House amendments make the following changes to the 2nd edition.
House amendment #1 amends proposed GS 90-87(26a), defining targeted controlled substance to mean any controlled substance included in GS 90-90(1) or (2), or GS 90-91(d) (previous edition also included GS 90-90(3)).
House amendment #2 further amends GS 90-106 by adding a new subsection. Requires that if a prescription is for a targeted controlled substance and therapeutic use of the targeted controlled substance will or is expected to exceed a period of 60 days, the practitioner prescribing the targeted controlled substance must execute a pain management agreement with the patient that includes eleven specified elements, including the agreement date; the patient name and practitioner name; the name of the targeted drug(s), dosage amount, and frequency of administration; refill policy; random drug testing; and policy for agreement termination. Effective January 1, 2018. Makes technical and conforming changes.
The Daily Bulletin: 2017-04-10
House amendment makes the following changes to the 1st edition.
Provides that the act is effective when it becomes law, and applies to causes of action arising on or after that date, and that the act does not affect pending litigation.
|Intro. by Dixon, Davis, Lewis, J. Bell.|
Amends GS 14-208.7, concerning sex offender registration. Adds a new subsection (a3), requiring any person who has ever been convicted of a reportable conviction and has not been required to register for that conviction under any other provision of law to register for that conviction, pursuant to Article 27A of GS Chapter 14, if the person meets any of four criteria listed. Current law GS 14-208.6(4) defines reportable conviction. A person is required to register for the prior reportable conviction on or before October 6, 2017 if: (1) on October 1, 2017, the person is required to register for another offense pursuant to Article 27A or (2) on October 1, 2017, the person is on probation, parole, or post-release supervision for any criminal offense. A person is required to register under this provision as provided in the provisions of existing subsection (a) if: (1) on October 1, 2017, the person is serving an active term of imprisonment for any criminal offense or (2) on or after October 1, 2017, the person is convicted for any criminal offense.
Provides that a person is not required to register pursuant to new subsection (a3) if: (1) the conviction of a reportable conviction prior to October 1, 2017, was not for an aggravated offense as defined in GS 14‑208.6(1a); (2) the conviction occurred 30 years or more prior to the date the person is required to register pursuant to this subsection; and (3) the person has no other reportable convictions requiring registration under Article 27A.
Effective October 1, 2017.
|Intro. by Willingham.||GS 14|
Amends GS 143-166.83 to delete the provision reducing payment of pension benefits from the Sheriff's Supplemental Fund (Fund) in the event of insufficient money in the Fund. Provides that when the Fund is insufficient to pay pension benefits under the Sheriff's Supplemental Pension Fund Act of 1985, the insufficiency will be billed to each county on a pro rata basis based on each county's population. Requires each county to pay the billed amount by March 1 of that calendar year.
|Intro. by McNeill.||GS 143|
Requires the Department of Insurance to implement 11 NCAC 05A .0504 (Primary Personnel) as follows. Permits fire departments to apply to the Department of Insurance for waivers from the requirement that the fire department maintain 20 primary personnel, subject to the Office of State Fire Marshall's satisfaction that the waiver is justified by the volume of calls received by the fire department and would not cause a significant deterioration in the department's response capabilities. A waiver may not reduce the primary personnel requirement below 15. Directs the Commission to amend the Primary Personnel Rule consistent with these provisions.
|Intro. by Brenden Jones, Saine.||UNCODIFIED|
Directs the Director of the Division of Water Resources to require public water systems that supply water to one or more other public water systems and obtain all or part of their water from surface water sources to conduct sampling and analysis for applicable disinfection byproducts at or near all points of delivery to consecutive systems and to provide the consecutive system with the sampling results. Directs consecutive systems providing water to other consecutive systems to conduct sampling and analysis for applicable disinfection byproducts at or near all points of delivery to those other consecutive systems and to provide the other consecutive systems with the sampling results. Requires the supplying water system and any consecutive water systems to complete a joint operations evaluation signed by a responsible official for each water system participating in the evaluation if sampling results exceed the MCL (maximum contaminant level) for any applicable disinfection byproduct. Further, requires representatives from all participating water systems to meet at least quarterly to evaluate the effectiveness of measures implemented based on the operation evaluation until all water systems have met the MCL for all applicable disinfection byproducts for four consecutive quarters. Defines applicable disinfection byproducts as TTHMSs (Total Trihalomethanes) and HAA5 (Haloacetic Acids), as those terms are more particularly defined in the Stage 2 Disinfection Byproducts Rule issued by the EPA ( 71 FR 338, January 4, 2006). Expires on the date that the rules required to be adopted by this act, as described below, become effective.
Directs the Environmental Management Commission (Commission) to adopt rules to amend 15 NCAC 18C .1502 (Monitoring of Consecutive Public Water Systems) consistent with and substantively identical to the above provisions. These rules are not subject to Part 3 of Article 2A of GS Chapter 150B, and will become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Directs the Commission and the Department of Environmental Quality to implement 15A NCAC 18C .1502, as provided in this act, on the effective date of the revised permanent rule the Commission is required to adopt.
|Intro. by Zachary.||UNCODIFIED|
Amends GS 136-32(f) to allow a city to enforce the provisions of GS 136-32(b) through (e) (regulating the placement of political signs) on rights-of-way of streets that are located in the city's corporate limits and that are maintained by the city and on the rights-of-way of those parts of the state highway system that are located within the city. Also allows removal of signs that violate (b) through (e).
|Intro. by Brawley.||GS 136|
Amends GS 74E-12 to raise the maximum fee for an application for certification as a company police agency from $250 to $378. Makes technical changes.
|Intro. by Faircloth.||GS 74E|
Enacts new GS 14-277.6, making it a Class H felony for any person who, by any means of communication to any person or groups of persons, makes a threat that an act of mass violence is going to occur on education property or at a curricular or extracurricular activity sponsored by a school. Defines educational property, mass violence, and school. Requires that the threat be made in a manner and under circumstances that a reasonable person would believe the threat to be credible. Authorizes the court to order a person convicted under this new statute to pay restitution, including costs and consequential damages resulting from the disruption of the normal activity that would have otherwise occurred on the premises but for the false report, pursuant to Article 81C of GS Chapter 15A. Effective December 1, 2017, and applies to offenses committed on or after that date.
|Intro. by Faircloth.||GS 14|
Substantively identical to S 455.
Amends GS 15A-173.2, allowing an individual who is convicted of criminal offenses no higher than a Class G felony to petition the court where the individual was convicted of the most serious offense for a Certificate of Relief relieving collateral consequences as permitted by Article 6 of GS Chapter 15A (currently, allows for petition only if an individual is convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court with no other convictions for a felony or misdemeanor other than a traffic violation). Directs the individual to petition the court of the most recent conviction if the individual has more than one conviction in the same class of offense as the most serious offense and the convictions are in more than one court.
Subsection (b) sets forth six findings the court must make in order to issue a Certificate of Relief after reviewing the petition, the individual's criminal history, any information provided by a victim under GS 15A-173.6 or the district attorney, and any other relevant evidence. Amends the first required finding to now provide (1) if the individual has been convicted of five or fewer eligible offenses, 12 months must have passed since the individual has completed his or her sentence or (2) if the individual has been convicted of more than five eligible offenses, 36 months must have passed since the individual has completed his or her sentence.
Adds new subsection (h) to require a person who files a petition for a certificate of relief under this statute to pay a $50 fee to the clerk of superior court at the time the petition is filed. Directs that fees collected under new subsection (h) are to be deposited in the General Fund. Provides that new subsection (h) does not apply to a petition filed by an indigent.
Effective October 1, 2017, and applies to petitions for certificates of relief filed on or after that date.
|Intro. by Faircloth.||GS 15A|
Amends GS 20-135.2A to delete the provision prohibiting the use of a rear seat vehicle occupant's failure to wear a seat belt as a justification to stop a vehicle. Raises the penalty for rear seat vehicle occupants' failure to wear a seat belt from $10 to $20.
Effective December 1, 2017.
|Intro. by Faircloth.||GS 20|
Amends GS 20-141.4, which sets out the offenses of felony and misemeanor death by motor vehicle, felony serious injury by vehicle, aggravated felony serious injury by vehicle, and aggravated felony death by vehicle. Establishes that a person commits these death or serious injury by vehicle offenses if the person proximately causes the death or serious injury of another person while engaged in the offense of driving while license revoked for impaired driving under GS 20-28(a1). Makes technical and conforming changes to the statute. Effective December 1, 2017, and applies to offenses committed on or after that date.
|Intro. by Faircloth.||GS 20|
Sections 1 & 2
Subject to voter approval, amends Article II, Sections 3 and 5, of the NC Constitution, directing the Independent Redistricting Commission, beginning as soon as practical, to revise the Senate and Representative districts and the apportionment of Senators and Representatives among those district after the return of every decennial census of population take by order of Congress. Requires the revision of districts and apportionment of Senators and Representatives so that the districts, to the extent possible, meet three goals: (1) the goal of compactness, to avoid elongated and irregularly shaped districts; (2) the goal of one person, one vote to ensure each voter's vote; and (3) the goal of minimizing the number of split counties, municipalities, and other communities of interest. Requires all districts to be contiguous, and prohibits precincts from being split. Deletes previous provisions that required the General Assembly to conduct the revisions of districts and the apportionment of Senators and Representatives subject to specified requirements. Effective beginning with the redistricting done upon the return of the 2020 decennial census.
Subject to voter approval, adds new Section 25 to Article II of the NC Constitution, establishing the Independent Redistricting Commission (Commission). Sets out membership of the Commission, consisting of seven persons, all of retired judges and justices, appointed by the Chief Justice of the NC Supreme Court, the Governor, the President Pro Tempore, and the Speaker of the House, as specified. Provides other parameters for the appointment of initial and subsequent members of the Commission, including requiring the appointing officers to take into account the advisability of having the Commission reflect the State's geographic, gender, racial, and ethnic diversity. Provides that the term of initial members is until successors are appointed and qualified. Provides that subsequent members are to take office the first day of July each year ending in the number zero, and continue until successors are adopted. Sets parameters for filling vacancies and electing a chair. Requires that NC residency is required to be eligible for appointment to the Commission. Prohibits any person who has served as a member of the Commission from being eligible to hold any elective State office for four years after termination of service on the Commission. Defines public office to mean any partisan or nonpartisan office filled by election by the people on a statewide, county, municipal, or district basis.
Directs the Commission to adopt plans for revising the Senate districts and Representative districts, in accordance with Sections 3 and 5 of Article II as amended. Establishes that these plans have the same force and effect of acts of the General Assembly. Expressly prohibits the General Assembly from adopting any legislative district plan. Further provides that the Commission is responsible for adopting a district plan for election of members of the House of Representatives of US Congress. Expressly prohibits the General Assembly from adopting any district plan for election of members of the US House of Representatives. Requires the Commission to adopt district plans by October 1 of the year following each decennial census of population taken by order of Congress. Requires a minimum 45-day period for public comment on a plan before it is finally adopted. Prohibits the Commission from considering the following in preparing or adopting its plans: (1) the political affiliation of voters; (2) voting data from previous elections; (3) the location of incumbents' residences; and (4) demographic data from sources other than the US Bureau of the Census, with racial and ethnic data only being used for the purposes of compliance with the US Constitution and laws enacted pursuant thereto.
Provides that the Commission is to adopt a new district plan in the event that a plan it has adopted is held invalid. Directs the Commission to consider the relevant requirements of the US Constitution and acts of Congress, and comply with the NC Constitution as enunciated by the NC Supreme Court. Permits the General Assembly to by law assign the Commission the duty to adopt districting and redistricting plans for any county, city, town, special district, and other governmental subdivision if the governing board of the unit or a court of competent jurisdiction so requests.
Effective January 1, 2020.
Sections 4 and 5
Makes conforming changes to Section 22(5) of Article II of the NC Constitution, effective January 1, 2021, and Section 8 of Article VI of the NC Constitution, effective January 1, 2020.
Sections 6 and 7
Sets out the question to be used on ballots for voter approval of the constitutional amendments provided in Sections 1-5 of this act at the statewide election on November 8, 2017.
Effective only if the proposed constitutional amendments are approved by voters, enacts new Article 12B to GS Chapter 163, Redistricting. Sets out that the Independent Redistricting Commission is administratively housed in the UNC School of Government. Authorizes the Commission to retain independent staff under contract to prepare the redistricting plans covered by Section 25 of Article II of the NC Constitution. Prohibits the staff from providing any instructions as to the content of plans that are being drafted for consideration by the General Assembly other than to follow the guidelines set out in Section 25 of Article II.
Enacts new GS 7A-115, requiring the clerk of superior court to notify the Administrative Office of the Courts whenever a session of superior court ends early, so that the presiding judge may be reassigned to another district if necessary.
|Intro. by Stevens.||GS 7A|
Amends GS 7A-45.1, pertaining to special judges, to add a new subsection (e) that prohibits a special judge from being assigned a district unless there is at least four hours of work as determined by the chief resident superior court judge of that district.
|Intro. by Stevens.||GS 7A|
Amends GS 1-267.1 to authorize the Chief Justice to appoint district court judges, in addition to the currently authorized superior court judges, to the three-judge panels for actions challenging the validity of acts of the General Assembly.
|Intro. by Stevens.||GS 1|
Amends GS 115C-562.5(a), which sets forth the qualifications a nonpublic school must meet to accept eligible students receiving scholarship grants, to add new subdivision (2a), requiring the nonpublic school to provide the State Education Assistance Authority documentation that the nonpublic school is accredited by the State Board of Education or a national or regional accrediting agency recognized by the Division of Nonpublic Education, Department of Administration. Applies beginning with the 2017-18 school year.
|Intro. by Ager.||GS 115C|
Repeals SL 2015-241, Section 12F.12 (allocating funds to local management entities/managed care organizations for alcohol and substance abuse treatment services, instead of to State-operated alcohol and drug abuse treatment centers). Directs the Office of State Budget and Management (Office), in conjunction with the Department of Health and Human Services (DHHS), to realign the affected DHHS base budgets to ensure that funds appropriated to DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for allocation to the local management entities/managed care organizations for each year of the 2017-19 fiscal biennium, be directly allocated to the State Alcohol and Drug Abuse Treatment Centers. Directs the Office to amend and certify the affected Department of Health and Human Services base budgets.
Effective July 1, 2017.
|Intro. by Ager.||UNCODIFIED|
Enacts GS 41-34, permitting an agricultural conservation easement on qualifying farmland, as defined in GS 106-737, to include a provision that provides the easement holder a right of first refusal or option to purchase the land encumbered by the easement at agricultural value. Establishes that when executed, a right of first refusal or option to purchase land at agricultural value included in an agricultural conservation easement can exist in perpetuity, run with the land, and bind all future owners of the farmland encumbered by an agricultural conservation easement. Defines agricultural conservation easement to mean a negative easement in gross restricting residential, commercial, and industrial development of land for the purpose of maintaining its agricultural production capability. Defines agricultural value to mean the value of land encumbered by an agricultural conservation easement based upon the highest and best use of the land for agricultural purposes, which value may rise and fall commensurate with the market conditions, inflation, or other valuation factors. Applies to agricultural conservation easements executed on or after the date the act becomes law.
|Intro. by Ager.||GS 41|
Amends GS 115C-296 to exempt out-of-state teacher's license applicants who are licensed in another state from testing requirements established by the State Board of Education for an initial bachelor's degree license or graduate degree license if the applicant meets all other licensure requirements, has at least three years of teaching experience in the five years prior to submitting the application, and has received satisfactory performance evaluations and met student growth expectations in the field of licensure in the three most recent years of teaching. Directs the State Board of Education to adopt rules to expedite the processing of licensure applications submitted by military spouses who meet the requirements of GS 93B-15.1. Provides for a two-year temporary license for military spouses with teacher licenses in other jurisdictions whose licensure requirements are not substantially equivalent or exceeding the North Carolina requirements, while the applicant satisfies the requirements of a North Carolina teacher's license.
Directs the State Board of Education to develop procedures for Regional Alternative Licensing Centers (RALCs) and approved educator preparation programs to evaluate and advise military spouses applying for a lateral entry teaching license. Provides for RALCs and educator preparation programs evaluating a military spouse who was granted a three-year initial teaching license, but was not employed continuously for the time period due to a deployment or reassignment of the applicant's spouse, to contact other RALCs or educator preparation programs that have evaluated the military spouse to obtain relevant documentation or information for licensure. Directs the State Board of Education to report to the Joint Legislative Education Oversight Committee by November 15, 2017, on these procedures.
|Intro. by G. Martin, Horn.||GS 115C|
Subject to voter approval at the statewide election on November 6, 2018, amends Article II, Section 11, of the NC Constitution to limit the length of legislative sessions as follows. Requires that, beginning with the regular session in 2019, the General Assembly must jointly adjourn the regular session on or before June 30 of each calendar year. In odd-numbered years, allows the General Assembly to initially convene the regular session for no more than two consecutive calendar days, jointly adjourn for no more than 30 consecutive calendar days, and reconvene in regular session. Establishes that when the General Assembly jointly adjourns the regular session on or before June 30, it stands adjourned until at least January 1 of the following calendar year. Provides that no valid action other than a resolution of adjournment can be taken up by the General Assembly after the time limits prescribed have expired. Clarifies that these time limitations do not apply to any reconvened session called under Article III, Section 5, of the Constitution (pertaining to the power of the Governor to call the General Assembly by proclamation to convene in extra session).
|Intro. by Dollar.||CONST|
Amends GS 143B-139.5A to direct the Department of Health and Human Services, Division of Social Services, to negotiate with Indian tribes, organizations, and consortia that request the development of an agreement with the State to administer foster care, adoption assistance, and kinship guardianship assistance programs on behalf of Indian children under their authority. Directs the Department of Health and Human Services, Division of Social Services, to adopt the federal Indian Child Welfare Act, 25 USC s. 1901 et seq., as a best practice in the placement of all Indian children in foster care or adoption by the Division.
|Intro. by C. Graham.||GS 143B|
Enacts new GS 14-208.7A, requiring persons who are required to register with the Sex Offender and Public Protection Registration Program to pay an initial registration fee of $90 at the time of initial registration, and an annual registration fee of $90, due on the anniversary of the date of registration. Requires sheriffs to register persons, regardless of whether they pay the fee under this statute. Authorizes the Attorney General to recover fees that go unpaid for more than one year in a civil action. Provides for the allocation of the collected fees to be used to cover the cost of collection and registration. Does not apply to juveniles required to register under GS Chapter 14, Article 27A, Part 4.
Makes conforming changes to GS 15A-1343(b2) and GS 15A-1368.4(b1) (concerning special conditions for probation and post-release supervision for persons required to register with the Sex Offender and Public Protection Registration Program).
Effective December 1, 2017. The requirement to pay an initial registration fee applies to all adult persons who initially register on or after that date. The requirement to pay an annual registration fee applies to all adult persons registered on or after that date. The probation and post-release supervision requirements apply to persons placed on probation or post-release supervision on or after that date.
Identical to S 522, filed 3/29/17.
Amends GS 143-143.21A (regarding purchase agreements and buyer cancellations for manufactured homes) to provide that initial deposit means any money paid to the dealer by the buyer before midnight of the third business day after the date the buyer signed the purchase agreement, for the purpose of the statute. No longer requires a purchase agreement for a manufactured home to include the estimated terms of financing the purchase. Amends the text of the currently required notice, and amends the form of the notice, requiring the notice to be signed by the buyer. Authorizes the buyer to cancel the purchase agreement until midnight of the third business day following the signing of the purchase agreement. Provides that the buyer is only entitled to one notice of cancellation, provided at the time of the initial deposit. Directs the dealer to return the initial deposit (currently, the deposit or other payment), paid before the cancellation period expires, to a buyer that cancels during the cancellation period. Deletes the provision requiring return of the deposit if the material terms for the purchase agreement are changed by the dealer. Deletes the provision requiring additional cancellation periods for new financing terms. Makes conforming changes. Authorizes the dealer to retain 10% of any deposit (currently, deposit or other payment) if a buyer cancels the purchase after the 3-day period, and the manufactured home is in the dealer's inventory. Provides that the buyer and dealer may negotiate other terms relating to the deposit, including the right to receive a full deposit refund.
Effective October 1, 2017, and applies to purchase agreements entered on or after that date.
|Intro. by Szoka, Watford, Zachary, Goodman.||GS 143|
Enacts new GS 143C-3-3.1 to require the Governor, commencing with the fiscal year beginning July 1, 2019, to begin the implementation of a zero-based budget (as defined in the act). Requires a schedule for a four-year phase in. Requires the Governor to identify which agencies are required to submit a zero-based budget for each of the four fiscal years and sets out requirements for those agencies.
Amends GS 143C-3-5, Budget recommendations and budget message, to require, beginning with 2019‑20, that the Governor present budget recommendations to the General Assembly that include zero-based budgets for certain state agencies identified by the Governor; requires that beginning with 2021‑22, the entire budget for the 2021‑23 fiscal biennium be a zero‑based budget.
|Intro. by Blust.||GS 143C|
Renames GS 62-133.13 as Recovery of costs related to the management of coal combustion residuals and unlawful discharges from coal combustion residuals surface impoundments to the surface waters of the State. Deletes existing provisions and now provides that the NC Utilities Commission cannot allow an electric public utility to recover from the retail electric customers of the State: (1) costs incurred on or after January 1, 2014, related to the management of coal combustion residuals disposed of in coal combustion residuals surface impoundments, including costs associated with complying with the provisions of Part 2I of Article 9 of GS Chapter 130A (Coal Ash Management) or (2) costs incurred on or after January 1, 2014, related to an unlawful discharge to the surface waters of the State from a coal combustion residuals surface impoundment, unless the Commission determines the discharge was due to an event of force majeure. Defines coal combustion residuals surface impoundment as defined in GS 130A-309.201. Defines costs related to unlawful discharges to the surface waters of the State to include any corrective actions required of the electric public utility under State or federal law.
Repeals GS 130A-309.214, which sets out requirements for the closure of coal combustion residuals surface impoundments.
Amends GS 130A-309.213 (Prioritization of coal combustion residuals surface impoundments) to establish nine considerations the Department of Environmental Quality (Department) must take into account when assessing the risk of coal combustion residuals surface impoundments for classification in accordance with the statute, including the structural condition and hazard potential of the impoundment, and whether the impoundment is located within an area subject to a 100-year flood. Deletes subsection (d), pertaining to the Department's final classification for each impoundment.
Enacts GS 130A-309.214A, providing for the method and schedule of closure of coal combustion residuals surface impoundments.
Requires all coal combustion residuals impoundments to be dewatered, and requires the owner of the impoundment to (1) remove all coal combustion residuals from the impoundment, (2) return the former impoundment to a nonerosive and stable condition, and (3) dispose the coal combustion residuals in a municipal solid waste landfill located on the same property as the impoundment. Requires municipal solid waste landfills that receive coal combustion residuals to comply with the siting and design requirements for disposal sites established by 15A NCAC 13B .0503, except that in lieu of the liner requirement, the landfill must include a bottom liner system consisting of three components as described. Requires the landfill to otherwise comply with the construction, closure, and post-closure requirements established in 15A NCAC 13B .1600, and be subject to all applicable requirements of GS Chapter 130A and all other applicable rules adopted thereunder.
Sets out the schedule of closure for impoundments classified pursuant to GS 130A-309.213, providing: (1) high-risk impoundments must be closed as soon as practicable but no later than August 1, 2019; (2) intermediate-risk impoundments must be closed as soon as practicable but no later than August 1, 2024; and (3) low-risk impoundments must be closed as soon as practicable but no later than August 1, 2029.
Amends GS 50-19.1 to further authorize an appeal from orders or judgments adjudicating the validity of a premarital agreement, in addition to the currently listed matters, which would be a final order but for other pending claims in the action.
|Intro. by Stevens, Jackson.||GS 50|
Directs the Joint Legislative Program Evaluation Oversight Committee to amend the Program Evaluation Division work plan to direct the Program Evaluation Division to study the average length of time between the deadline to apply for licensure and the granting of licensure to qualified applicants for each occupational licensing board established under the laws of the State, and to report its results to the chairs of the Joint Legislative Program Evaluation Oversight Committee by May 1, 2018.
|Intro. by Riddell, Millis, Bradford.||STUDY|
Enacts new GS 103-15 (SUDEP Awareness Week), as title indicates.
|Intro. by Riddell, Malone, Beasley, Murphy.||GS 103|
Amends GS 20-140.4 to prohibit the operation of mopeds upon highways or public vehicular areas after sunset without wearing clothing or a vest that is bright and visible from a distance of at least 300 feet to the rear of the moped. Violation is an infraction, and results in a penalty of $25.50, plus fees. Makes technical changes. Effective December 1, 2017, and applies to offenses committed on or after that date.
|Intro. by Elmore.||GS 20|
Adds new Article 43, North Carolina Naturopathic Doctors Certification Act, to GS Chapter 90. Prohibits a person from practicing naturopathic medicine without a state certification issued pursuant to the bill, with specified exemptions. Defines naturopathic medicine generally as a system of natural health care that employs diagnosis and treatment using natural therapies and diagnostic techniques. Sets out the techniques that may be used by naturopathic physicians, and prohibits practice outside of the authorized techniques unless otherwise licensed or certified. Makes violation of proposed GS 90-734 a Class 1 misdemeanor. Establishes the NC Naturopathic Physicians Certification Board (Board), with seven members (three appointed by the Governor and two each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate, with each member having to come from specified groups) to be appointed by January 1, 2018. Prohibits members from serving more than two consecutive terms. Charges Board with administration of the certification program. Sets out qualifications for certification as a naturopathic physician, fees that may be charged by the Board, and the Board's disciplinary authority. Permits criminal record checks for certified naturopathic doctors and persons seeking certification. Creates a six-member Advisory Council to assist the Board in administration of the certification program, with member terms beginning July 1, 2018. Makes conforming changes.
Creates the 10-member Joint Legislative Study Committee on Public Records and Open Meetings to study ways to improve transparency of state and local government in the state. Requires the Committee to examine existing laws regarding public access to government records and meetings and legislation enacted in other states that allows greater public access than we currently have in North Carolina. Specifies issues to be included in the study. Requires five members of the House of Representatives to be appointed by the Speaker of the House and five members of the Senate to be appointed by the President Pro Tempore of the Senate. Sets out provisions concerning naming cochairs, filling vacancies, and staffing the Committee. Requires an interim report to the 2017 General Assembly when it reconvenes in 2018 and requires a final report to the 2019 General Assembly, at which time the Committee terminates.
|Intro. by Collins, Jordan, Bradford.||STUDY|
Amends GS 163-278.11 to raise the level at which a campaign treasurer is required to report information on a campaign donor from $50 to $100.
Amends GS 163-278 to authorize cash donations to campaigns of up to $100 (currently, $50).
Repeals GS 163-166.13(a)(1) (authorizing curbside voters to present specified government documents in lieu of photo identification) and amends GS 163-166.9 to require curbside voters to present photo identification in accordance with GS 163-166.13.
Requires the State Board of Elections to enhance its public website to allow voter searches by street name and house number, in addition to the criteria currently used to conduct voter searches on the website.
|Intro. by Speciale.||UNCODIFIED|
Amends GS 163-45(c) to establish seven express rights of election observers. Details explicit right to: (1) begin observation duties from the time the judge of elections enters the polling location until all ballot containers are officially sealed and the voting enclosure is secured for the day; (2) hear the name and address of each voter when the voter first announces the voter's name at the initial check‑in table and ask any election official to repeat the name or address of the voter if the observer was unable to hear the voter's name or address when it was initially announced; (3) observe curbside voting and hear the name or address of the voter as it is announced and to ask any election official to repeat the name or address of the voter if the observer is unable to hear the voter's name or address when initially announced; (4) traverse freely between the curbside voting area and the voting enclosure throughout the curbside voting process; (5) observe curbside voting at such a distance as to enable the observer to hear any instruction or verbal communication between the election assistant and the curbside voter; however, does not allow the election observer to stand within five feet of the curbside voter's vehicle; (6) keep in view any and all ballot boxes until after the ballot boxes are sealed at the end of the day; and (7) only be expelled by a chief judge of elections for cause, in writing, with the expulsion notice signed by the chief judge and at least one other judge assigned to that precinct before the expulsion notice may be lawfully served on the observer. Applies to observations for elections held on or after the date the act becomes law.
Amends GS 163-275 to make the felonies in that statute (relating to voter fraud) a Class G felony (currently, a Class I felony).
Amends GS 163-82.4(b)(1) to make falsely stating, on a voter application form, that an applicant meets the listed voter requirements, a Class G felony (currently, Class I felony).
Amends GS 163-82.7A to make falsely claiming a religious objection to being photographed, as an exemption to the photo ID voter requirement, a Class G felony (currently, Class I felony).
Effective December 1, 2017.
Directs the State Board of Elections to revise the voter registration application form used to request information of the applicant pursuant to GS 163-82.4 to clearly and conspicuously include on the voter registration application the provided statement, stating that no application can be denied for failure to indicate race or ethnicity. Applies to elections held on or after the date the act becomes law.
|Intro. by Insko.||UNCODIFIED|
Amends GS 163-82.5 by adding the requirement that the State Board of Elections (State Board) make the voter registration application forms available for completion and submission on a secure website.
Enacts new GS 163-82.5A allowing an individual to register to vote or change voter registration online if the individual: (1) is eligible to register to vote and (2) possess a current and valid North Carolina driver's license (including a learner's permit or provisional license) or a special identification card for nonoperators. Requires the State Board to establish a secure website for the completion and submission of voter registration applications. Specifies information that the website must allow an individual to submit, including information to establish eligibility and the individual's email address. Requires the county board of elections, upon receipt of an online application, to verify specified applicant information. Requires the Division of Motor Vehicles (DMV) to transfer the applicant's digital signature in the DMV records to the State Board if the State Board verifies the driver's license or Social Security number. Requires the State Board to notify the applicant if the State Board cannot verify the driver's license or Social Security number.
Amends GS 163-82.10 to add specified identifying information submitted during the online voter registration application process to the information that is confidential.
Effective December 1, 2017.
|Intro. by Insko, Meyer.||GS 163|
Enacts GS 93B-17, providing that a licensing board can appear in its own name in superior court in actions for injunctive relief to restrain the violation of the provisions of a statute administered by the board or a rule or order of the board. Provides that the superior court has jurisdiction to grant these injunctions or restraining orders or take other appropriate action even if criminal prosecution has been or may be instituted as a result of the violations or whether the person is a licensee of the board. Prohibits a board from issuing orders independently of the superior court unless specifically authorized to do so by law. Amends GS 150B-3 (APA's special provisions on licensing) to remove the authority for occupational licensing boards to summarily suspend an occupational license. Applies to licensing board actions occurring on or after the date the act becomes law.
Amends GS 115D-5(b) to authorize the State Board of Community Colleges to provide for waiver of tuition and registration fees for courses for senior citizens who are 65 years or older, and legal North Carolina residents, for up to six credit hours per academic semester. The waiver does not apply to other costs associated with instruction.
Effective July 1, 2017, and applies beginning with the 2017-18 academic year.
|Intro. by Howard, Setzer, Henson, Elmore.||GS 115D|
Amends GS 14-415.1 (Possession of firearms, etc., by a felon prohibited) to make violations of that statute a Class C felony (was, Class G felony).
Amends GS 14-54 (Breaking or entering buildings generally). Makes the felonies in that statute for breaking or entering any building with intent to (1) commit any felony or larceny therein or (2) terrorize or injure an occupant of the building Class G felonies (was, Class H felonies). Creates a new Class D felony for any person who breaks or enters any building that is occupied with intent to commit any felony or larceny therein.
Effective December 1, 2017, and applies to offenses committed on or after that date.
|Intro. by Brawley, Dollar, Henson.||GS 14|
Establishes a 10-member Joint Legislative Study Committee on the Division of Local School Administrative Units (Committee), with half of its membership each being appointed by the President Pro Tem. of the Senate and the Speaker of the House of Representatives. Directs the Committee to study and make recommendations on five listed topics, including the feasibility and advisability of enacting legislation to permit local school administrative units that were merged from separate units to be divided into separate units once again. Provides for the administration, expenses, support staff, meeting time, and member compensation of the committee. Directs the Committee to submit a final report on its results, including proposed legislation, to the Senate and the House of Representatives, by May 1, 2018. The Committee terminates on May 1, 2018, or upon the filing of its final report, whichever occurs first.
|Intro. by Brawley, Malone, Bradford.||STUDY|
Amends GS 143B-282(a)(1) to authorize the Environmental Management Commission to identify, review, and assess reports prepared by the Department of Environmental Quality required by an act of the General Assembly that the Commission finds would have a significant public interest and to include that assessment in its report to the Environmental Review Commission.
|Intro. by Bradford, Riddell, Millis.||GS 143B|
Enacts new GS 7A-223(b1) providing that the plaintiff can request that a claim for summary ejectment be severed from the claim for monetary damages in regards to a small claim action demanding summary ejectment and monetary damages, where service of process was achieved solely by first-class mail and affixing the summons and complaint to the premise pursuant to GS 42-29. Requires the magistrate to sever the claim for monetary damages and proceed with the claim for summary ejectment after finding that personal service was not achieved for one or more defendants. Provides that if severed by the magistrate, the plaintiff can extend the action in accordance with GS 1A-1, Rule 4(d). Provides that the judgment of a magistrate in the severed claim for summary ejectment does not prejudice any claims or defenses of any party in the severed claim for monetary damages.
Amends GS 1A-1, Rule 4(h1), eliminating the provision excepting summary ejectment from the provisions of subsection (h1), pertaining to a summons returned unexecuted.
Enacts new GS 42-28(b), providing that in counties with 200,000 or more residents as of the most recent decennial federal census, after the summons is issued, at the election of the plaintiff, the clerk must either (1) return the summons to the plaintiff or (2) forward the summons to the sheriff for service. Provides that if the magistrate serves the claim for monetary damages pursuant to GS 7A-223(b1), the plaintiff can extend the action in accordance with GS 1A-1, Rule 4(d).
Amends GS 42-29, adding new subsection (b) to provide that, only with respect to service for summary ejectment proceedings in counties with 200,000 or more residents as of the most recent decennial federal census, process server means any person over the age of 21 years (1) who is not a party to the action, (2) who is not related by blood or marriage to a party to the action or to a person upon whom service is to be made, and (3) who is hired by the plaintiff or the plaintiff's agent or attorney for the purpose of serving the summons and complaint for summary ejectment. Defines the term officer to mean the sheriff of the county where the subject premises is situated.
Adds new subsection (c) to provide that, only with respect to service for summary ejectment proceedings in counties with 200,000 or more residents as of the most recent decennial federal census, a process server can effectuate proper service upon a defendant solely for purposes of summary ejectment by mailing a copy of the issued summons and signed complaint to the defendant no later than the end of the next business day after receipt of said summons and complaint or as soon as practicable at the defendant's last known address in a stamped addressed envelope provided by the plaintiff to the action. Requires the process server to then deliver a copy of the summons together with a copy of the complaint to the defendant by affixing copies of to some conspicuous part of the premises claimed, and make due return showing compliance with this statute in the form of an affidavit of service setting forth the time, place, and manner by which the requirements were completed.
The above provisions are effective October 1, 2017, and apply to actions for summary ejectment filed on or after that date.
Amends GS 7A-146, adding new subdivision (13) to require the chief district court judge to ensure small claims court is held at least twice per week as part of the judge's administrative supervision and authority.
Identical to S 602, filed 4/4/17.
Amends GS 44A-11.1 (Lien agent; designation and duties). Provides that attorneys who contact a lien agent in writing and request copies of the notices to lien agent and cancellations of notice to lien agent received by the lien agent by the specified time frame have fulfilled the attorney's professional obligation as a closing attorney to check such notices and cancellations.
Amends GS 44A-11.2 (Identification of lien agent; notice to lien agent; effect of notice). Authorizes a potential lien claimant who has been paid an amount satisfactory to resolve the notice to lien agent previously filed to file a Cancellation of Notice to Lien Agent with the designated lien agent within 15 days of receipt of payment utilizing an Internet Web site, as specified. Authorizes a potential lien claimant to file a Cancellation of Notice to Lien Agent with the designated lien agent for any reason at any time. Lists required information for a Cancellation of Notice to Lien Agent. Provides that a Cancellation of Notice to Lien Agent received by the lien agent from a potential lien claimant cancels and discharges the Notice to Lien Agent and corresponding protections as to the subject matter of the Notice. Provides that later Notices do not relate back to the original Notice. Provides that Notices to Lien Agents are discharged five years from the date of filing if not cancelled or renewed pursuant to this statute.
Amends GS 58-26-45 to raise the fee for services rendered pursuant to each designation as a lien agent for improvements to one- or two- family dwellings from $25 to $30, and for services rendered pursuant to each designation as a lien agent for all other improvements to real property from $50 to $58. Makes conforming changes.
Effective January 1, 2018.
Identical to S 104, filed 2/16/17.
Amends GS 90-85.15, which sets out the parameters for licensure as a pharmacist, to require the applicant to include the applicant's age in the application for licensure.
Deletes the provisions of subsection (c), relating to criminal record checks of applicants by the Department of Public Safety. Instead, directs the Board of Pharmacy (Board) to require each applicant to provide the Board with a criminal record report. Requires the applicant to obtain criminal record reports from one or more reporting services designated by the Board. Requires the Board to keep all information obtained pursuant to this statute privileged, and establishes that this information is not public record. Requires the applicant to pay the designated reporting service for the costs of these reports.
Makes technical, organizational, and clarifying changes. Effective January 1, 2018.
|Intro. by Jordan, Brenden Jones, Wray.||GS 90|
Enacts GS 75-43, setting out information required to be on top of a document used by a person, firm, or corporation to solicit a fee in exchange for providing a copy of a record available at the register of deeds office. Prohibits a document used for solicitation governed by this statute from containing deadline dates or be in a form or contain language designed to make the document appear to be issued by a State agency or local unit of government or appear to impose a legal duty on the person begin solicited. Prohibits a person, firm, or corporation soliciting a fee in exchange for providing a copy of a record from charging a fee that is greater than four times the amount the register of deeds with custody of the record would charge for a copy of the same record. Establishes that a violation of the statute constitutes an unfair trade practice under GS 75-1.1, and is subject to all of the enforcement and penalty provisions under Article 1 of GS Chapter 75. Defines solicit to mean to advertise or market to a person with whom the solicitor has no preexisting business relationship. Effective July 1, 2017.
Amends GS 161-10 (Uniform fees of registers of deeds). Establishes that the fees detailed in subdivision (1) of subsection (a) of the statute apply to the registration or filing of any subsequent instrument that relates to a previously recorded deed of trust or mortgage. Current law, subdivision (1a) of subsection (a), prohibits a fee for recording records of satisfaction or the cancellation of record by any other means of deeds of trust or mortgages. Makes technical changes. Adds new subsection (d) to define subsequent instrument to mean the same as set forth in GS 161-14.1(a)(3).
Amends GS 161-14.1(a)(3) to include in the examples set forth of subsequent instruments an amended and restated instrument.
Effective October 1, 2017, and applies to instruments submitted for registration on or after that date.
Enacts new GS 20-219.5 making it illegal for anyone other than the owner or lessee of a privately owned or leased parking space to park in the space without express permission if the private parking lot is clearly designated as private by a sign that meets the required specifications. Allows a vehicle illegally parked in a privately owned parking space to be immobilized in the space upon the written request of the parking space owner or lessee. Also makes it illegal for any person other than the immobilization company that attached the immobilization device to remove or tamper with the immobilization device. Sets out penalties for violations and makes violations that cause damage to the immobilization device to the extent that the device is unusable for its primary purpose, or otherwise prevents the immobilization company from further using the device, a Class 1 misdemeanor. Prohibits local governments from passing ordinances regulating the immobilization of vehicles unlawfully parked in privately owned or leased parking spaces or lots. Effective July 1, 2017.
|Intro. by Jordan, Setzer.||GS 20|
Amends GS 14-3. Amends the caption to read Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or against certain victims. Elevates a Class 2 or Class 3 misdemeanor, motivated in whole or in substantial part because of one or more of the victim's actual or perceived race, color, religion, age, nationality, national origin, country of origin, disability, military or veteran status, employment status or position, socioeconomic status, political affiliation, or association with a person or group with one or more of these actual characteristics, to a Class A1 misdemeanor. Elevates Class A1 or Class 1 misdemeanors, with the same motivation, to a Class H felony.
Amends GS 14-401. Amends the caption to read Intimidation of certain victims; teaching any technique to be used for intimidation of certain victims. Amends the crime under that statute to be for persons who assault another person or damage or deface the property of another person in whole or in substantial part because of the victim's actual or perceived status as having any of the listed characteristics in amended GS 14-3, described above. Provides that that crime is a Class H felony. Provides that assembly with one or more persons to teach any technique or means to be used to accomplish a violation of this statute is a Class A1 misdemeanor.
Enacts new GS 15A-1340.16E (Enhanced sentence if defendant is convicted of a felony against certain victims). Provides that a person convicted of a felony in whole or in substantial part because of the victim's actual or perceived status as having any of the listed characteristics in amended GS 14-3, described above, is guilty of a felony that is one class higher than the underlying felony for which the person was convicted. Provides procedural requirements for indictments or informations under this statute, and requires proof of the issue beyond a reasonable doubt during the same trial in which the defendant is tried for the felony, unless the defendant pleads guilty or no contest to that issue. Requires a jury to determine the issue when the defendant pleads guilty or no contest to the felony, but pleads not guilty to the issue.
Effective December 1, 2017, and applies to offenses committed on or after that date.
Contains whereas clauses.
Appropriates $2,263,440 for 2017-18 from the General Fund to the Board of Governors of the University of North Carolina to be allocated to East Carolina University to develop plans for the construction of a new medical education building at the Brody School of Medicine at East Carolina University. Effective July 1, 2017.
|Intro. by Murphy, S. Martin, Yarborough.||APPROP|
Contains whereas clauses.
Directs the Legislative Research Commission to study whether North Carolina's statutes related to guardianship of the person should be amended to include a process for implementing supported decision-making. Encourages the Commission to review specified documents and treaties. Authorizes the Commission to make an interim report to the 2017 General Assembly when it reconvenes in 2018, and directs the Commission to make its final report to the 2019 General Assembly.
|Intro. by Farmer-Butterfield, Pierce, Steinburg, Morey.||STUDY|
Includes whereas clauses.
Creates the Joint Legislative Study Committee on Fair Redistricting (Committee). Provides for the appointment of 14 members who have experience in the redistricting process or with voting rights laws and issues. Provides for the designation of cochairs, nonvoting members, and the filling of vacancies. Establishes that a majority of the voting members constitutes a quorum. Provides for the Committee's powers, staffing, and expenses.
Establishes that the purpose of the Committee is to provide principles and guidance on issues studied by the Committee, as required below, to ensure that the 2020 House, Senate, and Congressional district plans for North Carolina are drawn fairly. Sets out that the work of the Committee is to ensure that districts are drawn free from unlawful racial or partisan gerrymandering in compliance with the Voting Rights Act and the US and NC Constitutions, federal and State statutes and regulations, and applicable court precedents. Charges the Committee with establishing redistricting principles, recommendations, and guidance for the General Assembly, considering North Carolina's history of racism and racial gerrymandering. Requires the Committee to ensure that it considers public input in the development of and in response to its final recommendations and those districts drawn by the General Assembly abide by the Voting Rights Act and the US and NC Constitutions, laws, and applicable court precedents.
Directs the Committee to study the four issues outlined in the act and provide the General Assembly with principles and guidance formulated from the study's findings for the 2020 redistricting process. Further directs the Committee to examine existing State and federal law and precedents regarding redistricting, the history of the redistricting process in North Carolina, and the legislation enacted in other states that encourages a fair, legal, and open redistricting process.
Directs the Committee to submit a final report including findings and legislative recommendations and guidance no later than June 15, 2018. Provides that if for any reason a majority of the Committee cannot agree on findings and recommendations, the Committee must provide a majority and minority party report. Terminates the Committee upon filing its final report or on June 15, 2018, whichever occurs earlier.
|Intro. by Farmer-Butterfield, Pierce, Terry, McGrady.||STUDY|
As title indicates.
|Intro. by Farmer-Butterfield, Earle, Meyer, Morey.||HOUSE RES|
Amends GS 20-152 (Following too closely) to exempt the drivers of nonleading commercial motor vehicles traveling in a group of individual commercial motor vehicles traveling in a unified manner through the use of an electronically interconnected braking system (also known as a platoon). Effective July 1, 2017. Does not affect prosecutions for offenses committed before the effective date of this act.
|Intro. by Torbett.||GS 20|
Amends GS 7A-41 (Superior court divisions and districts; judges) as follows.
Within subsection (a):
Splits Superior Court District 3A (Pitt County) into districts 3A1 and 3A2 (each consisting of part of Pitt County), with one judge each.
Creates new district 12D (part of Cumberland County), with one judge, and reduces the number of judges for district 12C (part of Cumberland County) from two judges to one judge.
Creates new districts 14C and 14D (each part of Durham County), with one judge each, and reduces the number of judges for judicial district 14B (part of Durham County) from three judges to one judge.
Splits district 28 (Buncombe County) into districts 28A and 28B (each consisting of all of Buncombe County), with one judge each.
Within subsection (b):
Provides for new districts 3A1 and 3A2 (Pitt County), 14C and 14D (Durham County), 28A and 28B (Buncombe County) specifying that they each have one judge.
Deletes the descriptions of the following district boundaries: 5A, 5B, and 5C (currently, New Hanover County. The bill deletes the county designation from the descriptions of these districts); 12A, 12B, and 12C (Cumberland County, retains the county designation but deletes the specified composition); 14B (Durham County, retains the county designation but deletes the specified composition); 18A, 18B, 18C, 18D, and 18E (Guilford County, retains the county designation but deletes the specified composition); 21A, 21B, 21C, and 21D (Forsyth County, retains the county designation but deletes the specified composition); 26A, 26B, and 26C (Mecklenburg County retains the county designation but deletes the specified composition).
Effective January 1, 2019, and directs elections in 2018 and thereafter to be held accordingly.
|Intro. by Burr, Stone, Destin Hall, Millis.||GS 7A|
Amends GS 160A-312 (city authority to operate public enterprises) and GS 153A-275 (county authority to operate public enterprises) to add a new subsection (d) to each statute, requiring cities and counties to account for a public enterprise in a separate fund and prohibit the transfer of any money from that separate fund to any other fund except as provided in new subsection (d) or Article 3 of GS Chapter 159. Permits obligations of the public enterprise to be paid out of the separate fund. Lists permitted transfers out of the separate fund, if applicable, as follows: (1) for a capitol project fund established for the construction or replacement of assets for that public enterprise; (2) to repay the city or county for any monies loaned to the public enterprise; (3) to a fund within the city or county to cover the public enterprise's portion of any costs shared across city or county funds, including salaries and benefits of shared personnel; or (4) for debt service related to the public enterprise. Adds new subsection (e) to each statute, defining outside the corporate limits to include any area outside the principal municipal corporate limits without regard to the county.
Amends GS 160A-314(a) (city authority to fix and enforce rates) and GS 153A-277(a) (county authority to fix and enforce rates), providing that different schedules for rents, rates, fees, charges, and penalties can be adopted for services provided outside of the city or county only if approved by the Local Government Commission after a public hearing. Adds that cities and counties must use revenues derived from rates, fees, charging, and penalties for the purpose of paying the expenses of maintaining, operating, and expanding the public enterprise including debt payments and capital reserves.
Amends GS 159-13(b)(14), deleting the provision prohibiting an appropriation to be made from a utility or public service enterprise fund to any other fund than the appropriate debt service fund unless the total of all other appropriations in the fund equal or exceed the amount that will be required during the fiscal year, as shown by the budget ordinance, to meet operating expenses, capital outlay, and debt service on outstanding utility or enterprise bonds or notes. Now provides that, except as provided in GS 153A-277, GS 160A-312, or subdivision (14) of GS 159-13(b), no appropriation can be made from a utility or public service enterprise fund to any other fund than the appropriate debt service fund.
States that the General Assembly finds that the ability of a city or county to efficiently and effectively provide public enterprise services, particularly water and sewer services, is challenged by that local government opting to use revenues of the public enterprise for purposes other than (1) paying the costs of operating the public enterprise, (2) making debt service payments, (3) investing in improvements to the infrastructure of that public enterprise, and (4) reimbursing the unit of local government for actual direct services provided to the public enterprise. States that the General Assembly further finds that any excess net revenues should be used to lower rates, advance fund debt service, and fund infrastructure improvements of that public enterprise.
Directs the Legislative Research Commission to study and make recommendations on four specified issues, including fee and charge setting by units of local government in the operation of a water or sewer system including collection rates of those fees and charges. Requires the Legislative Research Commission to consult with the Local Government Commission, the UNC School of Government, the Department of Environmental Quality, the NC League of Municipalities, the NC County Commissioners Association, and others in making the study. Directs the Legislative Research Commission to make an interim report to the 2017 Regular Session of the General Assembly prior to its reconvening in 2018, and to make a final report to the 2019 Regular Session of the General Assembly.
Effective July 1, 2017.
Amends GS 120-32.1 to authorize the Legislative Services Commission to charge a fee of up to $5 per month, while the General Assembly is in regular session, for parking spaces located in the upper level of State Parking Deck 65, in addition to any existing parking fee. The new fee shall be used to provide additional lighting and security for the parking deck. Adds the upper level of State Parking Deck 65 to those considered State Legislative buildings and grounds. Makes technical and conforming changes.
|Intro. by Arp, Dollar, Saine, Lewis.||GS 120|
Appropriates $250,000 each in recurring funds for 2017-18 and 2018-19 from the General Fund to the Department of Administration, Commission of Indian Affairs, to be used to create five full-time equivalent positions as described to conduct historical research and analysis; perform genealogical analysis; prepare findings and conclusions; and assemble, prepare, and submit findings and conclusions to the State recognition committee of the Commission of Indians Affairs.
Effective July 1, 2017.
|Intro. by Wray, Hunter, C. Graham, Steinburg.||APPROP|
To be summarized.
|Intro. by Harrison, Fisher, Autry, Ager.|
Amends Section 1(b) of SL 2007-523 to phase out permits for swine waste management systems currently operated under the moratorium for swine farms enacted in 2007. Requires closure of swine operations with lagoon and sprayfield waste systems by September 1, 2022. Requires the owner or operator of an animal waste management system that uses a lagoon and sprayfield system phased out under this act to close all of the components of the waste management system in compliance with all applicable federal and state laws, regulations, and rules. Excludes animal waste management systems that are a part of a waste-to-energy facility producing energy from the waste from the phaseout.
Creates a new Article 49I, Minimum Humane Standards for Certain Farm Animals, in GS Chapter 106 that requires the Board of Agriculture, in consultation with the state veterinarian, to set minimum humane standards for cows, poultry, and swine, including restrictions on tethering and confinement, kill methods, and transfer of sick cows. Makes violations by any farm owner or operator of the minimum humane standards a Class 2 misdemeanor. Provisions on minimum humane standards for livestock become effective January 1, 2018.
Directs the Division of Public Health of the Department of Health and Human Services (Division), with the cooperation of the Department of Agriculture and Consumer Services (Department), to study the use of antibiotic drugs in livestock production in North Carolina. Specifies the content and focus of the study and requires the Division and the Department to jointly report their findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services on or before January 1, 2019.
Except as otherwise indicated, this act is effective when it becomes law.
To be summarized.
|Intro. by Harrison, Insko, Fisher, Cunningham.|
Enacts new GS 163-278.12D, applicable to any corporation incorporated in this state that spends in the aggregate $10,000 or more of corporate treasury funds on independent expenditures or electioneering communications.
Requires a separate resolution subject to a shareholder vote to approve any spending of $10,000 or more in the aggregate by the corporation for any independent expenditures or electioneering communications, for any proxy or consent or authorization for an annual meeting of the shareholders of a corporation incorporated in this state where proxies are solicited in respect of any security occurring on or after six months following the date on which final regulations are published under subsection (d) of this section.
Allows a corporation to request authorization for spending on independent expenditures or electioneering communications on a more frequent basis.
Provides in (d) that if a corporation spends less than an aggregate $10,000 in a 12-month period for independent expenditures or electioneering communications, then it does not have to seek shareholder authorization for the spending.
Specifies that (1) the authorization vote must garner support from a majority of shareholders and (2) a vote by the shareholders to approve or disapprove any spending of $10,000 or more by a corporation for any independent expenditures or electioneering communications shall be binding on the corporation.
Provides that if a corporation makes an unauthorized independent expenditure, electioneering communication, or donation to a third party for such, then the directors at the time that the unauthorized contribution or donation was incurred are jointly and severally liable to repay to the corporation the amount of the unauthorized expenditure, with interest at the rate of 8% per year.
Applies to elections held on or after January 1, 2018.
|Intro. by Harrison.||GS 163|
Directs the Department of Public Instruction to study and make recommendations regarding the funding structures in place to provide mental health support in public schools. Lists five topics for the study to include. Directs the Department of Public Instruction to report its findings and recommendations, including legislative proposals, to the Joint Legislative Education Oversight Committee by December 15, 2018.
|Intro. by B. Turner, Dobson, Dollar, Cunningham.||STUDY|
Amends GS 105-164.3 (Definitions applicable to Article 5, Sales and Use Tax). Amends subdivision (33e) to define real property contract as a contract between a real property contractor and another person to: (1) perform construction, reconstruction, installation, repair, or any other service with respect to real property; (2) furnish tangible personal property to be installed or applied to real property and the labor to install or apply the tangible personal property that becomes part of real property; or (3) provide the labor to install or apply the tangible personal property that becomes part of real property (previously, the term is defined as a contract between a real property contractor and another person to perform construction, reconstruction, or remodeling with respect to a capital improvement to real property). Deletes subdivision (33i), defining repair, maintenance, and installation services. Amends subdivision (35) to provide that the term retailer includes a person (previously, a person other than a real property contractor) engaged in the business of delivering, erecting, installing, or applying tangible personal property or digital property for use in North Carolina that does not become part of real property. Amends subdivision (38b) to remove the provision that a service contract did not include a single repair, maintenance, or installation service, but did include a service contract for a pool, fish tank, or similar aquatic feature and a home warranty.
Amends GS 105-164.4(a)(13), establishing that the general tax rate applies to the sales price of tangible personal property sold (previously, the sales price of an item or service subject to tax under Article 5) to a real property contractor for use by the real property contractor or to fulfill a real property contract. Eliminates subdivision (16), establishing that the general tax rate applies to the sales price of or the gross receipts derived from repair, maintenance, and installation services.
Repeals GS 105-164.4H(d) (provisions for mixed transaction contract) and (e) (definitions applicable to Article 5).
Repeals the following subdivisions of GS 105-164.13 concerning exemptions from retail sales and use tax: (61a) (repair, maintenance, and installation services provided for an item for which a service contract on the item is exempt from tax under GS 105-164.4I); (61c) (installation charges that are a 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); and (61d) (installation charges that are a part of the sales price of or gross receipts derived from repair, maintenance, and installation services or installation charges only purchased by a real property contractor to fulfill a real property contract).
Makes conforming change to GS 105-164.4I(b), eliminating the tax exemption for the sales price of or the gross receipts derived from a service contract applicable to repair, maintenance, and installation services exempt under GS 105-164.13(61a).
Further amends GS 105-164.4I(b) to eliminate the clarification that the tax exemption for the sales price of or the gross receipts derived from a service contract applicable to an item exempt from tax under Article 5 did not apply to water maintained under a service contract for a pool, fish tank, or similar aquatic feature.
Reinstates GS 105-164.13(49), exempting from sales and use tax installation charges when the charges are separately stated on an invoice or similar billing document given to the purchaser at the time of sale (previously repealed effective March 1, 2016).
Effective July 1, 2017, and applies to sales made on or after that date.
|Intro. by Blust, Setzer, Henson.||GS 105|
Subject to approval by voters at the statewide election in November 2018, adds new Article XV of the North Carolina Constitution providing that the maximum annual percentage change in state fiscal year spending equals inflation plus the percentage change in state population in the prior calendar year. Allows the General Assembly to vote to increase this fiscal year spending limit, with approval by a two‑thirds majority of the members of each house of the General Assembly.
Creates the Emergency Reserve Fund (Fund), with appropriations from the Fund for declared emergencies upon approval by a two‑thirds majority of the members of each house of the General Assembly. Also creates the Budget Stabilization Fund (Stabilization Fund) to be used to make up the differences between total state revenues and the fiscal year spending limit when total state revenues are less than the fiscal year spending limit.
Specifies how to treat state revenues in excess of the fiscal year spending limit.
Prohibits the transfer of state cash fund principal from any state cash fund to the General Fund, other than transfers from the Fund or Stabilization Fund.
Prohibits the state from imposing on any unit of local government any part of the total costs of new programs or services, or increases in existing programs or services, unless a specific appropriation is made sufficient to pay the unit of local government for that purpose. Prohibits the proportion of state revenue paid to all units of local government from being reduced below that proportion in effect on July 1, 2018.
Includes a severabililty clause.
Requires the General Assembly to enact legislation to implement and enforce the new Article.
Sets out the ballot language.
If approved, effective July 1, 2019.
|Intro. by Blust, Riddell, Bert Jones, K. Hall.||CONST|
Enacts new GS 116-40.13 (Participation in conferences of intercollegiate athletic associations). Provides that if an intercollegiate athletic association boycotts the State, then any constituent institution of the University of North Carolina that participates in the conference is subject to the following requirements: (1) constituent institutions are prohibited from extending any grant of media rights to the conference beyond the period that is in force as of the date of enactment until at least five years after the termination of the boycott; (2) constituent institutions must segregate any revenue received as a result of membership, and place the funds in escrow until the amount in escrow is at least the amount of any penalty imposed upon the constituent institution for withdrawal from the conference, not to be expended without an appropriation by the General Assembly; and (3) constituent institutions must notify the conference in writing of the institution's intent to withdraw from the conference no later than when the assignment of its media rights expire, unless the conference immediately ends the boycott.
Provides that the General Assembly has final authority regarding the membership status of any constituent institution in any intercollegiate athletic association or conference.
|Intro. by Bert Jones, Millis, Brody, Collins.||GS 116|
The Daily Bulletin: 2017-04-10
Conference report makes the following changes to the 4th edition.
Adds to the whereas clauses.
Amends the act's long title.
Makes a clarifying change to the repeal of GS 126-5(d)(2c).
Amends GS 163A-2, concerning membership of the Bipartisan State Board of Elections and Ethics Enforcement (State Board), to add that violations of GS 163A-3(d) are considered nonfeasance. Provides that any vacancy on the State Board is to be filled by the Governor (was, any vacancy in an appointment made by the Governor). Provides that in 2017, and every four years thereafter, the chair must be a member of the political party with the highest number of registered affiliates, and the vice-chair from the political party with the second-highest number of registered affiliates. Provides that in 2019, and every four years thereafter, the chair must be a member of the political party with the second-highest number of registered affiliates, and the vice-chair from the political party with the highest number of registered affiliates.
Amends GS 163A-3, concerning meetings, quorum, and majority of the State Board, to provide that a majority of the members constitutes a quorum. Requires an affirmative vote of at least five members for all actions taken by the State Board, except as otherwise specified. Requires the State Board to adjourn for up to three days when it does not have a quorum, at which point the Governor may summarily remove any member failing to attend and appoint a successor.
Amends GS 163A-4 to make a conforming change.
Amends GS 163-182.13, concerning new elections, to make a conforming change.
Requires the Governor, notwithstanding GS 163A-2(f) and (g), to appoint a member of the State Board to serve as chair, a member to serve as vice-chair, and a member to serve as secretary, until its first meeting in May 2019, at which time the State Board shall select a chair and vice-chair in accordance with GS 163A-2(f) and a secretary in accordance with GS 163A-2(g).
Senate amendment #1 makes the following changes to the 1st edition.
Amends proposed changes to GS 143-64.02, expanding upon the definition of nonprofit tax exempt organizations to include nonprofits that refurbish computers for donation to low-income students or households, to add that those nonprofits must be qualified under rules adopted by the State Surplus Property Agency of the Department of Administration. Makes further technical and clarifying changes to the statute.
Amends GS 143-64.03 to require the State Surplus Property Agency, when distributing computer equipment to nonprofit entities that refurbish computers and donate them to low-income students or households in the State, to give consideration to the counties where the computer equipment will be donated to ensure that all geographic regions of the State benefit from the distributions.
Authorizes an agency to adopt an emergency rule in accordance with GS 150B-21.1A to effectuate the provisions of this act.
|Intro. by Tarte, Brock, Hise.||GS 143|
The Daily Bulletin: 2017-04-10
The Daily Bulletin: 2017-04-10
Actions on Bills: 2017-04-10
H 320: PUV CHANGES (NEW).
H 370: INTERSTATE COMPACT BILL.
H 375: SCHOOL CAL. FLEX./CC.
H 462: BANKING LAW AMENDMENTS.
H 620: UNC CAPITAL PROJECTS.
H 627: DOT/HONOR FALLEN WARRIORS.
H 684: SEX OFFENDER REGISTRY FEE.
H 686: ZERO-BASED BUDGETING.
H 690: SUDEP AWARENESS WEEK.
H 700: ONLINE VOTER REGISTRATION.
H 702: SENIORS CC TUITION WAIVER.
H 716: CMVS/USE OF PLATOONS.
H 723: GUN SAFETY ACT.
H 724: CITIZENS UNITED DISCLOSURES.
H 726: REPEAL SALES TAX ON RMI.
H 727: TAXPAYERS' BILL OF RIGHTS.
S 168: AOC OMNIBUS CHANGES (NEW).
S 345: INTERSTATE COMPACT BILL.
S 388: INCAPACITY TO PROCEED.
S 393: CONFIRMATION/SECRETARY DEQ.
S 447: TURNING TAS INTO TEACHERS.
S 448: PROFESSORS IN THE CLASSROOM.
S 597: APPRENTICESHIPNC.
Actions on Bills: 2017-04-10
S 289: VARIOUS DEANNEXATIONS. (NEW)
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