The Daily Bulletin: 2017-04-05

The Daily Bulletin: 2017-04-05

PUBLIC/HOUSE BILLS
H 84 (2017-2018) DL/DEAF OR HARD OF HEARING DESCRIPTION (New) Filed Feb 9 2017, AN ACT TO DIRECT THE DIVISION OF MOTOR VEHICLES TO DEVELOP A DESIGNATION FOR DRIVERS LICENSES THAT MAY BE GRANTED UPON REQUEST TO A PERSON WHO IS DEAF OR HARD OF HEARING.

House committee substitute makes the following changes to the 2nd edition.

Directs the DMV to also consult with the Division of Services for the Deaf and Hard of Hearing in developing a driver's license designation for persons who are deaf or hard of hearing. Provides that nothing in GS 20-7(q2) prohibits the issuance of a driver's license to a person otherwise eligible, and provides that any person who chooses to register or not register has not waived any protections under the law.

Amends GS 17C-6(a) and GS 17E-4(a) to authorize the NC Criminal Justice Education and Training Standards Commission and the NC Sheriff's Education and Training Standards Commission to establish minimum education and training standards for criminal justice officers concerning recognizing and interacting with persons who are deaf or hard of hearing, and concerning driver's license and vehicle registration identifiers of persons who are deaf and hard of hearing, including that those identifiers are optional.

Intro. by Insko.GS 17C, GS 17E, GS 20
H 150 (2017-2018) STANDARDS FOR CHIROPRACTIC PEER REVIEW. Filed Feb 21 2017, AN ACT REQUIRING CHIROPRACTIC PEER REVIEW OF MOTOR VEHICLE LIABILITY AND MEDICAL PAYMENT CLAIMS TO BE PERFORMED BY INDIVIDUALS LICENSED TO PRACTICE CHIROPRACTIC IN THIS STATE.

House amendment #1 makes the following changes to the 3rd edition.

Amends proposed GS 90-153.1(b), defining chiropractic peer review. Qualifies that the term means the retrospective review of the treatment records of a chiropractic patient when requested by a third-party payer (previously, did not require request by a third-party payer), performed and for the purpose as previously set out. Modifies and adds to what is not included in the term, to exclude: (1) automated screening programs, (2) reviews limited to coding and billing entries, or (3) reviews performed by a third-party payer's in-house employees or individuals hired for the purpose of providing expert testimony in or preparing for litigation of personal injury claims (previously, did not include reviews performed by a third-party payer's in-house employees for this purpose). 

Intro. by Conrad, Lambeth, Setzer.GS 90
H 228 (2017-2018) POSTPONE ASSUMED NAME REVISIONS. Filed Mar 1 2017, AN ACT TO POSTPONE THE IMPLEMENTATION OF NEW ARTICLE 14A OF CHAPTER 66 OF THE GENERAL STATUTES, WHICH REVISED THE LAW ON ASSUMED BUSINESS NAMES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

House committee substitute makes the following changes to the 1st edition. Clarifies that it is the implementation of Article 14A of GS Chapter 66 that is postponed to July 1, 2018.

Intro. by Davis.GS 66
H 239 (2017-2018) REDUCE COURT OF APPEALS TO 12 JUDGES. Filed Mar 1 2017, AN ACT TO REDUCE THE NUMBER OF JUDGES ON THE COURT OF APPEALS TO TWELVE; TO PROVIDE AN APPEAL OF RIGHT FOR TRIAL COURT DECISIONS REGARDING CLASS ACTION CERTIFICATION AND TERMINATION OF PARENTAL RIGHTS; AND TO PROVIDE FOR DISCRETIONARY REVIEW BY THE SUPREME COURT IN CASES WHERE THE SUBJECT MATTER INVOLVES THE JURISDICTION AND INTEGRITY OF THE COURT SYSTEM.

Senate committee substitute makes the following changes to the 2nd edition.

Amends the long title.

Amends GS 7A-27 to create an appeal of right directly to the Supreme Court in any order that terminates parental rights or denies a petition or motion to terminate parental rights.

Amends GS 7B-1001 to make conforming changes.

These changes are effective January 1, 2019. The remainder of the bill is effective when it becomes law.

Intro. by Burr, Lewis, Stevens.GS 7A, GS 7B
H 283 (2017-2018) DHHS RECOMMEND TELEMEDICINE POLICY (New) Filed Mar 8 2017, AN ACT TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY AND RECOMMEND A TELEMEDICINE POLICY.

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

Deletes all provisions of the 1st edition and replaces it with the following.

Directs the Department of Health and Human Services to study and recommend a telemedicine policy for consideration by the General Assembly, and to submit its findings on or before October 1, 2017, to the Joint Legislative Oversight Committee on Health and Human Services (Committee). Provides requirements for the study. Directs the Committee to consider making a recommendation, based on the findings, to the 2017 General Assembly during the 2018 regular session.

Intro. by Lambeth, Insko, Murphy, Dobson.STUDY
H 370 (2017-2018) INTERSTATE COMPACT BILL. Filed Mar 15 2017, AN ACT TO ALLOW THE COURT TO IMPOSE CUSTODIAL SANCTIONS AND OTHER CONDITIONS IN RESPONSE TO VIOLATION ON AN OUT-OF-STATE PROBATION OFFENDER; TO CLARIFY THE LANGUAGE CONCERNING HEARING PROCEDURES FOR OFFENDERS BEING SUPERVISED UNDER THE INTERSTATE COMPACT; AND TO ALLOW THE SECTION OF COMMUNITY CORRECTIONS TO IMPOSE ADDITIONAL CONDITIONS OF PROBATION SUPERVISION FOR OFFENDERS BEING SUPERVISED UNDER THE INTERSTATE COMPACT.

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

Makes technical changes to proposed GS 15A-1343.2(g1) and proposed GS 14-208.40B(d)(4).

Intro. by Stevens.GS 14, GS 15A, GS 148
H 374 (2017-2018) REGULATORY REFORM ACT OF 2018. (NEW) Filed Mar 15 2017, AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.

House committee substitute to the 1st edition makes the following change. Changes the effective date of Section 4 (pertaining to safety regulations for passenger tramways) to October 1, 2017 (was, July 1, 2017).

Intro. by McElraft, Howard, Johnson, Hurley.GS 95
H 388 (2017-2018) MODERNIZE MUTUAL ASSISTANCE STATUTES. Filed Mar 15 2017, AN ACT TO CREATE A PRESUMPTION THAT ALLOWS ONE LAW ENFORCEMENT AGENCY TO EASILY ASSIST ANOTHER LAW ENFORCEMENT AGENCY WHENEVER NECESSARY AND TO MAKE TECHNICAL CHANGES.

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

Amends GS 160A-288(b) and GS 160A-288.2(b) by amending the definition of the term law-enforcement agency to include a sheriff's office (was, sheriff's department). Makes additional clarifying changes in GS 160A-288.2(a).

Amends the act's long title.

Intro. by McNeill, Faircloth, Meyer.GS 160A
H 464 (2017-2018) REVISE SCHEDULE OF CONTROLLED SUBSTANCES. Filed Mar 23 2017, AN ACT REVISING THE SCHEDULE OF CONTROLLED SUBSTANCES TO ADD SYNTHETIC FENTANYLS, DESIGNER HALLUCINOGENICS, SYNTHETIC CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES AND MAKING CONFORMING CHANGES; AND CREATING THE TASK FORCE ON SENTENCING REFORMS FOR OPIOID DRUG CONVICTIONS.

House committee substitute makes the following changes to the 1st edition. Amends GS 90-93(a) to refer to the listed types of substances as anticonvulsants instead of as depressants.

Intro. by Horn, Murphy, Malone.GS 90
H 478 (2017-2018) REQUIRED EXPERIENCE FOR MH/DD/SA QPS. Filed Mar 23 2017, AN ACT TO ALLOW ALL YEARS OF FULL-TIME MENTAL HEALTH, DEVELOPMENTAL DISABILITY, AND SUBSTANCE ABUSE SERVICES (MH/DD/SAS) EXPERIENCE TO APPLY TO THE QUALIFICATIONS REQUIRED FOR MH/DD/SAS QUALIFIED PROFESSIONALS.

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

Refers to years of experience instead of years of service and requires that Qualifications for Qualified Professionals allow for all years of full-time MH/DD/SAS experience to qualify as years of experience rather than limited qualifying full-time MH/DD/SAS experience to only that experience obtained post-bachelor's degree or post-graduate degree (was, only post-graduate degree). Makes additional clarifying changes. Makes conforming changes to the act's long title.

Intro. by Dobson, S. Martin, K. Hall, Brisson.UNCODIFIED
H 497 (2017-2018) RETIREMENT SYSTEMS 2% COLAS/FUNDS. Filed Mar 28 2017, AN ACT TO PROVIDE TWO PERCENT COST-OF-LIVING INCREASES FOR MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, AND THE LEGISLATIVE RETIREMENT SYSTEM.

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

Amends the long title.

Deletes proposed amendments to GS 128-27 (regarding benefits under the retirement system for counties, cities, and towns).

Intro. by Jordan, Hurley, Strickland, Malone.APPROP, GS 120, GS 135
H 566 (2017-2018) PRIVATE PROTECTIVE SERVICES CHANGES. Filed Apr 4 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE PRIVATE PROTECTIVE SERVICES ACT TO CREATE CERTAIN FEES.

Amends GS 74C-3 to include persons or other entities discovering, locating, or disengaging devices intended to block the transmission of electronic signals for valuable consideration, and individuals and other entities that for valuable consideration provide security measures to ensure the safety of business executives, public officials, celebrities, or other individuals with elevated personal risk, in the definition ofprivate protective services profession.Excludes persons under contract or employed by an occupational licensing board while performing an investigation solely for that board from the definition ofprivate protective services.

Amends GS 74C-5 to further authorize the Private Protective Services Board (Board) to do four additional listed things, including adopting and publishing a code of professional conduct for licencees, registrants, certificate holders, and permit holders.

Amends GS 74C-7 to authorize the Secretary of Public Safety to investigate complaints, allegations, or suspicions of wrongdoing or violations of GS Chapter 74C involving unlicensed individuals, licensed individuals, or individuals to be licensed (currently, only individuals licensed and to be licensed). Authorizes the Secretary to enforce GS Chapter 74C and impose any authorized penalty against any individual or entity under investigation for and charged with a violation of the Chapter.

Amends GS 74C-8 to extend the time period in which a business entity has to find a replacement qualifying agent from 30 to 90 days, and authorizes the Board to extend the 90-day period for an additional 30 days upon the filing of a petition by the business entity and a hearing by the Board. Authorizes the Board to require a late fee of $100 for missing the deadline. Requires filing of a certificate of liability insurance with the Board to issue a license. Requires applicants to pay the initial license fee and make the required contribution to the Fund within 90 days of the date the applicant receives notice of pending licensure approval unless the Board extends the period by an additional 30 days upon the filing of a petition by the applicant and a hearing by the Board. Authorizes the Board to require a late fee of $100 for an applicant who misses the deadline.

Amends GS 74C-9 to cross-reference GS 74C-13 (concerning firearm registration permits for licensees) and to make conforming changes.

Amends GS 74C-10 to further require trainees supervised by licensees, carrying a firearm while engaged in private protective services activities, to obtain a liability insurance policy as specified. Authorizes a licensee to provide liability insurance coverage for a trainee under the licensee's supervision, but failure to do so does not exempt the trainee from this statute. Makes technical and conforming changes.

Amends GS 74C-12 to apply that statute to trainees, and to further authorize the Board to deny, suspend, or revoke a certification under that statute. Authorizes the Board to also take the disciplinary actions in that statute for violation of any State or federal firearms law, fraudulently holding oneself out as employed or licensed by the Department of Public Safety (was, State Bureau of Investigation), and for violations of the code of professional conduct adopted by the Board.

Amends GS 74C-13 to require proprietary employers to register individuals carrying a firearm within 30 days of employment. Directs proprietary security organizations employing an armed security guard to submit to the Board an application for license, and to renew its license every two years. Requires the firearms training program under subsection (h) to cover legal limitations on the use of, and range firing and safety procedures for, firearms (was, hand guns). Makes conforming changes.

Enacts new GS 74C-13.1. Exempts four listed classes of persons from the firearms training requirements of GS 74C-13(b), including persons who have successfully completed the North Carolina Basic Law Enforcement Training and completed the first year of probationary employment. Requires specified documentation from applicants claiming one of the exceptions. Directs the Board to deny exemptions if the applicant fails to provide documentation. Requires exempted applicants to qualify within the first three attempts on the required firearm qualification course. Failure to qualify on both courses of fire requires the applicant to undergo the entire 20-hour course of instruction. Applicants claiming an exemption must still complete the training required in GS 74C-13(h).

Amends GS 74C-17 to apply the civil penalty limit of $2,000 as a limit on each individual violation, instead of as a general limit. Authorizes the Board to charge costs, including attorneys' fees for any proceeding governed by GS Chapter 150B or authorized by this statute.

Amends GS 74C-23 to require companies, firms, or corporations licensed under this Chapter to provide the Director with notice of change of ownership within 10 days (was, 60 days) prior to the effective date of the transaction, and a list of all registrants and licensees affected by the transaction. Requires notice to the Director within 60 days from the effective date of the transaction, written confirmation of the completion of any necessary changes for the acquiring party to comply with this Chapter and applicable Board rules.

Amends GS 14-269.3, regarding weapons into assemblies and establishments serving alcoholic beverages, to provide that the statute does not apply to persons registered as a security guard, or hired by the owner, lessee, or person or organization sponsoring the event or a person employed by an entity licensed under GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event, effective December 1, 2017.

Except as otherwise provided, effective July 1, 2017.

Intro. by Hardister, Burr, Faircloth, McNeill.GS 14, GS 74C
H 568 (2017-2018) UNC/USE OF INSTITUTIONAL TRUST FUNDS. Filed Apr 5 2017, AN ACT TO PROHIBIT THE COMMUNITY COLLEGES AND THE UNIVERSITY OF NORTH CAROLINA FROM USING INSTITUTIONAL TRUST FUNDS OR INVESTMENT EARNINGS ON THOSE FUNDS FOR POLITICAL PURPOSES.

Amends GS 115D-32 (applicable to community colleges) and GS 116-36.1 (applicable to the University of North Carolina) by adding a prohibition on using trust funds and investment earnings on trust funds for any expenditures or contributions under GS Chapter 163 (Elections and Election Law). Effective July 1, 2017.

Intro. by Brody.GS 115D, GS 116
H 569 (2017-2018) PRETAX SUPPLEMENTAL BENEFITS. Filed Apr 5 2017, AN ACT TO ALLOW PRODUCTS SELECTED BY THE EMPLOYEE INSURANCE COMMITTEES TO BE OFFERED ON A PRETAX BASIS.

As title indicates.

Act is effective when it becomes law and applies to products or services as regulated herein that will be funded by payroll deductions on or after January 1, 2018.

Intro. by Dollar, Malone, Destin Hall, Corbin.GS 58
H 570 (2017-2018) K-12 ACADEMIC FREEDOM. Filed Apr 5 2017, AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A POLICY OF ACADEMIC FREEDOM.

Amends GS 115C-12 to direct the State Board of Education to adopt a policy to be implemented by local boards of education to ensure academic freedom. Lists five required elements of the policy, including the requirement that a student not be discriminated against or mocked for the student's ideological, political, religious, or nonreligious viewpoints.

Applies beginning with the 2017-18 school year.

Intro. by Speciale, Pittman, Ford, Boswell.GS 115C
H 571 (2017-2018) AUTOMATIC EXPUNCTION/WRONGFUL CONVICTION. Filed Apr 5 2017, AN ACT TO PROVIDE FOR THE AUTOMATIC EXPUNCTION OF A PERSON'S RECORD IF THE PERSON IS WRONGLY CONVICTED, INCARCERATED, AND EXONERATED.

Section 1 enacts GS 15A-149A to establish that, if any person is wrongly convicted and incarcerated, but later is discharged from prison as a result of a successful appeal, motion for appropriate relief, or writ of habeas corpus, the reviewing court that determined the person was wrongfully convicted and ordered the person be discharged from prison must also enter an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial as provided by the statute. Authorizes a person wrongly convicted and incarcerated, and discharged before December 1, 2017, to petition the reviewing court that determined the person was wrongfully convicted and ordered the person's discharge, for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. Directs the court to hold a hearing on the application and, upon finding that the person was wrongly convicted and incarcerated and later discharged, to enter the order.

Establishes that, if any person is wrongly convicted and incarcerated, but later is discharged from prison as a result of a determination under GS Chapter 15A, Article 92 (North Carolina Innocence Inquiry Commission), that the person is innocent, the three-judge panel that determined the person's innocence and entered the dismissal of the charges must also enter an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial as provided by the statute. Authorizes a person wrongly convicted and incarcerated, and discharged before December 1, 2017, to petition the three-judge panel that determined the person's innocence and entered the dismissal for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. Directs the court to hold a hearing on the application, and upon finding that the person was wrongly convicted and incarcerated and later discharged, to enter the order.

Requires the order of expunction to includean instruction that any entries relating to the person's apprehension, charge, or trial must be expunged from the records of the court and direct all law enforcement agencies, the Division of Adult Correction of the Department of Public Safety, the Division of Motor Vehicles, or any other State or local government agencies identified by the petitioner as bearing record of the same to expunge their records of the entries. Directs that the clerk notify state and local agencies of the court's order as provided in GS 15A-150 (concerning notification requirements of the clerk for expunction of records). Provides that the expunction is to be automatic and the person is not required to file a petition for the expunction. Provides that the costs of expunging the records, as required under GS 15A-150, are not to be taxed against the petitioner.

Establishes that no person as to whom an order, pursuant to GS 15A-149A, has been entered into can be held thereafter under any provisionof any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial.

Provides that any person discharged from prison prior to December 1, 2017, who may petition the court for an expunction under this statute, is entitled to services of counsel for the expunction proceeding regardless of financial status, and that any legal fee or court cost associated with the proceeding is waived. Directs a person who wants counsel to file with the clerk of court a written request for appointment of counsel. Directs the court to appoint counsel under rules adopted by the Office of Indigent Defense Services, no later than 10 days from the date of receipt of the request. Provides for reasonable compensation for private counsel appointed under this section, paid by the State.

The above provisions are effective December 1, 2017.

Section 2 appropriates $10,000 from the General Fund to the Judicial Department to be allocated to the Administrative Office of the Courts to assist with the cost of implementing this act. Effective July 1, 2017.

Intro. by Hanes, Hardister, Dobson, Quick.APPROP, GS 15A
H 572 LEGAL NOTICES/REQUIRE INTERNET PUBLICATION. Filed Apr 5 2017, AN ACT TO REQUIRE INTERNET WEB SITE PUBLICATION OF LEGAL NOTICES.

Amends GS 1-596 (Charges for legal advertising), providing that when a government notice is required to be published more than once and is paid for by the government entity, but not paid in advance by or recouped from private parties, then the governmental entity cannot be charged for the second and successive insertions of that notice at a rate greater than 85 percent of the original rate.

Amends GS 1-597 (Regulations for newspaper publication of legal notices, advertisements, etc.), establishing rules and requirements for electronic and internet publication of legal notices or other documents or papers that are required by NC law to be published in a newspaper including, but not limited to, that each notice must be placed on the newspaper's website, at no additional charge, on the same day that the notice appears in the newspaper, and that if a legal notice is published in the newspaper but cannot be published on the newspaper's website, the publishing newspaper will place the notice on the statewide internet website, established and maintained by the NC Press Association as a repository for such notices. A free hyperlink to legal notices must be provided on the front page of the NC Press Association Web site. Includes provisions for free email notifications and concerning errors in notices posted online.

Makes technical changes.

Effective October 1, 2017, and applies to notices that must be published on or after that date, except that it does not apply to notices permitted to be published on a government website in lieu of newspaper publication pursuant to an ordinance enacted before that date.

Intro. by Ross, Davis, Goodman, Malone.GS 1
H 573 (2017-2018) BUSINESS/REGULATORY CHANGES. (NEW) Filed Apr 5 2017, AN ACT TO MAKE BUSINESS AND REGULATORY CHANGES TO VARIOUS STATE LAWS.

Enacts new GS 160A-439.1 declaring a building or structure under Part 5 (building inspection) or a dwelling under Part 6 (minimum housing standards) of this Article as a nuisance per se and allows a city to petition the superior court for the appointment of a receiver to rehabilitate, demolish, or sell the vacant building, structure, or dwelling if the owner fails to comply with an order: (1) issued pursuant to GS 160A‑429 (order to take corrective action) from which no appeal has been taken; (2) of the city council issued pursuant to GS 160A‑429 following an appeal; or (3) to repair, alter, improve, remove, or demolish a structure issued under GS 160A‑443 (ordinance authorized as to repair, closing, and demolition; order of public officer). Specifies what must be included in a petition for the appointment of a receiver. 

Requires the city, within 10 days after filing the petition, to give notice of the pendency and nature of the proceeding by regular and certified mail to the last known address of all judgment creditors and lienholders with a recorded interest in the property. Allows a judgment creditor or lienholder, within 30 days of the date on which the notice was mailed, to apply to intervene in the proceeding and to be appointed as receiver. If the city fails to give required notice, the proceeding may continue, but the receiver's lien for expenses incurred in rehabilitating, demolishing, or selling the vacant building, structure, or dwelling will not have priority over the lien of that judgment creditor or lienholder.

Requires the court to appoint a receiver if the above provisions are satisfied, but allows to the court instead to allow an owner, mortgagee, or other person with an interest in the property to rehabilitate or demolish the property if that person meets three specified requirements. If that person is proceeding with due diligence or in compliance with the court-ordered schedule, the court may apply for immediate revocation of that person's appointment and for the appointment of a receiver. 

Provides that upon the appointment of a receiver, all other parties are divested of any authority to rehabilitate, demolish, or sell the building, structure, or dwelling subject to the receivership. Any party other than the appointed receiver who actively attempts to rehabilitate, demolish, or sell the property may be held in contempt of court.

Gives a receiver the right of possession with authority to: (1) contract for necessary labor and supplies for rehabilitation or demolition; (2) borrow money for rehabilitation or demolition from an approved lending institution or through a governmental agency or program, using the receiver's lien against the property as security; (3) manage the property after rehabilitation, with all the powers of a landlord, for a period of up to two years and apply the rent received to current operating expenses and repayment of outstanding rehabilitation expenses; and (4) foreclose on the receiver's lien or accept a deed in lieu of foreclosure.

Gives a receiver the authority to sell the property under specified procedures. Requires that after deducting the expenses of the sale, the amount of outstanding taxes and other government assessments, and the amount of the receiver's lien, the receiver must apply any remaining proceeds of the sale first to the city's costs and expenses and then to the liens against the property in order of priority, with any remaining proceeds remitted to the property owner.

Sets out the procedure under which a receiver may foreclose on the lien.

Requires the receiver, after the court's ratification of the sale of the property, to sign a deed conveying title to the property to the buyer, free and clear of all encumbrances. Limits the tenure of a receiver to no longer than two years after the rehabilitation, demolition, or sale of the property. Allows any party to the receivership, any time after the rehabilitation, demolition, or sale of the property, to file a motion to dismiss the receiver upon the payment of the receiver's outstanding costs, fees, and expenses. 

Allows the city to charge the owner of the building, structure, or dwelling subject to the receivership the lesser of an administrative fee of 5% of the profits from the sale of the building, structure, or dwelling or $100.

Applicable only to cities with a population of 30,000 or more as of July 2013, according to the annual estimate of the Office of State Budget and Management, and with a majority of the corporate boundaries in a county with a Tier 1 or Tier 2 annual ranking as designated by the Department of Commerce under GS 143B‑437.08.

Effective October 1, 2017, and applies to any nuisance per se described in new GS 160A‑439.1 that occurs on or after that date.

Intro. by Faircloth, Ross, Blust, Brockman.GS 160A
H 574 (2017-2018) WIND ENERGY/CONSISTENCY WITH MILITARY. Filed Apr 5 2017, AN ACT TO BETTER ENSURE COMPATIBILITY OF WIND ENERGY FACILITIES WITH MILITARY OPERATIONS AND READINESS.

Amends GS 143-215.116 to delete the provision requiring a permit to operate wind energy facilities. Retains the permit requirements for construction or expansion of wind energy facilities.

Amends GS 143-215.117 and GS 143-215.118. Requires an applicant to request a preapplication site evaluation meeting and a scoping meeting between the applicant, the Department of Environmental Quality (DEQ), and the Department of Military and Veterans Affairs (DMVA) (currently, just the applicant and DEQ). Adds DMVA to the list of parties to whom DEQ must give notice of and invitation to the meeting.

Amends GS 143-215.119. Deletes the requirement that an application include (1) a copy of a deed or other legal instrument demonstrating the right to develop a wind energy facility on the property, (2) identification of adjacent property owners, (3) a study of noise impacts, and (4) a study of shadow flicker impacts. Retains all other application requirements. Replaces the requirement that DEQ notify commanding military officers of military installations outside the state of receipt of a complete permit application with a requirement to notify DMVA of the same. Adds DMVA to the list of parties to whom DEQ must give notice of a public hearing on the application. Makes conforming changes.

Enacts new GS 143-215.119A (Letter to proceed determination by DMVA). Requires an applicant to obtain a letter to proceed from DMVA prior to receiving a permit. Directs DMVA to issue a letter only after finding that the proposed wind energy facility would not cause significant adverse impacts, as defined, on air navigation routes, air traffic control areas, military training routes, or radar installations (currently, a similar determination is made by DEQ under GS 143-215.120). Directs DMVA to make its determination within 60 days of the public hearing required under GS 143-215.119(e). Directs DEQ to treat a failure by DMVA to issue a letter to proceed as confirmation that the proposed wind energy facility would not cause significant adverse impacts. Directs DMVA to issue a letter of concern upon a finding that the proposed wind energy facility would cause significant adverse impacts. Directs DMVA to engage with the applicant, any relevant commanding military officer, and the Department of Defense Clearninghouse designee for relevant military installations to address the issues identified in the letter of concern. Failure to resolve concerns functions as a denial of the letter to proceed, and may be challenged as provided in GS Chapter 150B.

Amends GS 143-215.120. Deletes the provision requiring DEQ to withhold a permit on determination that construction would have a significant adverse impact on views from any State or national park, wilderness area, significant natural heritage area, or other public lands or private conservation lands, or would be denied under criteria in GS 113A-120. Deletes the provision authorizing DEQ to delay issuance of an application to wait for a written "Determination of No Hazard to Air Navigation" by the Federal Aviation Administration. Provides that failure of DEQ to act within the time period set forth for permit decisions acts as a grant of the permit. Provides that obtaining other applicable permits, licenses, or approvals is not a requirement for the consideration and grant of a permit under this statute. Makes conforming changes.

Repeals GS 143-215.121 (Financial assurance requirements).

Amends GS 143-215.123 to require the annual review under that statute be conducted by DMVA (currently, DEQ). Provides that information obtained in the annual review may be used to determine the impact of wind energy facilities that have not previously received a permit from DMVA or a letter to proceed from DMVA.

Applies only to wind energy facilities for which no "Determination of No Hazard to Air Navigation" has been issued by the Federal Aviation Administration on or before the date this bill becomes law.

Intro. by Grange, Szoka, Watford.GS 143
H 575 (2017-2018) REQUIRE INFO. ABOUT ABORTION PILL REVERSAL. Filed Apr 5 2017, AN ACT DIRECTING THAT PHYSICIANS WHO PERFORM DRUG-INDUCED ABORTIONS OFFER PATIENTS CERTAIN WRITTEN INFORMATION FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ABOUT THE POSSIBILITY OF REVERSING THE EFFECTS OF A DRUG-INDUCED ABORTION AFTER THE FIRST DOSE OF MEDICATION IS ADMINISTERED AND REQUIRING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DISTRIBUTE CERTAIN WRITTEN MATERIALS TO EVERY PHYSICIAN WHO PERFORMS DRUG-INDUCED ABORTIONS.

Amends GS 90-21.83(a), setting forth printed materials the Department of Health and Human Services (DHHS) is required to publish on the website created pursuant to GS 90-21.84. Adds new subdivision (3) to require the inclusion of materials designed to inform the woman about the possibility of reversing a drug-induced abortion to be published. Sets out the required format of the materials, and provides a statement that must be included with the materials. Adds new subsection (e) to require DHHS to cause to be available on the homepage of the website for the Women's Right to Know Act the information described in subsection (a), new subdivision (3). Makes conforming changes to subsection (b), which sets out format requirements for the materials required under subsection (a). Makes clarifying change to subsection (c) to require DHHS to make the materials required under subsection (a) available at no cost from DHHS upon request and in appropriate numbers to any physician, person, health facility, hospital, or qualified professional. Deletes the deadline set out in subsection (a).

Amends GS 90-21.82 (Informed consent to abortion). Current law prohibits an abortion from being performed upon a woman in North Carolina without her voluntary and informed consent. Current law also delineates several conditions that must be satisfied to constitute voluntary and informed consent, except in the case of a medical emergency. Adds new condition requiring any physician who prescribes, dispenses, or otherwise provides any drug or chemical for the purpose of inducing an abortion to, immediately after administering the first drug or chemical for the purpose of inducing an abortion, offer the patient the written information made available by DHHS pursuant to GS 90-21.83(a)(3), enacted above. Amends the third condition that must be satisfied, to require the woman, in the case of a drug-induced abortion, to certify in writing immediately after the administration of the first drug or chemical, that the information described in GS 90-21.83(a)(3) has been furnished to her and that she has had the opportunity to review the information referred to in subdivision (2)e of the statute. 

Directs DHHS, within 90 days of the effective date of the act, to (1) publish on the homepage of the website for the Woman's Right to Know Act the information described in GS 90‑21.83(a)(3), as amended by this act and (2) make available at no cost from DHHS upon request, and in appropriate numbers to any physician, the printed materials described in subdivision (a)(3) of GS 90‑21.83, as amended by this act.

Includes a severability clause. 

Except as otherwise provided, effective October 1, 2017.

Intro. by McElraft, Hurley, R. Turner, Presnell.GS 90
H 576 (2017-2018) ALLOW AEROSOLIZATION OF LEACHATE. Filed Apr 5 2017, AN ACT TO (1) REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO APPROVE AEROSOLIZATION OF LEACHATE AND WASTEWATER FROM A LINED SANITARY LANDFILL FOR THE DISPOSAL OF MUNICIPAL SOLID WASTE LANDFILL, IN CERTAIN CIRCUMSTANCES; (2) ALLOW THE DEPARTMENT TO APPROVE AEROSOLIZATION OF LEACHATE FROM UNLINED LANDFILLS; AND (3) PROVIDE THAT AEROSOLIZATION OF LEACHATE OR WASTEWATER THAT RESULTS IN A ZERO‑LIQUID DISCHARGE AND IS NOT A SIGNIFICANT AIR CONTAMINATION SOURCE DOES NOT CONSTITUTE A SOURCE THAT REQUIRES CERTAIN PERMITS.

Amends GS 130A-294 (Solid waste management program) to direct the Department of Environmental Quality, for the purpose of the disposal of leachate and wastewater collected from a sanitary landfill, to approve aerosolization of such leachate and wastewater as an acceptable method of disposal. Provides that aerosolization of leachate or wastewater that results in effluent-free production or a zero-liquid discharge does not constitute a discharge that requires a permit under GS Chapter 143, Article 21 or 21B.

Intro. by Dixon.GS 130A
H 577 (2017-2018) LSC CRIM. CHECK/FELONIOUS GAMING MACHINES (NEW). Filed Apr 5 2017, AN ACT AUTHORIZING CRIMINAL RECORD CHECKS OF ANY CURRENT OR PROSPECTIVE EMPLOYEES, VOLUNTEERS, OR CONTRACTORS OF THE LEGISLATIVE SERVICES COMMISSION AND TO CLARIFY FELONIOUS POSSESSION OF ELECTRONIC SWEEPSTAKES MACHINES OR DEVICES.

Amends GS 120-32 to authorize the Legislative Services Commission to obtain a criminal history check of any current or prospective employee, volunteer, or contractor who is under the supervision and control of the Legislative Services Officer.

Enacts new GS 143B-967 (Criminal record checks for the Legislative Services Commission). Authorizes the Department of Public Safety to provide the Legislative Services Officer with the criminal history of any current or prospective employee, volunteer, or contractor of the Legislative Services Commission. Lists information required for the check, and directs the Legislative Services Officer to keep all information obtained under this statute confidential. Authorizes the Department of Public Safety to charge a fee to offset the cost of the criminal record check.

Effective October 1, 2017.

Intro. by Lewis.GS 120, GS 143B
H 578 (2017-2018) REVISIONS TO OUTDOOR ADVERTISING LAWS. Filed Apr 5 2017, AN ACT TO INCREASE SELECTIVE VEGETATION REMOVAL PERMIT FEES AND TO CLARIFY STANDARDS FOR SELECTIVE VEGETATION REMOVAL.

To be summarized.

Intro. by Lewis, Saine, Goodman, Hanes.GS 136
H 579 (2017-2018) REVISIONS TO OUTDOOR ADVERTISING LAWS. Filed Apr 5 2017, AN ACT TO CLARIFY THE STANDARDS FOR DETERMINING JUST COMPENSATION FOR THE REMOVAL OF OFF-PREMISES OUTDOOR ADVERTISING.

To be summarized. 

Intro. by Lewis, Saine, Goodman, Hanes.GS 136, GS 153A, GS 160A
H 580 (2017-2018) REVISIONS TO OUTDOOR ADVERTISING LAWS. Filed Apr 5 2017, AN ACT TO ALLOW FOR THE RELOCATION AND RECONSTRUCTION OF OFF-PREMISES OUTDOOR ADVERTISING.

To be summarized.

Intro. by Lewis, Saine, Goodman, Hanes.GS 136, GS 153A, GS 160A
H 581 (2017-2018) REVISIONS TO OUTDOOR ADVERTISING LAWS. Filed Apr 5 2017, AN ACT TO PROMOTE UNIFORMITY OF REGULATION AND MODERNIZATION OF OUTDOOR ADVERTISING, TO ALLOW FOR THE RELOCATION AND RECONSTRUCTION OF OFF-PREMISES OUTDOOR ADVERTISING, TO INCREASE PERMIT FEES FOR OUTDOOR ADVERTISING, TO CLARIFY STANDARDS FOR SELECTIVE VEGETATION REMOVAL, AND TO ESTABLISH A REASONABLE TIME FRAME FOR MAKING AGENCY DECISIONS REGARDING PERMITS AND APPEALS.

To be summarized.

Intro. by Lewis, Saine, Goodman, Hanes.GS 87, GS 136
H 584 (2017-2018) REAL PROP./ERROR CORRECTION & TITLE CURATIVE. Filed Apr 5 2017, AN ACT TO CLARIFY THE PROCESS FOR CORRECTING NONMATERIAL ERRORS IN RECORDED INSTRUMENTS OF TITLE, TO CREATE A CURATIVE PROCEDURE FOR OBVIOUS DESCRIPTION ERRORS IN DOCUMENTS OF TITLE, AND TO CREATE A SEVEN-YEAR CURATIVE PROVISION FOR CERTAIN DEFECTS IN RECORDED INSTRUMENTS OF TITLE.

Amends GS 47-36.1. Amends the caption to read Notice of errors in recorded instruments of title. Makes the provisions of that statute apply only to nonmaterial typographical or other minor nonmaterial errors in deeds or other recorded instruments, and provides for the corrections under that statute to be made by corrective notice affidavit.

Enacts new GS 47-36.2 (Cure of obvious description errors in recorded instruments). Defines eight terms as they are used in the statute. Authorizes correction of obvious descriptive errors, as defined, in recorded instruments affecting title to real property by recording a curative affidavit with the register of deeds. Requires an authorized attorney, as defined, seeking to record a curative affidavit to serve notice to six listed classes of persons. Authorizes served persons to object to the recordation of the proposed curative affidavit or to dispute the facts in the curative affidavit, in a writing sent to the authorized attorney within 30 days of notice. If the authorized attorney receives such an objection, the attorney may not sign or record the proposed curative affidavit. If the authorized attorney does not receive a written objection, the attorney may sign and record the affidavit. Provides 10 requirements for a sufficient curative affidavit. Provides that a curative affidavit operates as a correction of the recorded instrument that relates back to, and is effective as of, the date the instrument being corrected was originally recorded. Directs the register of deeds to accept and index curative affidavits for recording unless they do not meet listed requirements. Curative affidavits recorded in compliance with this statute are prima facie evidence of the facts stated therein. Provides an acceptable statutory form for curative affidavits and for notice of intent.

Enacts new GS 47-108.28 (Ten-year curative statute). Provides that a properly recorded instrument conveying or purporting to convey an interest in real property containing a material defect, irregularity, or omission that is not corrected within 10 years of recordation, is effective to vest title as stated therein and to the same extent as though the instrument had not contained the defect, irregularity, or omission. Definesmaterial defect, irregularity, or omission.

Makes conforming changes to GS 161-14.1.

Intro. by Jordan, Stevens, Dulin.GS 47, GS 161
H585 (2017-2018) EXTEND STATUTE OF LIMITATIONS/CHILD SEX ABUSE. Filed Apr 5 2017, AN ACT EXTENDING THE STATUTE OF LIMITATIONS FOR A CIVIL ACTION FOR CHILD SEXUAL ABUSE SO THAT A PLAINTIFF HAS UNTIL AGE FORTY TO COMMENCE AN ACTION.

Amends GS 1-17 to authorize plaintiffs to file civil actions against a defendant for sexual abuse suffered while the plaintiff was under 18 years of age, until the plaintiff reaches 40 years of age.

Makes conforming changes to GS 1-52 and GS 1-56.

Effective from October 1, 2017, to September 30, 2018, this act revives any civil action for child sexual abuse otherwise time-barred under GS 1-52 as it existed immediately before the enactment of this act.

Except as otherwise provided, effective October 1, 2017, and applies to civil actions commenced on or after that date.

Intro. by Riddell, Boswell, B. Turner, Williams.GS 1
H 586 (2017-2018) NC AM. INDIAN HUNTING/FISHING RIGHTS. Filed Apr 5 2017, AN ACT TO PROVIDE AN EXEMPTION FROM HUNTING, TRAPPING, AND FISHING LICENSE REQUIREMENTS FOR NORTH CAROLINA AMERICAN INDIANS.

Amends GS 113-276(11) to provide an exception to the hunting, trapping, and fishing license requirements for state residents who: (1) are members of a State- or federally-recognized Indian tribe or (2) have an ID card from a Native nation.

The exception applies to hunting, trapping, and fishing off of tribal land (there is an existing licensure exception for those activities on tribal land). Requires that a person relying on the exception still comply with other applicable hunting, fishing, and trapping laws and rules. Does not apply to licenses issued under GS Chapter 113, Articles 14A (Coastal and Estuarine Commercial Fishing Licenses), 14B (Coastal Recreational Fishing Licenses), or 25A (Unified Licenses). Effective October 1, 2017.

Intro. by C. Graham.GS 113
H 587 (2017-2018) SANITARY DISTRICTS/PROJECTS ECONOMIC IMPACT. Filed Apr 5 2017, AN ACT PROVIDING THAT THE LOCAL GOVERNMENT COMMISSION SHALL CONDUCT AN ECONOMIC IMPACT STUDY OF SANITARY DISTRICT CAPITAL PROJECTS THAT REQUIRE THE ESTIMATED EXPENDITURE OF TEN MILLION DOLLARS OR MORE.

Contains whereas clauses.

Enacts new GS 130A-63.1 (Economic impact study required for certain capital projects). Provides that a sanitary district board must submit the details of a capital project requiring the estimated expenditure of $10 million or more to the Local Government Commission (Commission) prior to accepting bids on the project. Directs the Commission to conduct an economic impact study to determine the impact the project will have on the sanitary district's assets and expenditures and those of neighboring local government units and public authorities and the effect the expenditures will have on the cost of raw water.

Applies only to sanitary districts in counties with a population of 100,000 or more, but not if the county has only one sanitary district within its boundaries.

Intro. by Butler, Iler.GS 130A
H 589 (2017-2018) COMPETITIVE ENERGY SOLUTIONS FOR NC. (NEW) Filed Apr 5 2017, AN ACT TO REFORM NORTH CAROLINA'S APPROACH TO INTEGRATION OF RENEWABLE ELECTRICITY GENERATION THROUGH AMENDMENT OF LAWS RELATED TO ENERGY POLICY AND TO ENACT THE DISTRIBUTED RESOURCES ACCESS ACT.

Amends GS 62-133.8 (Renewable Energy and Energy Efficiency Portfolio Standard). Adds new subsection (l) to require an owner, including an electric power supplier, of each renewable energy facility or new renewable energy facility that intends for renewable energy certificates it earns to be eligible for use by an electric power supplier to comply with the statute to register the facility with the Utilities Commission. Provides that the requirement applies whether or not the facility is required to obtain a certificate of public convenience and necessity pursuant to GS 62-110.1. Directs the described owner to file a registration statement in the form prescribed by the Commission and remit the Commission the fee pursuant to GS 63-300(a)(16).

Amends GS 62-300(a) to add new subsection (16), setting a $250 fee for each registration statement for a renewable energy facility or new renewable energy facility filed pursuant to GS 62-133.8(l), and subsection (17), setting a $50 fee for each report of proposed construction filed by the owner of an electric generating facility that is exempt from the certification requirements of GS 62-110.1(a).

Intro. by Szoka, Arp, Watford.GS 62
H 590 (2017-2018) INTERIOR DESIGN PROFESSION ACT. Filed Apr 5 2017, AN ACT TO ESTABLISH A FRAMEWORK FOR THE VOLUNTARY REGISTRATION OF INDIVIDUALS IN THE PROFESSION OF INTERIOR DESIGN AND TO ALLOW REGISTERED PROFESSIONAL INTERIOR DESIGNERS TO OBTAIN PERMITS FROM LOCAL GOVERNMENTS.

Enacts new GS Chapter 93F (Interior Design).

Defines interior designas five listed professional activities, including programming, planning, pre-design analysis, and conceptual design, including the selection of materials, furniture, fixtures, and equipment. Lists eleven authorized actions and duties of registered interior designers. Charges the Department of Insurance (Department) with administration of the registration program. Provides for expiration of registration after two years, and for renewal of registration. Sets out qualifications for registration and renewal as an interior designer, and fees that may be charged by the Department. Provides for the Department's disciplinary authority, including assessing civil penalties and disciplinary costs, and seeking injunction against violations of this Chapter. Makes it a Class 2 misdemeanors to (1) affix a registered interior designer's signature or seal to any interior technical submissions without the registrant's permission; (2) use or attempt to use an expired, inactive, suspended, or revoked registration or seal, or the registration or seal of another, or impersonating a registrant; (3) obtain or attempt to obtain a registration by fraud; (4) make a willfully false oath or affirmation in any matter or proceeding as required by this Chapter; and (5) willfully prevent an individual from obtaining a building permit from a local government, provided that the individual seeking to obtain the permit is a registered interior designer. Allows for the assessment of civil penalties. Provides that the Chapter does not apply to interior decorators, licensed design professionals, or attorneys at law licensed pursuant to GS Chapter 84.

Amends GS 83A-9 to only require one of the members of the partnership to be duly licensed to practice architecture for the partnership to practice architecture, and to refer to registration in addition to licensing.

Amends GS 153A-357 and GS 160A-417 to direct a county or city that denies or withholds the issuance of a building permit or certificate of occupancy to provide a written explanation and a copy of the ordinance or other basis for its decision. Makes conforming changes.

Effective October 1, 2017.

Intro. by Riddell, McElraft, Saine, S. Martin.GS 83A, GS 93F, GS 153A, GS 160A
H 591 (2017-2018) STUDY/LEO INTERACTION WITH DISABLED DRIVERS. Filed Apr 5 2017, AN ACT DIRECTING THE DEPARTMENT OF JUSTICE AND PUBLIC SAFETY TO STUDY TRAINING THAT MAY BE PROVIDED TO A LAW ENFORCEMENT OFFICER TO IMPROVE THE OFFICER'S ABILITY DURING A TRAFFIC STOP TO IDENTIFY WHETHER A PERSON IS DEAF OR HARD OF HEARING OR HAS A DEVELOPMENTAL DISABILITY, TRAUMATIC BRAIN INJURY, OR MENTAL ILLNESS AND THE CONDITION IS AFFECTING THE PERSON'S ABILITY TO COMPLY WITH THE OFFICER'S ORDERS AND TO IMPROVE THE OFFICER'S INTERACTION WITH THE PERSON UPON MAKING THAT IDENTIFICATION.

Directs the Department of Justice and Public Safety (possibly, the Department of Justice, the Department of Public Safety, or both), in collaboration with the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriff's Education and Training Standards Commission, to study what training may be provided to law enforcement officers to improve the officer's ability to identify and interact with persons who are deaf, hard of hearing, have a developmental disability, have a traumatic brain injury, or have a mental illness, affecting the person's ability to comply with orders. Directs the Department (possibly, Departments) to report its findings, including legislative recommendations, to the Joint Legislative Oversight Committee on Justice and Public Safety by December 1, 2017.

Intro. by C. Graham.STUDY
H 592 (2017-2018) "KICK CANCER FOR KIDS" SPECIAL PLATE. Filed Apr 5 2017, AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO PRODUCE A "KICK CANCER FOR KIDS" SPECIAL REGISTRATION PLATE.

Amends GS 20-79.4(b)as title indicates. Establishes a special plate fee of $30 and requires that $20 of that amount be transferred quarterly, half to The Children's Oncology Group Foundation to support the mission and goals of the Foundation, and half to Riley's Army Inc. to provide support to children with cancer and their families. Authorizes the Revisor of Statutes to alphabetize, number, and renumber the special registration plates in GS 20-79.4(b).

Effective July 1, 2017.

Intro. by Hurley.GS 20
H 593 (2017-2018) INCREASE PERSONAL CARE SERVICES RATES. Filed Apr 5 2017, AN ACT TO INCREASE THE RATE PAID FOR PERSONAL CARE SERVICES PROVIDED TO MEDICAID AND NC HEALTH CHOICE RECIPIENTS.

Requires the Department of Health and Human Services, Division of Medical Assistance, beginning January 1, 2018, to increase the fifteen‑minute rate paid for personal care services provided pursuant to Clinical Coverage Policy 3L to $4.25.

Specifies that the rate increase will affect only half of the 2017‑18 fiscal year.

Appropriates from the General Fund to the Department of Health and Human Services, Division of Medical Assistance, $17,979,122 for 2017‑18 and $37,385,544 for 2018‑19 to implement the rate increases. Specifies that these funds provide a state match for federal funds and appropriates those federal funds to the Division of Medical Assistance to pay for costs associated with the rate increase. 

Effective July 1, 2017.

Intro. by Malone, Dobson, Murphy.UNCODIFIED
H 594 (2017-2018) HEALTHY MOTHER, HEALTHY CHILD. Filed Apr 5 2017, AN ACT TO ENSURE HEALTHY PREGNANCIES FOR FEMALE PRISONERS AND DETAINEES.

Identical to S 639, filed on 4/4/17.

Enacts new Artice 84C, Treatment of Pregnant Prisoners and Detainees, in GS Chapter 15A. 

Prohibits a correctional institution (defined as any unit of the State prison system, local confinement facility, juvenile detention facility, or other entity under the authority of any State or local law enforcement agency that has the power to detain or restrain a person under the laws of this State) from using restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum recovery, unless the corrections official determines that the prisoner or detainee presents an extraordinary circumstance. Defines an extraordinary circumstance as a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.

Specifies that, despite a determination that there are extraordinary circumstances, if the health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee must immediately remove all restraints. Also prohibits using leg or waist restraints on any prisoner or detainee who is in labor or delivery under any circumstances.

Requires that if restraints are used the type of restraint applied and the application of the restraint must be accomplished in the least restrictive manner necessary, and requires the corrections official to make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints. Require the findings  to be kept on file for at least five years and be made available for public inspection. 

Requires all correctional facilities in the State to develop the rules mandated under this act within 30 days of the date this act becomes law and to inform prisoners and detainees within their custody of those rules within 60 days of the date this act becomes law.

Appropriates $250,000 in recurring funds from the General Fund to the Department of Public Safety to be allocated to policy implementation, education, and training of the procedures outlined in the act.

 

Intro. by Fisher, Cunningham, Insko.APPROP, GS 15A
H 595 (2017-2018) ADOPT OFFICIAL STATE SPIDER. Filed Apr 5 2017, AN ACT TO ADOPT THE GOLDEN SILK SPIDER AS THE OFFICIAL STATE SPIDER OF THE STATE OF NORTH CAROLINA.

Includes whereas clauses.

Enacts GS 145-49 to adopt the golden silk spider as the official state spider of North Carolina. 

Intro. by Fisher.GS 145
H 596 (2017-2018) STUDY/MPO VOTING POWER DISTRIBUTION. Filed Apr 5 2017, AN ACT TO STUDY THE DISTRIBUTION OF VOTING POWER AMONG THE VOTING MEMBERS OF METROPOLITAN PLANNING ORGANIZATIONS AND RURAL TRANSPORTATION PLANNING ORGANIZATIONS.

Establishes the Study Committee on the Distribution of Voting Power in Metropolitan Planning Organizations (Committee). Provides for the membership of the Committee, with five members of the House of Representatives and five members of the Senate. Directs the Speaker and the President Pro Tempore to each designate a cochair. Sets forth the parameters for Committee meetings, quorum of the Committee, and the filling of vacancies. 

Directs the Study Committee to study the process used and guidelines followed by Metropolitan Planning Organizations in determining how to distribute voting power among their voting members. Requires the study to include an examination of other states' laws.

Provides the powers of the Committee, member expenses, and staffing. 

Directs the Committee to report its findings and proposed legislation to the 2018 Regular Session of the 2017 General Assembly. Terminates the Committee upon filing of the final report or the convening of the 2018 Regular Session of the General Assembly, whichever is earlier. 

Intro. by Bradford, Millis.STUDY
H 597 (2017-2018) WILLFUL INJURY OF PERSON/TRAP IN PUBLIC PARK. Filed Apr 5 2017, AN ACT TO CREATE THE CRIMINAL OFFENSE OF MALICIOUS INJURY THROUGH USE OF A TRAP IN PUBLIC PARKS.

Enacts new GS Chapter 14, Article 13C (Malicious Injury Through Use of a Trap in Public Parks).

Definespublic park(includes public parks, public recreational areas, walking trails, greenways, horse trails, and State forests) andtrap (any object or device designed or placed in a manner to cause bodily injury upon contact with the object or device, including five listed devices).

Creates a new crime, called malicious injury through use of a trap in public parks, for persons who willfully and maliciously set traps in public parks for the purpose of injuring another person or who willfully and maliciously aid or procure the setting of a trap in a public park for the purpose of injuring another person.

Violation is a Class A1 misdemeanor. Violation that inflicts physical injury on another person is a Class H felony. Violation that inflicts serious injury on another person is a Class E felony. Violation in which the trap was camouflaged or concealed is one class higher than the offense otherwise would be classified, with a Class A1 misdemeanor becoming a Class I felony.

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

Intro. by Bradford, Bert Jones, Zachary, Clampitt.GS 14
H 598 (2017-2018) SWIMMING POOL ELECTRICAL SAFETY. Filed Apr 5 2017, AN ACT TO PROTECT THE PUBLIC FROM ELECTRICAL MALFUNCTIONS AT PUBLIC SWIMMING POOLS.

Includes several whereas clauses.

Enacts GS 130A-281.5 requiring all public swimming pools, no later than 90 days after the act becomes law, to ensure that the electrical circuit or receptacle providing power to the pool's power pump motor includes ground-fault circuit-interrupter protection for personnel. 

Amends GS 130A-282(a)(5) to add electrical safety as set out in GS 130A-281.5, as enacted, to the operation and safety rules the Commission for Public Health is required to adopt for the protection of the public health and safety. 

Intro. by Setzer, Howard, Dollar, Henson.GS 130A
H 600 (2017-2018) SCHOOL CONSTRUCTION FLEXIBILITY. Filed Apr 5 2017, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO LOCAL BOARDS OF EDUCATION TO ENTER INTO LEASES FOR SCHOOL BUILDINGS AND OTHER FACILITIES AND REVISE THE PROCEDURES FOR QUALIFIED ZONE ACADEMY BONDS.

Amends GS 115C-105.25 to provide that funds allotted by the State Board of Education for any purpose, except for funds allotted to the classroom teacher allotment category, and teacher assistant allotment category 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 any purpose, except for funds allotted to the classroom teacher allotment category and the teacher assistant allotment category.

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.

Intro. by J. Bell, Lewis, Brenden Jones, Goodman.GS 115C
H 601 (2017-2018) AMEND MEDICAL RECORDS MANAGER QUALIFICATIONS. Filed Apr 5 2017, AN ACT DIRECTING THE NORTH CAROLINA MEDICAL CARE COMMISSION TO AMEND THE RULES PERTAINING TO THE MANAGEMENT OF HOSPITAL MEDICAL RECORDS IN ORDER TO REVISE THE QUALIFICATIONS OF MEDICAL RECORDS MANAGERS.

Directs the North Carolina Medical Care Commission to amend the rules pertaining to the management of hospital medical records to require the medical records service for licensed hospitals be directed and supervised by a qualified health information management manager, and directing hospitals whose managers are not registered health information administrators or registered health information technicians to retain a person with those qualifications.

Intro. by Dobson, Lambeth, S. Martin, Adcock.UNCODIFIED
H 602 (2017-2018) CITIES/REQUIRE PERFORMANCE GUARANTEES. Filed Apr 5 2017, AN ACT AUTHORIZING CITIES TO REQUIRE PERFORMANCE GUARANTEES WHEN INDUSTRIAL PROPERTY IS BEING DEMOLISHED.

Enacts GS 160A-440, authorizing a city to require performance guarantees when the owner of property classified as industrial under the city's zoning ordinance or property historically used for industrial purposes submits an application for a permit to assure successful completion of demolition and removal of all material from the site in a reasonable time period. Provides that the type of performance guarantee is at the election of the owner, but requires the owner to, in conjunction with the city, determine the estimated cost of demolition and removal of all material from the site and the time period in which the demolition and removal will be completed. Defines performance guarantee to mean (1) a surety bond issued by any company authorized to do business in this State; (2) a letter of credit issued by any financial institution licensed to do business in this State; or (3) any other form of guarantee that provides equivalent security to a surety bond or letter of credit.

Provides for the timely return or release of the performance guarantee; the extension of the performance guarantee; or the issuance of a new performance guarantee. Requires the owner to demonstrate reasonable, good-faith progress toward the completion of the demolition and removal of all material that is the subject of the performance guarantee or any extension. Provides that the form of any extension remains at the election of the owner.

Prohibits the amount of the performance guarantee from exceeding 125% of the reasonably estimated cost of completion of demolition and removal of all material at the time the performance guarantee is issued. Provides that any extension of the performance guarantee necessary to complete demolition and removal of all material cannot exceed 125% of the reasonably estimated cost of completion of the remaining demolition and removal of all material still outstanding at the time the extension is obtained. 

Limits the use of the performance guarantee for completion of the demolition and removal of all material from the site.

Clarifies that the statute does not authorize a city to require performance guarantees for demolition of residential property. 

Effective July 1, 2017.

Intro. by Dobson.GS 160A
H 603 (2017-2018) SMALL FARMS TO HEALTHIER SCHOOLS INITIATIVE. Filed Apr 5 2017, AN ACT TO APPROPRIATE FUNDS FOR THE SMALL FARMS TO HEALTHIER SCHOOLS INITIATIVE, A PARTNERSHIP BETWEEN SCHOOL NUTRITION PROGRAMS AND LOCAL FARMERS.

Identical to S 637, filed 4/4/17.

Includes whereas clauses.

Appropriates $340,000 in nonrecurring funds for 2017‑18 and $330,000 in nonrecurring funds for 2018‑19 from the General Fund to Working Landscapes, for a pilot program to reimburse participating school districts based on the servings of food they source from farms within the same region. Requires that the pilot project take place in the educational district for the North Central region as provided in GS 143B‑28.1 (Chatham, Durham, Edgecombe, Franklin, Granville, Harnett, Johnston, Lee, Nash, Orange, Person, Vance, Wake, Warren, and Wilson Counties). Specifies that of the funds appropriated by this act, $60,000 in 2017‑18 and $120,000 in 2018‑19 must be used for payments to participating school systems to offset the higher cost of locally grown products with the remaining funds cost‑shared on a one‑to‑one basis with funds provided by Working Landscapes to establish program infrastructure and assist local farms in obtaining certifications necessary to supply school nutrition programs. Effective July 1, 2017.

Intro. by Garrison.APPROP
H 604 (2017-2018) REPEAL DEATH PENALTY. Filed Apr 5 2017, AN ACT TO REPEAL THE DEATH PENALTY AND TO PROVIDE THAT ALL CURRENT PRISONERS SENTENCED TO DEATH SHALL BE RESENTENCED TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE.

Enacts new GS 15A-1340.13A, which provides that no crime shall be punishable by death. Makes conforming changes to criminal laws and procedure in GS Chapters 7A, 14, 15, and 15A by removing all reference to punishment by death. Repeals Chapter 15, Subchapter XV, related to capital punishment.

Amends Chapter 90 to remove language in the practice acts referencing the role of doctors, nurses, and pharmacists participating in an execution.

Directs the Attorney General to petition courts to vacate every death sentence and resentence the person to life imprisonment without the possibility of parole.   

Effective when the act becomes law and applies to any person sentenced to death before, on, or after that date.

Intro. by Meyer, Michaux, Holley, Black.GS 14, GS 15, GS 15A, GS 90
H 606 (2017-2018) STUDY 64 BYPASS EFFECT & TRANSFER FUNDS. Filed Apr 5 2017, AN ACT DIRECTING THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO STUDY THE EFFECT THE CONSTRUCTION OF THE U.S. HIGHWAY 64 BYPASS HAD ON THE FLOODING THAT OCCURRED IN THE TOWN OF PRINCEVILLE FROM HURRICANE MATTHEW AND TRANSFERRING HB2 LEGAL DEFENSE FUNDS TO THE HURRICANE MATTHEW RESILIENCY PLANNING FUND.

Identical to S 640, filed 4/4/17.

Requires the Joint Legislative Transportation Oversight Committee (Committee) to study the effect, if any, the construction of the US Highway 64 Bypass had on the flooding associated with Hurricane Matthew that occurred in Princeville and requires the Committee to report its findings to the 2018 Regular Session of the 2017 General Assembly.

Requires that $500,000 for 2016‑17 appropriated in SL 2016‑94 for the purpose of HB2 legal defense instead be transferred to the Hurricane Matthew Resiliency Planning fund to be used for bridge, infrastructure, and dam construction in Edgecombe, Bertie, and Tyrrell counties.

Intro. by Willingham.STUDY
H 608 (2017-2018) FAMILY/CHILD PROTECTION & ACCOUNTABILITY ACT. Filed Apr 5 2017, AN ACT TO REFORM THE CHILD WELFARE SYSTEM IN THIS STATE; IMPROVE ACCOUNTABILITY AND STATE OVERSIGHT OF THE CHILD WELFARE SYSTEM; REQUIRE THE STATE TO DEVELOP A PLAN FOR A REGIONAL SYSTEM OF SOCIAL SERVICES DEPARTMENTS; ESTABLISH A CHILD WELL-BEING TRANSFORMATION COUNCIL TO IMPROVE COORDINATION, COLLABORATION, AND COMMUNICATION AMONG CHILD-SERVING AGENCIES; ESTABLISH A PILOT PROGRAM TO HELP YOUTH IN SUBSTITUTE CARE OBTAIN DRIVERS LICENSES; ESTABLISH A PILOT PROGRAM TO AUTHORIZE A WAIVER OF THE EMPLOYMENT REQUIREMENT FOR FOSTER PARENTS OF CHILDREN RECEIVING INTENSIVE ALTERNATIVE FAMILY TREATMENT; REDUCE THE TIME FRAME A PARENT HAS TO APPEAL FROM A TERMINATION OF PARENTAL RIGHTS ORDER; AND REDUCE THE TIME FRAME FOR LICENSURE APPROVAL REGARDING FOSTER CARE.

Identical to S 594, filed 4/4/17.

Includes whereas clauses.

Directs the Department of Health and Human Services (DHHS) to develop a plan for creating no more than 30 regional social services departments. Requires DHHS to submit a preliminary plan to the legislature by January 15, 2019, and a final plan by March 31, 2019. If DHHS fails to meet the deadline for the final plan, the legislature shall develop the plan. The plan must provide for implementation of the regional system by January 1, 2022.  

Directs the School of Government at the University of North Carolina at Chapel Hill to convene a Social Services Regionalization Working Group (Working Group) to develop recommendations regarding the Department's plan. Specifies the membership of the Working Group, authorizes the co-chairs to appoint ad hoc subcommittees, and details the issues that the group must consider. Requires the Working Group to submit an interim report by June 30, 2018, and a final report by December 1, 2018. Appropriates $48,400 in FY 2017-18 and $24,700 in FY 2018-19 from the General Fund to the School of Government. Also appropriates from the General Fund to DHHS $38,039 in FY 2017-18 and $16,303 in FY 2018-19 for reimbursement of expenses related to the Working Group. Appropriations effective July 1, 2017.

Directs the Office of State Budget and Management (OSBM), in consultation with DHHS, to contract with an outside organization to evaluate the state’s child welfare system, develop a plan for reforming the system, and provide ongoing evaluation and oversight of the state’s implementation of the reform plan. Specifies issues that the outside organization must address in its evaluation and reform plan. Requires the outside organization to develop a Dashboard, which must be a standard set of performance and outcome metrics that indicate how effectively the child welfare system is working. Directs DHHS to conduct a comprehensive review of all child welfare policies and update them as appropriate to conform with changes in the system related to both regionalization and child welfare reform. Requires that all drafts of revised policies must be reviewed by the outside organization. Requires OSBM, DHHS, and the outside organization to submit several reports to the legislature throughout the contracting, reform, and policy review processes. Appropriates $3.1 million from the General Fund to DHHS to implement the requirements related to child welfare reform. Appropriation effective July 1, 2017.

Amends GS 108A-74 to establish a new system for state oversight of administration of child welfare programs at the local level. Directs DHHS to establish performance and outcome metrics for child welfare programs and requires local social services agencies to meet mandated performance requirements aligned with those metrics. If a local social services agency fails to meet the requirements, DHHS and the local agency must enter into a corrective action plan. If a local social services agency fails to complete the corrective action plan, DHHS must temporarily assume administration of all or part of the agency’s child welfare program. Authorizes DHHS to restore administrative responsibilities to the local agency once the Secretary determines that the agency will be able to meet performance requirements. Effective six months after all 100 counties have implemented the child welfare component of the North Carolina Families Accessing Services through Technology (NCFAST) system.

Creates new GS Chapter 143, Article 81, establishing the Child Well-Being Transformation Council (Council). Provides that the Council will serve as a means for coordination, collaboration, and communication among private and public organizations involved in providing public services to children. New GS 143-775 specifies composition requirements, appointing authorities, and terms. Requires that initial members be appointed on or after July 1, 2018. New GS 143-776 outlines the powers and duties of the Council. Directs the Council to focus initially on the child protective services system but authorizes the Council to expand beyond child protective services after 2022. Requires the Council to submit annual reports to the legislature. Appropriates $12,692 in FY 2018-19 from the General Fund to the Legislative Services Commission to support the Council. All provisions related to the Council, including the appropriation, are effective July 1, 2017.

Directs DHHS to establish a two-year pilot program to reimburse costs associated with obtaining a driver's license, including education, fees, and insurance, for older youth who are in substitute care. Directs DHHS to report to the legislature by March 1, 2018. Appropriates to DHHS $75,000 for FY 2017-18 and $75,000 for FY 2018-19. All provisions related to this pilot program are effective July 1, 2017.

Directs DHHS to establish a pilot program that allows for a waiver of the requirement that foster parents maintain outside employment if the foster home is utilizing Intensive Alternative Family Treatment (IAFT). DHHS shall solicit participation in the pilot from local management entities/managed care organizations (LME/MCOs). Participating LME/MCOs must compare specified outcome data for foster youth utilizing IAFT who are participating in the pilot with those who are not. LME/MCOs must submit reports to DHHS and DHHS must submit a report to the legislature by December 1, 2018.

Amends GS 7B-1001(a)(5) to shorten the amount of time a parent has to appeal orders entered pursuant to GS 7B-906.2(b) (concurrent permanent plans) from 180 days to 65 days.

Amends GS 131D-10.3 to add a new paragraph (d1) requiring DHHS to grant or deny a license to provide foster care or therapeutic foster care within three months of the date of application. Also directs DHHS to further examine the system for processing these applications to further reduce the time frames. 

Except as otherwise provided above, provisions are effective when they become law.   

Intro. by Stevens, Lewis, Dollar, Jordan.APPROP, UNCODIFIED, GS 7B, GS 108A, GS 131D, GS 143
H 610 (2017-2018) FUNDS FOR NC PRE-K/TIER 3 COUNTIES. Filed Apr 5 2017, AN ACT TO APPROPRIATE ADDITIONAL FUNDS FOR THE NC PREKINDERGARTEN (NC PRE-K) PROGRAM IN TIER THREE COUNTIES.

Appropriates $12.9 million for 2017-18 from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education, to provide additional funds for prekindergarten programs in tier three counties.

Effective July 1, 2017.

Intro. by Malone.APPROP
H 611 (2017-2018) EMPLOYMENT CONTRACT EXCEPTION (NEW). Filed Apr 5 2017, AN ACT TO CREATE AN EXCEPTION FOR EMPLOYMENT CONTRACTS OF SPOUSES OF SUPERINTENDENTS OF LOCAL SCHOOL ADMINISTRATIVE UNITS WHEN THE LOCAL BOARD OF EDUCATION APPROVES THE EMPLOYMENT.

Amends GS 7B-300 to provide that the primary objective of protective services is to protect and provide for the safety and well-being of juveniles. Directs protective services to screen reports in accordance with instructions provided by the county child welfare agency, to provide counseling services to juveniles in addition to the currently listed individuals, and to provide counseling to all listed individuals for the purposes of making more suitable decisions as parents, better meeting the needs of juveniles, and sustaining the long-term care and safety of juveniles, in addition to the currently listed counseling purposes. Adds that protective services includes casework.

Intro. by Dobson, Bert Jones, Murphy, Earle.GS 7B
H 612 (2017-2018) COMPREHENSIVE FIREARM ED. ELECTIVE/SCHOOLS. Filed Apr 5 2017, AN ACT TO AUTHORIZE A LOCAL BOARD OF EDUCATION TO OFFER A COMPREHENSIVE FIREARM EDUCATION ELECTIVE COURSE DEVELOPED AND IDENTIFIED BY THE STATE BOARD OF EDUCATION.

Amends GS 115C-81 to direct the State Board of Education to develop and identify a comprehensive firearm education course that can be offered as an elective at the high school level. Provides requirements for the course.

Applies beginning with the 2017-18 school year.

Intro. by Adams, Henson, Boswell, Presnell.GS 115C
H 613 (2017-2018) TRANSFER CERTAIN STATE PROPERTY. (NEW) Filed Apr 5 2017, AN ACT TO CONVEY CERTAIN REAL PROPERTY TO GRANVILLE COUNTY TO BE USED AS A CEMETERY AND TO CONVEY CERTAIN REAL PROPERTY TO BLADEN COUNTY TO BE USED AS A DRIVER TRAINING FACILITY FOR FIRST RESPONDERS.

Conveys a specific 12-acre parcel of land, as is and where is, without warranty, to the Granville County Board of Commissioners for consideration of $1, so long as it is utilized as a cemetery, subject to a reversionary interest reserved by the State. The conveyance is exempt from GS Chapter 146, Article 7, and must comply with GS Chapter 146, Article 16, except for GS 146-74, which shall not apply.

Effective July 1, 2017.

Intro. by Yarborough.UNCODIFIED, Granville
H 614 (2017-2018) SCIENTIFIC WILDLIFE MANAGEMENT ACT. Filed Apr 5 2017, AN ACT TO CONFIRM THAT NORTH CAROLINA CITIZENS HAVE A FUNDAMENTAL PRIVILEGE TO HUNT AND FISH THE MARINE, ESTUARINE, AND WILDLIFE RESOURCES OF THE STATE.

Amends GS 113-131 (Resources belong to public; stewardship of conservation agencies; grant and delegation of powers; conjunctive relief). Adds new subsection (a1) to direct the Department of Environmental Quality (DEQ), the Marine Fisheries Commission, and the Wildlife Resources Commission to promote conservation and scientific management of marine, estuarine, and wildlife resources. Provides for the fundamental privileges of the people of NC to hunt, trap, fish, and harvest marine, estuarine, and wildlife resources, subject only to the acts of the General Assembly and regulations adopted by DEQ, the Marine Fisheries Commission, and the Wildlife Resources Commission to promote conservation and management of these resources and preserve the ability of the people of the State to hunt and fish. Declares that public hunting and fishing are to be the preferred means of managing and controlling marine, estuarine, and wildlife resources. Clarifies that the statute does not modify or repeal any provision of law relating to trespass or property rights.

Repeals GS 153A-129(b), as enacted by Section 5(b) of SL 2015-144, which authorizes a county to prohibit hunting on Sunday as allowed under GS 103-2. Repeals GS 103-2 (Method of take when hunting on Sunday).

Effective October 1, 2017.

Intro. by Malone, Adams, B. Turner.GS 103, GS 113, GS 153A
H 617 (2017-2018) CLARIFY SALE OF ANTIQUE & SPECIALTY VEHICLES. Filed Apr 5 2017, AN ACT TO CLARIFY THE REQUIREMENTS THAT MUST BE MET TO OBTAIN A TEMPORARY SUPPLEMENTAL LICENSE FOR THE SALE OF ANTIQUE MOTOR VEHICLES AND SPECIALTY MOTOR VEHICLES AND TO EXPAND THE DEFINITION OF A "SPECIALTY MOTOR VEHICLE."

Amends the requirements for obtaining a temporary supplemental license for the off-premises sale of antique motor vehicles and specialty motor vehicles found in GS 20-292.1, now requiring license applicants to have and maintain a surety bond in the amount of $50,000 from a surety company licensed in North Carolina, in addition to being licensed as a motor vehicle dealer. Provides that the notice required to be given to the Division of Motor Vehicles, which details the specific dates and location for which the temporary license is requested, must be given at least 60 days in advance of such dates. Further requires (1) the minimum of three salespersons licensed under GS Chapter 20, Article 12, to be on site at the time of the off-premises sale, (2) that the event be advertised as an "antique" or "collectors" vehicle sale, and (3) that the required sign that clearly identifies the dealer be posted in a conspicuous location.  Also amends the definition for specialty motor vehicle, providing additional language that states that it also means any model or series of motor vehicle for private use manufactured at least 10 years prior to the current model year of which no more than 15,000 vehicles were sold within the United States during the model year the vehicle was manufactured.

Intro. by Ross, Hurley, Boles, Torbett.GS 20
H 619 (2017-2018) CLARIFY MOTOR VEHICLE DEALER LAWS. Filed Apr 5 2017, AN ACT TO CLARIFY MOTOR VEHICLE DEALERS AND MANUFACTURERS LICENSING LAWS.

Substantively identical to S 413, filed 3/28/17.

Amends GS 20-288(a1)(2) to extend the licensing-course exemption for used motor vehicle dealer applicants who operate a new motor vehicle showroom to include all applicants whose new motor vehicle showroom is within 30 miles (currently, 20 miles) of the proposed used motor vehicle showroom.

Amends GS 20-305 to prohibit manufacturers, distributors, or their branches, from requiring, coercing, or attempting to coerce, any new motor vehicle dealer to change the location of its dealership, or to make any substantial alterations to their dealership premises or facilities, if the dealer has done so within the preceding 10 years at a cost of more than $100,000, and the change was made at the request of, or with the knowledge, acquiescence, or approval of, the manufacturer, distributor, or branch. Any dealer not covered by this provision is governed by specified existing subdivisions of this statute.

Amends GS 20-305.1 to further require the motor vehicle manufacturers', distributors', and branches' written notice to their dealers to also include the dealers' obligations for recall service on the products, including service under listed preparation, delivery, and warranty agreements or contracts issued by the manufacturer, distributor, or branch, and the schedule for compensation and time allowances for the expanded list of required services. Makes conforming changes. Requires a manufacturer or distributor to further compensate a dealer for parts and components provided at reduced cost (currently only at no cost) for repairs under a recall, campaign service action, or warranty repair, as specified, and clarifies that the compensation is on the basis of the dealer's average markup on the cost for the part or component, less the cost for the part or component. Makes it further unlawful for manufacturers, distributors, and branches to fail to perform their recall obligations, or to fail to fully compensate their motor vehicle dealers for qualifying used vehicles or recall parts or to recover their costs for compensating their dealers for recall parts (currently only applies to warranty obligations and parts). Eliminates the provision exempting the living facilities of recreational vehicles from this prohibition, and specifies that the prohibition applies to the living facilities of recreational vehicles. Clarifies that claims by dealers concerning compensation for qualifying used motor vehicles under new GS 20-305.1(i) shall be paid by the manufacturer within 30 days. Makes conforming and technical changes. Clarifies that the chargebacks or payments required by a manufacturer from a dealer, which are stayed during a petition to the Commissioner, include compensation for services specified by the earlier amendments.

Enacts new GS 20-305.1(i) and (j), requiring manufacturers, distributors, or branches to compensate a franchised motor vehicle dealer for any motor vehicle subject to a notice of recall and stop-sale or do-not-drive order issued by the manufacturer or the National Highway Traffic Safety Administration and whose parts to repair the underlying defect are not received by the dealer within 15 days of the notice of recall. Specifies the rate of monthly compensation (1.75% of the vehicle's value).

Makes a conforming change to GS 20-305.5.

Amends GS 20-305.2 to prohibit manufacturers, distributors, or branches with franchised motor vehicle dealers to own any interest in, operate, or control any entity that leases or rents motor vehicles to the general public in competition with any of their franchised dealers.

Amends GS 20-305.7 to clarify that the limits in subsection (b) do not apply to customers that meet any of the listed exemption qualifications (currently does not specify whether a customer must satisfy any or all of the qualifications). Clarifies that the lists of third parties to which a manufacturer and so forth provide dealers' data must include each and every such third party. Further requires the list to specify what data was provided to each party and that the lists must be specific to each dealer. Requires the list to show third parties that actually received, not that may have received, data. Prohibits third parties from charging the dealer any fee for access to the dealer's data. Provides that the rights of subsection (b) are not waivable and may not be modified by contract.

Enacts new GS 20-101.3 (Conspicuous disclosure of dealer shop and other service-related fees). Requires motor vehicle dealers to conspicuously display notices of shop fees for service work and other discretionary fees and disclose fees on a customer's invoice prior to charging such fees. Does not require dealers to charge a shop or other service-related fee. Effective January 1, 2018.

Contains a severability clause.

Except as otherwise specified, the act is effective when it becomes law, and applies to all current and future franchises and other agreements in existence between any new motor vehicle dealer in the State and a manufacturer or distributor as of the effective date of this act.

Intro. by Brawley, Ross, Johnson, Clampitt.GS 20

The Daily Bulletin: 2017-04-05

PUBLIC/SENATE BILLS
S 68 (2017-2018) BIPARTISAN BD OF ELECTIONS AND ETHICS ENFORCE (NEW). Filed Feb 9 2017, AN ACT TO REPEAL G.S. 126-5(D)(2C), AS ENACTED BY S.L. 2016-126; TO REPEAL PART I OF S.L. 2016-125; AND TO CONSOLIDATE THE FUNCTIONS OF ELECTIONS, CAMPAIGN FINANCE, LOBBYING, AND ETHICS UNDER ONE QUASI JUDICIAL AND REGULATORY AGENCY BY CREATING THE NORTH CAROLINA BIPARTISAN STATE BOARD OF ELECTIONS AND ETHICS ENFORCEMENT.

Senate committee substitute deletes the provisions of the 2nd edition, and replaces it with the following.

Includes whereas clauses.

Section 1 repeals GS 126-5(d)(2), as enacted by Sections 7 and 8 of SL 2016-125, which increased the number of exempt policymaking positions in each department headed by an elected department head, as specified, from the limit of 20, to 25 exempt positions, or from 1% to 2% of the total number of full-time positions in the department, whichever is greater; made conforming changes to exempt managerial positions; exempted DPI from the above limitations, and instead provides that the number of exempt policymaking positions designated by the Board of Education is limited to 70 exempt policymaking positions or 2% of the total number of full-time positions in the department, whichever is greater; made conforming changes to exempt managerial positions designated by DPI; and effective January 1, 2017, added the Superintendent to the specified heads of departments who may designate exempt positions in Council of State Departments and Offices, and removed the Board's authority to designate exempt positions and makes conforming changes. 

Section 2 repeals Part I of SL 2016-125, which created the Bipartisan State Board of Elections and Ethics Enforcement.

Section 3 directs the Revisor of Statutes to recodify GS Chapter 138A, GS Chapter 120C, as well as GS Chapter 163, as amended by this act, into a new GS Chapter 163A to be entitled "Elections and Ethics Enforcement Act," as enacted by Section 4 of this act. The Revisor may also recodify into the new GS Chapter 163A other existing statutory laws relating to elections and ethics enforcement located elsewhere in the General Statutes as the Revisor deems appropriate. When recodifying, the Revisor is authorized to change all references to the State Ethics Commission, to the State Board of Elections, or to the Secretary of State, to instead be references to the Bipartisan State Board of Elections and Ethics Enforcement. Allows the Revisor to make other necessary statutory changes. Requires the Revisor to consult with the State Ethics Commission, the State Board of Elections, the Secretary of State, and the new Bipartisan State Board of Elections and Ethics Enforcement on this recodification.

The organization of the new Chapter 163A is as follows:

Subchapter I establishes the Bipartisan State Board of Elections and Ethics Enforcement.

Subchapter II incorporates the provisions of Chapter 138A (ethics) and Chapter 120C (lobbying), some of which are amended elsewhere in the act.

Subchapter III incorporates the provisions of Chapter 163 (elections and election laws), some of which are amended elsewhere in the act.

Section 4 amends the General Statutes by creating a new Subchapter I, Article 1, of the new Chapter 163A establishing the Bipartisan State Board of Elections and Ethics Enforcement (the Board) and providing for the Board’s membership, powers, administration, and staff as follows.

New GS 163A-1 formally establishes the board. 

New GS 163A-2(a) sets out the membership of the Board as follows:

Eight individuals registered to vote in North Carolina, appointed by the Governor, four of whom are to be of the political party with the highest number of registered affiliates and four of whom are to be of the political party with the second highest number of registered affiliates, as reflected by the latest registration statistics published by the State Board. The Governor is to appoint four members each from a list of six nominees submitted by the State party chairs of the two political parties with the highest number of registered affiliates, as reflected by the latest registration statistics published by the State Board.

Subsections (b) and (c) provide that members of the Board serve two-year terms commencing on May 1st immediately following the gubernatorial election and may be removed by the Governor only for misfeasance, malfeasance, or nonfeasance. Under subsection (d), requires any vacancy to be filled by an individual affiliated with the same political party of the vacating member, with the Governor filling the vacancy from a list of two names submitted by the State party chair of the political party with which the vacating member was affiliated if that list is submitted within 30 days of the occurrence of the vacancy. The oath of office of the Board members is prescribed in subsection (e) of the new statute.  Subsections (f) and (g) provide for election of the Board chair, vice-chair, and secretary.  Under subsection (h), membership on the board is prohibited if the individual holds a federal, state, or local elective or appointive office; a political party office; is a candidate for elective office, campaign manager, or campaign treasurer; or has served two full consecutive terms.  In addition, Board members are prohibited from making campaign contributions to a candidate for office over which the Board has jurisdiction; registering as lobbyists; making public statements for or against identified candidates for office or referendum or ballot issue proposals; and soliciting contributions for candidates, PACs, and referendum committees.

New GS 163A-3 requires the Board to meet at least monthly at the call of its chair or by a majority of its members, and provides that five members both constitutes a quorum and is required for a majority vote. Adds that unless otherwise specifically provided in this Chapter, a majority vote of the State Board must require the following votes for the following types of actions: (1) at least five votes for any action under Subchapter III of this Chapter, Election and Election Laws, except for actions under Articles 23, 24, 25, and 26 of that Subchapter; (2) at least six votes for any action under Articles 23, 24, 25, and 26 of Subchapter III of this Chapter; (3) at least six votes for any action under Articles 5, 6, 7, and 9 of Subchapter II of this Chapter; and (4) at least a majority of those present and voting for any other action.

New GS 163A-4 sets out the powers of the Board in executing its duties, including, (1) in the performance of the duties enumerated in Article 8 of Subchapter II of this Chapter and Subchapter III of this Chapter, upon a vote of five or more of its members, with at least two votes from each political party, the power to administer oaths, issue subpoenas, summon witnesses, compel the production of evidence and (2) except as provided in subsection (a), upon a vote of five or more of its members, petition the Superior Court of Wake County for approval to issue a subpoena when necessary to conduct investigations of violations of the remainder of the Chapter.

New GS 163A-5 provides that the Board is an independent regulatory and quasi-judicial agency that may not be placed within a principal administrative department of state government, and authorizes the Board to employ staff.

New GS 163A-6 creates the position of Executive Director of the Board, who shall be appointed by the Board for a term of four years and is authorized to hire staff.  The Executive Director also serves as the chief State elections official.

Section 5 repeals five sections of Chapter 138A (GS 138A-6, establishing the State Ethics Commission; GS 138A-7, setting out the Commission’s membership; GS 138A-8, providing for meetings and quorum of the Commission; GS 138A-9, authorizing staff and administrative functions of the Commission; and GS 138A-12(r), authorizing the Commission to petition the Superior Court of Wake County for the approval to issue necessary subpoenas, and makes technical conforming changes to GS 138A-13 consistent with the establishment of the new Board.

Section 6 makes technical and conforming changes to various sections of Chapter 120C consistent with the establishment of the new Board and the organizational changes provided in this act. Makes conforming changes to GS 120C-601 (no longer authorizing the Commission to petition the Superior Court of Wake County for the approval to issue necessary subpoenas).

Section 7 makes changes to various sections of Chapter 163 (election laws) as follows.

Repeals GS 163-19 (which established the State Board of Elections).

Makes technical and conforming changes to GS 163-20 consistent with the establishment of the new Board. Requires the Board to meet at a place other than in Raleigh upon prior written request of a majority of its members (currently, any four of its members).

Repeals five sections of Chapter 163 (GS 163-21, providing for compensation of the State Board of Elections; GS 163-23, granting powers to the State Board of Elections chair; GS 163-26 and -27, creating the position of Executive Director of the State Board of Elections and setting compensation; and GS 163-28, establishing the State Board of Elections as an independent state agency).

Amends GS 163-30 to increase the membership of county boards of elections from three members to four and to require that two members be from the political party with the highest number of registered voters and the other two members be from the political party with the second highest number of registered voters.  The chairs and vice-chairs of the county boards serve for one-year terms and must be of different political parties; the political party affiliation of the chairs and vice-chairs must rotate on an annual basis. Provides that the members of the county boards of elections are to be appointed by the Board on the second Tuesday in July 2017, and in 2019, members of county boards of election are to be appointed by the Board on the last Tuesday in June, and every two years thereafter, serving two-year terms. Effective July 1, 2017.

Amends GS 163-31 to make technical and conforming changes and to provide that a majority vote requires three of the four members of the board. Effective July 1, 2017.

Amends GS 163-182.13 to require at least six members of the Board (was, four members) to agree to order a new election.

Amends GS 163-278.22(7) to require the Board to conclude all investigations of allegations of violations of campaign contributions and expenditures laws within one year from the start of the investigation unless the Board has reported the violation to the district attorney and deems additional investigation necessary. Effective May 1, 2017, and applies to investigations initiated on or after that date. 

Section 8 amends GS 120-70.141 to expand the powers of the Joint Legislative Elections Oversight Committee to include studying the Board’s budgets, programs, and policies as well as those of the county boards of elections.

Section 9 directs the chairs of the two political parties to submit a list of names to the Governor on or before April 20, 2017, and the Governor must make appointments from those lists no later than May 1, 2017. The State chairs of the two political parties cannot nominate, and the Governor cannot appoint, any individual who has served two or more full consecutive terms on the State Board of Elections or State Ethics Commission as of April 30, 2017. Effective when the act becomes law.

Section 10 directs the Governor to appoint a member of the State Board to serve as chair of the State Board until its first meeting in May 2019, at which time the State Board shall select its chairs in accordance with GS 163A‑2. Effective when the act becomes law.

Section 11 preserves the legal validity of quasi-legislative or quasi-judicial duties of the commissions being eliminated by the act that are transferred to the Board.

Section 12 preserves the validity of legal actions and proceedings pending on May 1, 2017, brought by or against the commissions being eliminated by the act and authorizes the Board to continue prosecution and defense of such proceedings. Provides that any business or other matter undertaken or commanded by any State program or office or contract transferred by this act to the Board pertaining to or connected with the functions, powers, obligations, and duties set forth, which is pending on May 1, 2017, can be conducted and completed by the Board in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the original program, office, or commissioners or directors thereof. 

Section 13 preserves the validity of any ongoing investigations or audits, and transfers to the Board any ongoing hearings or proceedings before the commissions being eliminated by the act on May 1, 2017; also preserves the legal validity of any prosecutions for offenses or violations committed before May 1, 2017, with the statutes that would be applicable but for this act remaining applicable to those prosecutions.

Section 14 preserves the validity of any rules and forms adopted by the commissions being eliminated by the act as provided in GS 150B-21.7. Provides that policies, procedures, and guidance remains in effect until amended or repealed by the Board. Establishes that the list of covered boards adopted by the Commission under GS 138A-11 as of April 30, 2017, is to continue in effect until amended or repealed by the Board.

Section 15 preserves the validity of statement of economic interest evaluations conducted by the State Ethics Commission (which is eliminated by the act).

Section 16 transfers all authority, powers, duties, functions, records, personnel, property, unexpended funds, budgeting and purchasing functions, and other administrative authorities of the commissions being eliminated by the act to the Board.

Section 17 restricts the new Board from appointing an Executive Director until May 2019. Names the current Executive Director of the State Board of Elections as of December 31, 2016, as the Executive Director of the Board until the Board appoints a new Executive Director.

Sections 18, 19, and 20 transfer the appropriations and resources of the commissions being eliminated by the act to the Board, and transfers the appropriations, resources, and personnel of the lobbying registration and enforcement functions of the Secretary of State to the Board. Section 20 of this act, transferring the appropriations and resources of the lobbying registration and enforcement functions of the Secretary of State to the Board, becomes effective October 1, 2017.

Section 21 requires the Board to report to the Joint Legislative Commission on Governmental Operations, Elections Oversight Committee, and Legislative Ethics Committee by April 1, 2018, and again by March 1, 2019, on statutory changes necessary to further implement the act.

Section 22 provides that the Board cannot administer or enforce Part 1, Part 3, or Part 6 of Article 8 of Chapter 163A of the General Statutes, and the Secretary of State is to maintain the authority to administer and enforce Articles 2, 4, and 8 of Chapter 120C of the General Statutes, as those Articles existed on May 1, 2017, until October 1, 2017. Except as otherwise provided, this act becomes effective May 1, 2017.

Intro. by D. Davis, Barefoot.GS 120, GS 120C, GS 126, GS 138A, GS 163, GS 163A
S 131 (2017-2018) REGULATORY REFORM ACT OF 2016. Filed Feb 23 2017, AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.

House amendments make the following changes to the 4th edition.

House amendment #1 changes the proposed statute of limitations provisions for land-use violations. 

Amends GS 1-51, concerning the statute of limitations to commence an action, adding new subdivision (5) providing for a five-year statute of limitations for a unit of local government to begin an action against the owner for a violation of a land use statute, ordinance, permit, or other official action in regards to land use (the 4th edition amended GS 1-52 and set a three-year statute of limitations). The action accrues upon the earlier of (1) the facts constituting the violation are known to the governing body or (2) the violation can be determined from the public record of the unit of local government. 

Amends GS 1-49 to add a new subdivision (3) to establish a seven-year statute of limitation for an action against the owner of an interest in real property by a unit of local government for a violation of a land use statute, ordinance, or permit or any other official action concerning land use carrying the effect of law (the 4th edition amended GS 1-50(a) and set a six-year statute of limitations). Provides that subdivision (8) does not limit the remedy of injunction for conditions actually injurious or dangerous to the public health or safety, but does prescribe an outside limitation of seven years from the earlier of the occurrence of any of the following: (1) the violation is apparent from a public right-of-way or (2) the violation is in plain view from a place to which the public is invited. Effective October 1, 2018, applying to actions commenced on or after that date.

House amendment #2

Deletes the proposed changes to GS 87-97 pertaining to the permitting, inspection, and testing of private drinking water wells, and now provides the following changes in GS 87-97.

Amends subsection (a) to establish that the local health department is the exclusive authority for the permitting of wells and well systems as described in GS 143-138(b17)(2).

Amends subsection (b) to allow the appropriate building inspector to request from the local health department the opportunity to inspect the activities authorized by a well permit. Requires the inspection to be performed prior to the final inspection performed by the local health department. Does not require the well inspector to be onsite for the inspection by the building inspector. Establishes that if an inspection by a building inspector after  the final inspection has been performed by the local health department is determined to be necessary for the protection of public health, safety, or welfare, the local building inspections department is responsible for (1) the additional costs for the inspection and related activities necessary for the inspection and (2) any damages to the well system caused during the inspection. Moves existing language providing for the authorizations included in a permit issued under the statute to new subsection (b2). 

Amends proposed subsection (b17) of GS 143-138, excluding private drinking water well installation, construction, and maintenance from the NC State Building Code. Modifies the second qualification for the exemption to require the scope of the work to be limited to the connection or disconnection of a well system to either the plumbing served by the well system or the electrical service that serves the well system. Adds new provision to clarify that, for purposes of subsection (b17), a well system includes the well, the pressure tank, the pressure switch, and all plumbing and electrical equipment in the well and between the well, pressure tank, and pressure switch. 

House amendment #3

Further amends GS 143-215.107A(c) to remove Haywood County from the counties required to perform motor vehicle emissions inspections. 

House amendment #4

Amends proposed subsection (b18) of GS 143-138, specifying certain building code classifications from the energy efficiency standards. Adds provision to clarify that the exclusion provided in new subsection (b18) applies to the entire floor area of any structure for which the primary use of occupancy is listed in the new subsection. 

S 252 (2017-2018) NORTH CAROLINA TEACHING FELLOWS. Filed Mar 14 2017, AN ACT TO REESTABLISH THE NORTH CAROLINA TEACHING FELLOWS PROGRAM.

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

Amends proposed GS 116-209.62, concerning the North Carolina Teaching Fellows Program (Program). Modifies subsection (b) to establish the North Carolina Teaching Fellows Program Trust Fund (previously, the North Carolina Teaching Fellows Fund). Makes conforming changes. Modifies subsection (c) to permit the State Education Assistance Authority to use up to $600,000 (was, $250,000) from the Trust Fund in each fiscal year for its administrative costs, the salary of the Director of the Program, expenses of the North Carolina Teaching Fellows Commission, and providing the Commission with funds to use for the extracurricular enhancement activities of the Program (previously, separately provided for the Commission to use up to $350,000 each fiscal year for the extracurricular enhancement activities of the Program). Amends subsection (d) to require the Director of the Program to report to the UNC President. Modifies the information relating to selected school outcomes by program that the Commission must annually report to the Joint Legislative Education Oversight Committee, beginning January 1, 2019.

Amends proposed GS 116-209.63, requiring all forgivable loans to be evidenced by notes made payable to the State Education Assistance Authority that bear interest at a rate not to exceed 10% per year as set by the Authority, and beginning on the first day of September (was, beginning 90 days) after completion of the program leading to teacher licensure, or 90 days after termination of the forgivable loan, whichever is earlier. Amends subsection (b) to provide that if the recipient completes a program leading to teacher licensure, payment of principal and interest begins no later than the first day of September (was, no later than 27 months) after the completion of the program. 

Deletes the appropriations provisions. Instead, amends GS 115C-472.16(b) to establish that the General Assembly must only appropriate moneys in the NC Education Endowment Fund for the forgivable loans for the North Carolina Teaching Fellows Program and administration of the North Carolina Teaching Fellows Program under Part 3 of Article 23 of GS Chapter 116 (currently, must only appropriate moneys in the NC Education Endowment Fund for teacher compensation that is related directly to improving student academic outcomes in NC public schools).

Provides that Sections 1 and 2 (which include all provisions of the act except for the proposed changes to GS 116-209.27(a)) of the act become effective only if funds are appropriated in a Current Operations Appropriations Act for the 2017-18 fiscal year to implement the provisions of Sections 1 and 2 of the act.

Intro. by Barefoot, Lee, Ballard.GS 116
S 618 (2017-2018) EDGE COMMITTEE DRAFT. Filed Apr 4 2017, AN ACT TO MAKE CERTAIN CHANGES TO ECONOMIC DEVELOPMENT INCENTIVES OF THE STATE TO CLARIFY THE IMPORTANCE OF USING DEVELOPMENT FUNDS IN THE MORE DISTRESSED AREAS OF THE STATE AND MAKE OTHER CHANGES.

Part I.

Amends GS 143B-431.01 by also prohibiting the Department of Commerce (Department) from contracting with a nonprofit for (1) site certification functions and activities performed by the Department or (2) the performance of functions, powers, duties, or obligations of any other State agency. Amends the mandatory contract terms for any contract that the Department enters into with a nonprofit for the performance of any of the Department's functions, powers, duties, and obligations, as follows: (1) requires the nonprofit's report on prior State fiscal year program activities, objectives, and accomplishments, as well as expenditures and fund sources, to also include for jobs anticipated to result from the nonprofit's efforts, the name and contact person of each company creating new jobs in the State and the location of each project; (2) specifies requirements for bonuses that are awarded for job performance, as reported in the nonprofit's report; and (3) adds that the contract must include a provision prohibiting the nonprofit from contracting with any State agency other than the Department for the performance of one or more of the agency's functions, powers, duties, or obligations.

Part II.

Amends the definitions used in Part 2F, E-NC Initiative, of Article 10 (Department of Commerce) of GS Chapter 143B. Specifies that the term eligible position does not include a position filled by a worker with an H-1B visa or H-1B status. Effective January 1, 2017.

Amends GS 143B-437.52 by amending the conditions that the Economic Investment Committee must find before entering into an agreement with business to provide grants, to require that the project be consistent with economic development goals for the State and for the area where it will be located, including anticipated effects the project described in the application will have on the development factors, as calculated under GS 143B-437.08, of the area. Effective January 1, 2017.

Effective January 1, 2018, amends the limitations on grant awards under GS 143B-437.52 to add of the maximum amount of total annual liability for grants awarded in a single calendar year, no more than 50% may be awarded for projects located in whole or in part in development tier three areas. Specifies that of the amount awarded for projects located in whole or in part in development tier three areas, no more than 50% may be awarded for projects located in whole or in part in attainment areas. These limitations  do not apply to a grant awarded to a high‑yield project.

Amends GS 143B-437.56, which limits the amount of a grant awarded in each case to a percentage of the withholdings of eligible positions for a period of years. Amends those percentages so that they are no more than: (1) 80% for a development tier one area; (2) 70% for a development tier two area; (3) 60% for a development tier three area that is not designated as an attainment area; and (4) 50% for a county designated as an attainment area (was, no more than 75% of any area other than a development tier one, which was no more than 80%). Adds that for any eligible position located in a county designated as an attainment area, 50% of the annual grant is payable to the business and 50% is payable to the Industrial Development Fund Utility Account (Utility Account). For any position located in a development tier three area that is not designated as an attainment area, 70% of the grant is payable to the business (was 75%) and 30% (was, 25%) is payable to the Utility Account. Effective January 1, 2017.

Amends GS 143B-437.72 by amending the provisions that must be included in an agreement between a local government and a grantee business. Prohibits the provisions concerning a commitment to create or retain a specified number of jobs within a specified salary range at a specified location from including the number of jobs filled by workers with H-1B visas or H-1B status. Amends the provisions that must be included in an agreement between the State and local governments by making the current matching requirements for local governments in a tier three area applicable to those that are not designated as an attainment area. Adds that for a local government in an attainment area, the State will provide no more than $1 for every $4 provided by the local government. Effective January 1, 2017.

Amends GS 143B-437.01, concerning the Utility Account, by adding that the Utility Account is to provide funds to assist in retaining, as well as creating, jobs, including expanding the existing job base. Makes conforming changes.

Part III.

Amend GS 143B-437.08 by deleting the provisions requiring adjustments to the development factor and specified exceptions. Adds that the Secretary of Commerce (Secretary) must cost adjust the national value for per capita income to determine the State value for that factor and determine the State value for the specified factors used in calculating the development factor. Using these metrics, requires the Secretary to create an index, as follows: (1) the State average rate of unemployment divided by the county's average rate, (2) the county's per capita income divided by the per capita income value for the State determined pursuant to this subsection, (3) the county's percentage growth in population divided by the State's percentage growth, and (4) the county's adjusted assessed property value per capita divided by the State adjusted assessed property value per capita. Requires the Secretary to then rank and publish all the counties according to their index scores, along with the value against which the factor is compared, from lowest to highest, with a separate designation for any county with performance greater than that of the benchmarks for all indexed development factors as an attainment area. An index score average and achievement area designation is effective only for the calendar year following the designation. Makes conforming changes to GS 143B-437.01, GS 143B-472.127, and GS 143B-472.128. Applies to economic development awards made and related determinations occurring on or after January 1, 2018.

Part IV.

Requires for each Collaboration for Prosperity Zone established in GS 143B‑28.1, the employees of the Department in the zone must examine each annual update of the plan; collate all information relevant to the zone, county, region, and other unit of local government in the zone; and provide a copy of the collated information to each unit of local government within the zone. Requires that the collated information also identify any additional regional assets not otherwise contained in the annual update. Requires for any asset identified in the annual update or identified by the employees an analysis to be performed to identify appropriate potential industries best suited to maximize the beneficial economic impact of each asset. Requires the Department to give the Economic Development and Global Engagement Joint Oversight Committee a list of any assets remaining in the collated information for more than two years by January 1 of each year.

Requires, for each Collaboration for Prosperity Zone established in GS 143B‑28.1, the employees of the Department in the zone to submit a report to the Joint Legislative Economic Development and Global Engagement Oversight Committee and the Fiscal Research Division on the following: (1) jobs anticipated to result from efforts of the employees, including the name and contact person of each company creating new jobs in the zone; (2) the location of each project, including the development tier designation of the location; and (3) project leads that were not submitted to the Department for possible discretionary incentives.

Part V.

Amends GS 143B-428, which sets out he Department's declaration of policy, by adding that the coordination of the state's economic development efforts is to emphasize maximizing the return on investment of economic development dollars by selecting projects and locations on the basis of providing the greatest relief to communities experiencing chronic economic distress.

Requires the Department to study ways to effectuate this policy clarification. Specifies issues to be included in the study. Requires a report to the Joint Legislative Oversight Committee on Economic Development and Global Engagement by October 1, 2017.

Amends GS 143B-437.07 to require the Department to use the index required by GS 143B‑437.08(c1) to create a plan for improving the performance of each county underperforming the benchmark in one or more indexed development factors to the benchmark performance level at the time the plan was created. Requires the plan to cover five years, and requires a new plan upon the plan's expiration. Requires the Department to publish and submit an annual progress report to the Joint Legislative Oversight Committee on Economic Development and Global Engagement that includes specified information. Requires that a copy of a plan for the first year be submitted after it is created and each progress report be submitted on or before April 1 of each year. Makes additional clarifying changes.

Specifies that for purposes of the initial plan required under GS 143B‑437.07, the Department must consult with and use data compiled by the Center for Competitive Economies at the Kenan‑Flagler Business School at UNC-CH for the study performed for the Joint Legislative Oversight Committee on Economic Development and Global Engagement.

Part VI.

Unless otherwise provided, the act is effective when it becomes law. 

Intro. by Brown, Britt, Lee.STUDY, GS 143B
S 622 (2017-2018) BUSINESS CORPORATION ACT REVISIONS. Filed Apr 4 2017, AN ACT TO MAKE VARIOUS REVISIONS TO THE NORTH CAROLINA BUSINESS CORPORATION ACT.

Amends GS 55-1-22 to direct the Secretary of State to collect a $150 filing fee for articles of validation.

Amends GS 55-2-02(b) to provide that articles of incorporation may set forth any or all of the listed information (currently, does not specify any or all). Authorizes articles of incorporation to also set forth a provision limiting or eliminating any duty of a director, officer, or other person to first offer business opportunities to the corporation prior to persons taking the opportunity for themselves.

Enacts new GS Chapter 55, Article 1, Part 6 (Ratification of Defective Corporate Actions), as follows.

Defines eight terms as they are used in the Part.

Provides that defective corporate actions are not void or voidable if ratified or validated. Provides that ratification or validation under this Part are not the exclusive means of ratifying or validating defective corporate action, and absence or failure of ratification or verification does not affect validity or effectiveness of ratification under common law or otherwise, nor does it create a presumption of voidness or voidability. Provides for the validity of overissuance of putative shares upon a corresponding effectiveness of an amendment to the articles of incorporation, or the effectiveness of any other corporate action ratifying the authorization, designation, or creation of the shares.

Provides for a board of directors to ratify a defective corporate action by taking an action, as described below, that states four listed things relating to the defective action. Provides for a majority of sitting persons exercising the powers of directors to ratify defective corporate actions relating to the election of the initial board of directors by taking an action that states three listed things relating to the election. Provides for the submission of ratification of defective actions to shareholder approval, if required by statute or corporate governing documents as listed. Authorizes boards of directors to abandon a ratification submitted to shareholder approval at any time prior to the validation, unless otherwise provided in the directors' action.

Provides that quorum and voting requirements for ratification of an action by a board of directors, and for approval of ratification by shareholders in circumstances that do not involve the approval of an election of a director, are those as of the time the ratifying or approving action is taken. Requires notice, as specified, to shareholders for ratifying actions that require shareholder approval. Provides a specific quorum and voting requirements for shareholders approving the election of a director. Provides that putative shareholders are not entitled to vote nor counted for quorum purposes in votes to approve the ratification of any defective corporate action. Requires approvals of putative shares resulting in overissue to be accompanied by approval of an amendment to the articles of incorporation authorizing the shares.

Requires notice, as specified, to shareholders for actions not requiring shareholder approval.

Provides that ratification makes defective corporate actions, and any corporate actions taken subsequent to or subsequent defective corporate actions resulting directly or indirectly from the original defective action, not void or voidable as a result of the defect in authority identified in the ratifying action, and that issued putative shares are not void or voidable.

If a corporation ratifies a defective action that would have required a filing under GS Chapter 55, the corporation must file articles of validation, which will serve as an amendment to or substitute for the otherwise required filing. Provides requirements for the contents of articles of validation.

Authorizes courts, upon application by the corporation or other listed parties, to determine the validity and effectiveness of any corporate action, defective corporate action, ratification, or putative shares. Requires service of process on the corporation, and authorizes the court to require notice to and authorize intervention by other persons. Requires actions asserting an ineffective ratification to be brought within 120 days of the validation effective date.

Amends GS 55-7-25 to provide that voting by one or more series of shareholders as separate groups is subject to the requirements for articles of incorporation within GS 55-10-04(c).

Amends GS 55-7-30 to authorize voting trusts created on or after October 1, 2017, to be subject to duration limits set forth in the voting trust (currently, statutory limit of 10 years). Provides that voting trusts that became effective prior to that date remain subject to the current statutory limit of 10 years, unless amended to provide otherwise by agreement of the parties to the voting trust. Directs the voting trustee to deliver copies of amendments and lists of signing beneficial owners to the corporation's principal office.

Amends GS 55-7-31 to delete the provision in subsection (a) restricting the duration of shareholders' voting rights agreements to 10 years. Provides that shareholder agreements under subsection (a) are not subject to GS 55-7-30, and are specifically enforceable. Deletes subsections (b) concerning the validity of written agreements to which all shareholders have assented and concerning any phase of corporate affairs, and the validity of written agreements between any subset of shareholders that allegedly interferes with the discretion of directors. Provides for the validity of shareholder agreements, except in the case of public corporations, that does any or all of eight listed things including eliminating the board of directors, whether or not the agreement is consistent with other provisions in GS Chapter 55. Provides requirements for the creation and amendment of such agreements. Requires notice on outstanding shares of the existence of such an agreement, and provides for the rescission of sale of shares when notice is not provided. Provides that such agreements are no longer effective when the corporation becomes a public corporation. Protects shareholders from personal liability, even if the agreement treats the corporation as a partnership or fails to observe corporate formalities. Provides for duration limits on agreements under this statute, either as described in the agreement, or for 10 years, depending on when the agreement is effective, extended, or renewed. Makes a technical change.

Amends GS 55-8-11 to provide that boards of directors may fix director compensation for services in any capacity without regard to personal interest. Compensation is presumed fair to the corporation unless proven unfair by a preponderance of the evidence.

Amends GS 55-8-24(d) to apply those provisions regarding assent of an absent director to absences from subcommittee meetings, and to provide that avoiding assent requires meeting all of the listed requirements (currently, the director must only meet one of the requirements). Makes technical changes.

Amends GS 55-8-25 to provide that committees may create subcommittees consisting of one or more members of the committee, and delegate powers and authority of the committee to the subcommittee, unless otherwise provided in governing documents or resolutions. Authorizes the board of directors to appoint alternate members of committees to replace absent or disqualified members at committee or subcommittee meetings. Makes technical and conforming changes.

Amends GS 55-8-58 to provide that rights of indemnification or to advances for expenses may not be eliminated or impaired with regard to a particular act or omission, after the occurrence of the act or omission, except for rights created under GS 55-8-57(a) when the provision creating the right and in effect at the time of the act or omission explicitly authorizes their elimination or impairment after the occurrence of an act or omission.

Amends GS 55-11-01(b) to further authorize plans of merger to set forth provisions for the cancelling of shares in the required provisions regarding the shares of each corporation.

Amends GS 55-11-03 to provide that approval by corporate shareholders of a plan of merger or share exchange is not required, unless otherwise required by the articles of incorporation, if eight listed requirements in new subsection (j) are met. Defines terms as they are used in new subsection (j). Makes conforming changes.

Amends the title of GS 55-11-04.

Amends GS 55-11-10(c) to further require the written plan of merger to include, if the surviving business entity is not authorized to transact business or conduct affairs in this State, a designation of its mailing address and a commitment to file with the Secretary of State a statement of any subsequent change in address, and if applicable, the manner of cancelling interests in the merging businesses.

Repeals GS 55-11-10(e) and (e1), regarding the effective date and effectiveness of a plan of merger.

Recodifies GS 55-11-11 (merger to effect a holding company reorganization) as GS 55-11-20 and makes conforming changes.

Enacts new GS 55-11-12 (Merger between parent unincorporated entity and subsidiary corporation or corporations). Authorizes parent unincorporated entities owning at least 90% of voting shares of each class and series of a domestic subsidiary and that have the power to vote in director elections at the time of merger under this statute to merge the subsidiary or subsidiaries into itself, or merge itself and a subsidiary into another subsidiary corporation, without approval of the board of directors or shareholders of the subsidiary corporation or corporations, unless the articles of incorporation requires approval of the subsidiary's shareholders, if the merger is permitted by the laws governing each each merging entity, and each entity complies with this statute and laws governing each entity. Requires the affirmative approval of any shareholder that will have personal liability for any existing or future obligation of the surviving entity solely as a result of holding interest in the surviving entity. Requires notice to shareholders of the subsidiary corporation, if the parent does not own all shares. Directs the surviving entity to deliver articles of merger to the Secretary of State, with specified content included in them.

Enacts new GS 55-11-13 (Effect of merger with unincorporated entity). Provides that mergers under GS 55-11-10 or new GS 55-11-12 has seven listed effects concerning the existence, property, liabilities, litigation, articles of incorporation, interests in, and appraisal rights of the merging and surviving entities. Provides that the merger does not affect the liability or absence of liability of any holder of an interest in a merging business entity incurred prior to the merger. Deems surviving business entities that are not domestic listed entities to have agreed that they may be served with process in this State as specified, and have appointed the Secretary of State as their agent for service of process, as specified.

Amends GS 55-13-02 (Right to appraisal). Deletes provisions requiring the shareholder to be entitled to a vote on a merger, share exchange, or disposition of assets to exercise its rights to appraisal regarding those events. Provides a right to appraisal for mergers under new GS 55-11-12. Provides that articles of incorporation and accompanying amendments may not limit or eliminate appraisal rights for a class or series of preferred shares if the class or series does not have the right to vote separately as a voting group on the action or if the action is an amendment to the articles of incorporation that changes the corporation into a nonprofit corporation or cooperative organization. Makes conforming and technical changes.

Amends GS 15-13-21 to further require shareholders wishing to assert appraisal rights on actions approved by less than unanimous written consent to deliver to the corporation, before the proposed action becomes effective, written notice of the shareholder's intent to demand payment if the proposed action is effectuated, except if the notice required by GS 55-13-02(c) is given less than 25 days prior to the date the proposed action is effectuated. Provides written notice requirements for shareholders wishing to assert appraisal rights with respect to actions under new GS 55-11-03(j) and a particular class or series of shares that do not require shareholder approval, and requires the shareholder to not tender any shares of the class or series in response to the offer.

Amends GS 55A-11-09(c) to require the written plan of merger required under that statute to include, if applicable, the manner and basis of cancelling interests in the merging entities.

Amends GS 55-8-30, GS 55-8-31, GS 55-8-42(d), GS 55-10-03(b), GS 55-10-20(a), GS 55-11-06(a), GS 55-13-01(7), GS 55-13-20, GS 55-13-22(a), GS 57D-9-41(a), GS 59-73.31(a), and GS 59-1071(a) to make conforming and technical changes.

Directs the Revisor of Statutes to print all relevant portions of the Official Comments to the Model Business Corporation Act and the explanatory comments of the drafters of this act.

Effective October 1, 2017.

Intro. by Barringer, Newton.GS 55, GS 55A, GS 57D, GS 59
S 628 (2017-2018) VARIOUS CHANGES TO THE REVENUE LAWS. Filed Apr 4 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE REVENUE LAWS.

Part I. Business Tax Changes

Amends GS 105-114, deleting subsection (a), which provides that taxes levied upon persons and partnerships in Article 3 are for the privilege of engaging in business or doing the act named. Modifies subsection (a1) setting out the scope of the tax levied under Article 3, providing that the tax levied under the Article upon corporations is a privilege tax (currently, a privilege or excise tax) levied upon corporations organized under the laws of North Carolina and corporations not organized under the laws of North Carolina, as described. Makes conforming changes to subsections (a2), (a3), and (a4). Amends subsection (a3) to provide that the tax levied in Article 3 is for the income year of the corporation in which the taxes become due (currently, for the fiscal year of the State in which taxes become due, except that the taxes levied in GS 105-122 are for the income year of the corporation in which the taxes become due). Amends subsection (a4), prohibiting double taxation of holding companies under GS 105-122 and GS 105-202.2, to remove the provision limiting the application of GS 105-122 only to the extent those taxes levied exceed the taxes levied in other sections of Article 3 on the corporation or on a limited liability company whose assets must be included in the corporations's tax base under GS 105-114.1.

Amends GS 105-120.2(c), describing a holding company as a corporation that satisfies at least one of the specified conditions, to amend the second condition that constitutes a holding company to be that the corporation receives during a taxable year more than 80% of its gross income from corporations in which it owns directly or indirectly more than 50% of the outstanding stock, voting capital interests, or ownership interests (currently, owning ownership interests is not included).

Expands GS 105-122(a), providing that an annual franchise or privilege tax is imposed on a corporation doing business in North Carolina for the privilege of doing business in North Carolina and for the continuance of articles of incorporation or domestication of each corporation in North Carolina. Makes organizational change to separate existing provisions concerning the corporate tax base and tax rate, both currently in subsection (d). Places provisions concerning the corporate tax base in subsection (d). Provides that a corporation's tax base is the greater of (1) the proportion of its net worth, (2) 55% of its appraised value as determined for ad valorem taxation of all the real estate and tangible personal property in the state, or (3) its total actual investment in tangible property in the state. Makes further organizational and technical changes to subsection (d). Adds new subsection (d2) providing for the corporate tax rate, substantively identical to the current tax rate. Sets the tax rate at $1.50 per $1,000 of the corporation's tax base as determined in subsection (d), and prohibits the tax imposed to be less than $200. Effective for taxable years beginning on or after January 1, 2018, and is applicable to the calculation of franchise tax reported on the 2017 and later corporate income tax returns.

Amends GS 105-129.106(b), concerning the tax credit for rehabilitating a non-income-producing historic structure, clarifying that in the event that the taxpayer is a transferee of a State-certified historic structure for which rehabilitation expenses were made, the taxpayer is allowed a credit for the rehabilitation expenses made by the transferor if the transfer takes place before the structure is placed in service. Adds requirement for the transferor to provide the transferee with documentation detailing the amount of rehabilitation expenses and credit. Effective for taxable years beginning on or after January 1, 2017.

Amends GS 105-130.4(a), containing the definitions for terms pertaining to the allocation and apportionment of income for corporations. Amends the definition provided for apportionable income to now define the term to mean all income that is apportionable under the US Constitution, including income that arises from transactions and activities in the regular course of the taxpayer's trade or business, or tangible and intangible property if the acquisition, management, employment, development, or disposition of the property is or was related to the operation of the taxpayer's trade or business. Adds the term "business activity" (previously provided in subsection (b)). Makes technical and organizational changes.

Makes further clarifying, conforming and technical changes to GS 105-130.4 concerning the allocation and apportionment of income for corporations. Amends subsection (m), pertaining to apportionable income of a railroad company, to provide that the records from which the company is to apportion NC income must be kept in accordance with generally accepted accounting principles (previously, in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission). Makes organizational changes to subsection (m)'s defined terms. Deletes subsections (n) and (q), setting out provisions for the apportionable income of telephone and telegraph companies. Consolidates subsection (p), concerning approtionable income of a motor carrier of passengers (now referred to as a motor carrier of people) into subsection (o), concerning apportionable income of a motor carrier of property. Now provides that vehicle miles in amended subsection (o) means miles traveled by vehicles owned or operated by the company based on (1) miles on a scheduled route, (2) miles hauling property for a charge, or (3) miles carrying passengers for a fare. Amends subsection (r), concerning the apportionable income of an excluded corporation and of all other public utilities, to set out the definitions of excluded corporation and public utility (previously provided in subsection (a)). Adds new subsection (s2), establishing that receipts from transportation of a petroleum-based liquids pipeline company or gas pipeline company are to be apportioned by multiplying the income by a fraction, the numerator being the number of traffic units in North Carolina during the tax year, and the denominator being the total number of traffic units everywhere during the tax year. Provides that traffic unit means (1) barrel mile, (2) cubic foot mile, and/or (3) another appropriate measure of product movement. Effective for taxable years beginning on or after January 1, 2017.

Amends GS 105-130.7B, concerning limitations on qualified interest for certain indebtedness, to modify the definition of qualified interest expense as the amount of net interest expense paid or accrued to a related member in a taxable year with the amount limited to the taxpayer's proportionate share of interest paid or accrued to a person who is not a related member during the same taxable year (previously, limited the amount to the greater of 15% of the taxpayer's adjusted taxable income or the taxpayer's described proportionate share). Makes conforming change to repeal GS 105-130.7B(b)(1), defining adjusted taxable income for purposes of the statute. Effective for taxable years beginning on or after January 1, 2017. 

Amends GS 105-131.5, pertaining to prorating a part-year resident shareholder of an S corporation's attributable income to the State, to refer to GS 105-153.4 (provisions for calculating NC taxable income for taxable years beginning on or after January 1, 2014, and before January 1, 2015) instead of GS 105-134.5 for determining the pro rata share. Effective for taxable years beginning on or after January 1, 2014.

Amends GS 105-131.7 to make technical corrections to the statutory references concerning income attributable to the State and income not attributable to the State of an S corporation.

Amends GS 105-134.1 and GS 105-153.3, the definitions applicable to individual income tax provisions, to add a new subsection (5a) to each statute defining guaranteed payments as the term is defined in section 707(c) of the Internal Revenue Code.

Amends GS 105-134.5(d) and GS 105-153.4(d) to make clarifying changes to the formula used to determine a shareholder's pro rata share of S corporation income. In order to calculate the numerator of the fraction provided in subsection (b) of each statute for a partner in a partnership or a member of another unincorporated business that has one or more nonresident partners or members and operates in one or more other states, the amount of the partner's or member's distributive share of income of the business (as modified by GS 105-153.5 and GS 105-153.6 for the calculation in GS 105-153.4) plus any guaranteed payments made to a partner from the partnership that is includable in the numerator is determined by multiplying the total net income of the business by the ratio ascertained under the provisions of GS 105‑130.4.

Amends GS 105-154(c), pertaining to information returns of partnerships. Requires the information return filed with the Secretary of Revenue to include each partner's distributive share of the partnership's income (previously, the part of each person's distributive share of the net income that represents corporation dividends). Provides that a partner's distributive share of partnership net income includes any guaranteed payments made to a partner as defined in GS 105-134.1. Amends GS 105-154(d), pertaining to the payment of tax on behalf of a nonresident owner or partner. Requires the manager of the business to report information concerning the earnings of the business in North Carolina (previously, just the earnings of the business in North Carolina), the distributive share of the income of each nonresident owner or partner, and any other information required by the Secretary. Adds that the distributive share of the income of each nonresident partner includes any guaranteed payments made to the partner as defined in GS 105-134.1. In requiring the manager to pay the tax on each nonresident owner or partner's share of the income, permits the business to deduct the payment for each nonresident owner or partner from the owner or partner's distributive share of the income of the business in North Carolina (was, of the profits of the business in North Carolina).

Amends GS 105-228.4A, concerning tax on captive insurance companies. Provides that two or more captive insurance companies under common ownership and control are taxed under the statute as a single captive insurance company, other than when a protected cell captive insurance company or a special purpose captive insurance company is structured in a manner similar to that of a protected cell captive insurance company. Modifies subsection (f), concerning total tax liability under the statute for a captive insurance company, to now provide the following. Establishes that the aggregate amount of tax payable under the statute for a captive insurance company, which has a cell or series structure similar to that of a protected cell captive insurance company, to be no more than $100,000 and no less than $5,000. Sets the minimum tax under the statute for a protected cell captive insurance company or a special purpose captive insurance company, which has a cell or series structure similar to that of a protected cell captive insurance company, to not be less than $5,000 and applies to the protected cell captive insurance company or special purpose captive insurance company as a whole and not to each cell or series. The maximum tax to be paid by a protected cell captive insurance company or a special purpose captive insurance company, which has a cell or series structure, is to be the greater of either $5,000 or the aggregate of the tax liabilities of the core and each cell or series within the insurance company. The maximum tax liability attributed to any one cell or series of the insurance company is set at $100,000. Adds new subsection (g) to define common ownership and ownership and control. Effective for taxable years beginning on or after January 1, 2017.

Amends GS 105-228.5(d)(3), setting forth an additional tax on property coverage contracts, to clarify that the additional tax imposed on property coverage contracts is a special purpose assessment based on gross premiums and not a gross premiums tax.

Provides the following clarifications: The gross premiums tax is a tax imposed on the gross premiums of insurers, Article 65 corporations, health maintenance organizations, and self‑insurers; entities subject to the gross premiums tax are not subject to franchise or income taxes; and in SL 2009‑548, the General Assembly broadened the taxes against which the business and energy tax credits could be taken from income and franchise taxes to income, franchise, and gross premiums taxes.

Further provides: The gross premiums tax rate is set in GS 105‑228.5(d)(1) and (2); separate and apart from the gross premiums taxes, GS 105‑228.5(d)(3) imposes an additional tax that is calculated using a person's gross premiums but is not considered part of the gross premiums tax imposition; the Department of Revenue has historically administered the gross premiums tax and the additional tax imposed under GS 105‑228.5 as two separate and distinct taxes; satisfied with this administration, the General Assembly did not address the separate treatment of the two taxes in SL 2009‑548; and it is the intent of this provision to further clarify for taxpayers the accuracy of and to endorse the Department's interpretation of the current and continuing state of the law by expressly codifying the long‑standing interpretation of the additional tax imposed by GS 105‑228.5(d)(3) as a separate and distinct tax that is based upon gross premiums but is not a gross premiums tax.

Part II. Sales and Use Tax

Amends GS 105-164.3, setting forth the definitions for the sales and use tax provisions. Amends the definitions provided for bundled transaction; landscaping service; motor vehicle service contract; real property; real property contract; repair, maintenance, and installation services; and service contract. Adds and defines the terms capital improvement, free-standing appliance, and mixed transaction contract.

Amends GS 105-164.4(a), setting forth the percentage rates for the privilege tax imposed on retailers and certain facilitators. Amends subdivision (1), providing that the general rate of tax applies to the sales price of each item or article of tangible personal property sold at retail and not subject to tax under another subdivision of subsection (a). Adds that a sale of a free-standing appliance is a retail sale of tangible personal property, regardless of whether the property is installed or applied to real property. Makes organizational and technical changes to consolidate subdivision (13) into subdivision (16), providing that a mixed transaction contract and real property contract are taxed in accordance with GS 105-164.4H.

Amends GS 105-164.4B(a) to establish that a service is sourced where the purchase can potentially first make use of the service, except as otherwise provided by the statute.

Amends GS 105-164.4H, pertaining to taxation of real property contracts.

Adds new subsection (a1), providing as follows. Generally, services to real property are retail sales of, or the gross receipts derived from, repair, maintenance, and installation services and subject to tax in accordance with GS 105‑164.4(a)(16) (as amended) unless a person substantiates that a transaction is subject to tax as a real property contract in accordance with subsection (a) of this section, subject to tax as a mixed transaction in accordance with subsection (d) of this section, or the transaction is not subject to tax. A person may substantiate that a contract is a real property contract by records that establish the transaction is a real property contract or by receipt of an affidavit of capital improvement. The receipt of an affidavit of capital improvement from another person accepted in good faith establishes that the subcontractor or other person receiving the affidavit should treat the transaction as a capital improvement, and the transaction is subject to tax in accordance with subsection (a) of this section. A person that issues an affidavit of capital improvement is liable for any tax on the transaction if it is determined that the transaction is not a capital improvement. Directs the Secretary to determine when a person must issue an affidavit of capital improvement. The Secretary can establish guidelines for transactions where an affidavit of capital improvement is not required, but rather a person may establish by records that such transactions are subject to tax in accordance with subsection (a) of this section. Adds to subsection (b1), concerning joint and several liability in real property contracts, to provide that a person who receives an affidavit of capital improvement accepted in good faith is not liable for any tax on the gross receipts from the transaction if it is determined that the transaction is not a capital improvement. 

Amends subsection (d), pertaining to taxation of mixed transaction contracts. Provides that (1) if the price of the taxable repair, maintenance, and installation services included in the contract does not exceed 25% (was, 10%) of the contract price, then the repair, maintenance, and installation services portion of the contract, and the tangible personal property, digital property, or services used to perform that service, are taxable as a real property contract in accordance with this provision and (2) if the price of the taxable repair, maintenance, and installation services included in the contract is equal to or greater than 75% (was, 10%) of the contract price, then the gross receipts derived from the capital improvement portion of the contract are taxable as repair, maintenance, and installation services in accordance with Article 5. Amends subsection (e), setting forth the definitions that apply to the Article. Modifies the definitions for capital improvement and remodeling. Adds and defines the term renovation

Amends GS 105-164.4I, pertaining to the taxation of service contracts, to delete the exemptions provided in subsection (b). Expands the exceptions set out in subsection (c) to add a contract to provide a certified operator for a wastewater system and a contract to provide landscaping, pest control, or moving services. Makes technical and clarifying changes.

Amends GS 105-164.13, delineating express exemptions from the retail sale and use tax. Modifies and adds to five subdivisions (subdivision (61), concerning a motor vehicle service contract; subdivision (61a), concerning certain repair, maintenance, and installation services and service contracts; subdivision (61c), concerning installation charges that are part of the sales price of tangible personal property purchased by a real property contractor to fulfill a real property contract for an item installed or applied to real property; subdivision (62), concerning an item or repair, maintenance, and installation services to maintain, monitor, inspect, or repair tangible personal property, real property, or digital property pursuant to a service contract; and subdivision (65), concerning sales of certain items from a professional motorsports racing team). Makes further clarifying, organizational, and technical changes to those subdivisions. 

Amends GS 105-164.14(a) to authorize a tax refund for an interstate carrier of part of the sales and use taxes paid by it on the purchase in this state of railway cars and locomotives and fuel, lubricants, repair parts, accessories, and repair, maintenance, and installation services of a motor vehicle, railroad car, locomotive, or airplane the carrier operates (previously, did not include in the refund the repair, maintenance, and installation services for the vehicles, cars, locomotives or airplanes). Makes conforming changes to subdivision (1) concerning the information and proof required to be furnished by an applicant to the Secretary for a refund. Effective retroactively to January 1, 2017.

Establishes that, if the Secretary of Revenue determines that a seller paid sales and use taxes on a product and the seller used the product purchased for a taxable repair, maintenance, and installation service to real property, the Secretary may allow the seller to offset the sales tax liability on the taxable repair, maintenance, and installation service with the sales and use tax paid on the products. Effective retroactively to January 1, 2017, and expires on July 1, 2018.

Part III. Tax Collection and Enforcement

Amends GS 105-236(a), setting forth civil penalties and criminal offenses.

Modifies subdivision (7), making any person who willfully attempts or any person who aids or abets any person to attempt in any manner to evade or defeat a tax or its payment, in addition to other penalties provided by law, guilty of either (1) a Class F felony if violation involves less than $100,000 or (2) a Class C felony for any other violation (currently, guilty of a Class H felony, with no differentiation as to the amount involved in the violation). 

Modifies subdivision (9) to make the willful failure to file a tax return, supply information, or pay any tax a Class 1 misdemeanor for the first offense and a Class H felony for any second or subsequent offense (currently, Class 1 misdemeanor for any offense).

Adds new subdivision (9b), providing that a person who commits identity theft in violation of GS 14-113.20 is guilty as provided in GS 14-113.22(a) (punishable as a Class G felony or a Class F felony depending on aggravated factors). Provides that each document filed with identifying information of another can be considered a separate offense. Provides that identifying information can also include legal name, date of birth, taxpayer identification number, and federal identification number. 

Amends GS 105-235, to permit the Secretary of Revenue, at the Secretary's discretion (previously, mandatory), to consider each day of the described failure, refusal, or neglect to be a separate and distinct offense. 

Amends GS 105-251.2, pertaining to compliance information requests, to add two new subsections. New subsection (c) requires, for any year in which a payment settlement entity is required to make a return pursuant to Section 6050W of the Internal Revenue Code, the entity to submit the information in the return to the Secretary at the time the return is made. New subsection (d) requires reports made under the statute to be submitted in electronic format as requested by the Secretary, and subjects any report not timely filed under the statute to a $1,000 penalty.

Amends GS 39-23.1, setting out the definitions that apply to the Uniform Voidable Transactions Act, to define voidable transaction, providing the term does not include payment to the State or a political subdivision of the State of taxes, debts, fines, penalties, or other obligations or amounts. Makes conforming change to GS 39-23.8(e), listing transfers that are not voidable under GS 39-23.4(a)(2) or GS 39-23.5.

Part IV. Administrative Changes

Amends GS 105-241.7(d) to provide that a notice of the proposed denial of a request for a refund issued pursuant to subsection (c) and a notice of denial of a request for a refund issued pursuant to subsection (c1) of the statute must contain the specified information. Makes conforming changes to the specified information to be included in the notice under subsection (d). Amends GS 105-241.7(f), establishing that a proposed denial of a refund and a denial of a refund by the Secretary of Revenue are presumed to be correct.

Amends GS 105-241.11, requiring a taxpayer's request for a Department review of a proposed denial of a refund or a proposed assessment of tax to be in the form prescribed by the Secretary of Revenue and include an explanation for the request for review. Makes clarification in subsection (c) to provide that a taxpayer who does not request a Departmental review of a proposed assessment cannot request a Departmental review of a failure to pay a penalty based on the assessment but is assessed on a subsequent date in another notice. Makes clarifying change to the statute's title.

Renames GS 105-241.12, as Taxpayer inaction. Expands the statute's provisions to include when a taxpayer fails to respond to the Department's request for additional information under GS 105-241.13(a), resulting in the proposed denial as final and not subject to further administrative or judicial review. Makes conforming change to subsection (b), which requires the Department of Revenue to send the taxpayer a notice of collection before the Department collects a proposed assessment that becomes final under subsection (b).

Modifies the actions the Department of Revenue must take when a taxpayer files a timely request for a Department review of a proposed denial of a refund or a proposed assessment in GS 105-241.13(a). Now provides that the Department must conduct a review of the proposed denial or proposed assessment and (1) grant the refund or remove the assessment, (2) adjust the amount of the tax due or refund owed, or (3) request additional information from the taxpayer concerning the requested refund or proposed assessment. Makes conforming changes providing that a taxpayer's failure to respond to the Department's request for additional information by the requested response date will result in the refund or assessment being subject to the provisions of GS 105‑241.12. Adds new subsection (a1), setting out that if a taxpayer timely requests a Departmental review of a proposed assessment and thereafter pays the amount due or the amount due as adjusted by the Department, the Department may accept payment and take no further action on the request for Departmental review, unless the taxpayer states in writing that the taxpayer wishes to continue the Departmental review. In the case that the review is not continued, the taxpayer may request a refund of taxes paid pursuant to GS 105‑241.7(b).

Modifies subsection (b) of GS 105-241.13, requiring the Department to schedule a conference with the taxpayer when the actions under subsection (a) or (a1) of the statute do not resolve the Departmental review. Clarifies that the taxpayer is not limited by the explanation set forth in the taxpayer's request for review in presenting any objections to the proposed denial of refund or proposed assessment at the conference. Modifies subsection (c) that sets forth at least one outcome that must occur after the conference, providing that one outcome can be that the Department and the taxpayer agree on a resolution (was, agree on a settlement).

Makes technical change to GS 105-241.16 (judicial review of decision after contested case hearing) to replace the term "taxpayer" with "party." 

Makes conforming change to GS 105-241.22 (collection of tax) to reflect changes made to GS 105-241.12 concerning taxpayer inaction.

Makes technical change to GS 105-113.4A (tobacco product licenses) to reference a licensee instead of a license holder. Renames GS 105-113.4B, Cancellation or revocation of license (was, Reasons why the Secretary can cancel a license). Conforms the language of GS 105-241.22 and GS 105-113.4A to this change. Clarifies that the Secretary can revoke the license of a licensee that fails to obtain a license in a timely manner or for all places of business as required by Article 2A after holding a hearing on whether the license should be revoked.

Renames GS 105-449.47 Licensure of vehicles (was, Registration of vehicles). Makes conforming changes to the following statutes in Articles 36B: GS 105-449.44(c), GS 105-449.45(b), GS 105-449.47A, GS 105-449.49(a), GS 105-449.51, and GS 105-449.52.

Makes clarifying change to GS 105-449.44(c), providing how to determine the amount of fuel used in the State for purposes of taxing carriers using fuel purchased outside the State, to provide that the number of qualified motor vehicles of a carrier that is not licensed under Article 36B is the number of qualified motor vehicles licensed or registered by the motor carrier in the carrier's base state under the International Registration Plan.

Amends GS 105-449.47, renamed Licensure of vehicles, to provide that the statute applies to a motor carrier that operates a recreational vehicle used in connection with any business endeavor (was, that is considered a qualified motor vehicle).

Renames GS 105-449.47A Denial of license application and decal issuance. Makes change to refer to the Secretary's revocation (instead of cancellation) of a license. Makes conforming changes. 

Renames GS 105-449.73 Denial of license application, establishing that the Secretary of Revenue can refuse to issue a license if the applicant has done any of the specified actions. Provides for denial when the applicant had a license or registration issued under Article 36C or 36A revoked by the Secretary (was, revoked for cause), or had a motor fuel license or registration issued in another state revoked (was, cancelled for cause). Amends GS 105-449.74 (Issuance of a license for gasoline, diesel, and blends) to refer to a licensee instead of a license holder. Makes conforming changes to reflect the above revisions to: GS 105-449.68, GS 105-449.75, GS 105-449.76, GS 105-449.77(b), GS 105-449.92, GS 105-449.97(a), GS 105-449.98(b), and GS 105-449.104. Makes clarifying changes to GS 105-449.76.

Amends GS 105-449.110(a) to require the Secretary of Revenue, upon determining that an application for refund is incorrect, to send the applicant a proposed denial of the request for a refund. Establishes that the provisions of Article 9 apply to the procedure for requesting a review of proposed denial of a refund sought under Article 36C.

Renames GS 105-449.134 Denial, revocation, or cancellation of a license and adds that the Secretary may also revoke a license. Amends GS 105-449.135 (Issuance of license and notification of changes pertaining to alternative fuel in Article 36D) to refer to a "licensee" instead of a "license holder." Makes conforming changes to reflect those revisions to GS 105-449.135 and GS 105-449.139.

Makes clarifying changes to GS 119-19 (in Article 3, Gasoline and Oil Inspection). Authorizes the Secretary of Revenue to cancel or revoke a license issued under the Article. Changes language to refer to a "licensee" instead of a "license holder." Makes conforming changes.

Amends GS 105-259(b) to allow tax information to be disclosed for the purpose of providing to the Office of Child Support and Enforcement of the Department of Health and Human Services State tax information that relates to noncustodial parent location information as required under 45 CFR 303.3 and Title IV-D of the Social Security Act.

Part IV is effective when it becomes law and applies to requests for review filed on or after that date and to requests for review pending on that date for which the Department reissues a request for additional information, allows the taxpayer time to respond by the requested response date, and provides notification to the taxpayer that failure to timely respond to the request will result in the request for review being subject to the provisions of GS 105‑241.12.

Part V. Property Tax

Amends GS 105-330.3(a1), pertaining to the listing requirements for unregistered classified motor vehicles. Modifies the provisions that apply to any months for which the applicable vehicle was not taxed between the date the registration expired and the start of the current registered vehicle tax year. Provides that the value of the motor vehicle is determined as of January 1 of the year in which the taxes are computed. Further provides that the taxes are due on September 1 following the date the notice was prepared. Adds that taxes are payable at par or face amount if paid before January 6 following the due date, and taxes paid on or after January 6 following the due date are subject to interest charges. Provides that interest accrues on taxes paid on or after January 6 pursuant to GS 105-360. Eliminates previous interest provisions. Effective for taxes imposed for taxable years beginning on or after July 1, 2017.

Amends GS 105-330.6(c), concerning the surrendering of plates and applying for a tax release or refund, to apply the statute's provisions to an owner of a classified motor vehicle who pays the tax as required by GS 105-330.4(a) (currently, to the owner of a classified motor vehicle listed pursuant to GS 105-330.3(a)(1)).

Makes organizational change to GS 105-338, concerning the allocation of the valuations of public service property among local taxing units. 

Part VI provides a severability clause.

Intro. by Tillman, Brock, Tucker.GS 105
S 629 (2017-2018) HEALTH CARE SERVICES BILLING TRANSPARENCY. Filed Apr 4 2017, AN ACT TO PROVIDE FOR GREATER TRANSPARENCY IN HEALTH CARE SERVICES BILLING.

Amends GS 58-3-200. Defines clinical laboratory, health care provider, and health services facility as they are used in the statute. Directs insurers to determine whether a health care provider able to meet the health care needs of an insured is reasonably available without unreasonable delay by reference to the insured's location and specific medical needs. Provides for the amount to be provided by the insurer to an out-of-network healthcare provider under subsection (d), as described below.

Enacts new GS 58-3-201 (Limitation on balance billing). Provides for the calculation of a benchmark amount for the provision of health care services. Provides that a health care provider's total payment for services provided outside an insurer's health care provider networks under GS 58-3-200(d) or for emergency care services under GS 58-3-190 is presumed reasonable if the payment is equal to or higher than the benchmark amount. A benchmark amount applied to an insured's deductible, co-payment, or coinsurance is considered payment for the services of this statute. Payment of the benchmark amount forecloses the health care provider from collecting any additional amount from the insured or any third party. Nothing in this statute requires an insurer to make any direct payment to a health care provider. Provides that regular willful violations of this statute constitute unfair and deceptive trade practices.

Enacts new GS Chapter 131E, Article 11B (Transparency in Health Services Billing practices).

Requires health services facilities participating in an insurer's health care provider network to submit a written disclosure containing listed information to an insured individual when the facility (1) admits to receive emergency services, (2) schedules a procedure for nonemergency services for, or (3) seeks prior authorization from an insurer for the provision of nonemergency services to the insured individual. Requires health services facilities without a contract with an insured individual's insurer to provide the insured individual with a written notice containing listed information when the facility admits the insured individual to receive emergency services.

Prohibits health services facilities from billing for services at a rate greater than the benchmark amount in GS 58-3-201 unless contracting health care providers able to meet the needs of the insured are reasonably available to the insured without unreasonable delay. Specifies what is included as services and definesservicesto exclude bills received for health care services if a provider participating in an insurer's provider network is available and the insured individual has elected to obtain services from a nonparticipating provider. Provides that a health care provider's payment for services under GS 58-3-200(d) or GS 58-3-190 is reasonable if it is equal to or higher than the benchmark under GS 58-3-201. A benchmark amount applied to an insured's deductible, co-payment, or coinsurance is considered payment for the purposes of this statute. Payment of the benchmark amount forecloses the health care provider from collecting any additional amount from the insured or any third party. Nothing in this statute requires an insurer to make any direct payment to a health care provider. Requires health care facilities that contract with health care providers outside an insured's network to ensure the provider complies with this statute.

Provides that regular willful violations of this article are unfair and deceptive trade practices.

Enacts new GS Chapter 90, Article 41A (Transparency in Health Care Provider Billing Practices).

Requires health care providers outside of an individual's insurance network, including hospital-based providers, to include a statement on any billing notice sent to an insured individual that the individual is responsible for paying the applicable in-network cost-sharing amount but is not obligated to pay the remaining balance when the benchmark in GS 58-3-201 applies.

Imposes the same fair billing requirements on health care providers that new GS 131E, Article 11B, imposes on health services facilities; however, does not defineservices.

Regular willful violations of this statute are unfair and deceptive trade practices.

Effective October 1, 2017, and applies to services provided on or after that date.

Intro. by Hise, Meredith.GS 58, GS 90, GS 131E
S 634 (2017-2018) PRIVATE PROTECTIVE SERVICES CHANGES. Filed Apr 4 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE PRIVATE PROTECTIVE SERVICES ACT AND THE ALARM SYSTEMS LICENSING ACT AND TO CREATE CERTAIN FEES.

Identical to H 566, filed 4/4/17.

Amends GS 74C-3 to include persons or other entities discovering, locating, or disengaging devices intended to block the transmission of electronic signals for valuable consideration, and individuals and other entities that for valuable consideration provide security measures to ensure the safety of business executives, public officials, celebrities, or other individuals with elevated personal risk, in the definition of private protective services profession. Excludes persons under contract or employed by an occupational licensing board while performing an investigation solely for that board from the definition of private protective services.

Amends GS 74C-5 to further authorize the Private Protective Services Board (Board) to do four additional listed things, including adopting and publishing a code of professional conduct for licencees, registrants, certificate holders, and permit holders.

Amends GS 74C-7 to authorize the Secretary of Public Safety to investigate complaints, allegations, or suspicions of wrongdoing or violations of GS Chapter 74C involving unlicensed individuals, licensed individuals, or individuals to be licensed (currently, only individuals licensed and to be licensed). Authorizes the Secretary to enforce GS Chapter 74C and impose any authorized penalty against any individual or entity under investigation for and charged with a violation of the Chapter.

Amends GS 74C-8 to extend the time period in which a business entity has to find a replacement qualifying agent from 30 to 90 days, and authorizes the Board to extend the 90-day period for an additional 30 days upon the filing of a petition by the business entity and a hearing by the Board. Authorizes the Board to require a late fee of $100 for missing the deadline. Requires filing of a certificate of liability insurance with the Board to issue a license. Requires applicants to pay the initial license fee and make the required contribution to the Fund within 90 days of the date the applicant receives notice of pending licensure approval unless the Board extends the period by an additional 30 days upon the filing of a petition by the applicant and a hearing by the Board. Authorizes the Board to require a late fee of $100 for an applicant who misses the deadline.

Amends GS 74C-9 to cross-reference GS 74C-13 (concerning firearm registration permits for licensees) and to make conforming changes.

Amends GS 74C-10 to further require trainees supervised by licensees, carrying a firearm while engaged in private protective services activities, to obtain a liability insurance policy as specified. Authorizes a licensee to provide liability insurance coverage for a trainee under the licensee's supervision, but failure to do so does not exempt the trainee from this statute. Makes technical and conforming changes.

Amends GS 74C-12 to apply that statute to trainees, and to further authorize the Board to deny, suspend, or revoke a certification under that statute. Authorizes the Board to also take the disciplinary actions in that statute for violation of any State or federal firearms law, fraudulently holding oneself out as employed or licensed by the Department of Public Safety (was, State Bureau of Investigation), and for violations of the code of professional conduct adopted by the Board.

Amends GS 74C-13 to require proprietary employers to register individuals carrying a firearm within 30 days of employment. Directs a proprietary security organization employing an armed security guard to submit to the Board an application for license, and to renew its license every two years. Requires the firearms training program under subsection (h) to cover legal limitations on the use of, and range firing and safety procedures for, firearms (was, hand guns). Makes conforming changes.

Enacts new GS 74C-13.1. Exempts four listed classes of persons from the firearms training requirements of GS 74C-13(b), including persons who have successfully completed the North Carolina Basic Law Enforcement Training and the first year of probationary employment. Requires specified documentation from applicants claiming one of the exceptions. Directs the Board to deny exemptions if the applicant fails to provide documentation. Requires exempted applicants to qualify within the first three attempts on the required firearm qualification course. Failure to qualify on both courses of fire requires the applicant to undergo the entire 20-hour course of instruction. Applicants claiming an exemption must still complete the training required in GS 74C-13(h).

Amends GS 74C-17 to apply the civil penalty limit of $2,000 as a limit on each individual violation, instead of as a general limit. Authorizes the Board to charge costs, including attorneys' fees for any proceeding governed by GS Chapter 150B or authorized by this statute.

Amends GS 74C-23 to require companies, firms, or corporations licensed under this Chapter to provide the Director with notice of change of ownership within 10 days (was, 60 days) prior to the effective date of the transaction, and a list of all registrants and licensees affected by the transaction. Requires notice to the Director within 60 days from the effective date of the transaction by written confirmation of the completion of any necessary changes for the acquiring party to comply with this Chapter and applicable Board rules.

Amends GS 14-269.3, regarding weapons into assemblies and establishments serving alcoholic beverages, to provide that the statute does not apply to a person registered as a security guard or hired by the owner, lessee, or person or organization sponsoring the event or a person employed by an entity licensed under GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event, effective December 1, 2017.

Except as otherwise provided, effective July 1, 2017.

Intro. by Daniel.GS 14, GS 74C
S 635 (2017-2018) JUDICIAL ASSISTANTS FOR JUDGES. Filed Apr 4 2017, AN ACT TO APPROPRIATE FUNDS TO THE ADMINISTRATIVE OFFICE OF THE COURTS TO PROVIDE JUDICIAL ASSISTANTS TO ALL DISTRICT AND SUPERIOR COURT JUDGES.

Appropriates from the General Fund to the Administrative Office of the Courts $1,049,698 in nonrecurring funds for 2017‑18 and $17,760,821 in recurring funds for 2018‑19 to be allocated by the Administrative Office of the Courts to provide each district court judge with one judicial assistant and each superior court judge with at least one but no more than two judicial assistants. Effective July 1, 2017.

Intro. by Daniel, Britt, Newton.APPROP
S 636 (2017-2018) INCREASE JUDICIAL PAY 20%. Filed Apr 4 2017, AN ACT TO INCREASE JUDICIAL SALARY AND BENEFITS FOR THE 2017-2018 FISCAL YEAR.

Increases the annual salaries for the following judicial branch officials by 20% for 2017-18, effective July 1, 2017: Supreme Court Chief Justice and Associate Justices, Court of Appeals Chief Judge and Judges, Senior Regular Resident Superior Court Judges and Superior Court Judges, and Chief District Court and District Court Judges.

Appropriates from the General Fund to the Administrative Office of the Courts $19,760,000 in nonrecurring funds for 2017‑18 to increase salary and benefits for all judges and justices and to increase the annual contribution into the Consolidated Judicial Retirement System.

Effective July 1, 2017, for the 2017‑2018 fiscal year.

Intro. by Daniel, Britt.APPROP
S 637 (2017-2018) SMALL FARMS TO HEALTHIER SCHOOLS INITIATIVE. Filed Apr 4 2017, AN ACT TO APPROPRIATE FUNDS FOR THE SMALL FARMS TO HEALTHIER SCHOOLS INITIATIVE, A PARTNERSHIP BETWEEN SCHOOL NUTRITION PROGRAMS AND LOCAL FARMERS.

Includes whereas clauses.

Appropriates $340,000 in nonrecurring funds for 2017‑18 and $330,000 in nonrecurring funds for 2018‑19 from the General Fund to Working Landscapes, for a pilot program to reimburse participating school districts based on the servings of food they source from farms within the same region. Requires that the pilot project take place in the educational district for the North Central region as provided in GS 143B‑28.1 (Chatham, Durham, Edgecombe, Franklin, Granville, Harnett, Johnston, Lee, Nash, Orange, Person, Vance, Wake, Warren, and Wilson Counties). Specifies that of the funds appropriated by this act, $60,000 in 2017‑18 and $120,000 in 2018‑19 must be used for payments to participating school systems to offset the higher cost of locally grown products with the remaining funds cost‑shared on a one‑to‑one basis with funds provided by Working Landscapes to establish program infrastructure and assist local farms in obtaining certifications necessary to supply school nutrition programs. Effective July 1, 2017.

Intro. by Bryant.APPROP
S 638 (2017-2018) FUNDS TO ENHANCE TRIBAL RECOGNITION. Filed Apr 4 2017, AN ACT TO ENHANCE THE PROCESS BY WHICH THE NORTH CAROLINA COMMISSION ON INDIAN AFFAIRS REVIEWS PETITIONS AND MAKES DECISIONS ON WHETHER AN INDIAN GROUP SHOULD RECEIVE RECOGNITION AS A STATE TRIBE AND TO APPROPRIATE FUNDS.

States that the intent of the act is to require the North Carolina Commission on Indian Affairs (Commission) to act on petitions as they are received so that there may be more than one petition pending a hearing before the Commission's Recognition Committee at any one time and specifies that the Commission should ensure that it expeditiously reviews petitions and measures each petition against the required criteria for recognition that have been adopted by rule and provides the petitioner with the result of the screening on a timely basis.

Sets out procedures that the Commission must follow as part of its responsibility to review petitions for State recognition submitted by an Indian group, including time lines for acknowledging receipt of the notice of intent to petition, for conducting a preliminary review, providing preliminary findings, and conducting the required hearing. 

Appropriates from the General Fund to the Department of Administration, Commission on Indian Affairs, $178,141 for 2017‑18 and $178,141 for 2018‑19 to create two full‑time equivalent Paralegal I positions, one full‑time equivalent Administrative Officer I position, and one temporary contract position for a Genealogist/Research Specialist. 

Appropriates from the General Fund to Department of Administration, Commission on Indian Affairs, $1.4 million for 2018‑19 to be expended for additional tribal recognitions acted upon during that year.

Effective July 1, 2017.

Intro. by Smith-Ingram.APPROP
S 639 (2017-2018) HEALTHY MOTHER, HEALTHY CHILD. Filed Apr 4 2017, AN ACT TO ENSURE HEALTHY PREGNANCIES FOR FEMALE PRISONERS AND DETAINEES.

Enacts new Artice 84C, Treatment of Pregnant Prisoners and Detainees, in GS Chapter 15A. 

Prohibits a correctional institution (defined as any unit of the State prison system, local confinement facility, juvenile detention facility, or other entity under the authority of any State or local law enforcement agency that has the power to detain or restrain a person under the laws of this State) from using restraints on a prisoner or detainee known to be pregnant, including during labor, transport to a medical facility, delivery, and postpartum recovery, unless the corrections official determines that the prisoner or detainee presents an extraordinary circumstance. Defines an extraordinary circumstance as a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.

Specifies that, despite a determination that there are extraordinary circumstances, if the health professional treating the prisoner or detainee requests that restraints not be used, the corrections officer accompanying the prisoner or detainee must immediately remove all restraints. Also prohibits using leg or waist restraints on any prisoner or detainee who is in labor or delivery under any circumstances.

Requires that if restraints are used, the type of restraint applied and the application of the restraint must be accomplished in the least restrictive manner necessary, and requires the corrections official to make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints. Requires the findings to be kept on file for at least five years and be made available for public inspection. 

Requires all correctional facilities in the State to develop the rules mandated under this act within 30 days of the date this act becomes law and to inform prisoners and detainees within their custody of those rules within 60 days of the date this act becomes law.

Appropriates $250,000 in recurring funds from the General Fund to the Department of Public Safety to be allocated to policy implementation, education, and training of the procedures outlined in the act.

Intro. by Smith-Ingram, Van Duyn, Foushee.APPROP, GS 15A
S 640 (2017-2018) STUDY 64 BYPASS EFFECT & TRANSFER FUNDS. Filed Apr 4 2017, AN ACT DIRECTING THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO STUDY THE EFFECT THE CONSTRUCTION OF THE U.S. HIGHWAY 64 BYPASS HAD ON THE FLOODING THAT OCCURRED IN THE TOWN OF PRINCEVILLE FROM HURRICANE MATTHEW AND TRANSFERRING HB2 LEGAL DEFENSE FUNDS TO THE HURRICANE MATTHEW RESILIENCY PLANNING FUND.

Requires the Joint Legislative Transportation Oversight Committee (Committee) to study the effect, if any, the construction of the US Highway 64 Bypass had on the flooding associated with Hurricane Matthew that occurred in Princeville and requires the Committee to report its findings to the 2018 Regular Session of the 2017 General Assembly.

Requires that $500,000 for 2016‑17 appropriated in SL 2016‑94 for the purpose of HB2 legal defense instead be transferred to the Hurricane Matthew Resiliency Planning fund to be used for bridge, infrastructure, and dam construction in Edgecombe, Bertie, and Tyrrell counties.

Intro. by Smith-Ingram.STUDY
S 648 (2017-2018) LEGALIZE MEDICAL MARIJUANA. Filed Apr 4 2017, AN ACT ESTABLISHING THE NORTH CAROLINA MEDICAL CANNABIS ACT.

Identical to H 185 filed on 2/22/17.

Adds new Article 43, "North Carolina Medical Cannabis Act," to GS Chapter 90. Provides broad civil and criminal immunity for a "qualified patient" or a "designated caregiver" for purchasing or possessing cannabis for medical use if the quantity does not exceed an "adequate supply" for the patient as determined by his or her physician. Adequate supply is defined by the Act to, among other things, (1) apply only to cannabis from an intrastate source, (2) limit permitted supply or garden space to amount needed for 3-month period and not more than 24 ounces, (3) limit use to alleviating symptoms or effects of a debilitating medical condition (also defined in the act). Requires the Department of Health and Human Services (DHHS) to issue "registry identification cards" to persons who qualify as qualified patients or designated caregivers, and provides that a card creates a rebuttable presumption of permissible use if the person does not possess more than an adequate supply. Specifies conditions under which provisions of the Act are applicable to minors. Prohibits a school, employer, or landlord from refusing to enroll, employ, or lease to, or to otherwise penalize, a person because of his or her status under the Act or the permissible possession or use of cannabis. Also provides immunity and protection from penalties for licensed producers of medical cannabis and for physicians for conduct consistent with the act. Provides other protections relating to conduct of law enforcement, child custody or visitation, constructive possession, and the unauthorized substances tax.

The Act does not permit a person to control a motor vehicle, aircraft, or motorboat while impaired by cannabis; undertake any task under the influence of cannabis that would constitute negligence or malpractice; or smoke cannabis in a school bus or on public transportation, on school grounds, in a correctional facility, or in any public place in the state. No government-sponsored medical assistance program or private health insurer is required by the Act to cover costs of medical use of cannabis, and an employer is not required to accommodate use in the workplace. Makes fraudulent representation to law enforcement of any fact relating to medical use of cannabis to avoid arrest or prosecution a Class 2 misdemeanor punishable by a fine of up to $500 and any other applicable penalty. Specifies criteria and procedures for DHHS's issuance or renewal of registry identification cards and requires that DHHS maintain a confidential list of persons to whom cards are issued. Allows DHHS to verify for law enforcement whether a card is valid and to report to law enforcement about falsified or fraudulent information submitted to DHHS. Makes violation of the confidentiality provision a Class 1 misdemeanor, subject to a fine of up to $1,000.

Directs the Department of Agriculture and Consumer Services to establish a medical cannabis supply system to provide a safe, regulated supply of quality medical cannabis for use by qualified patients with a valid registry identification card and to generate revenue sufficient to maintain and operate the system. Prohibits use of appropriations from the General Fund to establish or operate the system, which must be funded by authorized fees. Establishes criteria for licensing of medical cannabis supply centers and producers of medical cannabis, as well as for suspending or revoking licenses. Requires the Department of Agriculture and Consumer Services to maintain a confidential list of licensees and specifies when it may release information to law enforcement. Requires the North Carolina Medical Care Commission to adopt rules to implement the supply system, and provides for temporary rules in the interim. Specifies when medical use of cannabis may be asserted as an affirmative defense to a criminal charge. Expresses the General Assembly's intent that the University of North Carolina system undertake scientific research regarding the efficacy and safety of the medical use of cannabis and, subject to approval by the UNC Board of Governors, directs the University to create the North Carolina Cannabis Research Program. Makes conforming changes to GS 106-121 (definitions under Food, Drugs, and Cosmetics Act). Amends GS 105-164.4(a) to impose a privilege tax of 5% on specified cannabis sales.

Section 5 of this act becomes effective December 1, 2018, and applies to sales made on or after that date. The remainder of this act becomes effective December 1, 2018, and applies to acts committed on or after that date.

Intro. by Van Duyn, Foushee.GS 90, GS 105, GS 106
S 658 (2017-2018) CHARTER SCHOOL FUNDS. Filed Apr 4 2017, AN ACT TO AUTHORIZE BOARDS OF COUNTY COMMISSIONERS TO DETERMINE THE METHOD OF PROVIDING COUNTY FUNDS TO CHARTER SCHOOLS, INCLUDING AUTHORIZING A COUNTY TO PROVIDE CAPITAL FUNDS TO A CHARTER SCHOOL SUBJECT TO RETURN OF THOSE FUNDS UPON DISSOLUTION OF THE SCHOOL, AND TO REVISE THE UNIFORM BUDGET FORMAT FOR LOCAL SCHOOL ADMINISTRATIVE UNITS.

Amends GS 115C-218.100(b), setting out that all the net assets of a charter school purchased with public funds is deemed the property of the local school administrative unit in which the charter school is located upon the dissolution of the charter school. Excepts from this provision capital funds provided to a charter school by one or more counties pursuant to GS 115C-218.106(c), enacted below. Provides that all net assets of a charter school purchased or improved with the capital funds, up to the total amount of the funds provided, are deemed the property of the county or counties providing the funding, and, if applicable, are to be divided between the counties in proportion to the funds provided.  

Amends GS 115C-218.105 to eliminate subsections (c), (d), and (e) relating to local funds for a charter school. Makes conforming change to the statute's title.

Enacts GS 115C-218.106 to provide for local funds for a charter school. Subsection (a) directs each board of county commissioners to adopt a resolution on the method of appropriating county funds to any charter school that has a student enrolled who resides in the county. Allows the board of county commissioners to determine the method of appropriation of county funds to a charter school that is in the best interests of the county. Prohibits a resolution to reduce or release a local school administrative unit from its obligation to transfer charter school funds other than county appropriations in accordance with subsection (e) of this statute.

Subsection (b) requires the State Board of Education to determine and certify to the charter school and the board of county commissioners, by October 1 of each school year, the total membership of students residing in the county who attend charter schools for the budget year.

Subsection (c) details purposes for which funds can be used when a county has adopted a resolution authorizing the direct appropriation of county funds to charter schools for capital outlay purposes. Includes the purposes of: (1) the acquisition of real property; (2) the acquisition, construction, reconstruction, enlargement, renovation, or replacement of buildings and other structures; and (3) the acquisition or replacement of furniture and furnishings, instructional apparatus, and similar items of furnishings and equipment. 

Subsection (d) requires that when funds are used to acquire or improve property for a charter school pursuant to subsection (c), the amount provided by the county must be evidenced by a promissory note and secured by a deed of trust on the property acquired or improved by the funds. Provides for the county to subordinate the deed and for the county to release the deed upon satisfaction.

Subsection (e) directs a local board to transfer an amount equal to the per pupil share of the local current expense fund of the local school administrative unit for the fiscal year.  If the board of county commissioners provides in the resolution adopted pursuant to subsection (a) that county funds appropriated to a local board of education of a local school administrative unit located in the county are to be transferred to a charter school for a student who resides in the unit and attends a charter school, the local current expense funds transferred under this subsection includes county funds. The per pupil share of the local current expense fund is to be transferred to the charter school within 30 days of the receipt of monies into the local current expense fund. Clarifies that the amount transferred under this subsection that consists of revenue derived from supplemental taxes must be transferred only to a charter school located in the tax district for which these taxes are levied and in which the student resides. Permits the local school administrative unit and charter school to use the process of mediation of differences between the State Board of Education and a charter school provided in GS 115C-218.95(d) to resolve differences on the calculation and transference of the per pupil share of the local current expense fund.

Subsection (f) requires each local school administrative unit to provide each charter school to which it transfers a per pupil share of its local current expense fund with the specified information within the 30-day time period provided in subsection (e), including how the per pupil share of the local current expense fund was calculated. Additionally requires the local school administrative unit to provide the same information to the State Board of Education (State Board) by November 1 of each year for each charter school to which it transfers a per pupil share to its local current expense fund. Directs the State Board to adopt a policy to govern the collection of the information. Requires the State Board to issue a letter of noncompliance to a local school administrative unit that does not provide the State Board with the information required by subsection (f).

Subsection (g) provides for the case of a dispute between a charter school and local board of education. Requires the complaining party to give the other party 15 days' written notice of the alleged violation prior to commencing an action under subsection (e). Directs the court to award the prevailing party reasonable attorneys' fees and costs incurred in an action under subsection (e). Directs the court to order any delinquent funds, costs, fees, and interest to be paid in equal monthly installments and to establish a time for payment in full that is no later than one year from the entry of any judgment. 

Amends GS 115C-426(c), setting out the requirements of the uniform budget format. Makes organizational changes to divide the existing language of subsection (c) to new subsections (c1) and (c2). Subsection (c) contains existing language providing that the uniform budget format must include the State Public School Fund, the local current expense fund, and the capital outlay fund. New subsection (c1) provides that, in addition to the requirements of subsection (c), other funds can be used only for 14 listed purposes (replaces existing language in subsection (c)). New subsection (c2) contains existing language requiring each local school administrative unit to maintain those funds shown in the uniform budget format that are applicable to its operations. Deletes provisions of subsection (c) providing that the appropriation or use of fund balance or interest income by a local school administrative unit is not a local current expense appropriation included as part of the local current expense fund. Adds new subsection (e1) to provide for what other moneys made available or accruing to the local school administrative unit can include.

Makes conforming changes to GS 115C-448(d).

Amends GS 153A-149(b)(7) to expand the school purpose for which each county can levy property taxes without restriction as to the rate or amount to include the purpose of providing for the county's share of the cost of kindergarten, elementary, and secondary public schools, including charter schools chartered under Article 14A of GS Chapter 115C (currently does not specify includes charter schools), and post-secondary public education. 

Enacts GS 153A-458 to expressly authorize each county to appropriate funds to schools chartered under Article 14A of GS Chapter 115C. Permits counties to provide funds in accordance with GS 115C-218.106, as enacted.

Amends 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. Provides that participating virtual charter schools are also subject to the requirements of GS 115C-218.105(b) and GS 115C-218.106.

Effective July 1, 2017, and applies beginning with the 2017-18 school year. 

Intro. by Hise, Barefoot.GS 115C, GS 153A
S 660 (2017-2018) ECONOMIC DEVELOPMENT INCENTIVES MODIFICATIONS. Filed Apr 4 2017, AN ACT TO MAKE CERTAIN CHANGES TO ECONOMIC DEVELOPMENT INCENTIVES OF THE STATE TO CLARIFY THE IMPORTANCE OF USING DEVELOPMENT FUNDS IN THE MORE DISTRESSED AREAS OF THE STATE AND MAKE OTHER CHANGES.

Substantively identical to S 618, filed 4/4/17.

Part I.

Amends GS 143B-431.01 by also prohibiting the Department of Commerce (Department) from contracting with a nonprofit for (1) site certification functions and activities performed by the Department or (2) the performance of functions, powers, duties, or obligations of any other State agency. Amends the mandatory contract terms for any contract that the Department enters into with a nonprofit for the performance of any of the Department's functions, powers, duties, and obligations, as follows: (1) requires the nonprofit's report on prior State fiscal year program activities, objectives, and accomplishments, as well as expenditures and fund sources, to also include for jobs anticipated to result from the nonprofit's efforts, the name and contact person of each company creating new jobs in the State and the location of each project; (2) specifies requirements for bonuses that are awarded for job performance, as reported in the nonprofit's report; and (3) adds that the contract must include a provision prohibiting the nonprofit from contracting with any State agency other than the Department for the performance of one or more of the agency's functions, powers, duties, or obligations.

Part II.

Amends the definitions used in Part 2F, E-NC Initiative, of Article 10 (Department of Commerce) of GS Chapter 143B. Specifies that the term eligible position does not include a position filled by a worker with an H-1B visa or H-1B status. Effective January 1, 2017.

Amends GS 143B-437.52 by amending the conditions that the Economic Investment Committee must find before entering into an agreement with business to provide grants, to require that the project be consistent with economic development goals for the State and for the area where it will be located, including anticipated effects the project described in the application will have on the development factors, as calculated under GS 143B-437.08, of the area. Effective January 1, 2017.

Effective January 1, 2018, amends the limitations on grant awards under GS 143B-437.52 to add of the maximum amount of total annual liability for grants awarded in a single calendar year, no more than 50% may be awarded for projects located in whole or in part in development tier three areas. Specifies that of the amount awarded for projects located in whole or in part in development tier three areas, no more than 50% may be awarded for projects located in whole or in part in attainment areas. These limitations  do not apply to a grant awarded to a high‑yield project.

Amends GS 143B-437.56, which limits the amount of a grant awarded in each case to a percentage of the withholdings of eligible positions for a period of years. Amends those percentages so that they are no more than: (1) 80% for a development tier one area; (2) 70% for a development tier two area; (3) 60% for a development tier three area that is not designated as an attainment area; and (4) 50% for a county designated as an attainment area (was, no more than 75% of any area other than a development tier one, which was no more than 80%). Adds that for any eligible position located in a county designated as an attainment area, 50% of the annual grant is payable to the business and 50% is payable to the Industrial Development Fund Utility Account (Utility Account). For any position located in a development tier three area that is not designated as an attainment area, 70% of the grant is payable to the business (was 75%) and 30% (was, 25%) is payable to the Utility Account. Effective January 1, 2017.

Amends GS 143B-437.72 by amending the provisions that must be included in an agreement between a local government and a grantee business. Prohibits the provisions concerning a commitment to create or retain a specified number of jobs within a specified salary range at a specified location from including the number of jobs filled by workers with H-1B visas or H-1B status. Amends the provisions that must be included in an agreement between the State and local governments by making the current matching requirements for local governments in a tier three area applicable to those that are not designated as an attainment area. Adds that for a local government in an attainment area, the State will provide no more than $1 for every $4 provided by the local government. Effective January 1, 2017.

Amends GS 143B-437.01, concerning the Utility Account, by adding that the Utility Account is to provide funds to assist in retaining, as well as creating, jobs, including expanding the existing job base. Makes conforming changes.

Part III.

Amend GS 143B-437.08 by deleting the provisions requiring adjustments to the development factor and specified exceptions. Adds that the Secretary of Commerce (Secretary) must cost adjust the national value for per capita income to determine the State value for that factor and determine the State value for the specified factors used in calculating the development factor. Using these metrics, requires the Secretary to create an index, as follows: (1) the State average rate of unemployment divided by the county's average rate, (2) the county's per capita income divided by the per capita income value for the State determined pursuant to this subsection, (3) the county's percentage growth in population divided by the State's percentage growth, and (4) the county's adjusted assessed property value per capita divided by the State adjusted assessed property value per capita. Requires the Secretary to then rank and publish all the counties according to their index scores, along with the value against which the factor is compared, from lowest to highest, with a separate designation for any county with performance greater than that of the benchmarks for all indexed development factors as an attainment area. An index score average and achievement area designation is effective only for the calendar year following the designation. Makes conforming changes to GS 143B-437.01, GS 143B-472.127, and GS 143B-472.128. Applies to economic development awards made and related determinations occurring on or after January 1, 2018.

Part IV.

Requires for each Collaboration for Prosperity Zone established in GS 143B‑28.1, the employees of the Department in the zone must examine each annual update of the plan; collate all information relevant to the zone, county, region, and other unit of local government in the zone; and provide a copy of the collated information to each unit of local government within the zone. Requires that the collated information also identify any additional regional assets not otherwise contained in the annual update. Requires for any asset identified in the annual update or identified by the employees an analysis to be performed to identify appropriate potential industries best suited to maximize the beneficial economic impact of each asset. Requires the Department to give the Economic Development and Global Engagement Joint Oversight Committee a list of any assets remaining in the collated information for more than two years by January 1 of each year.

Requires, for each Collaboration for Prosperity Zone established in GS 143B‑28.1, the employees of the Department in the zone to submit a report to the Joint Legislative Economic Development and Global Engagement Oversight Committee and the Fiscal Research Division on the following: (1) jobs anticipated to result from efforts of the employees, including the name and contact person of each company creating new jobs in the zone; (2) the location of each project, including the development tier designation of the location; and (3) project leads that were not submitted to the Department for possible discretionary incentives.

Part V.

Amends GS 143B-428, which sets out he Department's declaration of policy, by adding that the coordination of the state's economic development efforts is to emphasize maximizing the return on investment of economic development dollars by selecting projects and locations on the basis of providing the greatest relief to communities experiencing chronic economic distress.

Requires the Department to study ways to effectuate this policy clarification. Specifies issues to be included in the study. Requires a report to the Joint Legislative Oversight Committee on Economic Development and Global Engagement by October 1, 2017.

Amends GS 143B-437.07 to require the Department to use the index required by GS 143B‑437.08(c1) to create a plan for improving the performance of each county underperforming the benchmark in one or more indexed development factors to the benchmark performance level at the time the plan was created. Requires the plan to cover five years, and requires a new plan upon the plan's expiration. Requires the Department to publish and submit an annual progress report to the Joint Legislative Oversight Committee on Economic Development and Global Engagement that includes specified information. Requires that a copy of a plan for the first year be submitted after it is created and each progress report be submitted on or before April 1 of each year. Makes additional clarifying changes.

Specifies that for purposes of the initial plan required under GS 143B‑437.07, the Department must consult with and use data compiled by the Center for Competitive Economies at the Kenan‑Flagler Business School at UNC-CH for the study performed for the Joint Legislative Oversight Committee on Economic Development and Global Engagement.

Part VI.

Unless otherwise provided, the act is effective when it becomes law. 

Intro. by Brown, Britt, Lee.STUDY, GS 143B
S 663 (2017-2018) THE I. BEVERLY LAKE, JR., FAIR TRIAL ACT. Filed Apr 4 2017, AN ACT TO INCREASE THE RELIABILITY OF IN-CUSTODY INFORMANT STATEMENTS.

Enacts new Article 54, Reliability of In-Custody Informant Statements, in GS Chapter 15A. Enacts new GS 15A-981, providing that a defendant may not be convicted of an offense or receive an aggravated sentence based solely on the testimony of an in-custody informant unless the testimony is corroborated. Directs the judge to provide the jury with specific instructions on factors to consider the reliability of in-custody informant testimony in cases where the testimony is admissible. Directs district attorneys to adopt policies and procedures governing the recording and use of testimony. Provides requirements for recording testimony of in-custody informants. Prohibits destruction or modification of recordings until one year after the completion of all appeals.

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

Intro. by Britt, McKissick, Blue.GS 15A
S 665 (2017-2018) THE I. BEVERLY LAKE, JR., FAIR TRIAL ACT. Filed Apr 4 2017, AN ACT TO INCREASE THE RELIABILITY OF IN-CUSTODY INFORMANT STATEMENTS.

Identical to S 663, filed 4/4/17.

Enacts new Article 54, Reliability of In-Custody Informant Statements, in GS Chapter 15A. Enacts new GS 15A-981, providing that a defendant may not be convicted of an offense or receive an aggravated sentence based solely on the testimony of an in-custody informant unless the testimony is corroborated.  Directs the judge to provide the jury with specific instructions on factors to consider the reliability of in-custody informant testimony in cases where the testimony is admissible. Directs district attorneys to adopt policies and procedures governing the recording and use of testimony. Provides requirements for recording testimony of in-custody informants. Prohibits destruction or modification of recordings until one year after the completion of all appeals.

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

Intro. by Britt, McKissick.GS 15A
S 668 (2017-2018) ENHANCED PENALTY FOR SECOND DEGREE TRESPASS. Filed Apr 4 2017, AN ACT TO INCREASE THE PENALTY FOR SECOND DEGREE TRESPASS ONTO CERTAIN PREMISES.

Identical to H 562, filed 4/4/17.

Amends GS 14-159.13 (Second degree trespass) to provide that violations of this statute are Class 1 misdemeanors instead of Class 3 misdemeanors if the offense occurs in a multi-occupancy bathroom, shower, or changing facility. Effective December 1, 2017, and applies to offenses committed on or after that date.

 

Intro. by Britt, Daniel, Ballard.GS 14
S 670 (2017-2018) SALES TAX EXEMPTION - AGRICULTURAL FAIRS. Filed Apr 4 2017, AN ACT TO EXEMPT ADMISSION CHARGES TO AGRICULTURAL FAIRS FROM THE SALES TAX IMPOSED ON AN ADMISSION CHARGE TO AN ENTERTAINMENT ACTIVITY.

Amends GS 105-164.4G(f) to exempt specified commercial agricultural fairs from the tax imposed on admission charges for entertainment activities. Effective May 1, 2017, and applies to gross receipts derived on or after that date.

Intro. by Britt, Sanderson.GS 105
S 672 (2017-2018) LACK OF POSTMARK/ABSENTEE BALLOTS. Filed Apr 4 2017, AN ACT TO PROVIDE THAT ABSENTEE BALLOTS RECEIVED BY A COUNTY BOARD OF ELECTIONS BY MAIL ON THE DAY AFTER THE ELECTION THAT ARE NOT POSTMARKED ARE DEEMED TO HAVE BEEN POSTMARKED ON OR BEFORE ELECTION DAY UPON VERIFICATION OF RECEIPT BY THE COUNTY BOARD OF ELECTIONS.

Amends GS 163-231(b) by amending one of the three conditions under which absentee ballots 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.

Intro. by D. Davis.GS 163
S 675 (2017-2018) LACK OF POSTMARK/ABSENTEE BALLOTS. Filed Apr 4 2017, AN ACT TO PROVIDE THAT ABSENTEE BALLOTS RECEIVED BY A COUNTY BOARD OF ELECTIONS BY MAIL ON THE DAY AFTER THE ELECTION THAT ARE NOT POSTMARKED ARE DEEMED TO HAVE BEEN POSTMARKED ON OR BEFORE ELECTION DAY UPON VERIFICATION OF RECEIPT BY THE COUNTY BOARD OF ELECTIONS.

Identical to S 672, filed 4/4/17.

Amends GS 163-231(b) by amending one of the three conditions under which absentee ballots 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.

Intro. by Bryant, Tarte, D. Davis.GS 163

The Daily Bulletin: 2017-04-05

LOCAL/HOUSE BILLS
H 498 (2017-2018) JONESVILLE/BOONVILLE/EAST BEND/EVEN-YR ELEC'N. Filed Mar 28 2017, AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE TOWNS OF JONESVILLE, BOONVILLE, AND EAST BEND ARE HELD IN EVEN-NUMBERED YEARS.

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

Adds that no election will occur in Jonesville, Boonville, or East Bend in 2017 and municipal elections will next occur in those towns in 2018.

Intro. by Zachary.Yadkin
H 504 (2017-2018) CITY OF LINCOLNTON/EVEN-YR ELECT'N/MAYOR TERM. Filed Mar 28 2017, AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS IN THE CITY OF LINCOLNTON SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO EXTEND THE MAYOR'S TERM FROM TWO TO FOUR YEARS.

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

Further amends Article III of SL 1979-341 by adding the requirement that any candidate seeking nomination by petition for municipal office comply with Article 11 (nomination by petition) of GS Chapter 163, provided the Lincoln County Board of Election may set the date and time completed petitions must be submitted for verification.

Intro. by Saine.Lincoln
H 508 (2017-2018) APPOINTMENTS/BD OF ELECTIONS/CERTAIN COUNTIES. Filed Mar 28 2017, AN ACT TO PROVIDE FOR THE APPOINTMENT OF MEMBERS TO THE BOARD OF ELECTIONS IN THE COUNTIES OF STANLY, DAVIE, AND ROWAN.

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

Amends GS 163-30 to direct the State Board of Elections to appoint the county boards from the names recommended, provided that two individuals are appointed from the list of three registered voters submitted by the political party having the majority of members serving on the board of county commissioners in that county (was, appoint two members to the county Board of Elections from the political party having a majority serving on the county Board of Commissioners, and one from the political party having a minority on the Board of County Commissioners, if applicable).

Intro. by Burr, Howard, Ford.Davie, Rowan, Stanly

The Daily Bulletin: 2017-04-05

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2017-04-05

PUBLIC BILLS

H 5: UNEMPLOYMENT INSURANCE TECHNICAL CHANGES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

H 17: OFFICE OF STATE AUDITOR/CORRECTIVE ACTION/PED.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 37: PROTECT LAW ENFORCEMENT OFFICERS.

    House: Serial Referral To State and Local Government II Stricken
    House: Withdrawn From Com
    House: Re-ref to the Com on Judiciary III, if favorable, State and Local Government II

H 84: DL/DEAF OR HARD OF HEARING DESCRIPTION (New)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 120: NATIONAL GUARD CAN PURCHASE FROM CE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 128: PROHIBIT DRONE USE OVER PRISON/JAIL.

    House: Withdrawn From Cal
    House: Placed On Cal For 04/06/2017

H 150: STANDARDS FOR CHIROPRACTIC PEER REVIEW.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 228: POSTPONE ASSUMED NAME REVISIONS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 239: REDUCE COURT OF APPEALS TO 12 JUDGES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 242: LICENSE PLATE READER SYSTEMS IN STATE ROWS.

    House: Reptd Fav
    House: Re-ref Com On Judiciary I

H 244: PUBLIC PARTICIPATION/COMPOSTING FACILITIES.

    House: Serial Referral To Agriculture Added
    House: Serial Referral To Agriculture Added

H 249: ECONOMIC TERRORISM.

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary II

H 263: UCC: ACCORD & SATISFACTION MODIFICATION.

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary I

H 283: DHHS RECOMMEND TELEMEDICINE POLICY (New)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Insurance

H 302: DODEA/CLINICAL EDUCATORS FOR STUDENT TEACHING.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 311: STATE AUDITOR/VARIOUS AMENDMENTS.-AB

    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform

H 337: UNMANNED AIRCRAFT SYSTEMS LAW REVISIONS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 340: SPECIAL SEPARATION ALLOWANCE FIREFIGHTERS/RSW.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 353: AUTHORIZE STATE PARK SYSTEM EXPANSION.-AB

    House: Reptd Fav
    House: Re-ref Com On Appropriations
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 355: FIREFIGHTERS' DEATH BENEFITS/CANCERS.

    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 358: MODERNIZE RESPIRATORY CARE PRACTICE ACT.

    House: Reptd Fav
    House: Re-ref Com On Finance

H 361: SUPPORT SHELLFISH INDUSTRY (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 370: INTERSTATE COMPACT BILL.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 371: AGENCY POWERS AND DUTIES/TECHNICAL CHANGES.-AB

    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 373: DOL/CAROLINA STAR PROGRAM.-AB

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 374: REGULATORY REFORM ACT OF 2018. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 375: SCHOOL CAL. FLEX./CC.

    House: Withdrawn From Cal
    House: Placed On Cal For 04/06/2017

H 376: SUBDIVISION IMPROVEMENT GUARANTEE CHANGES.

    House: Withdrawn From Com
    House: Re-ref Com On State and Local Government II

H 388: MODERNIZE MUTUAL ASSISTANCE STATUTES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 389: SCHOOL CALENDAR FLEXIBILITY PILOT PROGRAM.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 403: MEDICAID AND BEHAVIORAL HEALTH MODIFICATIONS (NEW).

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 406: REPEAL ORANGE COUNTY IMPACT FEES.

    House: Reptd Fav
    House: Re-ref Com On Finance

H 409: STATE AGENCIES/ADJUST HIRING PRACTICES.

    House: Reptd Fav
    House: Re-ref Com On Judiciary III

H 422: RAISE AWARENESS ABOUT ALZHEIMER'S & DEMENTIAS.

    House: Reptd Fav
    House: Re-ref Com On Appropriations

H 425: STATE WOOLLY WORM FESTIVAL (NEW).

    House: Passed 2nd Reading
    House: Passed 2nd Reading

H 436: LOCAL GOVERNMENT/REGULATORY FEES.

    House: Reptd Fav
    House: Re-ref Com On Finance

H 450: FUTURE READY STUDENT ACT OF 2017.

    House: Withdrawn From Cal
    House: Placed On Cal For 04/06/2017

H 457: PERFORMANCE GUARANTEES/SUBDIVISION STREETS.

    House: Withdrawn From Cal
    House: Placed On Cal For 04/06/2017

H 464: REVISE SCHEDULE OF CONTROLLED SUBSTANCES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary I

H 467: AGRICULTURE AND FORESTRY NUISANCE REMEDIES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 468: DOT/FUNDING FOR PRELIMINARY ENGINEERING.

    House: Withdrawn From Com
    House: Re-ref Com On Appropriations

H 478: REQUIRED EXPERIENCE FOR MH/DD/SA QPS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 497: RETIREMENT SYSTEMS 2% COLAS/FUNDS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

H 518: SAFE ACT CHANGES.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 530: COUNTIES/CONDEMNATION OF UNSAFE BLDGS/LIENS.

    House: Serial Referral To Judiciary III Stricken

H 549: UNC BENCHMARK/REPORTING DATES.

    House: Passed 1st Reading
    House: Ref To Com On Education - Universities

H 550: ESTABLISH NEW NURSE LICENSURE COMPACT.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Finance

H 551: STRENGTHENING VICTIMS' RIGHTS.

    House: Passed 1st Reading
    House: Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Judiciary I

H 552: GENERAL CONTRACTOR LICENSING AMENDMENTS.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce and Job Development, if favorable, Regulatory Reform

H 553: LANE DEPARTURE DRIVER EDUCATION CURRIC./STUDY.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Transportation

H 554: FINES AND FORFEITURES/PAYMENT TO SCHOOLS.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Finance

H 555: FUNDS/STREET GANG PREVENTION & INTERVENTION.

    House: Passed 1st Reading
    House: Ref To Com On Appropriations

H 556: STUDY EARLY CHILDHOOD EDUCATION (NEW).

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Health
    House: Passed 1st Reading
    House: Ref To Com On Education - K-12

H 557: MITIGATION SERVICES AMENDMENTS.

    House: Passed 1st Reading
    House: Ref To Com On Environment

H 558: STUDY/TEXTING WHILE DRIVING ENFORCEMENT.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary II

H 559: OUTDOOR HERITAGE ENHANCED.

    House: Passed 1st Reading
    House: Ref To Com On Wildlife Resources

H 560: I/DD SERVICES WAITING LIST TRANSPARENCY.

    House: Passed 1st Reading
    House: Ref To Com On Health

H 561: SANITARY DISTRICTS/IMPACT FEES.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 562: ENHANCED PENALTY FOR SECOND DEGREE TRESPASS.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary I

H 563: WHOLE WOMAN'S HEALTH ACT.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 568: UNC/USE OF INSTITUTIONAL TRUST FUNDS.

    House: Filed

H 569: PRETAX SUPPLEMENTAL BENEFITS.

    House: Filed

H 570: K-12 ACADEMIC FREEDOM.

    House: Filed

H 571: AUTOMATIC EXPUNCTION/WRONGFUL CONVICTION.

    House: Filed

H 572: LEGAL NOTICES/REQUIRE INTERNET PUBLICATION.

    House: Filed

H 573: BUSINESS/REGULATORY CHANGES. (NEW)

    House: Filed
    House: Filed

H 574: WIND ENERGY/CONSISTENCY WITH MILITARY.

    House: Filed

H 575: REQUIRE INFO. ABOUT ABORTION PILL REVERSAL.

    House: Filed

H 576: ALLOW AEROSOLIZATION OF LEACHATE.

    House: Filed

H 577: LSC CRIM. CHECK/FELONIOUS GAMING MACHINES (NEW).

    House: Filed
    House: Filed

H 578: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    House: Filed

H 579: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    House: Filed

H 580: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    House: Filed

H 581: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    House: Filed

H 582: ABUSE & NEGLECT RESOURCES/ANON. TIP LINE APP.

    House: Filed

H 583: PAY-AS-YOU-GO CAPITAL & INFRASTRUCTURE FUND.

    House: Filed

H 584: REAL PROP./ERROR CORRECTION & TITLE CURATIVE.

    House: Filed

H 585: EXTEND STATUTE OF LIMITATIONS/CHILD SEX ABUSE.

    House: Filed

H 586: NC AM. INDIAN HUNTING/FISHING RIGHTS.

    House: Filed

H 587: SANITARY DISTRICTS/PROJECTS ECONOMIC IMPACT.

    House: Filed

H 588: OMNIBUS GUN CHANGES.

    House: Filed

H 589: COMPETITIVE ENERGY SOLUTIONS FOR NC. (NEW)

    House: Filed
    House: Filed

H 590: INTERIOR DESIGN PROFESSION ACT.

    House: Filed

H 591: STUDY/LEO INTERACTION WITH DISABLED DRIVERS.

    House: Filed

H 592: "KICK CANCER FOR KIDS" SPECIAL PLATE.

    House: Filed

H 593: INCREASE PERSONAL CARE SERVICES RATES.

    House: Filed

H 594: HEALTHY MOTHER, HEALTHY CHILD.

    House: Filed

H 595: ADOPT OFFICIAL STATE SPIDER.

    House: Filed

H 596: STUDY/MPO VOTING POWER DISTRIBUTION.

    House: Filed

H 597: WILLFUL INJURY OF PERSON/TRAP IN PUBLIC PARK.

    House: Filed

H 598: SWIMMING POOL ELECTRICAL SAFETY.

    House: Filed

H 599: BODY-WORN CAMERA RECORDINGS.

    House: Filed

H 600: SCHOOL CONSTRUCTION FLEXIBILITY.

    House: Filed

H 601: AMEND MEDICAL RECORDS MANAGER QUALIFICATIONS.

    House: Filed

H 602: CITIES/REQUIRE PERFORMANCE GUARANTEES.

    House: Filed

H 603: SMALL FARMS TO HEALTHIER SCHOOLS INITIATIVE.

    House: Filed

H 604: REPEAL DEATH PENALTY.

    House: Filed

H 605: SCH. DIST. HOLD HARMLESS/HURRICANE MATTHEW.

    House: Filed

H 606: STUDY 64 BYPASS EFFECT & TRANSFER FUNDS.

    House: Filed

H 607: KNIGHT-LECOUNT ADVOCACY FOR MARROW ED. & REG.

    House: Filed

H 608: FAMILY/CHILD PROTECTION & ACCOUNTABILITY ACT.

    House: Filed

H 609: AMEND VARIOUS INNOCENCE COMMISSION STATUTES.

    House: Filed

H 610: FUNDS FOR NC PRE-K/TIER 3 COUNTIES.

    House: Filed

H 611: EMPLOYMENT CONTRACT EXCEPTION (NEW).

    House: Filed
    House: Filed
    House: Filed

H 612: COMPREHENSIVE FIREARM ED. ELECTIVE/SCHOOLS.

    House: Filed

H 613: TRANSFER CERTAIN STATE PROPERTY. (NEW)

    House: Filed
    House: Filed

H 614: SCIENTIFIC WILDLIFE MANAGEMENT ACT.

    House: Filed

H 615: AMEND SUBSTANCE ABUSE PROFESSIONAL PRACT. ACT.

    House: Filed

H 616: NORTH CAROLINA PUBLIC BENEFIT CORPORATION ACT.

    House: Filed

H 617: CLARIFY SALE OF ANTIQUE & SPECIALTY VEHICLES.

    House: Filed

H 618: IMPROVE HEALTHCARE IT SYSTEMS EFFICIENCY.

    House: Filed

H 619: CLARIFY MOTOR VEHICLE DEALER LAWS.

    House: Filed
    House: Filed

H 620: UNC CAPITAL PROJECTS.

    House: Filed

S 24: ALLOW RESTAURANTS TO USE OUTDOOR GRILLS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 68: BIPARTISAN BD OF ELECTIONS AND ETHICS ENFORCE (NEW).

    House: Withdrawn From Cal
    House: Placed On Cal For 04/06/2017

S 78: COST TO COMPLY/FED ED FUNDS/PED STUDY.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 131: REGULATORY REFORM ACT OF 2016.

    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Amend Adopted A4
    House: Amend Failed A5
    House: Amend Failed A6
    House: Amend Failed A7
    House: Passed 2nd Reading
    House: Ordered Engrossed

S 140: TITLE INS. REV/BAILBONDSMEN DEPOSITS (NEW).

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate
    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 156: PLUMBING & HEATING CONTRACTORS CHANGES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 161: CONFORMING CHANGES LME/MCO GRIEVANCES/APPEALS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 220: MOTOR FUEL TAX EXEMPTION FOR JOINT AGENCY.

    Senate: Reptd Fav
    Senate: Re-ref Com On Finance
    Senate: Reptd Fav
    Senate: Re-ref Com On Finance

S 224: LANDLORD RECOVERY OF EXPENSES/RULE 60 MOTION (NEW).

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate
    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 252: NORTH CAROLINA TEACHING FELLOWS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Appropriations/Base Budget

S 299: EXPAND USE OF CAM SYSTEMS & CREATE CAM FUND. (NEW)

    Senate: Reptd Fav
    Senate: Reptd Fav

S 308: ADDITIONAL SPEAKER APPOINTMENTS (NEW).

    Senate: Reptd Fav
    Senate: Reptd Fav

S 312: SURPLUS COMPUTERS FOR LOW-INCOME STUDENTS.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 315: MAKE VARIOUS CHANGES REGARDING HIGHER ED (NEW).

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate

S 320: SECRETARY OF ADMINISTRATION CONFIRMATION.

    Senate: Reptd Fav

S 325: THE UNIFORM & EXPANDED EARLY VOTING ACT (NEW).

    Senate: Passed 3rd Reading
    Senate: Passed 3rd Reading

S 392: CONFIRMATION/SECRETARY OF DHHS.

    Senate: Reptd Fav

S 421: USE OF CAREER & TECHNICAL FUNDS/ONSLOW COUNTY.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 427: JORDYN'S LAW/NOTIFY NONCUSTODIAL PARENT/ABUSE.

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 584: PILOT PROJECT: TABLETS FOR INMATES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 585: STUDY INTERGOVERNMENTAL RELATIONS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 586: REQUIRE U.S. CIVICS TEST IN HIGH SCHOOLS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 587: TAX RETURNS UNIFORMLY MADE PUBLIC ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 588: WHOLE WOMAN'S HEALTH ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 589: FANTASY SPORTS REGULATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 590: NC CONSUMER FIREWORKS SAFETY ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 591: SITE AND BUILDING DEVELOPMENT FUND.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 592: SMALL BUSINESS ACCESS TO CAPITAL ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 593: ARBITRATION AND MEDIATION FOR BUSINESS COURT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 594: FAMILY/CHILD PROTECTION & ACCOUNTABILITY ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 595: STRENGTHENING VICTIMS' RIGHTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 596: PROTECT LAW ENFORCEMENT OFFICERS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 597: APPRENTICESHIPNC.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 598: FUTURE TEACHERS OF NORTH CAROLINA.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 599: EXCELLENT EDUCATORS FOR EVERY CLASSROOM.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 600: BRITNY'S LAW: IPV HOMICIDE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 601: GANG NUISANCE ABATEMENT ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 602: LIEN AGENT/NOTICE OF CANCELLATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 603: EXCEPTIONAL EDUC. FOR EXCEPTIONAL CHILDREN.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 604: HOMEMADE ALCOHOLIC BEVERAGE TASTING PERMIT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 605: ATTORNEY OPTIONS/IOLTA FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 606: ONE-YEAR EDPNC CONTRACT MODIFICATIONS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

S 607: JOB ORDER CONTRACTING METHOD.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 608: I/DD SERVICES WAITING LIST TRANSPARENCY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 609: UNIFORM GROUP PRACTICE PROVIDER CREDENTIALING.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 610: EQUALIZE TREATMENT OF WASTEWATER PRODUCTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 611: MITIGATION SERVICES AMENDMENTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 612: PET BOARDING FACILITIES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 613: ATTORNEY'S FEES & COSTS/STATE PREVAILS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 614: WITHHOLDINGS FOR PROPERTY SALES: NONRESIDENTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 615: NORTH CAROLINA FARM ACT OF 2017.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 616: HEROIN & OPIOID PREVENTION & ENFORCEMENT ACT (NEW) .

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 617: ELIMINATE EMERGENCY RECALL JUDGES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 618: EDGE COMMITTEE DRAFT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 619: JLCEP STUDY GRID MODERNIZATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 620: ELIMINATE DUPLICATION/PED STUDY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 621: BUSINESS CONTRACTS/CHOICE OF LAW AND FORUM.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 622: BUSINESS CORPORATION ACT REVISIONS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 623: SCHOOL BUS FLEXIBILITY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 624: OUTDOOR HERITAGE ENHANCED.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 625: SUMMONS FOR PRIVATE WARRANTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 626: PERMIT SUPERINTEND. SPOUSES TO WORK.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 627: MINORITY COLLEGES ADVISORY BOARD.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 628: VARIOUS CHANGES TO THE REVENUE LAWS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 629: HEALTH CARE SERVICES BILLING TRANSPARENCY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 630: REVISE IVC LAWS TO IMPROVE BEHAVIORAL HEALTH.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 631: PROTECT RIGHT TO WORK/CONFORMING CHANGES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 632: PROTECT NC RIGHT TO WORK CONSTITUTIONAL AMEND.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 633: REDUCE ANNUAL STATE BAR FEES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 634: PRIVATE PROTECTIVE SERVICES CHANGES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 635: JUDICIAL ASSISTANTS FOR JUDGES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 636: INCREASE JUDICIAL PAY 20%.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 637: SMALL FARMS TO HEALTHIER SCHOOLS INITIATIVE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 638: FUNDS TO ENHANCE TRIBAL RECOGNITION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 639: HEALTHY MOTHER, HEALTHY CHILD.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 640: STUDY 64 BYPASS EFFECT & TRANSFER FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 641: UNIFORM SYSTEM DEVELOPMENT FEES FOR WATER.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 642: BURDEN OF PROOF - PLANNING AND ZONING.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 643: ESTABLISH VETERANS TREATMENT COURT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 644: INCREASE DIVERSITY AMONG PHYSICIAN ASSISTANTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 645: KEEP BOTH PARENTS IN LIFE OF CHILD.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 646: UNIVERSAL VOTER REGISTRATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 647: JLEOC STUDY/ESSA/SCHOOL REPORT CARD.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 648: LEGALIZE MEDICAL MARIJUANA.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 649: PUBLIC RECORDS ACCESS - NC RESIDENTS ONLY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 650: STATE PENSION/RET. HEALTH BEN. FUND SOLVENCY.-AB

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 651: DRIVERS LICENSE/RECIPROCITY W/FOREIGN NATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 652: INCREASE ACCESS TO HIGHER EDUCATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 653: SOG - STUDY GUBERNATORIAL TRANSITION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 654: MAKE NC BETTER FOR BUSINESS/REVENUE LAWS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 655: CHANGE DATE WHEN PRIMARY ELECTIONS HELD.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 656: ELECTORAL FREEDOM ACT OF 2017.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 657: STUDY HEXAVALENT CHROMIUM IN GROUNDWATER.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 658: CHARTER SCHOOL FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 659: SECRETARY OF COMMERCE CONFIRMATION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 660: ECONOMIC DEVELOPMENT INCENTIVES MODIFICATIONS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 661: SCH. DIST. HOLD HARMLESS/HURRICANE MATTHEW.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 662: CHARTER SCHOOL TRANSPORTATION GRANT PROGRAM.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 663: THE I. BEVERLY LAKE, JR., FAIR TRIAL ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 664: RESTORE ED.-BASED SALARY SUPPLEMENTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 665: THE I. BEVERLY LAKE, JR., FAIR TRIAL ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 666: CAPITAL PROCEDURE/SEVERE DISABILITY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 667: AMEND VARIOUS INNOCENCE COMMISSION STATUTES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 668: ENHANCED PENALTY FOR SECOND DEGREE TRESPASS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 669: SE NC AG EVENTS CENTER/FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 670: SALES TAX EXEMPTION - AGRICULTURAL FAIRS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 671: SALES TAX: MANUFACTURED HOMES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 672: LACK OF POSTMARK/ABSENTEE BALLOTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 673: KNIGHT-LECOUNT ADVOCACY FOR MARROW ED. & REG.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 674: SCH. DIST. HOLD HARMLESS/HURRICANE MATTHEW.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 675: LACK OF POSTMARK/ABSENTEE BALLOTS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

Actions on Bills: 2017-04-05

LOCAL BILLS

H 218: PROHIBIT HUNTING FROM ROW/BUNCOMBE COUNTY.

    House: Withdrawn From Com
    House: Re-ref Com On Wildlife Resources

H 265: PARTISAN ELECTIONS/CERTAIN SCHOOL BOARDS.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 288: TOWN OF RAYNHAM/EXTEND MAYOR'S TERM OF OFFICE.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 293: ONSLOW/PENDER BD. ED. PARTISAN/SWAIN CLARIFY.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 331: CORRECT BOARD MEMBER TERMS/TOWN OF OAKBORO.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 408: FILLING VACANCY/CABARRUS COUNTY BD. OF COMM.

    House: Passed 2nd Reading
    House: Failed 3rd Reading

H 415: HATTERAS VILLAGE COMMUNITY CENTER DISTRICT.

    House: Reptd Fav
    House: Re-ref Com On Finance

H 420: ROCKINGHAM CTY TOURISM DEVELOPMENT AUTHORITY.

    House: Withdrawn From Com
    House: Re-ref Com On Finance

H 426: SANFORD-LEE COUNTY AIRPORT AUTHORITY CHANGES.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 429: CITY OF SALUDA OCCUPANCY TAX.

    House: Reptd Fav
    House: Re-ref Com On Finance

H 447: LEXINGTON CITY BD. OF ED./CITY COUNCIL (NEW).

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 449: HENDERSON CTY/LAW ENFORCEMENT TRAINING CENTER.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 490: CALDWELL CC/BD. OF TRUSTEES APPOINTMENTS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 498: JONESVILLE/BOONVILLE/EAST BEND/EVEN-YR ELEC'N.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Elections and Ethics Law
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 504: CITY OF LINCOLNTON/EVEN-YR ELECT'N/MAYOR TERM.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Elections and Ethics Law
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

H 508: APPOINTMENTS/BD OF ELECTIONS/CERTAIN COUNTIES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Elections and Ethics Law

H 509: DAVIDSON COUNTY ZONING PROCEDURE CHANGES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/06/2017

H 520: UNION CO. BD. OF ED/PARTISAN ELECTION.

    House: Reptd Fav
    House: Re-ref Com On Elections and Ethics Law
    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

S 122: REPEAL CENTERVILLE CHARTER.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

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