House Committee Substitute makes the following changes to the 1st edition:
Amends new GS 115C-407.41, and GS 115C-407.42 to require all students who participate in athletic activities and their parents to receive, on an annual basis, a sudden cardiac arrest information sheet and a heat exhaustion and heat stroke information sheet. Requires parents to sign and return the sheets to the coach before their children can participate in any athletic activities. Requires schools to maintain complete and accurate records of their compliance with these requirements. Requires a CPR-certified head coach or athletic director to be present during each athletic activity and deletes the provision requiring a coach to complete the required training courses in order to be eligible to coach.
Authorizes licensed athletic trainers (currently, verified athletic trainers), in addition to the currently specified individuals, to determine the existence of heat exhaustion or heat stroke symptoms in a student athlete. Requires a student athlete showing heat exhaustion or heat stroke symptoms to be removed from participation in an athletic activity (currently, removed by the coach from participation). Removes the athlete's parent from the list of individuals who can approve the individual's return to the athletic activity.
Directs the State Board of Education to adopt rules governing athletic activities (currently, interscholastic athletic activities) with regard to concussion safety for students who participate in an athletic activity (currently, student athletes in middle and high school). Removes the athlete's parents from the list of people authorized to approve the athlete's return to the athletic activity. Makes conforming changes.
Requires local boards of education to require middle and high schools to develop venue-specific emergency action plans to deal with catastrophic illnesses or injuries and acute medical conditions (currently, serious injuries and acute medical conditions). Requires the plan to include automatic external defibrillators and access to and a plan for emergency transport.
The Daily Bulletin: 2017-03-22
|Intro. by Warren, Lambeth, Murphy, Rogers.||GS 115C|
House committee substitute makes the following changes to the 1st edition.
Deletes a whereas clause.
Amends the definition of boycott Israel or boycott of Israel in proposed GS 147-86.80(1) to also exclude from the term decisions made for actions with an economic impact of less than $50 million in a 12-month period. Adds the term investment and defines the term to have the same meaning as GS 147-86.57(3). Deletes the terms direct holdings and indirect holdings.
Amends proposed GS 147-86.81 (Prohibition on State investment), requiring the State Treasurer to develop and make publicly available a list of companies determined to be engaged in a boycott of Israel, to use the following in the development of the list: any other state lists of restricted companies pursuant to similar laws; any federal information or guidance on companies that boycott Israel; and any other credible information provided by nonprofit organizations, research firms, and governmental entities; and generally publicly available information (previous edition called for the use of any federal sanctions lists; information provided by nonprofit organizations, research firms, and governmental entities; and generally available information).
Amends some of the requirements of the policy the State Treasurer must adopt under GS 147-86.81(a) prohibiting the NC Retirement Systems or the Department of the State Treasurer from directly investing in any company engaged in a boycott of Israel. Prohibits the NC Retirement Systems and the State Treasurer from investing funds with a company identified on the list as a company engaging in restricted investment activities (previous edition prohibited direct investments in a restricted company as well as acquiring securities of restricted companies as part of direct holdings). Directs any existing investment with a company identified as a company engaging in restricted activities to be divested within 180 days of the adoption of the policy under GS 147-86.81(a) (previous edition required the NC Retirement Systems and the State Treasurer to, or instruct all investment advisors to, sell, redeem, divest, or withdraw all direct holdings of restricted company within 90 days after the company is placed on the State Treasurer's list of restricted companies). Deletes provision providing that the prohibitions under subdivision (3) of GS 147-86.81(a)(2) do not apply to the North Carolina Retirement Systems' or the State Treasurer's indirect holdings or private market funds. Provides that nothing in the policy or new Article 6G requires the NC Retirement Systems or the State Treasurer to take action unless it is determined by the State Treasurer, in good faith, that the action is consistent with the fiduciary responsibilities of the Retirement Systems and the State Treasurer (previous edition exempted the NC Retirement Systems and State Treasurer from any conflicting statutory or common law obligations when acting in compliance with the statute in good faith).
Amends proposed GS 147-86.82 to specify that contracts in existence on October 1, 2017, with restricted companies are allowed to expire in accordance with the terms of the contract, but any contract entered into with a company that is identified as a restricted company at the time of the contract is void (previous edition distinguished a date relating to contracts in existence). Adds new provision to require a State agency to review the information and offer the company an opportunity to respond upon receiving information that the company was not identified as restricted at the time of contract but has later been identified as a restricted company. Allows the State agency to take appropriate action provided by law, rule, or contract if the company fails to demonstrate that the company should not have been identified as a restricted company within 90 days after notification by the State agency.
Deletes proposed GS 147-86.74, requiring a State agency to certify that a company that attempts to contract with the State or a political subdivision of the State is not a restricted company at the time the bid is submitted or the contract is entered into, renewed, or assigned. Makes conforming changes.
Changes the date by which the State Treasurer must annually report to the Joint Legislative Commission on Governmental Operations to October 1 (was, March 1) on information regarding investments sold, redeemed, divested, or withdrawn in compliance with the new Article.
|Intro. by Ross, Szoka, Hardister, B. Richardson.||GS 147|
House committee substitute makes the following changes to the 1st edition:
Deletes the provisions of the 1st edition and replaces them with the following. Definesschool operating hours. Provides that GS 14-269.2 (Weapons on campus or other educational property) does not apply to persons with a concealed handgun permit, or who are exempt from obtaining a concealed handgun permit, if they (1) possess and carry a handgun on educational property other than an institution of higher education or a nonpublic, post-secondary educational institution; (2) the educational property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; and (4) the handgun is only possessed and carried on educational property outside of the school operating hours. Makes a conforming change to GS 14-415.11(c).
|Intro. by R. Turner.||GS 14|
House committee substitute makes the following changes to the 1st edition.
Current GS 20-7(a)(3) provides that a Class C license authorizes the holder to drive a Class A or B fire fighting, rescue, or EMS motor vehicle or a combination thereof when the operator is a volunteer member of a fire department, rescue squad, or emergency medical service in the performance of duty. Adds to the proposed language in GS 20-7(a)(3)b to define the term official business, as the term is used in (a)(3)b, to define it to include training and the performance of maintenance. Makes conforming organizational changes to the proposed language to GS 20-7(a)(3)b.
Amends proposed subdivision (10) of GS 14-269(b), excluding emergency medical services personnel who are deployed providing tactical medical assistance to law enforcement in an emergency from the prohibition on carrying concealed weapons, to clarify that the exemption only applies while the emergency medical services personnel are on duty and are deployed as part of their official duties. Amends the proposed criteria for an approved tactical medical assistance course, which must be completed in order to qualify for this new exemption, to require training and qualification on all weapon systems, both lethal and less lethal, deemed necessary by any law enforcement agency the emergency personnel supports to be included in the course (previously, required an element on firearms safety and training and involving the actual firing of handguns). Makes technical changes.
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 95-112.3 to add the term regulated device and defines the term to mean a zip line, aerial park, canopy tour, challenge course, or other similar device subject to the provisions of new Article 14C as set forth in GS 95-112.2. Makes conforming changes to refer to "regulated device" instead of a "device" throughout the Article. Amends the definitions for annual gross volume, owner, person, and third-party inspector.
Amends the powers granted to the Commissioner of Labor in proposed GS 95-112.4 to clarify that the Commissioner is empowered to supervise the Chief of the Elevator and Amusement Device Bureau in the exercise of powers, duties, and responsibilities delegated pursuant to subdivision (1) of the statute. Makes a technical change.
Amends the documentation required of an initial application to be designated as a qualified inspector under proposed GS 95-112.8 to include documentation of the existence of a commercial liability insurance policy in compliance with GS 95-112.15 (previously specified the policy was to cover claims for personal injury, death, and property damages arising from the operation of a device subject to the provisions of the Article in amounts not less than those specified in GS 95-112.12). Requires a signed certification of compliance with the record-keeping requirements of the Article (previously, with the record-keeping requirements of GS 95-112.9). Makes technical and clarifying changes.
Amends GS 95-112.9 (pre-opening inspection and test, training, emergency evacuation plan, records, revocation of certificate of operation) to provide that the owner of a regulated device subject to the provisions of the Article must meet the specified requirements of the statute (previously allowed for the owner's authorized agent to meet the requirements). Makes the same change to subsection (d) of proposed GS 95-112.13 (Accidents, shut down, reporting) to require the owner of a regulated device subject to the provisions of the Article to satisfy the specified notification requirements (previously allowed for the owner's agent to meet the notification requirements), and to subsections (b) and (c) of proposed GS 95-112.15 (Liability insurance) requiring the owner of a regulated device subject to the Article to provide proof of the required contract of insurance (previously allowed for the owner's agent to provide proof of insurance). These changes conform to the definition of the term owner, which includes an owner's authorized agent. Makes a conforming change.
Makes technical change to reference GS 95-112.12 (Operation of unsafe device) instead of GS 95-291, and GS 95-112.14(b) (Operator impairment) instead of GS 95-293(b) in proposed GS 95-112.16 (Violations, civil penalties, appeal, criminal penalties).
|Intro. by Davis, Howard.||GS 95|
House committee substitute makes the following changes to the 1st edition.
Adds that the Board of Directors of Girls Leadership Academy of Wilmington, a charter school, may elect to become a participating employing unit in the State Health Plan for Teachers and State Employees. Requires that the election be made no later than 30 days after the effective date of the act and that it be done in accordance with the requirements of GS 135-48.54, except for the time limitation. Makes a conforming change to the act's long title.
|Intro. by Williams, Grange, Saine, Stone.||UNCODIFIED|
House committee substitute makes the following changes to the 1st edition.
Amends proposed GS 115C-375.10(b) to direct each local school administrative unit to provide the training program and model risk referral protocol, or a locally developed plan that meets the requirements of this statute, to school personnel who work directly with students in grades 6-12 (previously, with K-12 students) at no cost to the employee. Changes the requirement for school personnel who work directly with students in grades 6 through 12 to receive youth suicide awareness and prevention training within 12 months of employment and every five years thereafter (previously, annually) while employed with that local board of education. Requires the Department of Public Instruction to compile the compliance reports from local school administrative units and submit an overview of compliance to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Education Oversight Committee annually by December 1. Makes organizational, clarifying, and technical changes. Makes conforming and technical changes to proposed GS 115C-218.75(g).
|Intro. by Murphy, Hardister, Dollar, Dobson.||GS 115C|
House committee substitute makes the following changes to the 1st edition.
Amends GS 7B-505 (Placement within nonsecure custody) to remove the requirement for the court to order the department of social services to make diligent efforts to notify relatives and any custodial parents of the juvenile's siblings that the juvenile is in nonsecure custody and of any hearings scheduled pursuant to GS 7B-506, unless the court finds the notification would not be in the juvenile's best interests. Makes clarifying change.
Amends the proposed change to subsection (b) of GS 7B-908 (Post termination of parental rights' placement court review) to require the court to conduct a placement review no later than six months from the date of a termination hearing when one parent's parental rights have been terminated by court order and the other parent's parental rights have been relinquished under GS Chapter 48 (previously did not include one parent's parental rights to have been terminated by court order in addition to the other parent's rights having been relinquished), and a county director or licensed child-placing agency has custody of the juvenile (previously proposed additionally that the county director or licensed agency also has a right to consent to adoption).
|Intro. by Jordan.||GS 7B|
Amends GS 105-164.13 to exempt sales of non-coin currency, investment metal bullion, and investment coins (all as defined in the act) from the sales and use tax. Applies to sales made on or after July 1, 2017.
|Intro. by Bumgardner.||GS 105|
Effective January 1, 2018, amends GS 14-313 concerning youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping papers. Current law makes it a Class 2 misdemeanor for any person to distribute to or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18, or for any person to purchase tobacco products or cigarette wrapping papers on behalf of a person under the age of 18. This act changes the offense to distributing to or purchasing tobacco products or cigarette wrapping papers for a person born on or after January 1, 2000.
Establishes that it is not unlawful to sell or distribute tobacco products or cigarette wrapping papers to a person born on or after January 1, 2000, who is serving on active duty in the Armed Forces. Defines active duty to mean full-time duty in the active military service of the United States, including service by members of the reserve component while serving under published orders for active duty or full-time training. Clarifies that the term "active duty" does not include service by members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying a period of less than 31 calendar days. Defines Armed Forces to include all components of the US Army, Navy, Air Force, Marine Corps, and Coast Guard.
Makes conforming changes to the posting retail distributors of tobacco products are required to display near the point of sale. Requires a person engaged in the sale of tobacco or cigarette wrapping papers to demand proof of age or proof of active duty in the Armed Forces from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser was born on or after January 1, 2000. Makes conforming changes to provisions setting out the misdemeanor offense for failure to demand proof of age or proof of active duty in the sale of tobacco products and the related defenses to that action.
Makes conforming changes to the provisions regarding (1) distribution of tobacco products, (2) internet distribution of tobacco products, (3) purchase by persons underage, and (4) sending an underage person to purchase or receive tobacco and related products or assisting such a person in doing so.
Sets these changes to expire December 31, 2020.
Effective January 1, 2021, again amends GS 14-313 as amended in Section 1 of the act. Prohibits the sale or distribution of tobacco products or cigarette wrapping papers to persons under the age of 21, thereby increasing the minimum age from the change set out in Section 1. Makes conforming changes.
|Intro. by Murphy, Bert Jones, Lambeth, Grange.||GS 14|
Enacts new GS 153A-145.7 (regarding counties) and new GS 160A-205.3 (regarding cities), both captioned "Regulatory fees on new construction prohibited," prohibiting counties and cities from imposing regulatory fees on new construction unless specifically authorized by general law. Specifies that a regulatory fee includes an impact fee, facility fee, project fee, capacity fee, or any other fee a developer is required to pay to help defray capital costs associated with new construction.
Repeals 19 specified portions of the Session Laws, each of which authorized a fee as described above.
Substantively identical to S 166, filed 3/1/17.
Enacts Article 43A, County Sales and Use Tax for Public Education, to GS Chapter 105 providing that the purpose of the Article is to give the counties of this State an opportunity to obtain an additional source of revenue with which to meet their public education needs.
Authorizes counties to levy a local sales and use tax at a rate of 1/4% or 1/2% if approved by the voters in a referendum. Requires the tax to be equal to the rate that could be levied in that county under Article 43 of GS Chapter 105 (Local Government Sales and Use Taxes for Public Transportation), and prohibits a tax levied under Article 43A to be in effect in a county at the same time as a tax levied by that county or in that county under Article 43 of GS Chapter 105. Sets out additional procedures and requirements for administration of the tax. Exempts from the tax food exempt under GS 105-467(a)(5a) and the sales price of a bundled transaction taxable under GS 105-467(a)(5a). Allows counties to use proceeds from the tax only for public school capital outlay purposes, as defined in GS 115C-426(f), or to retire any indebtedness incurred by the county for these purposes.
Enacts GS 105-506.3 to make conforming changes prohibiting a tax levied under Article 43 of GS Chapter 105 to be in effect at the same time as a tax levied by that county under new Article 43A of GS Chapter 105.
Amends GS 105-164.3(4a) to define combined general rate as the term is used in Article 5 of GS Chapter 105 (Sales and Use Tax) as the sum of: (1) the State's general rate of tax set in GS 105.164.4(a); (2) the sum of the rates of the local sales and use taxes authorized for every county in this state by Article 39 of GS Chapter 105 (Local Government Sales and Use Tax) or Chapter 1096 of SL 1967 (Mecklenburg County specific sales and use tax), Article 40 of GS Chapter 105 (First One-Half Cent Local Government Sales and Use Tax), and Article 42 of GS Chapter 105 (Second One-Half Cent Local Government Sales and Use Tax) (currently, the sum of the rates of the local sales and use taxes authorized by Subchapter VIII of GS Chapter 105 for every county in this state); and (3) one-half of the maximum rate of tax authorized by Article 46 of GS Chapter 105 (One-Quarter Cent County Sales and Use Tax; currently not included in the combined general rate).
|Intro. by Rogers.||GS 105|
Amends GS 14-415.12(a) to add to the conditions to be met in order for a sheriff to issue concealed handgun permit to require that applicants not suffer from a currently diagnosed and ongoing mental disorder that would reasonably prevent the safe handling of a handgun. Adds that previous treatment for transient disorders is not disqualifying.
Amends GS 14-415.13(a)(1) to authorize sheriffs to schedule appointments for concealed handgun applications, so long as the appointments are scheduled for 10 business days or less from the date on which the applicant informs the sheriff that the applicant possesses all documentation necessary for the application.
Amends GS 14-415.15 to direct sheriffs to issue or deny concealed handgun permits within 90 calendar days from the date on which the application was submitted, regardless of the receipt of required records concerning the applicant's mental health. Directs an appeal of a denial, revocation, or nonrenewal to the superior court (currently, district court), and deletes the provision making the determination of the court final.
Effective October 1, 2017, and applies to permit applications submitted on or after that date.
|Intro. by Adams, Brody, Cleveland, Williams.||GS 14|
Amends GS 7A-41 (regarding superior courts) and GS 7A-133 (regarding district courts) to eliminate Superior Court District 9A and District Court District 9A, and to bring their territory into Superior Court District 17A and District Court District 17A, respectively, and to allocate the judges serving Superior Court District 9A and District Court District 9A to Superior Court District 17A, and District Court District 17A, respectively, raising the number of judges for Superior Court District 17A from 2 to 3, and for District Court District 17A from 3 to 5, effective January 1, 2019. Authorizes the term of the district court judge serving a term from January 1, 2015, to December 31, 2018, in District Court District 9A, to continue until that time. Holds official acts by any district court judge serving District 9A to be valid, notwithstanding the fact that the judge may be beyond the mandatory retirement age, so long as they are performed on or before December 31, 2018.
Amends the territory of District Court District 9B to include specified portions of Vance County, described in 2010 Census Redistricting TIGER/Line Shapefiles.
Amends GS 7A-60(a1) to decrease the number of full-time assistant district attorneys for prosecutorial district 9A from 6 to 5, and for prosecutorial district 17A from 7 to 6, and to increase the number of full-time assistant district attorneys for prosecutorial district 11A from 9 to 11, effective July 1, 2017. Further amends GS 7A-60 to eliminate prosecutorial district 9A, and to incorporate its territory into prosecutorial district 17A, and to raise the number of full-time assistant district attorneys for prosecutorial district 17A from 6 to 10, and for prosecutorial district 11A from 11 to 12, and to allocate the office and term of the district attorney for prosecutorial district 9A to prosecutorial district 17A, effective January 1, 2019.
Makes technical and clarifying changes to GS 58-30-10, setting out the defined terms for Article 1 of GS Chapter 58 (Insurance). Adds the term federal home loan bank and defines the term to mean a federal home loan bank as defined and established under the federal Home Loan Bank Act (12 USC 1421, et seq.). Also adds the term insurer-member and defines the term to mean an insurer that is a member of a federal home loan bank.
Amends GS 58-30-20 (injunctions and orders) providing that a federal home loan bank is not stayed or prohibited from exercising its rights regarding collateral pledged by an insurer-member after the seventh day following the filing of a delinquency proceeding. Existing law, GS 58-30-10, defines delinquency proceeding to mean any proceeding instituted against an insurer for the purpose of supervising, rehabilitating, conserving, or liquidating the insurer. Requires the federal home loan bank exercising its rights regarding collateral pledged by an insurer-member to repurchase any outstanding capital stock in excess of the amount of its stock that the insurer-member is required to hold as a minimum investment to the extent the federal home loan bank determines in good faith the repurchase is: (1) permissible under applicable law, regulations, obligations arising under regulations, and the federal home loan bank's capital plan and (2) consistent with the capital stock practices currently applicable to the federal home loan bank's entire membership.
Requires the federal home loan bank to provide the receiver with a process and time line, as specified, within 10 days of the appointment of a receiver for an insurer-member in a proceeding under Article 30 of GS Chapter 58 (Insurers Supervision, Rehabilitation, and Liquidation). Specifies that the federal home loan bank must include a process and time line for: (1) the release of collateral that exceeds the amount required to support secured obligations remaining after any repayment of loans as determined under applicable agreements between the federal home loan bank and the insurer-member; (2) the release of any collateral of the insurer-member remaining in the federal home loan bank's possession following repayment in full of all outstanding secured obligations of the insurer-member; (3) the payment of fees owed by the insurer-member and the operation, maintenance, closure, or disposition of deposits and other accounts of the insurer-member as agreed upon by the receiver and federal home loan bank; and (4) any redemption or repurchase of federal home loan bank stock or excess stock of any class that the insurer-member is required to own.
Requires the federal home loan bank to provide, upon request of an appointed receiver, any available options for the insurer-member subject to a delinquency processing to renew or restructure a loan. Details considerations the federal home loan bank can take into account in determining available options to renew or restructure a loan.
Enacts GS 30-147, prohibiting the receiver for an insurer-member of a federal home loan bank from voiding any obligation to transfer, or transfer of money or other property arising under a federal home loan bank security, pledge, collateral, or guarantee agreement or any other similar agreement or credit enhancement related to a federal home loan bank security agreement, so long as the agreement or arrangement is made (1) in the ordinary course of business and (2) in compliance with the applicable federal home loan bank agreement. Allows a transfer to be voided if the transfer is made with the intent to hinder, delay, or defraud the insurer-member, the receiver for the insurer-member, existing creditors, or future creditors. Clarifies that the statute does not affect a receiver's rights regarding advances to an insurer-member in delinquency proceedings under 12 CFR 1266.4.
Makes technical changes to GS 58-13-15, setting forth the defined terms for Article 13 of GS Chapter 58 (Asset Protection Act). Adds the terms federal loan bank and insurer-member, and defines those terms as they are defined in GS 58-30-10 as amended by this act.
Amends GS 58-13-20 to add a new exception from the provisions of Article 13. Excepts reserve assets of an insurer that are held, deposited, pledged, hypothecated, or otherwise encumbed as collateral to secure access to advances from a federal home loan bank for an insurer-member of that bank so long as the collateral's par value is in excess of the par amount of any outstanding obligations to the federal home loan bank. Authorizes the Commissioner of Insurance to examine any insurer-member agreements with federal home loan banks at any time in accordance with the Commissioner's authority to make examinations of insurers as conferred by other provisions of GS Chapter 58
Effective July 1, 2017.
|Intro. by Collins, Bradford, Rogers, Millis.||GS 58|
Identical to S 322, filed 3/21/17.
Entitles the act as The Caregiver Advise, Record, and Enable Act of 2017 (The Care Act).
Enacts GS 131E-79.5, Designation of a caregiver, to require each licensed hospital to provide each patient or the patient's legal guardian with at least one opportunity to designate at least one caregiver no later than 24 hours following the patient's entry into a hospital, or within 24 hours following the patient's recovery of consciousness or capacity, and prior to the patient's discharge or transfer to another facility. Defines caregiver to mean any individual duly designated by a patient or the patient's legal guardian as a caregiver pursuant to subsection (b) of the statute and who provides after-care assistance to a patient living in the patient's residence. Clarifies that the term caregiver includes a relative, partner, friend, or neighbor who has a significant relationship with the patient. Also defines discharge, entry, and residence.
Sets forth provisions that apply if a patient or the patient's legal guardian elect to designate a caregiver, including requiring the hospital to promptly request written consent of the patient or legal guardian to release medical information to the caregiver and requiring the hospital to record the designated caregiver in the patient's medical record. Requires the hospital to document the patient or legal guardian's decision to decline to designate a caregiver. Clarifies that designation of a caregiver does not obligate any individual to perform any after-care tasks for any patient. Defines after-care as any assistance provided by a caregiver to a patient after the patient's discharge from a hospital, including assistance with basic activities of daily living, instrumental activities of daily living, or carrying out medical or nursing tasks, such as managing wound care, assisting in the administration of medications, and operating medical equipment.
Requires the hospital to notify the patient's designated caregiver no later than four hours prior to the patient's actual discharge or transfer to another hospital or licensed facility. Requires the hospital to consult with the designated caregiver and the patient within 24 hours prior to a patient's discharge from a hospital and issue a discharge plan that describes the patient's after-care needs at the patient's residence. Requires the discharge plan to include the name and contact information of the designated caregiver; a description of all after-care tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities and limitations of the designated caregiver; and the contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge. Requires the hospital issuing the discharge plan to provide designated caregivers with instructions for all after-care tasks described in the discharge plan, and sets forth parameters that the instructions must include including a live demonstration of the after-care tasks and an opportunity for the designated caregiver and the patient or legal guardian to ask questions and have those questions answered in a competent manner. Requires any instructions provided pursuant to the Care Act to be documented in the patient's medical record as specified.
Allows the Division of Health Service Regulation to adopt necessary rules to implement the Care Act. Clarifies that the Care Act is not to interfere with the rights of an agent operating under a valid health care power of attorney or other valid advance health care directive. Clarifies that the Care Act does not require a patient or a patient's legal guardian to designate any individual as a caregiver. Establishes that the Care Act does not create a private right of action against a hospital or a hospital employee or contractor, or otherwise supersede or replace existing rights or remedies under any other law.
Effective January 1, 2018.
|Intro. by Cunningham, Lambeth, White, Holley.||GS 131E|
Includes various whereas clauses.
Amends the caption of GS 160A-360 to read Limits on planning powers (was, Territorial jurisdiction). Deletes all substantive language of GS 160A-360 regarding a city's ability to exercise extraterritorial jurisdiction. Remaining language provides that a city can enforce its regulations after an area that is currently regulated by county planning and development regulations is annexed by the city and the city adopts such regulations or a period of 60 days has elapsed since the annexation.
Amends GS 160A-361(a) regarding duties of planning boards, to provide that any city can create or designate boards or commissions to perform studies of an area within the city's corporate limits (previously, could make studies of an area within its jurisdiction and surrounding areas).
Repeals GS 160A-362, concerning extraterritorial representation on the planning board.
Repeals any provision in a local act which previously granted a city, town, or village the power to exercise extraterritorial planning jurisdiction pursuant to GS Chapter 160A, Article 19.
Provides that effective January 1, 2018, jurisdiction over an area that a city is regulating pursuant to extraterritorial planning jurisdiction is relinquished. Provides that a city can relinquish such regulation prior to January 1, 2018, as long as the city complies with the provisions of GS Chapter 160A, Article 19.
Provides that upon relinquishment of an area of extraterritorial jurisdiction, city regulations will remain in effect until (a) the county has adopted regulations or (b) a period of 60 days since the effective date of the acthas elapsed. Further provides that individuals that have acquired vested rights under a permit, certificate, or other evidence of compliance issued by the city can continue to exercise such rights as if no change of jurisdiction has occurred. Allows the county acquiring jurisdiction to take any action regarding such rights that could have been taken by the city that surrendered jurisdiction. Provides that buildings, structures, or other land use in a territory which a county has acquired jurisdiction are subject to the ordinances and regulations of the county.
Makes various conforming changes concerning the repeal of extraterritorial jurisdiction authority in the following sections: GS 113A-208 (Regulations of mountain ridge construction by counties and cities), GS 122C-403 (Secretary's authority over Camp Butner reservation), GS 122C-405 (Procedure applicable to rules), GS 122C-410 (Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands), GS 136-44.50 (Transportation corridor official map act), GS 136-55.1 (Notice of abandonment), GS 136-63 (Change or abandonment of roads), GS 136-66.3 (Local government participation in improvements to the State transportation system), GS 143-138 (North Carolina State Building Code), GS 143-215.57 (Procedures in issuing permits), GS 153A-317.14 (Extension of economic development and training districts), GS 160A-58.4 (Extraterritorial powers), GS 160A-176.1 (Ordinances effective in Atlantic Ocean), GS 160A-176.2 (Ordinances effective in Atlantic Ocean), GS 160A-199 (Regulation of outdoor advertising), GS 160A-296 (Establishment and control of streets; center and edge lines), GS 160A-299 (Procedure for permanently closing streets and alleys), GS 160A-383.4 (Local energy efficiency incentives), and GS 160A-459 (Stormwater control).
Enacts new language to define the termextraterritorial jurisdictionas meaning the boundaries of an area over which aspecified city was exercising extraterritorial planning jurisdiction prior to the city's relinquishment of jurisdiction on or before January 1, 2018. New language can be found in the following sections: GS 122C-3, GS 130A-317, GS 143-215.1, and GS 160A-340.2.
Specifies that the act has no effect on the extraterritorial jurisdiction of law enforcement officers under any local or general law.
Effective January 1, 2018.
Amends GS 20-288 to exempt applicants for a motor vehicle dealer license who have been licensed under this statute for at least 25 years, and motor vehicle dealers incorporated for at least 25 years with a corporate officer licensed under this statute for at least 25 years, from the continuing education requirements in this statute. Makes technical changes.
|Intro. by Brenden Jones.||GS 20|
Amends GS 20-88.03 to clarify that the late fee required under this statute begins to accrue on the fifteenth day of the month after the month in which the registration renewal sticker expires. Makes conforming changes. Applies to renewals of motor vehicle registrations on or after July 1, 2017.
|Intro. by Setzer, Howard, Destin Hall, Henson.||GS 20|
Throughout the act, references to "vocational education" in GS Chapter 115C are replaced with references to "career education."
Directs local boards of education to offer at least two work-based learning opportunities related to career and technical education instruction in the local school administrative unit, and to create waiver forms for the protection of students and businesses.
Amends GS 115C, Article 10. Revises the title of the article to read "Career and Technical Education."
Makes career and technical education programs apply to grades five through 12 (was, six through 12), and to direct that a career awareness program offered to elementary school students must encourage exploration of career pathways and prepare students for middle school career planning. Revises the definition ofoccupational skill developmentto refer to abilities instead of knowledges.
Changes the name of the State Board of Vocational and Technical Education to the State Board of Career and Technical Education.
Eliminates the requirement for the State Board of Education's Master Plan for Career and Technical Education that parents of students be utilized in developing decisions affecting career and technical education programs and services.
Adds the condition that local boards of education establish a business advisory council under new GS 115C-170 and submit information regarding ongoing consultation with the council as part of the career and technical education local planning system to the list of conditions that must be met before the State Board of Education may approve a local board of education's career and technical education plan.
Clarifies that the State Board of Education must approve the industry certifications that students are supported in earning, and directs local school administrative units to consult business advisory councils, in addition to the already-listed parties, in identifying the industry certifications and credentials that the local school administrative units may offer to meet workforce needs. Directs the State Board of Education to report to the Joint Legislative Education Oversight Committee by November 15 (currently September 15) of each year on the number of students in career and technical education courses.
Amends GS 115C-157 to direct local school administrative units to offer at least two work-based learning opportunities related to career and technical education instruction. Encourages local boards of education to implement career awareness programs for students in grade five to encourage awareness of career and technical education programs available. Directs local boards of education that adopt career awareness programs to report on the program to the State Board of Education by October 1 of each year, and directs the State Board to submit a consolidated report to the Joint Legislative Education Oversight Committee on program outcomes and legislative recommendations by November 15 of each year.
Requires in GS 115C-163 agreements for land for agricultural instruction to be examined by the local board of education's attorney (currently, the school attorney). Further authorizes land laboratories to be managed with the advice of a specialized subcommittee of a business advisory council.
Amends GS 115C-165 to direct local boards of education to appoint workforce production advisory committees, and authorizes those committees to be established as specialized subcommittees of the business advisory councils.
Enacts new GS 115C-170 (Business advisory councils established; members; selection; duties) in new Part 4, Business Advisory Councils. Creates business advisory councils of at least nine members to advise local boards of education in the performance of their duties to provide career and technical education. Provides for the membership of the councils, including community, business, and industry representatives, and four specified education representatives serving ex officio. Directs local boards of education to appoint business, industry, and community representatives to the council for terms beginning January 1, 2018. Provides for a staggered appointment schedule, with all terms after the initial term being four years, and being appointed by the business advisory council. Provides for the governance, meeting space, administrative staff, and expenses of the council, and that the council is subject to the Public Records Act and the Open Meetings Law.
Amends GS 115C-174.25 to direct the State Board of Education to require local school administrative units to make WorkKeys tests available to students who complete a concentration in career and technical education courses (currently, the second level of vocational/career courses).
Amends GS 115C-64.15 to direct the North Carolina Education and Workforce Innovation Commission (Commission), the State Board of Education, and the Superintendent of Public Instruction to develop and administer the Career and Technical Education Grade Expansion Program (Program), established under new GS 115C-64.17. Enacts new GS 115C-64.17, (The Career and Technical Education Grade Expansion Program (Program). Establishes the Program to prioritize the inclusion of students in sixth and seventh grades in career and technical education programs. Provides for competitive grants, totaling up to $5 million, to local administrative units over a seven-year grant period, to be used for employing additional licensed personnel in career and technical education areas as specified. Provides requirements for grant applications, and directs the Commission to accept grant applications until November 1 of each fiscal year. Directs the Commission to recommend recipients to the State Board of Education, and directs the State Board of Education and the Superintendent of Public Instruction to approve the recipients. Requires grant recipients to report specified information annually for up to seven years after the grant award, on the use of grant funds to the Department of Public Instruction, Local Planning Systems Regional Services staff within the Division of Career and Technical Education, no later than August 1 of each year after the initial grant award. Directs the Superintendent of Public Instruction to report to the Commission by October 15 of each year how the grant recipients compare to career and technical education programs statewide and whether the programs are aligned with the State Board of Education's Master Plan for Career and Technical Education. Establishes a reserve in the General Fund, called the Career and Technical Education Grade Expansion Reserve, consisting of funds appropriated for the Program. Directs funds to be transferred from the reserve to the Commission each fiscal year for allocation of funds to grant recipients. Unexpended funds by grant recipients revert to the Reserve at the end of each seven-year grant period. All funds in the reserve after all grant recipients have received the total amount of awards under the Program revert to the General Fund. Effective only if funds are appropriated in a current Operations Appropriations Act for 2017-18 to implement these provisions.
Encourages local school administrative units to complete an application for the NCWorks Work Ready Certified Communities initiative in cooperation with specified types of entities.
Authorizes the Department of Public Instruction, Division of Career and Technical Education, to create two full-time positions dedicated to assisting local school administrative units comply with the changes described above, effective July 1, 2017.
Makes technical and conforming changes.
Except as otherwise provided, the act is effective when it becomes law, and applies beginning with the 2017-18 school year.
|Intro. by Horn, Johnson, Dixon, Williams.||GS 115C|
Amends GS 90-621 to expand the statement of purpose.
Amends GS 90-622 to define the following new terms:massage and bodywork therapy establishment, business name, owner, and sole practitioner.
Amends the caption of GS 90-623 to read "License to practice required."
Amends the caption of GS 90-624 to read "Activities not requiring a license to practice."
Amends GS 90-624 to authorize the North Carolina Board of Massage and Bodywork Therapy (Board) to adopt, amend, or repeal rules related to massage and bodywork therapy establishments (currently, the approval of massage and bodywork therapy establishments).
Amends GS 90-628(b) to clarify that the authorized fees are for licenses to practice massage and bodywork therapy.
Amends GS 90-629. Amends the caption to read "Requirements for licensure to practice." Requires an applicant, in addition to the current requirements, to demonstrate English language proficiency.
Amends GS 90-629.1. Amends the caption to read "Criminal history record checks of applicants for licensure to practice and for ownership or operation of an establishment." Applies all existing licensure requirements in this statute to a license to operate a massage and bodywork therapy establishment.
Amends the caption of GS 90-630.1 to read "Licensure to practice by endorsement."
Recodifies GS 90-632 as GS 90-630.5, and amends new GS 90-630.5 as follows. Amends caption to read "Renewal of license to practice and license to operate massage and bodywork therapy establishment; continuing education." Requires renewal of a license to operate a massage and bodywork therapy establishment every two years. Makes existing renewal requirements under this statute apply only to licenses to practice.
Enacts new GS 90-632.10 (Massage and bodywork therapy establishment license required), directing the Board to license massage and bodywork therapy establishments. Prohibits opening, operating, or advertising a massage and bodywork therapy establishment unless first licensed by the Board. Directs the Board to maintain a list of licensed establishments.
Enacts new GS 90-632.11 (Requirements for massage and bodywork therapy establishment licensure). Creates nine requirements for an application for massage and bodywork therapy establishment licensure, including proof of insurance coverage and proof that the establishment employs, hires, or plans to hire a licensed massage and bodywork therapist.
Enacts new GS 90-632.12 (Operation of a massage and bodywork therapy establishment under a name different than the owner; advertisement). Authorizes operation of a licensed establishment under a name other than the owner's name, subject to notification to the Board on the application for licensure. Advertisements must include the establishment's business name.
Enacts new GS 90-632.13 (Rules for massage and bodywork therapy establishment license). Directs the Board to establish rules for the licensure of massage and bodywork therapy establishments, including rules on six specified subjects, including requirements for adequate, safe, and sanitary facilities.
Enacts new GS 90-632.14 (Fees for massage and bodywork therapy establishment license), setting a schedule of fees for licensure application, renewal, and other related fees, to be paid by cashier's check, certified check, or money order.
Enacts new GS 90-632.15 (Grounds for suspension, revocation, or refusal of massage and bodywork therapy license; notice and hearing; judicial review). Authorizes the Board to deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment for any of 10 listed reasons, including fraud, deceit, or misrepresentation in obtaining or attempting to obtain a massage and bodywork therapy establishment license.
Enacts new GS 90-632.16 (Unlicensed massage and bodywork therapy prohibited at massage and bodywork therapy establishments), prohibiting establishments from employing or contracting with unlicensed massage and bodywork therapists.
Enacts new GS 90-632.17 (Sexual activity prohibited), prohibiting sexual activity in massage and bodywork therapy establishments by any person or persons. Prohibits establishment owners from allowing any person or persons to use the establishment to make arrangements to engage in sexual activity in any other place.
Enacts new GS 90-632.18 (Enforcement; injunctive relief against massage and bodywork therapy establishments), authorizing the Board to use enforcement and injunctive relief under GS 90-634, and to assess civil penalties and disciplinary costs to address statutory or rule violations applicable to the operation of a massage and bodywork therapy establishment.
Amends GS 90-634 to create a Class 1 misdemeanor for persons who (1) employ, hire, engage, or otherwise contract with a person who is not licensed to provide massage and bodywork therapy services to the public; (2) aid and abet any person not licensed in the practice of massage and bodywork therapy; (3) advertise, represent, or hold out any person not licensed as a massage and bodywork therapist; or (4) describe the practice of any person not licensed or use any title descriptive of any branch of massage and bodywork therapy to reference any person in violation of GS 90-623.
Effective October 1, 2017.
|Intro. by McNeill, Bert Jones, R. Turner, Hurley.||GS 90|
Amends GS 1C-1601 to exempt a debtor's aggregate interest in any lawfully possessed firearms, up to $5,000 in value, from creditor claims. Applies to a total of no more than two handguns and four rifles or shotguns. Effective October 1, 2017.
|Intro. by B. Turner, Hardister, Dobson.||GS 1C|
Identical to S 354, filed 3/22/17.
Includes several whereas clauses.
Subject to statewide voter approval at the statewide election held on November 6, 2018, urges Congress to pass an amendment to the US Constitution declaring that (1) constitutional rights belong only to individuals and not to corporations or other artificial entities, and that (2) free speech excludes unlimited spending of money on political campaign contributions.
|Intro. by Insko, Gill, W. Richardson, Quick.||CONST|
Amends GS 47-30 to specify the placement of a border on landscape-format and portrait-format plats. Authorizes submitting plats in the form of black line on white paper instead of transparent and archival, in counties in which the register has made a security copy of the plat.
Revises the information that must be contained in the title of the plat to include the surveyor firm and license number, if applicable, and the dates and descriptions of revisions made after original signing. Requires all information to be listed prominently on the plat. Information in the notes does not satisfy requirements for information that must be included in the title of the plat.
Requires certificates from the surveyor to state the reference source for the boundary information for the surveyed property shown (currently, the origin of the information shown), the ratio of precision or positional accuracy (currently, just ratio of precision), a required seal and signature, as well as the currently required information. Requires multiple sheet plats to be identified as a map set. Makes conforming changes. Adjusts the text of the certificate. Provides that the presence of the personal signature and seal of a professional land surveyor constitutes certification that the map conforms to the standards of practice for land surveying.
Requires an accurate method of computation to determine the ratio of precision or the positional accuracy (currently, just ratio of precision) on the plat.
Revises nine of the items on the list at GS 47-50(f) of specific information that plats must contain. Amongst the revisions are a provision that nonverified tax map information is not sufficient to show the required names of adjacent landowners or lot, block, parcel, subdivision designations or other legal references, and an elimination of a provision referring to control corners established under GS Chapter 39, Article 5A (Control Corners in Real Estate Development), repealed as mentioned below.
Replaces references to registered land surveyors with professional land surveyors.
This statute does not apply to boundary plats of State or county lines, in addition to the plats currently exempted.
Provides that maps attached to deeds or other instruments and submitted for recording in that form must either be (1) an original map that meets the requirements of subsections (c) through (f) of this statute and bears the signature of a professional land surveyor and the surveyor's seal or (2) a certified copy of a previously recorded map. Deletes all requirements currently in GS 47-50(m), except that the map must be no larger than 8.5 by 14 inches and compliant with either that subsection or subsection (n).
Revises the text of the label on maps required by subsection (n).
Repeals GS Chapter 39, Article 5A (Control Corners in Real Estate Developments).
The Daily Bulletin: 2017-03-22
Amends GS 131E-175 to add new legislative findings concerning the demand for ocular surgical procedures and the need for an opportunity for licensure for opthalmologists who are providing ocular surgical procedures in unlicensed settings.
Amends GS 131E-176 to define ocular surgical procedure and ocular surgical procedure room.
Amends GS 131E-178 to exempt opthalmologists who provide ocular surgical procedures in one or more ocular surgical procedure rooms located in a nonlicensed setting 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 Tucker.||GS 131E|
Amends GS 90-95(h) to create a new felony called "trafficking in pharmaceuticals," for persons who illegally sell, deliver, transport, or possess 100 or more pills, tablets, or capsules of a controlled substance that contains an opiate combined with a noncontrolled commercial drug product. Specifies that this felony is governed by GS 90-95(b), (d), and new (h)(4c), and not (h)(4). Persons guilty of this felony are Class G felons for offenses involving 100 or more, but less than 400 pills, tablets or capsules, to be sentenced to between 35 and 42 months in prison, and fined at least $25,000. Persons guilty of this felony are Class F felons for offenses involving 400 or more, but less than 600 pills, tablets or capsules, to be sentenced to between 70 and 84 months in prison, and fined at least $50,000. Persons guilty of this felony are Class D felons for offenses involving 600 or more pills, tablets or capsules, to be sentenced to between 175 and 219 months in prison, and fined at least $200,000.
Effective December 1, 2017.
|Intro. by Britt, Tucker, J. Jackson.||GS 90|
As title indicates, amends GS 105-187.9(a) to credit taxes collected under Article 5A of GS Chapter 105 at the rate of 8% (tax imposed on short-term lease or rental of a vehicle, set out in GS 105-187.5(b)) to the Highway Fund (currently, credited to the General Fund). Applies to taxes collected on or after that July 1, 2017.
Appropriates $50 million in nonrecurring funds to the Raleigh-Durham Airport Authority from the Highway Fund for each fiscal year of the 2017-19 biennium. States that the funds are to be used for improvements to the runways at the RDU Airport to accommodate additional international flights. Effective July 1, 2017.
|Intro. by Rabon.||APPROP|
Amends GS 116-143.11 (NC Promise Tuition Plan; State "buy down" of certain financial obligations) to direct the UNC Board of Governors (Board) to monitor the implementation and operation of the NC Promise Tuition Plan at Elizabeth City State University, the University of North Carolina at Pembroke, and Western Carolina University. Directs the Board to take appropriate action to enable each of these universities to meet their financial obligations should they incur unsustainable losses. Authorizes the Board to increase the amount of student payments at these universities if the solvency of the universities is jeopardized. Prohibits these universities from collecting total receipts from student payments in excess of the difference between the state funds provided to "buy down" the tuition and the rate of tuition as established by the Board of Governors and the Board of Trustees.
Directs the Board to now consult with the Board of Trustees in setting the tuition rate at these universities as provided in GS 116-143 and GS 116-11(7) (previously, was set the tuition rate notwithstanding those statutes). Requires State funds to be used, beginning with 2018, to buy down the rate of tuition at the rate of $500 per semester for state residents and $2,500 per semester for nonresidents. Clarifies that the Director of the Budget shall determine the amount required for these universities to offset the forgone tuition as a result of the student payments based on information provided by the Board of Governors and the Chancellors of these universities.
Makes technical changes.
|Intro. by D. Davis.||GS 116|
Amends GS 105-130.4 (allocation and apportionment of income for corporations) establishing the audience factor to source receipts for the purpose of allocating and apportioning multistate income and franchise tax for broadcasters.
Defines broadcaster to be a person who provides audio or video programming to customers in this State by digital or analog means in exchange for one or more of the following: advertising receipts, subscriber fees, license, rent, or similar fees. Clarifies that broadcaster includes a television or radio station licensed by the FCC, including network-owned or network-affiliated stations, a television or radio broadcast network, a cable program network, a distributor of audio or video programming, a cable system operator, and a satellite system operator.
Establishes that the sales factor for a broadcaster is a fraction, with the numerator being the sum of the broadcaster's gross receipts from sources within the state, and the denominator being the sum of the broadcaster's gross receipts from transactions and activity in the regular course of its trade or business everywhere. Defines gross receipts to mean the same as the term sales in GS 105-130.4.
Sets forth that (1) advertising gross receipts and license fees for audio or video programming in release are attributable to this State in accordance with the audience factor in this State; (2) gross receipts from subscriber fees, rents, sales, or similar charges from audio or video programming in release are attributable to this State based on the amount of subscriber or other fees paid by customers in this State; and (3) a sale of audio or video programming on tangible media is sourced to this State as a sale of tangible personal property. Defines audience factor to mean the factor determined by the ratios detailed for a television station, radio station, and cable or satellite program and channel broadcasts. Defines subscriber to mean an individual residence or other outlet that is the ultimate recipient of the transmission of the audio or video programming. Defines rent to mean license fees or other payments or consideration provided in exchange for the broadcast or other use of television or radio programming. Defines release or in release to mean the placing of film or radio programming into service, meaning when it is first broadcast to the primary audience for entertainment, educational, commercial, artistic, or other purposes. Clarifies that each episode of a television or radio series is placed in service when it is first broadcast, and that a program is not placed in service merely because it is completed and therefore in a condition or state of readiness and availability for broadcast, or merely because it is previewed to prospective sponsors or purchasers. Defines broadcast to mean the transmission of audio or video programming, directly or indirectly, to viewers and listeners by any method of communication or combination of methods.
Provides that the state or states of assignment must be reasonably approximated if the audience factor for a receipt cannot be determined. Requires the taxpayer to reasonably approximate the receipts attributable to this State's market using a percentage that reflects the ratio of NC subscribers to the total number of subscribers where a taxpayer is delivering advertising or licensed content directly or indirectly to a known list of subscribers. Where the taxpayer is delivering advertising or licensed content through an intermediary and does not have access to the list of subscribers, requires the taxpayer to reasonably approximate the receipts attributable to this State's market using the percentage that reflects the ratio of the NC population to the total population in the specific geographic area where the advertisement or licensed content is materially used. Establishes that the area where the advertisement or licensed content is materially used does not include areas outside the United States unless the taxpayer provides substantial evidence to the contrary. When a taxpayer provides substantial evidence that the advertisement or licensed content is materially used in a city within a foreign country, the population of that city can be included in the population ratio calculation. Allows the population of the foreign country to be used in the population ratio calculation when a taxpayer provides substantial evidence that the advertisement or licensed content is materially used throughout a foreign country.
Establishes that the Department of Revenue can authorize an alternate approach that reflects an attempt to obtain the most accurate assignment of receipts when the specified rules of reasonable approximation fail to reasonably approximate the percentage of receipts attributable to this State's market.
Effective for taxable years beginning on or after January 1, 2018.
|Intro. by Tillman, Brock, Tucker.||GS 105|
Includes several whereas clauses.
Subject to statewide voter approval at the statewide election held on November 6, 2018, urges Congress to pass an amendment to the US Constitution declaring that (1) constitutional rights belong only to individuals and not to corporations or other artificial entities and that (2) free speech excludes unlimited spending of money on political campaign contributions.
|Intro. by Van Duyn, McKissick, Foushee.||CONST|
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 Woodard.||GS 143|
Identical to H 355, filed 3/14/17.
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 Woodard.||GS 143|
Appropriates $1 million for 2017-18 from the General Fund to the Department of Natural and Cultural Resources, Division of Historic Sites, to construct a replica of the French and Indian War fort at the Fort Dobbs State Historic Site, effective July 1, 2017.
|Intro. by Brock.||APPROP|
Appropriates $55 million in recurring funds for 2017-18 from the General fund to the Department of Commerce to be allocated to the Film and Entertainment Grant Fund, effective July 1, 2017.
|Intro. by Lee, Lowe.||APPROP|
Identical to H 367, filed 3/16/17.
Appropriates $7.5 million each for 2017-18 and 2018-19 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 low-income and vulnerable populations, as specified. Limits the Office to $300,000 of the appropriated funds for 2017-18 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 Ballard, Hise.||APPROP|
Identical to H 396, filed 3/16/17.
Amends GS 160A-340.2(c)(3) to include the municipality of Pinetops and a specified additional service area to the list of communication service areas for the city of Wilson.
|Intro. by Ballard, Smith-Ingram.||GS 160A|
Amends GS 20-37.6 (Parking privileges for handicapped drivers and passengers), providing that any organization that regularly transports handicapped persons can apply for and display a distinguishing license plate. Requires these organizations to be determined and certified by the State Vocational Rehabilitation Agency as regularly transporting handicapped persons. Allows these organizations to receive one distinguishing license plate free of charge for each transporting vehicle. Makes conforming and clarifying changes to subsection (b). Makes technical change to subsection (c). Exempts an organization from the existing initial application requirements for a distinguishing license plate, removable windshield placard, or temporary removable windshield placard, and instead requires an organization to include in its initial application certification in a form acceptable to the Division of Motor Vehicles (DMV) that the organization is certified by the State Vocational Rehabilitation Agency in accordance with subsections (b) and (c). Exempts an organization that received a placard in accordance with subsection (c) from the required handicap recertification, and instead requires recertifying on a form acceptable to the Division of Motor Vehicles that the organization is still certified by the State Vocational Rehabilitation Agency.
Effective July 1, 2017.
|Intro. by Pate.||GS 20|
Identical to H 338 filed on 3/14/17.
Repeals GS 90-171.80 through GS 90-171.94 (Nurse Licensure Compact).
Enacts new GS 90-171.95 through GS 90-171.95J, 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 single-state 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 then-current 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 single-state 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 rule-making 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 rule-making 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 Pate, Hise, Krawiec.||GS 90|
Amends GS 105-322 to direct county boards of equalization and review to modify appealed property appraisals to the value provided in an appraisal by a certified general real estate appraiser offered as evidence by an appellant, and to include the offered appraisal in the record in any subsequent appeal.
Amends GS 105-290 to require a county with an exception to an order of the county board of equalization and review or the board of county commissioners pursuant to a submitted appraisal as described above to submit an appraisal by the county's appraiser and an appraisal by another certified general real estate appraiser mutually chosen by the county's appraiser and the appellant's appraiser. Directs the Property Tax Commission to enter an order, in the above situation, to modify the appealed appraisal to the average value provided in the appraisals required to be provided to the Commission.
|Intro. by Tarte, Tucker, McKissick.||GS 105|
The Daily Bulletin: 2017-03-22
Authorizes the following cities and towns in Rowan County to levy an occupancy tax, as described below: Landis, Faith, Spencer, East Spencer, China Grove, Rockwell, Granite Quarry, Kannapolis, and Cleveland.
Authorizes the relevant city or town council to levy a room occupancy tax of up to 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 160A-215 (uniform provisions for room occupancy taxes). Requires the relevant Tourism Development Authority (TDA) to use at least twoäóïthirds of the occupancy tax proceeds to promote travel and tourism in the city and the remainder for tourismäóñrelated expenditures. Mandates that at least oneäóïthird of the members of the TDA must be affiliated with businesses that collect the tax in the city and at least oneäóïhalf must be currently active in the cityäó»s travel and tourism promotion. Makes conforming changes to GS 160A-215.
|Intro. by Ford.||Rowan|
Only applies to Brunswick County.
Amends SL 1999-323, as amended, to authorize the county manager to designate an official other than the fire marshal to serve on the committee that sets fire protection fees. Allows fire protection fees to be imposed on all owners of real property and manufactured homes within the fire district (currently, those that benefit from the availability of fire protection).
Doubles all existing limits on fire protection fee amounts.
Directs the accountant performing the fire department's audit to report to the county manager (currently the county fire marshal's office).
Authorizes the County to collect any delinquent fire fees, existing either before or after the effective date of this act, under any procedure for the collection of property tax leins including by attachment, garnishment, and foreclosure (currently just foreclosure, and unspecified as to whether fire fees existing before the effective date of the act may be collected).
|Intro. by Iler, Butler.||Brunswick|
Amends GS 18B-600 (places eligible to hold alcoholic beverage elections) to allow a town with at least 1,000 registered voters to hold an ABC store election.
Applies only to the Town of Leland.
|Intro. by Iler.||Brunswick|
Repeals Section 2 of SL 1935-26, as amended, concerning the appointment of members to the Lexington City Board of Education.
Establishes that beginning in 2017 the Lexington City Board of Education is to be composed of seven members elected on a nonpartisan basis by the voters of the Lexington City School Administrative Unit. Election of members is to take place on the Tuesday after the first Monday in November in odd-numbered years, with results determined as provided in GS 163-292 (determination of election results in cities using the plurality method). Requires one member to be elected from each of the six wards of the City of Lexington, and one member to be elected to represent the citizens of Davidson County who meets the specified requirements. Requires the member to reside in the ward or area that the member represents for the length of his or her term. Prohibits a member from serving for more than two consecutive full terms without an intervening period of four years. Clarifies that a vacancy filled by appointment or election for an unexpired portion of a term is not considered a full term.
Sets forth that members elected from Wards 4, 5, and 6 and the member elected as the representative for Davidson County are to be elected beginning in 2017 and quadrennially thereafter for four-year terms. Sets forth that members elected from Wards 1, 2, and 3 in 2017 are to serve initial terms of two years, and beginning in 2019 and quadrennially thereafter, are to serve four-year terms.
Directs elections to be administered in accordance with Articles 23 and 24 of GS Chapter 163 (Municipal Election Procedures, Conduct of Municipal Elections). Details when members are to take office. Provides that vacancies are to be filled in accordance with GS 115C-37(f), beginning with members elected in 2017. Clarifies that the member must reside in the ward or in the area that the vacancy represents to be eligible to fill a vacancy.
Provides that the members appointed to the Board who are serving their terms at the time of the 2017 election are to expire upon qualification of members elected to the Board in accordance with this act, as specified.
Repeals all other laws in conflict with the provisions of this act.
|Intro. by Potts, Watford.||Davidson|
Authorizes Henderson County to construct or renovate community college buildings, as defined in GS 143-336, on the campus of Blue Ridge Community College (College) to be used for a law enforcement training center so long as Henderson County: (1) complies with Article 3D of GS Chapter 143 (Procurement of Architectural, Engineering, and Surveying Services), Article 8 of GS Chapter 143 (Public Contracts), Article 8 of GS Chapter 159 (Financing Agreements and Other Financing Arrangements), and GS 160A-20 (Security Interests); (2) consults with the board of trustees of the college about programming requirements for the buildings and keeps the board of trustees informed regarding the construction process and progress; and (3) funds all projects entirely with County funds.
Allows Henderson County and the board of trustees of the college to enter into a memorandum of understanding to allow for the construction of community college buildings authorized by this act in a timely fashion and cost-efficient manner if deemed appropriate by the parties.
Directs the board of trustees of the college to transfer title to the described property in Henderson County within 30 days of the effective date of this act for the life of any debt incurred against the property by Henderson County and for the construction and renovation of community college buildings authorized by this act.
Directs Henderson County to transfer title to the property back to the board of trustees of the college upon the satisfaction of any debt incurred against the property as described. Provides that if no debt is incurred against the property as described by Henderson County for the construction or renovation of community college buildings on or before December 31, 2020, Henderson County must transfer title to the property back to the board of trustees of the college.
The above provisions only apply to construction and renovation projects by Henderson County on the campus of Blue Ridge Community College located within Henderson County between January 1, 2016, and December 31, 2021.
Authorizes Henderson County and the board of trustees of the college to enter into a lease agreement in accordance with GS 160A-274 for any space in county-owned buildings located within Henderson County if deemed appropriate by the parties.
|Intro. by McGrady.||Henderson|
The Daily Bulletin: 2017-03-22
Actions on Bills: 2017-03-22
H 116: STUDENT SAFETY IN ATHLETICS.
H 138: REVISE GANG LAWS.
H 277: NATUROPATHIC STUDY (NEW).
H 315: KELSEY SMITH ACT.
H 418: SOS/SAVE OUR STREET SIGNS.
H 424: SUPERSEDING DOMESTIC ORDERS.
S 240: APPROPRIATIONS ACT OF 2017.
S 257: APPROPRIATIONS ACT OF 2017.
S 272: FAIR BLUFF TOWN HALL FUNDS.
S 273: FAIR BLUFF RIVERWALK FUNDS.
S 332: REPEAL HB 2.
S 345: INTERSTATE COMPACT BILL.
S 357: FUNDS/FORT DOBBS REPLICA.
S 363: MACHINERY ACT UPDATE.
Actions on Bills: 2017-03-22
S 249: COYOTE BOUNTY PILOT PROGRAM.
S 260: WAKE FOREST ANNEXATION.
S 261: KANNAPOLIS DEANNEXATION.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.