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

Deletes proposed GS 130A-248(a7), which established the criteria under which a permitted establishment that prepares or serves food may have used an outdoor grill to prepare food for customers.

Enacts new GS 130A-248(c2) establishing seven criteria to be met before a food establishment may use an outdoor grill to prepare food for customers for sample or sale, including: the outdoor grill is located on the premises of the food establishment and is continuously supervised by a food employee when the grill is in use, the outdoor grill is not operated within 10 feet of combustible construction, and the outdoor grill is located in an enclosed area and protected from environmental contamination when not in operation. Retains the October 1, 2017, effective date. Amends the act's long title.

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

Amends GS 87-21 to include persons, firms, and corporations who, for valuable consideration, verify, inspect, evaluate, or test fire sprinklers, or offer to do so, in addition to the currently listed or proposed activities, with those deemed to be in the business of plumbing, heating, or fire sprinkler contracting. Authorizes the Board to establish additional restricted classifications to provide for the licensing of any person (currently proposed, of persons) desiring to engage in contracting and installing fuel piping from an approved fuel source on the premises to a point inside the residence.

Makes the act effective when it becomes law (currently, effective July 1, 2017).

Enacts new GS Chapter 160A, Article 10B (Commercial Property Assessed Capital Expenditures), as follows.

Defines nine terms as they are used in the Article, including commercial property assessed capital expenditure(C-PACE), meaning the financing of building and property upgrades and improvements through property tax assessments.

Authorizes local government units to establish a C-PACE program to promote, encourage, and facilitate building and property upgrades or improvements within their jurisdictions. Provides for joint C-PACE programs between two or more governing bodies. Provides for governing bodies or C-PACE districts to contract with a nonprofit, not-for-profit, public university, or private third party to administer the C-PACE program.

Specifies six types of building and property that are eligible for C-PACE financing, including commercial buildings and multifamily residential buildings with five or more units. Provides that property in a C-PACE district does not have to be contiguous. Allows for the governing body of a local government unit that creates a C-PACE district to add the property of any owner who voluntarily executes a written agreement consenting to their inclusion in the district and participation in the C-PACE program, to remove the property of any owner who has satisfied their property tax assessment obligations under the C-PACE program, and to delegate to the C-PACE program administration the authority to add new properties to the C-PACE district as long as the property qualifies. Directs the governing body to include a provision in the C-PACE district guidelines that requires the owner of qualifying real property to be informed that it is recommended that a licensed third party reviews the property, as described, before obtaining C-PACE financing. Requires an agreement between the C-PACE district and the owner of qualifying real property to specify the building and property upgrades to be completed and the contractor responsible for the upgrades, and requires information from the third-party survey, if completed, to be included in the agreement. Provides that documentation of completion of upgrades or improvements must be publicly available. Requires qualifying real property to be current on property tax and assessment payments, and not be encumbered by involuntary liens, default judgments, or judgments. Directs the governing body to require the implementation of minimum building and property owner protection guidelines.

Specifies which building upgrades and improvements qualify for C-PACE financing. Provides that upgrades must improve the health and safety, energy efficiency, renewable energy on-site generation or storage, water conservation, durability, or resiliency to weather and disaster damages of new or existing buildings or properties. Does not authorize only aesthetic or design improvements. Lists 19 eligible upgrades and improvements. Provides that the upgrades and improvements must be permanently affixed to the property or building, and may not be removed if the ownership of the property or building changes.

Requires property owners to provide documentation that any historical or architectural review boards with jurisdiction over the qualifying real property have approved the requested building or property upgrades or improvements. Requires written permission from any secured mortgage holder before the property owner may participate in the C-PACE program. Provides that property is ineligible if the property is currently in foreclosure or has current involuntary liens, defaults, or judgments. Provides that C-PACE financiers may impose minimum requirements on property owners to demonstrate their ability to pay.

Requires C-PACE program administrators to establish and manage contractor registration, and to develop quality assurance guidelines. Requires property owners to select contractors for C-PACE improvements from those registered with the administrator. Makes the contractor responsible for remedying improper upgrades, and makes the C-PACE program administrator responsible for handling complaints and resolution procedures, and to make complaints involving contractors registered with the program publicly available. Directs the administrator to recommend a benchmarking survey or other review by a licensed third party upon completion of upgrades.

Authorizes C-PACE financiers to impose property tax assessments on qualifying real property when an owner has voluntarily executed a written agreement consenting to undertake building or property upgrades or improvements and have a C-PACE assessment imposed on the owner's property. Requires the financing agreement to be in writing. Requires written lender consent forms for each existing secured mortgage, and provides requirements for the consent forms. Authorizes C-PACE programs to access project capital from any funds legally available to the local government unit whose governing body created the C-PACE district. Requires revenue bonds secured solely by C-PACE assessment payments to be issued by a local government unit or an authorized authority or local development corporation. Does not affect existing laws related to issuance of revenue bonds by cities participating in C-PACE programs or by other qualified issuers of bonds, subject to certain requirements, or any other funds lawfully pledged as security. Authorizes local government units to offer C-PACE capital by establishing a special C-PACE benefit district. Requires assessment of the C-PACE program to include at least 100% of the unpaid costs of the qualifying upgrades or improvements. Provides that the sum of the mortgage and the C-PACE lien should not exceed 95% of the total assessed property value, unless otherwise provided by the governing body. Provides that the term of the assessment must not exceed the weighted average of the useful life of the property upgrades or improvements, or 25 years, and that liability for assessments related to the property upgrades or improvements remain with the real property. Authorizes competitive bidding for C-PACE financiers to provide financing to qualifying real property. Requires property upgrades or improvements to meet all applicable safety, performance, interconnection, and reliability standards established by listed entities.

Provides that property tax assessments levied constitute C-PACE liens against the qualifying real property if the lender consent form is filed as provided. Provides the perfected C-PACE lien related to the portion of the currently due, payable, and delinquent assessments currently in arrears with priority over any mortgage. Requires foreclosing mortgagees to serve all procedural documents of the foreclosure on the governing body of the local government unit that created the C-PACE district, or its administrator, as if they were a party to the action. Provides that the C-PACE lien survives a judgment of foreclosure. Provides for the governing body of a local government unit, if provided for in a written agreement, to assign to the C-PACE financier any and all liens filed by the unit's tax collector. Provides for the payment of the liens, and the removal of obsolete or damaged equipment that is the subject of the lien while preserving the lien. Authorizes the local government unit or its C-PACE administrator to enforce the lien in the same manner as property taxes.

Amends GS 58-7-185, prohibiting insurers from investment underwriting for securities issued by any corporation or enterprise, the controlling interest of which is or will after acquisition by the insurer be held directly or indirectly by the insurer or any combination of the insurer and the insurer's directors, officers, parent corporations, subsidiaries, or controlling stockholders, except with consent from the Commissioner of Insurance. Current law provides that this provision does not apply to investments in subsidiaries under GS 58-19-10 (subsidiaries of insurers). This act adds that this provision also does not apply to transactions involving an insurer within an insurance holding company system regulated under GS 58-19-30 (standards and management of an insurer within an insurance holding company system), or transactions described by GS 58-7-200(e), as amended below.

Amends GS 58-7-200(e), concerning investment transactions not prohibited by the statute, to make clarifying and technical changes. Adds three new subdivisions to subsection (e) specifying the following transactions are also not prohibited by the statute: (1) an insurer investing in or lending its funds to an affiliate, subject to GS 58-19-30 and GS 58-7-170 (diversification); (2) an insurer directly or indirectly investing in or lending its funds to a nonaffiliate in which an officer, director, or controlling stockholder directly or indirectly holds an interest, so long as the investment or loan transaction meets the standards of GS 58-7-170 and GS 58-19-30(a)(1) and (2) (requirements for fair and reasonable terms and reasonable charges/fees); and (3) an insurer directly or indirectly making or holding an investment described in GS 58-7-173(11) (specified bonds, notes, and other interest-bearing or interest accruing obligations of solvent institutions), subject to GS 58-19-30 and GS 58-7-170. 

Existing GS 58-7-200(c) prohibits an insurer from directly or indirectly investing in or lending funds to any of its directors, officers, controlling stockholders, or any other person in which an officer, director, or controlling stockholder is substantially interested, and prohibits any director, officer, or controlling stockholder from directly or indirectly accepting the funds. Adds new subsection (f) to GS 58-7-200, establishing that existing subsection (c) does not apply with respect to any investment by an insurer in an entity in which the officers, directors, and controlling shareholders hold no more than 10% of the voting interests or which is otherwise not an affiliate of the insurer, or which is controlled by a trust established in accordance with the NC Uniform Trust Code. Requires the investment under this provision to comply with the requirements of GS 58-19-30 and GS 58-7-170, and the trust be controlled by a trustee not affiliated with the insurer.

Provides that the changes to GS 58-7-200 apply retroactively to any transaction entered into on or after July 1, 2015.

Amends GS 58-7-179(c), which details cap amounts for mortgage loan(s) made or acquired by an insurer on any one property at the time of investment by the insurer. Deletes the existing provisions and now provides that mortgage loans made or acquired by an insurer on any one property at the time of investment by the insurer cannot exceed the larger of: (1) 90% of the fair market value of the real estate, if the mortgage loan is secured by a purchase money mortgage or like security received by the insurer upon disposition of the real estate; (2) 80% of the fair market value of the real estate or 97% for residential mortgage loans if the borrower obtains the specified private mortgage insurance, if the mortgage loan requires immediate scheduled payment in periodic installments of principal and interest, has an amortization of 30 years or less, and requires periodic payment made no less frequently than annually; or (3) 75% of the fair market value of the real estate for mortgage loans that do not meet the requirements of the previous two provisions.

Enacts GS 58-7-184, permitting an insurer to enter into securities lending, repurchase, reverse repurchase, and dollar roll transactions with business entities, subject to seven detailed requirements, including requiring the insurer to enter into a written agreement for all authorized transactions under the statute other than dollar roll transactions, and requiring that each written agreement terminate no more than one year from its inception or upon the earlier demand of the insurer. Defines dollar roll transaction, repurchase transaction, reverse purchase transaction, and securities lending transaction. 

Current law, GS 58-7-26(a), provides for an asset or a reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of GS 58-7-21 to be permitted in an amount not exceeding the liabilities carried by the ceding insurer. Current law requires the reduction to be in the amount of funds held by or on behalf of the ceding insurer under a reinsurance contract with the assuming insurer as security for the payment of obligations thereunder, if the security is held in the United States subject to withdrawal solely by and under the exclusive control of the ceding insurer, or in the case of a trust, held qualified in a US financial institution as specified. Amends the provision in GS 58-7-26(a) providing for the permitted forms of a security, to include that the security may be in the form of repurchase and reverse repurchase transactions as defined in GS 58-7-184(a). Makes clarifying and technical changes.

Amends GS 58-7-173, which sets forth 17 permitted insurer investments, to amend subsection (15). Permits insurers to invest in loans with a maturity not in excess of 30 years (currently 12 years) from the date thereof that are secured by the pledge of securities eligible for investment under GS Chapter 58 or by the pledge or assignment of life insurance policies issued by other insurers authorized to transact insurance in this State. Adds that (1) loans upon the pledge of US Government bonds, (2) loans upon the pledge or assignment of life insurance policies, and (3) loans upon the pledge of securities designated in accordance with the Purposes and Procedures Manual issued by the Securities Valuation Office of the NAIC (currently not specified) are prohibited from exceeding the market value of the bonds or the cash surrender value of the projects pledged (currently, prohibited from exceeding 95% of the market value). Establishes that loans made under this subdivision are not renewable for a period beyond 30 years (currently 12 years) from the date of the loan.

Amends GS 115C-105.25 to provide that funds allotted by the State Board of Education for noninstructional support personnel to a local school administrative unit may be used to pay leases entered into under GS 115C-530 by a local board of education in a county that, at the time the lease was entered into, was in a development tier one area. Does not obligate the State or the State Board of Education to provide funds for any lease payments for leases under GS 115C-530. Provides that leases under GS 115C-530 may not be secured by the faith, credit, or taxing power of the State. Provides that the county is responsible for any lease payments for leases under GS 115C-530, if State Board of Education funds allotted to the local school administrative unit are decreased. Effective July 1, 2017.

Amends GS 115C-530 to amend the conditions that must be met before a lease of three years or longer is allowed, to require that construction, repair, or renovation of property be in compliance with GS 115C-521(c) and (c1) (currently, only (c), relating to energy guidelines). Provides that operating leases entered into by a local board of education with a private developer for a new school building must be on sites owned by either the local board of education or the county. Directs the owner to enter into a ground lease with the private developer. Requires private developer to select a general contractor according to GS 143-128(a1)(1) through GS 143-128(a1)(7). Requires the private developer to provide letters of credit or a payment bond equal to 100% of the fees for any design and contracting services. Creates procedure for local boards of education to contract with private developers for school buildings or facilities. Requires specified information from private developers seeking a contract to operate a school building or facility. Authorizes local boards of education to borrow money for a purpose allowed pursuant to 26 USC s. 54E(d)(3) with respect to the leased building or facilities. Requires the operating lease to be for a period of at least 10 years. Makes technical changes.

Amends GS 115C-426 to provide that the capital outlay fund includes appropriations for lease payments for leases described above, and that the appropriations from the fund may be paid with funds allotted by the State Board of Education for noninstructional support personnel used for the purpose of lease payments.

Amends GS 115C-489.6(a) to direct the State Board of Education, as part of the qualified zone academy bond program, to ensure that bond proceeds are allocated so as to prioritize use in counties having greater economic distress. Provides that allocation of total funds, with respect to leased facilities under GS 115C-530, be used for any purpose allowed under 26 USC s. 54E(d)(3), or with respect to any other facility, as currently specified, except that use for equipment related to rehabilitation or repair is now permitted, but not required.

Except as otherwise provided, this bill is effective when it becomes law, and applies to agreements sites leased, leases entered into, appropriations made, and bond proceeds used on or after that date.

Under current law, GS Chapter 50C provides for the issuance of civil no-contact orders and GS Chapter 50B provides for the issuance of domestic violence no-contact orders.

Amends GS 50C-5(b), as the title indicates, to provide similar firearm protections under Chapter 50C as are available under Chapter 50B. Adds a new subdivision, (6a), to GS 50C-5(b) to allow a court to prohibit a respondent from purchasing a firearm for a period of time as specified in the civil no-contact order.

Enacts new GS 50C-5.1, which requires the respondent to surrender all firearms, permits to purchase firearms, and ammunition for firearms to the sheriff when a temporary ex parte civil no-contact order or permanent civil no-contact order is issued pursuant to GS Chapter 50C and the court finds any of a specified list of factors to be present. Provides specific guidelines regarding hearings under GS 50C-5.1; the process of surrendering weapons, when and if surrendered weapons are retrievable; the filing of motions for the return of weapons; and the disposal of firearms. Makes a violation a Class H felony. Provides for an official use exemption for law enforcement officers and members of any branch of the Armed Forces of the United States. 

Makes a conforming change, amending GS 14-269.8 to provide that in accordance with GS 50C-5.1, as enacted in this act, it is unlawful for a person subject to a civil no-contact order to purchase or possess firearms.

Becomes effective December 1, 2017, and applies to actions commenced on or after that date.

Requires the NC Works Commission (Commission) to review and evaluate the State's anticipated workforce demand and educational supply for such demand, to the extent practicable within available resources and subject to the availability of data currently collected by and accessible to State agencies. Requires that the review be conducted in consultation with the Department of Commerce, the Department of Labor, the Department of Public Instruction, The University of North Carolina General Administration, the North Carolina Community College System, and any other entity the Commission deems appropriate. Requires the Commission to submit an initial written report on its findings and recommendations to the Joint Legislative Education Oversight Committee (JLEOC) by February 1, 2018, and its final written report no later than 45 days before the 2019 Legislative Session. Requires progress reports at least every six months. Specifies items that must be included in the report to JLEOC. 

Establishes that a highly qualified graduate must be paid pursuant to "A" Teachers salary schedule at the highest level for which that person qualifies, as specified by the act and depending on whether the highly qualified graduate is licensed and employed to teach by a local board of education, employed at a low-performing school, or is licensed and employed to teach in the areas of special education, science, technology, engineering, or mathematics. Defines a highly qualified graduate as an individual entering the teaching profession who has graduated from an approved educator preparation program located in NC (1) with a GPA of 3.75 or higher on a 4.0 scale, or its equivalent and (2) with a score of 48 on the edTPA assessment or an equivalent score on the nationally normed and valid pedagogy assessment used to determine clinical practice performance. Effective only if funds are appropriated in the 2017 Regular Session of the 2017 General Assembly to implement the provisions of this act, and would apply beginning with the 2017-18 school year. 

Appropriates $1 million in recurring funds from the General Fund to the UNC Board of Governors for the 2017-18 school year to support and expand the NC New Teacher Support Program. Adds two new anchor sites to the program: Appalachian State University and the University of North Carolina at Wilmington. Effective July 1, 2017, and applies beginning with the 2017-18 school year. 

Amends GS 115C-269 to add new subsection (a4) to direct the State Board of Education to reimburse the initial teacher licensure application fee for the first time an applicant submits an application for teacher licensure if the applicant (1) is a graduate of an approved educator preparation program located in North Carolina and (2) the applicant has successfully earned an initial teaching license in North Carolina. Directs the State Board of Education to issue reimbursement to the applicant within 30 days of the date the applicant earns an initial teaching license in North Carolina. Appropriates $245,000 in recurring funds for the 2017-18 school year to the Department of Public Instruction to reimburse the initial teacher licensure application fee for qualifying applicants pursuant to new subsection (a4). Effective July 1, 2017, and applies to applications for licensure received on or after that date.

Section 1 Repeals SL 2015-241, Section 11.7, which established the NC Guaranteed Admission Program (NCGAP).

Section 2 enacts GS 116-40.13, prohibiting a constituent institution of the UNC System from accepting any student who applies for admission as a freshman at the constituent institution unless the student has a minimum high school GPA of 3.0 on a seven point scale, except as otherwise provided in the new statute or by Article 35 of GS Chapter 116. Permits each constituent institution to admit a student who has a high school GPA that is less than 3.0 on a seven point scale if the student satisfies all other admission criteria and is deemed by the institution to have special talents and qualifications. Limits the number of special talent students that can be enrolled by a constituent institution to 3% of the total number of first-time undergraduate applicants enrolled in the academic year of admittance. Applies to admission beginning with the 2018 fall academic semester.

Section 3

Enacts Article 36 to GS Chapter 116, setting forth legislative findings and directing the UNC Board of Governors in conjunction with the State Board of Community Colleges to establish the North Carolina Graduation Rate Acceleration Double Enrollment Program (NCGRADE). Describes NCGRADE as a double enrollment admission program that allows an eligible student with a high school GPA of 2.5 to 2.99 on a seven point scale to be accepted for admission to a constituent institution that is an NCGRADE participant so long as the student also enrolls at a community college designated as an NCGRADE partner for that constituent institution and satisfies all other admission criteria of the constituent institution. Adds that an eligible student with a high school GPA of 3.0 or higher on a seven point scale can also apply for admission and be accepted through NCGRADE rather than through a direct admission process at an NCGRADE constituent institution. Establishes that the provisions of new Article 36 apply to any student accepted through the NCGRADE admission process. 

Details the eligibility requirements a student must satisfy to be admitted to an NCGRADE constituent institution, including the requirement that the student be a legal resident as defined by GS 116-143.1.

Provides that a student accepted at a constituent institution through NCGRADE is enrolled as a freshman at both the constituent institution and the partner community college that the student attends. Requires a student to earn an associate degree from a partner community college within three years from the date of enrollment in order to continue to be classified as an NCGRADE student, to be eligible to enroll in credit courses at the constituent institution through NCGRADE, and to receive an NCGRADE grant pursuant to GS 116-302, enacted below. 

Requires an NCGRADE student who obtains an associate degree pursuant to this statute to enroll as a full-time student at the NCGRADE constituent institution within one year of the date that the student is awarded an associate degree from the partner community college. Requires that a student enrolled in an NCGRADE constituent institution to be enrolled in at least 15 credit hours at the constituent institution to be considered a full-time student. 

Specifies that an NCGRADE student is to be charged the community college tuition rate until the student transfers to the constituent institution and officially enrolls as a full-time student at the constituent institution. 

Directs the State Board of Community Colleges, in consultation with the Board of Governors, to adopt rules to ensure that a student participating in NCGRADE is provided counseling and assistance in selecting coursework that reflects the student's educational and career goals and that provides a smooth transition from the community college to the constituent institution. 

Establishes the NCGRADE Grant Fund (Fund) to be administered by the NC Education Assistance Authority (Authority). Establishes that the funds in the Fund are nonreverting and must be used as provided by the statute. Grants each full-time student who is enrolled and taking credit hours at a constituent institution as an NCGRADE participant $1,000 each academic semester in addition to all other financial assistance made available to a student attending a constituent institution. Requires a student, to be eligible for a grant, to (1) make satisfactory academic progress towards earning a baccalaureate degree, (2) maintain a course load of at least 15 credit hours each academic semester that satisfy course requirements for a baccalaureate degree, and (3) provide an affirmative statement to the constituent institution that the student does not have a felony conviction. Details parameters for the use of a grant and the administration of the grants. Requires the constituent institution to refund the full grant amount to the Authority in the event a student on whose behalf the grant has been paid is not enrolled and carrying a minimum academic load of 15 credit hours as of the tenth classroom day following the beginning of the school term for which the grant was paid. Sets forth in the event there are not sufficient funds to provide each eligible student with a full grant that: (1) the Board of Governors can transfer funds to meet the needs of the programs with approval of the Office of State Budget and Management and (2) each eligible student must receive a pro rata share of funds then available for the remainder of the academic semester within the fiscal period covered by the current appropriation. 

Limits a student to receiving an NCGRADE grant no more than four full-time academic semesters. Provides for the constituent institution to grant a waiver to the student to receive a grant for the equivalent of one additional full-time academic semester if the student demonstrates the student's pursuit of the degree was substantially interrupted due to a military service obligation, serious medical debilitation, a short-term or long-term disability, or other extraordinary hardship. Directs the constituent institution to establish policies and procedures to implement the waiver provided in the statute.

Applies to admissions beginning with the 2018 fall academic semester. 

Section 4

Directs the Board of Governors to annually review the enrollment records of the first-time, freshmen class enrolled by each constituent institution over a three-year period beginning with the 2013-14 academic year to determine the average high school GPA of students accepted during that time period. Requires any constituent institution to participate in NCGRADE that had an average over the three-year time period in which more than 5% of the first-time freshmen students enrolled had a high school GPA of less than 3.0 on a seven point scale. Details requirements for constituent institutions to partner with community colleges to participate in the NCGRADE program. Sets out requirements for constituent institutions concerning campus life for NCGRADE students. 

Directs NCGRADE to be implemented by the 2018-19 academic year and apply to student applications and admissions policies for the 2018 fall academic semester and each subsequent academic semester.

Section 5

Appropriates $600,000 for the 2017-18 fiscal year from the General Fund to the Board of Governors to design and implement the NCGRADE program.  Appropriates $600,000 for the 2017-18 fiscal year from the General Fund to the State Board of Community Colleges to design and implement the NCGRADE program. 

Appropriates $3,860,000 from the General Fund to the NCGRADE Grant Fund for the 2018-19 fiscal year.

Appropriates from the General Fund to the Board of Governors $9 million for the 2017-18 fiscal year and $9 million for the 2018-19 fiscal year, to be used for the support of NCGRADE.

Effective July 1, 2017.

Section 6 establishes that the act does not apply to the NC School of Science and Mathematics or the University of North Carolina School of the Arts. 

States General Assembly findings related to UNC and discrimination and equality.

Requires the UNC Board of Governors (BOG) to review and evaluate the equal opportunity policies, which include the policies related to diversity and nondiscrimination, adopted by each constituent institution, the implementation of those policies on each campus, and the services provided on each campus in order to evaluate the transparency and effectiveness of those policies. Specifies that as a part of the review the BOG must direct each constituent institution to identify all staff positions on campus that include as part of the job duties any responsibility for the implementation, administration, or enforcement of policies intended to promote equal opportunity, diversity, or inclusiveness; indicate how those staff positions and the services offered through those positions fit within the organizational structure of the constituent institution; and indicate the direct and indirect costs related to those staff positions and services provided by those staff positions.

Requires the BOG, based on its evaluation, to establish policies that require each constituent institution to develop an equal opportunity plan that consolidates all equal opportunity services offered on campus into a single office headed by an equal employment officer designated by the Chancellor, identifies measurable goals to ensure equal opportunity and inclusiveness within each institution, and requires quantification of all costs incurred in the university's efforts to promote equal opportunity, inclusiveness, diversity, or nondiscrimination. Requires each constituent institution to develop a plan outlining steps it will take to comply with the BOG for review by the BOG within three months. Requires the plans to be implemented upon approval by the BOG. Requires chancellors to report to the BOG annually on the number of personnel involved in the institution's equal opportunity efforts, progress made in meeting the institution's stated goals, and the costs associated with the institution's equal opportunity plan.

Requires the BOG to also review policies on the funding of student organizations from mandatory student fees and any other State funds. Requires constituent institutions to have policies that recognize student organizations that select their members or leaders on the basis of commitment to a set of beliefs and allows these organizations to limit membership and participation in the group to those students who, upon individual inquiry, affirm that they support the group's goals and agree with its beliefs. Prohibits a constituent institution from using State funds or receipts derived from mandatory student fees to support such student organizations. Applies beginning with the 2017 fall academic semester.

 

Amends GS 15A-300.1 to allow emergency management agencies to use unmanned aircraft systems for all functions and activities related to emergency management. Allows unmanned aircraft systems to be equipped with infrared and other imaging technology for emergency management and hazard risk management purposes.

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

Establishes the 10-member Joint Legislative Study Committee on Legislative Term Limits (Committee), with five members appointed by the Speaker of the House and five appointed by the President Pro Tempore of the Senate. Requires the Committee to study whether to increase legislative term lengths, whether to limit the number of terms or years a legislator may serve, public opinion on legislative term limits, and the impact in other states that term limits have on the effectiveness of legislators and legislation, cost effectiveness, and any other impacts on revenue. Sets out provisions on naming cochairs, filling vacancies, and staffing the Committee. Requires the Committee to submit a report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than 30 business days following the adjournment sine die of the 2017 General Assembly. Terminates the Committee upon the filing of its final report or 30 business days following the adjournment sine die of the 2017 General Assembly, whichever is earlier.

Amends GS 115C-81 to require that the basic education program include a requirement that all students in kindergarten through fifth grade participate in at least three supervised one‑hour physical education classes each school week. Allows for students from different grade levels to participate simultaneously if, in the opinion of the school principal, it is necessary at a particular school and the classes are appropriate to the ages of the participating students. Adds that the State Board of Education must require the teaching of one one-credit course on physical education each year in sixth through twelfth grades. Makes technical changes.

Amends GS 115C-47 by adding that it is each local board of education's duty to ensure that all students participate in physical education classes.

Applies beginning with the 2017-18 school year.

Requires the Director of the Division of Emergency Management of the Department of Public Safety to convene a working group to develop policies to: (1) develop and disseminate training for emergency responders to use to address safety and crowd control in situations where individuals work in small and dispersed groups for the purpose of organized protests or demonstrations; (2) develop and disseminate recommendations for regular and more frequent training protocols for both responders and victims; (3) develop and disseminate emergency management process training at the local level; and (4) develop recommended statutory changes to clarify which agency, whether State or local, is responsible for personnel evacuation. Requires a report on the working group's findings to the Joint Legislative Emergency Management Oversight Committee by March 1, 2018. 

Requires the UNC Board of Governors and the State Board of Community Colleges to adopt mandatory training for students on safety protocols in the event of a terrorist attack or an active shooter. Requires the training activities to be conducted at least biannually beginning January 1, 2018. Requires these boards to report the adopted policies to the Joint Legislative Emergency Management Oversight Committee no later than December 1, 2017.

Identical to H 305, filed 3/9/17.

Amends GS 115C-431 to repeal language that would have allowed a dispute between a board of education and a board of county commissioners about the sufficiency of education funds to enter mediation and then be appealed to the courts. Provides that the decision of the county commissioners is final. Prohibits the local board of education from filing any legal action challenging the sufficiency of the funds appropriated by the board of county commissioners. Makes conforming change to GS 115C-432(a). Effective when it becomes law and applies beginning with budget ordinances adopted on or after that date.

Eliminates the Division of Mitigation Services in the Department of Environmental Quality (DEQ), and all positions within that division. Vests all functions, powers, duties, obligations, and services vested in the Division of Mitigation Services in DEQ prior to its elimination under this act in the Division of Mitigation Service in the Department of Transportation (DOT), as established below. Mandates the elimination to occur no later than August 1, 2017.

Eliminates the Indirect and Cumulative Impacts/On-Site Mitigation Group in DOT, and all positions within that group. Mandates the elimination to occur no later than August 1, 2017.

Enacts new Article 21, establishing the Division of Mitigation Services (Division) within DOT. Directs DOT to develop the Division as a nonregulatory statewide mitigation services program for the acquisition, maintenance, restoration, enhancement, and creation of wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities. Establishes the components of the Division to consist of: (1) restoration and perpetual maintenance of wetlands; (2) development of restoration plans; (3) landowner contact and land acquisition; (4) evaluation of site plans and engineering studies; (5) oversight of construction and monitoring of restoration sites; (6) land ownership and management; (7) mapping, site identification, and assessment of wetlands functions; and (8) oversight of private wetland mitigation banks to facilitate the components of the Division.

Details six purposes of the Division, including fostering a comprehensive approach to environmental protection. 

Directs DOT to develop basinwide plans for wetlands and riparian area restoration with the goal of protecting and enhancing water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities within each of the 17 major river basing in the State. Further directs DOT to develop and implement a basinwide restoration plan for each of the 17 river basins in the State in accordance with the basinwide schedule currently established by the Division of Water Resources in DEQ.

Requires DOT to coordinate all compensatory mitigation required by permits or authorizations issued by DOT or by the US Army Corps of Engineers consistent with the basinwide restoration plans and rules developed by the Environmental Management Commission. Requires all compensatory mitigation to be consistent with the basinwide restoration plans, whether performed by DOT or by permit applicants. Requires all compensatory mitigation to be consistent with rules adopted by the Commission for wetland and stream mitigation and for protection and maintenance of riparian buffers. Defines compensatory mitigation as the restoration, creation, enhancement, or preservation of jurisdictional waters required as a condition of a permit issued by DOT or by the US Army Corps of Engineers. 

Directs that the emphasis of compensatory mitigation is to be on replacing functions within the same river basin unless it is demonstrated that restoration of other areas would be more beneficial to the overall purposes of the Division. 

Details actions that a government entity can take to satisfy compensatory mitigation requirements, including payment of a fee, so long as those actions are consistent with the basinwide restoration plans and meet or exceed the requirements of the DOT or the US Army Corps of Engineers. 

Details actions that an applicant other than a government entity can take, including donating land, to satisfy compensatory mitigation requirements so long as those actions meet or exceed the requirements of the US Army Corps of Engineers. 

Directs the Environmental Management Commission to establish a standardized schedule of compensatory mitigation payment amounts. Provides that payments are to be made by applicants to the Ecosystem Restoration Fund established in GS 136-281, enacted below. Further details factors for determining compensatory mitigation payments.

Directs State agencies and mitigation banks to demonstrate that adequate, dedicated financial surety exists to provide for the perpetual land management and hydrological maintenance of lands acquired by the State as mitigation banks, or proposed to the State as privately operated and permitted mitigation banks. Defines compensatory mitigation bank as a private compensatory mitigation bank or an existing local compensatory mitigation bank. Defines private compensatory mitigation bank as a site created by a private compensatory mitigation provider and approved for mitigation credit by State and federal regulatory authorities through execution of a mitigation banking instrument, but does not include a site owned by a government entity or unit of local government. Defines existing local compensatory bank as a mitigation bank operated by a unit of local government that is a party to a mitigation banking instrument executed on or before July 1, 2011, notwithstanding subsequent amendments to such instrument executed after July 1, 2011.

Requires a State agency acquiring land to restore, enhance, preserve, or create wetland to also pay a sum in lieu of ad valorem taxes lost by the county in accordance with GS 146-22.3.

Provides that an existing local compensatory mitigation bank must comply with the requirements of Article 12 of GS Chapter 160A applicable to the disposal of property whenever it transfers any mitigation credits to another person. 

Directs the Division to exercise its authority to provide for compensatory mitigation under the authority granted by this statute to use mitigation procurement programs in the following order of preference and as further detailed: (1) full delivery/bank credit purchase program, (2) existing local compensatory mitigation bank credit purchase program, (3) design/build program, and (4) design-bid-build program. Sets forth that the regulatory requirements for the establishment, operation, and monitoring of a compensatory mitigation bank or full delivery project vest at the time of the execution of the mitigation banking instrument or the award of a full delivery contract. 

Establishes the Ecosystem Restoration Fund (Fund) as a nonreverting fund within DOT. Provides that the Fund is to be treated as a special trust fund and credited with interest by the State Treasurer pursuant to GS 147-69.2 and GS 147-69.3. Directs that the Fund is to provide a repository for monetary contributions and donations or dedications of interest in real property to promote projects for the restoration, enhancement, preservation, or creation of wetlands and riparian areas and for payment made in lieu of compensatory mitigation. Prohibits any funds from the Fund from being expended for any purpose other than those directly contributing to the acquisition, perpetual maintenance, enhancement, restoration, or creation of wetlands and riparian areas in accordance with the basinwide plan as described in GS 136-179, as enacted. Sets out that the cost of acquisition includes a payment in lieu of ad valorem taxes required under GS 146-22.3 when DOT is the State agency making the acquisition.

Authorizes DOT to distribute funds from the Fund directly to a federal or State agency, a local government, or a private nonprofit conservation organization to acquire, manage, and maintain real property or an interest in real property for the purposes set out above. Requires a recipient of these funds to grant a conservation easement in the real property or interest in real property acquired with the funds to DOT in a form acceptable to DOT. Authorizes DOT to convey real property or an interest in real property that has been acquired under the Division to a federal or State agency, a local government, or a private nonprofit conservation organization to acquire, manage, and maintain real property or an interest in real property under this provision. Requires a grantee of real property or an interest in real property under this provision to grant a conservation easement in the real property or interest in real property to DOT in a form that is acceptable to DOT. 

Sets forth that a person subject to a permit or authorization issued by the US Army Corps of Engineers under 33 USC 1344 can contribute to the Division in order to comply with conditions or terms of the permit or authorization if participation in the Division will meet the mitigation requirements of the US Army Corps. Directs DOT at the discretion of the applicant to accept payment into the Fund in lieu of other compensatory mitigation requirements of any authorizations issued by the US Army Corps under 33 USC 1344 if the contributions will meet the mitigation requirements of the US Army Corps. Sets forth that payment can be made in the form of (1) monetary contributions according to a fee schedule established by the Environmental Management Commission or (2) in the form of donations of real property provided that the property is approved by DOT as a suitable site consistent with the basinwide wetlands restoration plan.

Requires DOT to provide an itemized statement that accounts for each payment into the Fund, including the expenses and activities financed by the payment. 

Directs DOT to annually report by November 1 of each year to the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations regarding the progress and implementation of the Division and its uses of the Fund. Details the requirements of the report. Requires a copy of the report to be sent to the Fiscal Research Division. 

Directs DOT to maintain an inventory of all property that is held, managed, maintained, enhanced, restored, or used to create wetlands under the Division. Further requires the inventory to list all conservation easements held by DOT. Directs the inventory to be included in DOT's annual report.

Closes the Ecosystem Restoration Fund within DEQ and directs the remaining balance to be transferred to the Fund within DOT.

Repeals GS 143-214.8 through GS 143-214.13, concerning the Division of Mitigation Services.

Provides that all of the above provisions are effective August 1, 2017.

Directs DEQ and DOT to take all necessary steps under federal law to implement the provisions of this act.

Directs DOT to inventory all existing mitigation credits held by the State. Directs DOT to develop a plan for the disposal of mitigation credits determined by DOT to be unneeded. Directs DOT to report the inventory and the plan required by this provision to the Joint Legislative Oversight Committee no later than December 1, 2017.

Permits DOT to adopt temporary rules to implement the provisions of this act, which will remain in effect until permanent rules that replace the temporary rules become effective. 

As title indicates.

Refers to the act as the "North Carolina Equal Pay Act."

Enacts new GS 95-25.6A (Discrimination in payment of wages on the basis of gender of employee prohibited). Defines comparable work and working conditions.

Prohibits discrimination on the basis of gender in the payment of salary or wages, including benefits, or payment of salary or wage rates less than the rates paid to employees of a different gender for comparable work. Provides that variations in salary and wages are not prohibited if the variations are based on six listed things, including seniority, merit, and geographic location. Provides that an employer in violation of this statute may not reduce the pay of any employee to comply with this statute.

Prohibits employers from (1) requiring employees to refrain from inquiring about, discussing, or disclosing wages; (2) screening job applicants based on their wage histories; (3) seeking the salary history of prospective employees from current or former employers; or (4) discharging employees for opposing acts made unlawful by this statute, complaining or causing a proceeding under this statute, testifying or otherwise participating in an investigation or proceeding under this statute, or disclosing wage information.

Provides that employers violating this statute are liable to affected employees in the amount of the employees' unpaid salary or wages, including benefits and reasonable attorneys fees at the court's discretion. Provides a three-year statute of limitations for actions arising from a violation, and includes each separate wage payment in violation of this statute as a violation for purposes of the statute of limitations.

Requires employers to post notice in their workplaces of employees' rights under this statute.

Effective January 1, 2018.

Amends GS 40A-3 to give the specified organizations the power of eminent domain for public use (was, public use or benefit) purposes. Allows corporations, bodies politic, or persons with the power of eminent domain to construct specified structures; amends those structures by removing the construction of telegraphs and telephones and instead allows the exercise of eminent domain to construction of communication facilities and facilities related to the distribution of natural gas. No longer limits the use of eminent domain to the construction of pipelines or mains to those originating in the state and limits construction of pipelines or mains transporting gas to those transporting natural gas. Makes clarifying changes.

Amends GS 40-3 to limit a city or county governing board's, and political entities', power of eminent domain to when it is exercised for public use (was, public use or benefit). Adds that for the public use, private condemnors, local public condemnors, and other listed public condemnors must possess the power of eminent domain and may acquire any property for the connection of any customer or customers by purchase, gift, or condemnation.

Repeals Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, as the title indicates. Makes conforming changes to GS 130A-22 by removing related penalty provisions. Repeals Section 13.10(c) of SL 2010-31 (requiring in part that the Division of Waste Management and the Division of Environmental Assistance and Outreach monitor plastic bag use reduction resulting from Part 2G and report on the ban’s impacts to the Environmental Review Commission on or before January 15, 2012). Effective July 1, 2017.

Includes a severability clause.

Amends GS 115C-301 to set the maximum average class size in a local school administrative unit for kindergarten through third grade to be one teacher per 21 students. Provides that at the end of the second school month and for the remainder of the school year, no individual class in kindergarten through third grade may exceed one teacher per 24 students. Beginning with the 2018-19 school year, at the end of the second school month and for the remainder of the school year, no individual class in kindergarten through third grade may exceed one teacher per 23 students. Amends the requirements for the annual report, due on the second month of the school year, by the local board of education, to require a single report based on the information from the principals of each school in the local administrative unit. Requires school boards to make an additional report, on the same information as is required in the annual February 1 report, annually on November 1. Directs the Department of Public Instruction to conduct periodic audits of the information in these reports. Authorizes the State Board of Education to impose a penalty on local boards of education that exceed class size requirements without application for an allotment adjustment or a waiver of the requirements.

Directs local boards of education to provide teachers whose class size does not meet the requirements above after the first 60 days of the school year with a nonrecurring supplement for each month in which the class size exceeds the individual class size maximum for more than four school days, proportional to the number of students that exceed the class size limits as specified, to be paid from local funds.

Provides that when the State Board of Education notifies a local board of education that a reported class size exception does not qualify for an allotment adjustment or a waiver, the local board of education must correct the exception within 30 days. Directs the Department of Public Instruction to request an updated class size report from the local board or education within 60 days of notification by the State Board of Education. If the local board of education continues to exceed class size requirements, the State Board may impose the penalty in this statute until class size requirements are met.

Applies beginning with the 2017-18 school year.

Enacts new Article 66B, Health Insurance Claims Transparency, in GS Chapter 58. Makes the Article applicable to a governmental entity (defined as any State department, institution, agency, or any political subdivision of the State) that enters into a contract with a health insurance issuer (issuer) that results in the health insurance issuer delivering, issuing for delivery, or renewing a group health plan. Requires that health insurance issuers treat such a governmental entity as a plan sponsor or administrator. Specifies that a report of claim information provided to a governmental entity is confidential and not public record.

Requires the issuer to provide a request report no later than the thirtieth calendar day after the date a health insurance issuer receives a written request for a written report of claim information from a plan, plan sponsor, or plan administrator. Specifies that the issuer is not obligated to provide a report regarding a particular employer or group health plan more than twice in 12 months. Specifies the ways in which the report of claim information may be transmitted. Requires a report of claim information include all information available to the issuer that is responsive to the request. Specifies requirements that the report of claim must meet.

Prohibits an issuer from disclosing protected health information in a report of claim if disclosure if prohibited under another state or federal law that imposes more stringent privacy restrictions than those imposed under federal law under the Health Insurance Portability and Accountability Act of 1996. Specifies what action the issuer must take when withholding information. Entitles a plan sponsor to protected information only after an authorized representative of the sponsor makes to the issuer a certification about safeguarding the documents, in a form similar to the one specified in the act. Specifies what information can be made in a report when the request for information is made after the date of termination of coverage. Requires a plan, plan sponsor, or administrator to request a report of claim information on or before the second anniversary of the date of the termination of coverage under a group health plan issued by the issuer.

Sets out the process under wihich a plan, plan sponsor, or administrator may request information in addition to what is included in a received report. 

Specifies that an issuer that releases information in accordance with the Article has not violated a standard of care and is not liable for civil damages or subject to criminal prosecution for that release.

Makes an issuer that does not comply with the Article subject to civil penalties under GS 58-2-70.

Applies to reports of claim information requested on or after October 1, 2017. 

Includes several whereas clauses. 

Amends GS 143-260.10, which details the components of the State Nature and Historic Preserve accepted by the General Assembly pursuant to GS 143-260.8, by updating the listed components to include all the lands and waters within the boundaries of each component, as detailed, as of April 4, 2017 (currently, as of May 6, 2014).

Amends the component concerning all the lands and waters within the boundaries of the specified units of the State Park System as of April 4, 2017, to include Bay Tree Lake State Natural Area (currently, Bay Tree Lake State Park).

Amends the component concerning all the lands and waters located within the boundaries of the specified State Historic Sites as of April 4, 2017, to include President James K. Polk (currently, James K. Polk Memorial), Historic Stagville (currently, Stagville), and Endor Iron Furnace (currently not included).

Amends the provisions concerning all lands and waters located within the boundaries of Mount Jefferson State Natural Area as of April 4, 2017, to allow the State to lease space at the communications tower site to local government in Ashe County as provided and in accordance with GS 146-29.2 (currently, notwithstanding GS 146-29.2).

Excepts the portions of the tract or parcel of property at Lumber River State Park in Robeson County, as described, from the component encompassing all State-owned land and water within boundaries of Lumber River State Park as of April 4, 2017. Further, establishes that the State can only exchange the land as described for other land for the expansion of Lumber River State Park or sell the land and use its proceeds for that purposes. Prohibits the State from otherwise selling or exchanging the described land. 

Adds a new component to the State Nature and Historic Preserve to include all lands and waters within the boundaries of Carvers Creek State Park as of April 4, 2017, with the exception of the tract or parcel of land in Cumberland County, as described. 

Makes technical changes.

Renames Subchapter XIV of Article 62 of GS Chapter 7A as Accountability and Recovery Courts (currently, Drug Treatment Courts). Renames Article 62 of GS Chapter 7A, Judicially Managed Accountability and Recovery Court Act (currently, North Carolina Drug Treatment Court Act). Amends GS 7A-790 to make conforming change, establishing that Article 62 is to be known and cited as the Judicially Managed Accountability and Recovery Act of 2017. 

Adds to the purposes of Article 62, set out in GS 7A-791, the need for judicial programs that will reduce the incidence of offenses, delinquent acts, and child abuse and neglect where mental, behavioral, or medical health is a significant factor in commission of the offense or act. Further, provides that it is the intent of the General Assembly to create a program to facilitate the creation and operation of judicially managed accountability and recovery courts (previously, the creation and operation of local drug treatment court programs and driving while impaired treatment court programs). Replaces references to drug abuse with substance abuse. 

Makes conforming changes throughout Article 62 to refer to judicially managed accountability and recovery courts and remove all references to drug treatment courts.

Amends GS 7A-792, setting forth five goals of the judicially managed accountability and recovery courts, to add to and amend the existing goals. Amends the first goal to now provide the goal to reduce alcoholism and other substance abuse and dependencies (previously, and other drug dependencies) among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect, or both. Amends the third goal to now provide the goal to reduce the alcohol-related and other substance-related (previously, drug-related) court workload. Amends the last goal to now provide the goal to promote effective interaction, collaboration, coordination, and use of resources (previously to promote effective interaction and use of resources) among criminal and juvenile justice personnel, child protective services personnel, and community agencies. Adds a new goal reducing the mental, behavioral, or medical health-related court workload.

Amends GS 7A-793, providing that the NC Judicially Managed Accountability and Recovery Court Program is established in the Administrative Office of the Courts (AOC) to facilitate the creation, administration, and funding of local judicially managed accountability and recovery courts (previously, did not specify administration). Provides that local judicially managed accountability and recovery courts established and funded pursuant to Article 62 can consist of programs approved by the AOC. 

Deletes the existing provisions of GS 7A-794 to now direct the AOC to administer funding relating to the NC Judicially Managed Accountability and Recovery Court Program (Program).

Amends GS 7A-795 to make conforming changes to the provisions pertaining to the Advisory Committee of the Program. Adds new provision to direct the Advisory Committee to provide minimum standards of judicially managed accountability and recovery courts in developing guidelines for the program for recommendation to the Director of the AOC (previously, directed the Advisory Committee to consider the Substance Abuse and the Courts Action Plan and other recommendations of the Substance Abuse and the Courts State Task Force).

Amends GS 7A-796, concerning the makeup of a local judicially managed accountability and recovery court committee. Establishes that the local committee consists of persons appointed by the chief district court judge and the district attorney for that district, to be chosen from the provided list (previously appointed by the senior resident superior court judge with the concurrence of the chief district court judge and the district attorney). Amends and adds to the provided list of persons that can be appointed to a local committee as specified. Directs the local committee to develop local guidelines and procedures, not inconsistent with the State guidelines and minimum standards (currently, minimum standards not specified), necessary for the operation and evaluation of the local judicially managed accountability and recovery court. Makes conforming change to direct the Director of AOC, in conjunction with the Advisory Committee, to develop criteria for eligibility, minimum standards, and other procedural and substantive guidelines for judicially managed accountability and recovery court operation. 

Amends GS 7A-799 to establish that nothing in the Article confers a right or an expectation of a right to or recovery management for (currently does not specify recovery management) a defendant or offender within the criminal or juvenile justice system or a respondent in a juvenile petition for abuse, neglect, or both. 

Makes conforming changes to GS 7A-800 and GS 7A-801, concerning the payment of costs of a treatment program and monitoring and reporting requirements. 

Amends GS 105-164.27A(a3) to authorize purchasers of boats, aircraft, and jet engines to elect to have the seller collect and remit the tax due on behalf of the purchaser. In that case, an invoice given to the purchaser bearing the proper amount of tax on a retail transaction extinguishes the purchaser's liability for the tax on the transaction. Where the seller does not separately state installation charges that are part of the sales price of tangible personal property or digital property for a boat, aircraft, or jet engine, tax is due on the total purchase price.

Amends GS 105-164.13 to exempt from retail sales and use tax the amount of repair, maintenance, and installation services for a boat, aircraft, or jet engine, for which the purchaser elects for the seller to collect and remit the tax due under GS 105-164.27A(a3).

Effective July 1, 2017, and applies to sales made on or after that date.

Includes whereas clauses.

Establishes the 14-member Joint Legislative Study Committee on Fair Redistricting (Committee) to provide guidance on specified issues to ensure that the 2020 House, Senate, and Congressional district plans are drawn fairly.  Requires the Committee to ensure that districts are drawn free from unlawful racial or partisan gerrymandering and to establish redistricting principles, recommendations, and guidance for the General Assembly. Requires the Committee to consider public input in the development of and in response to its final recommendations and to ensure that the districts drawn by the General Assembly abide by the Voting Rights Act and the United States and North Carolina Constitutions, laws, and applicable court precedents. Requires that the Committee provide the General Assembly with principles and guidance formulated from the study's findings for the 2020 redistricting process. Requires that the Committee study: (1) strategies for inviting, facilitating, and documenting public input into the redistricting process; (2) methods for map drawing that result in fair and equitable districts that exclude partisan data, the addresses of current lawmakers, the party affiliation or voting history of voters, and other data and micro‑targeting designed to favor a particular party or politician; (3) tools used by state and federal courts to assess district maps for compliance with the Voting Rights Act and the United States and North Carolina Constitutions, laws, and applicable court precedents; and (4) models used by other jurisdictions for reducing partisan and racial gerrymandering that include the permanent residency of incarcerated persons in the redistricting process.

Sets out additional requirements for Committee membership, powers, and staffing.

Requires the Committee to submit a final report by June 15, 2018, and requires a majority and minority party report if the majority of the Committee cannot agree. Terminates the Committee upon the earlier of the filing of the final report or June 15, 2018.

Amends GS 163-231(b) by amending one of the three conditions under which absentee ballots that are received after the required hour can still be accepted, to allow the ballots to be accepted when there is no postmark but they are are received by the county board of elections no later than one day after the election by 5 pm. Requires when a ballot is received by mail one day after the election without a postmark that the county board of elections verify receipt of the ballot by stamping on the ballot the date it was received.

Enacts new Article 3A of GS Chapter 95, to be cited as the Healthy Families and Healthy Workplaces Act (HFHW Act). Denotes that state public policy in promoting the general welfare of the people of North Carolina requires the enactment of new Article 3A under the police power of the state.

Provides definitions for the following terms as used in the HFHW Act: (1) child, (2) domestic violence, (3) employee, (4) employ, (5) employer, (6) federal act, (7) health care provider, (8) immediate family member, (9) parent, (10) paid sick time or paid sick days, (11) sexual assault, (12) stalking, and (13) small business.

Provides that the proposed HFHW Act does not apply to (1) bona fide volunteers in an organization where an employer-employee relationship does not exist or (2) any person who is exempt from the Wage and Hour Act under GS 95-25.14(a)(2) through (8), GS 95-25.14(b), GS 95-25.14 (b1), GS 95-25.14(c), and GS 95-25.14(e). Makes an exception regarding domestic workers, providing that they are exempt only if they are employed in the place of residence of their employer.

Provides that paid sick time begins to accrue at the start of employment at a rate of one hour of paid sick time for every 30 hours worked. Provides additional guidelines regarding discretionary advancement of sick time by the employer, limits on the amount of paid sick time accrued, and the accrual of paid sick time when there is a separation of employment followed by a rehiring by the same employer. Provides that with the exception of the specified exemptions to the proposed HFHW Act, any employee who works in North Carolina and who must be absent from work for the reasons delineated in proposed new GS 95-31.5(a) is entitled to paid sick time.  

Directs that paid sick time is to be provided by an employer to an employee who meets any of the following reasons listed in proposed new GS 95-31.5: (1) to care for a member of the employee's immediate family suffering from health issues or to care for the employee's own health, unless the care is covered under federal law or (2) to allow an employee to address the psychological, physical, or legal effects on himself or herself or an immediate family member of domestic violence, sexual assault, or stalking. Permits the employer to require certification of the qualifying health issue or event when a paid sick time period covers more than three consecutive work days. Provides guidelines for determining what may be deemed acceptable certification. Provides that an employer may not require certification from a health care provider that is employed by the employer. Prohibits an employer from requiring the disclosure of details relating to domestic violence, sexual assault, stalking, or an employee's medical condition as a condition of providing paid sick time to an employee. Directs an employer to treat as confidential any information that the employer acquires about the employee or the employee's immediate family regarding domestic violence, sexual assault, stalking, or health conditions. Prohibits the employer from requiring an employee to secure a replacement worker as a condition of providing sick time under the proposed HFHW Act. Directs the employee to make a good faith effort, when the use of sick time is foreseeable, to provide the employer with advance notice. States that this act provides minimum requirements regarding paid sick time and should not be construed to limit, preempt, or otherwise affect other applicability of law, regulation, or policy that extends additional or greater protections to employees, nor should this proposed act be construed to discourage employers from adopting more generous paid sick time policies. Provides that employers already offering a paid sick time policy do not have to modify that policy providing that the paid sick time policy currently in place offers an employee, at his or her discretion, the option to take paid sick time that is equivalent to the amount and for the same purposes offered under the proposed HFHW Act.

Requires employers to provide notice to employees, in Spanish and English, of their entitlement to paid sick time as well as other related information. Notice may be provided by supplying each employee with a notice in Spanish and English or by conspicuously displaying a poster in the place of employment in both languages. Prohibits employers from retaliating against employees who request or use paid sick time. Provides that an employee has a right to file a complaint with the Commissioner of Labor (Commissioner) or in the General Court of Justice if an employer (1) denies an employee paid sick time or (2) retaliates against an employee for requesting or taking paid sick time.

Authorizes the Commissioner to enforce and administer the provisions of the proposed HFHW Act. Provides criteria regarding employer's liability for a violation under the proposed HFHW Act, including provisions for the potential awarding of liquidated damages for a violation of the act. Directs that actions under the proposed HFHW Act must be brought within two years pursuant to GS 1-53. Also provides that the rights and remedies created under the HFHW Act are supplementary to all existing common law and statutory rights and remedies. Directs the Commissioner to adopt rules to implement the proposed act. Provides that the provisions of the proposed act are severable.

Makes conforming changes to GS 95-241(a).

Contains a number of whereas clauses.

Effective July 1, 2017, and applies only to covered employment on or after that date and does not apply to any collective bargaining agreement entered into before July 1, 2015, still in effect on that date.

Amends GS 15A-502. Directs a court to order a person charged for an offense for which fingerprints are required, but not arrested for that offense, to submit to fingerprinting by the Sheriff or other appropriate law enforcement agency at the earliest practical opportunity. Directs the sheriff to report a failure to appear for fingerprinting as ordered, and authorizes the court to initiate criminal contempt proceedings against the person.

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

Enacts GS 115C-218.106 to mandate, for each student enrolled in a charter school, the board of county commissioners of the county in which the local administrative unit is located where the student resides must appropriate to that charter school an amount equal to the per pupil appropriation from the county to the local school administrative unit(s) for local current expenses. Directs the total membership of the charter school of students residing in the county for the budget year to be determined and certified to the charter school and the board of county commissioners by the State Board of Education by October 1 of each school year. Provides that the amount of the per pupil appropriation that consists of revenue derived from supplemental taxes is only to be provided to a charter school located in the tax district for which the taxes are levied and in which the student resides. Directs funds to be transferred from the board of county commissioners to a charter school at the same time that funds are transferred to the local school administrative unit or units. 

Amends GS 115C-218.105 to eliminate all provisions pertaining to local funds for a charter school. Makes conforming change to repeal GS 115C-448(d).

Amends GS 153A-149(b) to provide that each county can levy property taxes without restriction as to the rate or amount for the purpose of providing the county's share of the cost of kindergarten, elementary, and secondary public schools, which includes charter schools chartered under Article 14A of GS Chapter 115C (currently, does not specify charter schools are included), and post-secondary public education.

Amends statutory references in Section 8.35(e) of SL 2014-100, to now require the State Board of Education to provide State funding to a virtual charter school participating in the virtual charter school pilot program as provided in GS 115C-218.105, and to provide the amount of local funds provided to participating charter schools pursuant to GS 115C-218.106 is to be the lesser of $790 per pupil or the amount computed in accordance with GS 115C-218.106.

Applies beginning with county budget ordinances adopted on or after the date the act becomes law. 

Directs the General Statutes Commission to recommend to the 2018 session of the 2017 General Assembly and to the 2019 Regular Session of the General Assembly any statutory changes and drafting policies needed to make the General Statutes and administrative rules refer to a person with a disability as a person first, distinguishing instances where a word or phrase is required by federal law or regulation, describes a medical diagnosis, or refers to nonliving entities.

Identical to H 507, filed 3/28/17.

Amends GS 143-755 (concerning choice between versions of changing state agency rules and ordinances for permit applicants) to clarify that the rule or ordinance changes discussed in that statute include amendments to zoning maps or text of applicable land development regulations, or changes to state agency regulations affecting the development of property. Provides that the applicant does not have to wait for a pending rule or ordinance to be adopted in order to choose which version of the rule or ordinance applies to the permit. Clarifies that definitions in GS 160A-400.21 (concerning development agreements with local governments) apply to this statute for development permits issued by local governments. Provides for persons aggrieved by the failure of a State agency or local government to comply with this statute or GS 160A-360.1 or GS 153A-320.1 to apply with a court for an order compelling compliance. Entitles an applicant to demonstrated damages.

Amends GS 160A-360.1 (concerning choice between versions of changing city rules and ordinances for permit applicants) and GS 153A-320.1 (concerning the same subject with counties) to apply GS 143-755 specifically to development permit applications, and to clarify that amendments to zoning maps and applicable land development regulations are included in the cities' rule and ordinance changes discussed in that statute.

Amends GS 160A-400.21 to include site plans in the definition of development permit.

Amends GS 160A-385 to clarify that amendments, modifications, or repeals of zoning maps or texts are included in the amendments modifications or repeals that may be the subject of citizen comments. Directs the clerk to provide the names and addresses of individuals providing written comments to the city council for any changes that are the subject of a quasi-judicial proceeding (currently only required for specified quasi-judicial proceedings).

Further amends GS 160A-385 (cities), and amends GS 153A-344 (counties), to provide that amendments to land development regulations are not applicable or enforceable without the written consent of the owner with regard to uses of buildings or land, or subdivisions of land, for which a development permit has been issued under this Chapter that authorizes the use or subdivision of land, or for which a building permit has been issued under GS Chapters 160A or 153A, or if a vested right has been established pursuant to GS 160A-385, GS Chapter 160A, Article 19, Part 3D, GS 153A-344.1, or GS Chapter 153A, Article 18, Part 3A. Provides for the expiration of local development permits in one year unless work has substantially commenced. Provides for vesting of rights under multiple statutes, as well as common law. Provides that vested rights preclude actions by a city or county that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in the application, except where a subsequent change in the law has a fundamental and retroactive effect on the development or use. Provides that amendments in land development regulations (currently, specified land development regulations) are not applicable or enforceable without the written consent of the owner of a multi-phased development, and provides that multi-phased developments are vested for the entire development with the land development regulations in place when the applicable application for a development permit is submitted, so long as the permit remains valid and unexpired. Transfers the definitions of multi-phase development from GS 160A-385.1 and GS 153A-344.1 to these statutes, and amends the definition to include developments containing 25 acres or more (currently, 100 acres or more), in addition to the other requirements.

Amends GS 160A-384 (cities) and GS 153A-343 (counties) to provide that zoning map amendments may not be initiated or enforced without the written consent of all property owners whose property is the subject of the zoning map amendment, unless the amendment was initiated by the city or county respectively. Deletes the provision authorizing notice in accordance with GS 1A-1, Rule 4(j) and (j1).

Enacts new GS 160A-393.1 (Civil action for declaratory relief, injunctive relief, or other remedies). Provides for landowners, permit applicants, or tenants aggrieved by final and binding decisions of administrative officials involving application or enforcement of an ordinance regulating land use or development to file an action in superior court for relief, where the aggrieved party makes any of a list of specified claims or defenses, so long as the party has not already presented the claims or defenses to the board of adjustment. Provides for the burden of proof, statute of limitations, and required notice to the owners of land parcels abutting the parcel that is the subject of the complaint.

Amends GS 160A-364.1 to authorize parties in any action involving the enforcement of a zoning or unified development ordinance to raise a claim or defense of the invalidity of the ordinance in the action (currently only authorizes a defense), and to make conforming changes.

Amends GS 160A-393, regarding writ of certiorari appeals of decision-making board quasi-judicial permit decisions to superior court, to direct the court to allow the record to be supplemented (currently, at the court's discretion) when the petition raises any of the currently listed issues (currently, when the record is inadequate to determine the issues). Applies the North Carolina Rules of Civil Procedure to the supplementation of the record. Revises the scope of review of the decision-making board, and the evidentiary standards. Authorizes the petitioner to assert that the ordinance violates either the federal or state Constitution, that the ordinance is in excess of authority, or that it violates the vested rights of the petitioner, but requires the petitioner to have made the claim known to the decision-making board at the hearing in order to raise it to the court. Directs the Court to remand, upon determination that a permit was wrongfully denied because the denial was not based on substantial competent evidence, with instructions that the permit be issued subject to any conditions expressly consented to by the permit applicant as part of the application or during the board of adjustment appeal or writ of certiorari appeal. Directs the court to reverse a zoning board's decision, upon determination that the decision upholding a zoning enforcement action was not supported by substantial competent evidence or was otherwise based on error of law. Makes technical and conforming changes.

Enacts new GS 160A-393.2 (No estoppel effect when challenging unlawful conditions). Provides that a city or county may not assert estoppel, waiver, release, acceptance, or other similar grounds, before a board of adjustment or in any civil action, as a result of actions by the landowner or permit applicant to proceed with development authorized by a rezoning or a development permit while the landowner or permit applicant challenges conditions imposed on the development.

Amends GS 6-21.7 (Attorneys' fees; cities or counties acting outside the scope of their authority) to provide that the attorneys' fees in that statute shall be (currently, may be) awarded when the court finds that the city or county violated a statute or case law setting forth unambiguous limits on its authority. Directs the court to award reasonable attorneys' fees and costs to a party that successfully challenged a local government's failure to comply with GS 160A-360.1, GS 153A-320.1, or GS 143-755. Authorizes the court to award reasonable attorney's fees in all other matters, at its discretion.

Amends GS 160A-372 (cities) and GS 153A-331 (counties) to authorize subdivision control ordinances to provide for performance guarantees either at the time the plat is recorded, or at a time subsequent to recording to assure successful completion of required improvements. If the city or county does not adopt an ordinance setting forth performance guarantees, the city or county is not authorized to require the successful completion of required improvements prior to a plat being recorded. Makes the term of the performance guarantee, and any extension, at the election of the developer. Authorizes the developer to reduce the amount of the performance guarantee to reflect only the remaining incomplete items.

Further amends GS 160A-372 to authorize developers to conclusively determine 125% of the reasonably estimated the cost of completion by a report provided under seal by a licensed architect or engineer, including inflation, administration, and enforcement. Authorizes the developer to submit a single form of performance guarantee for all development matters related to the same project requiring performance guarantees. Provides that no person has any rights to a performance guarantee except the local government, developer, and person or entity issuing or providing the performance guarantee.

Amends GS 160A-381 (cities) and GS 153A-340 (counties) to clarify that the current prohibition on conditions and safeguards for special use permits or conditional use permits in excess of the city or county's authority includes several listed things, including taxes and impact fees. Provides that development permits authorized under GS 160A-381(c) or GS 153A-340 (c1) may not be denied on the basis that existing public facilities are inadequate to serve the property described in the permit application.

Amends GS 153A-352 (counties) and GS 160A-412 (cities) to further prohibit counties and cities from adopting or enforcing local ordinances, resolutions, or policies requiring inspections of buildings constructed in compliance with the North Carolina Residential Code for One- and Two-Family Dwellings in addition to those required the North Carolina Building Code without approval from the Building Code Council.

Amends GS 160A-307 to provide that a city may not require an applicant to acquire right-of-way from property not owned by the applicant. Deletes the provision providing that between city and Department of Transportation regulations regarding street or alleys, the more stringent requirement applies.

The amended regulations regarding multi-phased developments are effective with respect to phased development approvals that are valid and unexpired on the effective date of this act. The remainder of the act is effective when it becomes law, and applies to permits previously issued that remain valid and unexpired on the date this act becomes law, and to permit actions filed, actions filed in court, and claims and defenses asserted on or after that date.