The Daily Bulletin: 2017-05-24

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The Daily Bulletin: 2017-05-24

PUBLIC/HOUSE BILLS
H 158 (2017-2018) SPECIAL ASSESSMENTS/CRITICAL INFRASTRUCTURE. Filed Feb 21 2017, AN ACT AUTHORIZING CITIES AND COUNTIES TO PROVIDE FOR THE PAYMENT OF ALL OR A PORTION OF THE COST OF CRITICAL INFRASTRUCTURE PROJECTS BY USING FUNDS FROM PRIVATE PARTIES AND REPAYING THE FUNDS BY MAKING SPECIAL ASSESSMENTS ON BENEFITED PROPERTY AND CLARIFYING THE RECIPIENT OF THE PROCEEDS FROM A PERFORMANCE GUARANTEE.

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

Amends proposed subsection (a1) of GS 153A-210.3, pertaining to counties, and GS 160A-239.3, pertaining to cities, regarding the required content of a preliminary assessment resolution. Adds that an estimate of the total cost of the project must be included in the preliminary assessment resolution adopted by the board of commissioners or city council. Makes conforming and organizational changes.

Amends the proposed changes to GS 153A-210.4(a) and GS 160A-239.4(a), which authorize a board of commissioners or city council to provide for payment of all or part of the cost of a project for which an assessment can be imposed under the Article from the specified funding sources, to provide that this funding is in addition to funding from sources otherwise authorized for use by a county or city (previously, by a board of commissioners or city council) in connection with a project. Amends proposed subsection (c) of each statute, providing that the board of commissioners or city council can agree to impose one or more assessments pursuant to the Article in order to reimburse a private party with whom the county or city contracted to construct a project on behalf of the county or city, so long as the reimbursement is for actual costs incurred by the private party related to the project and documented to the county or city (previously, did not limit reimbursement to actual costs incurred by the private party or require documentation). Further, modifies and expands the clause providing for the inclusion of an inflationary factor in the costs that may be reimbursed by adding new provisions to each subsection (c). Prohibits reimbursement to the private party for any interest costs of the funds invested by the party in the project except in the event that an abeyance in the collection of assessment is permitted pursuant to GS 153A-210.5, or GS 160A-239.5, whereby the amount to be reimbursed can include an inflationary factor applicable for the period of abeyance. Adds a new subsection (d) to each statute, providing that a subdivision control ordinance adopted by a county under GS 153A-331, or by a city under GS 160A-372, providing for a performance bond or guarantee to assure successful completion of required improvements will apply to a project funded in whole or in part by an assessment under each respective Article.

Intro. by Saine, Williams, Strickland, Reives.GS 153A, GS 160A
H 205 (2017-2018) WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW). Filed Feb 28 2017, AN ACT AMENDING A PROVISION OF THE WORKERS' COMPENSATION ACT RELATING TO PRISONERS AND PROVISIONS OF CERTAIN BENEFITS FOR NEWSPRINT EMPLOYEES.

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

Amends the long title.

Amends GS 97-13 (Exceptions from provisions of Article). Deletes proposed amendment to subsection (c), regarding application of the Article to prisoners being worked by the State or its subdivisions. Provides that prisoners worked pursuant to the Prison Industry Enhancement Program will have their average weekly wage calculated under GS 97-2(5), notwithstanding the $30 per week limit for prisoners described in subsection (c). Effective when the bill becomes law.

Enacts new GS 95-28.5. Provides that workers meeting each of eight listed conditions, including that the worker is paid by a person engaged in the business of publishing and distributing newspapers or magazines, are treated as employees for the purposes of GS Chapters 95, 96, 97, 105, and 143.

Amends GS 96-1(b)(12). Amends the definition ofemployment to include certain service involving delivery or distribution of newspapers and shopping news, or involving the sale of newspapers or magazines. Makes technical changes.

Amends GS 97-2(2), deleting a rebuttable presumption that the termemployee does not include persons performing services in the sale of newspapers or magazines.

Except as otherwise stated, effective January 1, 2018.

Intro. by McNeill, Zachary.GS 95, GS 96, GS 97
H 310 (2017-2018) WIRELESS COMMUNICATIONS INFRASTRUCTURE SITING. Filed Mar 9 2017, AN ACT TO REFORM COLLOCATION OF SMALL WIRELESS COMMUNICATIONS INFRASTRUCTURE TO AID IN DEPLOYMENT OF NEW TECHNOLOGIES.

House committee substitute makes the following changes to the 3rd edition.

Modifies subsection (f) in proposed GS 160A-400.54 (Collocation of small wireless facilities), authorizing cities to engage an outside consultant (was, a third-party consultant) for technical consultation and review of an application for the collocation of small wireless facilities. Makes conforming changes concerning the prohibited use of technical consulting fees collected by cities, prohibiting cities from using the fees to pay travel expenses incurred in the review by an outside consultant or other third party, or to directly pay or reimburse an outside consultant or other third party based on a contingent or results-based arrangement.

Amends subsection (h) in proposed GS 160A-400.54, expanding the prohibitions to also prohibit cities from charging fees for the previously specified activities, including routine maintenance, the replacement of small wireless facilities with similar facilities, and the installation or maintenance of authorized suspended micro wireless facilities that are in compliance with applicable codes and remitting taxes. Makes change to clarify that cities are prohibited from requiring an application or permit, or to charge fees, for the installation, placement, maintenance, or replacement of suspended micro wireless facilities strung by or for a communication service provider authorized to occupy the city rights-of-way (previously, did not specify city rights-of-way).

Makes a similar clarifying change in GS 160A-400.55 (Use of public right-of-way), clarifying the limitations for a city to assess a right-of-way charge for use or occupation of the city right-of-way by a wireless provider. Provides that the right-of way charge cannot exceed the direct and actual cost of managing the city right-of-way. Further, clarifies the reference in subsection (i), concerning applications by a wireless provider to a city to place, replace, or modify utility poles in the city rights-of-way (was, public rights-of-way) to support the collocation of small wireless facilities.

Renames proposed GS 160A-400.56, Access to city utility poles to install small wireless facilities. Modifies subsection (h), providing that Part 3E, as amended (previously, referenced the statute, not the Part), does not apply to an entity whose poles, ducts, and conduits are subject to regulation under the Communications Act of 1934, as specified, or GS 62-350.

Amends proposed GS 160A-400.57 (Applicability). Modifies subsection (b) to clarify that nothing in Part 3E affects any easement between private parties (previously, private easement). Modifies subsection (c), prohibiting cities from adopting or enforcing any regulation on the placement or operation of communications facilities in the rights-of-way of State-maintained highways or city rights-of-way by a provider authorized by State law to operate in those areas (previously, in the rights-of-way, with no specification).

Makes clarifying changes to proposed GS 136-18.3A (Wireless communications infrastructure).

Intro. by Saine, Torbett, Wray.GS 136, GS 160A
H 337 (2017-2018) UNMANNED AIRCRAFT SYSTEMS LAW REVISIONS. Filed Mar 14 2017, AN ACT TO MAKE VARIOUS REVISIONS TO THE LAWS GOVERNING THE USE OF UNMANNED AIRCRAFT SYSTEMS.

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

Enacts new GS 63-94. Provides that GS Chapter 63, Article 10 (Operation of Unmanned Aircraft Systems) does not apply to model aircraft (as defined with reference to purpose of use).

Makes section 1 [amending GS 15A-300.1(a)] effective December 1, 2017, and applicable to offenses committed on or after that date, and acts occurring and causes of action arising on or after that date.

Intro. by Torbett.GS 15A, GS 63
H 462 (2017-2018) BANKING LAW AMENDMENTS. Filed Mar 23 2017, AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER AMENDMENTS TO PROVISIONS APPLICABLE TO COMMERCIAL BANKS, PROVISIONS APPLICABLE TO BANK HOLDING COMPANIES, AND PROVISIONS APPLICABLE TO CREDIT UNIONS.

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

Amends the long title.

Amends GS 53C-10-101 (Holding companies). Applies that statute to holding companies that directly or indirectly control depository institutions (was, holding companies that directly or indirectly control banks).

Deletes Part III, which proposed amendments to GS 45-91. Makes conforming organizational changes.

Intro. by Howard, Setzer, Destin Hall, Conrad.GS 53, GS 53C, GS 54
H 486 (2017-2018) NATIONAL GUARD EDUCATION ASSISTANCE CHANGES. (NEW) Filed Mar 27 2017, AN ACT TO DIRECT THE UNIVERSITY OF NORTH CAROLINA SYSTEM AND THE STATE COMMUNITY COLLEGE SYSTEM TO ADOPT AND IMPLEMENT A UNIFORM POLICY TO REQUIRE THAT A STUDENT WHO IS A NATIONAL GUARD SERVICE MEMBER PLACED ON ACTIVE DUTY STATUS BE GIVEN AN EXCUSED ABSENCE FOR THE PERIOD OF TIME THE STUDENT IS ON ACTIVE DUTY AND TO PROVIDE ADDITIONAL OPTIONS TO THE STUDENT FOR COMPLETION OR WITHDRAWAL FROM CLASSES THAT WILL NOT PENALIZE THE STUDENT ACADEMICALLY; TO BROADEN THE NATIONAL GUARD TUITION ASSISTANCE PROGRAM TO COVER STUDENTS ENROLLED IN AN APPROVED PROFESSIONAL CERTIFICATION PROGRAM; TO ENSURE COMPLIANCE WITH FEDERAL LAW FOR IN‑STATE TUITION FOR VETERANS; AND TO PROHIBIT THE CLOSURE OF THE EASTERN CAROLINA STATE VETERANS CEMETERY IN GOLDSBORO.

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

Amends the act's short and long titles.

Adds a new subsection to GS 116-11, pertaining to the powers and duties of the UNC Board of Governors (BOG), and a new subsection to GS 115D-5, pertaining to the powers and duties of the State Board of Community Colleges. Directs the BOG and the State Board to adopt a policy to be applied uniformly throughout each System, providing that any enrolled student who is a National Guard Service Member placed on State active duty status during an academic term be given an excused absence for the period of time the student is on active duty. Details four requirements of the policy, including requiring that the student be given the opportunity to make up any test or other work missed during the excused absence, and permitting the student to drop, with no penalty, any course that the student was unable to complete as a result of being placed on State active duty status. Requires the BOG and the State Board to adopt these policies by July 1, 2017, and to direct each constituent institution or community college to implement the policies beginning with the 2017 fall academic term. Applies beginning with the 2017 fall academic semester.

Removes the application provision for proposed GS 116-209.54(b).

Amends GS 116-143.3A, pertaining to the waiver of 12-month residency requirement for certain veterans and other individuals entitled to federal education benefits under 38 USC Chapter 30 or 38 USC Chapter 33. Adds new subsection (c1), making eligible for the in-state tuition rate recipients using transferred Post-9/11 GI Bill benefits (38 USC 3319) while the transferor is on active duty in the Armed Forces, the commissioned corps of the US Public Health Service, or the National Oceanic and Atmospheric Administration, so long as the recipient's abode is in North Carolina and the recipient provides the institution of higher education a letter of intent to establish NC residency.

Adds new subsection (c2), making eligible for the in-state tuition rate recipients of the Marine Gunnery Sergeant John David Fry Scholarship (38 USC 3311(b)(9)), whose parent or spouse died in the line of duty, without regard as to whether the death in the line of duty followed a period of active duty service of 90 days or more, so long as the recipient's abode is in North Carolina and the recipient provides the institution of higher education a letter of intent to establish NC residency.

Makes conforming changes to subsection (c). Modifies subsection (d), providing that after the expiration of the three-year period following discharge (currently, following discharge or death) as described in 38 USC 3679(c), any enrolled veteran entitled to federal education benefits under 38 USC Chapter 30 or 38 USC Chapter 33 and any other enrolled individual described in subsection (c) of GS 116-143.3A entitled to federal educational benefits under 38 USC Chapter 30 or 38 USC Chapter 33 who is eligible for in-State tuition under the statute continues to be eligible for the in-State tuition rate, provided that the covered individual remains continuously enrolled at that institution of higher education. Effective July 1, 2017.

Intro. by G. Martin, Szoka.GS 115D, GS 116
H 799 (2017-2018) UTILITY BILLING BY LESSORS. Filed Apr 11 2017, AN ACT TO ALLOW FOR LANDLORDS TO CHARGE INDIVIDUAL TENANTS FOR SHARED COST OF NATURAL GAS SERVICE PROVIDED TO LEASED PREMISES.

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

Makes a technical change to amendments to GS 42-42.1 (Water and electricity conservation) to reflect the text of the statute as amended by SL 2017-10.

Makes technical changes to amendments to GS 62-110 (Certificate of convenience and necessity) to reflect the text of the statute as amended by SL 2017-10, which passed portions of the amendments proposed in the 2nd edition.

Amends GS 62-110, as amended by SL 2017-10. Amends the current requirement that the Utilities Commission develop an application that lessors must submit for authority to charge for water or sewer services at multiple locations, requiring the application to apply to single-family dwellings (currently, single-family homes), subject to an approval by the Commission (currently, subject to single Commission approval). Amends the required contents of the form.

Makes the act effective when it becomes law (was, October 1, 2017).

Intro. by Bradford.GS 42, GS 62

The Daily Bulletin: 2017-05-24

PUBLIC/SENATE BILLS
S 24 (2017-2018) ALLOW RESTAURANTS TO USE OUTDOOR GRILLS. Filed Feb 1 2017, AN ACT ALLOWING FOOD ESTABLISHMENTS TO USE OUTDOOR GRILLS FOR FOOD PREPARATION.

AN ACT ALLOWING FOOD ESTABLISHMENTS TO USE OUTDOOR GRILLS FOR FOOD PREPARATION. Enacted May 24, 2017. Effective May 24, 2017.

Intro. by McInnis, Tarte, J. Davis.GS 130A
S 114 (2017-2018) ANNUAL REPORT MODERNIZATION. Filed Feb 21 2017, AN ACT REVISING THE LAWS GOVERNING THE SUBMISSION OF ANNUAL REPORTS BY VARIOUS BUSINESS ENTITIES TO THE SECRETARY OF STATE; CONFORMING THE TREATMENT OF LEASEHOLD INTERESTS IN EXEMPT PROPERTY TO THAT OF OTHER TYPES OF INTANGIBLE PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX; AND CREATING THE CRIMINAL CODE RECODIFICATION COMMISSION.

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

Deletes Section 5(a), enacting GS 105-164.14(d3) and (d4), and Section 5(b), amending GS 105-164.14(d3) as enacted by the act. Instead, amends GS 105-164.14(b) as follows. Adds new provisions requiring the Secretary of Revenue to verify, prior to issuance of a refund, that a nonprofit entity is not delinquent for failure to file annual reports with the Secretary of State based on information received at least 30 days prior to issuance of any tax refund. Requires the Secretary of Revenue to deny the request for a refund and notify any delinquent nonprofit entity that the request has been denied for failure of the entity to submit any required annual reports to the Secretary of State. Provides that the denial of a request for a refund can be cancelled and the refund granted upon the Secretary of Revenue's receipt of information from the Secretary of State that the nonprofit entity has submitted all required annual reports. Establishes that a refund cannot be issued after one year from the date a request for a refund was denied due to failure to file annual reports with the Secretary of State. Effective January 1, 2019, and applies to requests for refunds submitted on or after that date. Makes conforming organizational change to, but does not alter the content of, Section 5.(c), directing the Secretary of State and the Department of Revenue to jointly develop a process for verifying whether an applicant for a refund under GS 105-164.14 has submitted all required annual reports.

Makes conforming changes to the effective date provisions in Section 8 of the act.

Intro. by Wells, Tarte.GS 55, GS 55A, GS 57D, GS 59, GS 105
S 410 (2017-2018) MARINE AQUACULTURE DEVELOPMENT ACT. Filed Mar 28 2017, AN ACT TO ESTABLISH A PROGRAM FOR THE LEASING OF PUBLIC BOTTOM AND SUPERJACENT WATER COLUMN FOR MARINE AQUACULTURE, TO REQUIRE THE DIVISION OF MARINE FISHERIES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO REQUEST THE ISSUANCE OF FEDERAL RULES TO ALLOW MARINE AQUACULTURE IN FEDERAL WATERS OFF THE COAST OF THE STATE, AND TO ESTABLISH ADDITIONAL TRANSPARENCY REQUIREMENTS FOR MEMBERS OF THE MARINE FISHERIES COMMISSION.

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

Amends the long title.

Amends the title of proposed GS Chapter 113, Article 16B, to read Marine Aquaculture. Recodifies proposed Article to be GS Chapter 113, Article 16A.

Enacts new GS 113-215 (Definitions), defining marine aquaculture, marine aquaculture lease, and marine aquatic species. Recodifies proposed GS 113-215 (Legislative findings and declaration of policy) is recodified as GS 113-216.

Deletes proposed GS 113-217 (Lease of superadjacent water column for marine aquaculture). Recodifies proposed GS 113-216 (New leases for marine aquaculture) as GS 113-217. Amends GS 113-217 as follows. Amends the Secretary's authority under this statute to grant marine aquaculture leases, deleting the text specifying that the leases are of the public bottom, and the text requiring the leases be granted to persons residing in North Carolina. Rephrases the purpose of the authority as promoting marine aquaculture (was, marine aquaculture operations). Amends the minimum standards for determining suitable areas for marine aquaculture, adding five additional standards, including that aquaculture use of the leased area must not significantly impair navigation. Prohibits a person, corporate entity, or single family unit from acquiring and holding by lease, lease renewal, or purchase more than 1,500 acres under marine aquaculture leases. Prohibits individual leases from exceeding 100 acres. Clarifies that the area proposed to be leased (was, the area of bottom applied for under this statute must be as compact as possible. Raises the rental for initial and renewed leases from $10 per acre per year to $210 per acre per year. Deletes the requirement that the Secretary initiate proceedings to terminate a lease transferred to a non-State resident. Amends the list of occurrences requiring the Secretary to initiate proceedings to terminate the lease to delete two occurrences, including substantial breach of compliance with the provisions of proposed GS Chapter 113, Article 16A, or of other listed terms and requirements. Clarifies that the area thrown open to the public for use upon final termination of a leasehold is the leased area (was, the bottom in question). Requires the former leaseholder to remove all abandoned markers denominating the area of the leasehold (was, denominating the area of the leasehold as a private bottom). Makes organizational and conforming changes.

Makes a technical change to proposed GS 113-218 (Protection of private marine aquaculture rights), deleting a caption.

Amends GS 143B-289.54. Provides that routine electronic communication sent from Division of Marine Fisheries staff to all Marine Fisheries Commission members is not considered an official meeting. Provides that proposed subsection (m), regarding transparency, does not limit or eliminate any privilege existing at common law or under statute.

Intro. by Cook, Sanderson, Tillman.GS 113, GS 143B
S 470 (2017-2018) PERSONAL INJURY BANKRUPTCY TRUST CLAIMS. Filed Mar 29 2017, AN ACT AMENDING RULE 26 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE RELATING TO DISCOVERY IN BANKRUPTCY TRUST PERSONAL INJURY CLAIMS.

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

Amends GS 1A-1, Rule 26 (General provisions governing discovery). Amends the scope of discovery for bankruptcy trust personal injury claims, deleting the requirement that a plaintiff supplement the information and materials provided under that subsection within 30 days of filing an additional claim.

Deletes proposed amendment to GS 1B-4 (Release or covenant not to sue).

Amends GS 1-75.12 (Stay of proceeding to permit trial in a foreign jurisdiction or filing of a bankruptcy trust claim). Deletes proposed language authorizing the court to stay civil personal injury actions claiming asbestos exposure until a bankruptcy trust addresses a bankruptcy trust claim (but preserves the language authorizing the court to stay the action until the plaintiff files the bankruptcy trust claim).

Makes the bill applicable to actions filed (was, filed or pending) on or after the date the bill becomes law.

Intro. by Lee, Brown, B. Jackson.GS 1, GS 1A, GS 8C
S 599 (2017-2018) EXCELLENT EDUCATORS FOR EVERY CLASSROOM. Filed Apr 4 2017, AN ACT TO ESTABLISH THE PROFESSIONAL EDUCATOR PREPARATION AND STANDARDS COMMISSION, TO AUTHORIZE THE EXPANSION OF EDUCATOR PREPARATION PROGRAMS AND TO CREATE A SYSTEM THAT HOLDS ALL PROGRAMS ACCOUNTABLE, TO REORGANIZE AND CLARIFY THE EDUCATOR LICENSURE PROCESS, AND TO ENSURE AVAILABILITY OF INFORMATION ON TEACHER VACANCIES OCCURRING IN NORTH CAROLINA PUBLIC SCHOOLS.

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

Adds to the membership of the Professional Educator Preparation and Standards Commission (Commission) established in new GS 115C-268.1, increasing the membership from 16 to 18. Adds two personnel administrators from local school administrative units in North Carolina with at least 30,000 students to the Commission to be appointed by the General Assembly upon the recommendation of one by the President Pro Tempore of the Senate and one by the Speaker of the House of Representatives.

Adds to new GS 115C-268.5 (Powers and duties of the Commission). Amends subdivision (a)(1), which requires the Commission to develop and recommend to the State Board of Education (State Board) rules related to all aspects of the educator preparation programs in accordance with Article 17D, to specifically require these rules to include requirements for appropriate pedagogy to be included in residency license programs. Amends subdivision (a)(2), which requires the Commission to develop and recommend to the State Board rules related to all aspects of professional standards for NC educators in accordance with Article 17E (Licensure), to specifically require these rules to include specific hour requirements for (1) preservice training and field experiences prior to entering the classroom for individuals issued residency licenses and (2) preservice training prior to entering the classroom for individuals issued emergency licenses. Adds a new subsection, requiring the Commission to recommend ways to ensure that the clinical practice requirements described in GS 115C-269.25(d) effectively prepare high quality professional educators who meet the demands of NC schools. 

Modifies new GS 115C-269.20 (Content and pedagogy requirements). Adds to subsubdivision (a)(4)a., which requires Educator Preparation Programs (EPPs) providing training for middle and high school teachers to include adequate coursework in the relevant content area, to provide that for clinical residency programs, students can instead demonstrate a mastery of the relevant content area through the passage of the relevant content area examination approved by the State Board.

Modifies new GS 115C-269.25 (Clinical partnerships and practice in educator preparation programs). Amends subsection (d), setting forth the clinical practice requirements that EPPs must require, to include in the residency criteria the qualification that the resident completes field experiences and training required by the State Board prior to the residency (previously, required the resident to complete at least 30 hours of field experience and 150 hours of coursework and/or training prior to the residency).

Modifies subsection (c) of new GS 115C-269.35 (Accountability for educator preparation programs) by eliminating the requirement that EPPs annually provide performance reports to the UNC Board of Governors to be incorporated into the Teacher Quality Dashboard. Instead, adds to new GS 115C-269.50 (EPP report cards), requiring the State Board to provide the information from each EPP's annual performance report to the UNC Board of Governors to be incorporated into the Teacher Quality Dashboard to provide greater accessibility and comparability of data on the performance of EPPs in the State.

Amends subdivision (a)(2) of new GS 115C-270.20 concerning an emergency license (EL). Adds that applicants for ELs must meet all other requirements established by the State Board, including preservice training, prior to teaching (previously, did not expressly include that preservice training requirements be met, and did not specify that the requirements must be met prior to teaching). Adds new subdivision (a)(5), providing for a one-year, once renewable residency license (RL). Details requirements that must be met for an RL: (1) the license must be requested by the local board of education and accompanied by a certification of supervision from the recognized educator preparation program in which the individual is enrolled and (2) the individual meets four qualifications, including that the individual has either completed coursework relevant to the requested licensure area or passed the content area examination relevant to the requested licensure area that has been approved by the State Board. Adds new subsection (c) to proposed GS 115C-270.20, providing that for individuals seeking licensure in a career or technical education area, the State Board can establish alternate criteria related to that area to establish competency in lieu of a bachelor's degree.

Provides that any professional educator license issued by the State Board prior to the effective date of the act continues in effect until the expiration of that license. Permits the State Board to continue to issue lateral entry licenses for the 2017-18 and 2018-19 school years in accordance with State Board Policy LICN-001 as it was in effect on the effective date of the act.

Makes conforming changes to GS 115C-325.1(6)a. and GS 115C-325.4(a)(11).

Makes organizational changes.

Intro. by Barefoot.GS 93B, GS 115C, GS 115D, GS 116
S 628 (2017-2018) VARIOUS CHANGES TO THE REVENUE LAWS. Filed Apr 4 2017, AN ACT TO MAKE VARIOUS CHANGES TO THE REVENUE LAWS.

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

Part 1 (Business Tax Changes).

Section 1.5(a). Amends GS 105-130.4(s2), regarding allocation and apportionment of income from pipeline companies. No longer applies that subsection to gas pipeline companies.Deletes references to "traffic units," replacing them with "barrel miles." Deletes definition oftraffic unit, and definesbarrel mile. Effective for taxable years beginning on or after January 1, 2017.

Section 1.5(b) substantively reverses Section 1.5(b) of this committee substitute's amendments to proposed GS 105-130.4(s2) to the state found in the 1st edition except: (1) refers to gas pipeline companies subject to rate regulation by the Federal Energy Regulatory Commission, and (2) no longer includes another appropriate measure of product movement in the definition of traffic unit. If Section 38.7(a) of S 257 (2017) (also amending this statute) is enacted, then this section is effective for taxable years beginning on or after January 1, 2018.

Section 1.6(b). Amends the definition ofproportionate share of interest.

Section 1.9(e) is renumbered Section 1.9(f). New Section 1.9(e) amends GS 105-153.4(d), regarding taxable income from S Corporations and Partnerships. Clarifies that the calculation in that subsection applies to partners in partnerships and members of other unincorporated businesses (was, members of partnerships or other unincorporated businesses).

Section 1.9(f). Amends GS 105-154. Makes technical changes.

Section 1.9(g). Section 1.9(a) and (c) are effective for taxable years beginning before January 1, 2014. Section 1.9(b) and (d) are effective for taxable years beginning on or after January 1, 2014. Section 1.9(e) is effective for taxable years beginning on or after January 1, 2015. The remainder of the bill is effective when it becomes law, and Section 1.9(f) applies to all taxable years.

Section 1.10(a). Amends GS 105-228.4A (Tax on captive insurance companies). Amends the aggregate amount of tax payable under this statute, as described, to delete the maximum amount for which a captive insurance company may be liable, including for any one cell or series of the insurance company.

Deletes Section 1.11(a) and (b), which amended GS 105-228.5(d)(3), regarding an additional rate on property coverage contracts.

Part 2 (Sales and Use Tax).

Section 2.1. Amends GS 105-164.3 (Definitions) as follows:

Redefinescapital improvementto refer to an addition or alteration to real property that is permanently affixed or installed to real property, including new construction, reconstruction, or remodeling, and nine other listed things. Excludes activities listed in the definition of repair, maintenance, and installation services.

Amends definition offree-standingapplianceto refer to an appliance commonly thought of as a household machine (was, household device) operated by gas or electric current. Amends list of examples to refer to installation of those appliances, and to include ranges, regardless of whether the range is slide-in or drop-in.

Amendsdefinition oflandscapingto refer to a service that modifies the living elements of an area of land. Amends list of examples to include application of pine straw, and to exclude services to trees, shrubs, flowers, and similar items in pots or in buildings.

Amends definition ofmixed transaction contractto refer to a contract that includes both a real property contract for a capital improvement and a repair, maintenance, and installation service that is not related to the capital improvement.

Amends the definition ofmotor vehicle service contract. Amends the definition ofmotor vehicle service agreement companywithin that definition to refer to a person other than a motor vehicle dealer that is an obligor of a service contract (was, that issues a service contract) for a motor vehicle, or its components, systems, or accessories, and who is not an insurer.

Amends the definition ofreal propertyto include manufactured or modular homes on land (was, placed on a permanent foundation).

Amends the definition ofrepair, maintenance, and installation servicesto exclude services defined as capital improvement to real property taxed under GS 105-164.4H. Includes floor refinishing and certain replacements that do not comprise capital improvement.

Amends definition ofservice contractto include contracts to provide services included in the definition ofrepair, maintenance, and installation service, to currently listed types of property and real property.

Amends the definition of real property contractor to specify that it includes a general contractor, a subcontractor, or a builder for purposes of Article 5, Sales and Use Tax (was, or purposes of GS 105-164.4H).

Definesnew construction, reconstruction,remodeling(definition does not include single repair, maintenance, and installation service, such as installation of carpet, or transactions where the true purpose is a repair, maintenance, or installation service, such as repair of sheetrock that includes applying paint), andrenovation(same asremodeling).

Section 2.2 amends GS 105-164.4(a). Amends the privilege tax imposed on retailers to include the sale of free-standing appliances as retail sales of tangible personal property (deletes language making this the case regardless of whether the property is installed or applied to real property).

Section 2.4(a) repeals GS 105-164.4H(b1) and (e) (regarding joint and several liability under real property contracts, and defining several terms which are redefined in Section 2.1).

Section 2.4(b) amends GS 105-164.4H, as amended by Section 2.4(a). Excludes provision of services from the applicability of this statute (retaining the provision of personal and digital property). Amends proposed subsection (a1), regarding substantiation. Provides that a person may substantiate that a transaction (was, contract) is a real property contract or a mixed transaction by records that establish the transaction is a real property contract or by receipt of an affidavit of capital improvement or mixed transaction (1st edition did not include mixed transactions). Clarifies that the provision that receipt of an affidavit of capital improvement directs the recipient to treat the transaction as a capital improvement applies absent fraud or other egregious activities (was, receipt of an affidavit accepted in good faith directed the recipient). Makes the affiant liable for additional tax on the transaction, in excess of tax paid on related purchases under subsection (a), if the transaction is determined not to be a capital imporvement but rather is subject to tax as a retail sale (was, liable for any tax on the transaction if determined that the transaction is not a capital improvement). Shields the recipient of the affidavit, absent fraud or other egregious activities, from liability for additional tax on the gross receipts from the transaction in that circumstance. Clarifies that the tax on mixed transaction contracts is calculated as follows: if the sales price of the taxable repair, maintenance, and installation services is 25% or less of the contract price, then that portion of the contract and the tangible personal property, digital property, and service used to perform those services are taxable as a real property contract. If greater than 25%, then sales and use tax applies to the sales price of or the gross receipts derived from that portion of the contract. Requires the person to determine an allocated price for the services (was, an allocated price for each service). Excludes purchase of services to fulfill the real property contract from this taxation. Makes conforming changes.

Section 2.4(c) amends GS 105-164.6(b). Provides that if property taxable under this statute becomes a part of real property in the State, the real property contractor, the retailer-contractor, the subcontractor, the lessee, and the owner are jointly and severally liable, except as provided in GS 105-164.4H(a) regarding receipt of an affidavit of capital improvement. The liability of a real property contractor, retailer-contractor, subcontractor, lessee, or owner who did not purchase the property is satisfied by receipt of an affidavit from the purchaser certifying that the tax was paid. (Current law does not include retailer-contractors or lessees, and does not provide for affidavits under GS 105-164.4H(a)).

Section 2.4(d) amends GS 105-164.15A(a)(2). Provides that tax changes for taxable items not billed on a monthly or periodic basis do not apply to amounts received for items purchased to fulfill a real property contract for a capital improvement entered into or awarded before the effective date or entered into or awarded pursuant to a bid made before the effective date. Deletes the provision regarding applicability to items provided under a lump sum or unit price contract.

Section 2.4(e) amends GS 105-468.1 (Certain building materials exempt from sales and use taxes). Exempts tangible personal property or digital property (was, building materials) purchased for the purpose of fulfilling a real property contract for a capital improvement (was, fulfilling any lump sum or unit price contract) entered into or awarded, or which bid was entered before, the effective date of the tax imposed by a taxing county under GS Chapter 105, Article 39 (Local Government Sales and Use Tax).

Section 2.5(b) amends GS 105-164.4I(c). Deletes the provision exempting contracts to provide landscaping, pest control, or moving services from the tax under that statute.

Section 2.6. Amends GS 105-164.13 (Retail sales and use tax). Amends subsection (61a), regarding the exemption for repair, maintenance, and installation services for items other than motor vehicles. Provides that property and services used to fulfill repair, maintenance, or installation services, or service contracts exempt from tax under this subdivision, are taxable, other than property and services used to fulfill a service or contract exempt under sub-subdivision a. (regarding items exempt from tax under GS Chapter 105, Article 5 (Sales and Use Tax). Amends the list of exempt service contracts to include, amongst several other things, window washing, mold remediation services, household and commercial trash collection and removal, and services required to prepare certain inspection reports. Deletes the language requiring a home inspection be performed by a licensed home inspector for the services to be exempt. Deletes the exemption for installation charges for a manufactured home or modular home. Amends subsection (62), exempting items or repairs, maintenance, and installation services purchased or used to fulfill a service contract (was, purchased or used to maintain, monitor, etc., tangible personal property or digital property pursuant to a service contract) taxable under GS Chapter 105, Article 5 (Sales and Use Tax), subject to the current conditions. Amends subsection (65), exempting sales price of or gross receipts derived from a service contract on, or repair, maintenance, and installation services for, currently listed engine parts that are purchased, leased, or rented (1st edition did not specify purchased, leased, or rented) and that are exempt from tax under this subdivision or that are allowed a sales tax refund under GS 105-164.14A(a)(5).

Section 2.7(a) amends GS 105-164.14 to also allow an interstate carrier a sales tax refund on the purchase of service contracts other than motor vehicle service contracts. Makes conforming changes.

Section 2.7(b). Changes the effective date of Section 2.7(a), amending GS 105-164.14(a), to March 1, 2016 (was, January 1, 2017).

Section 2.8(a). Provides that, if the Secretary of Revenue determines that a seller paid sales and use taxes on a product and the seller uses the product purchased for a taxable repair, maintenance, and installation (RMI) service to real property, the Secretary can allow the seller to offset the sales tax liability on the taxable RMI service with the sales and use tax paid on the products, so long as the retailer can support the amount of tax originally paid (previously, did not require the retailer be able to support the amount of tax originally paid). Adds that a retailer entitled to a credit for tax originally paid under the provision may reduce taxable receipts by the taxable amount of the credit for the period in which the credit occurs.

Section 2.8(b). Adds new section directing the Revenue Laws Study Committee to study the feasibility of providing a seller of taxable repair, maintenance, and installation services to real property the option of paying sales tax on the property used to fulfill the repair, maintenance, and installation service at the time the property is purchased and offsetting the sales tax liability on the taxable repair, maintenance, and installation service with the sales and use tax paid on the products. Adds that Section 2.8(a) provides sellers this option until July 1, 2018. Requires the Revenue Laws Study Committee to recommend to the 2018 Session of the 2017 General Assembly whether this option should be allowed on a permanent basis.

Section 2.8(c). Adds provision establishing that the remainder of Section 2.8 not previously specified is effective when it becomes law.

Section 2.9(a). Amends GS 105-164.13 (Retail sales and use tax). Clarifies that the exemption from sales tax for custom computer software applies to custom computer software and the portion of prewritten software that is modified or enhanced if the modification or enhancement is designed and developed to the specifications of a specific purchaser and the charges for the modification or enhancement are separately stated on the invoice or similar billing document given to the purchaser at the time of sale (currently, did not specify where the separate charges for modification or enhancement must be stated). Also, modifies the exemption in subdivision (57a), now exempting fuel, piped natural gas, and electricity sold to a person subject to tax on certain tangible personal property pursuant to GS 105-187.51B(a)(6) (currently, sold to a secondary metals recycler) for use in recycling at its facility at which the primary activity is recycling.

Section 2.9(b). Makes a clarifying change to GS 105-164.14(b), specifying that the aggregate annual refund amount allowed a nonprofit entity under this subsection for the Stateäó»s fiscal year (currently, for a fiscal year) cannot exceed $31.7 million.

Section 2.9(c). Makes technical changes to GS 105-467(b), concerning exemptions and refunds. Establishes that the State exemptions and exclusions contained in Article 5 of Subchapter I of the Chapter, except for the exemption for food in GS 105-164.13B (currently, the exemptions and exclusions contained in GS 105-164.13 and GS 105-164.27A) apply to the local sales and use tax authorized to be levied and imposed under the Article. Further establishes that the State refund provisions contained in GS 105-164.14 and GS 105-164.14A (currently, the refund provisions contained in GS 105-164.14 through GS 105-164.14B) apply to the local sales and use tax authorized to be levied and imposed under the Article. Makes clarifying change, specifying that the aggregate annual local refund amount allowed an entity under GS 105-164.14(b) for the Stateäó»s fiscal year (currently, for a fiscal year) cannot exceed $13.3 million. Provides that sales and use tax liability indirectly incurred by the entity as part of a real property contract for real property (currently, incurred by the entity on building materials, supplies, fixtures, and equipment that become part of or annexed to any building or structure) that is owned or leased by the entity and is a capital improvement (currently, and is being erected, altered, or repaired) for use by the entity is considered a sales or use tax liability incurred on direct purchases by the entity for purposes of subsection (b). Amends GS 105-467(c), providing that the sourcing principles in Article 5 of Subchapter I of the Chapter (currently, the sourcing principles in GS 105-164.4B) apply in determining whether the local sales tax applies to a transaction.

Section 2.9(d). Amends GS 105-468 (Scope of use tax). Provides that the use tax is a tax at the rate of 1% of the purchase price of an item or transaction (was, or article of tangible personal property) not sold in the taxing county but is for storage, use, or consumption in the taxing county and sourced in accordance with Article 5 of Subchapter I of the Chapter (currently, does not expressly include compliant sourcing). Makes conforming changes.

Section 2.9(e). Amends GS 105-471 (Retailer to collect sales tax). Adds a new provision establishing that a retailer is not required to collect a local use tax on a transaction if a local sales tax does not apply to the transaction in accordance with GS 105-164.8(c). Establishes that a tax to be collected under the Article must be collected as part of the sales price of an item or transaction subject to tax in accordance with GS 105-467 (currently, as a part of the sales price of the item of tangible personal property sold, the purchase price of the item of tangible personal property used, or as part of the charge for the rendering of any services, renting, or leasing of tangible personal property, or the furnishing of any accommodation taxable hereunder; conforms to the modified language of GS 105-468, above).

Section 2.9(f). Amends GS 105-474, providing that the definitions set forth in Article 5 of Subchapter I of the Chapter (currently, set forth in GS 105-164.3) apply to the Article as specified. Makes technical changes.

Section 2.9(g). Amends GS 105-187.31, providing that an excise tax is imposed on dry-cleaning solvent purchased for storage, use, or consumption by a dry-cleaning facility in the State (currently, more specifically imposes the tax on those purchases outside of the State).

Section 2.10. Adds new Section, providing that Sections 2.1 through 2.8 of Part II are effective retroactively to January 1, 2017, and apply to sales and purchases made on or after that date. Further provides that any amendments made in Sections 2.1 through 2.8 of Part II that increase sales or use tax liability become effective when the act becomes law.

Part 3 (Tax Collection and Enforcement).

Section 3.1(a). Deletes proposed changes to GS 105-236(a)(7) and (a)(9).

Deletes the description for the new offense of identity theft set out in new GS 105-236(a)(9b). Instead, provides that a person who knowingly obtains, possesses, or uses identifying information of another person, whether living or dead, with the intent to fraudulently utilize that information in a submission to the Department of Revenue to obtain anything of value, benefit, or advantage for themselves or another is guilty of a class G felony. Adds that if the person whose identifying information is obtained, possessed, or used by another in this manner suffers any adverse financial impact as a proximate results of the offense, then then the offender is guilty of a class F felony. Clarifies that each personäó»s identity obtained, possessed, or used in this manner counts as a separate offense. Defines identifying information to include legal name; date of birth; Social Security Number (previously was not included); Taxpayer Identification Number; Federal Identification Number; bank account numbers; and Federal or State tax or tax return information (previously was not included). Effective December 1, 2107.

Section 3.1(b). Deletes proposed changes to GS 105-235.

Part 4 (Administrative Changes).

Section 4.1(c). Deletes the previous provisions amending GS 105-241.12 (Results when taxpayer does not request a review). Instead, enacts GS 105-241.13A (Taxpayer inaction). Sets out that if a taxpayer makes no response to the Department of Revenueäó»s (Department) request for additional information under GS 105-241.13(a) by the requested date, the proposed denial of a refund or proposed assessment becomes final. Directs the Department to send the taxpayer a notice providing that the proposed denial or assessment becomes final 10 days from the date of the notice of inaction unless the taxpayer responds to the Department. Establishes that a proposed denial or proposed assessment that becomes final is not subject to further administrative or judicial review. Prohibits a taxpayer from filing another amended return or claim for refund to obtain the denied refund. Allows for the taxpayer to request a refund of tax upon payment of the tax. Adds that before the Department collects a proposed assessment that becomes final under this new statute, the Department is required to send the taxpayer a notice of collection containing the information required under GS 105-241.12.

Section 4.1(d). Makes technical and conforming changes to GS 105-241.13(a), providing that when a taxpayer makes no response to the Department of Revenueäó»s request for additional information by the requested response date, the refund or assessment is subject to the provisions of GS 105-241.13A as enacted. Amends subsection (b), adding that when the Department of Revenue and the taxpayer agree that an action taken under subsection (a) or (a1) of the statute resolves the taxpayeräó»s objection to the Departmentäó»s proposed denial of a refund or a proposed assessment, the Department is not required to take any further action on the request for review. Requires the Department of Revenue to schedule a conference with the taxpayer when an action under subsection (a) or (a1) does not resolve the taxpayeräó»s objection to the Departmentäó»s proposed denial of a refund or a proposed assessment.

Section 4.2(a). Amends the proposed changes to GS 105-241.22, permitting the Department of Revenue to collect tax when the Department sends a notice of collection after the taxpayer does not file a timely request for a Departmental review of a proposed assessment of tax or based upon the taxpayeräó»s inaction in accordance with GS 105-241.13A as enacted (previously, deleted portions of existing language).

Section 4.8. Makes Section 4.1(e), amending GS 105-241.16 (Judicial review of decision after contested case hearing), effective retroactively to January 1, 2012, and apply to contested cases commenced on or after that date. Makes conforming changes.

Intro. by Tillman, Brock, Tucker.STUDY, GS 105

The Daily Bulletin: 2017-05-24

The Daily Bulletin: 2017-05-24

ACTIONS ON BILLS

Actions on Bills: 2017-05-24

PUBLIC BILLS

H 27: CLARIFY EXPIRATION OF VEHICLE REGISTRATION.

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

H 57: ENACT PHYSICAL THERAPY LICENSURE COMPACT.

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

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

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

H 125: THREATENED WEAPON INC. IN FIRST-DEG RAPE.

    Senate: Reptd Fav

H 144: CREDIT UNION/TRUST INSTITUTION CHANGES.

    Ratified

H 158: SPECIAL ASSESSMENTS/CRITICAL INFRASTRUCTURE.

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

H 205: WC CHANGES/LEGAL NOTICE MODERNIZATION (NEW).

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

H 208: OCCUP. THERAPY/CHOICE OF PROVIDER.

    Ratified

H 225: ATTEMPTED ROBBERY IS LESSER INCLUDED.

    Senate: Reptd Fav

H 228: POSTPONE ASSUMED NAME REVISIONS.

    Ratified

H 283: DHHS RECOMMEND TELEMEDICINE POLICY (New)

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

H 310: WIRELESS COMMUNICATIONS INFRASTRUCTURE SITING.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)

H 337: UNMANNED AIRCRAFT SYSTEMS LAW REVISIONS.

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

H 434: COINS/CURRENCY/BULLION SALES TAX EXEMPTION.

    House: Regular Message Sent To Senate

H 454: SURVEYING AND PLAT RECORDING CHANGES.

    Senate: Reptd Fav

H 455: COMBINE FUNERAL AND GRAVE EXPENSE ALLOWANCES (NEW).

    House: Regular Message Sent To Senate

H 462: BANKING LAW AMENDMENTS.

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

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

    Senate: Regular Message Sent To House
    House: Regular Message Received For Concurrence in S Com Sub

H 486: NATIONAL GUARD EDUCATION ASSISTANCE CHANGES. (NEW)

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

H 487: NAT. GUARD REEMPLOYMENT RIGHTS/DEFINITIONS.

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

H 515: ADAPTIVE EQUIPMENT TAX BENEFIT.

    House: Regular Message Sent To Senate

H 764: EXPANSION OF MSD/BD APPT.

    Senate: Reptd Fav

H 799: UTILITY BILLING BY LESSORS.

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

H 922: OBSERVE MECKLENBURG INDEPENDENCE DAY.

    House: Adopted

H 923: COMMEMORATE WORLD WAR I.

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

S 24: ALLOW RESTAURANTS TO USE OUTDOOR GRILLS.

    Signed by Gov. 5/24/2017
    Ch. SL 2017-18

S 62: VETERANS' AFFAIRS COMMISSION/STRATEGIC PLAN.

    House: Regular Message Sent To Senate

S 114: ANNUAL REPORT MODERNIZATION.

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

S 410: MARINE AQUACULTURE DEVELOPMENT ACT.

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

S 470: PERSONAL INJURY BANKRUPTCY TRUST CLAIMS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)

S 599: EXCELLENT EDUCATORS FOR EVERY CLASSROOM.

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

S 615: NORTH CAROLINA FARM ACT OF 2017.

    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 628: VARIOUS CHANGES TO THE REVENUE LAWS.

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

Actions on Bills: 2017-05-24

LOCAL BILLS

H 25: RANDOLPH COUNTY ZONING PROCEDURE CHANGES.

    Senate: Reptd Fav

H 111: WINSTON-SALEM/SERVICE BY PUBLICATION COST.

    Senate: Reptd Fav

H 184: CERTAIN TOWNS/SEWER FEE COLLECTIONS.

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

H 449: HENDERSON CTY/LAW ENFORCEMENT TRAINING CENTER.

    Senate: Reptd Fav

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