGrady, McNeill, Hurley.||GS 143B|
Enacts new GS 95127(2a) to define Carolina Star Program as a voluntary program that recognizes work sites that implement effective safety and health management systems and meet specified standards.
Enacts new GS 95157 (Carolina Star Program). Authorizes the Commissioner of Labor (Commissioner) to adopt rules for the operation of the Carolina Star Program in a way that will promote safe and healthy workplaces throughout the State, and lists seven matters the rule should address, including assessment of occupational hazards. Directs that applications for participation should be submitted by management. Directs the Department of Labor (Department) to provide onsite evaluations by Carolina Star Program evaluation teams of applicant workplaces. Workplaces that participate in the Carolina Star Program are exempt from inspections under GS 95136, except for those arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents, or significant toxic chemical releases.
Allows workplaces that participated in the uncodified Carolina Star Program prior to July 1, 2017, to continue as a participant, conditioned upon that workplace's ability to meet the relevant requirements and expectations established by guidelines for participation adopted by the Commissioner.
Effective July 1, 2017.
|Intro. by McElraft, Howard, Johnson, Hurley.||GS 95|
Amends GS 9525.5(a) to direct the Commissioner of Labor to issue youth employment certificates, both directly and electronically (currently certificate issuance is subject to review by the Department of Labor and county directors of social services).
Amends GS 95117(4) to define funicular and gondola, and to make technical changes.
Amends GS 95120(1) to direct rules adopted under that statute to conform with good engineering and safety standards, formulas, and practices (currently requires conformity with a specified publication).
Enacts new GS 95125.1 (Operation of unsafe device). Prohibits the operation and use of devices under GS Chapter 95, Article 15 (Passenger Tramway Safety) if the operator knows or reasonably should know that operation or use will expose the public to an unsafe condition which is likely to result in personal injury or property damage.
Enacts new GS 95125.2 (Reports required). Requires owners of any device regulated under Article 15 to notify the Commissioner within 24 hours of every occurrence involving the device resulting in death or injury requiring medical treatment by a physician, or damage to the device indicating a substantial defect. Directs the Commissioner, without delay, to make a complete and thorough investigation of the occurrence, and to file a report and give in detail all facts and information available. Prohibits, after an occurrence reported under this statute, the operation or moving of the device without approval of the Commissioner, except as to prevent injury, or the removal of any part of the device or attempt to repair any damaged part necessary to an investigation.
Enacts new GS 95125.3 (Violations, civil penalties, appeal, criminal penalties). Creates civil penalties in different amounts for violations of GS 95118 (concerning registration), GS 95120.1 (concerning liability insurance) and GS 95125.1 (concerning operation of an unsafe device). Commissioner's determination of the amount of the penalty is final, subject to objection by the person charged with violation, at which point a final determination is made pursuant to the Administrative Procedures Act. Authorizes the Commissioner to file a certified copy of a final order with the clerk of court, at which point the clerk shall enter judgment in accordance with the final order and notify the parties. Creates a Class 2 misdemeanor for willful violations of any provision of this Article, including a fine of up to $10,000. A second willful violation is a Class 1 misdemeanor, with a fine of up to $20,000. A willful violation that causes the serious injury or death of any person is a Class E felony, including a fine. Nothing in the article prevents a prosecutor from proceeding against a person who violates this Article on a prosecution charging any degree of willful or culpable homicide.
Amends GS 95174, GS 95191(a), GS 95192, GS 95194, GS 95208, and GS 95216 to replace references to the Standard Industrial Classification with references to the North American Industry Classification System and references to material safety data sheets with safety data sheets. Makes technical changes.
Amends GS 95255 to delete subsection (c) (instructing the Commissioner to notify an employer when its experience rate modifier falls below 1.5).
Effective July 1, 2017.
|Intro. by McElraft, Howard, Johnson, Hurley.||STUDY, GS 7A, GS 25A, GS 62, GS 74D, GS 75, GS 88B, GS 97, GS 105, GS 113A, GS 130A, GS 143B, GS 150B, GS 153A, GS 160A, GS 166A|
Amends GS 115C84.2(d) to authorize a local board of education to schedule its school opening date for any school in the local school administrative unit to coincide with the opening date of a community college serving the city or county in which the unit is located, so long as the opening date is no earlier than August 15. Applies beginning with the 201718 school year.
|Intro. by McGrady, Horn, Johnson, Jordan.||GS 115C|
Amends GS 153A331 and GS 160A372 (regarding subdivision control ordinances for counties and cities, respectively) to authorize counties and cities to administer funds they receive as collateral for a performance guarantee in furtherance of the required improvements. Authorizes a county to contract with another entity to complete required improvements if a subdivision is not located within a municipality.
Establishes the 12-member North Carolina Joint Legislative Task Force on Regulatory Reform (Task Force) to solicit, review, and recommend proposals from owners and managers of businesses, economic development professionals, employers, employees, independent contractors, consumers, and citizens on ways to improve the state's regulatory climate. Specifies issues that must be considered. Specifies membership requirements, provides for chairs, and sets out other provisions governing the functioning of the Task Force. Requires the Task Force to submit a final report to the General Assembly on or before December 31, 2018, and terminates the Task Force on that date or upon the filing of the final report, whichever is first.
|Intro. by Riddell, Millis, Bradford, Brenden Jones.||UNCODIFIED|
To be summarized.
To be summarized.
|Intro. by Setzer, Bumgardner, Henson, Destin Hall.||GS 58|
Amends GS 1472.11 to eliminate the requirement that an exit door bear a notice of the felony offense of larceny from a merchant for theft through that door to count as larceny from a merchant. Further adds exchanging stolen property for something of value, cash, a gift card, or a merchandise card, and returning stolen property and utilizing fictitious identification to prevent the merchant from properly identifying the person seeking to return the property, to the list of circumstances that make larceny the felony of larceny from a merchant.
Amends GS Chapter 14, Article 16A to define organized retail theft enterprise, and to clarify that the ClassH felony of organized retail theft consists of either of the two alreadylisted actions. Further creates a Class G felony of organized retail theft when a person either (1) conspires with another person to commit retail theft of property from retail establishments, with a value exceeding $20,000 aggregated over a 90day period, with the intent to sell that retail property for monetary or other gain, and who takes or causes that retail property to be placed in the control of a person in exchange for consideration, or (2) acts as leader of an organized retail theft enterprise if the person conspires with others as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property stolen from a merchant. Authorizes the prosecution of offenses occurring in different counties to be prosecuted in any county in which one of the violations occurred.
Amends GS 66387 to amend the definition of currency converter to include a person engaged in the business of purchasing gift cards or merchandise cards of any value not issued by the person from the public for cash.
Effective December 1, 2017, and applies to offenses committed on or after that date.
Appropriates $6,632,544 for 2017‑18 and $6,632,544 for 2018‑19 from the General Fund to the Department of Health and Human Services, Division of Social Services, to continue funding for the Intensive Family Preservation Services program. Requires the funds to be used in accordance with the criteria set forth in Section 12C.2 of SL 2015‑241. Effective July 1, 2017.
|Intro. by Hardister, Adcock.||APPROP|
Adds new Article 62B to GS Chapter 106, entitled the Healthy Food Small Retailer Act.
Enacts new GS 106-755.5 providing the following. Sets out six General Assembly findings. States that the program established in the statute is intended to provide a source of funding and assistance for small food retailers operating in the state with the goal of increasing availability and sales of fresh fruits, vegetables, and other nutrient‑dense foods at affordable prices to local residents and improving the diet and health of local residents, especially in food desert zones. Creates the Healthy Food Small Retailer Fund (Fund) as a restricted reserve in the Department of Agriculture and Consumer Services (Department) and specifies that funds in the Fund do not revert but remain available to the Department for food desert relief purposes. Sets out and defines terms as they are used in the statute, including business, food desert relief, and zone. Defines a small food retailer as a business that is a small retail outlet of no more than 5,000 heated square feet that sells a limited selection of foods and other products.
Requires the Commissioner of Agriculture, upon application by a county, to make a written determination as to whether an area is a food desert zone; the determination is effective until December 31 of the year 10 years following the year in which the determination is made. Requires the Department to annually publish a list of all food desert zones with a description of their boundaries. Specifies items that must be included in the application. Requires the Department to develop guidelines providing for the administration of the program and selection of recipients of food desert relief. Allows the Department to use up to 5% of the funds appropriated to the Fund to administer the Fund. Specifies provisions that must be included in the guidelines. Limits the use of funds in the Fund to (1) amounts to a county or regional public health department to purchase and install at a small food retailer refrigeration equipment, display shelving, and other equipment necessary for stocking nutrient‑dense foods; total funding may not exceed $5,000 per small food retailer; (2) amounts to a county or regional public health department to be given to a small food retailer to offset initial expenses related to participating in food desert relief efforts; total funding may not exceed $100 per small food retailer; or (3) amounts to a county or regional public health department to cover salaries and associated costs of either employees or contractors providing technical assistance to small food retailers on nutrient‑dense food safety and handling, nutrition education, and business operations and promotion related to nutrient‑dense food inventory; total funding may not exceed $1,500 per small food retailer.
Provides that funds may be disbursed from the Fund only in accordance with agreements entered into between the state and one or more county or regional public health departments and between the county or regional public health department and a small food retailer. Specifies provisions that must be included in the agreement.
Allows funds to be disbursed to the county or regional public health department only after the county or regional public health department has demonstrated that the retailer has complied with the terms of the retailer performance agreement. Requires that funds be disbursed according to the disbursement schedule established in the local food desert relief agreement.
Requires the Department to publish a report on the use of funds in the Fund on or before April 30 of each year. Requires the report to be submitted electronically to the Joint Legislative Oversight Committee on Health and Human Services, the House and Senate appropriations committees with jurisdiction over agriculture and natural and economic resources, and the Fiscal Research Division. Specifies items to be included in the report.
Requires the Department to develop guidelines related to the administration of the Fund and to the selection of projects to receive allocations from the Fund. Requires the Department to publish the proposed guidelines on its website and provide notice to those requesting notice at least 20 days before the effective date of any guidelines or nontechnical amendments to guidelines. Also requires the Department to accept comments on the proposed guidelines during the 15 business days beginning on the first day that the Department has completed these notifications. Defines a technical amendment.
|Intro. by Holley, Lambeth, McElraft, Quick.||GS 106|
Amends GS 160A288 (cooperation between law-enforcement agencies) and GS 160A288.2 (assistance to State-law enforcement agencies) to authorize the head of any lawenforcement agency to temporarily provide assistance to another agency, or State law enforcement agency as described, unless specifically prohibited or limited by an ordinance (currently only authorized in accordance with rules, policies, or guidelines of the governing body). Makes clarifying changes.
|Intro. by McNeill, Faircloth, Meyer.||GS 160A|
Includes whereas clauses.
Requires the State Board of Education (State Board) to establish a School Calendar Flexibility Pilot Program (Program) to determine the impact of school calendar flexibility for opening and closing dates on student achievement and summer internships and to identify and quantify the communities that can support local school calendar control and those that cannot.
Authorizes all local school administrative units in the 20 specified counties to participate in the Program, but provides that any local board of education of a local school administrative unit authorized to participate in the Program may elect not to participate; sets out the process for authorizing replacement local school administrative units.
Requires each participating local school administrative unit to participate for three school years, beginning in either the 2018‑19 school year or the 2019‑20 school year. Requires the State Board to give the Department of Commerce a list of the participating local school administrative units by February 1, 2018.
Provides that local boards of education of participating local school administrative units will determine, for the duration of the Program, the dates of opening and closing the public schools; and that except for year‑round schools, the opening date for students will be no earlier than the Monday closest to August 10 and the closing date for students shall be no later than the Friday closest to June 11.
Requires the Department of Public Instruction (DPI) to, for the duration of the Program, contact each participating local school administrative unit annually to determine: (1) the actual dates for opening and closing the public schools, (2) the impact of the Program on student achievement and summer internships, and (3) any other information DPI deems necessary for purposes of the study. Requires DPI to give the Department of Commerce the actual dates for opening and closing the public schools in each participating local school administrative unit.
Requires the Department of Commerce to study the effect of the Program on the tourist industry.
Requires the State Board and Department of Commerce, by November 15 of each year following the operation of the Program, to separately report to the UNC School of Government (SOG) on the effects of the Program. Specifies items that must be included in the report. Also requires the State Board to recommend any local school administrative units that should be assigned calendar flexibility on an ongoing basis. Requires the Department of Commerce to report on any economic impact of the Program on the tourism industry in the State. Requires the SOG to evaluate this information and provide an aggregated report to the Joint Legislative Education Oversight Committee by December 15 of the same year.
|Intro. by Warren, Horn, Johnson, McGrady.||STUDY|
Identical to S 208 filed on 3/7/17.
Enacts GS 153A-275.1 authorizing a county to provide infrastructure for the purpose of expanding high-speed internet access service in unserved areas of the county to promote and encourage economic development. Defines high-speed internet access service and unserved area. Specifies that the infrastructure can include, but is not limited to, conduit, fiber-optic cable, and fiber-optic wire. Authorizes the county to lease the infrastructure to unaffiliated, qualified private providers of high-speed internet access service. Requires any leases under this statute to comply with the provisions of Article 8 of GS Chapter 143 (concerning county property), and to be awarded on a technology-neutral basis. Requires the county to use only unrestricted general fund revenue to provide the authorized infrastructure. Clarifies that the statute does not permit a county to provide internet service.
Makes conforming changes to amend GS 153A-274 to include high-speed internet access service to the defined term public enterprise, as used in Article 15 of GS Chapter 153A (Public Enterprises).
|Intro. by Dobson, Bert Jones, Presnell, Garrison.||GS 153A|
Urges Congress to enact an "American Economic Recovery Program," consisting of specified proposals that (1) restore the provisions of the GlassSteagall Act which aim to restore the separation of investment and commercial banking, (2) return to a national banking system, (3) use the federal credit system to build a modern network of highspeed rail, power generating systems, water projects, and urban and rural infrastructure, and (4) launch an initiative to rebuild our space program to explore the solar system and inspire future generations.
|Intro. by Willingham.||JOINT RES|
Amends GS 10B3 which includes definitions for use in GS Chapter 10B, Notaries, to define reside legally to mean a citizen of the United States or an alien lawfully admitted for permanent residence.
|Intro. by Millis, Burr, Cleveland, Conrad.||GS 10B|
The Daily Bulletin: 2017-03-15
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 115C-12(33a) to require the State Board of Education to work in collaboration with active military installations, veterans, and veterans' service organizations when developing recommended programs to give students a better understanding of the meaning and importance of the contributions of American veterans.
|Intro. by D. Davis, Barefoot, Brown.||GS 115C|
Enacts new GS 160A311.1 (Flood control activities under stormwater management programs). States legislative findings. Authorizes a city to purchase property for the purpose of demolishing floodprone buildings, and to implement flood damage reduction techniques (including specified elements) that improve private property. Requires the city to comply with the policy document approved by the city council when engaging with the above activities. Requires a policy document to establish, at minimum, certain listed policies, including requiring the private property owner's written consent prior to implementation of flood reduction improvements, and may elaborate upon those requirements. Directs existing stormwater advisory committees to review and approve projects that implement flood damage reduction techniques, and to submit an annual report to the city council. Only applies only to cities located in a county that has a population of 275,000 or greater and at least one city with a population of 225,000 or greater.
|Intro. by McKissick.||GS 160|
Appropriates $150,000 for 2017-18 from the General Fund to Lumberton to repair damage to the Town's Riverwalk caused by Hurricane Matthew. Effective July 1, 2017.
Appropriates $159,920 for 2017-18 from the General Fund to the Town of Fair Bluff to repair damage to the Town's Visitors Center caused by Hurricane Matthew. Effective July 1, 2017.
Appropriates $220,820 for 2017-18 from the General Fund to the Town of Fair Bluff to repair damage to the Town Hall caused by Hurricane Matthew. Effective July 1, 2017.
Appropriates $250,000 for 2017-18 from the General Fund to Fair Bluff to repair damage to the Town's Riverwalk caused by Hurricane Matthew. Effective July 1, 2017.
Appropriates $300,000 for 2017-18 from the General Fund to the Community Colleges System Office to be allocated to the Robeson Community College to provide additional training for fire, rescue, and law enforcement personnel. Effective July 1, 2017.
Appropriates $25,000 for 2017-18 from the General Fund to Columbus County to provide first responders with swift water rescue training and equipment. Effective July 1, 2017.
Appropriates $40,000 for 2017-18 from the General Fund to Robeson County to provide first responders with swift water rescue training and equipment. Effective July 1, 2017.
Appropriates $2.1 million for 2017-18 from the General Fund to the UNC Board of Governors for the construction of a School of Optometry at UNC-Pembroke. Effective July 1, 2017.
|Intro. by Britt.||APPROP|
Identical to H 171, filed 2/22/17.
Amends GS 105-275(45) to exclude from property taxation 60% (was, 80%) of the appraised value of a solar electric system, as defined by the statute to mean all equipment used directly and exclusively for the conversion of solar energy to electricity. Effective July 1, 2017, and applies to taxes imposed for taxable years beginning on or after that date.
|Intro. by Britt, Sanderson.||GS 105|
Appropriates $12 million for 2017-18 from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education, to be allocated to the North Carolina Partnership for Children Inc. (Partnership) to develop and implement a comprehensive early literacy initiative. Requires the funds to be used as follows: (1) $7 million to increase statewide access to Dolly Parton's Imagination Library and (2) $5 million to pilot Family Connects, a nurse home visiting program for all parents of newborns, in six counties, including two counties with less than 500 births annually, two counties with 500 to 2,000 births annually, and two counties with greater than 2,000 births annually, with priority in counties that have already implemented the Dolly Parton's Imagination Library program.
Allows the Partnership to use 2% of the funds for program evaluation. Specifies that appropriated funds are not subject to the legislative requirements of the total amount allocated to the Partnership, nor are the funds subject to the child care services funding requirements, child care subsidy expansion requirements, or the specified match requirements.
Requires the Partnership to report on the success of the comprehensive early literacy initiative to the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2018.
Effective July 1, 2017.
|Intro. by Hise.||APPROP|
Part I (Property Insurance Clarity).
Amends GS 583615 to direct the NC Rate Bureau (Bureau) to submit certain information with respect to homeowners insurance rate filings regarding losses, premiums and expenses, and types of homeowner insurance policies to the Department of Insurance (Department). Directs companies to submit to the Department and Bureau catastrophic wind and hail information in response to a call by the Department for losses caused by a specific hurricane. Directs that the above described information is to be posted to the Department's website, as specified. Effective when the bill becomes law, and applies to homeowner insurance rate filings on or after July 1, 2017.
Part II (Bonding Authority).
Amends GS Chapter 58 to enact a new Article 45A (Recovery Finance Authority). Provides legislative findings establishing reasons for the Recovery Finance Authority, including the likelihood that one or more hurricanes or catastrophic events could surpass the financial abilities of the NC Insurance Underwriting Association (Association). Provides 10 definitions for use in this Article, including assessment, bonds, and catastrophe recovery charge.
Creates the North Carolina Recovery Finance Authority (Authority), constituted as a public agency, located in the Department, with specified powers related to the financing of deficits of the Association due to catastrophic events. Provides for a nine member board with two members each appointed by the Speaker of the House and the Senate President Pro Tempore, two members appointed by the Governor, two members appointed by the Association, and one is the Commissioner of Insurance, with the Chair of the Authority to be appointed by the Board. Provides for staggered terms of the initial members and the members thereafter. Provides further requirements for the Authority regarding removal of board members, conflicts of interest and ethics, and compensation. Requires the Authority to create bylaws concerning organizational and administrative matters of the board.
Specifies 20 powers of the Authority, including to invest the proceeds of bonds of the Authority that are pending disbursement or other idle funds and to apply for, accept, and administer loans and grants of money or real or personal property from the United States or any federal agency, the state, or other public or private sources.
Exempts property owned by the Authority from taxation.
Authorizes the issuance of bonds by the Authority as if the Authority were a municipality, with all the powers and protections afforded to municipalities under the State and Local Government Revenue Bond Act. Specifies investment vehicles authorized for use, through contract, by the Authority, including interest rate swap agreements and contracts to exchange cash flows. Specifies provisions for and limitations of entering into such investment contracts. Provides certain obligations of the Authority if the Association requests the issuance of bonds. Requires assignment and payment agreements between the Authority and the Association for each bond issuance, which may include specified terms regarding assignment of obligations to pay claims. Provides provisions for and limitations on issued bonds, including that the bonds are not secured by the full faith and credit of the state, that bonds are considered securities in which varied individuals and institutions can invest, and that they are exempt from all state, county, and municipal taxation or assessment.
Amends GS 58455 to amend the definition of catastrophe recovery charge and to define Recovery Finance Authority or Authority.
Amends GS 584547 concerning deficit events, providing that when the Association expects to incur losses and loss expenses exceeding available surplus or other sources, taking into consideration account sources committed with respect to losses and expenses expected from prior events (previously, did not include clarifying language regarding losses and expenses from prior events), the Association is authorized to issue a nonrecoupable assessment on its members. When it is expected that losses incurred will exceed sources of funding, including permissible member assessments, the Association must also immediately give notice to the Authority that a deficit event has incurred. Provides that upon such notice the Association must provide evidence in regards to its estimates of total losses and expenses expected to be incurred within the calendar year and funding amounts available to it. Such evidence and material is required to be available to the Commissioner for review. Provides that upon certification of the deficit event, the Association can determine the appropriate means of financing the deficit, which can include financing from the Authority. Provides and amends permissible actions if it is determined that losses and expenses incurred have risen to the level necessary for the imposition of a statewide catastrophe recovery charge. Adds new language concerning the Catastrophe Recovery Charge providing that the charge will be a uniform percentage of written premiums as prescribed by the Commissioner, not to exceed an aggregate amount of 10% of the annual policy premium on any one policy of insurance, imposed on policyholders from the Association and the FAIR Plan. Provides for periodic revision of the Catastrophe Recovery Charge as well as provisions concerning the cessation, repayment, and limitations of the Catastrophe Recovery Charge. Makes various technical, organizational, and conforming changes.
Amends GS 120123 to provide that no member of the General Assembly can serve on the Authority.
Amends GS 15981 to provide that the financing of deficits by the Authority can be considered a revenue bond project for the purposes pursuant to the section, and to redefine municipality .
Amends GS 15983 concerning powers associated with revenue bonds, providing that the Authority has the power to contract for the charging of catastrophe recovery charges, including covenanting to make such charges as necessary for the payment of revenue bonds as well as having the power to pledge and assign its rights to the making, revising, receiving, and enforcing such charges for its revenue bonds.
Amends GS 15989, making conforming changes concerning special covenants of issuers of revenue bonds, providing that the Insurance Underwriting Association can enter into agreements to assign obligations to pay claims of amounts in excess of its losses and expenses that exceed available funding to the Authority as well as act as its agent in the recovery of such imposed charges.
Amends GS 15990(a)(1) concerning the maturity dates of bonds, providing that maturity dates for bonds issued by the Authority will be related to the structuring of the repayment of proceeds rather than the facilities paid for, with an overall limit of 40 years.
Amends GS 15993, updating the agreement of the state to not limit or alter the rights vested in the state or any municipality, at the time of issuance of bonds or notes, to include the collection of catastrophe recovery charges.
Amends GS 15995 concerning the approval of state agencies for certain revenue bond projects, providing that bonds issued by the Authority do not require the approval of the Department of Insurance except to the extent catastrophe recovery charges require action pursuant to GS 584547.
Amends GS 15996 concerning geographical limitations for enterprises financed by revenue bonds, providing that no such geographical or territorial limitation exists on the use of proceeds of bonds issued by the Authority other than for payment of a deficit related to a catastrophic event affecting property covered under insurance policies issued by the NC Insurance Underwriting Association.
Part III (Authority to Lower Rates).
Amends GS 583620, establishing that in the event the Commissioner finds that the proposed rates are excessive, the Commissioner will issue an order disapproving the filing and will specify the appropriate rate level that may be used (was, will specify the overall rates that may be used by the members of the Bureau instead of the rates proposed by the Bureau filing).
Part IV (Remove Certain Obsolete References to the Coastal Property Insurance Pool).
Amends GS 58455(2c), making technical deletions and clarifying changes.
Part V (Coastal Insurance Pool Flexibility).
Amends GS 58455 to define mitigation programs, and amends GS 584515 to authorize the Association to adopt and fund mitigation programs for persons insured by the Association. Authorizes the use of Association revenue to fund mitigation programs in GS 584525.
Part VI (Home Elevation Insurance Requirements).
Enacts new GS Chapter 66, Article 47 (Home Elevation Business). Requires entities engaging in home elevation to meet certain specified insurance requirements, including comprehensive general liability insurance, allrisk cargo insurance, and workers' compensation insurance. Effective January 1, 2018.
Part VII (Insurance Adjuster disclosure).
Amends GS 583330 to impose a duty of disclosure of the adjuster's principal upon insurance adjusters licensed under that Article.
Contains a severability clause.
Except as otherwise provided, effective July 1, 2017.
Includes whereas clauses.
Repeals Section 3 of SL 2013-5, which prohibited the expansion of the State's Medicaid eligibility.
Requires the Department of Health and Human Services (DHHS), Division of Medical Assistance (Division), to, beginning January 1, 2018, provide Medicaid coverage to all people under age 65 who have incomes equal to or less than 133% of the federal poverty guidelines. Specifies that the medical assistance provided to persons in this Affordable Care Act expansion group is to consist of the coverage described in 42 USC § 1396a(k)(1).
States the General Assembly's intent to utilize the Medicaid Expansion Assessment under new GS 108A‑131, as well as savings to other State programs as reflected in this act to pay for the State share of costs associated with Medicaid expansion.
Appropriates $27,481,199 in recurring funds for the 2017‑18 fiscal year and $41,023,521 in recurring funds for 2018‑19 from the General Fund to the Division to pay for administrative costs associated with Medicaid expansion. Specifies that these funds provide a State match for the specified amount in federal funds and provides that those federal funds are appropriated to pay for administrative costs associated with Medicaid expansion. Provides that if the amount of federal funds available to pay for administrative costs associated with Medicaid expansion exceeds the amounts set out in the act, then the expenditure of State funds must be reduced by an amount equal to the amount of available excess federal funds, and appropriates those excess federal funds for the described purposes.
Appropriates $114,848,013 in recurring funds for 2017‑18 from the Division to pay for service costs associated with Medicaid expansion. Appropriates $6,731,823 in recurring funds for 2017‑18 from the General Fund to the Division to pay for service costs associated with Medicaid expansion. Specifies that these funds provide a State match for the specified amount in federal funds and provides that those federal funds are appropriated to pay for service costs associated with Medicaid expansion.
Appropriates $273,397,475 in recurring funds for 2018‑19 from the Division to pay for service costs associated with Medicaid expansion. Appropriates $21,347,825 in recurring funds for 2018‑19 from the General Fund to the Division to pay for service costs associated with Medicaid expansion. Specifies that these funds provide a State match for the specified amount in federal funds and provides that those federal funds are appropriated to pay for service costs associated with Medicaid expansion.
Provides that if the amount of federal funds available to pay for service costs associated with Medicaid expansion exceeds the amounts set out in the act, then the expenditure of State funds must be reduced by an amount equal to the amount of available excess federal funds, and appropriates those excess federal funds for the described purposes.
Makes the following reductions because of the savings generated by the expansion: (1) reduces the appropriation to the DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, by $6,731,823 in recurring funds for 2017‑18 fiscal year and by $13,463,645 in recurring funds for the 2018‑2019 fiscal year and (2) reduces the appropriation for the Inmate Health Care program within the Department of Public Safety, Division of Adult Correction, by $7,884,180 in recurring funds for 2018‑19.
Reorganizes the statutes in the Hospital Assessment Act (GS Chapter 108A, Article 7) under specified parts.
Enacts new GS 108A-131 to make each hospital that is not fully exempt from both the equity assessment and UPL assessment under GS 108A‑122(c) subject to an additional assessment. Requires the Secretary of Health and Human Services (Secretary) to calculate the assessment amount for a hospital annually by multiplying the total state share of service and administrative costs, net of savings to other state programs, of Medicaid expansion by the hospital provider's percentage of all Medicaid services billed by all hospitals subject to the statute. Requires the Secretary to notify each hospital that is assessed of the: (1) total State share of service and administrative costs of Medicaid expansion for the applicable time period; (2) hospital's share of all Medicaid services billed; and (3) amount assessed to the hospital. Specifies that the assessment is in addition to and has greater priority than any assessment that might be collected from a hospital provider under Part 2 (UPL and Equity Assessments) of this Article and sets out requirements for when federal limitations on the total amount of Medicaid assessments that may be collected require the State to reduce the amount of assessments collected. Allows a hospital to appeal an assessment determination through a reconsideration review.
Amends GS 108A‑124 to make conforming changes.
Effective July 1, 2017.
Authorizes North Carolina non-public school students and home-schooled students to enroll in courses provided by the North Carolina Virtual Public School (NCVPS) program without being charged tuition. Requires the NCVPS director to report annually on the enrollment of non-public school students and associated costs. Appropriates from the General Fund to the Department of Public Instruction $700,000 for the 2017-18 fiscal year in recurring funds to provide for increased enrollment in the NCVPS program by non-public school students. Makes conforming statutory changes. Effective July 1, 2017.
Amends GS 144, GS 153A123, and GS 160A175 to no longer classify violations of local ordinances as a misdemeanor orinfraction unless expressly provided by general law. Makes violation of a local ordinance subject to a $100 penalty.
Effective July 1, 2017.
To be summarized.
Section 1 amends GS 583630 to add a provision concerning setting of rates for nonfleet private passenger motor vehicle liability insurance. Allows an insurer to deviate from the rates if the insurer files the proposed deviation with the NC Rate Bureau and the Commissioner of Insurance and if it is based on sound actuarial principles. Allows the Commissioner to disapprove a deviation filing only if the Commissioner determines that the filing is excessive, inadequate, or unfairly discriminatory. Provides that deviations above the Bureau rate up to the applicable rates established for risks ceded to the Reinsurance Facility are presumed not to be excessive, inadequate, or unfairly discriminatory. Requires a written order with specified information if, after a hearing, the Commissioner disapproves a deviation filing. Allows an insurer to terminate a deviation only if the deviation has been in effect for a period of six months before the effective date of the termination and the insurer notifies the Commissioner of the termination no later than 15 days before the effective date of the termination. Makes conforming changes.
Section 2 amends GS 583735 to require rate for clean risks on policies reinsured by the NC Motor Vehicle Reinsurance Facility that become effective on or after January 1, 2018, to be established on a schedule that provides that any difference between rates charged for clean risks reinsured in the Facility on policies becoming effective immediately before January 1, 2018, and the actuarially sound rate for all risks reinsured by the Facility must be eliminated over a twoyear period. Further amends GS 5837 35, effective January 1, 2020, to remove reference to the clean risk subclassification.
Section 3(a) amends GS 583740(e) to direct that insurers that cede more than 75% of their direct written motor vehicle insurance premiums in NC to the Facility shall not receive a ceding expense allowance that exceeds 20% of the total NC motor vehicle insurance premiums written on ceded business.
Section 3 (b through d) amends GS 583745 to limit cession to the Facility to no more than 95% of any company's direct written motor vehicle insurance premiums in the State, except as specifically approved by the commissioner, until January 1, 2019, at which point the limit is changed from 95% to 90%, until January 1, 2020, at which point the limit is changed from 90% to 85%.
Section 4 amends GS 58365 to require insurers under new GS 58367 (described below) electing to develop rates and forms under this Article, to subscribe to and become members of the Bureau.
Enacts new GS 58367 (Membership election for certain motor vehicle insurers) directing insurance organizations writing insurance for nonfleet private passenger motor vehicles to develop rates and forms pursuant to either GS Chapter 58, Article 36, or Article 40. Directs the insurer to make its election by notifying the Commissioner.
Enacts new GS 58368, making GS Chapter 58, Article 40, inapplicable to insurers insuring nonfleet private passenger motor vehicles who elect to develop their rates and forms under Article 36, and vice versa.
Amends GS 584015 to make technical and conforming changes.
Except as described, effective January 1, 2018.
|Intro. by Meredith, Wade, Britt.||GS 58|
To be summarized.
|Intro. by Meredith, Newton, Dunn.||GS 58|
Amends GS 13618(29a) to apply the requirements of that subdivision (regarding road improvements adjacent to schools) to improvements that are not located on the school property. Grants the Department of Transportation (DOT) the power to grant final approval of any project design under this subdivision. Authorizes schools to engage their own traffic engineer in lieu of Department evaluation. Only requires entities planning schools to meet the recommendations made by the DOT regarding highway improvements that are physically connected to a driveway on the school property. Directs the DOT to reimburse the total costs of state highway improvements required under this subdivision.
Enacts new GS 160A307 (Limitation on city requirements for street improvements related to schools). Directs that a city may only require street improvements related to schools that are required for safe ingress or egress to the municipal street system and that are physically connected to a driveway on the school site. Directs the DOT to reimburse costs of such improvements, and grants DOT the power to grant final approval of any project design requiring reimbursement.
Declares rules or policy adopted by DOT that do not comply with this act to be null and void.
Authorizes DOT to adopt temporary rules to implement this act, remaining in place until permanent rules replacing them become effective.
Identical to H 357 filed on 3/14/17.
Amends GS 90-351, making a clarifying change.
Amends GS 90-352 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 90-354, 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 90-356, concerning the powers and responsibilities 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 90-357, requirements for licensing as a dietitian/nutritionist.
Enacts GS 90-357.5, 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 90-357.6, 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 90-359, 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 approved by a two-thirds vote of the Board.
Amends GS 90-360, 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 90-359 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 90-361, concerning provisional licenses, making conforming, and technical changes.
Amends GS 90-363, concerning the suspension, revocation, and refusal to renew licenses, making clarifying, conforming and technical changes.
Amends GS 90-365 to make it illegal to provide medical nutrition therapy without a license. Also provides that without a license the title "dietitian/nutritionist" or "nutritionist" cannot be used, the words "licensed nutritionist" cannot be used, and one cannot 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 90-365.5, 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 90-365.6, 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 90-368 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 do 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 143B-966 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.
Amends GS 20-79.4(b) as title indicates. Establishes a special plate fee of $30 and requires that $20 of that amount be transferred quarterly to the Surry Arts Council, to support the Council. Authorizes the Revisor of Statutes to to make necessary changes to ensure that the special registration plates are in the correct order. Effective July 1, 2018.
|Intro. by Randleman.||GS 20|
Amends GS 20-138.5 to provide that in calculating the 10-year period for determining whether a person has committed habitual impaired driving, any period of time during which the person was incarcerated is to be excluded. Applies to offenses committed on or after December 1, 2017.
|Intro. by J. Jackson, Newton, Britt.||GS 20|
The Daily Bulletin: 2017-03-15
House committee substitute to the 1st edition makes a clarifying change.
|Intro. by Boswell.||Dare|
House committee substitute makes the following changes to the 1st edition.
Clarifies that the required liens in an ordinance regarding buildings unfit for habitation must be for the actual costs described (currently just costs).
Adds that the act applies to complaints or orders pursuant to GS Chapter 160A, Article 19, Part 6 issued on or after the date the bill becomes law
House committee substitute makes the following changes to the 1st edition.
Authorizes the governing board of the Town of Centerville to continue in office for 30 days after the date it completes liquidation of the Town's assets and liabilities, and submits its final audit to the Department of State Treasurer, and any other required financial reports (was, for 30 days after the bill became law). Directs that net assets of the Town shall be paid to the Fire and Rescue Association, Inc. of Centerville, NC (was, the Centerville Fire Department).
Only applies to Harnett County Schools.
Amends GS 115C174.12(a)(4) to extend the administration period for final exams for semesterlong courses from the final five to the final seven instructional days of the semester.
|Intro. by Lewis.||Harnett|
Only applies to WinstonSalem.
Amends GS 2054 to prohibit the Division of Motor Vehicles (DMV) from registering, issuing a certificate of title, or transferring registration when the city has notified the Division that the owner of the vehicle has unpaid parking fines.
Amends GS 160A301 to authorize the city to notify the DMV that a person has failed to pay parking fines, and directs the DMV to refuse registration, issuance of certificate of title, or transfer of registration for that person's vehicles until the person has paid the fine or is making a goodfaith effort to do so, or has shown that he or she is not the person who owes the fine.
Effective December 1, 2017, and applies to fines imposed on or after that date.
|Intro. by Terry.||Forsyth|
Contains whereas clauses.
Only applies to Warren County schools.
Amends GS 115C84.2(d) to allow Warren County Schools to open as early as the Monday closest to August 10. Amends GS 115C174.12(a)(4) to allow a local board of education to administer assessments prior to the conclusion of a semester when the fall semester ends before December 31.
Applies beginning with the 201718 school year.
|Intro. by Garrison.||Harnett|
Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided in GS 115C-84.2(d). Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
Amends GS 115C-84.2(d) as the title indicates. Deletes all provisions of subsection (d) except the authorization given to local boards of education to determine the opening and closing dates for public schools.
This act applies only to the Chatham County school administrative unit beginning with the 2017-18 school year.
|Intro. by Reives.||Chatham|
Adds Bertie County and Gates County to the list of counties in GS 4451.8 who can use attachment or garnishment and lien for ambulance service.
|Intro. by Hanes.||Forsyth|
|Intro. by Hanes.||Forsyth|
The Daily Bulletin: 2017-03-15
|Intro. by Ford.||Mecklenburg|
Identical to H 342, filed 3/14/17.
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 McKissick.||Granville|
Adds the described property to Durham's corporate limits. Effective June 30, 2017. Provides that property in the territory described as of January 1, 2017, is subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2017.
Allows the City of Durham (City), by December 1, 2018, to establish and implement a pilot program to use electronic speed measuring systems to detect speeding in school zones. Defines electronic speed measuring system (system) to mean a mobile or fixed device (1) consisting of an automated traffic camera and sensor and (2) capable of measuring speed and producing one or more digital photographs of a motor vehicle violating the speed limit set in a school zone. Requires that the system produce at least one photo clearly showing a recorded image of the vehicle speeding; the vehicle registration number and state of issuance; the date, time, and location of the violation; and the recorded speed. Requires the posting of signs warning of the presence of the system.
Makes a violation of a speed limit set in a school zone detected by an electronic speed‑measuring system a noncriminal violation for which a civil penalty of $250 is to be assessed and for which no points are to be assigned. Requires the City to issue a notice of violation to the registered owner of a vehicle cited for a speeding violation detected by a system, and sets out requirements for what must be contained in the notice, as well as notice delivery requirements.
Makes the registered owner of a vehicle cited for a violation detected by the system responsible for the penalty unless, within 30 days of service of the notification, the owner submits a sworn affidavit containing information concerning who, other than the owner, had control of the vehicle at the time of the violation. If the registered owner fails to pay the penalty or respond to the notice within 30 days, the owner waives the right to contest responsibility and is subject to an additional $125 penalty. Sets out provisions concerning assigning liability to the actual operator when the operator was someone other than the registered vehicle owner.
Requires that any photos recorded by a system that captures a speeding violation in a school zone also be provided to the investigating law enforcement agency for use as evidence in any proceeding alleging a violation of GS 20‑141.1 (speed limits in school zones).
Sets out notification requirements for when a law enforcement officer cites or arrests a vehicle owner or operator in an area when a system is in use for detecting speeding. Prohibits the City from issuing a notice of violation upon receiving such notice from law enforcement.
Requires the City to establish an administrative nonjudicial hearing process to review challenges to penalties assessed under this act. Allows a person dissatisfied with the City's decision at the hearing to appeal the decision to the district court. Appeal must be made within 30 days of notification of a final decision by the City.
Allows the City and the Durham Public Schools Board of Education to enter into an interlocal agreement necessary and proper to effectuate the purpose and intent of this act. The agreement may include provisions on cost‑sharing and reimbursement.
Requires the City, no later than three years after implementing the pilot program, to report the results of the pilot program to the chairs of the Joint Legislative Transportation Oversight Committee and the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety. Requires the State Bureau of Investigation, no later than one year after implementing the pilot program, to report the results of the pilot program to the chairs of the Joint Legislative Oversight Committee on Health and Human Services and the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety.
Sets the pilot program to expire upon the earlier of the submission of the required report or three years after the date of implementation of the pilot program.
|Intro. by McKissick.||Durham|
Enacts new GS 143131.2 (Local contract preference), which applies only to Robeson County and the cities within the County.
Authorizes Robeson County and its municipalities, when contracting for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment involving the expenditure of public funds, to award public contracts to local contractors when the local contractor's bid is within 5% or $10,000, whichever is lower, of the lowest responsible, responsive nonlocal bid, and the local bid matches the lowest responsible, responsive nonlocal bid. Requires contractors who win public contracts to give preference to local businesses and residents in purchasing, subcontracting, and employment on the contract, and directs contractors to submit Community Preference Plans, which define the steps the contractor is taking to give preference to local businesses and residents.
|Intro. by Britt.||Robeson|
Identical to H 349, filed 3/14/17.
Amends GS 153A-331 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 Cook.||Currituck|
Authorizes the Dare County Board of County Commissioners (Board of Commissioners) to call an election in the specified voting precinct, decided by majority vote, on whether the Hatteras Village Community Center District (as described) can use the ad valorem tax in SL 1981212 to construct and maintain multiuse pathways around Hatteras Village. Directs the Dare County Board of Elections to determine and declare the results of the election, and certify the results to the Board of Commissioners. Specifies the text of the ballot. Directs the Board of Commissioners to adopt a resolution in the event of an affirmative vote.
Amends SL 1981212 to authorize the use of the ad valorem tax as described above, effective upon an affirmative vote as described above.
|Intro. by Cook.||Dare|
Section 1 Amends SL 2009429 to direct the Jacksonville Tourism Development Authority (Authority) to use at least twothirds of the funds remitted to it under the occupancy tax for tourismrelated expenditures, and to use the remainder to promote travel and tourism in Jacksonville. Effective July 1, 2017, and expires July 1, 2027.
Section 2 Amends SL 2009429, as amended by Section 1, to direct the Authority to use at least twothirds of the funds remitted to it under the occupancy tax to promote travel and tourism, and to use the remainder for tourismrelated expenditures in Jacksonville. Effective July 1, 2027.
|Intro. by Brown.||Onslow|
Directs the City of Asheville to amend its charter, by November 1, 2017, to create electoral districts, as described, for city council members, for use in the 2019 municipal elections. Directs the city to file a copy of its charter amendments and submit a report of the completed plans to the Joint Legislative Elections Oversight Committee, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives by November 15, 2017.
Provides that, if the city fails to create electoral districts as required above, the following changes apply.
Amends the Charter of the City of Asheville to provide that the three city council members who are elected with the highest number of votes in the 2019 election will serve a fouryear term, and the three other members will serve a twoyear term. Beginning with the 2021 election, all council member terms will be four years. Creates six separate districts within the city, and designates one seat on the city council to represent each district. Describes the shape of each district in terms of 2010 Census Redistricting TIGER/Line Shapefiles.
Clarifies that the mayor is nominated and elected from the city at large.
Directs that all Asheville City Council members elected in 2017 will serve a twoyear term. Provides that the structure of the Asheville City Council will not be altered under GS Chapter 160A, Article 5, Part 4, prior to the return of the 2020 Census.
Repeals SL 1969165 (regarding the term of office for Asheville City Council members).
Nothing in the act affects the power of the City of Asheville to annex.
Directs the Legislative Services Officer to certify a true copy of the block assignment file associated with any mapping software used to generate the language describing the shapes of the new electoral districts, and to deliver a certified true copy of the block assignment file to the Clerk of the City of Asheville.
Applies to elections held on or after the date the bill becomes law.
|Intro. by Edwards.||Buncombe|
Only applies to the City of Winston-Salem.
Amends GS 1321.4A to make law enforcement agency recordings public records and subject to disclosure and release within a reasonable time frame, unless a court order precluding disclosure or release has been obtained. Directs a law enforcement agency to notify persons appearing within a recording of disclosure within a specified time frame, and allows the release of the recording after a specified time period for receiving notice of a petition for a court order.
Authorizes any person to file an action in Forsyth County Superior Court for an order prohibiting the disclosure or release of a law enforcement recording, and specifies procedure for notifying the law enforcement agency of the action. Specifies factors for the court to consider in determining whether to allow a recording to be released, including public safety, and the presence of highly sensitive personal information. Authorizes in camera review of the recording.
Deletes the provisions currently governing disclosure, appeal of disclosure denial, and persons authorized to receive law enforcement recordings. Makes technical changes.
|Intro. by Lowe.||Forsyth|
|Intro. by Chaudhuri.||Wake|
|Intro. by Bishop.||Mecklenburg|
De-annexes certain property, described in metes and bounds, from the corporate limits of the Town of Sunset Beach. Effective June 30, 2017. Property in the described territory is no longer subject to municipal tax for taxable years beginning on or after July 1, 2017.
Applies only to Durham County and its municipalities.
Amends GS 153A340 (counties) and GS 160A381 (cities) to authorize the Counties and cities to adopt ordinances to provide inclusionary zoning to supplement the availability of affordable housing.
|Intro. by McKissick.||Durham|
Actions on Bills: 2017-03-15
H 250: BODY ART REGULATION CHANGES.
H 322: SCHOOL PERFORMANCE GRADES.
H 345: OMNIBUS FIREARMS BILL.
H 370: INTERSTATE COMPACT BILL.
H 375: SCHOOL CAL. FLEX./CC.
H 382: DOI OMNIBUS-AB (NEW).
H 387: CORNER STORE INITIATIVE.
H 391: AMERICAN ECONOMIC RECOVERY.
H 392: NOTARY PUBLIC/NONCITIZENS.
S 251: PRIVACY/PROTECT SSN/CHP.
S 256: BODY ART REGULATION CHANGES.
S 257: APPROPRIATIONS ACT OF 2017.
S 270: LUMBERTON RIVERWALK FUNDS.
S 272: FAIR BLUFF TOWN HALL FUNDS.
S 273: FAIR BLUFF RIVERWALK FUNDS.
S 284: PROPERTY INSURANCE FAIRNESS.
Actions on Bills: 2017-03-15
H 154: GASTONIA CHARTER REVISIONS.
S 249: COYOTE BOUNTY PILOT PROGRAM.
S 260: WAKE FOREST ANNEXATION.
S 261: KANNAPOLIS DEANNEXATION.
S 289: VARIOUS DEANNEXATIONS. (NEW)
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